Official Personnel File Enhancement Act

Bill: 114-hr-4360
Sponsor: full_name: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2016-01-11
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
Latest action: action_date: 2016-04-27
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2016-01-11
action_desc: Introduced in House
text: <p><strong>Official Personnel File Enhancement Act</strong></p> <p>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.</p> <p>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. </p>

action_date: 2016-03-16
action_desc: Reported to House with amendment(s)
text: <p><strong>Official Personnel File Enhancement Act</strong></p> <p>(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. </p> <p>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.</p> <p>The agency employing such employee shall make such notation within 40 days after the resolution of such investigation.</p> <p>Prior to making such notation, the agency shall:</p> <ul> <li>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;</li> <li>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 </li> <li>provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date.</li> </ul> <p>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.</p> <p>(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. </p>

action_date: 2016-04-26
action_desc: Passed House amended
text: <p>(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.)</p> <p><strong>Official Personnel File Enhancement Act</strong></p> <p>(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. </p> <p>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.</p> <p>The agency employing such employee shall make such notation within 40 days after the resolution of such investigation.</p> <p>Prior to making such notation, the agency shall:</p> <ul> <li>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, </li> <li>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 </li> <li>provide a written decision regarding such notation and the specific reasons to the employee at the earliest practicable date. </li></ul> <p>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.</p> <p>(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. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4360 IN THE HOUSE OF REPRESENTATIVES January 11, 2016 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL 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.

1. Short title This Act may be cited as the Official Personnel File Enhancement Act . 2. Record of investigation of personnel action in separated employee’s official personnel file (a) In general Subchapter I of chapter 31 of title 5, United States Code, is amended by inserting after section 3321 the following: 3322. Voluntary separation before resolution of personnel investigation (a) With respect to any individual 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— (1) make a permanent notation in the employee’s official personnel record file; and (2) make reasonable efforts to notify the employee of such permanent notation. (b) The notation described in subsection (a) shall be made not later than 14 days after the date of the resolution of such investigation. (c) In this section, the term personnel investigation includes— (1) an investigation by an Inspector General; (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; and (3) any other type of investigation relating to poor performance or misconduct, including an investigation into an alleged prohibited personnel practice committed by the employee. . (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. . 3. Review of official personnel file of former Federal employees before rehiring (a) In general Subchapter I of chapter 31 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 (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. .

tv_txt: IB Union Calendar No. 348 114th CONGRESS 2d Session H. R. 4360 [Report No. 114–454] IN THE HOUSE OF REPRESENTATIVES January 11, 2016 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Oversight and Government Reform March 16, 2016 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Omit the part struck through and insert the part printed in italic A BILL 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.

1. Short title This Act may be cited as the Official Personnel File Enhancement Act . 2. Record of investigation of personnel action in separated employee’s official personnel file (a) In general Subchapter I of chapter 31 33 of title 5, United States Code, is amended by inserting after section 3321 the following: 3322. Voluntary separation before resolution of personnel investigation (a) With respect to any individual 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— (1) make a permanent notation in the employee’s official personnel record file; and (2) make reasonable efforts to notify the employee of such permanent notation. 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) The notation described in subsection (a) shall be made not later than 14 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. (c) (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 ; and . (3) any other type of investigation relating to poor performance or misconduct, including an investigation into an alleged prohibited personnel practice committed by the employee. . (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. . 3. Review of official personnel file of former Federal employees before rehiring (a) In general Subchapter I of chapter 31 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 (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. .

March 16, 2016 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IB 114th CONGRESS 2d Session H. R. 4360 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Official Personnel File Enhancement Act . 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: 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. . 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: 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. Karen L. Haas, Clerk.

tv_txt: IIB 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.

1. Short title This Act may be cited as the Official Personnel File Enhancement Act . 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: 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. . 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: 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. Karen L. Haas, Clerk