HR 4433 : Securing DHS Firearms Act of 2017

Position: Support Status: House Homeland Security

A directive to achieve adequate security over firearms and other sensitive assets across the Department of Homeland Security. This bill was introduced in response to a lawsuit filed by the family of Antonio Ramos of California who was shot to death in 2015 with a firearm stolen from an ICE agent.

Update

01/10/2018 Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. 01/09/2018 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. 01/09/2018 Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-496. 11/16/2017 Introduced by Rep. Correa, J. Luis [D-CA-46] 2 cosponsosr (D 1, R 1)

 In 2015, 27-year-old Antonio Ramos was shot to death in Oakland, California while painting a mural. Investigators determined that the gun used was stolen from an Immigration and Customs Enforcement (ICE) agent’s car while it was parked in San Francisco. The Ramos family is suing ICE for wrongful death.The gun used to kill Kate Steinle on the San Francisco waterfront in July 2015 was stolen from a Bureau of Land Management agent’s vehicle. Steinle’s family is suing BLM. (KQED)

During testimony on January 9, 2018, Congressman Brian Fitzpatrick (D-PA) stated, “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.” Testimony given by Rep. Fitzgerald on HR 4433, January 9, 2018.

Paragraph (6) of section 701(a) of the Homeland Security Act of 2002 (6 U.S.C. 341(a)) is amended by inserting “(including firearms and other sensitive assets)” after “equipment”.

The directive shall require:

  • Descriptions of what equipment, in addition to firearms, is classified as a sensitive asset for the purpose of carrying out this Act.
  • Requirements for securing Department-issued firearms and other sensitive assets.
  • A classification system for all categories of Department-issued badges and corresponding requirements for safeguarding such assets.
  • 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.
  • Recordkeeping requirements for lost firearms and other sensitive assets in inventory systems, including a timeline for recording such losses.

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) Procedures to safeguard sensitive assets during on- and off-duty time, and utilization of safety locking devices and policies on the use of such assets, as applicable.

(2) Initial, recurrent, and remedial training on safeguarding such assets.

(3) Examples, with detail, of how to record lost sensitive assets across components of the Department, and an enforcement mechanism to ensure supervisors maintain such records.

(4) 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.