AUTHORITY TO REQUIRE THAT AN OFFICER TAKE LEAVE PENDING REVIEW OF A RECOMMENDATION FOR REMOVAL BY A BOARD OF INQUIRY.

SEC. 506. AUTHORITY TO REQUIRE THAT AN OFFICER TAKE LEAVE PENDING REVIEW OF A RECOMMENDATION FOR REMOVAL BY A BOARD OF INQUIRY. (a) Requirement.—Section 1182(c) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following new paragraph: “(2) Under regulations prescribed by the Secretary concerned, an officer as to whom a board of inquiry makes a recommendation under paragraph (1) that the officer not be retained on active duty may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin such leave at any time following the officer’s receipt of the report of the board of inquiry, including the board’s recommendation for removal from active duty, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on 116 STAT. 2535which action by the Secretary concerned on the officer’s case is completed or may be terminated at any earlier time.”. (b) Payment for Mandatory Excess Leave Upon Disapproval of Certain Involuntary Separation Recommendations.—Chapter 40 of such title is amended by inserting after section 707 the following new section: “§707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken “(a) An officer— “(1) who is required to take leave under section 1182(c)(2) of this title, any period of which is charged as excess leave under section 706(a) of this title, and “(2) whose recommendation for removal from active duty in a report of a board of inquiry is not approved by the Secretary concerned under section 1184 of this title, shall be paid, as provided in subsection (b), for the period of leave charged as excess leave. “(b)(1) An officer entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under section 1182(c)(2) of this title that is charged as excess leave (except any day of accrued leave for which the officer has been paid under section 706(b)(1) of this title and which has been charged as excess leave). “(2) The officer shall be paid the amount of pay and allowances that is deemed to have accrued to the officer under paragraph (1), reduced by the total amount of his income from wages, salaries, tips, other personal service income, unemployment compensation, and public assistance benefits from any Government agency during the period the officer is deemed to have accrued pay and allowances. Except as provided in paragraph (3), such payment shall be made within 60 days after the date on which the Secretary concerned decides not to remove the officer from active duty. “(3) If an officer is entitled to be paid under this section, but fails to provide sufficient information in a timely manner regarding the officer’s income when such information is requested under regulations prescribed under subsection (c), the period of time prescribed in paragraph (2) shall be extended until 30 days after the date on which the member provides the information requested. “(c) This section shall be administered under uniform regulations prescribed by the Secretaries concerned. The regulations may provide for the method of determining an officer’s income during any period the officer is deemed to have accrued pay and allowances, including a requirement that the officer provide income tax returns and other documentation to verify the amount of the officer’s income.”. (c) Conforming Amendments.—(1) Section 706 of such title is amended— (A) by inserting “or 1182(c)(2)” after “section 876a” in subsections (a), (b)(1), (b)(2), and (c); and (B) by striking “section 707” in subsection (b)(2) and inserting “sections 707 and 707a”. (2) The heading for such section is amended to read as follows:116 STAT. 2536 “§ 706. Administration of leave required to be taken”. (d) Clerical Amendments.—The table of sections at the beginning of chapter 40 of such title is amended— (1) by striking the item relating to section 706 and inserting the following: “706. Administration of leave required to be taken.”; and (2) by inserting after the item relating to section 707 the following new item: “707a. Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken.”.