[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4359 Referred in Senate (RFS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives 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:
``Sec. 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.
Attest:
KAREN L. HAAS,
Clerk.