[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4360 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4360

    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.


_______________________________________________________________________


                    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.

    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 31 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 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.''.

SEC. 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:
``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.''.
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