[Congressional Record Volume 161, Number 101 (Tuesday, June 23, 2015)]
[House]
[Pages H4566-H4569]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DHS PAID ADMINISTRATIVE LEAVE ACCOUNTABILITY ACT OF 2015
Mr. LOUDERMILK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1633) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1633
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 six 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 six 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
[[Page H4567]]
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 six 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 six 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia (Mr. Loudermilk) and the gentlewoman from New Jersey (Mrs.
Watson Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from Georgia.
General Leave
Mr. LOUDERMILK. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Georgia?
There was no objection.
Mr. LOUDERMILK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I believe our children and grandchildren deserve a
better government than the one that we are passing on to them. Families
are struggling due to a lagging economy. Government intrusion and
senseless regulations on businesses are pushing jobs overseas. With the
recent rash of scandals within our Federal Government, the American
people are continually losing their faith in representatives of our
government.
I know we can do better, and the American people expect to see
change. I came to Congress to make a difference, to cut spending, to
eliminate waste, and to hold Big Government bureaucrats accountable and
make this Nation a place that is more free, safe, and full of
opportunity.
This is what the American people expect from us, and now is the time
for us to take bold and decisive action, and that is why I am standing
here today.
The Department of Homeland Security has roughly 240,000 employees who
work around the clock to protect the lives and liberties of Americans,
and I am grateful for their dedicated service.
However, due to a lack of proper management and accountability, there
are numbers of DHS employees who are staying at home and drawing a
paycheck while being investigated for acts of misconduct.
In May of 2014, the former deputy inspector general at the Department
of Homeland Security was accused of altering reports and delaying
investigations. One of those investigations was the Secret Service
prostitution scandal that occurred in 2012.
The Senate Subcommittee on Financial and Contracting Oversight delved
into this case, which also led to further investigations. However, even
though the former deputy inspector general was being investigated for
gross misconduct, he was placed on administrative leave, receiving full
pay and benefits for almost an entire year.
We all know that there are occasional incidents like this in any
organization. However, if this was an isolated case, I would not be
standing here today presenting this bill, but there are numerous cases
like it.
The Government Accountability Office reported that from 2011 to 2013,
the Department of Homeland Security provided its employees with over
1.5 million days of paid administrative leave, equating to over $380
million in taxpayer dollars. Most of this paid leave was granted to
employees who were on administrative leave for reasons of misconduct.
Unfortunately, the Department has no agencywide standards or
reporting policies regarding paid administrative leave for employees
being investigated for misconduct. This lack of management and
accountability allows employees with disciplinary issues, like the
former deputy inspector general, to fall through the cracks.
This bill, H.R. 1633, the DHS Paid Administrative Leave
Accountability Act of 2015, requires the Chief Human Capital Officer to
implement an agencywide policy regarding those who are on paid
administrative leave for more than 6 months being investigated for
misconduct. In addition, it requires the Department to report to
Congress the number of employees on administrative leave during
investigation, as well as the associated costs.
Having a commonsense policy, as mandated by this bill, will
potentially save the Department millions of dollars and provide for
critical oversight and accountability.
The bill will also require the Chief Human Capital Officer to submit
quarterly reports to the House and Senate Homeland Security Committees.
These reports will allow more oversight by Congress and ensure DHS is
no longer squandering hard-working taxpayer dollars.
DHS must do a better job of tracking employees under investigation
for misconduct and, in a timely manner, take appropriate action to hold
them accountable. Employees who tarnish the Department's reputation do
not deserve paid vacations at taxpayer expense.
Americans are tired of government carelessly giving away their future
through mismanagement and thoughtless spending habits.
I encourage my colleagues to support passage of H.R. 1633, a
commonsense bill that will help prevent fraud, alleviate waste, and
better safeguard taxpayer dollars.
Mr. Speaker, I reserve the balance of my time.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume, and rise in strong support of H.R. 1633, the DHS Paid
Administrative Leave Accountability Act of 2015.
Mr. Speaker, this measure which was unanimously approved in
committee, seeks to enhance how certain paid administrative leave is
tracked and managed by the Department of Homeland Security.
H.R. 1633 was introduced in response to a 2014 Government
Accountability Office report that looked at paid administrative leave
expenditures across government between fiscal years 2011 and 2014.
In that report, GAO found that, overall, agencies spent $3.1 billion
on paid administrative leave. Of that amount, the Department of
Homeland Security spent $380 million on this category of leave.
Agencies approve administrative leave for a variety of reasons, from
severe weather events, to jury duty, to voting, to disciplinary matters
subject to investigation.
[[Page H4568]]
H.R. 1633 focuses on helping to improve DHS' management of just one
segment of paid administrative leave expenditures, leave that is paid
for 6 or more consecutive months to an employee that is under
investigation by the Department for a conduct or criminal matter.
This legislation directs the Department's Chief Human Capital Officer
to maintain records from throughout the Department on the number of
employees who are paid leave for 6 or more consecutive months during a
DHS personnel investigation; the total costs, including salaries and
benefits associated with this leave; and the average length of time
that an employee in these circumstances is on paid administrative
leave.
H.R. 1633 also directs the Department's Chief Human Capital Officer
to develop and implement departmentwide policy on how components can
comply with this recordkeeping requirement and guidance and on how
components can expedite the resolution of personnel matters for an
employee in these circumstances.
In committee, language I authored was accepted to ensure that when a
component expeditiously works to resolve personnel matters, as directed
by this bill, that component must do so in a way that is objective and
fair.
