[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 9518-9521]
[From the U.S. 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

[[Page 9519]]

     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 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.

[[Page 9520]]

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 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

[[Page 9521]]

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.

                          ____________________