Official Personnel File Enhancement Act

1/11/2023, 1:31 PM

(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.

Congress
114

Number
HR - 4360

Introduced on
2016-01-11

# Amendments
0

Sponsors
+5

Variations and Revisions

4/27/2016

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

(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.

Alternative Names
Official Title as IntroducedTo 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.

Policy Areas
Government Operations and Politics

Potential Impact
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

Comments

Recent Activity

Latest Summary6/20/2016

(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 perm...


Latest Action4/27/2016
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.