March 13, 2025
Mr. Blumenthal (for himself, Mr. Sanders, Ms. Duckworth, Mrs. Gillibrand, Mr. Gallego, Mr. Kaine, Ms. Rosen, Ms. Cortez Masto, Mr. Schiff, Mr. Merkley, Ms. Klobuchar, Mr. Padilla, Ms. Hirono, Mr. Kelly, Mr. Booker, Mr. Heinrich, Mr. Whitehouse, Mr. Luján, Mr. Hickenlooper, Mr. Wyden, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
To amend title 5 and title 38, United States Code, to put veteran and military families first and to provide protections for employees, benefits, and programs of the Department of Veterans Affairs, and for other purposes.
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Putting Veterans First Act of 2025
.
(b) Table of contents
The table of contents for this Act is as follows:
Sec. 2. Definitions
In this Act:
(1) Agency
The term agency has the meaning given that term in section 3330d of title 5, United States Code.
(2) Caregiver
The term caregiver means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, a wounded, ill, injured, or disabled member of the Armed Forces or veteran or a dependent of such a member or veteran with a chronic or other health condition, disability, or functional limitation.
(3) Civil service
The term civil service has the meaning given that term in section 2101 of title 5, United States Code.
(4) Demotion
The term demotion means a reduction in grade (as defined in section 7511(a) of title 5, United States Code).
(5) Member of the armed forces
The term member of the armed forces has the meaning given that term in 315.612(b)(4) of title 5, Code of Federal Regulations, or any successor thereto.
(6) Military spouse
The term military spouse means—
(A)
the husband or wife of a member of the armed forces;
(B)
the husband or wife of a retired, totally disabled, or separated member of the armed forces; or
(C)
the widow or widower of a member of the armed forces killed while performing active duty or who died from a service-connected injury or illness.
(7) Removal
The term removal means removing an individual from the civil service.
(8) Reserve component
The term reserve component has the meaning given that term in section 101 of title 38, United States Code.
(9) Suspension
The term suspension means the placing an individual in a temporary status without duties and pay for a period of longer than 7 days.
(10) Survivor
The term survivor means a family member of a member of the armed forces or veteran who died while on active duty or after military retirement or of a service-connected injury or illness.
(11) Veteran
(A) In general
Except as provided in subparagraph (B), the term veteran means a person who served on active duty as a member of the armed forces, regardless of length of service, and who was discharged or released therefrom.
(B) Exclusions
The term veteran does not include a person who—
(i)
received a dishonorable discharge from the Armed Forces; or
(ii)
was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial.
Title I Putting veteran and military families first
Sec. 101. Reinstatement of members of the military community who were Federal employees
(a) In general
Any removal, demotion, or suspension of a veteran, military spouse, caregiver, survivor, or member of a reserve component who was serving in a position in the civil service that occurred during the period beginning on January 20, 2025, and ending on the date of enactment of this Act shall have no force or effect.
(b) Back pay and resumption of benefits
Any person whose removal, demotion, or suspension is rendered without force or effect under subsection (a) shall—
(1)
receive back pay for any pay not received by the person during the period beginning on the date of the removal, suspension, or demotion and ending on the date of enactment of this Act; and
(2)
have benefits restored, retroactive to the date of the removal, demotion, or suspension.
(c) Election To resign
At the election of a person whose removal, demotion, or suspension is rendered without force or effect under subsection (a), at any time after the date of enactment of this Act, the person may resign from the position of the person in the civil service, which shall not affect the obligation to provide back pay or the resumption of benefits with respect to the period beginning on the date of the removal, demotion, or suspension and ending on the date of enactment of this Act.
Sec. 102. Protection for members of the military community who were Federal employees
(a) In general
Any veteran, military spouse, caregiver, survivor, or member of a reserve component who is in a position in the civil service may not be removed, demoted, or suspended—
(1)
as a part of a group of more than 5 persons who are being removed, demoted, or suspended on the same day by the agency employing the persons;
(2)
without providing a notification to the direct supervisor of the veteran, military spouse, caregiver, survivor, or member of a reserve component not less than 10 business days before the removal, demotion, or suspension, unless the supervisor advises or approves the removal, demotion, or suspension;
(3)
on the basis of performance, unless the veteran, military spouse, caregiver, survivor, or member of a reserve component has received at least 1 performance rating at or below level 2 or minimally satisfactory (or a similar equivalent level) during the 1-year period ending on the date of the removal, demotion, or suspension; or
(4)
if the removal, demotion, or suspension would result in a greater than 50 percent vacancy rate for the office or position of the veteran, military spouse, caregiver, survivor, or member of a reserve component or a significant reduction or elimination of the duties being carried out by the veteran, military spouse, caregiver, survivor, or member of a reserve component, without approval by the direct supervisor of the veteran, military spouse, caregiver, survivor, or member of a reserve component.
(b) Review
Not later than 10 days after the date of the removal, demotion, or suspension of any veteran, military spouse, caregiver, survivor, or member of a reserve component in a position the civil service, the removal, demotion, or suspension shall be referred to the Merit Systems Protection Board or the Office of Special Counsel, unless the individual agrees to waive the right to such a referral.
Sec. 103. Report on members of the military community in the civil service
Not later than 90 days after the date of enactment of this Act, and not later than 90 days after the end of each fiscal year thereafter, each agency shall submit to the Committee on Veterans’ Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Veterans’ Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Committee on Homeland Security of the House of Representatives the following information:
(1)
The number of veterans, military spouses, caregivers, survivors, and members of a reserve component who, during the prior fiscal year—
(A)
were hired by the agency, disaggregated by those who were serving at a different agency immediately before being hired by the agency and those hired from outside the Federal Government;
(B)
separated from service with the agency, disaggregated by those who were hired by another agency and those who were not hired by another agency; or
(C)
were removed by the agency.
