[Congressional Record Volume 164, Number 5 (Tuesday, January 9, 2018)]
[House]
[Pages H50-H51]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING DEPARTMENT OF HOMELAND SECURITY FIREARMS ACT OF 2017
Mr. FITZPATRICK. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 4433) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4433
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 2017'' or the ``Securing
DHS Firearms Act of 2017''.
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 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.''.
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 one
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Fitzpatrick) and the gentleman from California (Mr.
Correa) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. FITZPATRICK. Mr. Speaker, I ask unanimous consent that all
Members 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 Pennsylvania?
There was no objection.
Mr. FITZPATRICK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 4433, the Securing
Department of Homeland Security Firearms Act of 2017.
A recent report by the Department of Homeland Security Office of
Inspector General, entitled, ``DHS' Controls Over Firearms and Other
Sensitive Assets,'' found that, between fiscal year 2014 and fiscal
year 2016, personnel from DHS and its components misplaced a total of
2,142 highly sensitive assets, including 228 firearms and 1,889 badges.
[[Page H51]]
DHS is charged with the safety of our Nation and its citizens. The
OIG report indicates that not only are there some DHS personnel not
being held accountable for failing to safeguard their sensitive assets,
they are also not receiving proper training on how to properly
safeguard and keep track of such equipment. Given the importance of
DHS' mission, this is unacceptable, Mr. Speaker.
H.R. 4433 follows the OIG's recommendations and requires DHS' Under
Secretary for Management to promulgate a departmentwide directive to
DHS personnel aimed at achieving adequate security over DHS firearms
and other sensitive assets. H.R. 4433 mandates that this directive
include descriptions of what equipment is classified as a sensitive
asset, requirements for securing Department-issued sensitive assets,
and recordkeeping requirements for reporting lost or stolen firearms
and other assets.
H.R. 4433 also requires DHS to update its Personal Property Asset
Management Program Manual to include procedures and training on how to
safeguard assets, both on and off duty, in accordance with the
directive.
Mr. Speaker, I urge all Members to join me in supporting this bill,
and I reserve the balance of my time.
Mr. CORREA. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 4433, the Securing Department of Homeland
Security Firearms Act of 2017.
Mr. Speaker, DHS is a diverse Department that has the distinction of
being the largest law enforcement agency in the Federal Government. To
help support its critical mission, DHS must maintain and safeguard a
variety of sensitive law enforcement equipment, such as firearms,
ammunition, and badges. DHS equipment in the wrong hands could result
in loss of life.
According to an October 2017 report issued by the DHS Office of
Inspector General, the Department does not have adequate requirements
to safeguard its sensitive assets. Approximately 2,100 highly sensitive
assets were lost between 2014 and 2016. In response to the report, my
legislation requires DHS to develop and implement policies to secure
firearms and other sensitive DHS equipment at the Department.
This security measure requires the Under Secretary of Management to
disseminate a departmentwide directive that includes requirements for
securing firearms and sensitive DHS equipment, as well as reporting
these requirements.
This measure outlines the responsibilities to properly safeguard
firearms and sensitive assets in accordance with the directive and
requires personnel to properly report lost firearms and equipment.
This measure was unanimously approved by the Committee on Homeland
Security last month and will help foster greater accountability and
security within DHS, and I urge passage of this measure.
Mr. Speaker, in closing, my legislation is intended to advance the
critical mission of DHS by ensuring that firearms and sensitive assets
are properly safeguarded and maintained.
In my home State of California, in 2015, a 27-year-old, Antonio
Ramos, was shot and killed with an ICE agent's stolen 9-millimeter
weapon.
According to the DHS OIG, failures to safeguard important equipment
and assets are still not being properly addressed. Given DHS' mission,
it is essential that the DHS workforce prioritize and properly protect
the equipment that is critical to their mission.
Mr. Speaker, I urge passage of this measure, and I yield back the
balance of my time.
Mr. FITZPATRICK. Mr. Speaker, I, once again, urge my colleagues to
support H.R. 4433, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Fitzpatrick) that the House suspend
the rules and pass the bill, H.R. 4433, 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.
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