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115th Congress } { Rept. 115-825
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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VETERANS TRANSITION IMPROVEMENT ACT
_______
July 16, 2018.--Ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 2648]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 2648) to amend title 38, United
States Code, to ensure that the requirements that new Federal
employees who are veterans with service-connected disabilities
are provided leave for purposes of undergoing medical treatment
for such disabilities apply to certain employees of the
Veterans Health Administration, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 2
Background and Need for Legislation.............................. 2
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 3
Statement of General Performance Goals and Objectives............ 3
Legislative History.............................................. 3
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Explanation of Amendments........................................ 4
Application of Law to the Legislative Branch..................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Correspondence................................................... 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Transition Improvement Act''.
SEC. 2. DISABLED VETERAN LEAVE FOR HEALTH-CARE PROFESSIONALS IN
VETERANS HEALTH ADMINISTRATION.
(a) In General.--Section 6329(d)(1) of title 5, United States Code,
is amended to read as follows:
``(1) the term `employee' has the meaning given such term in
section 2105, and includes--
``(A) an officer or employee of the United States
Postal Service or the Postal Regulatory Commission; and
``(B) notwithstanding subsection (a) of section 7421
of title 38, an individual occupying a position listed
in subsection (b) of such section;''.
(b) Applicability.--With respect to a position listed in section
7421(b) of title 38, United States Code, the amendment made by
subsection (a) shall apply to any individual appointed to such a
position on or after the date of enactment of this Act.
Summary and Purpose of Legislation
The Veterans Transition Improvement Act provides additional
sick leave for veterans with service-connected disabilities
hired by the Department of Veterans Affairs.
Background and Need for Legislation
In fiscal year 2016, the federal government employed
635,556 veterans, which constituted over 31 percent of the
total federal civilian workforce.\1\ That same year, the
executive branch hired over 71,000 veterans, which comprised 31
percent of all new hires.\2\ Nearly 22,000 veterans were hired
with a service-connected disability rated at 30 percent or
more.\3\ The Department of Veterans Affairs alone hired 5,564
veterans with a service-connected disability rated at 30
percent or more.\4\
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\1\Office of Personnel Mgm't, Employment of Veterans in the Federal
Executive Branch Fiscal Year 2016 at 2 (2017).
\2\Id. at 12.
\3\Id.
\4\Id. at 16.
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In 2015, Congress enacted the Wounded Warrior Federal Leave
Act to help disabled veterans transitioning to civilian
service.\5\ As the committee report accompanying the law
stated:
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\5\Pub. L. 114-75 (2015).
[F]ull-time federal workers accrue four hours of sick
leave each full biweekly pay period, totaling 13 days
of sick leave per year. Since federal workers begin
with a zero sick leave balance, disabled veterans
beginning civilian jobs often have insufficient leave
to receive necessary medical treatment for post-
traumatic stress disorder, severe physical injuries,
and other service-connected disabilities.\6\
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\6\H. Comm. on Oversight & Gov't Reform, Wounded Warriors Federal
Leave Act of 2015 2, 114th Cong. (2015) (H. Rep. 114-180).
The Wounded Warrior Federal Leave Act allowed up to 104
hours (13 days) of immediate paid sick leave for veterans hired
by federal agencies with service-connected conditions rated as
30 percent or more disabled.\7\ This sick leave is for
attending medical treatment related to the service-connected
disability and must be used within 12 months of beginning
employment.\8\
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\7\5 U.S.C. 6329.
\8\Id.
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The Secretary of the Department of Veterans Affairs (VA)
has authority under current law to prescribe the ``hours and
conditions of employment and leaves of absence'' of eight
medical occupations.\9\ Generally speaking, this means the
Secretary may choose which government-wide personnel rules from
title 5 of the United States Code apply to these occupations,
and the Secretary may alter the rules as necessary unless
explicitly prohibited from doing so in statute.\10\
Notwithstanding this authority, in July of 2017, the Secretary
extended paid sick leave to veterans in these medical positions
consistent with the Wounded Warrior Federal Leave Act.\11\
Because the law does not explicitly address medical occupations
the provision is discretionary and subject to change by the
Secretary. H.R. 2648 establishes in law the additional leave
provided to veterans who convert to federal civilian service in
the eight medical occupations at the VA and have service-
connected disabilities rated at 30 percent or more.
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\9\38 U.S.C. 7421.
\10\See e.g. 5 U.S.C. 2105(f)--``For purposes of sections 1212,
1213, 1214, 1215, 1216, 1221, 1222, 2302, and 7701, employees appointed
under chapter 73 or 74 of title 38 shall be employees.'' This
subsection requires government-wide personnel rules relating to
whistleblowers, prohibited personnel practices, Merit Systems
Protection Board appellate coverage, and the like to apply to
Department of Veterans Affairs employees hired under title 38
authority, and the Secretary of the Department has no legal authority
to alter application of the listed provisions.
\11\Dep't of Veterans Affairs, VA Handbook 5011/29 Transmittal
Sheet 7 (July 5, 2017).
