,,ib ,union ,calendar ,no4 #eaa #aahth ,,congress #b;d ,session ,h4 ,r4 #ggcd ,report ,no4 #aah-fac ,,in ,,the ,,house ,,of ,,representatives ,march #bj1 #bjbd,mr4 ,scott ,franklin of ,florida introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,july #cj1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,march #bj1 #bjbd ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 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 circumstances4 #a4 ,short title ,this ,act may be cited as the ,personnel ,integrity in ,veterans ,affairs ,act of #bjbd4 #b4 ,submission to ,congress of annual performance plans for ,department of ,veterans ,affairs political appointees ,section #gbe of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,submission to ,congress ,not later than #cj days after the date of the completion of an annual performance under subsection 7a71 the ,secretary shall submit the plan to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives4 4 #c4 ,notation in ,department of ,veterans ,affairs employee personnel record file of personnel investigation required 7a7 ,in general ,subchapter ,i of chapter #g of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gbi4 ,notation in ,department of ,veterans ,affairs employee personnel record file of eligible personnel investigation 7a7 ,notation required ,notwithstanding section #ccbb of title #e or chapter #gd of this title1 with respect to a covered employee who is the subject of an eligible personnel investigation and who resigns1 retires1 transfers1 or otherwise separates from employment with the ,department prior to the resolution of such eligible personnel investigation1 the ,secretary shall-- 7#a7 continue such eligible personnel investigation until it is completed2 and 7#b7 not later than #dj days after the date such eligible personnel investigation is completed1 make a permanent notation of such eligible personnel investigation in the official personnel record file of such covered employee4 7b7 ,certain consideration prohibited ,in carrying out an eligible personnel investigation1 the ,secretary may not consider the resignation1 retirement1 transfer1 or any other separation from employment with the ,department of the covered employee subject to such eligible personnel investigation4 7c7 ,notification required ,prior to making a permanent notation in the official personnel record of a covered employee under subsection 7a71 the ,secretary shall-- 7#a7 notify the employee in writing within #e days of the resolution of the eligible personnel investigation and provide such covered employee a copy of the adverse finding and any supporting documentation2 7#b7 provide the covered employee with a reasonable time1 but not less than #cj days1 to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded 7a summary of which shall be included in any notation made to the personnel file of such employee under subsection 7e772 and 7#c7 provide a written decision and the specific reasons therefore to the employee at the earliest practicable date4 7d7 ,right to appeal ,a covered employee is entitled to appeal the decision of the ,secretary to make a permanent notation under subsection 7a7 to-- 7#a7 the ,merit ,systems ,protection ,board under section #ggja of title #e2 and 7#b7 a ,disciplinary ,appeals ,board under section #gdfd of this title4 7e7 ,notation of appeal 7#a7 ,if a covered employee files an appeal with the ,merit ,systems ,protection ,board pursuant to subsection 7c71 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 #b weeks after the date on which such appeal was filed4 7#b7 ,if the ,secretary is the prevailing party on appeal1 not later than #b weeks after the date that the ,board issues the appeal decision1 the ,secretary shall remove the notation made under paragraph 7#a7 from the official personnel record file of the covered employee4 7#c7 ,if the covered employee is the prevailing party on appeal1 not later than #b weeks after the date that the ,board issues the appeal decision1 the ,secretary shall remove the notation made under paragraph 7#a7 and the notation of an adverse finding made under subsection 7a7 from the official personnel record file of the covered employee4 7f7 ,definitions ,in this section3 7#a7 ,the term covered employee means an employee in the competitive service1 the excepted service1 or the ,senior ,executive ,service within the ,department4 7#b7 ,the term eligible personnel investigation-- 7,a7 means a personnel investigation that commences not later than #fj days after the date on which the covered employee subject to such personnel investigation resigns1 retires1 transfers1 or otherwise separates from employment with the ,department2 and 7,b7 includes-- 7i7 an investigation by an ,inspector ,general2 and 7ii7 a prospective investigation that may recommend an adverse personnel action as a result of alleged performance1 misconduct1 or for such cause as will promote the efficiency of the service under-- 7,i7 chapter #dc of title #e2 7,,ii7 chapter #ge of such title2 7,,iii7 chapter #gd of this title2 or 7,,iv7 section #eja of this title2 7iii7 an adverse personnel action as a result of performance1 misconduct1 or for such cause as will promote the efficiency of the service under the provisions specified in subclauses 7,i7 through 7,,iv7 of clause 7ii72 7iv7 an internal investigation carried out by the ,secretary1 including through-- 7,i7 the ,office of ,accountability and ,whistleblower ,protection of the ,department2 7,,ii7 the ,office of the ,medical ,inspector of the ,veterans ,health ,administration2 and 7,,iii7 the ,general ,counsel of the ,department2 and 7v7 an investigation carried out by the head of any other ,federal agency responsible for investigation allegations of employee misconduct1 including the head of-- 7,i7 the ,office of the ,special ,counsel2 and 7,,ii7 the ,equal ,employment ,opportunity ,commission4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gbh the following new item3 #gbi4 ,notation in ,department of ,veterans ,affairs employee personnel record file of personnel investigation4 4 #d4 ,modification of certain housing loan fees ,the loan fee table in section #cgbi7;b77#b7 of title #ch1 ,united ,states ,code1 is amended by striking ,november #ae1 #bjca each place it appears and inserting ,november #bi1 #bjca4 ,july #cj1 #bjbd,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed