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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 3330e Review of official personnel file of former Federal employees before rehiring us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 33 EXAMINATION, SELECTION, AND PLACEMENT 3330e 5 U.S.C. § 3330e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s3330e data/legal/raw/us/code/title-05/usc05.xml ff1947d5c832020ee34830ce6aeb6cf7c8daa09a0c51a3e6cf21a83293a6bde2 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 5ee7a9e601649083739a3ce07b6687eac9f908364c5f52ec646d2e138a3bf3b4 2026-07-04 official
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5 U.S.C. § 3330e - Review of official personnel file of former Federal employees before rehiring

Text

(a) If a former Government employee is a candidate for a position within the competitive service or the excepted service, prior to making any determination with respect to the appointment or reinstatement of such employee to such position, the appointing authority shall review and consider merit-based information relating to such employees former period or periods of service such as official personnel actions, employee performance ratings, and disciplinary actions, if any, in such employees 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 described under subsection (a) was within the competitive service or the excepted service.

(c) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this section. Such regulations may not contain provisions that would increase the time required for agency hiring actions.

(Added Pub. L. 114328, div. A, title XI, § 1136(a), Dec. 23, 2016, 130 Stat. 2460.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 114328, div. A, title XI, § 1136(b), Dec. 23, 2016, 130 Stat. 2460, provided that: “The amendment made by subsection (a) [enacting this section] shall apply to any former Government employee (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 [Dec. 23, 2016].”