(2)
The number of veterans, military spouses, caregivers, survivors, and members of a reserve component who, as of the end of the prior fiscal year, were employed by the agency.
(3)
Data regarding any directed efforts or incentives utilized to recruit or retain veterans, military spouses, caregivers, survivors, and members of a reserve component during the prior fiscal year.
(4)
For the second report under this section, and each report thereafter, data on changes to the number of veterans, military spouses, caregivers, survivors, or members of a reserve component hired by, separated from, or were employed by the agency, as compared to the most recent report.
Sec. 104. Comptroller General report on military community employment
Not later than April 1, 2027, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Veterans’ Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives and publicly issue a report regarding employment of military community members by the Federal Government, which shall—
(1)
include a review of employment of veterans, military spouses, caregivers, survivors, and members of a reserve component by the Federal Government during fiscal years 2024 and 2025;
(2)
review the period of service in positions in the civil service by veterans, military spouses, caregivers, survivors, and members of a reserve component and the rate of removal, suspension, or demotion of veterans, military spouses, caregivers, survivors, and members of a reserve component from positions in the civil service, as compared to other individuals in positions in the civil service; and
(3)
describe any changes in employment of veterans, military spouses, caregivers, survivors, and members of a reserve component across agencies between the end of fiscal year 2024 and the end of fiscal year 2025.
Title II Department of Veterans Affairs employees
Subtitle A Protections
Sec. 201. Limitations on hiring freezes at Department of Veterans Affairs
(a) Limitation
Neither a position nor an employee at the Department of Veterans Affairs may be subject to a hiring freeze, hiring prohibition, or similar policy—
(1)
unless the Secretary determines that unfilled positions or lack of staff subject to such a freeze will not result in increased costs to the Department; and
(2)
until the date that is 90 days after the date that the Secretary of Veterans Affairs submits a report regarding the hiring freeze pursuant to subsection (b).
(b) Report
Before issuing any hiring freeze, hiring prohibition, or similar policy, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the hiring strategy of the Secretary and budgetary proof that such a freeze, hiring prohibition, or similar policy will not cause increased costs to the Department.
Sec. 202. Limitations on closing offices at Department of Veterans Affairs
(a) Prohibition
The Secretary of Veterans Affairs may not remove, close, or realign any office or program of the Department of Veterans Affairs except pursuant to a provision of law that specifically authorizes such removal, closure, or realignment.
(b) Notification required
Whenever the Secretary removes, closes, or realigns an office or program of the Department, the Secretary shall, not later than 1 year before the date on which the Secretary commences such removal, closure, or realignment, submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of the intent of the Secretary to carry out such removal, closure, or realignment.
(c) Assistance for displaced employees
In any case in which an employee of the Department is displaced by the removal, closure, or realignment of an office or program of the Department, the Secretary shall make a significant effort to find another employment opportunity for the employee within the Department.
Sec. 203. Limitations on changes to telework and remote work at Department of Veterans Affairs
(a) Notice required
The Secretary of Veterans Affairs may not take any action to change to a telework or remote work policy of the Department of Veterans Affairs until after the date that is 1 year after the date on which the Secretary—
(1)
submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of the intent of the Secretary to take such action or make such change; and
(2)
transmits notice of such intent to the following:
(A)
Labor organizations that represent employees of the Department.
(B)
The employees of the Department who would be affected by such action or change.
(b) Enforcement
A violation of subsection (a) against an employee of the Department of Veterans Affairs shall be treated, under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), as a violation of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) against an aggrieved employee described in subsection (a) of that section.
Sec. 204. Limitations on changes to final job offers at Department of Veterans Affairs
(a) Limitations
The Secretary of Veterans Affairs may not rescind or make any change to a final offer of employment with the Department of Veterans Affairs for any reason that is not directly related to an action or quality of the individual to whom the offer of employment was extended.
(b) Remedies
A rescission or change made in violation of subsection (a) may be appealed to the Merit Systems Protection Board in accordance with the procedures under section 7701 of title 5, United States Code.
Subtitle B Reporting
Sec. 205. Notice and justification required before reduction in force at Department of Veterans Affairs
(a) In general
Not later than 180 days before commencing any effort to carry out a reduction in force, or similar action under a different name, at the Department of Veterans Affairs, the Secretary of Veterans Affairs shall submit a justification for the reduction in force or similar action to the following:
(1)
The Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate.
(2)
The Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(3)
The labor organizations that represent employees of the Department.
(4)
Each employee of the Department who will be affected by the reduction in force or similar action.
(b) Contents
Each justification submitted pursuant to subsection (a) for a reduction in force or similar action shall include the following:
(1)
For each employee or position that will be terminated pursuant to the reduction in force or similar action, the following:
(A)
Documentation and analysis used to determine that the termination will not reduce or negatively affect delivery of care or benefits for veterans.
(B)
Documentation and analysis used to determine that the termination will not cost the Department or the Federal Government more than if the Department were to retain the position or employee.
(C)
Cost estimate, strategic plan, analysis, and any other relevant information or documentation the Secretary used to determine the need to terminate the employee or position.
(2)
The planned timeline for the reduction in force or similar action and the methodology the Secretary will use to track the actual effects of the reduction in force or similar action.
(3)
Options for changing the plans of the Secretary and a strategy should an unexpected negative impact to veterans occur from the planned actions.
