[Congressional Record Volume 163, Number 106 (Wednesday, June 21, 2017)]
[House]
[Pages H5018-H5020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               FIXING INTERNAL RESPONSE TO MISCONDUCT ACT

  Mr. HIGGINS of Louisiana. Mr. Speaker, I move to suspend the rules 
and pass the bill (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, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2131

       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;
       ``(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);
       ``(D) guidance on how to implement any such Department-wide 
     policy in a manner that promotes greater uniformity and 
     transparency in the administration of such policy across the 
     Department; and
       ``(E) guidance and appropriate training on prohibited 
     personnel practices, employee rights, and procedures and 
     processes related to such.
       ``(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

[[Page H5019]]

     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 180 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 
     appropriate.

       ``(B) Working groups.--
       ``(i) In general.--The Chief Human Capital Officer may 
     establish working groups, as necessary, to address employee 
     misconduct 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 seek to identify any trends in misconduct 
     referred to in such subparagraph, review component processes 
     for addressing misconduct, and, where appropriate, develop 
     possible 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 shall consider 
     implementing, as appropriate, 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 regarding implementation of working 
     group recommendations. 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.''.
       (b) Review.--Not later than 60 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 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 (Mr. Mitchell). Pursuant to the rule, the 
gentleman from Louisiana (Mr. Higgins) and the gentleman from 
California (Mr. Correa) each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.

                              {time}  1445


                             General Leave

  Mr. HIGGINS of Louisiana. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today to speak about my bill, H.R. 2131, the 
Fixing Internal Response to Misconduct Act, or the Department of 
Homeland Security FIRM Act, for short.
  Mr. Speaker, employee misconduct and unethical behavior at any 
Federal agency can disrupt the daily operations of our government; 
however, these activities can have greater national security 
implications at Federal agencies like the Department of Homeland 
Security due to its intrinsic mission. Incidents of employee misconduct 
within DHS do not only hinder the public's confidence in the 
Department, but also jeopardize the day-to-day working environment for 
Department of Homeland Security employees.
  Since its inception, DHS has faced significant obstacles 
consolidating 22 preexisting component agencies, including instilling 
common, across-the-board policies. Time and again, the DHS Office of 
Inspector General has criticized the Department's lack of consistent 
policies.
  Until recently, the Department was operating without an across-the-
board overarching misconduct policy, and headquarters and a major 
component were operating without the assistance of a Table of Offenses 
and Penalties.
  Issued in November 2016, the Department's discipline and adverse 
actions program directive put in place a Departmentwide policy to 
provide guidance in the adjudication and management of disciplinary 
matters.
  My bill, H.R. 2131, will strengthen and support this policy by 
granting greater oversight to the Chief Human Capital Officer of the 
Department, allowing the CHCO to identify trends and causes of 
persistent employee misconduct and to establish working groups to 
address such misconduct.
  H.R. 2131 promotes greater consistency in the use of discipline and 
adverse actions and improves collaboration between the CHCO components 
and human resources officials regarding the improvement of employee 
conduct at the Department of Homeland Security.
  Mr. Speaker, I urge all of my colleagues to support this bill to help 
ensure any misconduct and unethical behavior at DHS is properly dealt 
with.
  Mr. Speaker, I reserve the balance of my time.

             House of Representatives, Committee on Oversight and 
                                                Government Reform,
                                    Washington, DC, June 21, 2017.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the 
     jurisdictional interest of the Committee on Oversight and 
     Government Reform in matters being considered in H.R. 2131, 
     the DHS Fixing Internal Response to Misconduct (FIRM) Act.
       Our committee recognizes the importance of H.R. 2131 and 
     the need for the legislation to move expeditiously. 
     Therefore, while we have identified matters of jurisdictional 
     interest to the Oversight Committee in the bill, I do not 
     intend to request a sequential referral. This, of course, is 
     conditional on our mutual understanding that nothing in this 
     legislation or my decision to forego a sequential referral 
     waives, reduces or otherwise affects the jurisdiction of the 
     Committee on Oversight and Government Reform.
       The Committee on Oversight and Government Reform is 
     currently investigating disciplinary processes and 
     procedures, including disparate tables of penalties, across 
     the federal government. Any government-wide table of 
     penalties created by legislation stemming from the Oversight 
     Committee shall supersede the tables established under this 
     legislation. I look forward to working with you to ensure a 
     uniform, consistent, and effective disciplinary process for 
     federal employees across the civil service.
       The Oversight Committee has historically been a strong 
     defender of the Inspector General community. It is our 
     understanding that nothing in this legislation creates a 
     negative inference related to the authority of other 
     Inspectors General under the Inspector General Act of 1978 at 
     other departments and agencies within the federal government. 
     I appreciate your willingness to work together to ensure that 
     all Inspectors General are given the authority needed to 
     accomplish their important mission.
       I ask that a copy of this letter and your response 
     acknowledging our jurisdictional interest will be included in 
     the committee report for H.R. 2131 and as part of the 
     Congressional Record during consideration of this bill by the 
     House. The Committee on Oversight and Government Reform also 
     asks that you support our request to be conferees on the 
     provisions over which we have jurisdiction during any House-
     Senate conference.

