[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4400 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4400
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to develop a five-year human capital plan to support
the mission and responsibilities of the Department of Veterans Affairs
and to require the Secretary provide notice before carrying out a
reduction in force, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2026
Mr. Moran (for himself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to develop a five-year human capital plan to support
the mission and responsibilities of the Department of Veterans Affairs
and to require the Secretary provide notice before carrying out a
reduction in force, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Optimizing the Department of
Veterans Affairs Workforce for Veterans Act of 2026'' or the
``Optimizing the VA Workforce for Veterans Act of 2026''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS STRATEGIC HUMAN CAPITAL PLAN.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 729. Strategic human capital plan
``(a) Plan Development.--(1) Not later than September 30, 2027, the
Secretary shall develop and submit to the appropriate committees of
Congress a five-year strategic human capital plan to support the
mission and responsibilities of the Department, disaggregated by the
Veterans Health Administration, the Veterans Benefits Administration,
the National Cemetery Administration, and such other administrative
components of the Department as the Secretary considers necessary to
carry out the mission of the Department.
``(2) Not later than September 30, 2028, and each September 30
thereafter, the Secretary shall update the plan developed pursuant to
paragraph (1) and extend the plan so that it covers the next period of
five fiscal years commencing immediately after the date of the update.
``(b) Requirements.--(1) In developing the plan required by
subsection (a), the Secretary shall take into account and document
current and future projected demand for benefits and services
administered by the Department, disaggregated for each component by
facility location, facility type, region, administration, program
office, the type of benefit or service, and such other categories as
the Secretary determines appropriate.
``(2) The Secretary shall develop and update the plan under
subsection (a) in consultation with veterans service organizations and
such other stakeholders as the Secretary considers appropriate.
``(c) Contents.--The strategic human capital plan required by
subsection (a) shall incorporate leading practices, including the
following:
``(1) A workforce gap analysis, including an assessment
of--
``(A) the staffing levels of each employee position
needed to deliver high quality, accessible, and timely
health care, benefits, and other services the Secretary
considers appropriate, disaggregated by employee
position, facility location, facility type, region,
administration, program office, the type of benefit or
service, and such other categories as the Secretary
determines appropriate;
``(B) how the staffing levels described in
subparagraph (A) align with industry best practices in
each employee position for the anticipated demand for
health care, benefits, and other services described in
subsection (b); and
``(C) core competencies, as defined by the
Secretary, and the staffing levels needed in each of
these core competencies, disaggregated by employee
position, facility location, facility type, region,
administration, program office, the type of benefit or
service and such other categories as the Secretary
considers appropriate.
``(2) An implementation plan that includes the following:
``(A) Specific recruitment and retention goals to
fulfill the staffing needs identified in the strategic
human capital plan and the strategy of the Department
to achieve such goals.
``(B) Specific strategies--
``(i) to improve workforce productivity
using technological, organizational,
behavioral, and such other approaches as the
Secretary determines appropriate and
productivity measures that are specific to
employee positions and the benefits or services
they provide; and
``(ii) that are informed by applicable
industry best practices.
``(C) Specific strategies for recruiting and
retaining veterans, spouses of veterans and members of
the Armed Forces, family members of veterans and
members of the Armed Forces, caregivers of veterans,
and survivors of members of the Armed Forces as
employees of the Department.
``(D) Specific goals to reduce the time to hire and
onboard employees of the Department and a strategy to
achieve such goals, including draft legislative
language for any legislative action necessary to
achieve such goals, without degradation of--
``(i) necessary background checks; and
``(ii) measures to protect Department
customer and employee safety.
``(d) Annual Updates.--Not later than September 30, 2028, and
September 30 of each of year thereafter, the Secretary shall submit to
the appropriate committees of Congress an update on the implementation
of the strategic human capital plan developed pursuant to subsection
(a), including an assessment by the Secretary of--
``(1) the progress of the Department in implementing the
strategic human capital plan;
``(2) the progress of the Department in improving outcomes
for veterans and their spouses, dependents, and caregivers
through the delivery of high quality, accessible, and timely
health care, benefits, and other services the Secretary
considers appropriate using results based performance measures;
``(3) changes to projected demand for benefits and services
based on new legislative action or other factors, disaggregated
for each component by facility location, facility type, region,
administration, program office and the type of benefit or
service;
``(4) changes to the staffing levels included in the
strategic human capital plan, including justifications for such
changes, disaggregated by employee position, facility location,
facility type, region, administration, program office, the type
of benefit or service and such other categories as the
Secretary determines appropriate;
``(5) any differentiation between the staffing levels
included in the strategic human capital plan and those included
in the budget justification materials most recently submitted
to Congress in support of the budget of the Department (as
submitted with the budget of the President under section
1105(a) of title 31); and
``(6) any differentiation from the Quadrennial Veterans
Health Administration review required by section 7330C of this
title.
