Providing for Consideration of H.R. Law-Enforcement Innovate to De-Escalate Act; Providing for Consideration of H.R. Undersea Cable Protection Act of Providing for Consideration of H.R. Securing America's Critical Minerals Supply Act; and for Other Purposes

Floor Speech

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Mr. FITZGERALD. Mr. Speaker, I rise in support of the resolution and in support of H.R. 2189, the Law-Enforcement Innovate to De-Escalate Act. This bill will put lifesaving, less lethal technology in the hands of more law enforcement and public safety officers.

When the Gun Control Act of 1968 was enacted more than 50 years ago, it was not written with the intent to regulate less lethal projectile devices such as tasers. Unfortunately, if a taser or other device uses an explosive propellant to discharge a projectile, the ATF classifies it as a firearm. This makes it more difficult for law enforcement and public safety officers to obtain and use these devices.

For starters, many States prohibit public safety officers from using firearms. In at least 12 States, correctional officers are unable to carry firearms in the course of their official duties. Many State laws also prohibit or restrict the use of firearms in schools and hospitals, meaning security officers would be unable to purchase these devices.

For police departments, law enforcement officers could be unfairly subjected to higher levels of liability exposure for discharging a ``firearm'' than a less lethal device. This includes my own State of Wisconsin, which includes in its definition of deadly force the discharge of a firearm.

Mr. Speaker, that is why the Law-Enforcement Innovate to De-Escalate Act is both necessary and important. H.R. 2189 makes a small, but important, change to the Gun Control Act's definition of a firearm to appropriately define a less lethal projectile device.

It does so by instituting a five-part test, ensuring only those devices that are truly less lethal will pass ATF scrutiny. It also exempts these devices from the firearm excise tax, the simple logic being that police departments and manufacturers should no longer be paying a firearm tax on a device that is no longer classified as a firearm. It was never intended to apply to them in the first place. It should not apply to them now.

By making these simple changes, we are equipping our law enforcement and public safety officers with the best tools to keep our communities safe and our first responders out of harm's way.

Innovation should be rewarded, not stifled, and this bill does just that.

Mr. Speaker, I thank my colleagues, Congressman Correa, Congressman Schweikert, and Congressman Stanton, for their leadership on this issue over the last two Congresses.

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