Sec. 124. Limitation on administrative leave for employees of Department of Veterans Affairs
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Chapter 7 of title 38, United States Code, is further amended by inserting after section 717, as added by section 123, the following new section: The Secretary may not place any covered individual on administrative leave for more than a total of 14 business days during any 365-day period. The Secretary may waive the limitation under paragraph
(1)and extend the period of administrative leave of a covered individual if the Secretary submits to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a detailed explanation of the reasons the covered individual was placed on administrative leave and the reasons for the extension of such leave. Such explanation shall include the position of the covered individual and the location where the covered individual is employed. In this subsection, the term covered individual means an employee of the Department, including an employee in a senior executive position (as defined in section 713(d) of this title)— who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or against whom any disciplinary action is proposed or initiated under this title or title 5. Not later than 30 days after the end of each fiscal year, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report listing the position of each employee of the Department (if any) who has been placed on administrative leave for a period longer than 14 business days during such fiscal year. Each report submitted under paragraph
(1)shall include, with respect to each employee listed in such report, the following: The position occupied by the employee. The number of business days of such leave. The reason that such employee was placed on such leave. In submitting each report under paragraph (1), the Secretary shall take such measures to protect the privacy of the employees listed in the report as the Secretary considers appropriate. In this section, the term administrative leave — means an administratively authorized absence from duty without loss of pay or charge to leave, for which the employee is placed— due to an investigation; or while disciplinary action is proposed or initiated; and includes any type of paid nonduty status without a charge to leave. . Subsection
(a)of section 718 of title 38, United States Code, as added by subsection
(a)of this section, shall apply to any period of administrative leave (as defined in such section) commencing on or after the date of the enactment of this title. The report under section 718(b) of such title (as added by subsection (a)) shall apply beginning in the first quarter that ends after the date that is 180 days after the date of the enactment of this Act. The table of sections at the beginning of chapter 7 of such title is further amended by inserting after the item relating to section 717, as added by section 123, the following new item: 718. Administrative leave limitation and report. .