[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1633 Referred in Senate (RFS)]

114th CONGRESS
  1st Session
                                H. R. 1633


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2015

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
   To provide for certain improvements relating to the tracking and 
reporting of employees of the Department of Homeland Security placed on 
administrative leave, or any other type of paid non-duty status without 
    charge to leave, for personnel matters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Paid Administrative Leave 
Accountability Act of 2015''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND 
              REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.

    (a) In General.--Title I of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the 
end the following new section:

``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR 
              PERSONNEL MATTERS.

    ``(a) Internal Reporting.--Not later than 90 days after the date of 
the enactment of the DHS Paid Administrative Leave Accountability Act 
of 2015, and quarterly thereafter, the head of each component of the 
Department shall submit to the Chief Human Capital Officer of the 
Department--
            ``(1) the number of employees of the component who had been 
        on administrative leave, or any other type of paid non-duty 
        status without charge to leave, for personnel matters for a 
        period of 6 consecutive months or longer as of the last day of 
        the period covered by the report;
            ``(2) the total cost to the component associated with such 
        administrative leave and such paid non-duty status (including 
        salary and benefits) for the period covered by the report; and
            ``(3) the average duration that employees are placed on 
        administrative leave, or any other type of paid non-duty status 
        without charge to leave, for personnel matters for a period of 
        6 consecutive months or longer, as of the last day of the 
        period covered by the report for the component.
    ``(b) CHCO Tracking.--The Chief Human Capital Officer shall--
            ``(1) maintain records of the number of employees of the 
        Department who are placed on administrative leave or paid non-
        duty status without charge to leave for personnel matters and 
        the costs (including salary and benefits) associated with such 
        leave or non-duty status; and
            ``(2) in consultation with the head of each of the 
        components of the Department, determine any appropriate actions 
        to be taken by the Department to resolve any personnel matter 
        objectively, appropriately, and expeditiously or to reduce the 
        use of administrative leave and paid non-duty status without 
        charge to leave in addressing any personnel matter.
    ``(c) Personnel Matters Defined.--In this section, the term 
`personnel matters' means, with respect to an employee, any personnel 
investigation (including any investigation into misconduct and any 
national security or suitability investigation), any criminal matter, 
or any adverse action proposed or taken by the Department, including 
any action under chapter 75 of title 5, United States Code.
    ``(d) Leverage of Existing Systems.--In carrying out this section, 
the Secretary is encouraged to leverage systems and operations in use 
on the date of enactment of the DHS Paid Administrative Leave 
Accountability Act of 2015 to implement the requirements of this 
section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 103 
the following new item:

``Sec. 104. Internal tracking and reporting of administrative leave for 
                            personnel matters.''.

SEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON 
              ADMINISTRATIVE LEAVE.

    By not later than 90 days after the date of the enactment of this 
Act, the Chief Human Capital Officer of the Department of Homeland 
Security shall develop and implement a Department-wide policy in 
accordance with existing Federal guidance specifically related to the 
use of administrative leave, or any other type of paid non-duty status 
without charge to leave, for personnel matters. Such policy shall 
include the responsibilities of the components of the Department for 
reporting information relating to such administrative leave and such 
paid non-duty status to the Chief Human Capital Officer, as required 
under section 104(a) of the Homeland Security Act of 2002 (Public Law 
107-296), as added by section 2. Such policy shall provide guidance on 
expediting the resolution of a personnel matter for which an employee 
has been on administrative leave or any other type of paid non-duty 
status without charge to leave for a period of 6 consecutive months or 
longer in an objective and appropriate manner.

SEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY 
              EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.

    (a) Quarterly Reports.--Not later than 30 days after the last day 
of each calendar quarter of 2016, 2017, and 2018, the Chief Human 
Capital Officer of the Department of Homeland Security shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the number of Department employees on administrative 
leave, and any other type of paid non-duty status without charge to 
leave, for personnel matters for a period of 6 consecutive months or 
longer as of the last day of the quarter covered by the report. Each 
such report shall include--
            (1) the costs to the Department associated with the 
        placement of such employees on administrative leave or such 
        paid non-duty status (including salary and benefits) for the 
        period covered by the report; and
            (2) a description of any actions taken by the Department to 
        resolve any personnel matter for which an employee has been 
        placed on administrative leave or paid non-duty status without 
        charge to leave.
    (b) Personnel Matters.--In this section, the term ``personnel 
matters'' has the meaning given such term in


              

 section 104(c) of the Homeland Security Act of 2002 (Public Law 107-
296), as added by section 2.

            Passed the House of Representatives June 23, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.