[Congressional Record Volume 163, Number 105 (Tuesday, June 20, 2017)]
[House]
[Pages H4980-H4982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY MORALE, RECOGNITION, LEARNING AND
ENGAGEMENT ACT OF 2017
Mr. RUTHERFORD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2283) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2283
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
2017'' 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 ``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
(11) and (12), 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;'';
(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 710(a), including
the number of meeting, 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. 710. 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 steering committee under subsection (a),
issue a Department-wide employee engagement action plan,
reflecting input from the employee engagement steering
committee established pursuant to subsection (a) 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 709 the
following new item:
``Sec. 710. 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 710 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 710 of
the Homeland Security Act of 2002 (as added by subsection (a)
of this section) 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. 711. 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
[[Page H4981]]
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 710 the following new item:
``Sec. 711. 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 or the issuance of a report by the
Inspector General of the Department of Homeland Security on
the extent to which the Department has an equitable and
consistent disciplinary process, whichever is later, but in
no case later than one year after such date of enactment, the
Comptroller General of the United States shall utilize, if
available, such report and investigate whether the
application 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 employee engagement
steering committee established pursuant to subsection (b)(1)
of section 710 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 710 of the Homeland Security Act of 2002, to correct
any relevant deficiencies identified by the Comptroller
General of the United States. 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 710.
SEC. 5. PROHIBITION ON NEW FUNDING.
No additional funds are authorized to carry out the
requirements of this Act and the amendments made by this Act.
Such requirements shall be carried out using amounts
otherwise authorized
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Rutherford) and the gentleman from Mississippi (Mr.
Thompson) each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. RUTHERFORD. Mr. Speaker, I ask unanimous consent that all Members
may 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 Florida?
There was no objection.
Mr. RUTHERFORD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 2283. According to the
Federal Employee Viewpoint Survey, after 6 straight years of decline,
DHS improved by 3 percentage points in 2016, from 53 percent in 2015 to
56 percent. However, since its inception, DHS has consistently reported
low employee job satisfaction and today remains last out of large
agencies in employee satisfaction.
According to the FEVS, the Department slightly improved its overall
response rate to about 50 percent in 2016. Former Secretary Jeh Johnson
attributed much of the success to the Department's employee engagement
steering committee and efforts he and other leaders have made in
strengthening employee morale and engagement. H.R. 2283 seeks to codify
many of these efforts.
The purpose of H.R. 2283 is 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.
The security of our homeland depends on focused, efficient, and
dedicated individuals who feel confident and empowered in the
workplace.
Mr. Speaker, I thank Mr. Thompson for introducing this legislation
and for working in such a bipartisan manner on it. I urge all my
colleagues to support this commonsense, thoughtful legislation.
I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise in support of H.R. 2283, the Department of
Homeland Security Morale, Recognition, Learning and Engagement Act of
2017.
Mr. Speaker, since its inception in 2003, the Department of Homeland
Security has faced a number of challenges, one of the most prominent
being managing a workforce of more than 240,000 employees.
I am pleased to see that, after 6 straight years of decline, DHS
employee engagement and participation scores have improved by 3
percentage points each in the latest Federal Employee Viewpoint Survey.
However, DHS still ranks amongst the lowest of Federal agencies in
employee morale.
It has been a personal priority of mine to examine the root cause of
DHS's longstanding employee morale problems and find ways to move the
Department in a positive direction.
My legislation, the DHS MORALE Act, does just that by authorizing
DHS-wide employee engagement, leadership development, rotational
opportunities, as well as an employee engagement steering committee.
Additionally, H.R. 2283 authorizes an annual employee award program
to recognize employees who make significant contributions to the
Department's operations.
Finally, H.R. 2283 adds transparency and fairness to DHS's
disciplinary process by directing an independent, Department-wide
review of how discipline is applied by components.
This legislation, which is cosponsored by every Democratic member of
the committee, has received tremendous support from the labor
organization representing the DHS workforce.
I include these letters of support in the Record.
American Federation of Government Employees, AFL-CIO,
May 1, 2017.
Hon. Michael McCaul,
Chairman, House of Representatives, Committee on Homeland
Security, Washington, DC.
Hon. Bennie Thompson,
Ranking Member, House of Representatives, Committee on
Homeland Security, Washington, DC.
Dear Chairman McCaul and Ranking Member Thompson: On behalf
of the 80,000 employees at the Department of Homeland
Security (DHS) represented by the American Federation of
Government Employees, AFL-CIO, I express our union's support
for the DHS Morale, Recognition, Learning and Engagement Act
of 2017, or the DHS MORALE Act. The DHS MORALE Act accurately
recognizes that the contributions of the DHS workers and
their unions are essential to addressing serious and
sustained morale issues.
Each year reports and surveys confirm the sad state of
morale among DHS employees who are on the front lines of
national security. Given the diversity in mission, duties,
and experience, their direct input is necessary to address
issues of importance to their colleagues, including fair
treatment and that their voices are heard by management.
Steps to resolve these issues will enable the workforce to
better serve the public.
The DHS MORALE Act is a good first step in resolving
institutional issues that hamper the workforce that protects
the homeland. AFGE supports these efforts.
Sincerely,
J. David Cox, Sr.,
National President.
____
National Border Patrol Council,
April 17, 2017.
Hon. Bennie Thompson,
Committee on Homeland Security,
Washington, DC.
Dear Ranking Member Thompson: On behalf of the members of
the National Border Patrol Council, I write to support your
legislation, ``The Department of Homeland Security Morale,
Recognition, Learning, and Engagement Act of 2017.'' Your
bill is a step
[[Page H4982]]
forward to improve employee morale amongst Border Patrol
Agents.