{time} 1630
The addition of this language is important because we do not want to
create the impression that Congress values expediency and cost-cutting
over fairness.
Even as we look to foster greater accountability, we must not lose
sight of the fact that we are talking about people's careers here.
Before I close, I would add that this legislation does nothing to
disturb the discretion that the Department has to make leave decisions,
and this bill should not impact the availability of paid administrative
leave to the DHS workforce.
Mr. Speaker, I reserve the balance of my time.
Mr. LOUDERMILK. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Austin Scott), my good friend.
Mr. AUSTIN SCOTT of Georgia. Mr. Speaker, I rise today in support of
H.R. 1633, the DHS Paid Administrative Leave Accountability Act of
2015, introduced by my colleague from Georgia, Barry Loudermilk.
Over the span of 2 years, Department of Homeland Security employees
racked up approximately 1.5 million days of paid administrative leave,
which amounts to hundreds of millions of taxpayer dollars. Some of
these employees were placed on leave due to investigations into alleged
misconduct.
Stopping wasteful government spending has been a top priority for me
during my time in Congress, which is why I am proud to cosponsor this
piece of legislation.
This bill increases government transparency by establishing an
accountability system within the Department of Homeland Security. This
system is essential in safeguarding against waste, fraud, and abuse.
I am glad that it is a bipartisan measure. I look forward to its
passage, and I urge my colleagues to support H.R. 1633 and stand with
this commonsense legislation that saves taxpayer dollars.
Mrs. WATSON COLEMAN. Mr. Speaker, I have no further speakers, and I
reserve the balance of my time.
Mr. LOUDERMILK. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Carter), my colleague, friend, and fellow member of the
Homeland Security Committee.
Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of H.R.
1633.
From 2011 to 2013, over 200 DHS employees were placed on paid
administrative leave. While administrative leave may be necessary on a
case-by-case basis, more frequently, we hear of Federal employees who
are under investigation for conduct-related actions. These
investigations can last for several months, which can result in a
substantial cost to taxpayers.
For example, in 2013, a DHS employee was placed on paid
administrative leave for running a Web site that predicted and
advocated a race war. Such action should not involve paid leave. It
clearly should involve termination of employment.
Another example involves former Acting and Deputy DHS Inspector
General Charles Edwards. Mr. Edwards was placed on paid leave in May of
2014. As of October 2014, he was still on paid administrative leave.
This bill protects precious taxpayer dollars by requiring DHS to
track and report on employees placed on administrative leave for
personnel matters. By keeping track of who is on paid administrative
leave, we can better ensure we are not using the taxpayers' dime to pay
for DHS employee misconduct.
I urge my colleagues to support this bill.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, as I mentioned before, this legislation would do nothing
to disturb the availability of paid administrative leave for DHS
workers who need it to vote or to serve on a jury. It is narrowly
focused on getting a handle on how much the Department is spending on
paid administrative leave for individuals under investigation for 6 or
more months.
These circumstances are often tough for all involved. The sooner
there is an appropriate resolution, the better it is for everyone
involved. If enacted, H.R. 1633 would help to ensure that such matters
are resolved in a timely and appropriate manner.
Mr. Speaker, I urge passage, and I yield back the balance of my time.
Mr. LOUDERMILK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, once again, I urge my colleagues to support this strong,
commonsense, and bipartisan piece of legislation.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, I rise in strong support of H.R. 1633, the ``DHS
Paid Administrative Leave Accountability Act of 2015.''
This bill makes needed improvements relating to the tracking and
reporting of employees of the Department of Homeland Security including
administrative leave, or any other type of paid non-duty status without
charge to leave, and personal matters, and for other purposes.
I support this bipartisan legislation, which amends the Homeland
Security Act of 2002 to direct the head of each component of the
Department of Homeland Security to submit on a quarterly basis two
reports to the Chief Human Capital Officer of DHS.
Mr. Speaker, Title I of Homeland Security Act would be amended by
adding Section 104 which provides for the improvement of internal
tracking and reporting for administrative leave.
First, this bill directs that the number of employees who had been on
administrative leave, or any other type of paid non-duty status without
charge to leave, for personnel matters for six consecutive months or
longer be reported.
Second, DHS agency heads must report the total cost to the component
associated with such leave and paid non-duty status for that quarter.
The Chief Human Capital Officer is responsible for determining
appropriate actions to be taken by DHS to resolve any personnel matter
expeditiously or to eliminate or reduce the use of such leave and paid
non-duty status in addressing any personnel matter.
The Chief HCO is also to develop and implement a department-wide
policy in accordance with existing federal guidance specifically
related to the use of such leave of paid non-duty status for personnel
matters.
Mr. Speaker, H.R. 1633 enhances transparency and allows for more
fiscally conservative policy in regards to the costs associated with
paid administrative leave.
However, it may be more difficult to accomplish this level of
transparency in regards to how data for leave is extracted and
recorded.
These are time sensitive additions which will require that within 90
days of the enactment of this Act, and quarterly thereafter, the
department heads are required to submit their reports to the Chief
Officer.
In that same time span the Chief HC Officer is to promulgate a
department-wide policy in accordance with existing Federal guidance
specifically related to the use of administrative leave.
I join my colleagues in working to strengthen efficiency in all areas
of government and supporting fiscally conservative methods to achieve
this goal.
I urge all of my colleagues to join me in supporting the passage of
H.R. 1633.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Georgia (Mr. Loudermilk) that the House suspend the
rules and pass the bill, H.R. 1633, as amended.
The question was taken; and (two-thirds being in the affirmative) the
[[Page H4569]]
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________