[[Page H5020]]

       Thank you for your consideration in this matter.
           Sincerely,
                                                       Trey Gowdy,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 21, 2017.
     Hon. Trey Gowdy,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Gowdy: Thank you for your letter regarding 
     H.R. 2131, the ``Fixing Internal Response to Misconduct 
     Act.'' I appreciate your support in bringing this legislation 
     before the House of Representatives, and accordingly, 
     understand that the Committee on Oversight and Government 
     will forego seeking a sequential referral of the bill.
       The Committee on Homeland Security concurs with the mutual 
     understanding that by foregoing consideration on this bill at 
     this time, the Committee on Oversight and Government Reform 
     does not waive any jurisdiction it may have over the subject 
     matter contained in this bill or similar legislation in the 
     future.
       Additionally, the Committee expects that any table of 
     offenses or penalties created by the Director of the Office 
     of Personnel Management for government-wide application shall 
     supersede any table created at any component of the 
     Department, including any Department-wide guidance on such 
     tables, and shall be used at all entities of the Department, 
     although the Department or its components may provide an 
     additional table of offenses and penalties subject to the 
     requirements of subparagraphs (A) and (B) entitled ``Pre-
     Existing Tables'' and ``New Component Tables'' respectively, 
     for offenses not listed in the government-wide table.
       Furthermore, this legislation authorizes the Inspector 
     General of the Department, within their existing authorities 
     under the Inspector General Act of 1978, to issue management 
     alerts regarding misconduct to the Secretary. The Committee 
     does not intend to create any negative inference related to 
     the authority of other Inspector Generals with this 
     provision. The Committee intends to reinforce authorities 
     already existing in the Inspector General Act of 1978. The 
     Committee strongly opposes the citation of this provision to 
     cast any inference on Inspector Generals at other departments 
     and agencies that would negatively impact their ability to 
     accomplish their missions.
       I will insert copies of this exchange in the report or in 
     the Congressional Record during consideration of this bill on 
     the House floor. I thank you for your cooperation in this 
     matter.
           Sincerely,
                                                Michael T. McCaul.

  Mr. CORREA. Mr. Speaker, I rise in support of H.R. 2131, the DHS FIRM 
Act, and I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2131, or the DHS FIRM Act, seeks to ensure greater 
consistency and transparency in how discipline is administered across 
the Department of Homeland Security. Discipline administered in a fair 
and equitable manner has a huge implication on job satisfaction.
  Since 2003, DHS, a diverse, multimission Federal Department, has 
struggled with low morale. At the end of the prior administration, 
there was evidence that the DHS workforce was starting to feel a more 
fair and cooperative and supportive DHS. In 2016, the Office of 
Personnel Management reported a 3 percent increase in the annual 
Employee Viewpoint Survey, which indicated that DHS supported fairness 
and protection of employees from arbitrary action.
  While the OPM survey results are positive indicators, more must be 
done by the current DHS leadership. This bill seeks to give the 
Department's Chief Human Capital Officer a more prominent role in 
ensuring that discipline is handled in an equitable and fair manner. 
Specifically, this bill charges the Chief Human Capital Officer with 
oversight of how employee misconduct is managed across all components.
  To ensure fairness and transparency, the bill requires each component 
to accomplish a matrix of offenses and penalties that is tailored to 
the needs of that organization, and upon approval by the Department's 
Chief Human Capital Officer, such information to be shared with the 
workforce.
  While it is essential that senior-level human capital personnel at 
DHS have a structure to address discipline, it is equally important 
that such discipline be administered in a fair and equitable manner. 
This is what this bill actually does.
  Mr. Speaker, the implementation of a Departmentwide discipline and 
adverse action policy should improve employer and employee relations 
and communication. Enacting this legislation will send a message of 
support for the Department's workforce who, every day, do things big 
and small to guard our country against terrorists and other bad actors. 
These Department personnel are entrusted with the security of our 
Nation.
  Mr. Speaker, I urge passage of H.R. 2131, and I yield back the 
balance of my time.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I thank my colleague for his 
wisdom and counsel.
  I once again urge my colleagues to support H.R. 2131, as amended.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Higgins) that the House suspend the rules 
and pass the bill, H.R. 2131, 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.

                          ____________________