Securing DHS Firearms Act of 2017

Mr. Speaker, 47 years ago, August 11, a baby boy was born to a mother and father in Detroit, Michigan, named Brian Terry.

Some 18 years after that, Brian made a commitment to serve his country by enlisting in the United States Marine Corps, where he served 3 years honorably, including a tour of duty in harm's way in Iraq.

Discharged from the Marine Corps honorably in 1994, Brian Terry followed his calling to serve by becoming a police officer. He then made another commitment not to serve just his community, but our Nation. In 2007, he joined the Customs and Border Protection.

But this wasn't good enough for what his mother characterized as a brave, strong defender of people. Brian decided to join the elite Border Tactical Team of the Border Patrol unit.

Seven years ago today, Brian was part of a four-person team tasked with pursuing and apprehending a ``rip'' crew. This rip crew has been alleged to be affiliated with the Mexican drug cartels. What they did was exploit those who took advantage of the unwillingness of those in leadership in this country to perform that basic, principled responsibility, which is to secure our borders.

The rip crew would rob drug mules as they carried drugs across the border, but would also routinely detain and shake down those who snuck through our porous borders. This cartel-affiliated rip crew had weapons, and they used those weapons to rob, terrorize, and exploit in the worst possible ways people who were essentially invited here by our failure to do our jobs.

Seven years ago today, Brian Terry and three of his colleagues set out not just to protect our border, but to protect innocent people, who came with their entire life savings, because we chose to leave that border porous.

Yesterday, the House Homeland Security Committee took up H.R. 4433. H.R. 4433 is entitled Securing DHS Firearms Act of 2017. We learned during testimony on this bill that in a 2-year period, just over 200 firearms were stolen from people who worked for the Department of Homeland Security, or lost. At least one person was killed by these firearms. I would concur that that is unacceptable.

I certainly support the bill, but having served in the United States Army as a leader of soldiers on deployment, all of whom were issued at least one weapon, I wonder if it literally requires an act of Congress to suggest that the DHS promulgate regulations to oversee the loss or theft of DHS supplied weapons.

Yes, over 200 weapons is horrible. Yes, one life lost is horrible. But should there be an act of Congress?

Because, as I recall, as a leader in the army while deployed overseas, we had protocol for dealing with lost weapons, with lost sensible items, and with lost COMSEC. We didn't need an act of Congress to tell us to promulgate it.

While I support this bill, it began to make me wonder and then think of a Bible verse, Matthew 7:3:

``Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye?''

Certainly it is unacceptable that over 200 weapons should be lost or stolen from DHS employees in a period of 2 years. But it is, quite literally, one-tenth of the scale of the weaponry that our government intentionally put into the stream of commerce to be used by those who would visit harm not only on their neighbors and family members south of our border, but right here on our own soil.

So, weapons like this, to the quantity of over 200, were lost or stolen from members of DHS. Meanwhile, 7 years ago, weapons like this were put into the stream of commerce by our very government. Weapons like this took the lives of at least one person. Weapons like this, put into the stream of commerce by our very government, have taken, at the very least, 70 times as many lives.

Yesterday, the Committee on Homeland Security promulgated a bill--an act of Congress--to address 200-some weapons like this that have cost at least one human life. And 7 years after Brian Terry set out on patrol that fateful night in Arizona, days before he was to fly home to Michigan to see his family for Christmas, nobody is talking about the weapons like this that our government intentionally placed into the stream of commerce, where we knew, to a metaphysical certainty, they would go to those who would do harm to their neighbors and their families and Americans.

Seven years later, we have seen justice. The killers of Brian Terry have been arrested. The first man arrested for having shot Mr. Terry in the back with a military-style rifle, leaving him to bleed to death in the medical chopper that flew him out in an effort to save his life, had, I think, ironically, already been deported from this country seven times.

The night that Brian Terry set out to protect not only the borders of this Nation, but the people who seek to enter it because we will not uphold our responsibility, the man who killed him was about robbing the very people who were coming here because we allowed it by not doing our jobs, and he had already been deported seven times.

Now, we know that close to 70 people have died because we intentionally, as a nation, put into the stream of commerce military- style weapons. In fact, we have lost track of over 1,400 of the over 2,000 weapons that the Obama administration thought it would be a good idea to intentionally let go to Mexico.

The weapon pictured next to me is a Barrett M-82 .50-caliber anti- personnel and -materiel rifle. There are Members of this body who have spoken on how this weapon should be illegal because, conceivably, it can take down an airplane.

Why do I digress?

Because that weapon was recovered in the hideout known to be used by the most notorious murderer in North America in the last 100 years: El Chapo Guzman.

The United States Government watched while a weapon that some Members of this body would suggest can take down an airplane was trafficked to a man who is trafficked in death to the point where the next slide I show will blow any thinking person's mind.

Many of the 160,000, roughly, deaths of civilians in Mexico can be traced directly back to this man. And we know, because it was recovered, that at least one of the military-style weapons that he received came from us.

So, 7 years ago today, an American hero named Brian Terry, who had served as a law enforcement professional, as a marine in Iraq, and on the elite border tactical squadron, set out to protect America, but to also protect those who sought to enter it, whether legally or illegally. And, when he did so, he did so understanding fully, as those who take an oath to defend this Nation do, that some things in this world are worth standing, fighting, and dying for. And, tragically, 7 years ago tonight, Brian Terry made that sacrifice.

