IB 

Union Calendar No. 348 

114TH CONGRESS 

2D SESSION H. R. 4360 

[Report No. 114–454] 

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 

MARCH 16, 2016 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Omit the part struck through and insert the part printed in italic] 


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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. 


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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’’. 

6 SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL AC7 TION IN SEPARATED EMPLOYEE’S OFFICIAL 

8 PERSONNEL FILE. 

9 (a) IN GENERAL.—Subchapter I of chapter 31 33 of 

10 title 5, United States Code, is amended by inserting after 

11 section 3321 the following: 

12 ‘‘§ 3322. Voluntary separation before resolution of 

13 personnel investigation 

14 ‘‘(a) With respect to any individual employee occu15 pying a position in the competitive service or the excepted 

16 service who is the subject of a personnel investigation and 

17 resigns from Government employment prior to the resolu18 tion of such investigation, the head of the agency from 

19 which such employee so resigns shall, if an adverse finding 

20 was made with respect to such employee pursuant to such 

21 investigation— 

22 ‘‘(1) make a permanent notation in the employ23 ee’s official personnel record file; and 

24 ‘‘(2) make reasonable efforts to notify the em25 ployee of such permanent notation. with respect to 


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1 such employee pursuant to such investigation, make a 

2 permanent notation in the employee’s official per3 sonnel record file. The head shall make such notation 

4 not later than 40 days after the date of the resolution 

5 of such investigation. 

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

7 be made not later than 14 days after the date of the reso8 lution of such investigation. 

9 ‘‘(b) Prior to making a permanent notation in an em10 ployee’s official personnel record file under subsection (a), 

11 the head of the agency shall— 

12 ‘‘(1) notify the employee in writing within 5 

13 days of the resolution of the investigation and provide 

14 such employee a copy of the adverse finding and any 

15 supporting documentation; 

16 ‘‘(2) provide the employee with a reasonable 

17 time, but not less than 30 days, to respond in writing 

18 and to furnish affidavits and other documentary evi19 dence to show why the adverse finding was unfounded 

20 (a summary of which shall be included in any nota21 tion made to the employee’s personnel file under sub22 section (d)); and 

23 ‘‘(3) provide a written decision and the specific 

24 reasons therefore to the employee at the earliest prac25 ticable date. 


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1 ‘‘(c) An employee is entitled to appeal the decision of 

2 the head of the agency to make a permanent notation under 

3 subsection (a) to the Merit Systems Protection Board under 

4 section 7701. 

5 ‘‘(d)(1) If an employee files an appeal with the Merit 

6 Systems Protection Board pursuant to subsection (c), the 

7 agency head shall make a notation in the employee’s official 

8 personnel record file indicating that an appeal disputing 

9 the notation is pending not later than 2 weeks after the 

10 date on which such appeal was filed. 

11 ‘‘(2) If the head of the agency is the prevailing party 

12 on appeal, not later than 2 weeks after the date that the 

13 Board issues the appeal decision, the head of the agency 

14 shall remove the notation made under paragraph (1) from 

15 the employee’s official personnel record file. 

16 ‘‘(3) If the employee is the prevailing party on appeal, 

17 not later than 2 weeks after the date that the Board issues 

18 the appeal decision, the head of the agency shall remove the 

19 notation made under paragraph (1) and the notation of an 

20 adverse finding made under subsection (a) from the employ21 ee’s official personnel record file. 

22 ‘‘(c) (e) In this section, the term ‘personnel investiga23 tion’ includes— 

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

25 and 


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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 33 of 

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

22 end 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.’’. 


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Union Calendar No. 348 

114TH CONGRESS 

2D SESSION H. R. 4360 

[Report No. 114–454] 

A BILL 

To amend title 5, United States Code, to provide 

cial personnel file, and for other purposes. such investigation placed in such employee’s offihave a notation of any adverse findings under service while under personnel investigation shall that a Federal employee who leaves Government 

MARCH 16, 2016 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:54 Mar 16, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H4360.RH H4360

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