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H.R. 4360 (114th): Official Personnel File Enhancement Act


The text of the bill below is as of Jan 11, 2016 (Introduced).


I

114th CONGRESS

2d Session

H. R. 4360

IN THE HOUSE OF REPRESENTATIVES

January 11, 2016

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.

.