[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.

                          ____________________