Sec. 206. Department of Veterans Affairs personnel reporting
(a) In general
Section 505 of the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 (Public Law 115–182; 38 U.S.C. 301 note) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in the matter before subparagraph (A), by striking information,
and all that follows through facility:
and inserting information:
;
(ii)
in subparagraph (B)—
(I)
by inserting (i)
before The number
; and
(II)
by adding at the end the following new clause:
(ii)
Information made available under this subparagraph shall be updated not less frequently than once each quarter to account for delays in data processing and shall reflect the most recently available data.;
(iii)
in subparagraph (C), by striking vacancies, by occupation.
and inserting positions currently undergoing a recruitment action, disaggregated by occupation and by stage of recruitment, including Manager Request Initiation Stage, recruitment stage, onboarding stage, and waiting to start stage, or successor stages if modified.
;
(iv)
in subparagraph (E)(iii), by striking potential hires or
; and
(v)
by adding at the end the following new subparagraph:
(F)
The number of positions vacated during the quarter for which the Department has not initiated a recruitment action, including the date the position was vacated, disaggregated by occupation.;
(B)
by redesignating paragraph (5) as paragraph (6);
(C)
by inserting after paragraph (4) the following new paragraph (5):
(5) Display of information
The display of information made publicly available on an internet website of the Department pursuant to paragraph (1), shall be disaggregated—
(A)
by departmental component;
(B)
in the case of information relating to Veterans Health Administration positions, by medical facility; and
(C)
in the case of information relating to Veterans Benefits Administration positions, by regional office.; and
(D)
in paragraph (6), as redesignated by subparagraph (B), by striking shall
and all that follows and inserting “shall—
(A)
review the administration of the website required under paragraph (1);
(B)
develop recommendations relating to the improvement of such administration; and
(C)
submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing—
(i)
the findings of the Inspector General with respect to the most recent review conducted under subparagraph (A); and
(ii)
the recommendations most recently developed under subparagraph (B).; and
(2)
by amending subsection (b) to read as follows:
(b) Annual report
Each year, the Secretary shall submit to Congress an annual report that includes the following:
(1)
A description of the steps the Department is taking to achieve full staffing capacity.
(2)
A description of the actions the Department is taking to improve the onboard timeline for facilities of the Department, including—
(A)
in the case of facilities of the Veterans Health Administration, for facilities for which the duration of the onboarding process exceeds the metrics laid out in the Time to Hire Model of the Veterans Health Administration, or successor model; and
(B)
in the case of the Veterans Benefits Administration, for regional offices that exceed the time-to-hire target of the Office of Personnel Management.
(3)
The amount of additional funds necessary to enable the Department to reach full staffing capacity.
(4)
Such recommendations for legislative or administrative action as the Secretary may have in order to achieve full staffing capacity at the Department.
(b) Effective date
The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to the first update under section 505(a)(3) of such Act beginning after the date of the enactment of this Act and each update thereafter.
Sec. 207. Department of Veterans Affairs research personnel reporting
Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report that includes—
(1)
the number of Department of Veterans Affairs research employees who were terminated from the Department since January 20, 2025;
(2)
the number of Department research employees who had their term limits shortened since January 20, 2025; and
(3)
a list of the research studies the employees described in paragraphs (1) and (2) were working on.
Sec. 208. Prohibition on individuals serving as Secretary of Veterans Affairs from also serving as heads of other Federal agencies
(a) In general
Section 303 of title 38, United States Code, is amended—
(1)
by striking There is
and inserting the following:
(a) In general
There is; and
(2)
by adding at the end the following new subsections:
(b) Prohibition
(1) In general
Notwithstanding any other provision of law, including any provision of subchapter III of chapter 33 of title 5, an individual who is serving as the Secretary, regardless of whether such service is pursuant to an appointment made by and with the advice and consent of the Senate or such service is in an acting capacity, may not serve as the head of any other Executive agency, either pursuant to an appointment made by and with the advice and consent of the Senate or in an acting capacity, while serving as the Secretary.
(2) Effect of noncompliance
(A) Removal from office
An individual serving as the Secretary who is not in compliance with subsection (a) is hereby removed from the position of Secretary.
(B) Prohibition on certain actions
An individual removed from the position of Secretary by subparagraph (A) may not issue orders, guidance, direct any people or resources, or in any other manner carry out any of the functions of the Secretary.
(C) Treatment of orders, guidance, and direction
Any order, guidance, or direction of people or resources or any other leadership action issued by an individual who was removed from the position of Secretary by subparagraph (A) and that was issued on or after the date of such removal shall be considered unlawful.
(c) Definition of Executive agency
In this section, the term Executive agency has the meaning given such term in section 105 of title 5 and includes the Office of Government Ethics and the Office of Special Counsel, but does not include any advisory committee (as such term is defined in section 1001 of title 5).
(b) Effective date
Subsections (b) and (c) of section 303 of such title, as added by subsection (a), shall take effect on the date that is 7 days after the date of the enactment of this Act.
(c) Report
(1) In general
Not later than 30 days after the date specified in subsection (b), the most senior career individual in the Office of the General Counsel of the Department of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on compliance with the provisions of this Act.
(2) Contents
The report submitted pursuant to paragraph (1) shall include the following:
(A)
Documentation as to whether the Secretary of Veterans Affairs is in compliance with section 303(b) of title 38, United States Code, as added by subsection (a).
(B)
A description of the procedures in effect to reestablish firewalls, conflict of interest protections, and independence requirements at the Department of Veterans Affairs.
