IIB 

114TH CONGRESS 

2D SESSION H. R. 4360 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2016 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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. 


sradovich on DSK3TPTVN1PROD with BILLS
2 

HR 4360 RFS

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 33 of title 

10 5, United States Code, is amended by inserting after sec11 tion 3321 the following: 

12 ‘‘§ 3322. Voluntary separation before resolution of 

13 personnel investigation 

14 ‘‘(a) With respect to any employee occupying a posi15 tion in the competitive service or the excepted service who 

16 is the subject of a personnel investigation and resigns from 

17 Government employment prior to the resolution of such 

18 investigation, the head of the agency from which such em19 ployee so resigns shall, if an adverse finding was made 

20 with respect to such employee pursuant to such investiga21 tion, make a permanent notation in the employee’s official 

22 personnel record file. The head shall make such notation 

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

24 such investigation. 


sradovich on DSK3TPTVN1PROD with BILLS
3 

HR 4360 RFS

1 ‘‘(b) Prior to making a permanent notation in an em2 ployee’s official personnel record file under subsection (a), 

3 the head of the agency shall— 

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

5 days of the resolution of the investigation and pro6 vide such employee a copy of the adverse finding and 

7 any supporting documentation; 

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

9 time, but not less than 30 days, to respond in writ10 ing and to furnish affidavits and other documentary 

11 evidence to show why the adverse finding was un12 founded (a summary of which shall be included in 

13 any notation made to the employee’s personnel file 

14 under subsection (d)); and 

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

16 reasons therefore to the employee at the earliest 

17 practicable date. 

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

19 of the head of the agency to make a permanent notation 

20 under subsection (a) to the Merit Systems Protection 

21 Board under section 7701. 

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

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

24 agency head shall make a notation in the employee’s offi25 cial personnel record file indicating that an appeal disVerDate Sep 11 2014 22:20 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360

sradovich on DSK3TPTVN1PROD with BILLS
4 

HR 4360 RFS

1 puting the notation is pending not later than 2 weeks after 

2 the date on which such appeal was filed. 

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

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

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

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

7 the employee’s official personnel record file. 

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

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

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

11 the notation made under paragraph (1) and the notation 

12 of an adverse finding made under subsection (a) from the 

13 employee’s official personnel record file. 

14 ‘‘(e) In this section, the term ‘personnel investigation’ 

15 includes— 

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

17 and 

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

19 performance, misconduct, or for such cause as will 

20 promote the efficiency of the service under chapter 

21 43 or chapter 75.’’. 

22 (b) APPLICATION.—The amendment made by sub23 section (a) shall apply to any employee described in section 

24 3322 of title 5, United States Code, (as added by such 


sradovich on DSK3TPTVN1PROD with BILLS
5 

HR 4360 RFS

1 subsection) who leaves the service after the date of enact2 ment of this Act. 

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

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

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

6 section 3321 the following: 

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

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

8 FEDERAL EMPLOYEES BEFORE REHIRING. 

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

10 5, United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘§ 3330e. Review of official personnel file of former 

13 Federal employees before rehiring 

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

15 for a position within the competitive service or the ex16 cepted service, prior to making any determination with re17 spect to the appointment or reinstatement of such em18 ployee to such position, the appointing authority shall re19 view and consider the information relating to such employ20 ee’s former period or periods of service in such employee’s 

21 official personnel record file. 

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

23 employee’ means an individual whose most recent position 

24 with the Government prior to becoming a candidate as deVerDate Sep 11 2014 22:20 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360

sradovich on DSK3TPTVN1PROD with BILLS
6 

HR 4360 RFS

1 scribed under subsection (a) was within the competitive 

2 service or the excepted service. 

3 ‘‘(c) The Office of Personnel Management shall pre4 scribe regulations to carry out the purpose of this sec5 tion.’’. 

6 (b) APPLICATION.—The amendment made by sub7 section (a) shall apply to any former Government em8 ployee (as described in section 3330e of title 5, United 

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

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

11 date of enactment of this Act. 

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

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

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

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

Passed the House of Representatives April 26, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


sradovich on DSK3TPTVN1PROD with BILLS