Section 1 Short title
This Act may be cited as the “VA Funding and Workforce Protection Act”.
VA Funding and Workforce Protection Act
A BILL
To limit the deferral or transfer of Federal funds made available to the Department of Veterans Affairs, to limit layoffs and other personnel actions at the Department, and for other purposes.
Sec. 2 Limitation on deferral or transfer of Federal funds made available for Department of Veterans Affairs
In general— Notwithstanding any other provision of law, including the Impoundment Control Act of 1974, discretionary appropriations made available for the Department of Veterans Affairs (in this Act referred to as the “Department”), including the Veterans Health Administration, may not be impounded, transferred, or reprogrammed unless specific statutory authority is enacted into law after the date of the enactment of this Act, with express reference to this Act, permitting such impoundment, transfer, or reprogramming.
Notification— The Secretary of the Department of Veterans Affairs (in this Act referred to as the “Secretary”) shall notify the Committees on Veterans’ Affairs of the House of Representatives and the Senate if the Secretary determines that the Department is within 30 days of having a shortfall of funding.
Sec. 3 Personnel requirements for Department of Veterans Affairs
Exemption from hiring freeze— The Department shall be exempt from any hiring freeze issued by the President, the Secretary, or the Director of the Office of Personnel Management during the period beginning on January 20, 2025, and ending on January 20, 2029.
Reinstatement of veterans— With respect to any veteran (as that term is defined in section 101 of title 38, United States Code) who was a career employee of the Department and whom the Secretary removed from employment with the Department during the period beginning on January 20, 2025, and ending on the date of the enactment of this Act, the Secretary shall—
reinstate such veteran to the position (or equivalent position) such veteran occupied on the date that is one day before the date of removal; and
exempt such veteran from separation under any reduction in force that occurs before January 20, 2029.
Limitation on layoffs—
In general— The Secretary shall submit written notice, to the Committees on Veterans’ Affairs of the House of Representatives and the Senate, not later than 15 days before the date that the Department will remove any officer or employee under a reduction in force or an agency reorganization.
Probationary employees—
In general— Notwithstanding any other provision of law, no employee of the Department in probationary status may be removed from a position at the Department without the enactment into law after the date of the enactment of this section, with express reference to this section, permitting such removal.
Notification— The Secretary shall submit to Congress—
on the date the Secretary removes a probationary employee for poor performance, a report that includes the reasons for the removal, the employee’s most recent performance appraisal, and the removal notice submitted to the employee; and
not later than 30 days after the date of the enactment of this Act and every 30 days thereafter, a list of any probationary employees at the Department that received a removal notice during the period covered by the report.
Sec. 4 Certification of compliance
Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall certify (in writing), to the Committees on Appropriations of the House of Representatives and the Senate and the Committees on Veterans’ Affairs of the House of Representatives and the Senate, that the Secretary is in compliance with the requirements of this Act.