(C)
An affirmation that the Department of Veterans Affairs will comply with and respect the independent oversight and investigative power of the Office of Special Counsel, the Office of Government Ethics, the Merit Systems Protection Board, the Government Accountability Office, the Office of Inspector General of the Department of Veterans Affairs, the Federal Labor Relations Board, and all other relevant investigatory and audit bodies.
Sec. 209. Office of Special Counsel
Section 1211(b) of title 5, United States Code, is amended by striking the sixth sentence and inserting the following: The Special Counsel, including any individual serving as the Special Counsel in an acting capacity, may not hold another office or position in the Government of the United States while serving as the Special Counsel. Notwithstanding any provision of subchapter III of chapter 33, if the Special Counsel dies, resigns, or is otherwise unable to perform the functions and duties of the office, the most senior career attorney serving in the Office of General Counsel of the Office of Special Counsel, as of the date of the death, resignation, or beginning of inability to serve, shall serve as the Special Counsel until an individual is appointed by the President as the Special Counsel in accordance with this subsection.
.
Sec. 210. Office of Government Ethics
Section 13121(b) of title 5, United States Code, is amended—
(1)
by striking There shall
and inserting the following:
(1) In general
There shall; and
(2)
by adding at the end the following:
(2) Removal or transfer
The Director may only be removed from office by the President for inefficiency, neglect of duty, or malfeasance in office.
(3) Restriction on holding other offices
The Director, including any individual serving as the Director in an acting capacity, may not hold another office or position in the Government of the United States while serving as the Director.
(4) Absence or unavailability of Director
Notwithstanding any provision of subchapter III of chapter 33, if the Director dies, resigns, or is otherwise unable to perform the function and duties of the office, the most senior career individual serving in the office of the Chief of Staff of the Office of Government Ethics, as of the date of the death, resignation, or beginning of inability to serve, shall serve as the Director until an individual is appointed by the President as the Director in accordance with this subsection.
Subtitle C Restoring accountability and services
Sec. 211. Report on effects of removing essential programs, offices, and services from Department of Veterans Affairs
(a) Report required
Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effects of removing essential programs, offices, and services from the Department of Veterans Affairs during the period beginning on January 20, 2025, and ending on the date of the enactment of this Act.
(b) Contents
The report submitted pursuant to subsection (a) shall include, for the period covered by the report, the following:
(1)
A description of all offices or programs either reorganized, renamed, shut down, or reduced.
(2)
Position titles of individuals either terminated or placed on leave, disaggregated by which office they were housed in.
(3)
A list of all websites, pamphlets, fliers, reports, photographs, or other public-facing documents removed.
(4)
A detailed description of how accessibility of Department facilities and websites has been affected, for both veterans and Department employees.
(5)
A list of any Department research projects cancelled or postponed.
(6)
A list of all Department employee-facing documents or trainings removed from intranet sites.
(7)
A list of all events cancelled or postponed by the Department.
(8)
For each of paragraphs (1) through (7), a justification for why each action was taken.
Sec. 212. Restoring Department of Veterans Affairs programs, offices, and services affected since the beginning of the second Trump Administration
(a) Restoring Department of Veterans Affairs
(1) In general
Any removal, demotion, or suspension of a Department of Veterans Affairs employee during the period beginning on January 20, 2025, and ending on the date of the enactment of this Act shall be considered null and void.
(2) Backpay and resumption of benefits
A person subject to a removal, demotion, or suspension described in paragraph (1) shall be eligible for backpay and resumption of benefits.
(3) Resignations
A person described in paragraph (2) who does not wish to be restored to a position from which the person was removed, demoted, or suspended as described in paragraph (1) may resign from the position as they so choose.
(b) Publication of certain materials and websites
The Secretary of Veterans Affairs shall commence publishing all materials and websites described in section 211(b).
(c) Nullification of cancellation or postponement of certain research projects
The cancellation or postponement of any research projects during the period beginning on January 20, 2025, and ending on the date of the enactment of this Act shall be considered null and void.
(d) Withdrawal of certain directive relating to flags
The Secretary shall withdraw the February 12, 2025 directive of the Secretary entitled Public Display or Depiction of Flags throughout Department of Veterans Affairs (VA) Facilities
.
Title III Protections for civil servants
Sec. 301. Nominations to Merit Systems Protection Board
Subchapter I of chapter 12 of title 5, United States Code, is amended in section 1202, by adding at the end the following:
(e)
Not later than 30 days after the date on which a vacancy on the Merit Systems Protection Board occurs (whether before or at the end of a term of office of a member), the President shall appoint an individual to fill that vacancy.
Sec. 302. Modifications to appeal rights for probationary employees
Section 7701(a) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by inserting (including, notwithstanding any other provision of law, an employee who is in a probationary period)
.
Sec. 303. Authority to retract offers and contracts relating to deferred resignations
(a) Authority
Any offer or contract relating to deferred resignation commitment accepted or entered into by an employee in a position in the civil service may be nullified by the employee (without penalty) at any time until the close of business on the last day of the employment of the employee by the agency employing the employee.
(b) Remedy
A violation of subsection (a) may be appealed to the Merit Systems Protection Board in accordance with the procedures under section 7701 of title 5, United States Code, or challenged in a court of competent jurisdiction.
Sec. 304. Limitation on changes to competitive service categories of positions
(a) Limitation
A position in the civil service may not be shifted, realigned, or removed from a competitive service category to an excepted service category—
(1)
unless—
(A)
the employee who current fills the position agrees to such a shift; or
(B)
the position is vacant; or
(2)
until the date that is 2 years after the date on which the head of the agency employing the employee has given notice to the employee and submitted to Congress notice of such a shift, realignment, or removal.
