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Bill114th CongressFiled Jan 20, 2016Government Operations and Politics
S. 2450

Administrative Leave Act of 2016

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What it doesSummary reported to senate with amendment(s) (Jul 6, 2016)

Administrative Leave Act of 2016

(Sec. 2) This bill expresses the sense of Congress that:

  • federal agency use of administrative leave has exceeded reasonable amounts, resulting in significant cost to the federal government;
  • administrative leave should be used sparingly;
  • an agency should consider other actions to address personnel issues, including temporary reassignment, transfer, and telework;
  • an agency should prioritize and expeditiously conclude an investigation in which an employee is placed in administrative leave so that the employee is returned to duty status or an appropriate personnel action is taken by the conclusion of the leave period;
  • there are too many examples of employees placed in administrative leave for six months or longer;
  • an agency should ensure accurate and consistent recording of the use of administrative leave so that such leave can be managed and overseen effectively; and
  • other forms of excused absence authorized by law should be recorded separately from administrative leave.

(Sec. 3) The bill: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days; (2) requires agencies to record administrative leave separately from other types of leave; (3) requires the Office of Personnel Management (OPM) to prescribe regulations with respect to acceptable agency uses of, and proper recording of, administrative leave and other leave authorized by law; (4) directs agencies to revise and implement their internal policies to meet the requirements of this bill; and (5) requires OPM to report to specified congressional committees on agency use of administrative leave.

(Sec. 4) In lieu of administrative leave, agencies may place an employee in investigative or notice leave if the employee is under investigation or the target of an adverse action. An agency may not place an employee in investigative or notice leave unless the continued presence of the employee in the workplace may pose a threat, cause loss of, or damage to, government property, or otherwise jeopardize legitimate government interests. Before placing an employee on investigative or notice leave, an agency must consider other options, including reassigning the employee, allowing the employee to take available leave, allowing the employee to telework, or treating the employee as absent without leave. The day after a period of investigative leave ends, the agency shall take one of such options, return the employee to regular duty status, propose or initiate an adverse action against the employee, or extend the period of investigative leave. The bill sets forth requirements for extending such leave.

The Council of the Inspectors General on Integrity and Efficiency shall issue guidance on best practices for consultation between an investigator and an agency on the need to place an employee in investigative leave.

(Sec. 5) Agencies may grant leave to employees without loss of or reduction in pay, other leave, or credit for time or service if, due to an act of God, a terrorist attack, or another condition, such employees are prevented from safely traveling to or performing work at an approved location.

(Sec. 6) OPM must report to Congress within three years on whether agency policies comply with the requirements of this bill.

What just happenedJul 6, 2016

Placed on Senate Legislative Calendar under General Orders. Calendar No. 545.

Who’s behind it

Sen. Tester, Jon [D-MT](D-MT)Sponsor
5 cosponsors2 D3 R
Read on Congress.gov
5cosponsors1committees6actions2related bills5subjects
  1. Jul 6, 2016Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 545.

  2. Jul 6, 2016Committee

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-292.

    Homeland Security and Governmental Affairs Committee
  3. Jul 6, 2016Committee14000

    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-292.

    Homeland Security and Governmental Affairs Committee
  4. Feb 10, 2016Committee

    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Homeland Security and Governmental Affairs Committee
  5. Jan 20, 2016IntroReferral

    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

    Homeland Security and Governmental Affairs Committee
  6. Jan 20, 2016IntroReferral10000

    Introduced in Senate

Reported to Senate with amendment(s)Jul 6, 20161

Administrative Leave Act of 2016

(Sec. 2) This bill expresses the sense of Congress that:

  • federal agency use of administrative leave has exceeded reasonable amounts, resulting in significant cost to the federal government;
  • administrative leave should be used sparingly;
  • an agency should consider other actions to address personnel issues, including temporary reassignment, transfer, and telework;
  • an agency should prioritize and expeditiously conclude an investigation in which an employee is placed in administrative leave so that the employee is returned to duty status or an appropriate personnel action is taken by the conclusion of the leave period;
  • there are too many examples of employees placed in administrative leave for six months or longer;
  • an agency should ensure accurate and consistent recording of the use of administrative leave so that such leave can be managed and overseen effectively; and
  • other forms of excused absence authorized by law should be recorded separately from administrative leave.

(Sec. 3) The bill: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days; (2) requires agencies to record administrative leave separately from other types of leave; (3) requires the Office of Personnel Management (OPM) to prescribe regulations with respect to acceptable agency uses of, and proper recording of, administrative leave and other leave authorized by law; (4) directs agencies to revise and implement their internal policies to meet the requirements of this bill; and (5) requires OPM to report to specified congressional committees on agency use of administrative leave.

(Sec. 4) In lieu of administrative leave, agencies may place an employee in investigative or notice leave if the employee is under investigation or the target of an adverse action. An agency may not place an employee in investigative or notice leave unless the continued presence of the employee in the workplace may pose a threat, cause loss of, or damage to, government property, or otherwise jeopardize legitimate government interests. Before placing an employee on investigative or notice leave, an agency must consider other options, including reassigning the employee, allowing the employee to take available leave, allowing the employee to telework, or treating the employee as absent without leave. The day after a period of investigative leave ends, the agency shall take one of such options, return the employee to regular duty status, propose or initiate an adverse action against the employee, or extend the period of investigative leave. The bill sets forth requirements for extending such leave.

The Council of the Inspectors General on Integrity and Efficiency shall issue guidance on best practices for consultation between an investigator and an agency on the need to place an employee in investigative leave.

(Sec. 5) Agencies may grant leave to employees without loss of or reduction in pay, other leave, or credit for time or service if, due to an act of God, a terrorist attack, or another condition, such employees are prevented from safely traveling to or performing work at an approved location.

(Sec. 6) OPM must report to Congress within three years on whether agency policies comply with the requirements of this bill.

Introduced in SenateJan 20, 2016

Administrative Leave Act of 2016

This bill expresses the sense of Congress that federal agency use of administrative leave for personnel purposes has exceeded reasonable amounts.

The bill: (1) prohibits an agency from placing an employee in administrative leave for more than five consecutive days; (2) requires agencies to record administrative leave separately from other types of leave; (3) requires the Office of Personnel Management (OPM) to prescribe regulations with respect to acceptable agency uses of, and proper recording of, administrative leave and other leave authorized by law;  (4) directs agencies to revise and implement their internal policies to meet the requirements of this bill; and (5) requires OPM to report to specified congressional committees on agency use of administrative leave.

In lieu of administrative leave, agencies may place an employee in investigative or notice leave if the employee is under investigation or the target of an adverse action. An agency may not place an employee in investigative or notice leave unless the continued presence of the employee in the workplace may pose a threat or cause loss of, or damage to, government property. Before placing an employee on investigative or notice leave, an agency must consider other options, including reassigning the employee, allowing the employee to take available leave, allowing the employee to telework, or treating the employee as absent without leave.

Agencies may grant leave to employees who cannot report to work due to: (1) an act of God, (2) a terrorist attack, or (3) another condition that prevents such employees from safely traveling to or performing work at an approved location.

OPM must report to Congress within three years on whether agency policies comply with the requirements of this bill.

Administrative Leave Act of 2016 — Informed