DHS Paid Administrative Leave Accountability Act of 2015

Bill: 114-hr-1633
Sponsor: full_name: Rep. Loudermilk, Barry [R-GA-11]
Introduced: 2015-03-25
Policy area: Government Operations and Politics
Subjects: Congressional oversight

Department of Homeland Security

Employee leave

Executive agency funding and structure

Government employee pay, benefits, personnel management

Personnel records
Latest action: action_date: 2015-06-24
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2015-03-25
action_desc: Introduced in House
text: <p><strong>DHS Paid Administrative Leave Accountability Act of 2015</strong></p> <p>Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) 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; and (2) the total cost to the component associated with such leave and paid non-duty status for the quarter.</p> <p>Requires the Chief to: (1) monitor the number of such employees and the associated costs, (2) determine 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, (3) develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters, and (4) submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. </p>

action_date: 2015-06-17
action_desc: Reported to House with amendment(s)
text: <p><strong>DHS Paid Administrative Leave Accountability Act of 2015</strong></p> <p>(Sec. 2) Amends the Homeland Security Act of 2002 to direct each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) 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; (2) the total cost to the component associated with such leave and paid non-duty status for the quarter; and (3) the average duration that employees are placed on such administrative leave or paid non-duty status for six months or longer. Requires the Chief to submit quarterly reports for 2016-2018 to Congress on the number of such employees, the costs to DHS, and any actions taken by DHS to resolve any personnel matter involved.</p> <p>Requires the Chief to: (1) maintain records of the number of employees who are placed on administrative leave or paid non-duty status for personnel matters and the associated costs; and (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status.</p> <p>Encourages DHS to leverage existing systems and operations to implement this Act's requirements.</p> <p>(Sec. 3) Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting related information to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter involved in an objective and appropriate manner.</p>

action_date: 2015-06-23
action_desc: Passed House amended
text: <p>(This measure has not been amended since it was reported to the House on June 17, 2015. The summary of that version is repeated here.)</p> <p><strong>DHS Paid Administrative Leave Accountability Act of 2015</strong></p> <p>(Sec. 2) Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS (the Chief): (1) 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; (2) the total cost to the component associated with such leave and paid non-duty status for the quarter; 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.</p> <p>Requires the Chief to: (1) maintain records of the number of such employees and the associated costs; and (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter.</p> <p>Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements.</p> <p>(Sec. 3) Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters.</p> <p>Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) 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.</p> <p>(Sec. 4) Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer.</p> <p>Requires each such report to include: (1) the costs to DHS 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 DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1633 IN THE HOUSE OF REPRESENTATIVES March 25, 2015 Mr. Loudermilk (for himself, Mr. McCaul , Mr. Katko , Mr. Hurd of Texas , Mr. Carter of Georgia , Mr. Walker , Ms. McSally , and Mr. Ratcliffe ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL 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.

1. Short title This Act may be cited as the DHS Paid Administrative Leave Accountability Act of 2015 . 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: 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; and (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. (b) CHCO tracking The Chief Human Capital Officer shall— (1) monitor 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 expeditiously or to eliminate or 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. . (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: 104. Internal tracking and reporting of administrative leave for personnel matters. . 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. 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.

tv_txt: IB Union Calendar No. 119 114th CONGRESS 1st Session H. R. 1633 [Report No. 114–163] IN THE HOUSE OF REPRESENTATIVES March 25, 2015 Mr. Loudermilk (for himself, Mr. McCaul , Mr. Katko , Mr. Hurd of Texas , Mr. Carter of Georgia , Mr. Walker , Ms. McSally , and Mr. Ratcliffe ) introduced the following bill; which was referred to the Committee on Homeland Security June 17, 2015 Additional sponsors: Mr. Hensarling , Mrs. Miller of Michigan , Mr. Perry , and Mr. Austin Scott of Georgia June 17, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 25, 2015 A BILL 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.

1. Short title This Act may be cited as the DHS Paid Administrative Leave Accountability Act of 2015 . 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: 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. . 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. 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.

June 17, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 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.

1. Short title This Act may be cited as the DHS Paid Administrative Leave Accountability Act of 2015 . 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: 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. . 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. 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. Karen L. Haas, Clerk

tv_txt: I 114th CONGRESS 1st Session H. R. 1633 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the DHS Paid Administrative Leave Accountability Act of 2015 . 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: 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. . 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. 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. Karen L. Haas, Clerk.