(b) Remedy
A violation of subsection (a) may be appealed to the Merit Systems Protection Board in accordance with the procedures under section 7701 of title 5, United States Code, or reviewed by a court of competent jurisdiction.
Title IV Mental health care for civil servants
Sec. 401. Mental health services
The agency that currently employs, or most recently employed, a veteran, military spouse, caregiver, survivor, or member of a reserve component serving in a position in the civil service who is removed, demoted, or suspended on or after January 20, 2025, shall reimburse the veteran, military spouse, caregiver, survivor, or member of a reserve component for the cost of all mental health services provided during the 90-day period beginning on the date of the removal, demotion, or suspension.
Sec. 402. Mental health services for current civil servants
(a) Vet Centers
The Secretary of Veterans Affairs shall deploy a mobile Vet Center to the office of any agency that, on or after January 20, 2025, removes, suspends, or demotes a group of more than 5 veterans, military spouses, caregivers, survivors, or members of a reserve component on any day, for use by any current or former employees of the agency who are a veteran, military spouse, caregiver, survivor, or member of a reserve component.
(b) Funding
Subject to the availability of appropriations, until February 1, 2030, an agency may not reduce the amount of funds spent, contracts, staff, or programming related to mental health counseling services, financial and legal services, dependent care services, workplace conflict resolution services, cultural competency services, substance use treatment services, crisis intervention services, or employee assistance programs below the levels as of January 5, 2025.
Title V Employment assistance for civil servants
Sec. 501. Employment assistance
The President shall order measures to provide employment assistance and opportunities for veterans, military spouses, caregivers, survivors, and members of a reserve component who are removed, demoted, or suspended from civil service on or after January 20, 2025.
Sec. 502. Office of Personnel Management and the Department of Labor work on employment opportunities for members of the military community
The Director of the Office of Personnel Management and the Secretary of Labor shall—
(1)
work with the heads of other agencies to expand and facilitate the use of Federal programs, hiring and training opportunities, and retention incentives for veterans, military spouses, caregivers, survivors, and members of a reserve component;
(2)
seek to develop partnerships with firms in the private sector to enhance employment opportunities for veterans, military spouses, caregivers, survivors, and members of a reserve component, including to provide for improved job portability for such individuals;
(3)
work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships; and
(4)
examine and seek ways for incorporating hiring preferences for veterans, military spouses, caregivers, survivors, and members of a reserve component into contracts between an agency and 1 or more private sector entities.
Title VI Department of Government Efficiency
Sec. 601. Limitation on access to veteran and department information, systems, and data
(a) Limitations
(1) In general
Subchapter III of chapter 57 of title 38, United States Code, is amended by adding at the end of the following new section:
5729. Limitations on access to certain information, systems, and data
(a) In general
The Secretary may not allow any individual to use, exercise administrative control over, or otherwise access any Department information technology system, health or benefits data repository, contracting information, financial system, record system, or other relevant system, or any data from any such system, unless—
(1)
such individual is an officer, employee, or contractor of the Department; and
(2)
in the case of an individual not described in paragraph (1)—
(A)
such individual holds a security clearance at the appropriate level with respect to such system or data and such clearance was granted pursuant to the procedures established under section 801 of the National Security Act of 1947 (50 U.S.C. 3161);
(B)
such individual’s access to such system or data, or use thereof, does not constitute a violation of section 208 of title 18 (determined after the application of subsection (b));
(C)
such individual is not a special Government employee (as defined in section 202 of title 18);
(D)
such individual’s current continuous service in the civil service (as that term is defined in section 2101 of title 5) as of the date of such access is for a period of not less than one year;
(E)
such individual has completed any required training or compliance procedures with respect to privacy laws, cybersecurity regulations, national security regulations, and best practices; and
(F)
has signed a written ethics agreement with either the senior career Designated Agency Ethics Official of the Department, or the most senior career official within the Office of Government Ethics.
(b) Treatment of individuals who are not officers or employees of executive branch of Federal Government
(1)
Any individual who accesses any system or data described in subsection (a) who is not otherwise an officer or employee of the executive branch of the Federal Government shall be treated as an employee of the executive branch of the United States Government for purposes of section 208 of title 18.
(2)
For purposes of such section 208, exercise of administrative control or stopping, canceling, adjusting, holding, rejecting, changing, or otherwise impacting any payment or data in any Department system, data repository, or other similar location, shall be considered personal and substantial participation as a Government officer or employee in a particular matter.
(c) Definition of other relevant system
In this section, the term other relevant system means any data, system, connection, database, repository, or any other tangible thing of the Department that stores information of the Department, veterans, surviving spouses, caregivers, or other recipients of health care or benefits under laws administered by the Secretary, including health data, personally identifiable information, protected health information, burial data information, contract data, the Corporate Data Warehouse of the Department, data regarding benefits provided to veterans, financial transaction and bank information, Department of Veterans Affairs Integrated Enterprise Workflow Solution system and data, payroll information, research and development data, and data that is part of the Million Veteran Program.
(2) Clerical amendment
The table of sections at the beginning of chapter 57 of such title is amended by inserting after section 5728 the following new section:
(b) Deletion of improperly obtained data
In any action brought against the Department of Veterans Affairs or a recipient agency or other recipient in a court of competent jurisdiction for a violation of subsection (b) or (e) of section 552a of title 5, United States Code, the court may order the Secretary of Veterans Affairs, the recipient agency, or other recipient to delete records improperly disclosed or maintained in a system of records in violation of the rules and regulations set out pursuant to such section.