``(e) Comptroller General of the United States Biennial Reviews.--
Not later than 180 days after the date on which the human capital plan
is submitted to the appropriate committees of Congress pursuant to
subsection (a), and not less frequently than once every 2 years
thereafter, the Comptroller General of the United States shall--
``(1) review the strategic human capital plan developed
pursuant to subsection (a) and updated pursuant to subsection
(d), as the case may be, particularly with respect to the
adequacy of the plan to fulfill the mission and
responsibilities of the Department; and
``(2) submit to Congress the findings of the Comptroller
General with respect to the review conducted pursuant to
paragraph (1).
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) The term `veterans service organization' means any
organization recognized by the Secretary under section 5902 of
this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 728 the following new item:
``729. Strategic human capital plan.''.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS REDUCTION IN FORCE NOTICE
REQUIREMENT.
(a) In General.--Subchapter I of chapter 7 of title 38, United
States Code, as amended by section 2(a), is further amended by
inserting after section 729 the following new section:
``Sec. 729A. Reductions in force
``(a) Notice Required.--In any case in which the Secretary plans to
carry out a reduction in force, the Secretary shall, not later than the
date that is 60 days before the date on which the Secretary commences
carrying out such reduction in force, submit to the appropriate
committees of Congress and the employees of the Department who will be
affected by the reduction in force notice of the intention of the
Secretary to carry out such reduction in force.
``(b) Limitation.--Notwithstanding any other provision of law, the
Secretary may not carry out any reduction in force with respect to any
employee who has not received the notice required under subsection (a)
in the manner and within the time required by such subsection.
``(c) Contents.--Notice regarding plans to carry out a reduction in
force submitted pursuant to subsection (a) shall include the following:
``(1) The total number of employees of the Department who
will be affected by the reduction.
``(2) The offices of the Department that will be affected
by the reduction, including, for each such office, the
following:
``(A) The location of the office.
``(B) The program of the Department carried out by
the office.
``(C) The total number of employees of the office
before and after the reduction in force.
``(D) The services provided by the office.
``(3) A justification for the reduction in force, including
how--
``(A) the new staffing levels resulting from the
reduction in force align with the current and future
projected demand for benefits and services administered
by the Department, disaggregated for each component by
facility location, facility type, region,
administration, program office, the type of benefit or
service, and such other categories as the Secretary
determines appropriate; and
``(B) the reduction in force aligns with the
strategic human capital plan required by section 729 of
this title.
``(4) Budgetary effects of the reduction in force.
``(5) How the reduction in force will improve the benefits
or services furnished by the Department.
``(d) Equal Content.--A notice regarding a reduction in force sent
to an employee pursuant to subsection (a) shall be the same as the
notice submitted under such subsection to Congress for the same
reduction in force.
``(e) Administrative Remedy.--Notwithstanding section 2302(a)(2)(B)
of title 5, the failure to comply with subsection (a) of this section
shall be considered to be a personnel action that is prohibited under
section 2302(b) of title 5, and the Merit Systems Protection Board
shall stay or set aside the reduction in force action with respect to
that employee until the Secretary has complied with subsection (a) of
this section.
``(f) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) The term `reduction in force' means any action that
would have required notice under part 351 of title 5, Code of
Federal Regulations, as in effect on January 1, 2026.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title, as amended by section 2(b), is further amended
by inserting after the item relating to section 729 the following new
item:
``729A. Reductions in force.''.
SEC. 4. DETAILED PLANS AND JUSTIFICATIONS FOR REORGANIZATION OF
OFFICES.
Section 510 of title 38, United States Code, is amended--
(1) in subsection (f)(2)--
(A) in subparagraph (D), by inserting ``in
improving outcomes for veterans and their spouses,
dependents, and caregivers through the delivery of high
quality, accessible, and timely health care, benefits,
and other services the Secretary considers
appropriate'' before the period at the end; and
(B) by adding at the end the following new
subparagraphs:
``(G) A description of how the Secretary will
analyze success of the reorganization using results
based performance metrics that are derived from the
justification for the reorganization.
``(H) A risk mitigation plan that includes every
identified possible risk from the reorganization and
how the Secretary will mitigate each of the identified
risks.'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Not later than 180 days after the date on which the Secretary
completes an administrative reorganization for which the Secretary
submitted under subsection (b) a report containing a detailed plan and
justification for the administrative reorganization, and not less
frequently than once every 180 days thereafter until the date that is
two years after the date of the completion of such administrative
reorganization, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report assessing the administrative
reorganization using the performance metrics described in the detailed
plan and justification pursuant to subsection (g)(2)(G).''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to have any effect on any provision of law in effect before
the date of the enactment of this Act.
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