49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–163 

DHS PAID ADMINISTRATIVE LEAVE ACCOUNTABILITY 

ACT OF 2015 

JUNE 17 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. MCCAUL, from the Committee on Homeland Security, 

submitted the following 

R E P O R T 

[To accompany H.R. 1633] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred 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, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 6 

Duplicative Federal Programs ................................................................................ 6 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 6 

Federal Mandates Statement ................................................................................. 7 

Preemption Clarification ......................................................................................... 7 

Disclosure of Directed Rule Makings ..................................................................... 7 

Advisory Committee Statement .............................................................................. 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 


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The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 

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 nonduty 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. 


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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. 

PURPOSE AND SUMMARY

The purpose of H.R. 1633 is 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. 

BACKGROUND AND NEED FOR LEGISLATION

Federal agencies have the discretion to authorize paid administrative leave, which is an excused absence without loss of pay or 

charge to leave. However, if it is used for extended periods of time, 

such as when an employee is placed on paid administrative leave 

for several months pending a conduct-related investigation, the cost 

to taxpayers could be substantial. 

Existing guidance from the Office of Personnel Management 

(OPM) sets forth that, in rare circumstances, an employee may be 

placed in a paid, non-duty status for a period when a Federal agency determines that the employee’s continued presence on the job 

during the period may: (1) pose a threat to the employee or others; 

(2) result in a loss or damage to Government property; or (3) jeopardize legitimate Government interests. According to the Government Accountability Office (GAO), Federal agencies expended $3.1 

billion between Fiscal Year 2011 and Fiscal Year 2014 on salaries 

for employees on administrative leave, including for employees who 

were awaiting the resolution of a conduct-related investigation. 

(Federal Paid Administrative Leave: Additional Guidance Needed to 

Improve OPM Data, [GAO–15–79], Oct. 20, 2014). GAO found that 

during this three-year period, within the Department of Homeland 

Security (DHS), over $380 million was expended on 1.5 million 

days of paid administrative leave for excused absences, a subset of 

which are attributable to conduct-related investigations. In part, 

DHS’ paid leave expenditure is attributable to about 200 DHS employees who had been placed on paid administrative leave, pending 

a conduct-related investigation, for periods totaling six or more 

months. 

Given the cost to taxpayers, the Department should have policies 

and procedures in place to ensure proper management of paid adVerDate Sep 11 2014 02:56 Jun 20, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR163.XXX HR163

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ministrative leave, particularly administrative leave provided when 

an employee undergoes investigation for misconduct or criminal 

matters. However, DHS does not have such a policy and, consequently, does not have assurance of consistent administration of 

this category of leave throughout the Department. 

The Department should track the number of employees placed on 

paid administrative leave for personnel matters for six months or 

longer and the costs associated with such periods of leave to ensure 

that it is providing effective oversight of both DHS’ employees and 

taxpayer dollars. Additionally, the Department’s Chief Human 

Capital Officer should provide sufficient oversight to better safeguard taxpayer resources. Such action is in line with the memorandum issued by OPM on May 29, 2015 that announced a Government-wide effort to improve the quality and accuracy of data maintained by Federal agencies pertaining to administrative leave. The 

Committee would emphasize that the focus of this legislation is 

oversight of employees paid salaries and benefits for long periods 

of time when under investigation for personnel matters, such as 

misconduct issues and criminal matters. This measure does not 

seek to address the Department’s use of paid administrative leave 

for other purposes, such as for civic-related duties (e.g. voting and 

blood donation) or severe weather events that prohibit safe operations. 

HEARINGS

No hearings were held on H.R. 1633. 

COMMITTEE CONSIDERATION

The Committee met on May 20, 2015, to consider H.R. 1633, and 

ordered the measure to be reported to the House with a favorable 

recommendation, amended, by voice vote. The Committee took the 

following actions: 

The following amendments were offered: 

An Amendment in the Nature of a Substitute offered by MR. 

LOUDERMILK (#1); was AGREED TO, as amended, by voice vote. 