I had no intention of standing and speaking on this today until H.R. 4433, the Securing DHS Firearms Act of 2017, came before the Homeland Security Committee yesterday, but it struck me as ironic. Not only did I serve in uniform as a combat arms officer for nearly 6 years, but I spent just under 10 years as a prosecutor, and I have a passion for a number of things, but foremost among these is justice.

So while it gives my heart some condolence, I can't begin to imagine the feelings on the 7th anniversary of the family members of this American hero, knowing that, while the people who pulled the trigger have been convicted, the weapons that they used were provided to them by the very Nation that he died to protect.

Mr. Speaker, with that, I would submit this: I have faith that in life or after life, there will always ultimately be justice.

I will tell you this: In the case of those who, with intent, put the firearms into the hands of the individuals who took the life of this American hero, I hope that justice comes in this life and not the next.

So, while we move about our business of promulgating laws to dictate to the DHS that they should have a policy to address the loss of firearms, I hope we don't take our eye off the ball of the very firearms that we intentionally trafficked, like the two that were recovered from the scene of the murder of Brian Terry, and that we will continue until we find it to seek justice for this man and act in a manner such that there are no more Brian Terry tragedies going forward.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise in support of H.R. 4433.

H.R. 4433, the Securing DHS Firearms Act of 2017, makes the Under Secretary of the Department of Homeland Security (DHS) responsible for the security of sensitive assets, such as badges, firearms, or other weapons.

This legislation directs the DHS's Under Secretary to create and disseminate a directive. This directive should designate which assets should be classified as sensitive, the requirements for securing and safeguarding sensitive assets, and the methods to record and report lost assets. H.R. 4433 also directs the Under Secretary to revise the Personal Property Asset Management Program Manual, which contains the procedures and trainings for safeguarding sensitive assets, guides for recording lost assets, and requirements that a lost asset file contain both a DHS report and a corresponding police report.

H.R. 4433 is vital to safeguard sensitive assets that could result in loss of life and significant mission derailment if lost. From 2014 to

2016, DHS purportedly lost 2,141 sensitive assets, including firearms, badges, and secure immigration stamps. In many of these cases, DHS personnel acted recklessly and were not held accountable for improperly safeguarding their sensitive assets. Furthermore, DHS personnel often fail to track down their lost sensitive assets. H.R. 4433 will address this loose behavior by holding the Under Secretary of the DHS accountable for ensuring that sensitive assets are kept safe.

I am particularly concerned with safeguarding sensitive assets due to the increase in stolen guns within Georgia's 4th district and the state as a whole. The Atlanta police chief recently reported that 954 guns were stolen from cars in Atlanta last year. This represents a 40 percent increase in the number of firearms stolen from cars compared to 2015. However, this is not just a Georgian problem--a study by Harvard and Northeastern researchers this past year estimated that roughly 380,000 firearms are stolen in the U.S. every year. One of the best ways to address this issue is through prevention. By strengthening the expectations and rules for firearm ownership within the DHS, we can do a small part to reduce the number of stolen guns in Georgia and across the country.

As a member of the Judiciary committee, I have worked consistently to promote responsible gun ownership. I cosponsored legislation that required the review of U.S. policy regarding capture, custody, treatment, judicial proceedings, and repatriation of suspected `unlawful enemy combatants.' With these past legislative actions in mind, I support H.R. 4433 and urge my fellow members to do the same.

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.

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.

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.

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. Speaker, I, once again, urge my colleagues to support H.R. 4433, and I yield back the balance of my time.

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. Speaker, the following cost estimate for H.R. 4433, the Securing Department of Homeland Security Firearms Act

of 2017, prepared by the Congressional Budget Office was not made available to the Committee at the time of filing of the legislative report.

U.S. Congress,

Congressional Budget Office,

Washington, DC, January 26, 2018.

Hon. Michael McCaul,

Chairman, Committee on Homeland Security,

House of Representatives, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has

prepared the enclosed cost estimate for H.R. 4433, the

Securing DHS Firearms Act of 2017.

If you wish further details on this estimate, we will be

pleased to provide them. The CBO staff contact is Mark

Grabowicz.

Sincerely,

Keith Hall, Director.

Enclosure.

H.R. 4433--Securing DHS Firearms Act of 2017

As passed by the House of Representatives on January 9, 2018

H.R. 4433 would require the Department of Homeland Security

(DHS) to improve the security and accountability for firearms

and other sensitive assets controlled by the department (such

as badges worn by certain DHS personnel). The department is

currently carrying out activities similar to those that would

be required by the act; thus, CBO estimates that implementing

H.R. 4433 would not significantly affect DHS spending.

Enacting H.R. 4433 would not affect direct spending or

revenues; therefore, pay-as-you-go procedures do not apply.

CBO estimates that enacting H.R. 4433 would not increase

net direct spending or on-budget deficits in any of the four

consecutive 10-year periods beginning in 2028.

H.R. 4433 contains no intergovernmental or private-sector

mandates as defined in the Unfunded Mandates Reform Act.

The CBO staff contact for this estimate is Mark Grabowicz.

The estimate was approved by H. Samuel Papenfuss, Deputy

Assistant Director for Budget Analysis.