IB 

Union Calendar No. 400 

114TH CONGRESS 

2D SESSION H. R. 4359 

[Report No. 114–520] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2016 

Mr. CHAFFETZ introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

APRIL 25, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 11, 2016] 


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•HR 4359 RH

A BILL 

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. 


srobinson on DSK5SPTVN1PROD with BILLS
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Reform Act’’. 

6 SEC. 2. LIMITATION ON ADMINISTRATIVE LEAVE. 

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

8 5, United States Code, is amended by adding at the end 

9 the following: 

10 ‘‘§ 6330. Limitation on administrative leave 

11 ‘‘(a) IN GENERAL.—During any calendar year, an em12 ployee may not be placed on administrative leave, or any 

13 other paid non-duty status without charge to leave, for more 

14 than 14 total days for reasons relating to misconduct or 

15 performance. After an employee has been placed on admin16 istrative leave for 14 days, the employing agency shall re17 turn the employee to duty status, utilizing telework if avail18 able, and assign the employee to duties if such employee 

19 is not a threat to safety, the agency mission, or Government 

20 property. 

21 ‘‘(b) EXTENDED ADMINISTRATIVE LEAVE.— 

22 ‘‘(1) IN GENERAL.—If an agency head deter23 mines that an employee is a threat to safety, the 

24 agency mission, or Government property and upon 

25 the expiration of the 14-day period described in subVerDate Sep 11 2014 21:22 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4359.RH H4359

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1 section (a), an agency head may place the employee 

2 on extended administrative leave for additional peri3 ods of not more than 30 days each. 

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

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

6 extension, the agency head shall submit to the Com7 mittee on Oversight and Government Reform in the 

8 House of Representatives, the agency’s authorizing 

9 committees of jurisdiction of the House of Representa10 tives and the Senate, and the Committee on Home11 land Security and Governmental Affairs of the Senate 

12 a report, not later than 5 business days after granting 

13 the additional period, containing— 

14 ‘‘(A) the name, title, position, office or 

15 agency subcomponent, job series, pay grade, and 

16 salary of the employee on administrative leave; 

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

18 employee; 

19 ‘‘(C) the reason the employee is on adminis20 trative leave; 

21 ‘‘(D) an explanation as to why the employee 

22 is a threat to safety, the agency mission, or Gov23 ernment property; 


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1 ‘‘(E) an explanation as to why the employee 

2 is not able to telework or be reassigned to an3 other position within the agency; 

4 ‘‘(F) in the case of a pending related inves5 tigation of the employee— 

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

7 and 

8 ‘‘(ii) the certification described in sub9 section (c)(1); and 

10 ‘‘(G) in the case of a completed related in11 vestigation of the employee— 

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

13 and 

14 ‘‘(ii) the reason that the employee re15 mains on administrative leave. 

16 ‘‘(c) EXTENSION PENDING RELATED INVESTIGA17 TION.— 

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

19 related investigation by an investigative entity at the 

20 time an additional period described under subsection 

21 (b)(2) is granted and, in the opinion of the investiga22 tive entity, additional time is needed to complete the 

23 investigation, such entity shall certify to the applica24 ble agency that such additional time is needed and 


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1 include in the certification an estimate of the length 

2 of such additional time. 

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

4 not grant an additional period of administrative 

5 leave described under subsection (b)(2) to an employee 

6 on or after the date that is 30 days after the comple7 tion of a related investigation by an investigative en8 tity. 

9 ‘‘(d) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 ‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves12 tigative entity’ means an internal investigative unit 

13 of the agency granting administrative leave, the Office 

14 of Inspector General, the Office of the Attorney Gen15 eral, or the Office of Special Counsel. 

16 ‘‘(2) RELATED INVESTIGATION.—The term ‘re17 lated investigation’ means an investigation that per18 tains to the underlying reasons an employee was 

19 placed on administrative leave.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall begin to apply 90 days after the date of 

22 enactment of this Act. 

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

24 amendment made by subsection (a) shall be construed to— 


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1 (1) supersede the provisions of chapter 75 of title 

2 5, United States Code; or 

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

4 may be placed on administrative leave, or any other 

5 paid non-duty status without charge to leave, for rea6 sons unrelated to misconduct or performance. 

7 (d) CLERICAL AMENDMENT.—The table of sections for 

8 subchapter II of chapter 63 of title 5, United States Code, 

9 is amended by adding after the item relating to section 6329 

10 the following new item: 

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


srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 400 

114TH CONGRESS 

2D SESSION H. R. 4359 

[Report No. 114–520] 

A BILL 

To amend title 5, United States Code, to provide 

and for other purposes. any year for misconduct or poor performance, ministrative leave for more than 14 days during that Federal employees may not be placed on adAPRIL 25, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK5SPTVN1PROD with BILLS