(c) Removal of connections
Not later than 15 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall remove any information technology connection between the Department and any entity not in compliance with the provisions of this section or section 5729 of title 38, United States Code, as added by subsection (a).
Sec. 602. Limitation on application of certain Executive Orders relating to Department of Government Efficiency at Department of Veterans Affairs
Executive Order 14158 (90 Fed. Reg. 8441; relating to establishing and implementing the President’s Department of Government Efficiency), Executive Order 14210 (90 Fed. Reg. 9669; relating to implementing the President’s Department of Government Efficiency
workforce optimization initiative), Executive Order 14219 (90 Fed. Reg. 10583; relating to ensuring lawful governance and implementing the President’s Department of Government Efficiency
deregulatory initiative), and Executive Order 14222 (90 Fed. Reg. 11095; relating to implementing the President’s Department of Government Efficiency
cost efficiency initiative) shall not apply as it relates to the Secretary of Veterans Affairs or the Department of Veterans Affairs.
Sec. 603. Report on compliance with limitation on access to veteran and Department of Veterans Affairs information, systems, and data and Inspector General review
(a) Report on compliance
Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the compliance of the Department of Veterans Affairs with the provisions of this section and section 5729 of title 38, United States Code, as added by section 601(a), including with respect to removal of connections pursuant to section 601(c) and the removal of relevant employees and their credentials from all Department systems, premises, and networks consistent with the such sections.
(b) Inspector General review
(1) Review
Not later than 10 days of after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall initiate a review on any instance of unauthorized use or other access of systems described in section 5729(a) of title 38, United States Code, as added by section 601(a), that has occurred during the period beginning on November 6, 2024, and ending on the date of the enactment of this Act.
(2) Preliminary briefing
Not later than 90 days after the date of the enactment of this Act, the Inspector General shall provide the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a preliminary briefing on the findings of the Inspector General with respect to the review initiated pursuant to paragraph (1).
(3) Final report
Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on—
(A)
the findings of the Inspector General with respect to the review initiated pursuant to paragraph (1); and
(B)
such recommendations for administrative or legislative action as the Inspector General may have as a result of such findings.
(4) Contents
Each report submitted under this subsection shall include the following:
(A)
a detailed description of the unauthorized use or access, including any actions the individual or individuals carried out;
(B)
a risk assessment of any threat to privacy, contracting and financial information, protected veteran health and disability information, national security, cybersecurity, or the integrity of the applicable system as a result of such unauthorized use or access; and
(C)
a detailed description of any stopped benefits, health care delivery, or other services of the Department of Veterans Affairs during the unauthorized use or access.
Title VII Financial needs of the Department of Veterans Affairs
Sec. 701. Definition; rule of construction
(a) Mass contract cancellation defined
In this title, the term mass contract cancellation means the termination by the Secretary of Veterans Affairs of—
(1)
five or more contracts in a single business day; or
(2)
ten or more contracts in a five-business-day period.
(b) Rule of construction
Nothing in this title shall be construed to prevent the Secretary of Veterans Affairs from cancelling individual contracts for poor performance, fraud, breach of contract, or other reasons in accordance with applicable law, including the Federal Acquisition Regulation.
Sec. 702. Report on financial effect of the Department of Government Efficiency on the Department of Veterans Affairs
(a) In general
Not less frequently than once each quarter until September 30, 2029, the Secretary of Veteran Affairs shall submit to the appropriate committees of Congress a report detailing the estimated costs associated with or attributed to policy changes prompted by the Department of Government Efficiency or the President since January 20, 2025.
(b) Costs
Each report required by subsection (a) shall account for the following:
(1)
The cancellation of any contracts and potential litigation to resolve related matters.
(2)
The wrongful termination of employees and any settlements.
(3)
The need to hire contracted providers or staff to backfill vacant roles.
(4)
Such other matters as the Secretary of Veterans Affairs considers appropriate.
(c) Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1)
the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
(2)
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
Sec. 703. Reinstatement of contracts and review of mass contract cancellations
(a) Reinstatement; pause; review
(1) In general
The Secretary of Veterans Affairs—
(A)
shall reinstate each contract cancelled in a mass contract cancellation during the period beginning on January 20, 2025, and ending on the date of the enactment of this Act;
(B)
shall pause any mass contract cancellation in progress as of the date of the enactment of this Act; and
(C)
shall not commence any mass contract cancellation unless—
(i)
each condition described in paragraph (2) is met; and
(ii)
the requirements of section 704 are fulfilled.
(2) Conditions
The conditions described in this paragraph are the following:
(A)
The Secretary of Veterans Affairs has reviewed all contracts cancelled or proposed to be cancelled during the period beginning on January 20, 2025 and ending on April 30, 2025.
(B)
The Secretary has submitted to Congress a report on the reviews conducted under subparagraph (A), including, for each contract reviewed, a certification by the Secretary and career head of each relevant administration or office of the Department of Veterans Affairs that canceling the contract has not or will not affect any of the following:
(i)
The delivery of health care, benefits, and memorial services to veterans.
(ii)
Safety and cleanliness of any facility of the Department, including surgical suites.
(iii)
The ability of the Department to prevent and detect waste, fraud, and abuse.
(iv)
Medical research carried out by the Department.
(v)
Cyber and information security.
(vi)
Planning, delivery, and maintenance for infrastructure, leasing, and construction.
(vii)
Homelessness services, including prevention and housing.
(viii)
Cancer research and care.
