HR 324
112th CONGRESS
1st Session
H. R. 324
To amend title 10, United States Code, to provide police officers,
criminal investigators, and game law enforcement officers of the Department
of Defense with authority to execute warrants, make arrests, and carry firearms.
IN THE HOUSE OF REPRESENTATIVES
January 19, 2011
Mr. FILNER introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To amend title 10, United States Code, to provide police officers,
criminal investigators, and game law enforcement officers of the Department
of Defense with authority to execute warrants, make arrests, and carry firearms.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. AUTHORITY FOR POLICE OFFICERS, CRIMINAL INVESTIGATORS, AND GAME
LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF DEFENSE TO EXECUTE WARRANTS,
MAKE ARRESTS, AND CARRY FIREARMS.
(a) Authority- Chapter 81 of title 10, United States Code, is amended by adding
at the end the following new section:
`Sec. 1585b. Law enforcement officers of the Department of Defense: authority
to execute warrants, make arrests, and carry firearms
`(a) Authority- The Secretary of Defense shall authorize any law enforcement
officer of the Department of Defense--
`(1) to execute and serve any warrant or other process issued under the
authority of the United States;
`(2) to make arrests without a warrant--
`(A) for any offense against the United States committed in the presence
of that officer; and
`(B) for any felony cognizable under the laws of the United States if
the officer has probable cause to believe that the person to be arrested
has committed or is committing the felony; and
`(b) Persons To Have Authority- Subsection (a) applies to any law enforcement
officer of the Department of Defense whose duties include--
`(1) enforcing laws enacted for the protection of persons and property;
`(2) preventing breaches of the peace and suppressing affrays or unlawful
assemblies;
`(3) conducting, supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of Defense; or
`(4) enforcing any rules or regulations with respect to Department of Defense
property prescribed by duly authorized officials.
`(c) Guidelines on Exercise of Authority- The authority provided under subsection
(a) shall be exercised in accordance with guidelines issued by the Secretary
of Defense and approved by the Attorney General.
`(d) Definition of Law Enforcement Officer of the Department of Defense- In
this section, the term `law enforcement officer of the Department of Defense'
means a civilian employee of the Department of Defense who is any of the following:
`(1) A Federal police officer or detective as classified by the Office of
Personnel Management Occupational Series 0083 (or any successor to that
series).
`(2) A game law enforcement officer or special agent as classified by the
Office of Personnel Management Occupational Series 1812 (or any successor
to that series).
`(3) A criminal investigator as classified by the Office of Personnel Management
Occupational Series 1811 (or any successor to that series) and not employed
as a special agent of the Defense Criminal Investigative Service (or any
successor to that service).'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
`1585b. Law enforcement officers of the Department of Defense: authority
to execute warrants, make arrests, and carry firearms.'.
END
