[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1437 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 1437

_______________________________________________________________________

                                 AN ACT


 
    To amend the Homeland Security Act of 2002 to require the Under 
  Secretary for Management of the Department of Homeland Security to 
   achieve security of sensitive assets among the components of the 
        Department of Homeland Security, 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 ``Securing Department of Homeland 
Security Firearms Act of 2019'' or the ``Securing DHS Firearms Act of 
2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Lost.--The term ``lost'' includes loss by theft.
            (3) Sensitive assets.--The term ``sensitive assets'' means 
        any asset, regardless of value--
                    (A) that the Department of Homeland Security issues 
                to a Department employee; and
                    (B) that either the Under Secretary for Management 
                of the Department or a component head determines 
                requires special control and accounting.
            (4) Under secretary for management.--The term ``Under 
        Secretary for Management'' means the Under Secretary for 
        Management of the Department of Homeland Security.

SEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN 
              RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.

    Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
amended--
            (1) in subsection (a)(6), by inserting ``(including 
        firearms and other sensitive assets)'' after ``equipment'';
            (2) by redesignating the second subsection (e) (relating to 
        the definition of interoperable communications) as subsection 
        (f); and
            (3) by amending such redesignated subsection (f) to read as 
        follows:
    ``(f) Definitions.--In this section:
            ``(1) Interoperable communications.--The term 
        `interoperable communications' has the meaning given such term 
        in section 7303(g) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(g)).
            ``(2) Sensitive assets.--The term `sensitive assets' means 
        any asset, regardless of value--
                    ``(A) that the Department issues to a Department 
                employee; and
                    ``(B) that either the Under Secretary for 
                Management of the Department or a component head 
                determines requires special control and accounting.''.

SEC. 4. MANAGEMENT DIRECTIVE.

    (a) Safeguarding Firearms and Sensitive Assets Directive.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Under Secretary for Management 
        shall develop and disseminate a Department-wide directive for 
        achieving adequate security over firearms and other sensitive 
        assets across the Department.
            (2) Contents.--The directive required under subsection (a) 
        shall, at a minimum, include the following:
                    (A) Descriptions of what equipment, in addition to 
                firearms, is classified as a sensitive asset for the 
                purpose of carrying out this Act.
                    (B) Requirements for securing Department-issued 
                firearms and other sensitive assets.
                    (C) A classification system for all categories of 
                Department-issued badges and corresponding requirements 
                for safeguarding such assets.
                    (D) Reporting requirements for lost firearms and 
                other sensitive assets, including timelines for such 
                reporting, to supervisors, local law enforcement, the 
                Federal Bureau of Investigation's National Crime 
                Information Center, and Department headquarters.
                    (E) Recordkeeping requirements for lost firearms 
                and other sensitive assets in inventory systems, 
                including a timeline for recording such losses.
            (3) Review and update of directive.--Not later than 1 year 
        after the issuance of the directive required under subsection 
        (a), the Under Secretary for Management shall review and 
        update, as necessary, such directive, including adding a 
        requirement relating to recording in the inventory systems 
        maintained by each component of the Department the acceptance 
        or transfer of a firearm or other sensitive asset by such 
        component.
    (b) Personal Property Asset Management Program Manual.--Together 
with the issuance of the directive pursuant to subsection (a), the 
Under Secretary for Management shall disseminate a revised version of 
the Personal Property Asset Management Program Manual that includes the 
following:
            (1) Requirements for component heads to develop procedures 
        to safeguard firearms and other sensitive assets during on and 
        off-duty time.
            (2) Requirements for the issuance of safety locking devices 
        and policies on the use of such assets, as applicable.
            (3) Requirements for initial, recurrent, and remedial 
        training on safeguarding such assets.
            (4) Examples, with detail, of how to report and record lost 
        sensitive assets across components of the Department, and an 
        enforcement mechanism to ensure supervisors maintain such 
        records.
            (5) A requirement that the file maintained on a lost 
        firearm or other sensitive asset contains both the 
        corresponding police report and the Department report detailing 
        the circumstances surrounding such loss, including information 
        on adherence to safeguarding procedures.

SEC. 5. COMPONENT RESPONSIBILITIES.

    Department component heads shall--
            (1) comply with Federal law, Federal regulations, executive 
        branch guidance, and Department policy, including directives 
        required by this Act, relating to the management and oversight 
        of securing firearms and other sensitive assets;
            (2) review the need for non-law enforcement badges;
            (3) require component personnel to safeguard firearms and 
        other sensitive assets in accordance with the directive issued 
        by the Under Secretary for Management under section 4;
            (4) require that component personnel adhere to the 
        procedures and timelines for properly reporting to supervisors 
        lost firearms and other sensitive assets;
            (5) require that lost firearms and other sensitive assets 
        are reported to local law enforcement, the Federal Bureau of 
        Investigation's National Crime Information Center, and 
        Department headquarters in the timeframe established in such 
        directive; and
            (6) require that lost firearms and other sensitive assets 
        are recorded in inventory systems in the timeframe established 
        by such directive.

SEC. 6. INSPECTOR GENERAL REVIEW.

    The Inspector General of the Department of Homeland Security shall, 
on an ongoing basis, review implementation of this Act and, not later 
than 180 days after issuance of the directive under section 4, submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a review of the progress and effectiveness of such directive, 
including an assessment of the adequacy of such directive, as well as 
the level of compliance among the components of the Department to 
achieve adequate security of sensitive assets across Department 
components.

            Passed the House of Representatives May 14, 2019.

            Attest:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 1437

_______________________________________________________________________

                                 AN ACT

    To amend the Homeland Security Act of 2002 to require the Under 
  Secretary for Management of the Department of Homeland Security to 
   achieve security of sensitive assets among the components of the 
        Department of Homeland Security, and for other purposes.