Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1068 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1068
55 To amend title 5 and title 38, United States Code, to put veteran and
66 military families first and to provide protections for employees, benefits,
77 and programs of the Department of Veterans Affairs, and for other
88 purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 MARCH13, 2025
1111 Mr. B
1212 LUMENTHAL(for himself, Mr. SANDERS, Ms. DUCKWORTH, Mrs. GILLI-
1313 BRAND, Mr. GALLEGO, Mr. KAINE, Ms. ROSEN, Ms. CORTEZMASTO, Mr.
1414 S
1515 CHIFF, Mr. MERKLEY, Ms. KLOBUCHAR, Mr. PADILLA, Ms. HIRONO,
1616 Mr. K
1717 ELLY, Mr. BOOKER, Mr. HEINRICH, Mr. WHITEHOUSE, Mr.
1818 L
1919 UJA´N, Mr. HICKENLOOPER, Mr. WYDEN, and Mr. VANHOLLEN) intro-
2020 duced the following bill; which was read twice and referred to the Com-
2121 mittee on Veterans’ Affairs
2222 A BILL
2323 To amend title 5 and title 38, United States Code, to put
2424 veteran and military families first and to provide protec-
2525 tions for employees, benefits, and programs of the De-
2626 partment of Veterans Affairs, and for other purposes.
2727 Be it enacted by the Senate and House of Representa-1
2828 tives of the United States of America in Congress assembled, 2
2929 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
3030 (a) S
3131 HORTTITLE.—This Act may be cited as the 4
3232 ‘‘Putting Veterans First Act of 2025’’. 5
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3636 (b) TABLE OFCONTENTS.—The table of contents for 1
3737 this Act is as follows: 2
3838 Sec. 1. Short title; table of contents.
3939 Sec. 2. Definitions.
4040 TITLE I—PUTTING VETERAN AND MILITARY FAMILIES FIRST
4141 Sec. 101. Reinstatement of members of the military community who were Fed-
4242 eral employees.
4343 Sec. 102. Protection for members of the military community who were Federal
4444 employees.
4545 Sec. 103. Report on members of the military community in the civil service.
4646 Sec. 104. Comptroller General report on military community employment.
4747 TITLE II—DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
4848 Subtitle A—Protections
4949 Sec. 201. Limitations on hiring freezes at Department of Veterans Affairs.
5050 Sec. 202. Limitations on closing offices at Department of Veterans Affairs.
5151 Sec. 203. Limitations on changes to telework and remote work at Department
5252 of Veterans Affairs.
5353 Sec. 204. Limitations on changes to final job offers at Department of Veterans
5454 Affairs.
5555 Subtitle B—Reporting
5656 Sec. 205. Notice and justification required before reduction in force at Depart-
5757 ment of Veterans Affairs.
5858 Sec. 206. Department of Veterans Affairs personnel reporting.
5959 Sec. 207. Department of Veterans Affairs research personnel reporting.
6060 Sec. 208. Prohibition on individuals serving as Secretary of Veterans Affairs
6161 from also serving as heads of other Federal agencies.
6262 Sec. 209. Office of Special Counsel.
6363 Sec. 210. Office of Government Ethics.
6464 Subtitle C—Restoring Accountability and Services
6565 Sec. 211. Report on effects of removing essential programs, offices, and services
6666 from Department of Veterans Affairs.
6767 Sec. 212. Restoring Department of Veterans Affairs programs, offices, and
6868 services affected since the beginning of the second Trump Ad-
6969 ministration.
7070 TITLE III—PROTECTIONS FOR CIVIL SERVANTS
7171 Sec. 301. Nominations to Merit Systems Protection Board.
7272 Sec. 302. Modifications to appeal rights for probationary employees.
7373 Sec. 303. Authority to retract offers and contracts relating to deferred resigna-
7474 tions.
7575 Sec. 304. Limitation on changes to competitive service categories of positions.
7676 TITLE IV—MENTAL HEALTH CARE FOR CIVIL SERVANTS
7777 Sec. 401. Mental health services.
7878 Sec. 402. Mental health services for current civil servants.
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8282 TITLE V—EMPLOYMENT ASSISTANCE FOR CIVIL SERVANTS
8383 Sec. 501. Employment assistance.
8484 Sec. 502. Office of Personnel Management and the Department of Labor work
8585 on employment opportunities for members of the military com-
8686 munity.
8787 TITLE VI—DEPARTMENT OF GOVERNMENT EFFICIENCY
8888 Sec. 601. Limitation on access to veteran and department information, systems,
8989 and data.
9090 Sec. 602. Limitation on application of certain Executive Orders relating to De-
9191 partment of Government Efficiency at Department of Veterans
9292 Affairs.
9393 Sec. 603. Report on compliance with limitation on access to veteran and De-
9494 partment of Veterans Affairs information, systems, and data
9595 and Inspector General review.
9696 TITLE VII—FINANCIAL NEEDS OF THE DEPARTMENT OF
9797 VETERANS AFFAIRS
9898 Sec. 701. Definition; rule of construction.
9999 Sec. 702. Report on financial effect of the Department of Government Effi-
100100 ciency on the Department of Veterans Affairs.
101101 Sec. 703. Reinstatement of contracts and review of mass contract cancellations.
102102 Sec. 704. Limitations on mass contract cancellations.
103103 Sec. 705. Charge card program of the Department of Veterans Affairs.
104104 TITLE VIII—REPORTING REQUIREMENTS
105105 Sec. 801. Requirement for Veterans Benefits Administration Monday Morning
106106 Workload Report.
107107 Sec. 802. Improvements regarding periodic publication of metrics relating to
108108 processing of appeals.
109109 Sec. 803. Publication of wait times for community care from Department of
110110 Veterans Affairs.
111111 Sec. 804. Period for Secretary of Veterans Affairs to respond to questions sub-
112112 mitted by members of certain congressional committees.
113113 SEC. 2. DEFINITIONS.
114114 1
115115 In this Act: 2
116116 (1) A
117117 GENCY.—The term ‘‘agency’’ has the 3
118118 meaning given that term in section 3330d of title 5, 4
119119 United States Code. 5
120120 (2) C
121121 AREGIVER.—The term ‘‘caregiver’’ means 6
122122 an adult family member or other individual who has 7
123123 a significant relationship with, and who provides a 8
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127127 broad range of assistance to, a wounded, ill, injured, 1
128128 or disabled member of the Armed Forces or veteran 2
129129 or a dependent of such a member or veteran with a 3
130130 chronic or other health condition, disability, or func-4
131131 tional limitation. 5
132132 (3) C
133133 IVIL SERVICE.—The term ‘‘civil service’’ 6
134134 has the meaning given that term in section 2101 of 7
135135 title 5, United States Code. 8
136136 (4) D
137137 EMOTION.—The term ‘‘demotion’’ means 9
138138 a reduction in grade (as defined in section 7511(a) 10
139139 of title 5, United States Code). 11
140140 (5) M
141141 EMBER OF THE ARMED FORCES .—The 12
142142 term ‘‘member of the armed forces’’ has the mean-13
143143 ing given that term in 315.612(b)(4) of title 5, Code 14
144144 of Federal Regulations, or any successor thereto. 15
145145 (6) M
146146 ILITARY SPOUSE.—The term ‘‘military 16
147147 spouse’’ means— 17
148148 (A) the husband or wife of a member of 18
149149 the armed forces; 19
150150 (B) the husband or wife of a retired, to-20
151151 tally disabled, or separated member of the 21
152152 armed forces; or 22
153153 (C) the widow or widower of a member of 23
154154 the armed forces killed while performing active 24
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158158 duty or who died from a service-connected in-1
159159 jury or illness. 2
160160 (7) R
161161 EMOVAL.—The term ‘‘removal’’ means re-3
162162 moving an individual from the civil service. 4
163163 (8) R
164164 ESERVE COMPONENT .—The term ‘‘reserve 5
165165 component’’ has the meaning given that term in sec-6
166166 tion 101 of title 38, United States Code. 7
167167 (9) S
168168 USPENSION.—The term ‘‘suspension’’ 8
169169 means the placing an individual in a temporary sta-9
170170 tus without duties and pay for a period of longer 10
171171 than 7 days. 11
172172 (10) S
173173 URVIVOR.—The term ‘‘survivor’’ means a 12
174174 family member of a member of the armed forces or 13
175175 veteran who died while on active duty or after mili-14
176176 tary retirement or of a service-connected injury or 15
177177 illness. 16
178178 (11) V
179179 ETERAN.— 17
180180 (A) I
181181 N GENERAL.—Except as provided in 18
182182 subparagraph (B), the term ‘‘veteran’’ means a 19
183183 person who served on active duty as a member 20
184184 of the armed forces, regardless of length of 21
185185 service, and who was discharged or released 22
186186 therefrom. 23
187187 (B) E
188188 XCLUSIONS.—The term ‘‘veteran’’ 24
189189 does not include a person who— 25
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193193 (i) received a dishonorable discharge 1
194194 from the Armed Forces; or 2
195195 (ii) was discharged or dismissed from 3
196196 the Armed Forces by reason of the sen-4
197197 tence of a general court-martial. 5
198198 TITLE I—PUTTING VETERAN 6
199199 AND MILITARY FAMILIES FIRST 7
200200 SEC. 101. REINSTATEMENT OF MEMBERS OF THE MILITARY 8
201201 COMMUNITY WHO WERE FEDERAL EMPLOY-9
202202 EES. 10
203203 (a) I
204204 NGENERAL.—Any removal, demotion, or sus-11
205205 pension of a veteran, military spouse, caregiver, survivor, 12
206206 or member of a reserve component who was serving in a 13
207207 position in the civil service that occurred during the period 14
208208 beginning on January 20, 2025, and ending on the date 15
209209 of enactment of this Act shall have no force or effect. 16
210210 (b) B
211211 ACKPAY ANDRESUMPTION OF BENEFITS.— 17
212212 Any person whose removal, demotion, or suspension is ren-18
213213 dered without force or effect under subsection (a) shall— 19
214214 (1) receive back pay for any pay not received by 20
215215 the person during the period beginning on the date 21
216216 of the removal, suspension, or demotion and ending 22
217217 on the date of enactment of this Act; and 23
218218 (2) have benefits restored, retroactive to the 24
219219 date of the removal, demotion, or suspension. 25
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223223 (c) ELECTIONTORESIGN.—At the election of a per-1
224224 son whose removal, demotion, or suspension is rendered 2
225225 without force or effect under subsection (a), at any time 3
226226 after the date of enactment of this Act, the person may 4
227227 resign from the position of the person in the civil service, 5
228228 which shall not affect the obligation to provide back pay 6
229229 or the resumption of benefits with respect to the period 7
230230 beginning on the date of the removal, demotion, or suspen-8
231231 sion and ending on the date of enactment of this Act. 9
232232 SEC. 102. PROTECTION FOR MEMBERS OF THE MILITARY 10
233233 COMMUNITY WHO WERE FEDERAL EMPLOY-11
