,,ii #aaith ,,congress #b;d ,session ,s4 #ddjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjbf,mr4 ,moran 7for himself and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 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 force1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,optimizing the ,department of ,veterans ,affairs ,workforce for ,veterans ,act of #bjbf or the ,optimizing the ,,va ,workforce for ,veterans ,act of #bjbf4 #b4 ,department of ,veterans ,affairs strategic human capital plan 7a7 ,in general ,subchapter ,i of chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gbi4 ,strategic human capital plan 7a7 ,plan development 7#a7 ,not later than ,september #cj1 #bjbg1 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 ,department1 disaggregated by the ,veterans ,health ,administration1 the ,veterans ,benefits ,administration1 the ,national ,cemetery ,administration1 and such other administrative components of the ,department as the ,secretary considers necessary to carry out the mission of the ,department4 7#b7 ,not later than ,september #cj1 #bjbh1 and each ,september #cj thereafter1 the ,secretary shall update the plan developed pursuant to paragraph 7#a7 and extend the plan so that it covers the next period of five fiscal years commencing immediately after the date of the update4 7b7 ,requirements 7#a7 ,in developing the plan required by subsection 7a71 the ,secretary shall take into account and document current and future projected demand for benefits and services administered by the ,department1 disaggregated for each component by facility location1 facility type1 region1 administration1 program office1 the type of benefit or service1 and such other categories as the ,secretary determines appropriate4 7#b7 ,the ,secretary shall develop and update the plan under subsection 7a7 in consultation with veterans service organizations and such other stakeholders as the ,secretary considers appropriate4 7c7 ,contents ,the strategic human capital plan required by subsection 7a7 shall incorporate leading practices1 including the following3 7#a7 ,a workforce gap analysis1 including an assessment of-- 7,a7 the staffing levels of each employee position needed to deliver high quality1 accessible1 and timely health care1 benefits1 and other services the ,secretary considers appropriate1 disaggregated by employee position1 facility location1 facility type1 region1 administration1 program office1 the type of benefit or service1 and such other categories as the ,secretary determines appropriate2 7,b7 how the staffing levels described in subparagraph 7,a7 align with industry best practices in each employee position for the anticipated demand for health care1 benefits1 and other services described in subsection 7b72 and 7,c7 core competencies1 as defined by the ,secretary1 and the staffing levels needed in each of these core competencies1 disaggregated by employee position1 facility location1 facility type1 region1 administration1 program office1 the type of benefit or service and such other categories as the ,secretary considers appropriate4 7#b7 ,an implementation plan that includes the following3 7,a7 ,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 goals4 7,b7 ,specific strategies-- 7i7 to improve workforce productivity using technological1 organizational1 behavioral1 and such other approaches as the ,secretary determines appropriate and productivity measures that are specific to employee positions and the benefits or services they provide2 and 7ii7 that are informed by applicable industry best practices4 7,c7 ,specific strategies for recruiting and retaining veterans1 spouses of veterans and members of the ,armed ,forces1 family members of veterans and members of the ,armed ,forces1 caregivers of veterans1 and survivors of members of the ,armed ,forces as employees of the ,department4 7,d7 ,specific goals to reduce the time to hire and onboard employees of the ,department and a strategy to achieve such goals1 including draft legislative language for any legislative action necessary to achieve such goals1 without degradation of-- 7i7 necessary background checks2 and 7ii7 measures to protect ,department customer and employee safety4 7d7 ,annual updates ,not later than ,september #cj1 #bjbh1 and ,september #cj of each of year thereafter1 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 7a71 including an assessment by the ,secretary of-- 7#a7 the progress of the ,department in implementing the strategic human capital plan2 7#b7 the progress of the ,department in improving outcomes for veterans and their spouses1 dependents1 and caregivers through the delivery of high quality1 accessible1 and timely health care1 benefits1 and other services the ,secretary considers appropriate using results based performance measures2 7#c7 changes to projected demand for benefits and services based on new legislative action or other factors1 disaggregated for each component by facility location1 facility type1 region1 administration1 program office and the type of benefit or service2 7#d7 changes to the staffing levels included in the strategic human capital plan1 including justifications for such changes1 disaggregated by employee position1 facility location1 facility type1 region1 administration1 program office1 the type of benefit or service and such other categories as the ,secretary determines appropriate2 7#e7 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 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca72 and 7#f7 any differentiation from the ,quadrennial ,veterans ,health ,administration review required by section #gccj;,c of this