Regulatory Agency Demilitarization Act

Regulatory Agency Demilitarization Act

On the 23rd of June, Rep. Chris Stewart (Utah, 2nd district which includes Salt Lake City, Saint George and Delta) introduced the “Regulatory Agency Demilitarization Act”. This bill has 23 co-sponsors and has been referred to the Committee on Oversight and Government Reform. I have noted the relevant United States Codes at the bottom.

 

 

The Co-sponsors are:

Rep. Mark Amodei (NV), Rep. Kerry Bentivolio (MI), Rep. Jason Chaffetz (UT), Rep. Tom Cotton (AR), Rep. Kevin Cramer (ND), Rep. Jeff Duncan (SC), Rep. Virginia Foxx (NC), Rep. Louie Gohmert (TX), Rep. Sam Graves (MO), Rep. Doug LaMalfa (CA), Rep. James Lankford (OK), Rep. Billy Long (MO), Rep. Cynthia Lummis (WY), Rep. Tom McClintock (CA), Rep. Scott Perry (PA), Rep. Mike Pompeo (KS), Rep. Reid Ribble (WI), Rep. Tom Rice (SC), Rep. Todd Rokita (IN), Rep. Matt Salmon (AZ), Rep. Adrian Smith (NE), Rep. Steve Stockman (TX), and Rep. Randy Weber Sr. (TX).

The text of the bill reads:

H. R. 4934

To prohibit certain Federal agencies from using or purchasing certain firearms, and for other purposes

IN THE HOUSE OF REPRESENTATIVES

June 23, 2014

A BILL

 

To prohibit certain Federal agencies from using or purchasing certain firearms, and for other purposes

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

Short Title

This Act may be cited as the `Regulatory Agency Demilitarization Act’.

Prohibition on purchase and use by a Federal Agency of firearms

(a) Prohibition- Not later than 30 days after the date of the enactment of this Act, a Federal agency may not purchase or use a firearm.

(b) GAO Report- Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General shall submit to Congress a report that includes the following:

Each Federal agency, including the office of Inspector General for the Federal agency, that has specialized units that receive special tactical or military-style training or use hard-plated body armor, shields, or helmets and that respond to high-risk situations that fall outside the capabilities of regular law enforcement officers, including any special weapons and tactics (SWAT) team, tactical response teams, special events teams, special response teams, or active shooter teams.A description of each such unit.

A description of the training and weapons of each such unit.

The criteria for activating each such unit and how often each such unit was activated for each year of the previous ten years.

The annual cost of equipping and operating each such unit.

Any other information that is relevant to understanding the usefulness and justification for the units.

(c) Definitions- In this section:

FEDERAL AGENCY- The term `Federal agency’ has the meaning given that term in section 102 of title 40, United States Code, but does not include–

the Department of Defense;the Department of Justice;

the Department of Homeland Security;

the Nuclear Regulatory Commission;

the United States Capitol Police;

the Bureau of Diplomatic Security;

the Central Intelligence Agency; and

the military departments (as defined in section 102 of title 5, United States Code).

FIREARM- The term `firearm’ has the meaning given that term in section 5845(a) of the Internal Revenue Code of 1986, but does not include a silencer (as defined in section 921 of title 18, United States Code).

 

Removal of Law Enforcement Powers of Inspector General Agents

(a) In General- Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended–

(1) by striking subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

(b) Effective Date- Subsection (a) shall take effect on the date of the enactment of this Act.

 

 

Note 1: 5 USC section 102 is:

§102. Military departments

The military departments are:

The Department of the Army

The Department of the Navy

The Department of the Air Force

 

Note 2: 26 USC 5845(a) is:

§5845. Definitions

For the purpose of this chapter

(a) Firearm

The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

 

Note 3: 18 USC 921(a)(24) is:

(24) The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

 

Note 4: 5 USC App. Subsection (e) is:

(e)(1) In addition to the authority otherwise provided by this Act, each Inspector General, any Assistant Inspector General for Investigations under such an Inspector General, and any special agent supervised by such an Assistant Inspector General may be authorized by the Attorney General to-

(A) carry a firearm while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General;

(B) make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute, or as expressly authorized by the Attorney General, for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and

(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed.

(2) The Attorney General may authorize exercise of the powers under this subsection only upon an initial determination that-

(A) the affected Office of Inspector General is significantly hampered in the performance of responsibilities established by this Act as a result of the lack of such powers;

(B) available assistance from other law enforcement agencies is insufficient to meet the need for such powers; and

(C) adequate internal safeguards and management procedures exist to ensure proper exercise of such powers.

(3) The Inspector General offices of the Department of Commerce, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, Agency for International Development, Environmental Protection Agency, Federal Deposit Insurance Corporation, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, Social Security Administration, and the Tennessee Valley Authority are exempt from the requirement of paragraph (2) of an initial determination of eligibility by the Attorney General.

(4) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1).

(5)(A) Powers authorized for an Office of Inspector General under paragraph (1) may be rescinded or suspended upon a determination by the Attorney General that any of the requirements under paragraph (2) is no longer satisfied or that the exercise of authorized powers by that Office of Inspector General has not complied with the guidelines promulgated by the Attorney General under paragraph (4).

(B) Powers authorized to be exercised by any individual under paragraph (1) may be rescinded or suspended with respect to that individual upon a determination by the Attorney General that such individual has not complied with guidelines promulgated by the Attorney General under paragraph (4).

(6) A determination by the Attorney General under paragraph (2) or (5) shall not be reviewable in or by any court.

(7) To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the date of enactment of this subsection, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2). The review process shall be established in consultation with the Attorney General, who shall be provided with a copy of the memorandum of understanding that establishes the review process. Under the review process, the exercise of the law enforcement powers by each Office of Inspector General shall be reviewed periodically by another Office of Inspector General or by a committee of Inspectors General. The results of each review shall be communicated in writing to the applicable Inspector General and to the Attorney General.

(8) No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation.

(9) In this subsection, the term “Inspector General” means an Inspector General appointed under section 3 or an Inspector General appointed under section 8G.