234234 EES. 12
235235 (a) I
236236 NGENERAL.—Any veteran, military spouse, 13
237237 caregiver, survivor, or member of a reserve component who 14
238238 is in a position in the civil service may not be removed, 15
239239 demoted, or suspended— 16
240240 (1) as a part of a group of more than 5 persons 17
241241 who are being removed, demoted, or suspended on 18
242242 the same day by the agency employing the persons; 19
243243 (2) without providing a notification to the di-20
244244 rect supervisor of the veteran, military spouse, care-21
245245 giver, survivor, or member of a reserve component 22
246246 not less than 10 business days before the removal, 23
247247 demotion, or suspension, unless the supervisor ad-24
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251251 vises or approves the removal, demotion, or suspen-1
252252 sion; 2
253253 (3) on the basis of performance, unless the vet-3
254254 eran, military spouse, caregiver, survivor, or member 4
255255 of a reserve component has received at least 1 per-5
256256 formance rating at or below level 2 or minimally sat-6
257257 isfactory (or a similar equivalent level) during the 1- 7
258258 year period ending on the date of the removal, demo-8
259259 tion, or suspension; or 9
260260 (4) if the removal, demotion, or suspension 10
261261 would result in a greater than 50 percent vacancy 11
262262 rate for the office or position of the veteran, military 12
263263 spouse, caregiver, survivor, or member of a reserve 13
264264 component or a significant reduction or elimination 14
265265 of the duties being carried out by the veteran, mili-15
266266 tary spouse, caregiver, survivor, or member of a re-16
267267 serve component, without approval by the direct su-17
268268 pervisor of the veteran, military spouse, caregiver, 18
269269 survivor, or member of a reserve component. 19
270270 (b) R
271271 EVIEW.—Not later than 10 days after the date 20
272272 of the removal, demotion, or suspension of any veteran, 21
273273 military spouse, caregiver, survivor, or member of a re-22
274274 serve component in a position the civil service, the re-23
275275 moval, demotion, or suspension shall be referred to the 24
276276 Merit Systems Protection Board or the Office of Special 25
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280280 Counsel, unless the individual agrees to waive the right 1
281281 to such a referral. 2
282282 SEC. 103. REPORT ON MEMBERS OF THE MILITARY COMMU-3
283283 NITY IN THE CIVIL SERVICE. 4
284284 Not later than 90 days after the date of enactment 5
285285 of this Act, and not later than 90 days after the end of 6
286286 each fiscal year thereafter, each agency shall submit to 7
287287 the Committee on Veterans’ Affairs, the Committee on 8
288288 Armed Services, the Committee on Appropriations, and 9
289289 the Committee on Homeland Security and Governmental 10
290290 Affairs of the Senate and the Committee on Veterans’ Af-11
291291 fairs, the Committee on Armed Services, the Committee 12
292292 on Appropriations, and the Committee on Homeland Secu-13
293293 rity of the House of Representatives the following informa-14
294294 tion: 15
295295 (1) The number of veterans, military spouses, 16
296296 caregivers, survivors, and members of a reserve com-17
297297 ponent who, during the prior fiscal year— 18
298298 (A) were hired by the agency, 19
299299 disaggregated by those who were serving at a 20
300300 different agency immediately before being hired 21
301301 by the agency and those hired from outside the 22
302302 Federal Government; 23
303303 (B) separated from service with the agen-24
304304 cy, disaggregated by those who were hired by 25
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308308 another agency and those who were not hired 1
309309 by another agency; or 2
310310 (C) were removed by the agency. 3
311311 (2) The number of veterans, military spouses, 4
312312 caregivers, survivors, and members of a reserve com-5
313313 ponent who, as of the end of the prior fiscal year, 6
314314 were employed by the agency. 7
315315 (3) Data regarding any directed efforts or in-8
316316 centives utilized to recruit or retain veterans, mili-9
317317 tary spouses, caregivers, survivors, and members of 10
318318 a reserve component during the prior fiscal year. 11
319319 (4) For the second report under this section, 12
320320 and each report thereafter, data on changes to the 13
321321 number of veterans, military spouses, caregivers, 14
322322 survivors, or members of a reserve component hired 15
323323 by, separated from, or were employed by the agency, 16
324324 as compared to the most recent report. 17
325325 SEC. 104. COMPTROLLER GENERAL REPORT ON MILITARY 18
326326 COMMUNITY EMPLOYMENT. 19
327327 Not later than April 1, 2027, the Comptroller Gen-20
328328 eral of the United States shall submit to the Committee 21
329329 on Veterans’ Affairs, the Committee on Appropriations, 22
330330 the Committee on Armed Services, and the Committee on 23
331331 Homeland Security and Governmental Affairs of the Sen-24
332332 ate and the Committee on Veterans’ Affairs, the Com-25
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336336 mittee on Appropriations, the Committee on Armed Serv-1
337337 ices, and the Committee on Homeland Security of the 2
338338 House of Representatives and publicly issue a report re-3
339339 garding employment of military community members by 4
340340 the Federal Government, which shall— 5
341341 (1) include a review of employment of veterans, 6
342342 military spouses, caregivers, survivors, and members 7
343343 of a reserve component by the Federal Government 8
344344 during fiscal years 2024 and 2025; 9
345345 (2) review the period of service in positions in 10
346346 the civil service by veterans, military spouses, care-11
347347 givers, survivors, and members of a reserve compo-12
348348 nent and the rate of removal, suspension, or demo-13
349349 tion of veterans, military spouses, caregivers, sur-14
350350 vivors, and members of a reserve component from 15
351351 positions in the civil service, as compared to other 16
352352 individuals in positions in the civil service; and 17
353353 (3) describe any changes in employment of vet-18
354354 erans, military spouses, caregivers, survivors, and 19
355355 members of a reserve component across agencies be-20
356356 tween the end of fiscal year 2024 and the end of fis-21
357357 cal year 2025. 22
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361361 TITLE II—DEPARTMENT OF 1
362362 VETERANS AFFAIRS EMPLOYEES 2
363363 Subtitle A—Protections 3
364364 SEC. 201. LIMITATIONS ON HIRING FREEZES AT DEPART-4
365365 MENT OF VETERANS AFFAIRS. 5
366366 (a) L
367367 IMITATION.—Neither a position nor an employee 6
368368 at the Department of Veterans Affairs may be subject to 7
369369 a hiring freeze, hiring prohibition, or similar policy— 8
370370 (1) unless the Secretary determines that un-9
371371 filled positions or lack of staff subject to such a 10
372372 freeze will not result in increased costs to the De-11
373373 partment; and 12
374374 (2) until the date that is 90 days after the date 13
375375 that the Secretary of Veterans Affairs submits a re-14
376376 port regarding the hiring freeze pursuant to sub-15
377377 section (b). 16
378378 (b) R
379379 EPORT.—Before issuing any hiring freeze, hir-17
380380 ing prohibition, or similar policy, the Secretary of Vet-18
381381 erans Affairs shall submit to the Committee on Veterans’ 19
382382 Affairs of the Senate and the Committee on Veterans’ Af-20
383383 fairs of the House of Representatives a report on the hir-21
384384 ing strategy of the Secretary and budgetary proof that 22
385385 such a freeze, hiring prohibition, or similar policy will not 23
386386 cause increased costs to the Department. 24
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390390 SEC. 202. LIMITATIONS ON CLOSING OFFICES AT DEPART-1
391391 MENT OF VETERANS AFFAIRS. 2
392392 (a) P
393393 ROHIBITION.—The Secretary of Veterans Af-3
394394 fairs may not remove, close, or realign any office or pro-4
395395 gram of the Department of Veterans Affairs except pursu-5
396396 ant to a provision of law that specifically authorizes such 6
397397 removal, closure, or realignment. 7
398398 (b) N
399399 OTIFICATIONREQUIRED.—Whenever the Sec-8
400400 retary removes, closes, or realigns an office or program 9
401401 of the Department, the Secretary shall, not later than 1 10
402402 year before the date on which the Secretary commences 11
403403 such removal, closure, or realignment, submit to the Com-12
404404 mittee on Veterans’ Affairs of the Senate and the Com-13
405405 mittee on Veterans’ Affairs of the House of Representa-14
406406 tives notice of the intent of the Secretary to carry out such 15
407407 removal, closure, or realignment. 16
408408 (c) A
409409 SSISTANCE FORDISPLACEDEMPLOYEES.—In 17
410410 any case in which an employee of the Department is dis-18
411411 placed by the removal, closure, or realignment of an office 19
412412 or program of the Department, the Secretary shall make 20
413413 a significant effort to find another employment oppor-21
414414 tunity for the employee within the Department. 22
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418418 SEC. 203. LIMITATIONS ON CHANGES TO TELEWORK AND 1
419419 REMOTE WORK AT DEPARTMENT OF VET-2
420420 ERANS AFFAIRS. 3
421421 (a) N
422422 OTICEREQUIRED.—The Secretary of Veterans 4
423423 Affairs may not take any action to change to a telework 5
424424 or remote work policy of the Department of Veterans Af-6
425425 fairs until after the date that is 1 year after the date on 7
426426 which the Secretary— 8
427427 (1) submits to the Committee on Veterans’ Af-9
428428 fairs of the Senate and the Committee on Veterans’ 10
429429 Affairs of the House of Representatives notice of the 11
430430 intent of the Secretary to take such action or make 12
431431 such change; and 13
432432 (2) transmits notice of such intent to the fol-14
433433 lowing: 15
434434 (A) Labor organizations that represent em-16
435435 ployees of the Department. 17
436436 (B) The employees of the Department who 18
437437 would be affected by such action or change. 19
438438 (b) E
439439 NFORCEMENT.—A violation of subsection (a) 20
440440 against an employee of the Department of Veterans Af-21
441441 fairs shall be treated, under section 505 of the Rehabilita-22
442442 tion Act of 1973 (29 U.S.C. 794a), as a violation of sec-23
443443 tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 24
444444 791) against an aggrieved employee described in sub-25
445445 section (a) of that section. 26
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449449 SEC. 204. LIMITATIONS ON CHANGES TO FINAL JOB OF-1
450450 FERS AT DEPARTMENT OF VETERANS AF-2
