[House Report 117-618]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-618
======================================================================
VA EMPLOYEE FAIRNESS ACT OF 2021
_______
December 12, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Takano, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1948]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1948) to amend title 38, United States Code, to
modify authorities relating to the collective bargaining of
employees in the Veterans Health Administration, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
The Committee on Veterans' Affairs, to which was referred
the bill (H.R. 1948) to amend title 38, United States Code, to
modify authorities relating to the collective bargaining of
employees in the Veterans Health Administration, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Section-by-Section Description................................... 3
Congressional Budget Office Cost Estimate........................ 4
Committee Oversight Findings..................................... 5
Constitutional Authority Statement............................... 5
Earmark Statement................................................ 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Performance Goals................................................ 5
Supplemental, Additional, Dissenting, and Minority Views......... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Ramseyer Submission.............................................. 6
Purpose and Summary
This legislation would strengthen the labor rights of
health care providers at the Department of Veterans Affairs
(VA). The bill establishes parity by providing the same
collective bargaining rights for VA Title 38 health care
professionals that are currently afforded to federal
professionals covered by Title 5.
Background and Need for Legislation
The VA Employee Fairness Act would strengthen the
collective bargaining rights of health care providers who work
at VA facilities. Within VA, Title 38 clinicians work side-by-
side with psychologists, social workers, pharmacists, licensed
practical nurses, and other clinicians who currently have full
bargaining rights that are covered under Title 5 of U.S. Code.
Current law under Title 38 prevents these individuals from
raising grievances about issues such as professional training
and safe patient handling policies that undermine patient care.
The VA Employee Fairness Act removes this exemption for
Title 38 employees and grants frontline health care providers
full collective bargaining rights. This bill would bring parity
to the federal workforce by providing the same collective
bargaining rights for VA Title 38 health care professionals--
such as registered nurses, physicians, dentists, and physician
assistants--that are currently afforded to federal
professionals covered by Title 5, including those at VA.
Under the legislation, Title 38 health care professionals
would be provided the same collective bargaining rights to file
grievances over routine workplace issues, such as scheduling,
assignments, employee pay errors, and nurse locality pay that
are exercised every day by other VA clinicians and federal
employees. Guaranteeing Title 38 health care providers the same
bargaining rights as other providers will help improve
workplace conditions and ultimately benefit our nation's
veterans.
Hearings
On April 21, 2021, the Subcommittee on Oversight and
Investigations conducted a legislative hearing on various bills
introduced during the 117th Congress, including H.R. 1948. The
following witnesses testified: Mr. Jeffrey R. Mayo, Acting
Assistant Secretary, Human Resources and Administration/
Operations, Security, and Preparedness, U.S. Department of
Veterans Affairs; Mr. Hansel Cordeiro, Acting Assistant
Secretary, Office of Accountability and Whistleblower
Protection, U.S. Department of Veterans; Mr. Ed Murray,
Principal Deputy Assistant Secretary and Deputy Chief Financial
Officer, Office of Management, U.S. Department of Veterans
Affairs; Ms. Jessica Bonjorni, Chief, Human Capital Management,
Veterans Health Administration, U.S. Department of Veterans
Affairs; Mr. Christopher Wilber, Counsel to the Inspector
General, Office of the Inspector General, U.S. Department of
Veterans Affairs.
Subcommittee Consideration
H.R. 1948 was not considered before the Subcommittee on
Oversight and Investigations.
Committee Consideration
On May 4, 2021, the full Committee met in open session, a
quorum being present, to consider H.R. 1948. The measure was
agreed to by roll call vote. The Committee ordered that H.R.
1948 be favorably reported to the House of Representatives.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. The results of the record vote on an amendment or
motion to transmit, together with the names of those voting for
and against, are printed below.
Veterans' Affairs Committee record vote No. 1
Motion to favorably report H.R. 1948 to the House of
Representatives. Agreed to: 17-11. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Takano...................................... Aye Mr. Bost.......................... Nay
Ms. Brownley.................................... Aye Ms. Radewagen..................... ............
Mr. Lamb........................................ Aye Mr. Bergman....................... ............
Mr. Levin....................................... Aye Mr. Banks......................... Nay
Mr. Pappas...................................... Aye Mr. Roy........................... Nay
Ms. Luria....................................... Aye Mr. Murphy........................ Nay
Mr. Mrvan....................................... Aye Mr. Mann.......................... Nay
Mr. Sablan...................................... Aye Mr. Moore......................... Nay
Ms. Underwood................................... Aye Ms. Mace.......................... Nay
Mr. Allred...................................... Aye Mr. Cawthorn...................... Nay
Ms. Frankel..................................... Aye Mr. Nehls......................... Nay
Mr. Brown....................................... Aye Mr. Rosendale..................... Nay
Ms. Slotkin..................................... Aye Dr. Miller-Meeks.................. Nay
Mr. Trone....................................... Aye
Ms. Kaptur...................................... Aye
Dr. Ruiz........................................ Aye
Mr. Gallego..................................... Aye
----------------------------------------------------------------------------------------------------------------
Section-by-Section Description
Section 1: Short title
This Act may be cited as the ``VA Employee Fairness Act of
2022.''
