H.R. 2131House115th Congress (2017-2019)Passed House

DHS FIRM Act

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Updated April 15, 2026 at 2:55 PM UTC

The DHS FIRM Act directs the Department of Homeland Security’s Chief Human Capital Officer to create and enforce a uniform, department‑wide policy for employee discipline and adverse actions. Within 90 days the officer must issue guidance on reporting misconduct, data collection, and training, and must review or approve any component’s tables of offenses and penalties. The law also requires an oversight process, periodic reporting to Congress, and allows the use of existing funds only.

Key Provisions

Adds a new subsection requiring the Chief Human Capital Officer to issue guidance on how DHS employees report misconduct, what data on discipline must be collected, and provide training on employee rights and prohibited practices.
Mandates review and approval of existing or new component tables of offenses and penalties to ensure they align with department‑wide policy.
Requires component heads to submit their offense/penalty tables and discipline data to the Chief Human Capital Officer and to follow the uniform policy.
Establishes an oversight process, to be in place within 180 days, that monitors component compliance, reviews misconduct adjudication annually, and may create working groups to identify trends and recommend improvements.
Calls for a report to the House and Senate Homeland Security committees within 60 days of the oversight process’s development, and specifies that no additional funding is authorized for these activities.

Legislative Activity

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9 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

June 22, 2017

View full timeline

HouseIntro Referral

Introduced in House

April 25, 2017

HouseIntro Referral

Referred to the House Committee on Homeland Security.

Homeland Security Committee

April 25, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

Homeland Security Committee

May 3, 2017

HouseFloor

Mr. Higgins (LA) moved to suspend the rules and pass the bill, as amended.

June 21, 2017 • 2:44 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5018-5020)

June 21, 2017 • 2:44 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2131.

June 21, 2017 • 2:44 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5018)

June 21, 2017 • 2:51 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5018)

June 21, 2017 • 2:51 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 21, 2017 • 2:51 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Homeland Security and Governmental Affairs Committee

June 22, 2017

Floor Debate

2 members

What members said about H.R. 2131 on the floor

1 Republican1 Democrat

Rep. Clay HigginsR-LA-3 · Jun 21, 2017

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2131) to amend the Homeland Security Act of 2002 to direct the Chief Human Capital Officer of the Department of Homeland Security to improve consistency regarding discipline and adverse actions in the Department's workforce, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today to speak about my bill, H.R. 2131, the Fixing Internal Response to Misconduct Act, or the Department of Homeland Security FIRM Act, for short.

Mr. Speaker, employee misconduct and unethical behavior at any Federal agency can disrupt the daily operations of our government; however, these activities can have greater national security implications at Federal agencies like the Department of Homeland Security due to its intrinsic mission. Incidents of employee misconduct within DHS do not only hinder the public's confidence in the Department, but also jeopardize the day-to-day working environment for Department of Homeland Security employees.

Since its inception, DHS has faced significant obstacles consolidating 22 preexisting component agencies, including instilling common, across-the-board policies. Time and again, the DHS Office of Inspector General has criticized the Department's lack of consistent policies.

Until recently, the Department was operating without an across-the- board overarching misconduct policy, and headquarters and a major component were operating without the assistance of a Table of Offenses and Penalties.

Issued in November 2016, the Department's discipline and adverse actions program directive put in place a Departmentwide policy to provide guidance in the adjudication and management of disciplinary matters.

My bill, H.R. 2131, will strengthen and support this policy by granting greater oversight to the Chief Human Capital Officer of the Department, allowing the CHCO to identify trends and causes of persistent employee misconduct and to establish working groups to address such misconduct.

H.R. 2131 promotes greater consistency in the use of discipline and adverse actions and improves collaboration between the CHCO components and human resources officials regarding the improvement of employee conduct at the Department of Homeland Security.

Mr. Speaker, I urge all of my colleagues to support this bill to help ensure any misconduct and unethical behavior at DHS is properly dealt with.

Mr. Speaker, I reserve the balance of my time.

House of Representatives, Committee on Oversight and

Government Reform,

Washington, DC, June 21, 2017.

Hon. Michael T. McCaul,

Chairman, Committee on Homeland Security, Washington, DC.

Dear Mr. Chairman: I am writing to you concerning the

jurisdictional interest of the Committee on Oversight and

Government Reform in matters being considered in H.R. 2131,

the DHS Fixing Internal Response to Misconduct (FIRM) Act.

Our committee recognizes the importance of H.R. 2131 and

the need for the legislation to move expeditiously.