An Amendment by MRS. TORRES to the Amendment in the Nature 

of a Substitute (#1A); was AGREED TO by voice vote. 

Page 2, line 8, strike ‘‘and’’. 

Page 2, line 12, strike the period and insert ‘‘; and’. 

Page 2, after line 12, insert the following: ‘‘(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.’’. 

An Amendment by MRS. WATSON COLEMAN to the Amendment in 

the Nature of a Substitute (#1B); was AGREED TO by voice vote. 

Page 3, after line 11, insert a new subsection entitled ‘‘(d) Leverage of Existing 

Systems’’. 

An Amendment by MRS. WATSON COLEMAN to the Amendment in 

the Nature of a Substitute (#1C); was WITHDRAWN by unanimous 

consent. 

Page 5, after line 17, insert a new section entitled ‘‘Sec. 5. Additional Resources.’’ 

The Subcommittee on Oversight and Management Efficiency met 

on May 13, 2015, to consider H.R. 1633, and ordered the measure 


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forwarded to the Full Committee with a favorable recommendation, 

amended, by voice vote. The Subcommittee took the following actions: 

The following amendment was offered: 

An amendment offered by MRS. WATSON COLEMAN (#1); was 

AGREED TO by voice vote. 

Page 3, line 3, strike ‘‘monitor’’ and insert ‘‘maintain records of’’. 

Page 3, line 12, insert ‘‘objectively, appropriately, and’’ before ‘‘expeditiously’’. 

Page 3, line 13, strike ‘‘eliminate or’’. 

Page 4, line 19, after the period insert the following: 

‘‘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.’’ 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested during consideration of H.R. 

1633. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 1633, the 

DHS Paid Administrative Leave Accountability Act of 2015, would 

result in no new or increased budget authority, entitlement authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 15, 2015. 

Hon. MICHAEL MCCAUL, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1633, the DHS Paid Administrative Leave Accountability Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

KEITH HALL. 

Enclosure. 


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H.R. 1633—DHS Paid Administrative Leave Accountability Act of 

2015 

H.R. 1633 would require the Department of Homeland Security 

(DHS) to develop and implement a policy for the use of certain 

types of administrative leave and paid non-duty status for instances where DHS employees are paid and not charged for such 

leave; the department would also have to maintain records on the 

use of such leave or non-duty status. Finally, the bill would require 

the department to submit quarterly reports over the 2016–2018 period on the number of DHS employees who have spent at least six 

consecutive months on certain types of paid non-duty status. 

Based on information from DHS, CBO estimates that implementing H.R. 1633 would cost less than $500,000 annually over the 

2016–2018 period; any spending would be subject to the availability 

of appropriated funds. Much of the data needed for the required reports and records is currently collected by the department. Because 

enacting the legislation would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 

H.R. 1633 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 1633 contains the following general performance goals and objectives, including outcome related goals and 

objectives authorized. 

The performance goals and objectives of H.R. 1633 include the 

development and implementation of a Department-wide policy regarding paid administrative leave for personnel matters. The Department shall also improve the internal tracking and reporting of 

the number of employees placed on administrative leave for personnel matters for longer than a period of six months and the total 

costs associated with such leave. The Department shall report to 

Congress on these issues to increase transparency and accountability. 

DUPLICATIVE FEDERAL PROGRAMS

Pursuant to clause 3(c) of rule XIII, the Committee finds that 

H.R. 1633 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another Federal program. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(e), 9(f), or 9(g) of the rule XXI. 


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FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

PREEMPTION CLARIFICATION

In compliance with section 423 of the Congressional Budget Act 

of 1974, requiring the report of any Committee on a bill or joint 

resolution to include a statement on the extent to which the bill or 

joint resolution is intended to preempt State, local, or Tribal law, 

the Committee finds that H.R. 1633 does not preempt any State, 

local, or Tribal law. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that H.R. 1633 would require no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides that bill may be cited as the ‘‘DHS Paid Administrative Leave Accountability Act of 2015’’. 

