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 pur-
poses. 
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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’’. 
SEC. 2. RECORD OF INVESTIGATION OF PERSONNEL AC-
TION IN SEPARATED EMPLOYEE’S OFFICIAL 
PERSONNEL FILE. 
(a) IN GENERAL.—Subchapter I of chapter 31 33 of 
title 5, United States Code, is amended by inserting after 
section 3321 the following: 
‘‘§ 3322. Voluntary separation before resolution of 
personnel investigation 
‘‘(a) With respect to any individual employee occu-
pying a position in the competitive service or the excepted 
service who is the subject of a personnel investigation and 
resigns from Government employment prior to the resolu-
tion of such investigation, the head of the agency from 
which such employee so resigns shall, if an adverse finding 
was made with respect to such employee pursuant to such 
investigation— 
‘‘(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. with respect to 
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such employee pursuant to such investigation, make a 
permanent notation in the employee’s official per-
sonnel record file. The head shall make such notation 
not later than 40 days after the date of the resolution 
of such investigation. 
‘‘(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. 
‘‘(b) Prior to making a permanent notation in an em-
ployee’s official personnel record file under subsection (a), 
the head of the agency shall— 
‘‘(1) notify the employee in writing within 5 
days of the resolution of the investigation and provide 
such employee a copy of the adverse finding and any 
supporting documentation; 
‘‘(2) provide the employee with a reasonable 
time, but not less than 30 days, to respond in writing 
and to furnish affidavits and other documentary evi-
dence to show why the adverse finding was unfounded 
(a summary of which shall be included in any nota-
tion made to the employee’s personnel file under sub-
section (d)); and 
‘‘(3) provide a written decision and the specific 
reasons therefore to the employee at the earliest prac-
ticable date. 
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‘‘(c) An employee is entitled to appeal the decision of 
the head of the agency to make a permanent notation under 
subsection (a) to the Merit Systems Protection Board under 
section 7701. 
‘‘(d)(1) If an employee files an appeal with the Merit 
Systems Protection Board pursuant to subsection (c), the 
agency head shall make a notation in the employee’s official 
personnel record file indicating that an appeal disputing 
the notation is pending not later than 2 weeks after the 
date on which such appeal was filed. 
‘‘(2) If the head of the agency is the prevailing party 
on appeal, not later than 2 weeks after the date that the 
Board issues the appeal decision, the head of the agency 
shall remove the notation made under paragraph (1) from 
the employee’s official personnel record file. 
‘‘(3) If the employee is the prevailing party on appeal, 
not later than 2 weeks after the date that the Board issues 
the appeal decision, the head of the agency shall remove the 
notation made under paragraph (1) and the notation of an 
adverse finding made under subsection (a) from the employ-
ee’s official personnel record file. 
‘‘(c) (e) In this section, the term ‘personnel investiga-
tion’ includes— 
‘‘(1) an investigation by an Inspector General; 
and 
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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 33 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.’’. 
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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 
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 offi-
cial personnel file, and for other purposes. 
MARCH 16, 2016 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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