(ix)
Memorial services.
(x)
Claims processing and retrieval and digitization of records.
(xi)
Veteran-directed care.
(xii)
Payments and program oversight for educational assistance under laws administered by the Secretary of Veterans Affairs.
(xiii)
Medical supplies.
(xiv)
Mental health and suicide prevention.
(xv)
Implementation of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117–168) (commonly known as the PACT Act
).
(xvi)
Radiology services.
(xvii)
Pharmacy services.
(xviii)
Prosthetics services.
(xix)
The Transition Assistance Program.
(xx)
The Home Loan Guaranty Program of the Department.
(xxi)
Police and security services provided by the Department.
(xxii)
Emergency response, including the Fourth Mission
of the Department.
(xxiii)
Veterans employment.
(xxiv)
The disposal of waste, including hazardous waste.
(xxv)
Any other critical service, function, or operation of the Department, including those required by statute.
(C)
The Secretary has submitted to Congress a report that sets forth a day-by-day timeline of how the effort to carry out mass contract cancellations was initiated, led, and unfolded, including the following:
(i)
An identification of each of the following:
(I)
Who directed the effort to begin and the date on which such direction took place.
(II)
The parameters of the effort.
(III)
Whether the Department was provided with a dollar number target to meet for savings
or whether officials of the Department determined the amount of savings desired.
(IV)
The search terms used to select contracts for cancellation.
(V)
Who led the contract review process.
(VI)
The specific individuals who reviewed the justifications to defend the merits of each contract.
(VII)
The data and fact-based criteria used to decide which contracts should be cancelled based on the review of the defense of those contracts prepared by career officials.
(VIII)
Whether any contracts were removed from the initial list of contracts to be cancelled prior to that list being finalized.
(IX)
The criteria used to develop the list of contracts announced for termination on March 3, 2025.
(ii)
An estimate developed by the Chief Financial Officer or the Assistant Secretary for Management of the Department of the cost expended by employees of the Department to respond to data calls and contract justification exercises during the period beginning on January 20, 2025 and ending on April 30, 2025.
(iii)
A list of contracts cancelled during the period described in clause (ii) that were subsequently restored, and any costs paid by the Department to the contractor to mitigate the temporary cancellation, including legal fees.
(iv)
For each contract that was cancelled, an estimated cost for the work to be performed by government personnel and an identification of the part of the Department those personnel will come from considering the ongoing partial hiring freeze and reduction in force efforts of the Department, including those outlined in the Departmental memorandum dated March 4, 2025, and entitled Department of Veterans Affairs Agency Reduction in Force (RIF) and Reorganization Plan (ARRP)
.
(b) Inspector General review
Not later than one year after the date on which the reports required by subsection (a) are submitted to Congress, the Inspector General of the Department shall—
(1)
review the reports for accuracy and completeness; and
(2)
submit to Congress and make publicly available a report that includes—
(A)
findings regarding whether the process for mass contract cancellations was consistent with public statements of Department officials;
(B)
recommendations for areas for improvement for future contract management and oversight; and
(C)
such other matters as the Inspector General considers appropriate, including actions the Department may take to improve oversight and use of Federal resources in order to improve efficiency in contracting by the Department and prevent and detect waste, fraud, and abuse.
Sec. 704. Limitations on mass contract cancellations
(a) Submission required
(1) In general
After the conditions described in section 703(a)(2) are met, if the Secretary of Veterans Affairs decides to carry out a mass contract cancellation, the Secretary shall, before carrying out such cancellation, submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the following:
(A)
A list of contracts proposed for cancellation.
(B)
For each contract included in the list described in subparagraph (A), a certification described in section 703(a)(2)(B).
(C)
The number of contracts included in such list that are held by a service-disabled veteran-owned small business or a veteran-owned small business.
(D)
A description of how the work proposed to be cancelled would be absorbed by the existing workforce of the Department or whether hiring of additional staff will be needed to perform that work, and a cost benefit analysis comparing the contracting and staffing approaches.
(2) Limitation
The Secretary of Veterans Affairs shall not commence a mass contract cancellation until the date that is 30 days after the date on which the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives receive the submission for such cancellation under paragraph (1).
(b) Report
(1) In general
Not later than 7 business days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following:
(A)
A list of the contracts cancelled or proposed for cancellation developed by the Department and announced by the Secretary of Veterans Affairs on February 25, 2025, and, for each contract included in such list—
(i)
the justification for the need for the contract, if submitted, as written by career employees of the Department; and
(ii)
an indication of whether the entity holding the contract is a service-disabled veteran-owned small business or a veteran-owned small business.
(B)
A list of contracts announced for cancellation by the Department of Veterans Affairs on March 3, 2025, and, for each contract included in such list—
(i)
the justification for the need for the contract, if submitted, as written by career employees of the Department; and
(ii)
an indication of whether the entity holding the contract is a service-disabled veteran-owned small business or a veteran-owned small business.
(2) Data fields
Each list described in paragraph (1) shall contain, at a minimum, the following fields:
(A)
Contract/Order #/PIID.
(B)
Vendor.
(C)
Category of contract using relevant North American Industry Classification System (NAICS) terminology.
(D)
Contract description.
(E)
Date of termination or contract action.
(F)
Contracting Unique Entity Identifier.
(G)
The headquarters city and State of the vendor.
Sec. 705. Charge card program of the Department of Veterans Affairs
(a) In general
Not later than 60 days before making any change to the charge card program of the Department of Veterans Affairs, including any change reducing the total number of charge cards authorized for use, the Secretary of Veterans Affairs shall notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives in writing of the proposed change.