Section 2. Improved internal tracking and reporting 

This section amends the Homeland Security Act of 2002 (Public 

Law 107–296; 6 U.S.C. 101 et seq.) to require heads of DHS components to provide the Department’s Chief Human Capital Officer 

data related to paid administrative leave within 90 days of the 

Act’s enactment. DHS components are required to provide each 

quarter the (1) number of employees placed on administrative leave 

for personnel matters for longer than a period of 6 months; (2) total 

cost to the component associated with paying administrative leave 

for such employees, including salaries and benefits; and (3) the average length of time that employees (those placed on paid administrative leave for personnel matters for longer than 6 months) have 

been on such leave. To determine the actual costs associated with 

these employees, DHS should include the cost of both employees’ 

salaries and the benefits provided while on paid administrative 

leave for longer than six months to the extent that the information 

is available. In the event that calculating the cost of benefits provided to these employees is prohibitively burdensome, the Department may use generally accepted estimates, provided that there is 

a sufficient, detailed explanation of the methodology used. If this 


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approach is taken, the Committee encourages the Department to 

receive prior input from the Government Accountability Office on 

the methodology. Section 2 also requires the Department’s Chief 

Human Capital Officer to maintain records on this data and work 

with components to determine the appropriate actions to take to resolve these personnel matters objectively, appropriately, and expeditiously. Section 2 defines personnel matters as relating to ‘‘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.’’ Section 2 encourages the Secretary to leverage existing systems and operations to fulfill the requirements of this section of the Act. 

The Committee notes that the Department’s Office of the Chief Human Capital Officer received almost $22 million in fiscal year 

2014 to carry out its duties for providing overall management and 

administration for the human capital policies, programs, and practices for its workforce. The Committee did not authorize additional 

appropriations for the Chief Human Capital Officer to provide 

greater Departmental oversight of the approximately 200 employees within the Department’s workforce of 240,000 employees that 

have been placed on administrative leave pending resolution of personnel matters for six or more months. The Committee expects the 

Department to integrate this activity into what the Department 

identified in its fiscal year 2016 budget justification as one of its 

key human capital priority areas-developing human capital policies 

and guidance in order to ensure alignment of priorities with compliance with laws and regulations. This section directs the Department to use existing systems and resources to better track and 

monitor costs associated with administrative leave for personnel 

matters extending longer than six months. 

In the event that, after enactment of this Act, the Secretary determines that implementation of this law will require reallocation 

of existing resources or new resources, the Committee expects the 

Secretary or designee, to provide timely notification and a detailed 

explanation for such a determination to the Committee. 

Section 3. Development and implementation of policy 

This section requires DHS’s Chief Human Capital Officer to develop and implement a Department-wide policy specifically related 

to the use of paid administrative leave for personnel matters, completing implementation within 90 days of the Act’s enactment. The 

policy should include the responsibilities of components for reporting information on paid administrative leave to the Chief Human 

Capital Officer. Section 3 requires that the policy provide guidance 

on how to expedite the resolution of matters involving employees 

on paid administrative leave for personnel matters for a period of 

six consecutive months or longer. 

Section 4. Reports to Congress on Department of Homeland Security 

employees on administrative leave for personnel matters 

This section requires DHS’s Chief Human Capital Officer to submit to the House and Senate Homeland Security Committees a report each quarter on the number of employees placed on administrative leave for personnel matters for a period of six consecutive 


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months or longer. The reports should include (1) the costs associated with employees placed on administrative leave and (2) actions 

taken by DHS to resolve personnel matters for such employees. 

Section 4 requires that the policy should provide guidance on 

how to objectively and appropriately expedite the resolution of personnel matters resulting in the placement of an employee on paid 

administrative leave for a period longer than 6 months. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Homeland Security Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND SECURITY 

* * * * * * * 

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

* * * * * * * 

TITLE I—DEPARTMENT OF HOMELAND 

SECURITY 

* * * * * * * 

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— 


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(1) maintain records of the number of employees of the Department who are placed on administrative leave or paid nonduty 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. 

* * * * * * * 

Æ 


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