[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[House]
[Pages 10266-10269]
[From the U.S. 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 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

[[Page 10267]]

     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

[[Page 10268]]

leave for a variety of reasons, from severe weather events, to jury 
duty, to voting, to disciplinary matters subject to investigation.
  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

[[Page 10269]]

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 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________