[Congressional Record Volume 167, Number 67 (Monday, April 19, 2021)]
[House]
[Pages H1896-H1898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF HOMELAND SECURITY MORALE, RECOGNITION, LEARNING AND
ENGAGEMENT ACT OF 2021
Mr. TORRES of New York. Madam Speaker, I move to suspend the rules
and pass the bill (H.R. 490) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 490
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--
[[Page H1897]]
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Torres) and the gentleman from New York (Mr. Garbarino) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Torres).
General Leave
Mr. TORRES of New York. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TORRES of New York. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in support of H.R. 490, the DHS MORALE Act.
Every day, the Department of Homeland Security workforce carries out
an array of critical missions, from screening travelers to securing
cyberspace, to responding to disasters.
The 240,000 men and women who make up this workforce should feel
appreciated, not only by the American people, but also by DHS.
Unfortunately, that does not seem to be the case.
The Office of Personnel Management has found that DHS employees are
consistently less satisfied with their jobs compared to the average
Federal employee. Since 2005, DHS' own employees ranked the Department
dead last among large Federal departments in the annual Best Places to
Work in the Federal Government survey. Scratching below the surface,
the Best Places to Work in the Federal Government survey found that
DHS' workforce is the most dissatisfied when it comes to training,
teamwork, work-life balance, and support for diversity.
In response to the concerns expressed by the workforce, Chairman
Thompson introduced the DHS MORALE Act to require DHS to create and
implement policies related to leadership development, employee
engagement, career progression, and employee recognition.
Specifically, H.R. 490 requires the Department to prioritize career
development opportunities and leadership development opportunities for
DHS employees.
Additionally, it would require DHS to establish an employee
engagement steering committee comprised of employees across the
Department to better identify the causes of low morale
[[Page H1898]]
and what initiatives are working to improve it, and to establish an
annual employee award program to recognize those in the DHS workforce
who go above and beyond in their work to protect the homeland.
Identical versions of this measure have been approved by the House in
prior Congresses.
This Congress, a new provision was added to the bill to respond to
recommendations issued last month by the Government Accountability
Office regarding morale challenges at the Department.
The provision directs DHS' chief human capital officer to review and
approve DHS component agency plans to ensure they include initiatives
to address the root causes of low morale and performance metrics for
measuring implementation of those initiatives.
Enactment of H.R. 490 will help put DHS on a path toward fixing the
longstanding morale problems at DHS.
Madam Speaker, I urge the passage of H.R. 490, and I reserve the
balance of my time.
Mr. GARBARINO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of H.R. 490, the Department of
Homeland Security MORALE Act of 2021.
This legislation, sponsored by Chairman Thompson, will empower the
Department's chief human capital officer to improve leadership
development, employee engagement, and morale at the Department, which
consistently ranks near the bottom of all Federal departments.
This bill will support the Department's most important asset, the
many dedicated security professionals that work diligently to better
protect our Nation.
Madam Speaker, I urge all of my colleagues to join me in supporting
H.R. 490, and I reserve the balance of my time.
Mr. TORRES of New York. Madam Speaker, I have no further speakers, I
am prepared to close, and I reserve the balance of my time.
Mr. GARBARINO. Madam Speaker, I have no further speakers, I urge
Members to support this bill, and I yield back the balance of my time.
Mr. TORRES of New York. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, H.R. 490 will improve morale among the Department's
240,000 employees. That is why it has the support of unions
representing DHS employees: The National Border Patrol Council, the
National Treasury Employees Union, and the American Federation of
Government Employees.
Enactment of H.R. 490 will also force DHS to examine the root causes
of the longstanding morale problems and develop responsive approaches
to move the Department forward in a positive direction.
Madam Speaker, I ask for my colleagues' support, and I yield back the
balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of H.R. 490, ``DHS
MORALE Act,'' which expands the duties of the Chief Human Capital
Officer to address morale throughout the Department of Homeland
Security.
The bill provides for:
1. leader development and employee engagement,
2. maintaining a catalogue of available employee development
opportunities, and
3. issuing a DHS-wide employee engagement action plan.
The bill directs DHS to establish an employee engagement steering
committee and authorizes it to establish an annual employee award
program.
DHS is also required to report to the congressional homeland security
committees the impacts of the lapse in appropriations between December
22, 2018 and January 25, 2019 on (1) DHS human resources operations;
(2) DHS's ability to meet hiring benchmarks; and (3) retention,
attrition, and morale of DHS personnel.
As a senior member of this committee I have long been troubled by the
low morale, employee retention and job opportunities within the entire
agency and what impact these issues have had on homeland security.
Over my service on this committee, from its inception, I have learned
a great deal about the capacity and strength of the men and women who
work at the Department of Homeland Security.
I hold them in the highest regard for their dedication and service to
our country.
This nation depends on the men and women of the Department of
Homeland Security (DHS) to protect citizens from those who wish to do
them harm.
DHS is charged with protecting the nation from terrorism threats.
The agency also assists local, state, and federal law enforcement to
prepare to meet those threats which are significantly different than
what was seen on September 11, 2001.
Because of the dedication of DHS professionals, we are better
prepared to face these challenges as one nation united against a common
foe.
The Department of Homeland Security was not created to protect the
nation from desperate people escaping violence and poverty, seeking
asylum in our country or the ravages of a virus attacking and killing
over half a million Americans.
It was created to prevent attacks against our nation such as the one
carried out by foreign terrorists who used commercial planes as
missiles to destroy the World Trade Center Towers, and a section of the
west side of the Pentagon, and would have killed more if not for the
heroic acts of the passengers on Flight 93 to stop the attackers from
reaching their ultimate destination right here at our nation's Capitol.
On January 6, 2021, our nation was once again threatened, but it was
from an enemy found on our own shores led by the former President of
the United States to attack the Capitol building during the
constitutionally mandated Joint Meeting of Congress to count the
ballots cast by presidential electors and announce the results and the
winner to the nation and the world.
Today, our nation faces multiple crisis at the same time that are
challenging our way of life, values, and resolve; challenges the
American people are, and will be, prepared to face and overcome.
As Americans we are best when we are true to the values we hold dear,
beginning with fidelity to the Constitution and the laws of the United
States.
The Department of Homeland Security has had low employee morale and
low employee engagement since it began operations in 2003 and this must
change.
In 2019, the Government Accountability Office (GAO) issued a report
on DHS employee morale.
This report addressed:
1. drivers of employee engagement at DHS and
2. the extent that DHS has initiatives to improve employee engagement
and ensures effective engagement action planning.
GAO analyzed employee trends within DHS, reviewed component employee
engagement action plans and met with officials from DHS and component
human capital offices as well as unions and employee groups.
I was at the Capitol on September 11, 2001, and I will never forget
the Members who were there with me as we sang God Bless America on the
steps of the Capitol.
In the days and weeks following the attacks, we were uncertain what
threat might come and how many lives might be lost as we worked to put
resources in place to deal with an enemy that might be among us.
Over the past nineteen years we have learned a great deal about
homeland security, but we must learn more about making sure that agency
professionals have what they need to excel.
We will be better prepared to face these challenges as one nation,
united against a common foe, when morale issues within DHS have been
effectively addressed.
I urge all members to join me in voting for H.R. 490, DHS MORALE Act.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Torres) that the House suspend the rules
and pass the bill, H.R. 490.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BIGGS. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________