[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.
____________________