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Statement of Oversight Findings and Recommendations of the Committee
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 previous section.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to ensure newemployees of the
Veterans Health Administration who are veterans with service-connected
disabilities are provided leave for purposes of undergoing medical
treatment for such disabilities.
Legislative History
On May 24, 2017, Representative Steve Stivers (R-OH)
introduced H.R. 2648, the Veterans Transition Improvement Act,
with Representative Mark Takano (D-CA). H.R. 2648 was referred
to the Committee on Veterans' Affairs, with an additional
referral to the Committee on Oversight and Government Reform.
The Committee on Oversight and Government Reform considered
H.R. 2648 at a business meeting on May 23, 2018 and ordered the
bill, as amended, favorably reported by voice vote.
Senator Mazie Hirono (D-HI) introduced S. 899, the Senate
companion to H.R. 2648, on April 7, 2017, which was referred to
the Senate Committee on Veterans' Affairs. On March 20, 2018,
the Senate Committee on Veterans' Affairs was discharged with
consideration of the bill and it passed the Senate by unanimous
consent. The bill was received in the House and referred to the
Committee on Veterans' Affairs, with an additional referral to
the Committee on Oversight and Government Reform, the following
day.
Committee Consideration
On May 23, 2018, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported, as amended, by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 2648.
Explanation of Amendments
During Committee consideration of the bill, Representative
Steve Russell (R-OK), offered an amendment in the nature of a
substitute to change the title amended by the bill from title
38 (the Department of Veterans Affairs personnel authority) to
title 5 (the Wounded Warrior Federal Leave Act), United States
Code.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill ensures new employees of the Veterans Health
Administration who are veterans with service-connected
disabilities are provided leave for purposes of undergoing
medical treatment for such disabilities. As such, this bill
does not relate to employment or access to public services and
accommodations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill 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.
Disclosure of Directed Rule Makings
This bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act
The Committee finds the legislation does not establish or
authorize the establishment of an advisory committee within the
definition of Section 5(b) of the appendix to title 5, United
States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2018.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2648, the Veterans
Transition Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ann E.
Futrell.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 2648--Veterans Transition Improvement Act
H.R. 2648 would apply a federal leave policy for veterans
with disabilities to medical personnel at the Department of
Veterans Affairs (VA) who are also disabled veterans. Under
that policy, which is specified in title V of the U.S. Code,
veterans with a disability rated at 30 percent or greater who
are newly hired by certain federal agencies are entitled to
extra medical leave to treat such conditions, without loss or
reduction in their pay.
According to VA, the bill would codify in law its current
policies for medical personnel, which is to provide medical
leave benefits for disabled veterans that are consistent with
the provisions of title V. As a result, CBO estimates that
implementing H.R. 2648 would have no effect on the department's
personnel policies for medical employees or on federal spending
for the compensation and benefits of those employees. CBO
estimates that implementing H.R. 2648 would cost less than
$500,000 over the 2019-2023 period to prepare regulations; that
spending would be subject to the availability of appropriated
funds.
Enacting H.R. 2648 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 2648 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 2648 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Ann E. Futrell.
The estimate was reviewed by Theresa Gullo, Assistant Director
for Budget Analysis.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of the bill.
Sec. 2. Disabled veteran leave for health-care professionals in
Veterans Health Administration
Section 2 amends section 6329 of title 5, United States
Code, to extend coverage under the Wounded Warrior Federal
Leave Act to Department of Veterans Affairs employees hired
into eight medical occupations.
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 italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART E--ATTENDANCE AND LEAVE
* * * * * * *
CHAPTER 63--LEAVE
* * * * * * *
SUBCHAPTER II--OTHER PAID LEAVE
* * * * * * *
Sec. 6329. Disabled veteran leave
(a) During the 12-month period beginning on the first day of
employment, any employee who is a veteran with a service-
connected disability rated at 30 percent or more is entitled to
leave, without loss or reduction in pay, for purposes of
undergoing medical treatment for such disability for which sick
leave could regularly be used.
(b)(1) The leave credited to an employee under subsection (a)
may not exceed 104 hours.
(2) Any leave credited to an employee pursuant to subsection
(a) that is not used during the 12-month period described in
such subsection may not be carried over and shall be forfeited.
(c) In order to verify that leave credited to an employee
pursuant to subsection (a) is used for treating a service-
connected disability, such employee shall submit to the head of
the employing agency certification, in such form and manner as
the Director of the Office of Personnel Management may
prescribe, that such employee used such leave for purposes of
being furnished treatment for such disability by a health care
provider.
(d) In this section--
[(1) the term ``employee'' has the meaning given such
term in section 2105, and includes an officer or
employee of the United States Postal Service or of the
Postal Regulatory Commission;]
(1) the term ``employee'' has the meaning given such
term in section 2105, and includes--
(A) an officer or employee of the United
States Postal Service or the Postal Regulatory
Commission; and
(B) notwithstanding subsection (a) of section
7421 of title 38, an individual occupying a
position listed in subsection (b) of such
section;
(2) the term ``service-connected'' has the meaning
given such term in section 101(16) of title 38; and
(3) the term ``veteran'' has the meaning given such
term in section 101(2) of such title.
* * * * * * *
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