How HR 3261 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill removes specific provisions related to collective bargaining for employees in the Veterans Health Administration, thus broadening the scope for such bargaining.

• 38 U.S.C. § 7422

  (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.

  This change allows collective bargaining to cover more issues related to the employees described in section 7421(b).

• 38 U.S.C. § 7422

  (c) For purposes of this section, the term “professional conduct or competence” means any of the following: (1) Direct patient care. (2) Clinical competence.

  This removal means 'professional conduct or competence' no longer has a specified definition in this section, potentially expanding discussions in collective bargaining.

• 38 U.S.C. § 7422

  (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.

  This change removes the Secretary's exclusive authority to decide disputes related to professional conduct, peer review, and compensation determined outside of collective bargaining.