[Congressional Record Volume 165, Number 80 (Tuesday, May 14, 2019)]
[House]
[Pages H3758-H3759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     SECURING DEPARTMENT OF HOMELAND SECURITY FIREARMS ACT OF 2019

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 1437) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1437

       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 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 gentlewoman from 
New Mexico (Ms. Torres Small) and the gentleman from Pennsylvania (Mr. 
Joyce) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 1437, the Securing DHS 
Firearms Act of 2019.

[[Page H3759]]

  Mr. Speaker, this bill, authored by Mr. Correa of California, would 
require the Department of Homeland Security to take action to safeguard 
sensitive assets, such as firearms, badges, and immigration stamps.
  According to the DHS Office of Inspector General, during a 3-year 
period between fiscal years 2014 and 2016, the Department lost track of 
more than 2,000 highly sensitive assets. Failing to safeguard these 
assets puts the public at risk.
  This legislation, if enacted, would require the DHS under secretary 
for management to issue a department-wide directive for securing 
firearms, immigration stamps, badges, and other sensitive assets with 
reporting requirements for any assets that are lost or stolen.
  It is a commonsense measure the House passed by voice vote a little 
over 1 year ago.
  Mr. Speaker, I encourage this Chamber to again support this 
legislation and help safeguard the Department's most sensitive assets.
  Mr. Speaker, I reserve the balance of my time.
  Mr. JOYCE of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise today in support of H.R. 1437, the Securing DHS 
Firearms Act of 2019. This bill makes some much-needed improvements to 
address the security of firearms at the Department of Homeland 
Security.
  A DHS Office of Inspector General report from October of 2017 found 
that the DHS and component personnel misplaced over 2,100 highly 
sensitive assets, including 228 firearms, and 1,889 badges between the 
fiscal years of 2014 and 2016.
  The statistics from the OIG report and the lack of accountability for 
DHS personnel that fail to safeguard sensitive assets is startling. DHS 
performs a critical national security mission. It is unacceptable that 
DHS has deficiencies in the training personnel receive on how to 
properly safeguard and track sensitive assets like firearms.
  H.R. 1437 follows the recommendations made by the OIG in its report 
and requires the under secretary of management at DHS to issue a 
directive to ensure the Department and its components adequately 
safeguard sensitive assets.
  H.R. 1437 also mandates DHS to revise its Personal Property Asset 
Management Program Manual to require recurrent training and appropriate 
procedures to secure assets in accordance with the DHS directive.
  The Securing DHS Firearms Act of 2019 puts into place important steps 
to ensure that DHS is appropriately safeguarding sensitive assets while 
conducting its critical mission. This much-needed bill is identical to 
legislation passed in the 115th Congress by a voice vote.
  Mr. Speaker, I commend Representative Correa for introducing this 
legislation, and I urge all Members to join me in supporting this bill.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1630

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield 5 minutes to the 
gentleman from California (Mr. Correa).
  Mr. CORREA. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, the Department of Homeland Security has grown into the 
Nation's largest Federal law enforcement agency. More than 60,000 law 
enforcement officers within DHS are entrusted with securing our country 
as well as maintaining and safeguarding sensitive law enforcement 
equipment, such as firearms, ammunition, and badges.
  In 2010, DHS' Office of Inspector General reported 289 firearms 
issued to DHS officers were lost between 2006 and 2008. By 2017, when 
the inspector general did a follow-up review, it found that 228 
firearms, 1,900 badges, and 2,100 sensitive assets were either lost or 
stolen between 2014 and 2016.
  Just last winter, ICE realized that it had more ammunition than it 
was tracking. CNN reported on 70 cases where Federal air marshals lost 
or misplaced their weapons, including leaving firearms in airport 
bathrooms.
  Mr. Speaker, 4 years ago, a constituent from my home State of 
California, Antonio Ramos, 27 years old, was fatally shot with a 9-
millimeter pistol stolen from a DHS officer. This is tragic and 
unacceptable, and we can do better.
  The inspector general identified the absence of a Department-wide 
directive or policy of securing sensitive assets as a major reason for 
the Department's mismanagement of firearms and other equipment. 
Insufficient tracking and recording mechanisms and poor oversight were 
also factors identified.
  This bill, Securing DHS Firearms Act, seeks to fix these issues by 
ensuring the Department has effective controls over firearms and other 
sensitive assets. Additionally, it requires DHS to develop reporting 
and record-keeping requirements for lost firearms and other assets that 
law enforcement personnel can adhere to.
  Enactment of the Securing DHS Firearms Act of 2019 is necessary to 
ensure that the highly sensitive assets that help DHS officers protect 
our country don't fall into the wrong hands.
  I first introduced this bill in the 115th Congress where it received 
bipartisan support and passed this House unanimously on January 9, 
2018. I urge my colleagues to once again pass this commonsense 
legislation.
  Mr. JOYCE of Pennsylvania. Mr. Speaker, I urge adoption of this bill, 
and I yield back the balance of my time.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, a robust and 
standardized policy on safeguarding DHS assets and other law 
enforcement equipment is not just an administrative matter. It is a 
matter of public safety and homeland security.
  Additionally, clear requirements on the reporting of lost equipment 
are just as important. Official badges, immigration stamps, firearms, 
and other sensitive assets are issued by the Department to properly 
equip the frontline personnel of DHS who defend our homeland security 
every day. We must ensure that such equipment is well-protected and 
maintained and not accessible to bad actors.

  Mr. Speaker, I urge passage of H.R. 1437, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Torres Small) that the House suspend 
the rules and pass the bill, H.R. 1437.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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