451451 FAIRS. 3
452452 (a) L
453453 IMITATIONS.—The Secretary of Veterans Af-4
454454 fairs may not rescind or make any change to a final offer 5
455455 of employment with the Department of Veterans Affairs 6
456456 for any reason that is not directly related to an action 7
457457 or quality of the individual to whom the offer of employ-8
458458 ment was extended. 9
459459 (b) R
460460 EMEDIES.—A rescission or change made in vio-10
461461 lation of subsection (a) may be appealed to the Merit Sys-11
462462 tems Protection Board in accordance with the procedures 12
463463 under section 7701 of title 5, United States Code. 13
464464 Subtitle B—Reporting 14
465465 SEC. 205. NOTICE AND JUSTIFICATION REQUIRED BEFORE 15
466466 REDUCTION IN FORCE AT DEPARTMENT OF 16
467467 VETERANS AFFAIRS. 17
468468 (a) I
469469 NGENERAL.—Not later than 180 days before 18
470470 commencing any effort to carry out a reduction in force, 19
471471 or similar action under a different name, at the Depart-20
472472 ment of Veterans Affairs, the Secretary of Veterans Af-21
473473 fairs shall submit a justification for the reduction in force 22
474474 or similar action to the following: 23
475475 (1) The Committee on Veterans’ Affairs and 24
476476 the Committee on Appropriations of the Senate. 25
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480480 (2) The Committee on Veterans’ Affairs and 1
481481 the Committee on Appropriations of the House of 2
482482 Representatives. 3
483483 (3) The labor organizations that represent em-4
484484 ployees of the Department. 5
485485 (4) Each employee of the Department who will 6
486486 be affected by the reduction in force or similar ac-7
487487 tion. 8
488488 (b) C
489489 ONTENTS.—Each justification submitted pursu-9
490490 ant to subsection (a) for a reduction in force or similar 10
491491 action shall include the following: 11
492492 (1) For each employee or position that will be 12
493493 terminated pursuant to the reduction in force or 13
494494 similar action, the following: 14
495495 (A) Documentation and analysis used to 15
496496 determine that the termination will not reduce 16
497497 or negatively affect delivery of care or benefits 17
498498 for veterans. 18
499499 (B) Documentation and analysis used to 19
500500 determine that the termination will not cost the 20
501501 Department or the Federal Government more 21
502502 than if the Department were to retain the posi-22
503503 tion or employee. 23
504504 (C) Cost estimate, strategic plan, analysis, 24
505505 and any other relevant information or docu-25
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509509 mentation the Secretary used to determine the 1
510510 need to terminate the employee or position. 2
511511 (2) The planned timeline for the reduction in 3
512512 force or similar action and the methodology the Sec-4
513513 retary will use to track the actual effects of the re-5
514514 duction in force or similar action. 6
515515 (3) Options for changing the plans of the Sec-7
516516 retary and a strategy should an unexpected negative 8
517517 impact to veterans occur from the planned actions. 9
518518 SEC. 206. DEPARTMENT OF VETERANS AFFAIRS PER-10
519519 SONNEL REPORTING. 11
520520 (a) I
521521 NGENERAL.—Section 505 of the John S. 12
522522 McCain III, Daniel K. Akaka, and Samuel R. Johnson VA 13
523523 Maintaining Internal Systems and Strengthening Inte-14
524524 grated Outside Networks Act of 2018 (Public Law 115– 15
525525 182; 38 U.S.C. 301 note) is amended— 16
526526 (1) in subsection (a)— 17
527527 (A) in paragraph (1)— 18
528528 (i) in the matter before subparagraph 19
529529 (A), by striking ‘‘information,’’ and all 20
530530 that follows through ‘‘facility:’’ and insert-21
531531 ing ‘‘information:’’; 22
532532 (ii) in subparagraph (B)— 23
533533 (I) by inserting ‘‘(i)’’ before ‘‘The 24
534534 number’’; and 25
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537537 •S 1068 IS
538538 (II) by adding at the end the fol-1
539539 lowing new clause: 2
540540 ‘‘(ii) Information made available under this 3
541541 subparagraph shall be updated not less fre-4
542542 quently than once each quarter to account for 5
543543 delays in data processing and shall reflect the 6
544544 most recently available data.’’; 7
545545 (iii) in subparagraph (C), by striking 8
546546 ‘‘vacancies, by occupation.’’ and inserting 9
547547 ‘‘positions currently undergoing a recruit-10
548548 ment action, disaggregated by occupation 11
549549 and by stage of recruitment, including 12
550550 Manager Request Initiation Stage, recruit-13
551551 ment stage, onboarding stage, and waiting 14
552552 to start stage, or successor stages if modi-15
553553 fied.’’; 16
554554 (iv) in subparagraph (E)(iii), by strik-17
555555 ing ‘‘potential hires or’’; and 18
556556 (v) by adding at the end the following 19
557557 new subparagraph: 20
558558 ‘‘(F) The number of positions vacated dur-21
559559 ing the quarter for which the Department has 22
560560 not initiated a recruitment action, including the 23
561561 date the position was vacated, disaggregated by 24
562562 occupation.’’; 25
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565565 •S 1068 IS
566566 (B) by redesignating paragraph (5) as 1
567567 paragraph (6); 2
568568 (C) by inserting after paragraph (4) the 3
569569 following new paragraph (5): 4
570570 ‘‘(5) D
571571 ISPLAY OF INFORMATION .—The display 5
572572 of information made publicly available on an internet 6
573573 website of the Department pursuant to paragraph 7
574574 (1), shall be disaggregated— 8
575575 ‘‘(A) by departmental component; 9
576576 ‘‘(B) in the case of information relating to 10
577577 Veterans Health Administration positions, by 11
578578 medical facility; and 12
579579 ‘‘(C) in the case of information relating to 13
580580 Veterans Benefits Administration positions, by 14
581581 regional office.’’; and 15
582582 (D) in paragraph (6), as redesignated by 16
583583 subparagraph (B), by striking ‘‘shall’’ and all 17
584584 that follows and inserting ‘‘shall— 18
585585 ‘‘(A) review the administration of the 19
586586 website required under paragraph (1); 20
587587 ‘‘(B) develop recommendations relating to 21
588588 the improvement of such administration; and 22
589589 ‘‘(C) submit to the Committee on Vet-23
590590 erans’ Affairs of the Senate and the Committee 24
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594594 on Veterans’ Affairs of the House of Represent-1
595595 atives a report containing— 2
596596 ‘‘(i) the findings of the Inspector Gen-3
597597 eral with respect to the most recent review 4
598598 conducted under subparagraph (A); and 5
599599 ‘‘(ii) the recommendations most re-6
600600 cently developed under subparagraph 7
601601 (B).’’; and 8
602602 (2) by amending subsection (b) to read as fol-9
603603 lows: 10
604604 ‘‘(b) A
605605 NNUALREPORT.—Each year, the Secretary 11
606606 shall submit to Congress an annual report that includes 12
607607 the following: 13
608608 ‘‘(1) A description of the steps the Department 14
609609 is taking to achieve full staffing capacity. 15
610610 ‘‘(2) A description of the actions the Depart-16
611611 ment is taking to improve the onboard timeline for 17
612612 facilities of the Department, including— 18
613613 ‘‘(A) in the case of facilities of the Vet-19
614614 erans Health Administration, for facilities for 20
615615 which the duration of the onboarding process 21
616616 exceeds the metrics laid out in the Time to Hire 22
617617 Model of the Veterans Health Administration, 23
618618 or successor model; and 24
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622622 ‘‘(B) in the case of the Veterans Benefits 1
623623 Administration, for regional offices that exceed 2
624624 the time-to-hire target of the Office of Per-3
625625 sonnel Management. 4
626626 ‘‘(3) The amount of additional funds necessary 5
627627 to enable the Department to reach full staffing ca-6
628628 pacity. 7
629629 ‘‘(4) Such recommendations for legislative or 8
630630 administrative action as the Secretary may have in 9
631631 order to achieve full staffing capacity at the Depart-10
632632 ment.’’. 11
633633 (b) E
634634 FFECTIVEDATE.—The amendments made by 12
635635 subsection (a) shall take effect on the date of the enact-13
636636 ment of this Act and shall apply with respect to the first 14
637637 update under section 505(a)(3) of such Act beginning 15
638638 after the date of the enactment of this Act and each up-16
639639 date thereafter. 17
640640 SEC. 207. DEPARTMENT OF VETERANS AFFAIRS RESEARCH 18
641641 PERSONNEL REPORTING. 19
642642 Not later than 30 days after the date of the enact-20
643643 ment of this Act, the Secretary of Veterans Affairs shall 21
644644 submit to Congress a report that includes— 22
645645 (1) the number of Department of Veterans Af-23
646646 fairs research employees who were terminated from 24
647647 the Department since January 20, 2025; 25
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651651 (2) the number of Department research employ-1
652652 ees who had their term limits shortened since Janu-2
653653 ary 20, 2025; and 3
654654 (3) a list of the research studies the employees 4
655655 described in paragraphs (1) and (2) were working 5
656656 on. 6
657657 SEC. 208. PROHIBITION ON INDIVIDUALS SERVING AS SEC-7
658658 RETARY OF VETERANS AFFAIRS FROM ALSO 8
659659 SERVING AS HEADS OF OTHER FEDERAL 9
660660 AGENCIES. 10
661661 (a) I
662662 NGENERAL.—Section 303 of title 38, United 11
663663 States Code, is amended— 12
664664 (1) by striking ‘‘There is’’ and inserting the fol-13
665665 lowing: 14
666666 ‘‘(a) I
667667 NGENERAL.—There is’’; and 15
668668 (2) by adding at the end the following new sub-16
669669 sections: 17
670670 ‘‘(b) P
671671 ROHIBITION.— 18
672672 ‘‘(1) I
673673 N GENERAL.—Notwithstanding any other 19
674674 provision of law, including any provision of sub-20
675675 chapter III of chapter 33 of title 5, an individual 21
676676 who is serving as the Secretary, regardless of wheth-22
677677 er such service is pursuant to an appointment made 23
678678 by and with the advice and consent of the Senate or 24
679679 such service is in an acting capacity, may not serve 25
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682682 •S 1068 IS
683683 as the head of any other Executive agency, either 1
684684 pursuant to an appointment made by and with the 2
685685 advice and consent of the Senate or in an acting ca-3
686686 pacity, while serving as the Secretary. 4
687687 ‘‘(2) E
688688 FFECT OF NONCOMPLIANCE .— 5
689689 ‘‘(A) R
690690 EMOVAL FROM OFFICE .—An indi-6
691691 vidual serving as the Secretary who is not in 7
692692 compliance with subsection (a) is hereby re-8
693693 moved from the position of Secretary. 9
694694 ‘‘(B) P
695695 ROHIBITION ON CERTAIN AC -10
