Administrative Leave Reform Act

Bill: 114-hr-4359
Sponsor: full_name: Rep. Chaffetz, Jason [R-UT-3]
Introduced: 2016-01-11
Policy area: Government Operations and Politics
Subjects: Congressional oversight

Employee leave

Employee performance

Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Government studies and investigations
Latest action: action_date: 2016-04-27
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2016-01-11
action_desc: Introduced in House
text: <p><strong>Administrative Leave Reform Act</strong></p> <p>This bill prohibits placing a federal employee 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. </p>

action_date: 2016-04-25
action_desc: Reported to House with amendment(s)
text: <p><strong>Administrative Leave Reform Act</strong></p> <p>(Sec. 2) This bill prohibits placing a federal employee 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. </p> <p>After an employee has been placed on administrative leave for 14 days, the employing agency: (1) 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 mission, or government property; or (2) may place an employee who is determined to be such a threat on extended administrative leave for additional periods of not more than 30 days each.</p> <p>For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency shall submit a report containing:</p> <ul> <li>the name, title, position, office or agency subcomponent, job series, pay grade, and salary of the employee;</li> <li>a description of the employee's work duties;</li> <li>the reason for the administrative leave;</li> <li>an explanation as to why the employee is such a threat;</li> <li>an explanation as to why the employee is not able to telework or be reassigned to another position within the agency;</li> <li>the status of any pending related investigation and a certification that such additional time is needed; and</li> <li>the results of a completed investigation and the reason that the employee remains on administrative leave.</li> </ul> <p>An investigative entity must certify to the applicable agency that such additional time is needed and include an estimate of the length of such additional time.</p> <p> An agency may not grant such additional period of administrative leave to an employee on or after 30 days following the completion of a related investigation.

action_date: 2016-04-26
action_desc: Passed House amended
text: <p><strong>Administrative Leave Reform Act</strong></p> <p>(Sec. 2) This bill prohibits placing a federal employee 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. </p> <p>After an employee has been placed on administrative leave for 14 days, the employing agency: (1) 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 mission, or government property; or (2) may place an employee who is found to be such a threat on extended administrative leave for additional periods of not more than 30 days each.</p> <p>For any additional period of 30 days granted to the employee after the initial 30-day extension, the agency shall submit a report containing:</p> <ul> <li>the title, position, office or agency subcomponent, job series, pay grade, and salary of the employee;</li> <li>a description of the employee's work duties;</li> <li>the reason for the administrative leave;</li> <li>an explanation as to why the employee is such a threat;</li> <li>an explanation as to why the employee is not able to telework or be reassigned to another position within the agency;</li> <li>the status of any pending related investigation and a certification that such additional time is needed; and</li> <li>the results of a completed investigation and the reason that the employee remains on administrative leave.</li> </ul> <p>An investigative entity must certify to the applicable agency that such additional time is needed and include an estimate of the length of such additional time.</p> <p> An agency may not grant such additional period of administrative leave to an employee on or after 30 days following the completion of a related investigation. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4359 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 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.

1. Short title This Act may be cited as the Administrative Leave Reform Act . 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: 6329. Limitation on administrative leave 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 misconduct or performance. . (b) Effective date The amendment made by subsection (a) shall begin to apply 90 days after the date of enactment of this Act. (c) Rule of construction Nothing in the amendment made by subsection (a) shall be construed to 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. (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 6328 the following new item: 6329. Limitation on administrative leave. .

tv_txt: I 114th CONGRESS 2d Session H. R. 4359 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Administrative Leave Reform Act . 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 misconduct 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 mission, 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 administrative leave for additional periods 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 Committee on Oversight and Government Reform in the House of Representatives, the agency’s authorizing committees of jurisdiction of the House of Representatives 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 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 administrative leave; (D) an explanation as to why the employee is a threat to safety, the agency mission, or Government property; (E) an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; (F) in the case of a pending related investigation of the employee— (i) the status of such investigation; and (ii) the certification described in subsection (c)(1); and (G) in the case of a completed related investigation of the employee— (i) the results of such investigation; and (ii) the reason that the employee remains on administrative leave. (c) Extension pending related investigation (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 investigative entity, additional time is needed to complete the investigation, such entity shall certify to the applicable 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 employee on or after the date that is 30 days after the completion of a related investigation by an investigative entity. (d) Definitions In this section, the following definitions apply: (1) Investigative entity The term investigative entity means an internal investigative unit of the agency granting administrative leave, the Office of Inspector General, the Office of the Attorney General, or the Office of Special Counsel. (2) Related investigation The term related investigation means an investigation that pertains 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. (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. .

Passed the House of Representatives April 26, 2016. Karen L. Haas, Clerk.

tv_txt: 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. Short title This Act may be cited as the Administrative Leave Reform Act . 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 misconduct 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 mission, 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 administrative leave for additional periods 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 Committee on Oversight and Government Reform in the House of Representatives, the agency’s authorizing committees of jurisdiction of the House of Representatives 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 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 administrative leave; (D) an explanation as to why the employee is a threat to safety, the agency mission, or Government property; (E) an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; (F) in the case of a pending related investigation of the employee— (i) the status of such investigation; and (ii) the certification described in subsection (c)(1); and (G) in the case of a completed related investigation of the employee— (i) the results of such investigation; and (ii) the reason that the employee remains on administrative leave. (c) Extension pending related investigation (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 investigative entity, additional time is needed to complete the investigation, such entity shall certify to the applicable 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 employee on or after the date that is 30 days after the completion of a related investigation by an investigative entity. (d) Definitions In this section, the following definitions apply: (1) Investigative entity The term investigative entity means an internal investigative unit of the agency granting administrative leave, the Office of Inspector General, the Office of the Attorney General, or the Office of Special Counsel. (2) Related investigation The term related investigation means an investigation that pertains 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. (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. .

Passed the House of Representatives April 26, 2016. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 400 114th CONGRESS 2d Session H. R. 4359 [Report No. 114–520] 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 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.

1. Short title This Act may be cited as the Administrative Leave Reform Act . 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 misconduct 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 mission, or Government property. (b) Extended administrative leave (1) In general If an agency head determines 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 administrative leave for additional periods 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 Committee on Oversight and Government Reform in the House of Representatives, the agency’s authorizing committees of jurisdiction of the House of Representatives 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) 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 administrative leave; (D) an explanation as to why the employee is a threat to safety, the agency mission, or Government property; (E) an explanation as to why the employee is not able to telework or be reassigned to another position within the agency; (F) in the case of a pending related investigation of the employee— (i) the status of such investigation; and (ii) the certification described in subsection (c)(1); and (G) in the case of a completed related investigation of the employee— (i) the results of such investigation; and (ii) the reason that the employee remains on administrative leave. (c) Extension pending related investigation (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 investigative entity, additional time is needed to complete the investigation, such entity shall certify to the applicable 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 employee on or after the date that is 30 days after the completion of a related investigation by an investigative entity. (d) Definitions In this section, the following definitions apply: (1) Investigative entity The term investigative entity means an internal investigative unit of the agency granting administrative leave, the Office of Inspector General, the Office of the Attorney General, or the Office of Special Counsel. (2) Related investigation The term related investigation means an investigation that pertains 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. (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. .

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