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 Fed-
eral 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Administrative Leave 
Reform Act’’. 
SEC. 2. LIMITATION ON ADMINISTRATIVE LEAVE. 
(a) IN GENERAL.—Subchapter II of chapter 63 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 6330. Limitation on administrative leave 
‘‘(a) IN GENERAL.—During any calendar year, an 
employee may not be placed on administrative leave, or 
any other paid non-duty status without charge to leave, 
for more than 14 total days for reasons relating to mis-
conduct or performance. After an employee has been 
placed on administrative leave for 14 days, the employing 
agency shall return the employee to duty status, utilizing 
telework if available, and assign the employee to duties 
if such employee is not a threat to safety, the agency mis-
sion, or Government property. 
‘‘(b) EXTENDED ADMINISTRATIVE LEAVE.— 
‘‘(1) IN GENERAL.—If an agency finds that an 
employee is a threat to safety, the agency mission, 
or Government property and upon the expiration of 
the 14-day period described in subsection (a), an 
agency head may place the employee on extended ad-
ministrative leave for additional periods of not more 
than 30 days each. 
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‘‘(2) REPORT.—For any additional period of 30 
days granted to the employee after the initial 30-day 
extension, the agency head shall submit to the Com-
mittee on Oversight and Government Reform in the 
House of Representatives, the agency’s authorizing 
committees of jurisdiction of the House of Rep-
resentatives and the Senate, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report, not later than 5 business days after 
granting the additional period, containing— 
‘‘(A) title, position, office or agency sub-
component, job series, pay grade, and salary of 
the employee on administrative leave; 
‘‘(B) a description of the work duties of 
the employee; 
‘‘(C) the reason the employee is on admin-
istrative leave; 
‘‘(D) an explanation as to why the em-
ployee is a threat to safety, the agency mission, 
or Government property; 
‘‘(E) an explanation as to why the em-
ployee is not able to telework or be reassigned 
to another position within the agency; 
‘‘(F) in the case of a pending related inves-
tigation of the employee— 
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‘‘(i) the status of such investigation; 
and 
‘‘(ii) the certification described in sub-
section (c)(1); and 
‘‘(G) in the case of a completed related in-
vestigation of the employee— 
‘‘(i) the results of such investigation; 
and 
‘‘(ii) the reason that the employee re-
mains on administrative leave. 
‘‘(c) EXTENSION PENDING RELATED INVESTIGA-
TION.— 
‘‘(1) IN GENERAL.—If an employee is under a 
related investigation by an investigative entity at the 
time an additional period described under subsection 
(b)(2) is granted and, in the opinion of the inves-
tigative entity, additional time is needed to complete 
the investigation, such entity shall certify to the ap-
plicable agency that such additional time is needed 
and include in the certification an estimate of the 
length of such additional time. 
‘‘(2) LIMITATION.—The head of an agency may 
not grant an additional period of administrative 
leave described under subsection (b)(2) to an em-
ployee on or after the date that is 30 days after the 
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completion of a related investigation by an investiga-
tive entity. 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves-
tigative entity’ means an internal investigative unit 
of the agency granting administrative leave, the Of-
fice of Inspector General, the Office of the Attorney 
General, or the Office of Special Counsel. 
‘‘(2) RELATED INVESTIGATION.—The term ‘re-
lated investigation’ means an investigation that per-
tains to the underlying reasons an employee was 
placed on administrative leave.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall begin to apply 90 days after the date 
of enactment of this Act. 
(c) RULES
OF CONSTRUCTION.—Nothing in the 
amendment made by subsection (a) shall be construed 
to— 
(1) supersede the provisions of chapter 75 of 
title 5, United States Code; or 
(2) limit the number of days that an employee 
may be placed on administrative leave, or any other 
paid non-duty status without charge to leave, for 
reasons unrelated to misconduct or performance. 
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