[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.