[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 675 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 675

  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 26, 2009

  Mr. Filner introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 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 may 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
            ``(3) to carry firearms.
    ``(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.''.
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