(a) Definitions.—In this section—
(3)
the term “committees of jurisdiction”, with respect to an agency, means each committee of the Senate or House of Representatives with jurisdiction over the agency;
(9)
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 action.
(b) Leave for Employees Under Investigation or in a Notice Period.—
(1) Authority.—An agency may, in accordance with paragraph (2), place an employee in—
(C) notice leave following a placement in investigative leave if, not later than the day after the last day of the period of investigative leave—
(2) Requirements.—An agency may place an employee in leave under paragraph (1) only if the agency has—
(A) made a determination with respect to the employee that the continued presence of the employee in the workplace during an investigation of the employee or while the employee is in a notice period, as applicable, may—
(B) considered—
(iv)
for an employee subject to a notice period, 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 imposed; and
(3) Duration of leave.—
(B) Notice leave.—
Placement of an employee in notice leave shall be for a period not longer than the duration of the notice period.
(4) Explanation of leave.—
(A) In general.—
If an agency places an employee in leave under this subsection, the agency shall provide the employee a written explanation of whether the employee was placed in investigative leave or notice leave.
(B) Explanation.—The written notice under subparagraph (A) shall describe the limitations of the leave placement, including—
(ii)
in the case of a placement in investigative leave, an explanation that, at the conclusion of the period of leave, the agency shall take an action under paragraph (5).
(5) Agency action.—Not later than the day after the last day of a period of investigative leave for an employee under paragraph (1), an agency shall—
(6) Rule of construction.—
Nothing in paragraph (5) shall be construed to prevent the continued investigation of an employee, except that the placement of an employee in investigative leave may not be extended for that purpose except as provided in subsections (c) and (d).
(c) Initial Extension of Investigative Leave.—
(1) In general.—
Subject to paragraph (4), if the Chief Human Capital Officer of an agency, or the designee of the Chief Human Capital Officer, approves such an extension after consulting with the investigator responsible for conducting the investigation to which an employee is subject, the agency may extend the period of investigative leave for the employee under subsection (b) for not more than 30 work days.
(2) Maximum number of extensions.—
The total period of additional investigative leave for an employee under paragraph (1) may not exceed 90 work days.
(3) Designation guidance.—
Not later than 270 days after the date of enactment of this section, 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 (1) to a designee, the designee is at a sufficiently high level within the agency to make an impartial and independent determination regarding the extension.
(4) Extensions for OIG employees.—
(A) Approval.—In the case of an employee of an Office of Inspector General—
(i)
the Inspector General or the designee of the Inspector General, rather than the Chief Human Capital Officer or the designee of the Chief Human Capital Officer, shall approve an extension of a period of investigative leave for the employee under paragraph (1); or
(ii)
at the request of the Inspector General, 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 (1).
(B) Guidance.—
Not later than 270 calendar days after the date of enactment of this section, 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 agency, at the request of the Inspector General, delegates the authority to approve an extension under subparagraph (A) to a designee, the designee is at a sufficiently high level within the Office of Inspector General or the agency, as applicable, to make an impartial and independent determination regarding the extension.
(d) Further Extension of Investigative Leave.—
(1) Report.—After reaching the limit under subsection (c)(2) and if an investigative entity submits a certification under paragraph (2) of this subsection, an agency may further extend a period of investigative leave for an employee for periods of not more than 30 work days each if, not later than 5 business days after granting each further extension, the agency submits 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, along with any other committees of jurisdiction, a report containing—
(E) in the case of an employee required to telework under section 6502(c) during the investigation of the employee—
(2) Certification.—If, after an employee has reached the limit under subsection (c)(2), an investigative entity determines that additional time is needed to complete the investigation of the employee, the investigative entity shall—
(B)
include in the certification an estimate of the amount of time that is necessary to complete the investigation of the employee.
(3) No extensions after completion of investigation.—
An agency may not further extend a period of investigative leave of an employee under paragraph (1) on or after the date that is 30 calendar days after the completion of the investigation of the employee by an investigative entity.
(e) Consultation Guidance.—Not later than 270 calendar days after the date of enactment of this section, the Council of the Inspectors General on Integrity and Efficiency, in consultation with the Attorney General and the Special Counsel, 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 employee, including during a criminal investigation, because the continued presence of the employee in the workplace during the investigation may—
(f) Reporting and Records.—
(1) In general.—An agency shall keep a record of the placement of an employee in investigative leave or notice leave by the agency, including—
(B)
an explanation of why an action under clauses (i) through (iv) of subsection (b)(2)(B) was not appropriate;
(E)
the reasons for authorizing the leave, including, if applicable, the recommendation made by an investigator under subsection (c)(1);
(F)
whether the employee is required to telework under section 6502(c) during the investigation, including the reasons for requiring the employee to telework; and
(G)
the action taken by the agency at the end of the period of leave, including, if applicable, the granting of any extension of a period of investigative leave under subsection (c) or (d).
(g) Recourse to the Office of Special Counsel.—
For purposes of subchapter II of chapter 12 and section 1221, placement on investigative leave under subsection (b) of this section for a period of not less than 70 work days shall be considered a personnel action under paragraph (8) or (9) of section 2302(b).
(h) Regulations.—
(1) OPM action.—Not later than 270 calendar days after the date of enactment of this section, the Director shall prescribe regulations to carry out this section, including guidance to agencies regarding—
(C) baseline factors that an agency shall consider when making a determination that the continued presence of an employee in the workplace may—
(D)
procedures and criteria for the approval of an extension of a period of investigative leave under subsection (c) or (d).
(i) Relation to Other Laws.—
Notwithstanding subsection (a) of section 7421 of title 38, this section shall apply to an employee described in subsection (b) of that section.