[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.