[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1433 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 1433
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2019
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
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.
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 2019'' 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 (12) and (13), 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;'';
(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--
``(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.
Passed the House of Representatives April 1, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.