We are especially pleased that the bill addresses two
issues requiring immediate attention, accountability and
mobility. An independent audit of DHS disciplinary processes
would end DHS's current penchant for punishing line agents
more severely than managers for the same offense. A uniform
and transparent system would hold those accountable for
violations of law and policy, while also ensuring due process
for employees and accountability from the top down.
The proposed Employee Engagement Steering Committee would
give line agents another tool to express limitations on
issues such as career progression and mobility to CBP
management. Too often, newly hired agents are promised they
will be able to move from a duty location to another after a
few years. Unfortunately, that just isn't the case. Many are
effectively stuck in a location and end up leaving the agency
altogether out of frustration. Simply put, the lack of
current employee engagement causes the Border Patrol to lose
good agents, and consequentially, threatens the security of
the border.
I appreciate your leadership to protect the rights of
federal employees and look forward to continuing to work with
you to find a solution. Thank you for your efforts and for
considering our comments.
With kindest regard I am,
Brandon Judd,
President, National Border Patrol Council
____
The National Treasury
Employees Union,
April 21, 2017.
Hon. Bennie Thompson,
Ranking Member, Committee on Homeland Security, House of
Representative, Washington, DC.
Dear Ranking Member Thompson: On behalf of the 25,000
Customs and Border Protection (CBP) Officers and trade
enforcement specialists at the Department of Homeland
Security (DHS) who are stationed at 328 land, sea and air
ports of entry represented by the National Treasury Employees
Union (NTEU), I am writing to thank you for introducing the
``Department of Homeland Security Morale, Recognition,
Learning and Engagement Act of 2017'' or the ``DHS MORALE
Act.''
Low morale has been a consistent challenge at DHS. Factors
that contribute to low morale are echoed in the 2016 Office
of Personnel Management's Federal Employee Viewpoint Survey.
Though DHS has made some gains in 2016, it remains the lowest
ranked large agency for employee engagement, global
satisfaction and inclusiveness.
The DHS MORALE Act proposes to improve morale within the
DHS 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.
Even though the major factors contributing to low morale at
CBP ports of entry are insufficient staffing and resources,
the provisions in the DHS MORALE Act will help address non-
staffing issues that affect employee morale by improving
frontline employee engagement and establishing an annual
awards program that emphasizes honoring non-supervisory
employees. Importantly, your bill ensures that the
perspective of frontline employees is considered by, and
fully integrated into the Department's workforce activities.
NTEU greatly appreciates your leadership on this important
issue and stands ready to work with you to pass this
legislation.
Sincerely,
Anthony M. Reardon,
National President.
Mr. THOMPSON of Mississippi. My legislation sends a positive message
to the DHS workforce that their contributions to the DHS mission are
valued and they have not been forgotten as they endure new stresses and
challenges under the Trump administration.
My legislation is intended to advance greater employee engagement,
leadership development, and workforce planning at the Department of
Homeland Security. This legislation seeks to equip DHS leaders, such as
the Chief Human Capital Officer, with the necessary tools to promote
employee engagement, learning, and morale.
The MORALE Act was unanimously approved by the full committee on May
3, and for good reason. It has wide bipartisan support.
Given the criticality of the DHS mission and the increasingly scarce
availability of resources, it is essential that the DHS workforce be
prioritized, as they are responsible for carrying out a diverse range
of programs to make our country safe.
Mr. Speaker, I urge passage of H.R. 2283.
I yield back the balance of my time.
Mr. RUTHERFORD. Mr. Speaker, I once again urge my colleagues to
support H.R. 2283, as amended.
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 support of H.R. 2283, the ``Department of
Homeland Security Morale, Recognition, Learning and Engagement Act,''
which will amend the Homeland Security Act of 2002.
This bill requires the Chief Human Capital Officer to develop and
implement policies related to leadership development, employee
engagement, and career progression.
The CHCO must evaluate strategic workforce planning efforts, identify
methods for managing and overseeing human capital programs, and
maintain a catalogue of available employee development opportunities.
It is imperative that employees be aware of the opportunities
available for them no matter what their current title or role may be.
Mr. Speaker, this bill will also authorize the Chief Learning and
Engagement Officer to assist the Chief Human Capital Officer on
employee development and will also authorize the Employee Engagement
Steering Committee.
The Employee Engagement Steering Committee will be comprised of
representatives from across the Department as well as representatives
from employee labor organizations.
Having a committee that is representative of the Department's
workforce will ensure that a diverse voice is representative in any
decisions made that will affect employees.
The Steering Committee will identify factors that have a negative
impact on employee engagement and morale and will monitor components'
efforts in addressing morale.
The Component heads are tasked with developing and implementing a
component-specific action plan that addresses employee engagement and
advances the overall Department action plan.
This bill will authorize the Secretary to establish an annual
employee awards program to recognize non-supervisory DHS employees who
have made significant contributions to the Department.
Mr. Speaker, this bill will also require the Secretary to provide an
independent assessment of DHS programs to Congress.
Congress must ensure that programs are working in the way that they
were created to.
This bill is endorsed by the National Border Patrol Council, the
National Treasury Employees Union, and the American Federation of
Government Employees.
These organizations have recognized that this bill is a step forward
in the right direction which helps employees of the Department have a
higher morale.
DHS was ranked low in best places to work in a recent poll conducted.
Recognition and employee engagement is important to reduce turnover,
improve team culture, and increase employee performance.
I urge my colleagues to also support this bill and help create a
Department of Homeland Security that is professional, efficient,
effective, and employee friendly.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Rutherford) that the House suspend the
rules and pass the bill, H.R. 2283, 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.
____________________