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This section requires the Secretary of Veterans Affairs to submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, not later than 30 days after the date of completion, each annual performance plan for a political appointee of the Department. (Thus, Congress receives the plans assessing whether political appointees—i.e., noncareer Senior Executive Service members and excepted service employees—are meeting Department goals for employee recruiting, retention, engagement, development, and managerial accountability.)
This section establishes a new requirement (in new 38 U.S.C. §729) for the Secretary of Veterans Affairs to continue and complete any eligible personnel investigation (i.e., one commenced not later than 60 days after separation that involves alleged performance issues, misconduct, or other causes for adverse action, including Inspector General probes and certain internal VA reviews) involving a covered employee (i.e., in the competitive service, excepted service, or Senior Executive Service) who resigns, retires, transfers, or otherwise separates from the Department before resolution. (Thus, the Secretary must make a permanent notation of the investigation's adverse findings in the employee's official personnel record file not later than 40 days after completion, without considering the separation itself in the investigation.) Prior to notation, the Secretary must notify the employee in writing within 5 days of resolution (providing the adverse finding and supporting documentation), afford at least 30 days to respond with evidence (a summary of which is included in the notation), and issue a written decision with reasons. Covered employees may appeal the notation decision to the Merit Systems Protection Board (under 5 U.S.C. §7701) or a Disciplinary Appeals Board (under 38 U.S.C. §7464), with notations added for pending appeals and removed based on the outcome (favoring the prevailing party not later than 2 weeks after the decision). This section also makes a conforming clerical amendment to the table of sections for 38 U.S.C. ch. 7, subch. I.