Therefore, while we have identified matters of jurisdictional

interest to the Oversight Committee in the bill, I do not

intend to request a sequential referral. This, of course, is

conditional on our mutual understanding that nothing in this

legislation or my decision to forego a sequential referral

waives, reduces or otherwise affects the jurisdiction of the

Committee on Oversight and Government Reform.

The Committee on Oversight and Government Reform is

currently investigating disciplinary processes and

procedures, including disparate tables of penalties, across

the federal government. Any government-wide table of

penalties created by legislation stemming from the Oversight

Committee shall supersede the tables established under this

legislation. I look forward to working with you to ensure a

uniform, consistent, and effective disciplinary process for

federal employees across the civil service.

The Oversight Committee has historically been a strong

defender of the Inspector General community. It is our

understanding that nothing in this legislation creates a

negative inference related to the authority of other

Inspectors General under the Inspector General Act of 1978 at

other departments and agencies within the federal government.

I appreciate your willingness to work together to ensure that

all Inspectors General are given the authority needed to

accomplish their important mission.

I ask that a copy of this letter and your response

acknowledging our jurisdictional interest will be included in

the committee report for H.R. 2131 and as part of the

Congressional Record during consideration of this bill by the

House. The Committee on Oversight and Government Reform also

asks that you support our request to be conferees on the

provisions over which we have jurisdiction during any House-

Senate conference.

Thank you for your consideration in this matter.

Sincerely,

Trey Gowdy,

Chairman.

Mr. Speaker, I thank my colleague for his wisdom and counsel.

I once again urge my colleagues to support H.R. 2131, as amended.

Mr. Speaker, I yield back the balance of my time.

Rep. J. Luis CorreaD-CA-46 · Jun 21, 2017

Mr. Speaker, I rise in support of H.R. 2131, the DHS FIRM Act, and I yield myself such time as I may consume. Mr. Speaker, H.R. 2131, or the DHS FIRM Act, seeks to ensure greater consistency and…

Mr. Speaker, I rise in support of H.R. 2131, the DHS FIRM Act, and I yield myself such time as I may consume.

Mr. Speaker, H.R. 2131, or the DHS FIRM Act, seeks to ensure greater consistency and transparency in how discipline is administered across the Department of Homeland Security. Discipline administered in a fair and equitable manner has a huge implication on job satisfaction.

Since 2003, DHS, a diverse, multimission Federal Department, has struggled with low morale. At the end of the prior administration, there was evidence that the DHS workforce was starting to feel a more fair and cooperative and supportive DHS. In 2016, the Office of Personnel Management reported a 3 percent increase in the annual Employee Viewpoint Survey, which indicated that DHS supported fairness and protection of employees from arbitrary action.

While the OPM survey results are positive indicators, more must be done by the current DHS leadership. This bill seeks to give the Department's Chief Human Capital Officer a more prominent role in ensuring that discipline is handled in an equitable and fair manner. Specifically, this bill charges the Chief Human Capital Officer with oversight of how employee misconduct is managed across all components.

To ensure fairness and transparency, the bill requires each component to accomplish a matrix of offenses and penalties that is tailored to the needs of that organization, and upon approval by the Department's Chief Human Capital Officer, such information to be shared with the workforce.

While it is essential that senior-level human capital personnel at DHS have a structure to address discipline, it is equally important that such discipline be administered in a fair and equitable manner. This is what this bill actually does.

Mr. Speaker, the implementation of a Departmentwide discipline and adverse action policy should improve employer and employee relations and communication. Enacting this legislation will send a message of support for the Department's workforce who, every day, do things big and small to guard our country against terrorists and other bad actors. These Department personnel are entrusted with the security of our Nation.

Mr. Speaker, I urge passage of H.R. 2131, and I yield back the balance of my time.

Bill Text

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Referred in SenateIssued June 22, 2017

IIB

115th CONGRESS

1st Session

H. R. 2131

IN THE SENATE OF THE UNITED STATES

June 22, 2017

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 direct the Chief Human Capital Officer of the Department of Homeland Security to improve consistency regarding discipline and adverse actions in the Department’s workforce, and for other purposes.

Short title

This Act may be cited as the Fixing Internal Response to Misconduct Act or the DHS FIRM Act.

DHS policy on discipline and adverse actions

(a)

In general

Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended—

(1)

in subsection (b)—

(A)

in paragraph (9), by striking and at the end;

(B)

in paragraph (10), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(11)

implement a Department-wide policy related to discipline and adverse actions described in subsection (e).

;

(2)

by redesignating subsection (e) as subsection (f); and

(3)

by inserting after subsection (d) the following new subsection:

(e)

Policy on discipline and adverse actions

(1)

In general

Not later than 90 days after the date of the enactment of this subsection, the Chief Human Capital Officer, in accordance with any established Department-wide policy that deals with discipline and adverse actions, shall provide—

(A)

guidance to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities, as identified by the Chief Human Capital Officer, and relevant component heads regarding informing the public about how to report employee misconduct;

(B)

guidance on how Department employees should report employee misconduct;

(C)

guidance on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted to the Chief Human Capital Officer by the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities, as identified by the Chief Human Capital Officer and component heads for the purposes of paragraph (3)(C);

(D)

guidance on how to implement any such Department-wide policy in a manner that promotes greater uniformity and transparency in the administration of such policy across the Department; and

(E)

guidance and appropriate training on prohibited personnel practices, employee rights, and procedures and processes related to such.

(2)

Table of offenses and penalties

(A)

Pre-existing tables

If a table of offenses and penalties exists for a component of the Department as of the date of the enactment of this subsection, the Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables do not comply with Department policy, the Chief Human Capital Officer shall instruct component heads on corrective measures to be taken in order to achieve such compliance.

(B)

New component tables

If a table of offenses and penalties does not exist for a component of the Department as of the date of enactment of this subsection, a component head may, in coordination with the Chief Human Capital Officer, develop a table of offenses and penalties to be used by such component. The Chief Human Capital Officer shall review and, if appropriate, approve such table and any changes to such table made after such date of enactment. In cases in which such tables or changes do not comply with Department policy, the Chief Human Capital Officer shall instruct the component head on corrective measures to be taken in order to achieve such compliance.

(3)

Component responsibilities

Component heads shall comply with Department-wide policy (including guidance relating to such) regarding discipline and adverse actions for the Department’s workforce, including—

(A)

providing any current table of offenses and penalties or future changes to a component’s table to the Chief Human Capital Officer for review in accordance with paragraph (2)(A);

(B)

providing any new table of offenses and penalties or future changes to a component’s table to the Chief Human Capital Officer for review in accordance with paragraph (2)(B); and

(C)

providing to the Chief Human Capital Officer any data regarding discipline and adverse actions in accordance with paragraph (1)(C).

(4)

Oversight

(A)

In general

Not later than 180 days after the date of the enactment of this subsection, the Chief Human Capital Officer shall implement a process to oversee component compliance with any established Department-wide policy regarding discipline and adverse actions referred to in paragraph (1), including—

(i)

the degree to which components are complying with such policy; and

(ii)

at a minimum, each fiscal year, a review of component adjudication of misconduct data to—

(I)

ensure consistent adherence to such policy and any Department-wide table of offenses and penalties or any component-specific table of offenses and penalties approved by the Chief Human Capital Officer pursuant to paragraph (2); and

(II)

determine whether employee training regarding such misconduct policy or adjustment in such misconduct policy is appropriate.

(B)

Working groups

(i)

In general

The Chief Human Capital Officer may establish working groups, as necessary, to address employee misconduct within the Department. If the Chief Human Capital Officer establishes such a working group, the Chief Human Capital Officer shall specify a timeframe for the completion of such group’s work.

(ii)

Function

A working group established pursuant to clause (i) shall seek to identify any trends in misconduct referred to in such subparagraph, review component processes for addressing misconduct, and, where appropriate, develop possible alternate strategies to address such misconduct.

(iii)

Participation

If a working group is established pursuant to clause (i), the relevant component head shall participate in such working group and shall consider implementing, as appropriate, any recommendations issued by such working group.

(iv)

Follow-up reviews

The Chief Human Capital Officer shall conduct annual, or on a more frequent basis as determined by the Chief Human Capital Officer, follow-up reviews of components regarding implementation of working group recommendations. In consultation with the Chief Human Capital Officer, the Secretary may request the Inspector General of the Department to investigate any concerns identified through the oversight process under this subsection that components have not addressed.

(b)

Review

Not later than 60 days after the development of the oversight process required under subsection (e) of section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) (as added by subsection (a) of this section), the Chief Human Capital Officer of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on such oversight process, including component compliance with any policy regarding discipline and adverse actions, data collection efforts, and information on the development of any working groups under such subsection (e).

(c)

Prohibition on new funding

No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

Passed the House of Representatives June 21, 2017.

Karen L. Haas,

Clerk.