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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3589 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3589

To amend title 18, United States Code, to prohibit unauthorized private 
             paramilitary activity, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2024

  Mr. Markey introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to prohibit unauthorized private 
             paramilitary activity, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Private Paramilitary 
Activity Act of 2024''.

SEC. 2. PROHIBITION OF UNAUTHORIZED PRIVATE PARAMILITARY ACTIVITY.

    (a) In General.--Part I of title 18, United States Code, is amended 
by adding at the end the following:

       ``CHAPTER 125--UNAUTHORIZED PRIVATE PARAMILITARY ACTIVITY

``2741. Definitions.
``2742. Unauthorized private paramilitary activity.
``2743. Preemption.
``2744. Civil remedies.
``Sec. 2741. Definitions
    ``In this chapter:
            ``(1) Ammunition.--The term `ammunition' has the meaning 
        given the term in section 921(a).
            ``(2) Armed forces.--The term `armed forces' has the 
        meaning given the term in section 101 of title 10.
            ``(3) Dangerous weapon.--The term `dangerous weapon' has 
        the meaning given the term in section 930(g).
            ``(4) Explosive or incendiary device.--The term `explosive 
        or incendiary device' has the meaning given the term in section 
        232.
            ``(5) Firearm.--The term `firearm' has the meaning given 
        the term in section 921(a).
            ``(6) Large capacity ammunition feeding device.--The term 
        `large capacity ammunition feeding device'--
                    ``(A) means a magazine, belt, drum, feed strip, or 
                similar device that has a capacity of, or that can be 
                readily restored or converted to accept, more than 10 
                rounds of ammunition; and
                    ``(B) does not include an attached tubular device 
                designed to accept, and capable of operating only with, 
                .22 caliber rimfire ammunition.
            ``(7) National guard.--The term `National Guard' has the 
        meaning given that term in section 101(c) of title 10 and 
        section 101 of title 32.
            ``(8) Person.--The term `person' means any individual, 
        partnership, corporation, company, association, firm, society, 
        organization, or governmental entity, whether incorporated or 
        unincorporated.
            ``(9) Private paramilitary organization.--The term `private 
        paramilitary organization' means any group of 3 or more persons 
        associating under a command structure for the purpose of 
        functioning in public or training to function in public as a 
        combat, combat support, law enforcement, or security services 
        unit.
            ``(10) Regularly organized state militia.--The term 
        `regularly organized State militia' includes a defense force 
        authorized under section 109(c) of title 32.
            ``(11) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
``Sec. 2742. Unauthorized private paramilitary activity
    ``(a) Offense.--It shall be unlawful to knowingly, in a 
circumstance described in subsection (b), while acting as part of or on 
behalf of a private paramilitary organization and armed with a firearm, 
explosive or incendiary device, or other dangerous weapon--
            ``(1) publically patrol, drill, or engage in techniques 
        capable of causing bodily injury or death;
            ``(2) interfere with, interrupt, or attempt to interfere 
        with or interrupt government operations or a government 
        proceeding;
            ``(3) interfere with or intimidate another person in that 
        person's exercise of any right under the Constitution of the 
        United States;
            ``(4) assume the functions of a law enforcement officer, 
        peace officer, or public official, whether or not acting under 
        color of law, and thereby assert authority or purport to assert 
        authority over another person without the consent of that 
        person; or
            ``(5) train to engage in any activity described in 
        paragraphs (1) through (4).
    ``(b) Circumstances.--The circumstances described in this 
subsection are that the conduct described in subsection (a)--
            ``(1) involves--
                    ``(A) travel across a State line or national 
                border; or
                    ``(B) the use of the channels, facilities, or 
                instrumentalities of interstate or foreign commerce;
            ``(2) involves a firearm, explosive or incendiary device, 
        or dangerous weapon that has traveled in interstate or foreign 
        commerce;
            ``(3) involves the use of ammunition or a large capacity 
        ammunition feeding device that has traveled in interstate or 
        foreign commerce;
            ``(4) obstructs, delays, or affects interstate or foreign 
        commerce; or
            ``(5) occurs wholly within any commonwealth, territory, or 
        possession of the United States.
    ``(c) Exceptions.--Subsection (a) shall not apply to--
            ``(1) the armed forces of the United States, the National 
