Personnel Integrity in Veterans Affairs Act of 2025
- Sponsor
- Rep. Franklin, Scott [R-FL-18]
- Committees
- Veterans' Affairs Committee (primary)
- Last action
- Jun 11, 2025
Bottom line
The bill aims to increase accountability for VA employees by ensuring that personnel investigations are completed and adverse findings are permanently recorded, even if the employee leaves the Department, while also increasing congressional oversight of VA political appointees.
What it actually does
This bill amends title 38, United States Code, to require the Department of Veterans Affairs (VA) to continue personnel investigations of covered employees even if they resign, retire, transfer, or separate from employment. If an investigation concludes with an adverse finding, a permanent notation must be made in the employee's official personnel record file. The bill also requires the Secretary of the VA to submit annual performance plans for political appointees to Congress.
Proponents argue
Supporters argue this bill enhances accountability and transparency within the Department of Veterans Affairs by preventing employees from avoiding consequences for misconduct or poor performance by simply leaving their positions. They contend it ensures that a full record of an employee's conduct, including any adverse findings from investigations, follows them, potentially preventing future employment in similar roles without full disclosure.
Opponents contend
Critics might argue that this bill could create a chilling effect, potentially discouraging qualified individuals from working at the VA due to concerns about prolonged investigations and permanent notations, even if findings are later overturned on appeal. They might also raise concerns about the potential for abuse or politically motivated investigations, and the administrative burden on former employees to clear their names.
The bill is relatively short and its core provisions are clear, allowing for a quick understanding of its main intent.
Section 2
Congressional Submission of VA Political Appointee Performance Plans
This section amends existing law to require the Secretary of Veterans Affairs to submit annual performance plans for political appointees to the House and Senate Committees on Veterans' Affairs within 30 days of their completion. This adds a new oversight requirement for Congress regarding the performance of politically appointed VA officials.
Supporters argue
Supporters argue this provision increases transparency and accountability for political appointees within the VA, ensuring Congress is informed about their performance and can exercise better oversight.
Critics contend
No specific opposition is typically raised against this provision, as it is generally seen as a measure to enhance transparency and oversight without directly impacting employee rights or benefits. Some might argue it adds administrative burden.
Tradeoffs
Balances the need for congressional oversight with potential administrative burden on the VA to compile and submit these plans.
Section 3, adding new Section 729 to title 38, United States Code
Permanent Notation of Eligible Personnel Investigations for Separated VA Employees
This provision mandates that if a 'covered employee' (competitive, excepted, or Senior Executive Service) at the VA is under an 'eligible personnel investigation' and separates from employment before its resolution, the investigation must continue to completion. If an adverse finding results, a permanent notation must be made in their official personnel record file within 40 days. The Secretary cannot consider the employee's separation when carrying out the investigation.
Section 3, adding new Section 729(c), (d), (e) to title 38, United States Code
Due Process and Appeal Rights for Personnel Record Notations
Before making a permanent notation, the Secretary must notify the employee in writing within 5 days of the investigation's resolution, provide a copy of adverse findings, and allow at least 30 days for a written response and submission of evidence. The employee is entitled to appeal the decision to the Merit Systems Protection Board (MSPB) and a Disciplinary Appeals Board. If an appeal is filed, a temporary notation of the pending appeal is made. If the employee prevails, both the temporary and permanent adverse notations are removed.
Section 3, adding new Section 729(f)(2) to title 38, United States Code
Scope of Investigations Requiring Notation
This section broadly defines 'eligible personnel investigation' to include investigations by an Inspector General, prospective investigations that could recommend adverse action under various chapters of title 5 and 38 (e.g., performance, misconduct), internal VA investigations (Office of Accountability and Whistleblower Protection, Medical Inspector, General Counsel), and investigations by other federal agencies like the Office of Special Counsel or the Equal Employment Opportunity Commission, provided they commence within 60 days of the employee's separation.
An 'eligible personnel investigation' must commence not later than 60 days after the date on which the covered employee separates from employment.
Section 3, adding new Section 729(f)(2)(A)
Why it matters:This is standard legislative practice for defining terms, but the specific timeframe is a critical detail that limits the bill's applicability.
Case for: Supporters would argue this provides a reasonable window for investigations to be initiated after an employee's departure, preventing indefinite pursuit of former employees while still allowing for necessary accountability.
Case against: Critics might argue that 60 days could be too short for complex cases where misconduct is only discovered much later, potentially allowing some individuals to escape scrutiny if the issue isn't identified promptly.
Estimated impact: This timeframe dictates which post-separation investigations are covered by the bill, potentially limiting the scope of accountability to issues identified relatively quickly after an employee's departure.