[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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