Official Personnel File Enhancement Act

Bill: 114-hr-4360
Sponsor: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2016-01-11 in the House
Policy area: Government Operations and Politics
Subjects: Employee hiring
Employee performance
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government information and archives
Government studies and investigations
Personnel records

Summary:
action_date: 2016-01-11
text: 

Official Personnel File Enhancement Act

 
This bill requires that a permanent notation be made in the official personnel record file of a federal employee in the competitive or excepted service who is the subject of a personnel investigation for misconduct or poor performance and who resigns prior to the resolution of such investigation, if an adverse finding is made against such employee at the close of such investigation. The head of the agency employing such employee must make reasonable efforts to notify the employee of the permanent notation.
 
The bill also requires any federal government appointing authority to review and consider the personnel file of a former federal employee who is a candidate for a position within the competitive or excepted service prior to appointing or reinstating such employee to such a position. 

action_date: 2016-03-16
text: 

Official Personnel File Enhancement Act

 
(Sec. 2) This bill requires that a permanent notation be made in the official personnel record file of a federal employee in the competitive or excepted service who is the subject of a personnel investigation and who resigns prior to the resolution of such investigation, if an adverse finding is made against such employee at the close of such investigation. 
 
The bill defines &quot;personnel investigation&quot; to include: (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 provisions relating to performance appraisals or adverse actions.
 
The agency employing such employee shall make such notation within 40 days after the resolution of such investigation.
 
Prior to making such notation, the agency shall:
 
 
notify the employee in writing within 5 days of such resolution and provide such employee a copy of the adverse finding and any supporting documentation;
 
provide the employee at least 30 days to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded; and 
 
provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date.
 
 
The bill entitles an employee to appeal the agency's decision to the Merit Systems Protection Board. Such an appeal shall be noted in the employee's filewhile the appeal is pending. If the employee is the prevailing party on appeal, the agency shall remove the notation regarding the adverse finding from the employee's file within two weeks after the Board issues its decision.
 
(Sec. 3) The bill requires any federal government appointing authority to review and consider the personnel file of a former federal employee who is a candidate for a position within the competitive or excepted service prior to appointing or reinstating such employee to such a position. 

action_date: 2016-04-26
text: 
(This measure has not been amended since it was reported to the House on March 16, 2016. The summary of that version is repeated here.)
 

Official Personnel File Enhancement Act

 
(Sec. 2) This bill requires that a permanent notation be made in the official personnel record file of a federal employee in the competitive or excepted service who is the subject of a personnel investigation and who resigns prior to the resolution of such investigation, if an adverse finding is made against such employee at the close of such investigation. 
 
The bill defines "personnel investigation" to include: (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 provisions relating to performance appraisals or adverse actions.
 
The agency employing such employee shall make such notation within 40 days after the resolution of such investigation.
 
Prior to making such notation, the agency shall:
 
 
notify the employee in writing within 5 days of such resolution and provide such employee a copy of the adverse finding and any supporting documentation, 
 
provide the employee at least 30 days to respond in writing and to furnish affidavits and other documentary evidence to show why the adverse finding was unfounded, and 
 
provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date. 

 
The bill entitles an employee to appeal the agency's decision to the Merit Systems Protection Board. Such an appeal shall be noted in the employee's file while the appeal is pending. If the employee is the prevailing party on appeal, the agency shall remove the notation regarding the adverse finding from the employee's file within two weeks after the Board issues its decision.
 
(Sec. 3) The bill requires any federal government appointing authority to review and consider the personnel file of a former federal employee who is a candidate for a position within the competitive or excepted service prior to appointing or reinstating such employee to such a position. 


Legislative actions:
action_date: 2016-04-27
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2016-04-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-04-26
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1983)
action_date: 2016-04-26
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1983)
action_date: 2016-04-26
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4360.
action_date: 2016-04-26
text: Considered under suspension of the rules. (consideration: CR H1983-1984)
action_date: 2016-04-26
text: Mr. Chaffetz moved to suspend the rules and pass the bill, as amended.
action_date: 2016-03-16
text: Placed on the Union Calendar, Calendar No. 348.
action_date: 2016-03-16
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-454.
action_date: 2016-03-16
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-454.
action_date: 2016-01-12
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2016-01-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2016-01-11
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2016-01-11
text: Introduced in House
action_date: 2016-01-11
text: Introduced in House