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 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 33 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 employee 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, make a permanent notation in the employee’s official 
personnel record file. The head shall make such notation 
not later than 40 days after the date of the resolution of 
such investigation. 
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‘‘(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 pro-
vide 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 writ-
ing and to furnish affidavits and other documentary 
evidence to show why the adverse finding was un-
founded (a summary of which shall be included in 
any notation made to the employee’s personnel file 
under subsection (d)); and 
‘‘(3) provide a written decision and the specific 
reasons therefore to the employee at the earliest 
practicable date. 
‘‘(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 offi-
cial personnel record file indicating that an appeal dis-
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puting 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 
employee’s official personnel record file. 
‘‘(e) In this section, the term ‘personnel investigation’ 
includes— 
‘‘(1) an investigation by an Inspector General; 
and 
‘‘(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.’’. 
(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 
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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 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 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-
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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. 
(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.’’. 
Passed the House of Representatives April 26, 2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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