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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL AC-
TION 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 sec-
tion 3321 the following: 
‘‘§ 3322. Voluntary separation before resolution of 
personnel investigation 
‘‘(a) With respect to any individual occupying a posi-
tion 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 em-
ployee so resigns shall, if an adverse finding was made 
with respect to such employee pursuant to such investiga-
tion— 
‘‘(1) make a permanent notation in the employ-
ee’s official personnel record file; and 
‘‘(2) make reasonable efforts to notify the em-
ployee of such permanent notation. 
‘‘(b) The notation described in subsection (a) shall 
be made not later than 14 days after the date of the reso-
lution of such investigation. 
‘‘(c) In this section, the term ‘personnel investigation’ 
includes— 
‘‘(1) an investigation by an Inspector General; 
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‘‘(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 inves-
tigation into an alleged prohibited personnel practice 
committed by the employee.’’. 
(b) APPLICATION.—The amendment made by sub-
section (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 enact-
ment 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: 
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‘‘§ 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 ex-
cepted service, prior to making any determination with re-
spect to the appointment or reinstatement of such em-
ployee to such position, the appointing authority shall re-
view and consider the information relating to such employ-
ee’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 de-
scribed under subsection (a) was within the competitive 
service or the excepted service. 
‘‘(c) The Office of Personnel Management shall pre-
scribe regulations to carry out the purpose of this sec-
tion.’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to any former Government em-
ployee (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. 
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(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 re-
hiring.’’. 
Æ 
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