IB 

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] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Personnel Integrity in 

5 Veterans Affairs Act of 2024’’. 

6 SEC. 2. SUBMISSION TO CONGRESS OF ANNUAL PERFORM7 ANCE PLANS FOR DEPARTMENT OF VET8 ERANS AFFAIRS POLITICAL APPOINTEES. 

9 Section 725 of title 38, United States Code, is amend10 ed— 

11 (1) by redesignating subsection (c) as subsection 

12 (d); and 

13 (2) by inserting after subsection (b) the following 

14 new subsection (c): 

15 ‘‘(c) SUBMISSION TO CONGRESS.—Not later than 30 

16 days after the date of the completion of an annual perform17 ance under subsection (a), the Secretary shall submit the 

18 plan to the Committees on Veterans’ Affairs of the Senate 

19 and House of Representatives.’’. 

20 SEC. 3. NOTATION IN DEPARTMENT OF VETERANS AFFAIRS 

21 EMPLOYEE PERSONNEL RECORD FILE OF 

22 PERSONNEL INVESTIGATION REQUIRED. 

23 (a) IN GENERAL.—Subchapter I of chapter 7 of title 

24 38, United States Code, is amended by adding at the end 

25 the following new section: 


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1 ‘‘§ 729. Notation in Department of Veterans Affairs 

2 employee personnel record file of eligible 

3 personnel investigation 

4 ‘‘(a) NOTATION REQUIRED.—Notwithstanding section 

5 3322 of title 5 or chapter 74 of this title, with respect to 

6 a covered employee who is the subject of an eligible per7 sonnel investigation and who resigns, retires, transfers, or 

8 otherwise separates from employment with the Department 

9 prior to the resolution of such eligible personnel investiga10 tion, the Secretary shall— 

11 ‘‘(1) continue such eligible personnel investiga12 tion until it is completed; and 

13 ‘‘(2) not later than 40 days after the date such 

14 eligible personnel investigation is completed, make a 

15 permanent notation of such eligible personnel inves16 tigation in the official personnel record file of such 

17 covered employee. 

18 ‘‘(b) CERTAIN CONSIDERATION PROHIBITED.—In car19 rying out an eligible personnel investigation, the Secretary 

20 may not consider the resignation, retirement, transfer, or 

21 any other separation from employment with the Depart22 ment of the covered employee subject to such eligible per23 sonnel investigation. 

24 ‘‘(c) NOTIFICATION REQUIRED.—Prior to making a 

25 permanent notation in the official personnel record of a cov26 ered employee under subsection (a), the Secretary shall— 


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1 ‘‘(1) notify the employee in writing within 5 

2 days of the resolution of the eligible personnel inves3 tigation and provide such covered employee a copy of 

4 the adverse finding and any supporting documenta5 tion; 

6 ‘‘(2) provide the covered employee with a reason7 able time, but not less than 30 days, to respond in 

8 writing and to furnish affidavits and other documen9 tary evidence to show why the adverse finding was 

10 unfounded (a summary of which shall be included in 

11 any notation made to the personnel file of such em12 ployee under subsection (e)); and 

13 ‘‘(3) provide a written decision and the specific 

14 reasons therefore to the employee at the earliest prac15 ticable date. 

16 ‘‘(d) RIGHT TO APPEAL.—A covered employee is enti17 tled to appeal the decision of the Secretary to make a per18 manent notation under subsection (a) to— 

19 ‘‘(1) the Merit Systems Protection Board under 

20 section 7701 of title 5; and 

21 ‘‘(2) a Disciplinary Appeals Board under section 

22 7464 of this title. 

23 ‘‘(e) NOTATION OF APPEAL.—(1) If a covered employee 

24 files an appeal with the Merit Systems Protection Board 

25 pursuant to subsection (c), the Secretary shall make a notaVerDate Sep 11 2014 00:05 Jul 31, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H7734.RH H7734

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1 tion in the official personnel record file of the covered em2 ployee indicating that an appeal disputing the notation is 

3 pending not later than 2 weeks after the date on which such 

4 appeal was filed. 

5 ‘‘(2) If the Secretary is the prevailing party on appeal, 

6 not later than 2 weeks after the date that the Board issues 

7 the appeal decision, the Secretary shall remove the notation 

8 made under paragraph (1) from the official personnel 

9 record file of the covered employee. 

10 ‘‘(3) If the covered employee is the prevailing party 

11 on appeal, not later than 2 weeks after the date that the 

12 Board issues the appeal decision, the Secretary shall remove 

13 the notation made under paragraph (1) and the notation 

14 of an adverse finding made under subsection (a) from the 

15 official personnel record file of the covered employee. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘covered employee’ means an em18 ployee in the competitive service, the excepted service, 

19 or the Senior Executive Service within the Depart20 ment. 

21 ‘‘(2) The term ‘eligible personnel investigation’— 

22 ‘‘(A) means a personnel investigation that 

23 commences not later than 60 days after the date 

24 on which the covered employee subject to such 

25 personnel investigation resigns, retires, transfers, 


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1 or otherwise separates from employment with the 

2 Department; and 

3 ‘‘(B) includes— 

4 ‘‘(i) an investigation by an Inspector 

5 General; and 

6 ‘‘(ii) a prospective investigation that 

7 may recommend an adverse personnel ac8 tion as a result of alleged performance, mis9 conduct, or for such cause as will promote 

10 the efficiency of the service under— 

11 ‘‘(I) chapter 43 of title 5; 

12 ‘‘(II) chapter 75 of such title; 

13 ‘‘(III) chapter 74 of this title; or 

14 ‘‘(IV) section 501 of this title; 

15 ‘‘(iii) an adverse personnel action as a 

16 result of performance, misconduct, or for 

17 such cause as will promote the efficiency of 

18 the service under the provisions specified in 

19 subclauses (I) through (IV) of clause (ii); 

20 ‘‘(iv) an internal investigation carried 

21 out by the Secretary, including through— 

22 ‘‘(I) the Office of Accountability 

23 and Whistleblower Protection of the 

24 Department; 


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1 ‘‘(II) the Office of the Medical In2 spector of the Veterans Health Admin3 istration; and 

4 ‘‘(III) the General Counsel of the 

5 Department; and 

6 ‘‘(v) an investigation carried out by 

7 the head of any other Federal agency re8 sponsible for investigation allegations of em9 ployee misconduct, including the head of— 

10 ‘‘(I) the Office of the Special 

11 Counsel; and 

12 ‘‘(II) the Equal Employment Op13 portunity Commission.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by inserting after 

16 the item relating to section 728 the following new item: 

‘‘729. Notation in Department of Veterans Affairs employee personnel record 

file of personnel investigation.’’. 

17 SEC. 4. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

18 The loan fee table in section 3729(b)(2) of title 38, 

19 United States Code, is amended by striking ‘‘November 15, 

20 2031’’ each place it appears and inserting ‘‘November 29, 

21 2031’’. 


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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 

certain circumstances. who resign from Government employment under employees of the Department of Veterans Affairs a notation in the personnel record file of certain 

JULY 30, 2024 

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


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