696696 TIONS.—An individual removed from the posi-11
697697 tion of Secretary by subparagraph (A) may not 12
698698 issue orders, guidance, direct any people or re-13
699699 sources, or in any other manner carry out any 14
700700 of the functions of the Secretary. 15
701701 ‘‘(C) T
702702 REATMENT OF ORDERS , GUIDANCE, 16
703703 AND DIRECTION.—Any order, guidance, or di-17
704704 rection of people or resources or any other lead-18
705705 ership action issued by an individual who was 19
706706 removed from the position of Secretary by sub-20
707707 paragraph (A) and that was issued on or after 21
708708 the date of such removal shall be considered un-22
709709 lawful. 23
710710 ‘‘(c) D
711711 EFINITION OFEXECUTIVEAGENCY.—In this 24
712712 section, the term ‘Executive agency’ has the meaning 25
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716716 given such term in section 105 of title 5 and includes the 1
717717 Office of Government Ethics and the Office of Special 2
718718 Counsel, but does not include any advisory committee (as 3
719719 such term is defined in section 1001 of title 5).’’. 4
720720 (b) E
721721 FFECTIVEDATE.—Subsections (b) and (c) of 5
722722 section 303 of such title, as added by subsection (a), shall 6
723723 take effect on the date that is 7 days after the date of 7
724724 the enactment of this Act. 8
725725 (c) R
726726 EPORT.— 9
727727 (1) I
728728 N GENERAL.—Not later than 30 days after 10
729729 the date specified in subsection (b), the most senior 11
730730 career individual in the Office of the General Coun-12
731731 sel of the Department of Veterans Affairs shall sub-13
732732 mit to the Committee on Veterans’ Affairs of the 14
733733 Senate and the Committee on Veterans’ Affairs of 15
734734 the House of Representatives a report on compliance 16
735735 with the provisions of this Act. 17
736736 (2) C
737737 ONTENTS.—The report submitted pursu-18
738738 ant to paragraph (1) shall include the following: 19
739739 (A) Documentation as to whether the Sec-20
740740 retary of Veterans Affairs is in compliance with 21
741741 section 303(b) of title 38, United States Code, 22
742742 as added by subsection (a). 23
743743 (B) A description of the procedures in ef-24
744744 fect to reestablish firewalls, conflict of interest 25
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747747 •S 1068 IS
748748 protections, and independence requirements at 1
749749 the Department of Veterans Affairs. 2
750750 (C) An affirmation that the Department of 3
751751 Veterans Affairs will comply with and respect 4
752752 the independent oversight and investigative 5
753753 power of the Office of Special Counsel, the Of-6
754754 fice of Government Ethics, the Merit Systems 7
755755 Protection Board, the Government Account-8
756756 ability Office, the Office of Inspector General of 9
757757 the Department of Veterans Affairs, the Fed-10
758758 eral Labor Relations Board, and all other rel-11
759759 evant investigatory and audit bodies. 12
760760 SEC. 209. OFFICE OF SPECIAL COUNSEL. 13
761761 Section 1211(b) of title 5, United States Code, is 14
762762 amended by striking the sixth sentence and inserting the 15
763763 following: ‘‘The Special Counsel, including any individual 16
764764 serving as the Special Counsel in an acting capacity, may 17
765765 not hold another office or position in the Government of 18
766766 the United States while serving as the Special Counsel. 19
767767 Notwithstanding any provision of subchapter III of chap-20
768768 ter 33, if the Special Counsel dies, resigns, or is otherwise 21
769769 unable to perform the functions and duties of the office, 22
770770 the most senior career attorney serving in the Office of 23
771771 General Counsel of the Office of Special Counsel, as of 24
772772 the date of the death, resignation, or beginning of inability 25
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775775 •S 1068 IS
776776 to serve, shall serve as the Special Counsel until an indi-1
777777 vidual is appointed by the President as the Special Coun-2
778778 sel in accordance with this subsection.’’. 3
779779 SEC. 210. OFFICE OF GOVERNMENT ETHICS. 4
780780 Section 13121(b) of title 5, United States Code, is 5
781781 amended— 6
782782 (1) by striking ‘‘There shall’’ and inserting the 7
783783 following: 8
784784 ‘‘(1) I
785785 N GENERAL.—There shall’’; and 9
786786 (2) by adding at the end the following: 10
787787 ‘‘(2) R
788788 EMOVAL OR TRANSFER .—The Director 11
789789 may only be removed from office by the President 12
790790 for inefficiency, neglect of duty, or malfeasance in 13
791791 office. 14
792792 ‘‘(3) R
793793 ESTRICTION ON HOLDING OTHER OF -15
794794 FICES.—The Director, including any individual serv-16
795795 ing as the Director in an acting capacity, may not 17
796796 hold another office or position in the Government of 18
797797 the United States while serving as the Director. 19
798798 ‘‘(4) A
799799 BSENCE OR UNAVAILABILITY OF DIREC -20
800800 TOR.—Notwithstanding any provision of subchapter 21
801801 III of chapter 33, if the Director dies, resigns, or is 22
802802 otherwise unable to perform the function and duties 23
803803 of the office, the most senior career individual serv-24
804804 ing in the office of the Chief of Staff of the Office 25
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808808 of Government Ethics, as of the date of the death, 1
809809 resignation, or beginning of inability to serve, shall 2
810810 serve as the Director until an individual is appointed 3
811811 by the President as the Director in accordance with 4
812812 this subsection.’’. 5
813813 Subtitle C—Restoring 6
814814 Accountability and Services 7
815815 SEC. 211. REPORT ON EFFECTS OF REMOVING ESSENTIAL 8
816816 PROGRAMS, OFFICES, AND SERVICES FROM 9
817817 DEPARTMENT OF VETERANS AFFAIRS. 10
818818 (a) R
819819 EPORTREQUIRED.—Not later than 30 days 11
820820 after the date of the enactment of this Act, the Secretary 12
821821 shall submit to Congress a report on the effects of remov-13
822822 ing essential programs, offices, and services from the De-14
823823 partment of Veterans Affairs during the period beginning 15
824824 on January 20, 2025, and ending on the date of the enact-16
825825 ment of this Act. 17
826826 (b) C
827827 ONTENTS.—The report submitted pursuant to 18
828828 subsection (a) shall include, for the period covered by the 19
829829 report, the following: 20
830830 (1) A description of all offices or programs ei-21
831831 ther reorganized, renamed, shut down, or reduced. 22
832832 (2) Position titles of individuals either termi-23
833833 nated or placed on leave, disaggregated by which of-24
834834 fice they were housed in. 25
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837837 •S 1068 IS
838838 (3) A list of all websites, pamphlets, fliers, re-1
839839 ports, photographs, or other public-facing documents 2
840840 removed. 3
841841 (4) A detailed description of how accessibility of 4
842842 Department facilities and websites has been affected, 5
843843 for both veterans and Department employees. 6
844844 (5) A list of any Department research projects 7
845845 cancelled or postponed. 8
846846 (6) A list of all Department employee-facing 9
847847 documents or trainings removed from intranet sites. 10
848848 (7) A list of all events cancelled or postponed 11
849849 by the Department. 12
850850 (8) For each of paragraphs (1) through (7), a 13
851851 justification for why each action was taken. 14
852852 SEC. 212. RESTORING DEPARTMENT OF VETERANS AF-15
853853 FAIRS PROGRAMS, OFFICES, AND SERVICES 16
854854 AFFECTED SINCE THE BEGINNING OF THE 17
855855 SECOND TRUMP ADMINISTRATION. 18
856856 (a) R
857857 ESTORINGDEPARTMENT OF VETERANSAF-19
858858 FAIRS.— 20
859859 (1) I
860860 N GENERAL.—Any removal, demotion, or 21
861861 suspension of a Department of Veterans Affairs em-22
862862 ployee during the period beginning on January 20, 23
863863 2025, and ending on the date of the enactment of 24
864864 this Act shall be considered null and void. 25
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867867 •S 1068 IS
868868 (2) BACKPAY AND RESUMPTION OF BENE -1
869869 FITS.—A person subject to a removal, demotion, or 2
870870 suspension described in paragraph (1) shall be eligi-3
871871 ble for backpay and resumption of benefits. 4
872872 (3) R
873873 ESIGNATIONS.—A person described in 5
874874 paragraph (2) who does not wish to be restored to 6
875875 a position from which the person was removed, de-7
876876 moted, or suspended as described in paragraph (1) 8
877877 may resign from the position as they so choose. 9
878878 (b) P
879879 UBLICATION OF CERTAINMATERIALS AND 10
880880 W
881881 EBSITES.—The Secretary of Veterans Affairs shall com-11
882882 mence publishing all materials and websites described in 12
883883 section 211(b). 13
884884 (c) N
885885 ULLIFICATION OF CANCELLATION OR POST-14
886886 PONEMENT OF CERTAINRESEARCHPROJECTS.—The 15
887887 cancellation or postponement of any research projects dur-16
888888 ing the period beginning on January 20, 2025, and ending 17
889889 on the date of the enactment of this Act shall be consid-18
890890 ered null and void. 19
891891 (d) W
892892 ITHDRAWAL OF CERTAINDIRECTIVERELAT-20
893893 ING TOFLAGS.—The Secretary shall withdraw the Feb-21
894894 ruary 12, 2025 directive of the Secretary entitled ‘‘Public 22
895895 Display or Depiction of Flags throughout Department of 23
896896 Veterans Affairs (VA) Facilities’’. 24
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900900 TITLE III—PROTECTIONS FOR 1
901901 CIVIL SERVANTS 2
902902 SEC. 301. NOMINATIONS TO MERIT SYSTEMS PROTECTION 3
903903 BOARD. 4
904904 Subchapter I of chapter 12 of title 5, United States 5
905905 Code, is amended in section 1202, by adding at the end 6
906906 the following: 7
907907 ‘‘(e) Not later than 30 days after the date on which 8
908908 a vacancy on the Merit Systems Protection Board occurs 9
909909 (whether before or at the end of a term of office of a mem-10
910910 ber), the President shall appoint an individual to fill that 11
911911 vacancy.’’. 12
912912 SEC. 302. MODIFICATIONS TO APPEAL RIGHTS FOR PROBA-13
913913 TIONARY EMPLOYEES. 14
914914 Section 7701(a) of title 5, United States Code, is 15
915915 amended, in the matter preceding paragraph (1), by in-16
916916 serting ‘‘(including, notwithstanding any other provision 17
917917 of law, an employee who is in a probationary period)’’. 18
918918 SEC. 303. AUTHORITY TO RETRACT OFFERS AND CON-19
919919 TRACTS RELATING TO DEFERRED RESIGNA-20
920920 TIONS. 21
921921 (a) A
922922 UTHORITY.—Any offer or contract relating to 22
923923 deferred resignation commitment accepted or entered into 23
924924 by an employee in a position in the civil service may be 24
925925 nullified by the employee (without penalty) at any time 25
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928928 •S 1068 IS
929929 until the close of business on the last day of the employ-1
930930 ment of the employee by the agency employing the em-2
931931 ployee. 3
932932 (b) R
933933 EMEDY.—A violation of subsection (a) may be 4
934934 appealed to the Merit Systems Protection Board in ac-5
935935 cordance with the procedures under section 7701 of title 6
936936 5, United States Code, or challenged in a court of com-7
937937 petent jurisdiction. 8
938938 SEC. 304. LIMITATION ON CHANGES TO COMPETITIVE 9
939939 SERVICE CATEGORIES OF POSITIONS. 10
940940 (a) L
941941 IMITATION.—A position in the civil service may 11
942942 not be shifted, realigned, or removed from a competitive 12
943943 service category to an excepted service category— 13
944944 (1) unless— 14
945945 (A) the employee who current fills the posi-15
946946 tion agrees to such a shift; or 16
947947 (B) the position is vacant; or 17
948948 (2) until the date that is 2 years after the date 18
949949 on which the head of the agency employing the em-19
950950 ployee has given notice to the employee and sub-20
951951 mitted to Congress notice of such a shift, realign-21
952952 ment, or removal. 22
953953 (b) R
954954 EMEDY.—A violation of subsection (a) may be 23
955955 appealed to the Merit Systems Protection Board in ac-24
956956 cordance with the procedures under section 7701 of title 25
957957 VerDate Sep 11 2014 06:36 Mar 27, 2025 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1068.IS S1068
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959959 •S 1068 IS
960960 5, United States Code, or reviewed by a court of com-1
961961 petent jurisdiction. 2
962962 TITLE IV—MENTAL HEALTH 3
963963 CARE FOR CIVIL SERVANTS 4
964964 SEC. 401. MENTAL HEALTH SERVICES. 5
965965 The agency that currently employs, or most recently 6
966966 employed, a veteran, military spouse, caregiver, survivor, 7
967967 or member of a reserve component serving in a position 8
968968 in the civil service who is removed, demoted, or suspended 9
969969 on or after January 20, 2025, shall reimburse the veteran, 10
970970 military spouse, caregiver, survivor, or member of a re-11
971971 serve component for the cost of all mental health services 12
972972 provided during the 90-day period beginning on the date 13
973973 of the removal, demotion, or suspension. 14
974974 SEC. 402. MENTAL HEALTH SERVICES FOR CURRENT CIVIL 15
975975 SERVANTS. 16
976976 (a) V
977977 ETCENTERS.—The Secretary of Veterans Af-17
978978 fairs shall deploy a mobile Vet Center to the office of any 18
979979 agency that, on or after January 20, 2025, removes, sus-19
980980 pends, or demotes a group of more than 5 veterans, mili-20
981981 tary spouses, caregivers, survivors, or members of a re-21
982982 serve component on any day, for use by any current or 22
983983 former employees of the agency who are a veteran, mili-23
984984 tary spouse, caregiver, survivor, or member of a reserve 24
985985 component. 25
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988988 •S 1068 IS
989989 (b) FUNDING.—Subject to the availability of appro-1
990990 priations, until February 1, 2030, an agency may not re-2
991991 duce the amount of funds spent, contracts, staff, or pro-3
992992 gramming related to mental health counseling services, fi-4
993993 nancial and legal services, dependent care services, work-5
994994 place conflict resolution services, cultural competency serv-6
995995 ices, substance use treatment services, crisis intervention 7
996996 services, or employee assistance programs below the levels 8
997997 as of January 5, 2025. 9
998998 TITLE V—EMPLOYMENT ASSIST-10
999999 ANCE FOR CIVIL SERVANTS 11
10001000 SEC. 501. EMPLOYMENT ASSISTANCE. 12
10011001 The President shall order measures to provide em-13
10021002 ployment assistance and opportunities for veterans, mili-14
10031003 tary spouses, caregivers, survivors, and members of a re-15
10041004 serve component who are removed, demoted, or suspended 16
10051005 from civil service on or after January 20, 2025. 17
10061006 SEC. 502. OFFICE OF PERSONNEL MANAGEMENT AND THE 18
10071007 DEPARTMENT OF LABOR WORK ON EMPLOY-19
10081008 MENT OPPORTUNITIES FOR MEMBERS OF 20
10091009 THE MILITARY COMMUNITY. 21
10101010 The Director of the Office of Personnel Management 22
10111011 and the Secretary of Labor shall— 23
10121012 (1) work with the heads of other agencies to ex-24
10131013 pand and facilitate the use of Federal programs, hir-25
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10161016 •S 1068 IS
10171017 ing and training opportunities, and retention incen-1
10181018 tives for veterans, military spouses, caregivers, sur-2
10191019 vivors, and members of a reserve component; 3
10201020 (2) seek to develop partnerships with firms in 4
10211021 the private sector to enhance employment opportuni-5
10221022 ties for veterans, military spouses, caregivers, sur-6
10231023 vivors, and members of a reserve component, includ-7
10241024 ing to provide for improved job portability for such 8
10251025 individuals; 9
10261026 (3) work with the United States Chamber of 10
10271027 Commerce and other appropriate private-sector enti-11
10281028 ties to facilitate the formation of such partnerships; 12
10291029 and 13
10301030 (4) examine and seek ways for incorporating 14
10311031 hiring preferences for veterans, military spouses, 15
10321032 caregivers, survivors, and members of a reserve com-16
10331033 ponent into contracts between an agency and 1 or 17
10341034 more private sector entities. 18
10351035 TITLE VI—DEPARTMENT OF 19
10361036 GOVERNMENT EFFICIENCY 20
10371037 SEC. 601. LIMITATION ON ACCESS TO VETERAN AND DE-21
10381038 PARTMENT INFORMATION, SYSTEMS, AND 22
10391039 DATA. 23
10401040 (a) L
10411041 IMITATIONS.— 24
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10441044 •S 1068 IS
10451045 (1) IN GENERAL.—Subchapter III of chapter 1
10461046 57 of title 38, United States Code, is amended by 2
10471047 adding at the end of the following new section: 3
10481048 ‘‘§ 5729. Limitations on access to certain information, 4
10491049 systems, and data 5
10501050 ‘‘(a) I
10511051 NGENERAL.—The Secretary may not allow any 6
10521052 individual to use, exercise administrative control over, or 7
10531053 otherwise access any Department information technology 8
10541054 system, health or benefits data repository, contracting in-9
10551055 formation, financial system, record system, or other rel-10
10561056 evant system, or any data from any such system, unless— 11
10571057 ‘‘(1) such individual is an officer, employee, or 12
10581058 contractor of the Department; and 13
10591059 ‘‘(2) in the case of an individual not described 14
10601060 in paragraph (1)— 15
10611061 ‘‘(A) such individual holds a security clear-16
10621062 ance at the appropriate level with respect to 17
10631063 such system or data and such clearance was 18
10641064 granted pursuant to the procedures established 19
10651065 under section 801 of the National Security Act 20
10661066 of 1947 (50 U.S.C. 3161); 21
10671067 ‘‘(B) such individual’s access to such sys-22
10681068 tem or data, or use thereof, does not constitute 23
10691069 a violation of section 208 of title 18 (deter-24
10701070 mined after the application of subsection (b)); 25
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10731073 •S 1068 IS
10741074 ‘‘(C) such individual is not a special Gov-1
10751075 ernment employee (as defined in section 202 of 2
10761076 title 18); 3
10771077 ‘‘(D) such individual’s current continuous 4
10781078 service in the civil service (as that term is de-5
10791079 fined in section 2101 of title 5) as of the date 6
10801080 of such access is for a period of not less than 7
10811081 one year; 8
10821082 ‘‘(E) such individual has completed any re-9
10831083 quired training or compliance procedures with 10
10841084 respect to privacy laws, cybersecurity regula-11
10851085 tions, national security regulations, and best 12
10861086 practices; and 13
10871087 ‘‘(F) has signed a written ethics agreement 14
10881088 with either the senior career Designated Agency 15
10891089 Ethics Official of the Department, or the most 16
10901090 senior career official within the Office of Gov-17
10911091 ernment Ethics. 18
10921092 ‘‘(b) T
10931093 REATMENT OF INDIVIDUALSWHOARENOT 19
10941094 O
10951095 FFICERS OREMPLOYEES OF EXECUTIVEBRANCH OF 20
10961096 F
10971097 EDERALGOVERNMENT.—(1) Any individual who ac-21
10981098 cesses any system or data described in subsection (a) who 22
10991099 is not otherwise an officer or employee of the executive 23
11001100 branch of the Federal Government shall be treated as an 24
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11031103 •S 1068 IS
11041104 employee of the executive branch of the United States 1
11051105 Government for purposes of section 208 of title 18. 2
11061106 ‘‘(2) For purposes of such section 208, exercise of 3
11071107 administrative control or stopping, canceling, adjusting, 4
11081108 holding, rejecting, changing, or otherwise impacting any 5
11091109 payment or data in any Department system, data reposi-6
11101110 tory, or other similar location, shall be considered personal 7
11111111 and substantial participation as a Government officer or 8
11121112 employee in a particular matter. 9
11131113 ‘‘(c) D
11141114 EFINITION OFOTHERRELEVANTSYSTEM.— 10
11151115 In this section, the term ‘other relevant system’ means any 11
11161116 data, system, connection, database, repository, or any 12
11171117 other tangible thing of the Department that stores infor-13
11181118 mation of the Department, veterans, surviving spouses, 14
11191119 caregivers, or other recipients of health care or benefits 15
11201120 under laws administered by the Secretary, including 16
11211121 health data, personally identifiable information, protected 17
11221122 health information, burial data information, contract data, 18
11231123 the Corporate Data Warehouse of the Department, data 19
11241124 regarding benefits provided to veterans, financial trans-20
11251125 action and bank information, Department of Veterans Af-21
11261126 fairs Integrated Enterprise Workflow Solution system and 22
11271127 data, payroll information, research and development data, 23
11281128 and data that is part of the Million Veteran Program.’’. 24
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11311131 •S 1068 IS
11321132 (2) CLERICAL AMENDMENT .—The table of sec-1
11331133 tions at the beginning of chapter 57 of such title is 2
11341134 amended by inserting after section 5728 the fol-3
11351135 lowing new section: 4
11361136 ‘‘5729. Limitations on access to certain information, systems, and data.’’.
11371137 (b) DELETION OFIMPROPERLYOBTAINEDDATA.— 5
11381138 In any action brought against the Department of Veterans 6
11391139 Affairs or a recipient agency or other recipient in a court 7
11401140 of competent jurisdiction for a violation of subsection (b) 8
11411141 or (e) of section 552a of title 5, United States Code, the 9
11421142 court may order the Secretary of Veterans Affairs, the re-10
11431143 cipient agency, or other recipient to delete records improp-11
11441144 erly disclosed or maintained in a system of records in vio-12
11451145 lation of the rules and regulations set out pursuant to such 13
11461146 section. 14
11471147 (c) R
11481148 EMOVAL OFCONNECTIONS.—Not later than 15 15
11491149 days after the date of the enactment of this Act, the Sec-16
11501150 retary of Veterans Affairs shall remove any information 17
11511151 technology connection between the Department and any 18
11521152 entity not in compliance with the provisions of this section 19
11531153 or section 5729 of title 38, United States Code, as added 20
11541154 by subsection (a). 21
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11571157 •S 1068 IS
11581158 SEC. 602. LIMITATION ON APPLICATION OF CERTAIN EXEC-1
11591159 UTIVE ORDERS RELATING TO DEPARTMENT 2
11601160 OF GOVERNMENT EFFICIENCY AT DEPART-3
11611161 MENT OF VETERANS AFFAIRS. 4
11621162 Executive Order 14158 (90 Fed. Reg. 8441; relating 5
11631163 to establishing and implementing the President’s Depart-6
11641164 ment of Government Efficiency), Executive Order 14210 7
11651165 (90 Fed. Reg. 9669; relating to implementing the Presi-8
11661166 dent’s ‘‘Department of Government Efficiency’’ workforce 9
11671167 optimization initiative), Executive Order 14219 (90 Fed. 10
11681168 Reg. 10583; relating to ensuring lawful governance and 11
11691169 implementing the President’s ‘‘Department of Govern-12
11701170 ment Efficiency’’ deregulatory initiative), and Executive 13
11711171 Order 14222 (90 Fed. Reg. 11095; relating to imple-14
11721172 menting the President’s ‘‘Department of Government Effi-15
11731173 ciency’’ cost efficiency initiative) shall not apply as it re-16
11741174 lates to the Secretary of Veterans Affairs or the Depart-17
11751175 ment of Veterans Affairs. 18
11761176 SEC. 603. REPORT ON COMPLIANCE WITH LIMITATION ON 19
11771177 ACCESS TO VETERAN AND DEPARTMENT OF 20
11781178 VETERANS AFFAIRS INFORMATION, SYSTEMS, 21
11791179 AND DATA AND INSPECTOR GENERAL RE-22
11801180 VIEW. 23
11811181 (a) R
11821182 EPORT ONCOMPLIANCE.—Not later than 30 24
11831183 days after the date of the enactment of this Act, the Sec-25
11841184 retary of Veterans Affairs shall submit to the Committee 26
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11871187 •S 1068 IS
11881188 on Veterans’ Affairs of the Senate and the Committee on 1
11891189 Veterans’ Affairs of the House of Representatives a report 2
11901190 on the compliance of the Department of Veterans Affairs 3
11911191 with the provisions of this section and section 5729 of title 4
11921192 38, United States Code, as added by section 601(a), in-5
11931193 cluding with respect to removal of connections pursuant 6
11941194 to section 601(c) and the removal of relevant employees 7
11951195 and their credentials from all Department systems, prem-8
11961196 ises, and networks consistent with the such sections. 9
11971197 (b) I
11981198 NSPECTORGENERALREVIEW.— 10
11991199 (1) R
12001200 EVIEW.—Not later than 10 days of after 11
12011201 the date of the enactment of this Act, the Inspector 12
12021202 General of the Department of Veterans Affairs shall 13
12031203 initiate a review on any instance of unauthorized use 14
12041204 or other access of systems described in section 15
12051205 5729(a) of title 38, United States Code, as added by 16
12061206 section 601(a), that has occurred during the period 17
12071207 beginning on November 6, 2024, and ending on the 18
12081208 date of the enactment of this Act. 19
12091209 (2) P
12101210 RELIMINARY BRIEFING .—Not later than 20
12111211 90 days after the date of the enactment of this Act, 21
12121212 the Inspector General shall provide the Committee 22
12131213 on Veterans’ Affairs of the Senate and the Com-23
12141214 mittee on Veterans’ Affairs of the House of Rep-24
12151215 resentatives a preliminary briefing on the findings of 25
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12181218 •S 1068 IS
12191219 the Inspector General with respect to the review ini-1
12201220 tiated pursuant to paragraph (1). 2
12211221 (3) F
12221222 INAL REPORT.—Not later than 180 days 3
12231223 after the date of the enactment of this Act, the In-4
12241224 spector General shall submit to the Committee on 5
12251225 Veterans’ Affairs of the Senate and the Committee 6
12261226 on Veterans’ Affairs of the House of Representatives 7
12271227 a final report on— 8
12281228 (A) the findings of the Inspector General 9
12291229 with respect to the review initiated pursuant to 10
12301230 paragraph (1); and 11
12311231 (B) such recommendations for administra-12
12321232 tive or legislative action as the Inspector Gen-13
12331233 eral may have as a result of such findings. 14
12341234 (4) C
12351235 ONTENTS.—Each report submitted under 15
12361236 this subsection shall include the following: 16
12371237 (A) a detailed description of the unauthor-17
12381238 ized use or access, including any actions the in-18
12391239 dividual or individuals carried out; 19
12401240 (B) a risk assessment of any threat to pri-20
12411241 vacy, contracting and financial information, 21
12421242 protected veteran health and disability informa-22
12431243 tion, national security, cybersecurity, or the in-23
12441244 tegrity of the applicable system as a result of 24
12451245 such unauthorized use or access; and 25
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12481248 •S 1068 IS
12491249 (C) a detailed description of any stopped 1
12501250 benefits, health care delivery, or other services 2
12511251 of the Department of Veterans Affairs during 3
12521252 the unauthorized use or access. 4
12531253 TITLE VII—FINANCIAL NEEDS 5
12541254 OF THE DEPARTMENT OF 6
12551255 VETERANS AFFAIRS 7
12561256 SEC. 701. DEFINITION; RULE OF CONSTRUCTION. 8
12571257 (a) M
12581258 ASSCONTRACTCANCELLATIONDEFINED.—In 9
12591259 this title, the term ‘‘mass contract cancellation’’ means the 10
12601260 termination by the Secretary of Veterans Affairs of— 11
12611261 (1) five or more contracts in a single business 12
12621262 day; or 13
12631263 (2) ten or more contracts in a five-business-day 14
12641264 period. 15
12651265 (b) R
12661266 ULE OFCONSTRUCTION.—Nothing in this title 16
12671267 shall be construed to prevent the Secretary of Veterans 17
12681268 Affairs from cancelling individual contracts for poor per-18
12691269 formance, fraud, breach of contract, or other reasons in 19
12701270 accordance with applicable law, including the Federal Ac-20
12711271 quisition Regulation. 21
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12751275 SEC. 702. REPORT ON FINANCIAL EFFECT OF THE DEPART-1
12761276 MENT OF GOVERNMENT EFFICIENCY ON THE 2
12771277 DEPARTMENT OF VETERANS AFFAIRS. 3
12781278 (a) I
12791279 NGENERAL.—Not less frequently than once 4
12801280 each quarter until September 30, 2029, the Secretary of 5
12811281 Veteran Affairs shall submit to the appropriate commit-6
12821282 tees of Congress a report detailing the estimated costs as-7
12831283 sociated with or attributed to policy changes prompted by 8
12841284 the Department of Government Efficiency or the Presi-9
12851285 dent since January 20, 2025. 10
12861286 (b) C
12871287 OSTS.—Each report required by subsection (a) 11
12881288 shall account for the following: 12
12891289 (1) The cancellation of any contracts and po-13
12901290 tential litigation to resolve related matters. 14
12911291 (2) The wrongful termination of employees and 15
12921292 any settlements. 16
12931293 (3) The need to hire contracted providers or 17
12941294 staff to backfill vacant roles. 18
12951295 (4) Such other matters as the Secretary of Vet-19
12961296 erans Affairs considers appropriate. 20
12971297 (c) A
12981298 PPROPRIATECOMMITTEES OF CONGRESSDE-21
12991299 FINED.—In this section, the term ‘‘appropriate commit-22
13001300 tees of Congress’’ means— 23
13011301 (1) the Committee on Veterans’ Affairs and the 24
13021302 Committee on Appropriations of the Senate; and 25
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13051305 •S 1068 IS
13061306 (2) the Committee on Veterans’ Affairs and the 1
13071307 Committee on Appropriations of the House of Rep-2
13081308 resentatives. 3
13091309 SEC. 703. REINSTATEMENT OF CONTRACTS AND REVIEW OF 4
13101310 MASS CONTRACT CANCELLATIONS. 5
13111311 (a) R
13121312 EINSTATEMENT; PAUSE; REVIEW.— 6
13131313 (1) I
13141314 N GENERAL.—The Secretary of Veterans 7
13151315 Affairs— 8
13161316 (A) shall reinstate each contract cancelled 9
13171317 in a mass contract cancellation during the pe-10
13181318 riod beginning on January 20, 2025, and end-11
13191319 ing on the date of the enactment of this Act; 12
13201320 (B) shall pause any mass contract can-13
13211321 cellation in progress as of the date of the enact-14
13221322 ment of this Act; and 15
13231323 (C) shall not commence any mass contract 16
13241324 cancellation unless— 17
13251325 (i) each condition described in para-18
13261326 graph (2) is met; and 19
13271327 (ii) the requirements of section 704 20
13281328 are fulfilled. 21
13291329 (2) C
13301330 ONDITIONS.—The conditions described in 22
13311331 this paragraph are the following: 23
13321332 (A) The Secretary of Veterans Affairs has 24
13331333 reviewed all contracts cancelled or proposed to 25
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13361336 •S 1068 IS
13371337 be cancelled during the period beginning on 1
13381338 January 20, 2025 and ending on April 30, 2
13391339 2025. 3
13401340 (B) The Secretary has submitted to Con-4
13411341 gress a report on the reviews conducted under 5
13421342 subparagraph (A), including, for each contract 6
13431343 reviewed, a certification by the Secretary and 7
13441344 career head of each relevant administration or 8
13451345 office of the Department of Veterans Affairs 9
13461346 that canceling the contract has not or will not 10
13471347 affect any of the following: 11
13481348 (i) The delivery of health care, bene-12
