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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4360 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 4360

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2016

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
    To amend title 5, United States Code, to provide that a Federal 
     employee who leaves Government service while under personnel 
investigation shall have a notation of any adverse findings under such 
 investigation placed in such employee's official personnel file, and 
                          for other purposes.

    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 ``Official Personnel File Enhancement 
Act''.

SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN SEPARATED 
              EMPLOYEE'S OFFICIAL PERSONNEL FILE.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by inserting after section 3321 the following:
``Sec. 3322. Voluntary separation before resolution of personnel 
              investigation
    ``(a) With respect to any employee occupying a position in the 
competitive service or the excepted service who is the subject of a 
personnel investigation and resigns from Government employment prior to 
the resolution of such investigation, the head of the agency from which 
such employee so resigns shall, if an adverse finding was made with 
respect to such employee pursuant to such investigation, make a 
permanent notation in the employee's official personnel record file. 
The head shall make such notation not later than 40 days after the date 
of the resolution of such investigation.
    ``(b) Prior to making a permanent notation in an employee's 
official personnel record file under subsection (a), the head of the 
agency shall--
            ``(1) notify the employee in writing within 5 days of the 
        resolution of the investigation and provide such employee a 
        copy of the adverse finding and any supporting documentation;
            ``(2) provide the 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 employee's personnel file 
        under subsection (d)); and
            ``(3) provide a written decision and the specific reasons 
        therefore to the employee at the earliest practicable date.
    ``(c) An employee is entitled to appeal the decision of the head of 
the agency to make a permanent notation under subsection (a) to the 
Merit Systems Protection Board under section 7701.
    ``(d)(1) If an employee files an appeal with the Merit Systems 
Protection Board pursuant to subsection (c), the agency head shall make 
a notation in the employee's official personnel record file 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 head of the agency is the prevailing party on appeal, 
not later than 2 weeks after the date that the Board issues the appeal 
decision, the head of the agency shall remove the notation made under 
paragraph (1) from the employee's official personnel record file.
    ``(3) If the employee is the prevailing party on appeal, not later 
than 2 weeks after the date that the Board issues the appeal decision, 
the head of the agency shall remove the notation made under paragraph 
(1) and the notation of an adverse finding made under subsection (a) 
from the employee's official personnel record file.
    ``(e) In this section, the term `personnel investigation' 
includes--
            ``(1) an investigation by an Inspector General; and
            ``(2) an adverse personnel action as a result of 
        performance, misconduct, or for such cause as will promote the 
        efficiency of the service under chapter 43 or chapter 75.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any employee described in section 3322 of title 5, United States 
Code, (as added by such subsection) who leaves the service after the 
date of enactment of this Act.
    (c) Clerical Amendment.--The table of sections of subchapter I of 
chapter 33 of title 5, United States Code, is amended by inserting 
after the item relating to section 3321 the following:

``3322. Voluntary separation before resolution of personnel 
                            investigation.''.

SEC. 3. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL EMPLOYEES 
              BEFORE REHIRING.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3330e. Review of official personnel file of former Federal 
              employees before rehiring
    ``(a) If a former Government employee is a candidate for a position 
within the competitive service or the excepted service, prior to making 
any determination with respect to the appointment or reinstatement of 
such employee to such position, the appointing authority shall review 
and consider the information relating to such employee's former period 
or periods of service in such employee's official personnel record 
file.
    ``(b) In subsection (a), the term `former Government employee' 
means an individual whose most recent position with the Government 
prior to becoming a candidate as described under subsection (a) was 
within the competitive service or the excepted service.
    ``(c) The Office of Personnel Management shall prescribe 
regulations to carry out the purpose of this section.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any former Government employee (as described in section 3330e of 
title 5, United States Code, as added by such subsection) appointed or 
reinstated on or after the date that is 180 days after the date of 
enactment of this Act.
    (c) Clerical Amendment.--The table of sections of subchapter I of 
chapter 33 of title 5, United States Code, is amended by adding at the 
end the following:

``3330e. Review of official personnel file of former Federal employees 
                            before rehiring.''.

            Passed the House of Representatives April 26, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```