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] 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
A BILL 
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. 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 em-
ployee 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 misconduct or 
performance. After an employee has been placed on admin-
istrative leave for 14 days, the employing agency shall re-
turn the employee to duty status, utilizing telework if avail-
able, and assign the employee to duties if such employee 
is not a threat to safety, the agency mission, or Government 
property. 
‘‘(b) EXTENDED ADMINISTRATIVE LEAVE.— 
‘‘(1) IN
GENERAL.—If an agency head deter-
mines 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 sub-
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
section (a), an agency head may place the employee 
on extended administrative leave for additional peri-
ods of not more than 30 days each. 
‘‘(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 Representa-
tives and the Senate, and the Committee on Home-
land Security and Governmental Affairs of the Senate 
a report, not later than 5 business days after granting 
the additional period, containing— 
‘‘(A) the name, title, position, office or 
agency subcomponent, 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 adminis-
trative leave; 
‘‘(D) an explanation as to why the employee 
is a threat to safety, the agency mission, or Gov-
ernment property; 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
‘‘(E) an explanation as to why the employee 
is not able to telework or be reassigned to an-
other position within the agency; 
‘‘(F) in the case of a pending related inves-
tigation of the employee— 
‘‘(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 investiga-
tive entity, additional time is needed to complete the 
investigation, such entity shall certify to the applica-
ble agency that such additional time is needed and 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
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 employee 
on or after the date that is 30 days after the comple-
tion of a related investigation by an investigative en-
tity. 
‘‘(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) INVESTIGATIVE ENTITY.—The term ‘inves-
tigative entity’ means an internal investigative unit 
of the agency granting administrative leave, the Office 
of Inspector General, the Office of the Attorney Gen-
eral, 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 sub-
section (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— 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS
(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 rea-
sons unrelated to misconduct or performance. 
(d) CLERICAL AMENDMENT.—The table of sections for 
subchapter II of chapter 63 of title 5, United States Code, 
is amended by adding after the item relating to section 6329 
the following new item: 
‘‘6330. Limitation on administrative leave.’’. 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6213
E:\BILLS\H4359.RH
H4359
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 
that Federal employees may not be placed on ad-
ministrative leave for more than 14 days during 
any year for misconduct or poor performance, 
and for other purposes. 
APRIL 25, 2016 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:22 Apr 25, 2016
Jkt 059200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H4359.RH
H4359
srobinson on DSK5SPTVN1PROD with BILLS