H.R. 3185

[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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