Oil Reserves:

Proposed DOE Legislation for Firearm and Arrest Authority Has Merit

RCED-87-178, Aug 11, 1987

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In response to a congressional request, GAO reviewed the kinds of security systems in place at the Strategic Petroleum Reserve (SPR), security clearance procedures, and the adequacy of the physical security system. In addition, GAO commented on legislation that the Department of Energy (DOE) proposed to grant firearm and arrest authority to SPR security personnel.

GAO found that there was no uniform framework for guard services for all SPR sites and facilities. Uniform authority would: (1) provide the same arrest authority for guards serving at both sites; (2) allow the security services contractor to move guard personnel among sites with no loss of authority; and (3) resolve the question of security guards' personal liability for actions taken in the line of duty. GAO supported the proposed legislation, but noted that DOE is using subcontractor personnel to protect SPR facilities and the legislation may be ambiguous as to whether DOE can extend firearm and arrest authority to subcontractor employees.

Status Legend:

More Info
  • Review Pending-GAO has not yet assessed implementation status.
  • Open-Actions to satisfy the intent of the recommendation have not been taken or are being planned, or actions that partially satisfy the intent of the recommendation have been taken.
  • Closed-implemented-Actions that satisfy the intent of the recommendation have been taken.
  • Closed-not implemented-While the intent of the recommendation has not been satisfied, time or circumstances have rendered the recommendation invalid.
    • Review Pending
    • Open
    • Closed - implemented
    • Closed - not implemented

    Recommendation for Executive Action

    Recommendation: The Secretary of Energy should request the cognizant House committees to revise the proposed legislation to make explicit the right to grant firearm and arrest authority to SPR subcontractor, DOE, and contractor personnel.

    Agency Affected: Department of Energy

    Status: Closed - Implemented

    Comments: Public Law 100-531, October 25, 1988, authorizes security personnel of the Strategic Petroleum Reserve to carry firearms and make warrantless arrests under guidelines prescribed by the Secretary of Energy.