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Bill114th CongressFiled Jan 11, 2016Government Operations and Politics
H.R. 4360

Official Personnel File Enhancement Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Apr 26, 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 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.

What just happenedApr 27, 2016

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Who’s behind it

Rep. Chaffetz, Jason [R-UT-3](R-UT)Sponsor
Read on Congress.gov
2committees15actions1related bills7subjects
  1. Apr 27, 2016IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Homeland Security and Governmental Affairs Committee
  2. Apr 26, 2016FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Apr 26, 2016FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H1983)

  4. Apr 26, 2016Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H1983)

  5. Apr 26, 2016FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 4360.

  6. Apr 26, 2016FloorH30000

    Considered under suspension of the rules. (consideration: CR H1983-1984)

  7. Apr 26, 2016FloorH30300

    Mr. Chaffetz moved to suspend the rules and pass the bill, as amended.

  8. Mar 16, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 348.

  9. Mar 16, 2016CommitteeH12200

    Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-454.

    Oversight and Accountability Committee
  10. Mar 16, 2016Committee5000

    Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 114-454.

    Oversight and Accountability Committee
  11. Jan 12, 2016Committee

    Ordered to be Reported (Amended) by Voice Vote.

    Oversight and Accountability Committee
  12. Jan 12, 2016Committee

    Committee Consideration and Mark-up Session Held.

    Oversight and Accountability Committee
  13. Jan 11, 2016IntroReferralH11100

    Referred to the House Committee on Oversight and Government Reform.

    Oversight and Accountability Committee
  14. Jan 11, 2016IntroReferralIntro-H

    Introduced in House

  15. Jan 11, 2016IntroReferral1000

    Introduced in House

Passed House amendedApr 26, 201636

(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.

Reported to House with amendment(s)Mar 16, 201617

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 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.

(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.

Introduced in HouseJan 11, 2016

Official Personnel File Enhancement Act

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.

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.

Official Personnel File Enhancement Act — Informed