Sponsors (13)
The bill expands and clarifies employees' right to representation (including paid duty time) during VA investigatory exams—strengthening worker protections and pay—but excludes certain senior officials and may increase administrative burden and slow disciplinary processes.
VA covered employees (VA staff) gain a clear right to have a chosen representative present during examinations that could lead to discipline, protecting them from unfair or unrepresented questioning.
VA covered employees can have representation on duty time when applicable, reducing unpaid time burdens and preserving employee pay during investigatory interviews.
VA managers and employees gain clearer rules about who is covered and who is excluded (e.g., senior executives and certain appointees), reducing ambiguity about applicability of the protections.
VA employees subject to discipline may face slower disciplinary investigations and longer resolution times because providing representation can extend interview and investigative timelines.
VA managers and administrators could face increased administrative burden and scheduling challenges to accommodate representation on duty time, adding operational complexity.
Some senior leaders and certain political appointees are excluded from the new protections, so those employees will not receive the right to representation during examinations.
Based on analysis of 2 sections of legislative text.
Gives most VA employees the right to have a representative present during investigatory examinations that may lead to discipline, upon request.
Official title: To amend title 38, United States Code, to provide covered employees of the Department of Veterans Affairs the right to be represented during examinations that may result in disciplinary actions against the covered employee.
Introduced November 10, 2025 by Delia Ramirez · Last progress November 10, 2025
Guarantees most Department of Veterans Affairs (VA) employees the right to have a representative of their choice present during any examination they reasonably believe could result in disciplinary action, if the employee requests representation. It defines which VA employees are covered and specifically excludes senior executives, certain statutory appointments, and political appointees. The bill inserts a new section into chapter 7 of title 38, U.S.C., adding this procedural protection and updating the chapter table of sections. It creates an employee right rather than making only clerical changes.