79–006 

115TH CONGRESS REPT. 115–825 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

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 


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1Office 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. 5Pub. L. 114–75 (2015). 

6 H. Comm. on Oversight & Gov’t Reform, Wounded Warriors Federal Leave Act of 2015 2, 

114th Cong. (2015) (H. Rep. 114–180). 7 5 U.S.C. 6329. 

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

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: 

[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

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 


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8 Id. 9 38 U.S.C. 7421. 

10See 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. 11Dep’t of Veterans Affairs, VA Handbook 5011/29 Transmittal Sheet 7 (July 5, 2017). 

treatment related to the service-connected disability and must be 

used within 12 months of beginning employment.8

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. 

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 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. 

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 


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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. 


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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 


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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 

* * * * * * * 


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§ 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— 

ø(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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