(b) Elements
Any notification required by subsection (a) shall include the following:
(1)
The justification for the change concerned.
(2)
The timeline for the change to occur.
(3)
A description of how the Secretary of Veterans Affairs intends to monitor for any negative effects on health care or benefits delivery.
(c) Sunset
This section shall terminate on the date on which President Trump is no longer President.
Title VIII Reporting requirements
Sec. 801. Requirement for Veterans Benefits Administration Monday Morning Workload Report
(a) In general
Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section:
5322. Monday Morning Workload Report
(a) In general
Not less frequently than once each week, the Under Secretary for Benefits shall publish on a publicly available website of the Department, a report providing a snapshot of the workload of the Veterans Benefits Administration.
(b) Contents
Each report published pursuant to subsection (a) shall include the following:
(1)
National totals for pending and backlogged compensation, pension, appeals, and education workloads of the Veterans Benefits Administration.
(2)
National, district, and regional office-level data, disaggregated by the following:
(A)
Station of jurisdiction.
(B)
Station of origination.
(C)
State.
(D)
National Work Queue, or successor queue, including—
(i)
the number of claims pending at stage of the claims life cycle; and
(ii)
average time claims are pending at each stage of a life cycle.
(3)
Data for groups of claims, disaggregated by national, district, and regional office or State level, including non-rating bundle, entitlement bundle, award adjustments bundle, program review bundle, other bundle, burial claims, accrued claims, appeals, number of claims and appeals with duty to assist errors, and such other groups as the Secretary considers appropriate.
(4)
National level data on claim and appeal inventories, disaggregated by end product code.
(5)
Regional office level data on claim and appeal inventories, disaggregated by traditional aggregate groups.
(6)
National level data on the future volume of work of which the Under Secretary is aware.
(7)
Average age of claims that have maintained continuous pursuit.
(8)
Factors contributing to the increase or decrease in workload and the claims backlog.
(9)
Such additional data as the Under Secretary considers appropriate.
(c) Publication requirement
Each report published pursuant to subsection (a) in a week shall be published on the Monday of that week, except as follows:
(1)
In a case in which the Monday of the week of publication is a Federally recognized holiday, the report shall be published on the Tuesday of that week.
(2)
In a case in which the Secretary is publishing the report required by subsection (a) more than once in a single week, any publication after the first publication may be made on any day of the week at the discretion of the Under Secretary.
(b) Clerical amendment
The table of sections at the beginning of chapter 53 of such title is amended by adding after the item relating to section 5321 the following new item:
Sec. 802. Improvements regarding periodic publication of metrics relating to processing of appeals
Section 5 of the Veterans Appeals Improvement and Modernization Act of 2017 (Public Law 115–55) is amended by adding at the end the following new paragraph:
(4)
A summary of the outcome of appeals under the new appeals system, including appeals reviewed by the Board of Veterans’ Appeals, disaggregated by—
(A)
the type of review;
(B)
station of origination;
(C)
type of appeal; and
(D)
diagnostic codes.
Sec. 803. Publication of wait times for community care from Department of Veterans Affairs
(a) In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on a publicly accessible website of each medical center of the Department of Veterans Affairs the wait times for scheduling an appointment for a veteran to receive care from a non-Department provider in the community for that medical center and each of the clinics of the Department in the catchment area of that medical center.
(b) Data To be included
The Secretary shall include in the publication under subsection (a) wait times for the following care:
(1)
Primary care.
(2)
Specialty care.
(3)
Inpatient care.
(4)
Mental health care.
(5)
Such other types of care as the Secretary considers appropriate.
(c) Update
The Secretary shall update the wait times published under subsection (a) not less frequently than weekly.
(d) Metrics used
The Secretary shall calculate the wait times published under subsection (a) based on similar metrics as the metrics used to calculate wait times for care at facilities of the Department.
Sec. 804. Period for Secretary of Veterans Affairs to respond to questions submitted by members of certain congressional committees
(a) Requirement
To the maximum extent practicable, the Secretary of Veterans Affairs shall provide—
(1)
an answer to a question submitted for the record to the Department of Veterans Affairs by a member of the Committee on Veterans’ Affairs of the Senate or the Committee on Veterans’ Affairs of the House of Representatives, on or before the date that is 45 business days after the date on which the Department receives the question;
(2)
an answer to a request for information submitted by a member of the staff of the Committee on Veterans’ Affairs of the Senate or the Committee on Veterans’ Affairs of the House of Representatives or a member of either committee, on or before the date that is 15 business days after the date on which the Department receives the request from the member of the staff or the member of the committee, as the case may be; and
(3)
an answer to a letter sent by a member of the Committee on Veterans’ Affairs of the Senate or the Committee on Veterans’ Affairs of the House of Representatives, on or before the date that is 15 business days after the date on which the Department receives the letter.
(b) Delayed responses
(1) Notice required
If the Secretary anticipates being unable to provide an answer to a question, request for information, or letter described in subsection (a) that was submitted to the Department by the date specified in such subsection, the Secretary shall, before such date, submit to the member and the relevant Committee a notice that the Secretary anticipates being unable to provide the answer by such date.
(2) Contents
Notice submitted under paragraph (1) shall include the following:
(A)
A justification for the inability of the Secretary to meet the deadline set forth in subsection (a).
(B)
An estimate of when an answer will be provided by the Secretary to the question, request for information, or letter submitted.
(C)
A description of the steps the Secretary needs to take in order to provide the response, including steps required to obtain any information required of another Federal agency.