title4 7e7 ,comptroller ,general of the ,united ,states biennial reviews ,not later than #ahj days after the date on which the human capital plan is submitted to the appropriate committees of ,congress pursuant to subsection 7a71 and not less frequently than once every #b years thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 review the strategic human capital plan developed pursuant to subsection 7a7 and updated pursuant to subsection 7d71 as the case may be1 particularly with respect to the adequacy of the plan to fulfill the mission and responsibilities of the ,department2 and 7#b7 submit to ,congress the findings of the ,comptroller ,general with respect to the review conducted pursuant to paragraph 7#a74 7f7 ,definitions ,in this section3 7#a7 ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,the term veterans service organization means any organization recognized by the ,secretary under section #eijb of this title4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title is amended by inserting after the item relating to section #gbh the following new item3 #gbi4 ,strategic human capital plan4 4 #c4 ,department of ,veterans ,affairs reduction in force notice requirement 7a7 ,in general ,subchapter ,i of chapter #g of title #ch1 ,united ,states ,code1 as amended by section #b7;a71 is further amended by inserting after section #gbi the following new section3 #gbi;,a4 ,reductions in force 7a7 ,notice required ,in any case in which the ,secretary plans to carry out a reduction in force1 the ,secretary shall1 not later than the date that is #fj days before the date on which the ,secretary commences carrying out such reduction in force1 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 force4 7b7 ,limitation ,notwithstanding any other provision of law1 the ,secretary may not carry out any reduction in force with respect to any employee who has not received the notice required under subsection 7a7 in the manner and within the time required by such subsection4 7c7 ,contents ,notice regarding plans to carry out a reduction in force submitted pursuant to subsection 7a7 shall include the following3 7#a7 ,the total number of employees of the ,department who will be affected by the reduction4 7#b7 ,the offices of the ,department that will be affected by the reduction1 including1 for each such office1 the following3 7,a7 ,the location of the office4 7,b7 ,the program of the ,department carried out by the office4 7,c7 ,the total number of employees of the office before and after the reduction in force4 7,d7 ,the services provided by the office4 7#c7 ,a justification for the reduction in force1 including how-- 7,a7 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 ,department1 disaggregated for each component by facility location1 facility type1 region1 administration1 program office1 the type of benefit or service1 and such other categories as the ,secretary determines appropriate2 and 7,b7 the reduction in force aligns with the strategic human capital plan required by section #gbi of this title4 7#d7 ,budgetary effects of the reduction in force4 7#e7 ,how the reduction in force will improve the benefits or services furnished by the ,department4 7d7 ,equal content ,a notice regarding a reduction in force sent to an employee pursuant to subsection 7a7 shall be the same as the notice submitted under such subsection to ,congress for the same reduction in force4 7e7 ,administrative remedy ,notwithstanding section #bcjb7;a77#b77;,b7 of title #e1 the failure to comply with subsection 7a7 of this section shall be considered to be a personnel action that is prohibited under section #bcjb7;b7 of title #e1 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 7a7 of this section4 7f7 ,definitions ,in this section3 7#a7 ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,the term reduction in force means any action that would have required notice under part #cea of title #e1 ,code of ,federal ,regulations1 as in effect on ,january #a1 #bjbf4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #g of such title1 as amended by section #b7;b71 is further amended by inserting after the item relating to section #gbi the following new item3 #gbi;,a4 ,reductions in force4 4 #d4 ,detailed plans and justifications for reorganization of offices ,section #eaj of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#b7-- 7,a7 in subparagraph 7,d71 by inserting in improving outcomes for veterans and their spouses1 dependents1 and caregivers through the delivery of high quality1 accessible1 and timely health care1 benefits1 and other services the ,secretary considers appropriate before the period at the end2 and 7,b7 by adding at the end the following new subparagraphs3 7,g7 ,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 reorganization4 7,h7 ,a risk mitigation plan that includes every identified possible risk from the reorganization and how the ,secretary will mitigate each of the identified risks4 2 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 and 7#c7 by inserting after subsection 7d7 the following new subsection 7e73 7e7 ,not later than #ahj days after the date on which the ,secretary completes an administrative reorganization for which the ,secretary submitted under subsection 7b7 a report containing a detailed plan and justification for the administrative reorganization1 and not less frequently than once every #ahj days thereafter until the date that is two years after the date of the completion of such administrative reorganization1 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 7g77#b77;,g74 4 #e4 ,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 ,act4