I 
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 Govern-
ment employment under certain conditions, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. SUBMISSION TO CONGRESS OF ANNUAL PERFORM-
ANCE PLANS FOR DEPARTMENT OF VET-
ERANS AFFAIRS POLITICAL APPOINTEES. 
Section 725 of title 38, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date of the completion of an annual per-
formance 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: 
‘‘§ 729. Notation in Department of Veterans Affairs 
employee personnel record file of eligible 
personnel investigation 
‘‘(a) NOTATION REQUIRED.—Notwithstanding sec-
tion 3322 of title 5 or chapter 74 of this title, with respect 
to a covered employee who is the subject of an eligible 
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personnel investigation and who resigns, retires, transfers, 
or otherwise separates from employment with the Depart-
ment prior to the resolution of such eligible personnel in-
vestigation, the Secretary shall— 
‘‘(1) continue such eligible personnel investiga-
tion 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 inves-
tigation in the official personnel record file of such 
covered employee. 
‘‘(b) CERTAIN CONSIDERATION PROHIBITED.—In 
carrying out an eligible personnel investigation, the Sec-
retary may not consider the resignation, retirement, trans-
fer, or any other separation from employment with the De-
partment 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 inves-
tigation and provide such covered employee a copy 
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of the adverse finding and any supporting docu-
mentation; 
‘‘(2) provide the covered employee with a rea-
sonable time, but not less than 30 days, to respond 
in writing and to furnish affidavits and other docu-
mentary evidence to show why the adverse finding 
was unfounded (a summary of which shall be in-
cluded 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 en-
titled 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 sec-
tion 7464 of this title. 
‘‘(e) NOTATION OF APPEAL.—(1) If a covered em-
ployee 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 
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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 ap-
peal, 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 per-
sonnel 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 re-
move the notation made under paragraph (1) and the no-
tation of an adverse finding made under subsection (a) 
from the official personnel record file of the covered em-
ployee. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered employee’ means an em-
ployee in the competitive service, the excepted serv-
ice, or the Senior Executive Service within the De-
partment. 
‘‘(2) The term ‘eligible personnel investiga-
tion’— 
‘‘(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, 
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transfers, or otherwise separates from employ-
ment with the Department; and 
‘‘(B) includes— 
‘‘(i) an investigation by an Inspector 
General; and 
‘‘(ii) a prospective investigation that 
may recommend an adverse personnel ac-
tion as a result of alleged performance, 
misconduct, or for such cause as will pro-
mote 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; 
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‘‘(II) the Office of the Medical 
Inspector of the Veterans Health Ad-
ministration; and 
‘‘(III) the General Counsel of the 
Department; and 
‘‘(v) an investigation carried out by 
the head of any other Federal agency re-
sponsible for investigation allegations of 
employee misconduct, including the head 
of— 
‘‘(I) the Office of the Special 
Counsel; and 
‘‘(II) the Equal Employment Op-
portunity 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.’’. 
Æ 
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