[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2131 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2131

 To amend the Homeland Security Act of 2002 to direct the Chief Human 
   Capital Officer of the Department of Homeland Security to improve 
      consistency regarding discipline and adverse actions in the 
            Department's workforce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2017

 Mr. Higgins of Louisiana (for himself and Mr. McCaul) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to direct the Chief Human 
   Capital Officer of the Department of Homeland Security to improve 
      consistency regarding discipline and adverse actions in the 
            Department's workforce, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fixing Internal Response to 
Misconduct Act'' or the ``DHS FIRM Act''.

SEC. 2. DHS POLICY ON DISCIPLINE AND ADVERSE ACTIONS.

    (a) In General.--Section 704 of the Homeland Security Act of 2002 
(6 U.S.C. 344) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (9), by striking ``and'' at the 
                end;
                    (B) in paragraph (10), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(11) implement a Department-wide policy related to 
        discipline and adverse actions described in subsection (e).'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Policy on Discipline and Adverse Actions.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of this subsection, the Chief Human Capital 
        Officer, in accordance with any established Department-wide 
        policy that deals with discipline and adverse actions, shall 
        provide--
                    ``(A) guidance to the senior human resources 
                official overseeing discipline and adverse actions for 
                headquarters personnel and non-component entities, as 
                identified by the Chief Human Capital Officer, and 
                relevant component heads regarding informing the public 
                about how to report employee misconduct;
                    ``(B) guidance on how Department employees should 
                report employee misconduct; and
                    ``(C) guidance on the type, quantity, and frequency 
                of data regarding discipline and adverse actions to be 
                submitted to the Chief Human Capital Officer by the 
                senior human resources official overseeing discipline 
                and adverse actions for headquarters personnel and non-
                component entities, as identified by the Chief Human 
                Capital Officer and component heads for the purposes of 
                paragraph (3)(C).
            ``(2) Table of offenses and penalties.--
                    ``(A) Pre-existing tables.--If a table of offenses 
                and penalties exists for a component of the Department 
                as of the date of the enactment of this subsection, the 
                Chief Human Capital Officer shall review and, if 
                appropriate, approve such table and any changes to such 
                table made after such date of enactment. In cases in 
                which such tables do not comply with Department policy, 
                the Chief Human Capital Officer shall instruct 
                component heads on corrective measures to be taken in 
                order to achieve such compliance.
                    ``(B) New component tables.--If a table of offenses 
                and penalties does not exist for a component of the 
                Department as of the date of enactment of this 
                subsection, a component head may, in coordination with 
                the Chief Human Capital Officer, develop a table of 
                offenses and penalties to be used by such component. 
                The Chief Human Capital Officer shall review and, if 
                appropriate, approve such table and any changes to such 
                table made after such date of enactment. In cases in 
                which such tables or changes do not comply with 
                Department policy, the Chief Human Capital Officer 
                shall instruct the component head on corrective 
                measures to be taken in order to achieve such 
                compliance.
            ``(3) Component responsibilities.--Component heads shall 
        comply with Department-wide policy (including guidance relating 
        to such) regarding discipline and adverse actions for the 
        Department's workforce, including--
                    ``(A) providing any current table of offenses and 
                penalties or future changes to a component's table to 
                the Chief Human Capital Officer for review in 
                accordance with paragraph (2)(A);
                    ``(B) providing any new table of offenses and 
                penalties or future changes to a component's table to 
                the Chief Human Capital Officer for review in 
                accordance with paragraph (2)(B); and
                    ``(C) providing to the Chief Human Capital Officer 
                any data regarding discipline and adverse actions in 
                accordance with paragraph (1)(C).
            ``(4) Oversight.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this subsection, the Chief 
                Human Capital Officer shall implement a process to 
                oversee component compliance with any established 
                Department-wide policy regarding discipline and adverse 
                actions referred to in paragraph (1), including--
                            ``(i) the degree to which components are 
                        complying with such policy; and
                            ``(ii) at a minimum, each fiscal year, a 
                        review of component adjudication of misconduct 
                        data to--
                                    ``(I) ensure consistent adherence 
                                to such policy and any Department-wide 
                                table of offenses and penalties or any 
                                component-specific table of offenses 
                                and penalties approved by the Chief 
                                Human Capital Officer pursuant to 
                                paragraph (2); and
                                    ``(II) determine whether employee 
                                training regarding such misconduct 
                                policy or adjustment in such misconduct 
                                policy is necessary.
                    ``(B) Working groups.--
                            ``(i) In general.--The Chief Human Capital 
                        Officer may establish working groups, as 
                        necessary, to improve employee relations within 
                        the Department. If the Chief Human Capital 
                        Officer establishes such a working group, the 
                        Chief Human Capital Officer shall specify a 
                        timeframe for the completion of such group's 
                        work.
                            ``(ii) Function.--A working group 
                        established pursuant to clause (i) shall 
                        identify the causes in persistent misconduct 
                        referred to in such subparagraph, review 
                        component processes for addressing misconduct, 
                        and develop alternate strategies to address 
                        such misconduct.
                            ``(iii) Participation.--If a working group 
                        is established pursuant to clause (i), the 
                        relevant component head shall participate in 
                        such working group and implement any 
                        recommendations issued by such working group.
                            ``(iv) Follow-up reviews.--The Chief Human 
                        Capital Officer shall conduct annual, or on a 
                        more frequent basis as determined by the Chief 
                        Human Capital Officer, follow-up reviews of 
                        components with respect to which misconduct has 
                        been identified under this paragraph. In 
                        consultation with the Chief Human Capital 
                        Officer, the Secretary may request the 
                        Inspector General of the Department to 
                        investigate any concerns identified through the 
                        oversight process under this subsection that 
                        components have not addressed.
            ``(5) Inspector general functions.--The Inspector General 
        of the Department may, as the Inspector General determines 
        appropriate, issue management alerts regarding misconduct to 
        the Secretary.
            ``(6) Misconduct defined.--In this subsection, the term 
        `misconduct' means the failure of a Department employee to 
        comply with a performance plan, rule, regulation, or law within 
        the scope of such employee's duties, responsibilities, or 
        functions.''.
    (b) Review.--Not later than 30 days after the development of the 
oversight process required under subsection (e) of section 704 of the 
Homeland Security Act of 2002 (6 U.S.C. 344) (as added by subsection 
(a) of this section), the Chief Human Capital Officer of the Department 
of Homeland Security shall provide to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate information on such 
oversight process, including component compliance with any policy 
regarding discipline and adverse actions, data collection efforts, and 
information on the development of any working groups under such 
subsection (e).
    (c) Prohibition on New Funding.--No funds are authorized to carry 
out this section and the amendments made by this section. This section 
and such amendments shall be carried out using amounts otherwise made 
available.
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