I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Official Personnel File 

5 Enhancement Act’’. 


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1 SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL AC2 TION IN SEPARATED EMPLOYEE’S OFFICIAL 

3 PERSONNEL FILE. 

4 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

5 5, United States Code, is amended by inserting after sec6 tion 3321 the following: 

7 ‘‘§ 3322. Voluntary separation before resolution of 

8 personnel investigation 

9 ‘‘(a) With respect to any individual occupying a posi10 tion in the competitive service or the excepted service who 

11 is the subject of a personnel investigation and resigns from 

12 Government employment prior to the resolution of such 

13 investigation, the head of the agency from which such em14 ployee so resigns shall, if an adverse finding was made 

15 with respect to such employee pursuant to such investiga16 tion— 

17 ‘‘(1) make a permanent notation in the employ18 ee’s official personnel record file; and 

19 ‘‘(2) make reasonable efforts to notify the em20 ployee of such permanent notation. 

21 ‘‘(b) The notation described in subsection (a) shall 

22 be made not later than 14 days after the date of the reso23 lution of such investigation. 

24 ‘‘(c) In this section, the term ‘personnel investigation’ 

25 includes— 

26 ‘‘(1) an investigation by an Inspector General; 


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1 ‘‘(2) an adverse personnel action as a result of 

2 performance, misconduct, or for such cause as will 

3 promote the efficiency of the service under chapter 

4 43 or chapter 75; and 

5 ‘‘(3) any other type of investigation relating to 

6 poor performance or misconduct, including an inves7 tigation into an alleged prohibited personnel practice 

8 committed by the employee.’’. 

9 (b) APPLICATION.—The amendment made by sub10 section (a) shall apply to any employee described in section 

11 3322 of title 5, United States Code, (as added by such 

12 subsection) who leaves the service after the date of enact13 ment of this Act. 

14 (c) CLERICAL AMENDMENT.—The table of sections 

15 of subchapter I of chapter 33 of title 5, United States 

16 Code, is amended by inserting after the item relating to 

17 section 3321 the following: 

‘‘3322. Voluntary separation before resolution of personnel investigation.’’. 

18 SEC. 3. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER 

19 FEDERAL EMPLOYEES BEFORE REHIRING. 

20 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

21 5, United States Code, is amended by adding at the end 

22 the following: 


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1 ‘‘§ 3330e. Review of official personnel file of former 

2 Federal employees before rehiring 

3 ‘‘(a) If a former Government employee is a candidate 

4 for a position within the competitive service or the ex5 cepted service, prior to making any determination with re6 spect to the appointment or reinstatement of such em7 ployee to such position, the appointing authority shall re8 view and consider the information relating to such employ9 ee’s former period or periods of service in such employee’s 

10 official personnel record file. 

11 ‘‘(b) In subsection (a), the term ‘former Government 

12 employee’ means an individual whose most recent position 

13 with the Government prior to becoming a candidate as de14 scribed under subsection (a) was within the competitive 

15 service or the excepted service. 

16 ‘‘(c) The Office of Personnel Management shall pre17 scribe regulations to carry out the purpose of this sec18 tion.’’. 

19 (b) APPLICATION.—The amendment made by sub20 section (a) shall apply to any former Government em21 ployee (as described in section 3330e of title 5, United 

22 States Code, as added by such subsection) appointed or 

23 reinstated on or after the date that is 180 days after the 

24 date of enactment of this Act. 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 of subchapter I of chapter 33 of title 5, United States 

3 Code, is amended by adding at the end the following: 

‘‘3330e. Review of official personnel file of former Federal employees before rehiring.’’. 

Æ 


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