[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7734 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 511
118th CONGRESS
  2d Session
                                H. R. 7734

                          [Report No. 118-613]

  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 
                             circumstances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2024

Mr. Scott Franklin of Florida introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

                             July 30, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               20, 2024]


_______________________________________________________________________

                                 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 
                             circumstances.


 


    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 2024''.

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.''.

SEC. 4. MODIFICATION OF CERTAIN HOUSING LOAN FEES.

    The loan fee table in section 3729(b)(2) of title 38, United States 
Code, is amended by striking ``November 15, 2031'' each place it 
appears and inserting ``November 29, 2031''.
                                                 Union Calendar No. 511

118th CONGRESS

  2d Session

                               H. R. 7734

                          [Report No. 118-613]

_______________________________________________________________________

                                 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 
                             circumstances.

_______________________________________________________________________

                             July 30, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed