,,ii #aadth ,,congress #b;d ,session ,s4 #bdej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bj1 #bjaf ,mr4 ,tester 7for himself1 ,mr4 ,grassley1 ,mr4 ,johnson1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to address administrative leave for ,federal employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,administrative ,leave ,act of #bjaf4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 agency use of administrative leave1 and leave that is referred to incorrectly as administrative leave in agency recording practices1 has exceeded reasonable amounts-- 7,a7 in contravention of-- 7i7 established precedent of the ,comptroller ,general of the ,united ,states2 and 7ii7 guidance provided by the ,office of ,personnel ,management2 and 7,b7 resulting in significant cost to the ,federal ,government2 7#b7 administrative leave should be used sparingly2 7#c7 prior to the use of administrative leave1 an agency should consider other actions1 including-- 7,a7 temporary reassignment2 7,b7 transfer2 and 7,c7 telework2 7#d7 an agency should prioritize and expeditiously conclude an investigation in which an employee is placed in administrative leave so that1 not later than the conclusion of the leave period-- 7,a7 the employee is returned to duty status2 or 7,b7 an appropriate personnel action is taken with respect to the employee2 7#e7 data show that there are too many examples of employees placed in administrative leave for #f months or longer1 leaving the employees without any available recourse to-- 7,a7 return to duty status2 or 7,b7 challenge the decision of the agency2 7#f7 an agency should ensure accurate and consistent recording of the use of administrative leave so that administrative leave can be managed and overseen effectively2 and 7#g7 other forms of excused absence authorized by law should be recorded separately from administrative leave1 as defined by this ,act4 #c4 ,administrative leave 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #fcbi4 ,administrative leave 7a7 ,definitions ,in this section-- 7#a7 the term administrative leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 and 7,b7 that is not authorized under any other provision of law2 7#b7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 and 7,b7 does not include the ,government ,accountability ,office2 and 7#c7 the term employee means an employee of an agency4 7b7 ,administrative leave 7#a7 ,in general ,an agency may not place an employee in administrative leave for a period of more than #e consecutive days4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to limit the use of leave that was specifically authorized under law on the day before the date of enactment of this section4 7#c7 ,records ,an agency shall record administrative leave separately from leave authorized under any other provision of law4 7c7 ,regulations 7#a7 ,,opm regulations ,not later than #a year after the date of enactment of this section1 the ,director of the ,office of ,personnel ,management shall-- 7,a7 prescribe regulations to carry out this section2 and 7,b7 prescribe regulations that provide guidance to agencies regarding-- 7i7 acceptable agency uses of administrative leave2 and 7ii7 the proper recording of-- 7,i7 administrative leave2 and 7,,ii7 other leave authorized by law4 7#b7 ,agency action ,not later than #a year after the date on which the ,director of the ,office of ,personnel ,management prescribes regulations under paragraph 7#a71 each agency shall revise and implement the internal policies of the agency to meet the requirements of this section4 4 7b7 ,,opm study ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management1 in consultation with ,federal agencies1 groups representing ,federal employees1 and other relevant stakeholders1 shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report identifying agency practices1 before the date of enactment of this ,act1 of placing an employee in administrative leave for more than #e consecutive days when the placement was not specifically authorized by law4 7c7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fcbh the following3 #fcbi4 ,administrative leave4 4 #d4 ,investigative leave and notice leave 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #fccj4 ,investigative leave and notice leave 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 7,b7 does not include the ,government ,accountability ,office2 and 7,c7 for the purposes of notice leave1 means the employing agency of an employee covered under chapter #ge2 7#b7 the term ,chief ,human ,capital ,officer means-- 7,a7 the ,chief ,human ,capital ,officer of an agency designated or appointed under section #adja2 or 7,b7 the equivalent2 7#c7 the term committees of jurisdiction1 with respect to an agency1 means each committee in the ,senate and ,house of ,representatives with jurisdiction over the agency2 7#d7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#e7 the term employee-- 7,a7 means an employee of an agency2 and 7,b7 does not include the ,inspector ,general of an agency2 7#f7 the term investigative leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 7,b7 that is not authorized under any other provision of law2 and 7,c7 in which an employee who is the subject of an investigation is placed2 7#g7 the term notice leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 7,b7 that is not authorized under any other provision of law2 and 7,c7 in which an employee who is in a notice period is placed2 and 7#h7 the term notice period means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action4 7b7 ,leave for employees under investigation or in a notice period 7#a7 ,authority ,an agency may1 in accordance with paragraph 7#b71 place an employee in-- 7,a7 investigative leave if the employee is the subject of an investigation2 7,b7 notice leave if the employee is in a notice period2 or 7,c7 notice leave following a placement in investigative leave if1 not later than the day after the last day of the period of investigative leave-- 7i7 the agency proposes or initiates an adverse action against the employee2 and 7ii7 the agency determines that the employee continues to meet #a or more of the criteria described in subsection 7c77#a74 7#b7 ,requirements ,an agency may place an employee in leave under paragraph 7#a7 only if the agency has-- 7,a7 made a determination with respect to the employee under subsection 7c77#a72 7,b7 considered the available options for the employee under subsection 7c77#b72 and 7,c7 determined that none of the available options under subsection 7c77#b7 is appropriate4 7c7 ,employees under investigation or in a notice period 7#a7 ,determinations ,an agency may not place an employee in investigative leave or notice leave under subsection 7b7 unless the continued presence of the employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may-- 7,a7 pose a threat to the employee or others2 7,b7 result in the destruction of evidence relevant to an investigation2 7,c7 result in loss of or damage to ,government property2 or 7,d7 otherwise jeopardize legitimate ,government interests4 7#b7 ,available options for employees under investigation or in a notice period ,after making a determination under paragraph 7#a7 with respect to an employee1 and before placing an employee in investigative leave or notice leave under subsection 7b71 an agency shall consider taking #a or more of the following actions3 7,a7 ,assigning the employee to duties in which the employee is no longer a threat to-- 7i7 safety2 7ii7 the mission of the agency2 7iii7 ,government property2 or 7iv7 evidence relevant to an investigation4 7,b7 ,allowing the employee to take leave for which the employee is eligible4 7,c7 ,requiring the employee to telework under section #fejb7;c74 7,d7 ,if the employee has become absent without requesting leave1 carrying the employee in absence without leave status4 7,e7 ,for an employee subject to a notice period1 curtailing the notice period if there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed4 7#c7 ,duration of leave 7,a7 ,investigative leave ,subject to extensions of a period of investigative leave for which an employee may be eligible under subsections 7d7 and 7e71 the initial placement of an employee in investigative leave shall be for a period not longer than #aj days4 7,b7 ,notice leave ,placement of an employee in notice leave shall be for a period not longer than the duration of the notice period4 7#d7 ,explanation of leave 7,a7 ,in general ,if an agency places an employee in leave under subsection 7b71 the agency shall provide the employee a written explanation of the leave placement and the reasons for the leave placement4 7,b7 ,explanation ,the written notice under subparagraph 7,a7 shall describe the limitations of the leave placement1 including-- 7i7 the applicable limitations under paragraph 7#c72 and 7ii7 in the case of a placement in investigative leave1 an explanation that1 at the conclusion of the period of leave1 the agency shall take an action under paragraph 7#e74 7#e7 ,agency action ,not later than the day after the last day of a period of investigative leave for an employee under subsection 7b77#a71 an agency shall-- 7,a7 return the employee to regular duty status2 7,b7 take #a or more of the actions authorized under paragraph 7#b71 meaning-- 7i7 assigning the employee to duties in which the employee is no longer a threat to-- 7,i7 safety2 7,,ii7 the mission of the agency2 7,,iii7 ,government property2 or 7,,iv7 evidence relevant to an investigation2 7ii7 allowing the employee to take leave for which the employee is eligible2 7iii7 requiring the employee to telework under section #fejb7;c72 7iv7 if the employee has become absent without requesting leave1 carrying the employee in absence without leave status2 or 7v7 for an employee subject to a notice period1 curtailing the notice period if there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed2 7,c7 propose or initiate an adverse action against the employee as provided under law2 or 7,d7 extend the period of investigative leave under subsections 7d7 and 7e74 7#f7 ,rule of construction ,nothing in paragraph 7#e7 shall be construed to prevent the continued investigation of an employee1 except that the placement of an employee in investigative leave may not be extended for that purpose except as provided in subsections 7d7 and 7e74 7d7 ,initial extension of investigative leave 7#a7 ,in general ,subject to paragraph 7#d71 if the ,chief ,human ,capital ,officer of an agency1 or the designee of the ,chief ,human ,capital ,officer1 approves such an extension after consulting with the investigator responsible for conducting the investigation to which an employee is subject1 the agency may extend the period of investigative leave for the employee under subsection 7b7 for not more than #cj days4 7#b7 ,maximum number of extensions ,the total period of additional investigative leave for an employee under paragraph 7#a7 may not exceed #aaj days4 7#c7 ,designation guidance ,not later than #a year after the date of enactment of this section1 the ,chief ,human ,capital ,officers ,council shall issue guidance to ensure that if the ,chief ,human ,capital ,officer of an agency delegates the authority to approve an extension under paragraph 7#a7 to a designee1 the designee is at a sufficiently high level within the agency to make an impartial and independent determination regarding the extension4 7#d7 ,extensions for ,,oig employees 7,a7 ,approval ,in the case of an employee of an ,office of ,inspector ,general-- 7i7 the ,inspector ,general or the designee of the ,inspector ,general1 rather than the ,chief ,human ,capital ,officer or the designee of the ,chief ,human ,capital ,officer1 shall approve an extension of a period of investigative leave for the employee under paragraph 7#a72 or 7ii7 at the request of the ,inspector ,general1 the head of the agency within which the ,office of ,inspector ,general is located shall designate an official of the agency to approve an extension of a period of investigative leave for the employee under paragraph 7#a74 7,b7 ,guidance ,not later than #a year after the date of enactment of this section1 the ,council of the ,inspectors ,general on ,integrity and ,efficiency shall issue guidance to ensure that if the ,inspector ,general or the head of an agency1 at the request of the ,inspector ,general1 delegates the authority to approve an extension under subparagraph 7,a7 to a designee1 the designee is at a sufficiently high level within the ,office of ,inspector ,general or the agency1 as applicable1 to make an impartial and independent determination regarding the extension4 7e7 ,further extension of investigative leave 7#a7 ,in general ,after reaching the limit under subsection 7d77#b71 an agency may further extend a period of investigative leave for an employee for a period of not more than #fj days if1 before the further extension begins1 the head of the agency or1 in the case of an employee of an ,office of ,inspector ,general1 the ,inspector ,general submits a notification that includes the reasons for the further extension to the-- 7,a7 committees of jurisdiction2 7,b7 ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,c7 ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,no limit ,there shall be no limit on the number of further extensions that an agency may grant to an employee under paragraph 7#a74 7#c7 ,,opm review ,an agency shall request from the ,director1 and include with the notification required under paragraph 7#a71 the opinion of the ,director-- 7,a7 with respect to whether to grant a further extension under this subsection1 including the reasons for that opinion2 and 7,b7 which shall not be binding on the agency4 7#d7 ,sunset ,the authority provided under this subsection shall expire on the date that is #f years after the date of enactment of this section4 7f7 ,consultation guidance ,not later than #a year after the date of enactment of this section1 the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 in consultation with the ,attorney ,general and the ,special ,counsel1 shall issue guidance on best practices for consultation between an investigator and an agency on the need to place an employee in investigative leave during an investigation of the employee1 including during a criminal investigation1 because the continued presence of the employee in the workplace during the investigation may-- 7#a7 pose a threat to the employee or others2 7#b7 result in the destruction of evidence relevant to an investigation2 7#c7 result in loss of or damage to ,government property2 or 7#d7 otherwise jeopardize legitimate ,government interests4 7g7 ,reporting and records 7#a7 ,in general ,an agency shall keep a record of the placement of an employee in investigative leave or notice leave by the agency1 including-- 7,a7 the basis for the determination made under subsection 7c77#a72 7,b7 an explanation of why an action under subsection 7c77#b7 was not appropriate2 7,c7 the length of the period of leave2 7,d7 the amount of salary paid to the employee during the period of leave2 7,e7 the reasons for authorizing the leave1 including1 if applicable1 the recommendation made by an investigator under subsection 7d77#a72 and 7,f7 the action taken by the agency at the end of the period of leave1 including1 if applicable1 the granting of any extension of a period of investigative leave4 7#b7 ,availability of records ,an agency shall make a record kept under paragraph 7#a7 available-- 7,a7 to any committee of ,congress1 upon request2 7,b7 to the ,office of ,personnel ,management2 and 7,c7 as otherwise required by law1 including for the purposes of the ,administrative ,leave ,act of #bjaf4 7h7 ,regulations 7#a7 ,,opm action ,not later than #a year after the date of enactment of this section1 the ,director shall prescribe regulations to carry out this section1 including guidance to agencies regarding-- 7,a7 acceptable purposes for the use of-- 7i7 investigative leave2 and 7ii7 notice leave2 7,b7 the proper recording of-- 7i7 the leave categories described in subparagraph 7,a72 and 7ii7 other leave authorized by law2 7,c7 baseline factors that an agency shall consider when making a determination that the continued presence of an employee in the workplace may-- 7i7 pose a threat to the employee or others2 7ii7 result in the destruction of evidence relevant to an investigation2 7iii7 result in loss or damage to ,government property2 or 7iv7 otherwise jeopardize legitimate ,government interests2 and 7,d7 procedures and criteria for the approval of an extension of a period of investigative leave under subsection 7d7 or 7e74 7#b7 ,agency action ,not later than #a year after the date on which the ,director prescribes regulations under paragraph 7#a71 each agency shall revise and implement the internal policies of the agency to meet the requirements of this section4 4 7b7 ,personnel action ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in clause 7xi71 by striking and at the end2 7#b7 by redesignating clause 7xii7 as clause 7xiii72 and 7#c7 by inserting after clause 7xi7 the following3 7xii7 a determination made by an agency under section #fccj7;c77#a7 that the continued presence of an employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may-- 7,i7 pose a threat to the employee or others2 7,,ii7 result in the destruction of evidence relevant to an investigation2 7,,iii7 result in loss or damage to ,government property2 or 7,,iv7 otherwise jeopardize legitimate ,government interests2 and 4 7c7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report evaluating the implementation of the authority provided under sections #fcbi and #fccj of title #e1 ,united ,states ,code1 as added by section #c7;a7 and subsection 7a7 of this section1 respectively1 including-- 7#a7 an assessment of agency use of the authority provided under subsection 7e7 of such section #fccj1 including data regarding-- 7,a7 the number and length of extensions granted under that subsection2 and 7,b7 the number of times that the ,director of the ,office of ,personnel ,management1 under paragraph 7#c7 of that subsection-- 7i7 concurred with the decision of an agency to grant an extension2 and 7ii7 did not concur with the decision of an agency to grant an extension1 including the bases for those opinions of the ,director2 7#b7 recommendations to ,congress1 as appropriate1 on the need for extensions beyond the extensions authorized under subsection 7d7 of such section #fccj2 and 7#c7 a review of the practice of agency placement of an employee in investigative or notice leave under subsection 7b7 of such section #fccj because of a determination under subsection 7c77#a77;,d7 of that section that the employee jeopardized legitimate ,government interests1 including whether any agency abused the authority of the agency by making such a placement when the placement based on such a determination was not justified4 7d7 ,telework ,section #fejb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,required telework ,if an agency determines under section #fccj7;c77#a7 that the continued presence of an employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may pose #a or more of the threats described in that section and the employee is eligible to telework under subsections 7a7 and 7b7 of this section1 the agency may require the employee to telework for the duration of the investigation or the notice period1 if applicable4 4 7e7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fcbi1 as added by this ,act1 the following3 #fccj4 ,investigative leave and notice leave4 4 #e4 ,leave for weather and safety issues 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 as amended by this ,act1 is further amended by adding at the end the following3 #fcca4 ,weather and safety leave 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 and 7,b7 does not include the ,government ,accountability ,office2 and 7#b7 the term employee means an employee of an agency4 7b7 ,leave for weather and safety issues ,an agency may approve the provision of leave to an employee or a group of employees without loss of or reduction in the pay of the employee or employees1 leave to which the employee or employees are otherwise entitled1 or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to-- 7#a7 an act of ,god2 7#b7 a terrorist attack2 or 7#c7 another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location4 7c7 ,records ,an agency shall record leave provided under this section separately from leave authorized under any other provision of law4 7d7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,director of the ,office of ,personnel ,management shall prescribe regulations to carry out this section1 including-- 7#a7 guidance to agencies regarding the appropriate purposes for providing leave under this section2 and 7#b7 the proper recording of leave provided under this section4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fccj1 as added by this ,act1 the following3 8#fcca4 ,weather and safety leave404 #f4 ,additional oversight 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall complete a review of agency policies to determine whether agencies have complied with the requirements of this ,act4 7b7 ,report to ,congress ,not later than #ij days after completing the review under subsection 7a71 the ,director shall submit to ,congress a report evaluating the results of the review4