---
kind: "section"
citation: "5 U.S.C. § 3322"
title: "5"
title_heading: "Government Organization and Employees"
number: "3322"
heading: "Voluntary separation before resolution of personnel investigation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3322"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter I — Examination, Certification, and Appointment"
---

# §3322. Voluntary separation before resolution of personnel investigation

- (a) With respect to any [employee](/usc/5/4701.md?p=a-2) occupying a [position](/usc/5/5102.md?p=a-3) in the competitive [service](/usc/5/8401.md?p=26) or the excepted [service](/usc/5/8401.md?p=26) who is the subject of a personnel investigation and resigns from [Government](/usc/5/4101.md?p=3) employment prior to the resolution of such investigation, the head of the [agency](/usc/5/3132.md?p=a-1) from which such [employee](/usc/5/4701.md?p=a-2) so resigns shall, if an adverse finding was made with respect to such [employee](/usc/5/4701.md?p=a-2) pursuant to such investigation, make a permanent notation in the [employee](/usc/5/4701.md?p=a-2)’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](/usc/5/4701.md?p=a-2)’s official personnel record file under [subsection (a)](#a), the head of the [agency](/usc/5/3132.md?p=a-1) shall—
  - (1) notify the [employee](/usc/5/4701.md?p=a-2) in writing within 5 days of the resolution of the investigation and provide such [employee](/usc/5/4701.md?p=a-2) a copy of the adverse finding and any supporting documentation;
  - (2) provide the [employee](/usc/5/4701.md?p=a-2) 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](/usc/5/4701.md?p=a-2)’s personnel file under [subsection (d)](#d)); and
  - (3) provide a written decision and the specific reasons therefore to the [employee](/usc/5/4701.md?p=a-2) at the earliest practicable date.
- (c) An [employee](/usc/5/4701.md?p=a-2) is entitled to appeal the decision of the head of the [agency](/usc/5/3132.md?p=a-1) to make a permanent notation under [subsection (a)](#a) to the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) under section 7701.
- (d)
  - (1) If an [employee](/usc/5/4701.md?p=a-2) files an appeal with the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) pursuant to [subsection (c)](#c), the [agency](/usc/5/3132.md?p=a-1) head shall make a notation in the [employee](/usc/5/4701.md?p=a-2)’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](/usc/5/3132.md?p=a-1) is the prevailing party on appeal, not later than 2 weeks after the date that the [Board](/usc/5/8401.md?p=5) issues the appeal decision, the head of the [agency](/usc/5/3132.md?p=a-1) shall remove the notation made under [paragraph (1)](#d-1) from the [employee](/usc/5/4701.md?p=a-2)’s official personnel record file.
  - (3) If the [employee](/usc/5/4701.md?p=a-2) is the prevailing party on appeal, not later than 2 weeks after the date that the [Board](/usc/5/8401.md?p=5) issues the appeal decision, the head of the [agency](/usc/5/3132.md?p=a-1) shall remove the notation made under [paragraph (1)](#d-1) and the notation of an adverse finding made under [subsection (a)](#a) from the [employee](/usc/5/4701.md?p=a-2)’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](/usc/5/8401.md?p=26) under [chapter 43](/usc/5/chptIII/sptC/ch43.md) or chapter 75.

## Source credit

(Added Pub. L. 114–328, div. A, title XI, § 1140(a), Dec. 23, 2016, 130 Stat. 2470.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3322, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 422, related to temporary appointments after age 70 in the competitive service, prior to repeal by Pub. L. 95–256, § 5(b)(1), Apr. 6, 1978, 92 Stat. 191, effective Sept. 30, 1978.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 114–328, div. A, title XI, § 1140(b), Dec. 23, 2016, 130 Stat. 2471, provided that: “The amendment made by subsection (a) [enacting this section] 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 enactment of this Act [Dec. 23, 2016].”