PolicyBrief
H.R. 3185
119th CongressMay 5th 2025
Personnel Integrity in Veterans Affairs Act of 2025
IN COMMITTEE

This bill mandates the submission of annual performance plans for VA political appointees to Congress and requires the VA to complete and permanently note certain personnel investigations in the files of departing employees.

C. Franklin
R

C. Franklin

Representative

FL-18

LEGISLATION

VA Bill Mandates Permanent File Notation for Employees Under Investigation Who Quit

The “Personnel Integrity in Veterans Affairs Act of 2025” is a two-part bill focused on tightening accountability at the Department of Veterans Affairs (VA). The first part is straightforward: it requires the VA Secretary to send the annual performance plans for top political appointees directly to the Veterans’ Affairs Committees in the House and Senate within 30 days of the review being completed (SEC. 2). This is essentially a transparency measure, ensuring Congress gets a quick look at how the VA’s high-level leadership is performing.

The Investigation That Follows You

The second part of the bill, outlined in Section 3, is where things get interesting—and potentially complicated—for VA employees. This section deals with what happens when a VA employee is under a serious personnel investigation but quits, retires, or transfers before the investigation is finished. Currently, if you leave, the investigation often just stops. This bill changes that: it mandates that the VA must complete the investigation regardless of the employee’s departure.

The Permanent Record and the Due Process Trade-Off

If that completed investigation results in an “adverse finding”—meaning the employee was found to have engaged in misconduct or performance issues that could have led to their removal—the VA Secretary must put a permanent notation about that finding in the employee’s official personnel file (SEC. 3). Think of this as a permanent black mark following you into any future employment, especially if you plan to work for another federal agency or a contractor.

This is a big deal because a permanent notation can severely impact a person’s career prospects. However, the bill does build in significant due process protections. Before that notation is made, the former employee must be notified in writing within five days of the adverse finding and given at least 30 days to respond and present their own evidence (SEC. 3). They also get the right to appeal the decision to note the finding to either the Merit Systems Protection Board (MSPB) or the VA’s Disciplinary Appeals Board. If an appeal is filed, the VA must update the file to show the appeal is pending.

Who This Impacts and Why It Matters

For veterans and the public, this bill is designed to increase accountability. It closes a loophole where employees facing serious misconduct allegations could simply resign to avoid a final finding on their record, potentially protecting them from future scrutiny. Now, the VA has to follow through, ensuring that a record of the finding exists.

For the former employee, the benefit is clear due process and the right to appeal. The challenge, however, is the permanence of the notation. Even with the right to appeal, a permanent negative entry in a federal personnel file is a serious penalty. The bill defines an “eligible personnel investigation” as one started within 60 days of the employee leaving, covering internal VA investigations, Inspector General probes, or those from agencies like the Office of Special Counsel. This means the VA has a 60-day window after a departure to initiate an investigation that could result in a permanent record.

In short, this bill is a serious step toward ensuring that accountability at the VA doesn't end just because an employee walks out the door. It balances this goal by giving employees robust rights to fight the finding, but the administrative burden on the VA to complete these investigations and manage the appeals process will be substantial.