13491349 fits, and memorial services to veterans. 13
13501350 (ii) Safety and cleanliness of any facil-14
13511351 ity of the Department, including surgical 15
13521352 suites. 16
13531353 (iii) The ability of the Department to 17
13541354 prevent and detect waste, fraud, and 18
13551355 abuse. 19
13561356 (iv) Medical research carried out by 20
13571357 the Department. 21
13581358 (v) Cyber and information security. 22
13591359 (vi) Planning, delivery, and mainte-23
13601360 nance for infrastructure, leasing, and con-24
13611361 struction. 25
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13641364 •S 1068 IS
13651365 (vii) Homelessness services, including 1
13661366 prevention and housing. 2
13671367 (viii) Cancer research and care. 3
13681368 (ix) Memorial services. 4
13691369 (x) Claims processing and retrieval 5
13701370 and digitization of records. 6
13711371 (xi) Veteran-directed care. 7
13721372 (xii) Payments and program oversight 8
13731373 for educational assistance under laws ad-9
13741374 ministered by the Secretary of Veterans 10
13751375 Affairs. 11
13761376 (xiii) Medical supplies. 12
13771377 (xiv) Mental health and suicide pre-13
13781378 vention. 14
13791379 (xv) Implementation of the Sergeant 15
13801380 First Class Heath Robinson Honoring our 16
13811381 Promise to Address Comprehensive Toxics 17
13821382 Act of 2022 (Public Law 117–168) (com-18
13831383 monly known as the ‘‘PACT Act’’). 19
13841384 (xvi) Radiology services. 20
13851385 (xvii) Pharmacy services. 21
13861386 (xviii) Prosthetics services. 22
13871387 (xix) The Transition Assistance Pro-23
13881388 gram. 24
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13921392 (xx) The Home Loan Guaranty Pro-1
13931393 gram of the Department. 2
13941394 (xxi) Police and security services pro-3
13951395 vided by the Department. 4
13961396 (xxii) Emergency response, including 5
13971397 the ‘‘Fourth Mission’’ of the Department. 6
13981398 (xxiii) Veterans employment. 7
13991399 (xxiv) The disposal of waste, including 8
14001400 hazardous waste. 9
14011401 (xxv) Any other critical service, func-10
14021402 tion, or operation of the Department, in-11
14031403 cluding those required by statute. 12
14041404 (C) The Secretary has submitted to Con-13
14051405 gress a report that sets forth a day-by-day 14
14061406 timeline of how the effort to carry out mass 15
14071407 contract cancellations was initiated, led, and 16
14081408 unfolded, including the following: 17
14091409 (i) An identification of each of the fol-18
14101410 lowing: 19
14111411 (I) Who directed the effort to 20
14121412 begin and the date on which such di-21
14131413 rection took place. 22
14141414 (II) The parameters of the effort. 23
14151415 (III) Whether the Department 24
14161416 was provided with a dollar number 25
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14191419 •S 1068 IS
14201420 target to meet for ‘‘savings’’ or wheth-1
14211421 er officials of the Department deter-2
14221422 mined the amount of savings desired. 3
14231423 (IV) The search terms used to 4
14241424 select contracts for cancellation. 5
14251425 (V) Who led the contract review 6
14261426 process. 7
14271427 (VI) The specific individuals who 8
14281428 reviewed the justifications to defend 9
14291429 the merits of each contract. 10
14301430 (VII) The data and fact-based 11
14311431 criteria used to decide which contracts 12
14321432 should be cancelled based on the re-13
14331433 view of the defense of those contracts 14
14341434 prepared by career officials. 15
14351435 (VIII) Whether any contracts 16
14361436 were removed from the initial list of 17
14371437 contracts to be cancelled prior to that 18
14381438 list being finalized. 19
14391439 (IX) The criteria used to develop 20
14401440 the list of contracts announced for 21
14411441 termination on March 3, 2025. 22
14421442 (ii) An estimate developed by the 23
14431443 Chief Financial Officer or the Assistant 24
14441444 Secretary for Management of the Depart-25
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14471447 •S 1068 IS
14481448 ment of the cost expended by employees of 1
14491449 the Department to respond to data calls 2
14501450 and contract justification exercises during 3
14511451 the period beginning on January 20, 2025 4
14521452 and ending on April 30, 2025. 5
14531453 (iii) A list of contracts cancelled dur-6
14541454 ing the period described in clause (ii) that 7
14551455 were subsequently restored, and any costs 8
14561456 paid by the Department to the contractor 9
14571457 to mitigate the temporary cancellation, in-10
14581458 cluding legal fees. 11
14591459 (iv) For each contract that was can-12
14601460 celled, an estimated cost for the work to be 13
14611461 performed by government personnel and an 14
14621462 identification of the part of the Depart-15
14631463 ment those personnel will come from con-16
14641464 sidering the ongoing partial hiring freeze 17
14651465 and reduction in force efforts of the De-18
14661466 partment, including those outlined in the 19
14671467 Departmental memorandum dated March 20
14681468 4, 2025, and entitled ‘‘Department of Vet-21
14691469 erans Affairs Agency Reduction in Force 22
14701470 (RIF) and Reorganization Plan (ARRP)’’. 23
14711471 (b) I
14721472 NSPECTORGENERALREVIEW.—Not later than 24
14731473 one year after the date on which the reports required by 25
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14771477 subsection (a) are submitted to Congress, the Inspector 1
14781478 General of the Department shall— 2
14791479 (1) review the reports for accuracy and com-3
14801480 pleteness; and 4
14811481 (2) submit to Congress and make publicly avail-5
14821482 able a report that includes— 6
14831483 (A) findings regarding whether the process 7
14841484 for mass contract cancellations was consistent 8
14851485 with public statements of Department officials; 9
14861486 (B) recommendations for areas for im-10
14871487 provement for future contract management and 11
14881488 oversight; and 12
14891489 (C) such other matters as the Inspector 13
14901490 General considers appropriate, including actions 14
14911491 the Department may take to improve oversight 15
14921492 and use of Federal resources in order to im-16
14931493 prove efficiency in contracting by the Depart-17
14941494 ment and prevent and detect waste, fraud, and 18
14951495 abuse. 19
14961496 SEC. 704. LIMITATIONS ON MASS CONTRACT CANCELLA-20
14971497 TIONS. 21
14981498 (a) S
14991499 UBMISSIONREQUIRED.— 22
15001500 (1) I
15011501 N GENERAL.—After the conditions de-23
15021502 scribed in section 703(a)(2) are met, if the Secretary 24
15031503 of Veterans Affairs decides to carry out a mass con-25
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15071507 tract cancellation, the Secretary shall, before car-1
15081508 rying out such cancellation, submit to the Committee 2
15091509 on Veterans’ Affairs of the Senate and the Com-3
15101510 mittee on Veterans’ Affairs of the House of Rep-4
15111511 resentatives the following: 5
15121512 (A) A list of contracts proposed for can-6
15131513 cellation. 7
15141514 (B) For each contract included in the list 8
15151515 described in subparagraph (A), a certification 9
15161516 described in section 703(a)(2)(B). 10
15171517 (C) The number of contracts included in 11
15181518 such list that are held by a service-disabled vet-12
15191519 eran-owned small business or a veteran-owned 13
15201520 small business. 14
15211521 (D) A description of how the work pro-15
15221522 posed to be cancelled would be absorbed by the 16
15231523 existing workforce of the Department or wheth-17
15241524 er hiring of additional staff will be needed to 18
15251525 perform that work, and a cost benefit analysis 19
15261526 comparing the contracting and staffing ap-20
15271527 proaches. 21
15281528 (2) L
15291529 IMITATION.—The Secretary of Veterans 22
15301530 Affairs shall not commence a mass contract cancella-23
15311531 tion until the date that is 30 days after the date on 24
15321532 which the Committee on Veterans’ Affairs of the 25
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15361536 Senate and the Committee on Veterans’ Affairs of 1
15371537 the House of Representatives receive the submission 2
15381538 for such cancellation under paragraph (1). 3
15391539 (b) R
15401540 EPORT.— 4
15411541 (1) I
15421542 N GENERAL.—Not later than 7 business 5
15431543 days after the date of the enactment of this Act, the 6
15441544 Secretary of Veterans Affairs shall submit to Com-7
15451545 mittee on Veterans’ Affairs of the Senate and the 8
15461546 Committee on Veterans’ Affairs of the House of 9
15471547 Representatives a report that includes the following: 10
15481548 (A) A list of the contracts cancelled or pro-11
15491549 posed for cancellation developed by the Depart-12
15501550 ment and announced by the Secretary of Vet-13
15511551 erans Affairs on February 25, 2025, and, for 14
15521552 each contract included in such list— 15
15531553 (i) the justification for the need for 16
15541554 the contract, if submitted, as written by 17
15551555 career employees of the Department; and 18
15561556 (ii) an indication of whether the entity 19
15571557 holding the contract is a service-disabled 20
15581558 veteran-owned small business or a veteran- 21
15591559 owned small business. 22
15601560 (B) A list of contracts announced for can-23
15611561 cellation by the Department of Veterans Affairs 24
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15651565 on March 3, 2025, and, for each contract in-1
15661566 cluded in such list— 2
15671567 (i) the justification for the need for 3
15681568 the contract, if submitted, as written by 4
15691569 career employees of the Department; and 5
15701570 (ii) an indication of whether the entity 6
15711571 holding the contract is a service-disabled 7
15721572 veteran-owned small business or a veteran- 8
15731573 owned small business. 9
15741574 (2) D
15751575 ATA FIELDS.—Each list described in para-10
15761576 graph (1) shall contain, at a minimum, the following 11
15771577 fields: 12
15781578 (A) Contract/Order #/PIID. 13
15791579 (B) Vendor. 14
15801580 (C) Category of contract using relevant 15
15811581 North American Industry Classification System 16
15821582 (NAICS) terminology. 17
15831583 (D) Contract description. 18
15841584 (E) Date of termination or contract action. 19
15851585 (F) Contracting Unique Entity Identifier. 20
