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5 U.S.C. § 3322 — Voluntary separation before resolution of personnel investigation

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3322 — Voluntary separation before resolution of personnel investigation

**(a)** With respect to any employee occupying 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 resolution 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, 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. **(b)** Prior to making a permanent notation in an employee’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 evidence to show why the adverse finding was unfounded (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 official personnel record file indicating that an appeal disputing the notation is pend

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Stable record: federal_law:legal_authorities:record_usc_ce227e9df12958a18524a6e6
Source file: Laws/federal/codes/united-states-code/title-5/section-3322-voluntary-separation-before-resolution-of-personnel-investigation--6cbe1d2715.md
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Source location: Title 5, Chapter 33, § 3322; chapter-033-examination-selection-and-placement.md

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**(a)** With respect to any employee occupying 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 resolution 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, 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. **(b)** Prior to making a permanent notation in an employee’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 evidence to show why the adverse finding was unfounded (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 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 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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 621 — Congressional statement of findings and purpose

**(a)** The Congress hereby finds and declares that— (1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; (2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; (3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; (4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. **(b)** It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 633a — Nondiscrimination on account of age in Federal Government employment

**(a) Federal agencies affected** All personnel actions affecting employees or applicants for employment who are at least 40 years of age (except personnel actions with regard to aliens employed outside the limits of the United States) in military departments as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim), in executive agencies as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Publishing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on age. **(b) Enforcement by Equal Employment Opportunity Commission and by Librarian of Congress in the Library of Congress; remedies; rules, regulations, orders, and instructions of Commission: compliance by Federal agencies; powers and duties of Commission; notification of final action on complaint of discrimination; exemptions: bona fide occupational qualification** Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of t

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 633a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3322 — Voluntary separation before resolution of

Page 398 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3321 Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘sections 3308 through 3319’’ for ‘‘sections 3308–3318’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective on the date on which the Director of the Office of Personnel Man- agement issues final regulations for implementation, with such regulations due not later than one year after Aug. 13, 2018, see section 1107(d) of Pub. L. 115–232, set out as an Effective Date of Repeal note under section 3317 of this title. ASSISTANCE OF UNITED STATES CIVIL SERVICE COMMIS- SION IN DEVELOPING MERIT SYSTEM FOR DISTRICT OF COLUMBIA Pub. L. 93–198, title VII, § 734, Dec. 24, 1973, 87 Stat. 823, authorized the United States Civil Service Com- mission to advise and assist the District of Columbia Mayor and Council in the further development of the merit system or systems required by the District of Co- lumbia charter, which was approved on May 7, 1974, and authorized the Commission to enter into agreements with the District government to make available its reg- isters of eligibles as a recruiting source to fill District positions as needed, with the costs of any specific serv- ices furnished by the Civil Service Commission to be compensated for under the provisions of section 685a of former Title 31, Money and Finance [31 U.S.C. 1537]. § 3321. Competitive service; probationary period (a) The President may take such action, in- cluding the issuance of rules, regulations, and directives, as shall provide as nearly as condi- tions of good admini

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