HR-9406-119
Referred to the House Committee on Veterans' Affairs.
Sponsored by Josh Harder (D-CA)
What it does
This bill would amend title 38 of the U.S. Code to eliminate the numerical cap on the number of pay waivers the Secretary of Veterans Affairs may grant to critical health care personnel at the Department of Veterans Affairs (VA). Currently, the law limits how many VA health care workers can receive waivers that allow their pay to exceed standard federal pay ceilings. This bill would remove that limit, allowing the Secretary to grant such waivers to any qualifying critical health care employee without restriction.
Who benefits
VA health care workers in critical shortage positions (such as physicians, nurses, and specialists) who are currently unable to receive pay waivers due to the numerical cap. Veterans who rely on VA health care and may benefit from improved recruitment and retention of clinical staff. The VA system broadly, if the change helps fill hard-to-staff positions. Rural and underserved communities where VA staffing shortages tend to be most acute.
Who is hurt
Private-sector hospitals and health systems that compete with the VA for clinical talent and may face increased competition if the VA can offer higher pay to more workers. Federal budget — removing the cap could increase VA personnel spending, though the total cost would depend on how many additional waivers are granted. Taxpayers who bear the cost of any increased federal payroll expenditures. VA employees in non-critical roles who remain subject to standard pay ceilings and may perceive pay equity concerns.
Supporters argue
Supporters argue that the VA faces a persistent and well-documented staffing crisis — the agency reported over 50,000 vacancies in 2023 — and that the existing numerical cap on pay waivers artificially prevents the Secretary from using an available tool to compete with private-sector salaries. They contend that veterans' access to timely, quality care depends directly on adequate clinical staffing, and that removing an arbitrary administrative ceiling gives the Secretary the flexibility needed to address shortages wherever they arise, particularly in high-cost or rural markets.
Opponents argue
Opponents argue that removing the cap without a corresponding funding mechanism or oversight structure could lead to unchecked growth in VA personnel costs, with no guarantee that higher pay will translate into measurably better veteran outcomes. They contend that the existing cap serves as a fiscal guardrail, and that eliminating it without requiring the Secretary to report on waiver usage or demonstrate recruitment results removes congressional visibility into how the authority is being used and whether it is achieving its intended purpose.
Constitutional context
This bill involves federal personnel and appropriations authority. The Appropriations Clause (Art. I, §9, cl. 7) requires that federal spending be authorized by Congress; by removing the cap, Congress is expanding — rather than restricting — the Executive's discretionary authority over VA pay, which is consistent with congressional control over federal spending. No active constitutional tension is implicated.
Checks and balances
The Executive branch (specifically the VA Secretary) gains expanded discretionary authority to grant pay waivers; Congress retains oversight through appropriations and can reimpose limits through future legislation, but this bill removes a specific statutory check on the number of waivers the Secretary may issue.
Historical precedent
Congress has previously expanded VA pay flexibility through the VA Physician and Provider Pay Equity and Retention Act and related provisions in annual VA appropriations bills, reflecting a recurring legislative pattern of adjusting pay authority to address VA staffing shortfalls.