        Guard, the Naval Militia, any regularly organized State 
        militia, or any unorganized or reserve militia called into 
        service by a State or the United States;
            ``(2) a group of individuals who--
                    ``(A) associate as a military organization solely 
                for purposes of historical reenactment or study; or
                    ``(B) parade in public as part of a bona fide 
                veterans organization with no intent to engage in the 
                activities prohibited by subsection (a);
            ``(3) students in an educational institution authorized by 
        the Federal Government or a State to teach military science as 
        a prescribed part of the course of instruction, when under the 
        supervision of a military instructor; or
            ``(4) members of an organization that is authorized under 
        Federal or State law to provide paramilitary, law enforcement, 
        or security services training or to engage in paramilitary 
        activity, law enforcement, or security services when performing 
        the functions authorized by law and, in the case of 
        paramilitary activity and law enforcement functions, when under 
        the direction and control of a governmental authority.
    ``(d) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned for not more than 1 year, or both, 
except that--
            ``(1) in the case of a violation that does not result in 
        bodily injury and is committed by a person who has not, prior 
        to the commission of the violation, been convicted of violating 
        a Federal or State law, the person may be sentenced to 
        probation for a term of not more than 1 year;
            ``(2) in the case of a violation that occurs after a prior 
        conviction under this section has become final, the person 
        shall be fined under this title, imprisoned for not more than 2 
        years, or both;
            ``(3) in the case of a violation that results in damage to 
        property, the person shall be fined under this title, 
        imprisoned for not more than 2 years, or both; and
            ``(4) in the case of a violation that results in--
                    ``(A) bodily injury, the person shall be fined 
                under this title, imprisoned for not more than 5 years, 
                or both; or
                    ``(B) death, the person shall be fined under this 
                title and imprisoned for any term of years or for life.
    ``(e) Forfeiture.--
            ``(1) In general.--Any person who violates subsection (a) 
        shall forfeit to the United States any property, personal or 
        real, involved in, used, or intended to be used, in any manner 
        or part, to commit, or to facilitate the commission of, the 
        violation, or that constitutes or is derived from proceeds 
        traceable to the violation.
            ``(2) Procedures.--Section 413 of the Controlled Substances 
        Act (21 U.S.C. 853), with the exception of subsections (a) and 
        (d), shall apply to the criminal forfeiture of property 
        pursuant to this subsection.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to preclude a violation of subsection (a) being committed by 
a person acting separately from the other members of the private 
paramilitary organization, provided that the violation is committed in 
furtherance of or in coordination with the actions of the other 
members.
``Sec. 2743. Preemption
    ``Nothing in this chapter shall be construed as indicating an 
intent on the part of Congress to occupy the field in which any 
provisions of the chapter operate to the exclusion of State or local 
laws on the same subject matter, nor shall any provision of this 
chapter be construed to invalidate any provision of State law unless 
the provision of State law is inconsistent with any of the purposes of 
this chapter.
``Sec. 2744. Civil remedies
    ``(a) Public Right of Action.--Whenever the Attorney General has 
reasonable cause to believe that any person or group of persons has 
engaged in or is about to engage in any act prohibited by section 2742, 
the Attorney General may bring a civil action for preventive relief, 
including an application for a permanent or temporary injunction, 
restraining order, or other order, in an appropriate district court of 
the United States.
    ``(b) Private Right of Action.--Any person injured as a result of 
any violation of section 2742 may bring a civil action, individually or 
jointly with other aggrieved persons, in an appropriate district court 
of the United States for preventive relief, including an application 
for a permanent or temporary injunction, restraining order, or other 
order, or for damages incurred as a result of any violation of section 
2742, including reasonable attorney fees and costs.
    ``(c) Forfeiture.--Any property subject to forfeiture pursuant to 
section 2742 may be forfeited to the United States in a civil case in 
accordance with the procedures set forth in chapter 46.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by adding at the end the following:

``125. Unauthorized Private Paramilitary Activity...........    2741''.
                                 <all>
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