IIB 

114TH CONGRESS 

2D SESSION H. R. 4359 

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 Federal employees may not be placed on administrative leave 

for more than 14 days during any year for misconduct 

or poor performance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Administrative Leave 

3 Reform Act’’. 

4 SEC. 2. LIMITATION ON ADMINISTRATIVE LEAVE. 

5 (a) IN GENERAL.—Subchapter II of chapter 63 of 

6 title 5, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 6330. Limitation on administrative leave 

9 ‘‘(a) IN GENERAL.—During any calendar year, an 

10 employee may not be placed on administrative leave, or 

11 any other paid non-duty status without charge to leave, 

12 for more than 14 total days for reasons relating to mis13 conduct or performance. After an employee has been 

14 placed on administrative leave for 14 days, the employing 

15 agency shall return the employee to duty status, utilizing 

16 telework if available, and assign the employee to duties 

17 if such employee is not a threat to safety, the agency mis18 sion, or Government property. 

19 ‘‘(b) EXTENDED ADMINISTRATIVE LEAVE.— 

20 ‘‘(1) IN GENERAL.—If an agency finds that an 

21 employee is a threat to safety, the agency mission, 

22 or Government property and upon the expiration of 

23 the 14-day period described in subsection (a), an 

24 agency head may place the employee on extended ad25 ministrative leave for additional periods of not more 

26 than 30 days each. 


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1 ‘‘(2) REPORT.—For any additional period of 30 

2 days granted to the employee after the initial 30-day 

3 extension, the agency head shall submit to the Com4 mittee on Oversight and Government Reform in the 

5 House of Representatives, the agency’s authorizing 

6 committees of jurisdiction of the House of Rep7 resentatives and the Senate, and the Committee on 

8 Homeland Security and Governmental Affairs of the 

9 Senate a report, not later than 5 business days after 

10 granting the additional period, containing— 

11 ‘‘(A) title, position, office or agency sub12 component, job series, pay grade, and salary of 

13 the employee on administrative leave; 

14 ‘‘(B) a description of the work duties of 

15 the employee; 

16 ‘‘(C) the reason the employee is on admin17 istrative leave; 

18 ‘‘(D) an explanation as to why the em19 ployee is a threat to safety, the agency mission, 

20 or Government property; 

21 ‘‘(E) an explanation as to why the em22 ployee is not able to telework or be reassigned 

23 to another position within the agency; 

24 ‘‘(F) in the case of a pending related inves25 tigation of the employee— 


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1 ‘‘(i) the status of such investigation; 

2 and 

3 ‘‘(ii) the certification described in sub4 section (c)(1); and 

5 ‘‘(G) in the case of a completed related in6 vestigation of the employee— 

7 ‘‘(i) the results of such investigation; 

8 and 

9 ‘‘(ii) the reason that the employee re10 mains on administrative leave. 

11 ‘‘(c) EXTENSION PENDING RELATED INVESTIGA12 TION.— 

13 ‘‘(1) IN GENERAL.—If an employee is under a 

14 related investigation by an investigative entity at the 

15 time an additional period described under subsection 

16 (b)(2) is granted and, in the opinion of the inves17 tigative entity, additional time is needed to complete 

18 the investigation, such entity shall certify to the ap19 plicable agency that such additional time is needed 

20 and include in the certification an estimate of the 

21 length of such additional time. 

22 ‘‘(2) LIMITATION.—The head of an agency may 

23 not grant an additional period of administrative 

24 leave described under subsection (b)(2) to an em25 ployee on or after the date that is 30 days after the 


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1 completion of a related investigation by an investiga2 tive entity. 

3 ‘‘(d) DEFINITIONS.—In this section, the following 

4 definitions apply: 

5 ‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves6 tigative entity’ means an internal investigative unit 

7 of the agency granting administrative leave, the Of8 fice of Inspector General, the Office of the Attorney 

9 General, or the Office of Special Counsel. 

10 ‘‘(2) RELATED INVESTIGATION.—The term ‘re11 lated investigation’ means an investigation that per12 tains to the underlying reasons an employee was 

13 placed on administrative leave.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall begin to apply 90 days after the date 

16 of enactment of this Act. 

17 (c) RULES OF CONSTRUCTION.—Nothing in the 

18 amendment made by subsection (a) shall be construed 

19 to— 

20 (1) supersede the provisions of chapter 75 of 

21 title 5, United States Code; or 

22 (2) limit the number of days that an employee 

23 may be placed on administrative leave, or any other 

24 paid non-duty status without charge to leave, for 

25 reasons unrelated to misconduct or performance. 


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1 (d) CLERICAL AMENDMENT.—The table of sections 

2 for subchapter II of chapter 63 of title 5, United States 

3 Code, is amended by adding after the item relating to sec4 tion 6329 the following new item: 

‘‘6330. Limitation on administrative leave.’’. 

Passed the House of Representatives April 26, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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