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S. 4400IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 4400

Department of Veterans Affairs reduction in force notice requirement

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(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: 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..