Staff Safety Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5285 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5285

To amend title 40, United States Code, to clarify that the regulations 
prescribed by the Capitol Police Board to carry out the law prohibiting 
 the possession of firearms in the United States Capitol Buildings and 
    on the United States Capitol Grounds must take into account the 
exemption provided under such law for Members, officers, and employees 
                              of Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 25, 2023

    Mr. Rosendale (for himself, Mr. Clyde, Mr. Duncan, Mr. Good of 
   Virginia, Mr. Higgins of Louisiana, and Mr. Biggs) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 40, United States Code, to clarify that the regulations 
prescribed by the Capitol Police Board to carry out the law prohibiting 
 the possession of firearms in the United States Capitol Buildings and 
    on the United States Capitol Grounds must take into account the 
exemption provided under such law for Members, officers, and employees 
                              of Congress.

    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 ``Staff Safety Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Section 5104 of title 40, United States Code, exempts 
        Members of Congress, employees of Members of Congress, officers 
        and employees of committees of Congress, and any other officers 
        or employees of either House of Congress from regulations 
        pertaining to the carrying and possession of firearms on the 
        United States Capitol Grounds.
            (2) The Supreme court in District of Columbia v. Heller 
        held that the Second Amendment protects the individual right to 
        possess a firearm unconnected with service in a militia, and 
        the use of arms for traditionally lawful purposes.
            (3) Justice Clarence Thomas, in the majority opinion for 
        New York State Rifle & Pistol Association Inc. v. Bruen, 
        affirms that the Second Amendment extends to carrying firearms 
        outside of ones home, writing ``Nothing in the Second 
        Amendment's text draws a home/public distinction with respect 
        to the right to keep and bear arms, and the definition of 
        `bear' naturally encompasses public carry. Moreover, the Second 
        Amendment guarantees an `individual right to possess and carry 
        weapons in case of confrontation', and confrontation can surely 
        take place outside the home.''.
            (4) Current regulations found in the Traffic Regulations 
        for the United States Capitol Grounds promulgated by the 
        Capitol Police Board (in Appendix J) which prevent staff from 
        carrying firearms on the United States Capitol Grounds violate 
        both Federal law and the Constitution.

SEC. 3. CLARIFICATION OF APPLICABILITY OF EXEMPTION OF MEMBERS, 
              OFFICERS, AND EMPLOYEES OF CONGRESS FROM LAWS PROHIBITING 
              POSSESSION OF FIREARMS IN CAPITOL AND ON CAPITOL GROUNDS 
              TO REGULATIONS OF CAPITOL POLICE BOARD.

    (a) Applicability of Exemption to Regulations.--Section 5104(e)(3) 
of title 40, United States Code, is amended by striking ``This 
subsection does not prohibit'' and inserting ``This subsection does not 
prohibit, and the regulations prescribed by the Capitol Police Board 
under paragraph (1)(A) shall not prohibit,''.
    (b) Revision of Existing Regulations.--Not later than 90 days after 
the date of the enactment of this Act, the Capitol Police Board shall 
revise any regulations prescribed under section 5104(e)(1)(A) of title 
40, United States Code, to ensure that the regulations are consistent 
with section 5104(e)(3) of such title.
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