I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. AUTHORITY FOR POLICE OFFICERS, CRIMINAL 

2 INVESTIGATORS, AND GAME LAW ENFORCE3 MENT OFFICERS OF THE DEPARTMENT OF 

4 DEFENSE TO EXECUTE WARRANTS, MAKE AR5 RESTS, AND CARRY FIREARMS. 

6 (a) AUTHORITY.—Chapter 81 of title 10, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 1585b. Law enforcement officers of the Department 

10 of Defense: authority to execute war11 rants, make arrests, and carry firearms 

12 ‘‘(a) AUTHORITY.—The Secretary of Defense shall 

13 authorize any law enforcement officer of the Department 

14 of Defense— 

15 ‘‘(1) to execute and serve any warrant or other 

16 process issued under the authority of the United 

17 States; 

18 ‘‘(2) to make arrests without a warrant— 

19 ‘‘(A) for any offense against the United 

20 States committed in the presence of that offi21 cer; and 

22 ‘‘(B) for any felony cognizable under the 

23 laws of the United States if the officer has 

24 probable cause to believe that the person to be 

25 arrested has committed or is committing the 

26 felony; and 


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1 ‘‘(3) to carry firearms. 

2 ‘‘(b) PERSONS TO HAVE AUTHORITY.—Subsection 

3 (a) applies to any law enforcement officer of the Depart4 ment of Defense whose duties include— 

5 ‘‘(1) enforcing laws enacted for the protection 

6 of persons and property; 

7 ‘‘(2) preventing breaches of the peace and sup8 pressing affrays or unlawful assemblies; 

9 ‘‘(3) conducting, supervising, or coordinating 

10 investigations of criminal activity in programs and 

11 operations of the Department of Defense; or 

12 ‘‘(4) enforcing any rules or regulations with re13 spect to Department of Defense property prescribed 

14 by duly authorized officials. 

15 ‘‘(c) GUIDELINES ON EXERCISE OF AUTHORITY.— 

16 The authority provided under subsection (a) shall be exer17 cised in accordance with guidelines issued by the Secretary 

18 of Defense and approved by the Attorney General. 

19 ‘‘(d) DEFINITION OF LAW ENFORCEMENT OFFICER

20 OF THE DEPARTMENT OF DEFENSE.—In this section, the 

21 term ‘law enforcement officer of the Department of De22 fense’ means a civilian employee of the Department of De23 fense who is any of the following: 

24 ‘‘(1) A Federal police officer or detective as 

25 classified by the Office of Personnel Management 


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1 Occupational Series 0083 (or any successor to that 

2 series). 

3 ‘‘(2) A game law enforcement officer or special 

4 agent as classified by the Office of Personnel Man5 agement Occupational Series 1812 (or any successor 

6 to that series). 

7 ‘‘(3) A criminal investigator as classified by the 

8 Office of Personnel Management Occupational Series 

9 1811 (or any successor to that series) and not em10 ployed as a special agent of the Defense Criminal 

11 Investigative Service (or any successor to that serv12 ice).’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 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.’’. 

Æ 


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