[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 490 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 490


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
To amend the Homeland Security Act of 2002 to improve morale within the 
      Department of Homeland Security workforce by conferring new 
 responsibilities to the Chief Human Capital Officer, establishing an 
  employee engagement steering committee, requiring action plans, and 
 authorizing an annual employee award program, 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 ``Department of Homeland Security 
Morale, Recognition, Learning and Engagement Act of 2021'' or the ``DHS 
MORALE Act''.

SEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

    Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, including with respect 
                        to leader development and employee 
                        engagement,'' after ``policies'';
                            (ii) by striking ``and in line'' and 
                        inserting ``, in line''; and
                            (iii) by inserting ``and informed by best 
                        practices within the Federal government and the 
                        private sector,'' after ``priorities,'';
                    (B) in paragraph (2), by striking ``develop 
                performance measures to provide a basis for monitoring 
                and evaluating'' and inserting ``use performance 
                measures to evaluate, on an ongoing basis,'';
                    (C) in paragraph (3), by inserting ``that, to the 
                extent practicable, are informed by employee feedback'' 
                after ``policies'';
                    (D) in paragraph (4), by inserting ``including 
                leader development and employee engagement programs,'' 
                before ``in coordination'';
                    (E) in paragraph (5), by inserting before the 
                semicolon at the end the following: ``that is informed 
                by an assessment, carried out by the Chief Human 
                Capital Officer, of the learning and developmental 
                needs of employees in supervisory and non-supervisory 
                roles across the Department and appropriate workforce 
                planning initiatives'';
                    (F) by redesignating paragraphs (9) and (10) as 
                paragraphs (13) and (14), respectively; and
                    (G) by inserting after paragraph (8) the following 
                new paragraphs:
            ``(9) maintain a catalogue of available employee 
        development opportunities, including the Homeland Security 
        Rotation Program pursuant to section 844, departmental 
        leadership development programs, interagency development 
        programs, and other rotational programs;
            ``(10) ensure that employee discipline and adverse action 
        programs comply with the requirements of all pertinent laws, 
        rules, regulations, and Federal guidance, and ensure due 
        process for employees;
            ``(11) analyze each Department or Government-wide Federal 
        workforce satisfaction or morale survey not later than 90 days 
        after the date of the publication of each such survey and 
        submit to the Secretary such analysis, including, as 
        appropriate, recommendations to improve workforce satisfaction 
        or morale within the Department;
            ``(12) review and approve all component employee engagement 
        action plans to ensure such plans include initiatives 
        responsive to the root cause of employee engagement challenges, 
        as well as outcome-based performance measures and targets to 
        track the progress of such initiatives;'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Chief Learning and Engagement Officer.--The Chief Human 
Capital Officer may designate an employee of the Department to serve as 
a Chief Learning and Engagement Officer to assist the Chief Human 
Capital Officer in carrying out this section.''; and
            (4) in subsection (e), as so redesignated--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (1) the following 
                new paragraphs:
            ``(2) information on employee development opportunities 
        catalogued pursuant to paragraph (9) of subsection (b) and any 
        available data on participation rates, attrition rates, and 
        impacts on retention and employee satisfaction;
            ``(3) information on the progress of Department-wide 
        strategic workforce planning efforts as determined under 
        paragraph (2) of subsection (b);
            ``(4) information on the activities of the steering 
        committee established pursuant to section 711(a), including the 
        number of meetings, types of materials developed and 
        distributed, and recommendations made to the Secretary;''.

SEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following new 
section:

``SEC. 711. EMPLOYEE ENGAGEMENT.

    ``(a) Steering Committee.--Not later than 120 days after the date 
of the enactment of this section, the Secretary shall establish an 
employee engagement steering committee, including representatives from 
operational components, headquarters, and field personnel, including 
supervisory and non-supervisory personnel, and employee labor 
organizations that represent Department employees, and chaired by the 
Under Secretary for Management, to carry out the following activities:
            ``(1) Identify factors that have a negative impact on 
        employee engagement, morale, and communications within the 
        Department, such as perceptions about limitations on career 
        progression, mobility, or development opportunities, collected 
        through employee feedback platforms, including through annual 
        employee surveys, questionnaires, and other communications, as 
        appropriate.
            ``(2) Identify, develop, and distribute initiatives and 
        best practices to improve employee engagement, morale, and 
        communications within the Department, including through annual 
        employee surveys, questionnaires, and other communications, as 
        appropriate.
            ``(3) Monitor efforts of each component to address employee 
        engagement, morale, and communications based on employee 
        feedback provided through annual employee surveys, 
        questionnaires, and other communications, as appropriate.
            ``(4) Advise the Secretary on efforts to improve employee 
        engagement, morale, and communications within specific 
        components and across the Department.
            ``(5) Conduct regular meetings and report, not less than 
        once per quarter, to the Under Secretary for Management, the 
        head of each component, and the Secretary on Department-wide 
        efforts to improve employee engagement, morale, and 
        communications.
    ``(b) Action Plan; Reporting.--The Secretary, acting through the 
Chief Human Capital Officer, shall--
            ``(1) not later than 120 days after the date of the 
        establishment of the employee engagement steering committee 
        under subsection (a), issue a Department-wide employee 
        engagement action plan, reflecting input from the steering 
        committee and employee feedback provided through annual 
        employee surveys, questionnaires, and other communications in 
        accordance with paragraph (1) of such subsection, to execute 
        strategies to improve employee engagement, morale, and 
        communications within the Department; and
            ``(2) require the head of each component to--
                    ``(A) develop and implement a component-specific 
                employee engagement plan to advance the action plan 
                required under paragraph (1) that includes performance 
                measures and objectives, is informed by employee 
                feedback provided through annual employee surveys, 
                questionnaires, and other communications, as 
                appropriate, and sets forth how employees and, where 
                applicable, their labor representatives are to be 
                integrated in developing programs and initiatives;
                    ``(B) monitor progress on implementation of such 
                action plan; and
                    ``(C) provide to the Chief Human Capital Officer 
                and the steering committee quarterly reports on actions 
                planned and progress made under this paragraph.
    ``(c) Termination.--This section shall terminate on the date that 
is five years after the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 710 the following new item:

``Sec. 711. Employee engagement.''.
    (c) Submissions to Congress.--
            (1) Department-wide employee engagement action plan.--The 
        Secretary of Homeland Security, acting through 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 the Department-wide employee 
        engagement action plan required under subsection (b)(1) of 
        section 711 of the Homeland Security Act of 2002 (as added by 
        subsection (a) of this section) not later than 30 days after 
        the issuance of such plan under such subsection (b)(1).
            (2) Component-specific employee engagement plans.--Each 
        head of a component 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 the component-specific 
        employee engagement plan of each such component required under 
        subsection (b)(2) of section 711 of the Homeland Security Act 
        of 2002 not later than 30 days after the issuance of each such 
        plan under such subsection (b)(2).

SEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.), as amended by section 3 of this Act, is further 
amended by adding at the end the following new section:

``SEC. 712. ANNUAL EMPLOYEE AWARD PROGRAM.

    ``(a) In General.--The Secretary may establish an annual employee 
award program to recognize Department employees or groups of employees 
for significant contributions to the achievement of the Department's 
goals and missions. If such a program is established, the Secretary 
shall--
            ``(1) establish within such program categories of awards, 
        each with specific criteria, that emphasizes honoring employees 
        who are at the non-supervisory level;
            ``(2) publicize within the Department how any employee or 
        group of employees may be nominated for an award;
            ``(3) establish an internal review board comprised of 
        representatives from Department components, headquarters, and 
        field personnel to submit to the Secretary award 
        recommendations regarding specific employees or groups of 
        employees;
            ``(4) select recipients from the pool of nominees submitted 
        by the internal review board under paragraph (3) and convene a 
        ceremony at which employees or groups of employees receive such 
        awards from the Secretary; and
            ``(5) publicize such program within the Department.
    ``(b) Internal Review Board.--The internal review board described 
in subsection (a)(3) shall, when carrying out its function under such 
subsection, consult with representatives from operational components 
and headquarters, including supervisory and non-supervisory personnel, 
and employee labor organizations that represent Department employees.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed to authorize additional funds to carry out the requirements 
of this section or to require the Secretary to provide monetary bonuses 
to recipients of an award under this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, as amended by section 3 of this Act, 
is further amended by inserting after the item relating to section 711 
the following new item:

``Sec. 712. Annual employee award program.''.

SEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall investigate whether the application in the Department of Homeland 
Security of discipline and adverse actions are administered in an 
equitable and consistent manner that results in the same or 
substantially similar disciplinary outcomes across the Department for 
misconduct by a non-supervisory or supervisor employee who engaged in 
the same or substantially similar misconduct.
    (b) Consultation.--In carrying out the investigation described in 
subsection (a), the Comptroller General of the United States shall 
consult with the Under Secretary for Management of the Department of 
Homeland Security and the employee engagement steering committee 
established pursuant to subsection (b)(1) of section 711 of the 
Homeland Security Act of 2002 (as added by section 3(a) of this Act).
    (c) Action by Under Secretary for Management.--Upon completion of 
the investigation described in subsection (a), the Under Secretary for 
Management of the Department of Homeland Security shall review the 
findings and recommendations of such investigation and implement a 
plan, in consultation with the employee engagement steering committee 
established pursuant to subsection (b)(1) of section 711 of the 
Homeland Security Act of 2002, to correct any relevant deficiencies 
identified by the Comptroller General of the United States in such 
investigation. The Under Secretary for Management shall direct the 
employee engagement steering committee to review such plan to inform 
committee activities and action plans authorized under such section 
711.

SEC. 6. IMPACTS OF SHUTDOWN.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall report to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate regarding the 
direct and indirect impacts of the lapse in appropriations between 
December 22, 2018, and January 25, 2019, on--
            (1) Department of Homeland Security human resources 
        operations;
            (2) the Department's ability to meet hiring benchmarks; and
            (3) retention, attrition, and morale of Department 
        personnel.

            Passed the House of Representatives April 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.