Section 2: Modification of authorities on collective bargaining of
employees of the Veterans Health Administration
Allow collective bargaining rights for Title 38 employees
by amending Section 7422 of title 38, United States Code, by:
(1) striking subsections (b), (c), and (d); and
(2) redesignating subsection (e) as subsection (b).
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1948 provided by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974:
According to the Congressional Budget Office estimate, H.R.
1948 would expand the conditions of employment that are subject
to collective bargaining for certain employees of the Veterans
Health Administration (VHA). Under current law, the Secretary
of Veterans Affairs has broad authority to regulate the hours
and conditions of employment for physicians, dentists,
podiatrists, optometrists, chiropractors, registered nurses,
physician assistants, and dental assistants employed by VHA.
Those employees are prohibited from collectively bargaining
over matters pertaining to professional conduct or competence,
peer review, and compensation. The bill would remove those
restrictions. According to the Department of Veterans Affairs,
the bill would allow about 110,000 employees to collectively
bargain over forms of compensation such as awards, bonuses,
overtime, and special scheduling arrangements. Compensation for
VHA personnel is funded through annual appropriations; CBO
estimates that about $17 billion was provided in 2020 as
compensation for the employees identified above. Some economic
research indicates that that collective bargaining increases
compensation. On that basis, CBO expects that implementing H.R.
1948 could increase VHA's personnel costs through higher
bonuses, overtime pay, or special pay for employees in
specialties that are high in demand, for example. However, CBO
has no basis upon which to estimate the likelihood or potential
magnitude of those effects.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1948 would expand the conditions of employment that
are subject to collective bargaining for certain employees of
the Veterans Health Administration (VHA). Under current law,
the Secretary of Veterans Affairs has broad authority to
regulate the hours and conditions of employment for physicians,
dentists, podiatrists, optometrists, chiropractors, registered
nurses, physician assistants, and dental assistants employed by
VHA. Those employees are prohibited from collectively
bargaining over matters pertaining to professional conduct or
competence, peer review, and compensation. The bill would
remove those restrictions.
According to the Department of Veterans Affairs, the bill
would allow about 110,000 employees to collectively bargain
over forms of compensation such as awards, bonuses, overtime,
and special scheduling arrangements. Compensation for VHA
personnel is funded through annual appropriations; CBO
estimates that about $17 billion was provided in 2020 as
compensation for the employees identified above. Some economic
research indicates that that collective bargaining increases
compensation. On that basis, CBO expects that implementing H.R.
1948 could increase VHA's personnel costs through higher
bonuses, overtime pay, or special pay for employees in
specialties that are high in demand, for example. However, CBO
has no basis upon which to estimate the likelihood or potential
magnitude of those effects.
The CBO staff contact for this estimate is Etaf Khan. The
estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1948 is authorized by Congress' power to
``provide for the common Defense and general Welfare of the
United States.''
Earmark Statement
H.R. 1948 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1948, prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1948.
Performance Goals
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are to repeal provisions excluding any
matter or question concerning professional conduct or
competence; peer review; or the establishment, determination,
or adjustment of employee compensation from the applicability
of collective bargaining rights for Veterans Health
Administration employees.
Supplemental, Additional, Dissenting, and Minority Views
There were no supplemental views filed with this report.
Applicability to Legislative Branch
The Committee finds that H.R. 1948 does not relate to the
terms and condition of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1948 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Ramseyer Submission
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
* * * * * * *
CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
* * * * * * *
SUBCHAPTER II--COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
* * * * * * *
Sec. 7422. Collective bargaining
(a) Except as otherwise specifically provided in this title,
the authority of the Secretary to prescribe regulations under
section 7421 of this title is subject to the right of Federal
employees to engage in collective bargaining with respect to
conditions of employment through representatives chosen by them
in accordance with chapter 71 of title 5 (relating to labor-
management relations).
[(b) Such collective bargaining (and any grievance procedures
provided under a collective bargaining agreement) in the case
of employees described in section 7421(b) of this title may not
cover, or have any applicability to, any matter or question
concerning or arising out of (1) professional conduct or
competence, (2) peer review, or (3) the establishment,
determination, or adjustment of employee compensation under
this title.
[(c) For purposes of this section, the term ``professional
conduct or competence'' means any of the following:
[(1) Direct patient care.
[(2) Clinical competence.
[(d) An issue of whether a matter or question concerns or
arises out of (1) professional conduct or competence, (2) peer
review, or (3) the establishment, determination, or adjustment
of employee compensation under this title shall be decided by
the Secretary and is not itself subject to collective
bargaining and may not be reviewed by any other agency.]
[(e)] (b) A petition for judicial review or petition for
enforcement under section 7123 of title 5 in any case involving
employees described in section 7421(b) of this title or arising
out of the applicability of chapter 71 of title 5 to employees
in those positions, shall be taken only in the United States
Court of Appeals for the District of Columbia Circuit.
* * * * * * *
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