[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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