[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3185 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3185
To amend title 38, United States Code, to require a notation in the
personnel record file of certain employees of the Department of
Veterans Affairs who resign from Government employment under certain
conditions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2025
Mr. Scott Franklin of Florida introduced the following bill; which was
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require a notation in the
personnel record file of certain employees of the Department of
Veterans Affairs who resign from Government employment under certain
conditions, 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 ``Personnel Integrity in Veterans
Affairs Act of 2025''.
SEC. 2. SUBMISSION TO CONGRESS OF ANNUAL PERFORMANCE PLANS FOR
DEPARTMENT OF VETERANS AFFAIRS POLITICAL APPOINTEES.
Section 725 of title 38, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Submission to Congress.--Not later than 30 days after the
date of the completion of an annual performance under subsection (a),
the Secretary shall submit the plan to the Committees on Veterans'
Affairs of the Senate and House of Representatives.''.
SEC. 3. NOTATION IN DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE PERSONNEL
RECORD FILE OF PERSONNEL INVESTIGATION REQUIRED.
(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. Notation in Department of Veterans Affairs employee
personnel record file of eligible personnel investigation
``(a) Notation Required.--Notwithstanding section 3322 of title 5
or chapter 74 of this title, with respect to a covered employee who is
the subject of an eligible personnel investigation and who resigns,
retires, transfers, or otherwise separates from employment with the
Department prior to the resolution of such eligible personnel
investigation, the Secretary shall--
``(1) continue such eligible personnel investigation until
it is completed; and
``(2) not later than 40 days after the date such eligible
personnel investigation is completed, make a permanent notation
of such eligible personnel investigation in the official
personnel record file of such covered employee.
``(b) Certain Consideration Prohibited.--In carrying out an
eligible personnel investigation, the Secretary may not consider the
resignation, retirement, transfer, or any other separation from
employment with the Department of the covered employee subject to such
eligible personnel investigation.
``(c) Notification Required.--Prior to making a permanent notation
in the official personnel record of a covered employee under subsection
(a), the Secretary shall--
``(1) notify the employee in writing within 5 days of the
resolution of the eligible personnel investigation and provide
such covered employee a copy of the adverse finding and any
supporting documentation;
``(2) provide the covered employee with a reasonable time,
but not less than 30 days, to respond in writing and to furnish
affidavits and other documentary evidence to show why the
adverse finding was unfounded (a summary of which shall be
included in any notation made to the personnel file of such
employee under subsection (e)); and
``(3) provide a written decision and the specific reasons
therefore to the employee at the earliest practicable date.
``(d) Right To Appeal.--A covered employee is entitled to appeal
the decision of the Secretary to make a permanent notation under
subsection (a) to--
``(1) the Merit Systems Protection Board under section 7701
of title 5; and
``(2) a Disciplinary Appeals Board under section 7464 of
this title.
``(e) Notation of Appeal.--(1) If a covered employee files an
appeal with the Merit Systems Protection Board pursuant to subsection
(c), the Secretary shall make a notation in the official personnel
record file of the covered employee indicating that an appeal disputing
the notation is pending not later than 2 weeks after the date on which
such appeal was filed.
``(2) If the Secretary is the prevailing party on appeal, not later
than 2 weeks after the date that the Board issues the appeal decision,
the Secretary shall remove the notation made under paragraph (1) from
the official personnel record file of the covered employee.
``(3) If the covered employee is the prevailing party on appeal,
not later than 2 weeks after the date that the Board issues the appeal
decision, the Secretary shall remove the notation made under paragraph
(1) and the notation of an adverse finding made under subsection (a)
from the official personnel record file of the covered employee.
``(f) Definitions.--In this section:
``(1) The term `covered employee' means an employee in the
competitive service, the excepted service, or the Senior
Executive Service within the Department.
``(2) The term `eligible personnel investigation'--
``(A) means a personnel investigation that
commences not later than 60 days after the date on
which the covered employee subject to such personnel
investigation resigns, retires, transfers, or otherwise
separates from employment with the Department; and
``(B) includes--
``(i) an investigation by an Inspector
General; and
``(ii) a prospective investigation that may
recommend an adverse personnel action as a
result of alleged performance, misconduct, or
for such cause as will promote the efficiency
of the service under--
``(I) chapter 43 of title 5;
``(II) chapter 75 of such title;
``(III) chapter 74 of this title;
or
``(IV) section 501 of this title;
``(iii) an adverse personnel action as a
result of performance, misconduct, or for such
cause as will promote the efficiency of the
service under the provisions specified in
subclauses (I) through (IV) of clause (ii);
``(iv) an internal investigation carried
out by the Secretary, including through--
``(I) the Office of Accountability
and Whistleblower Protection of the
Department;
``(II) the Office of the Medical
Inspector of the Veterans Health
Administration; and
``(III) the General Counsel of the
Department; and
``(v) an investigation carried out by the
head of any other Federal agency responsible
for investigation allegations of employee
misconduct, including the head of--
``(I) the Office of the Special
Counsel; and
``(II) the Equal Employment
Opportunity Commission.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
728 the following new item:
``729. Notation in Department of Veterans Affairs employee
personnel record file of personnel
investigation.''.
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