15861586 (G) The headquarters city and State of the 21
15871587 vendor. 22
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15911591 SEC. 705. CHARGE CARD PROGRAM OF THE DEPARTMENT 1
15921592 OF VETERANS AFFAIRS. 2
15931593 (a) I
15941594 NGENERAL.—Not later than 60 days before 3
15951595 making any change to the charge card program of the De-4
15961596 partment of Veterans Affairs, including any change reduc-5
15971597 ing the total number of charge cards authorized for use, 6
15981598 the Secretary of Veterans Affairs shall notify the Com-7
15991599 mittee on Veterans’ Affairs of the Senate and the Com-8
16001600 mittee on Veterans’ Affairs of the House of Representa-9
16011601 tives in writing of the proposed change. 10
16021602 (b) E
16031603 LEMENTS.—Any notification required by sub-11
16041604 section (a) shall include the following: 12
16051605 (1) The justification for the change concerned. 13
16061606 (2) The timeline for the change to occur. 14
16071607 (3) A description of how the Secretary of Vet-15
16081608 erans Affairs intends to monitor for any negative ef-16
16091609 fects on health care or benefits delivery. 17
16101610 (c) S
16111611 UNSET.—This section shall terminate on the 18
16121612 date on which President Trump is no longer President. 19
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16161616 TITLE VIII—REPORTING 1
16171617 REQUIREMENTS 2
16181618 SEC. 801. REQUIREMENT FOR VETERANS BENEFITS ADMIN-3
16191619 ISTRATION MONDAY MORNING WORKLOAD 4
16201620 REPORT. 5
16211621 (a) I
16221622 NGENERAL.—Chapter 53 of title 38, United 6
16231623 States Code, is amended by adding at the end the fol-7
16241624 lowing new section: 8
16251625 ‘‘§ 5322. Monday Morning Workload Report 9
16261626 ‘‘(a) I
16271627 NGENERAL.—Not less frequently than once 10
16281628 each week, the Under Secretary for Benefits shall publish 11
16291629 on a publicly available website of the Department, a report 12
16301630 providing a snapshot of the workload of the Veterans Ben-13
16311631 efits Administration. 14
16321632 ‘‘(b) C
16331633 ONTENTS.—Each report published pursuant to 15
16341634 subsection (a) shall include the following: 16
16351635 ‘‘(1) National totals for pending and backlogged 17
16361636 compensation, pension, appeals, and education work-18
16371637 loads of the Veterans Benefits Administration. 19
16381638 ‘‘(2) National, district, and regional office-level 20
16391639 data, disaggregated by the following: 21
16401640 ‘‘(A) Station of jurisdiction. 22
16411641 ‘‘(B) Station of origination. 23
16421642 ‘‘(C) State. 24
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16461646 ‘‘(D) National Work Queue, or successor 1
16471647 queue, including— 2
16481648 ‘‘(i) the number of claims pending at 3
16491649 stage of the claims life cycle; and 4
16501650 ‘‘(ii) average time claims are pending 5
16511651 at each stage of a life cycle. 6
16521652 ‘‘(3) Data for groups of claims, disaggregated 7
16531653 by national, district, and regional office or State 8
16541654 level, including non-rating bundle, entitlement bun-9
16551655 dle, award adjustments bundle, program review bun-10
16561656 dle, other bundle, burial claims, accrued claims, ap-11
16571657 peals, number of claims and appeals with duty to as-12
16581658 sist errors, and such other groups as the Secretary 13
16591659 considers appropriate. 14
16601660 ‘‘(4) National level data on claim and appeal in-15
16611661 ventories, disaggregated by end product code. 16
16621662 ‘‘(5) Regional office level data on claim and ap-17
16631663 peal inventories, disaggregated by traditional aggre-18
16641664 gate groups. 19
16651665 ‘‘(6) National level data on the future volume of 20
16661666 work of which the Under Secretary is aware. 21
16671667 ‘‘(7) Average age of claims that have main-22
16681668 tained continuous pursuit. 23
16691669 ‘‘(8) Factors contributing to the increase or de-24
16701670 crease in workload and the claims backlog. 25
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16741674 ‘‘(9) Such additional data as the Under Sec-1
16751675 retary considers appropriate. 2
16761676 ‘‘(c) P
16771677 UBLICATIONREQUIREMENT.—Each report 3
16781678 published pursuant to subsection (a) in a week shall be 4
16791679 published on the Monday of that week, except as follows: 5
16801680 ‘‘(1) In a case in which the Monday of the week 6
16811681 of publication is a Federally recognized holiday, the 7
16821682 report shall be published on the Tuesday of that 8
16831683 week. 9
16841684 ‘‘(2) In a case in which the Secretary is pub-10
16851685 lishing the report required by subsection (a) more 11
16861686 than once in a single week, any publication after the 12
16871687 first publication may be made on any day of the 13
16881688 week at the discretion of the Under Secretary.’’. 14
16891689 (b) C
16901690 LERICALAMENDMENT.—The table of sections 15
16911691 at the beginning of chapter 53 of such title is amended 16
16921692 by adding after the item relating to section 5321 the fol-17
16931693 lowing new item: 18
16941694 ‘‘5322. Monday Morning Workload Report.’’.
16951695 SEC. 802. IMPROVEMENTS REGARDING PERIODIC PUBLICA-
16961696 19
16971697 TION OF METRICS RELATING TO PROC-20
16981698 ESSING OF APPEALS. 21
16991699 Section 5 of the Veterans Appeals Improvement and 22
17001700 Modernization Act of 2017 (Public Law 115–55) is 23
17011701 amended by adding at the end the following new para-24
17021702 graph: 25
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17061706 ‘‘(4) A summary of the outcome of appeals 1
17071707 under the new appeals system, including appeals re-2
17081708 viewed by the Board of Veterans’ Appeals, 3
17091709 disaggregated by— 4
17101710 ‘‘(A) the type of review; 5
17111711 ‘‘(B) station of origination; 6
17121712 ‘‘(C) type of appeal; and 7
17131713 ‘‘(D) diagnostic codes.’’. 8
17141714 SEC. 803. PUBLICATION OF WAIT TIMES FOR COMMUNITY 9
17151715 CARE FROM DEPARTMENT OF VETERANS AF-10
17161716 FAIRS. 11
17171717 (a) I
17181718 NGENERAL.—Not later than 90 days after the 12
17191719 date of the enactment of this Act, the Secretary of Vet-13
17201720 erans Affairs shall publish on a publicly accessible website 14
17211721 of each medical center of the Department of Veterans Af-15
17221722 fairs the wait times for scheduling an appointment for a 16
17231723 veteran to receive care from a non-Department provider 17
17241724 in the community for that medical center and each of the 18
17251725 clinics of the Department in the catchment area of that 19
17261726 medical center. 20
17271727 (b) D
17281728 ATATOBEINCLUDED.—The Secretary shall 21
17291729 include in the publication under subsection (a) wait times 22
17301730 for the following care: 23
17311731 (1) Primary care. 24
17321732 (2) Specialty care. 25
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17361736 (3) Inpatient care. 1
17371737 (4) Mental health care. 2
17381738 (5) Such other types of care as the Secretary 3
17391739 considers appropriate. 4
17401740 (c) U
17411741 PDATE.—The Secretary shall update the wait 5
17421742 times published under subsection (a) not less frequently 6
17431743 than weekly. 7
17441744 (d) M
17451745 ETRICSUSED.—The Secretary shall calculate 8
17461746 the wait times published under subsection (a) based on 9
17471747 similar metrics as the metrics used to calculate wait times 10
17481748 for care at facilities of the Department. 11
17491749 SEC. 804. PERIOD FOR SECRETARY OF VETERANS AFFAIRS 12
17501750 TO RESPOND TO QUESTIONS SUBMITTED BY 13
17511751 MEMBERS OF CERTAIN CONGRESSIONAL 14
17521752 COMMITTEES. 15
17531753 (a) R
17541754 EQUIREMENT.—To the maximum extent prac-16
17551755 ticable, the Secretary of Veterans Affairs shall provide— 17
17561756 (1) an answer to a question submitted for the 18
17571757 record to the Department of Veterans Affairs by a 19
17581758 member of the Committee on Veterans’ Affairs of 20
17591759 the Senate or the Committee on Veterans’ Affairs of 21
17601760 the House of Representatives, on or before the date 22
17611761 that is 45 business days after the date on which the 23
17621762 Department receives the question; 24
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17661766 (2) an answer to a request for information sub-1
17671767 mitted by a member of the staff of the Committee 2
17681768 on Veterans’ Affairs of the Senate or the Committee 3
17691769 on Veterans’ Affairs of the House of Representatives 4
17701770 or a member of either committee, on or before the 5
17711771 date that is 15 business days after the date on 6
17721772 which the Department receives the request from the 7
17731773 member of the staff or the member of the com-8
17741774 mittee, as the case may be; and 9
17751775 (3) an answer to a letter sent by a member of 10
17761776 the Committee on Veterans’ Affairs of the Senate or 11
17771777 the Committee on Veterans’ Affairs of the House of 12
17781778 Representatives, on or before the date that is 15 13
17791779 business days after the date on which the Depart-14
17801780 ment receives the letter. 15
17811781 (b) D
17821782 ELAYEDRESPONSES.— 16
17831783 (1) N
17841784 OTICE REQUIRED.—If the Secretary an-17
17851785 ticipates being unable to provide an answer to a 18
17861786 question, request for information, or letter described 19
17871787 in subsection (a) that was submitted to the Depart-20
17881788 ment by the date specified in such subsection, the 21
17891789 Secretary shall, before such date, submit to the 22
17901790 member and the relevant Committee a notice that 23
17911791 the Secretary anticipates being unable to provide the 24
17921792 answer by such date. 25
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17961796 (2) CONTENTS.—Notice submitted under para-1
17971797 graph (1) shall include the following: 2
17981798 (A) A justification for the inability of the 3
17991799 Secretary to meet the deadline set forth in sub-4
18001800 section (a). 5
18011801 (B) An estimate of when an answer will be 6
18021802 provided by the Secretary to the question, re-7
18031803 quest for information, or letter submitted. 8
18041804 (C) A description of the steps the Sec-9
18051805 retary needs to take in order to provide the re-10
18061806 sponse, including steps required to obtain any 11
18071807 information required of another Federal agency. 12
18081808 Æ
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