LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE ACT

On 2026-02-12, Representative Lloyd Doggett (D-TX-37) delivered a floor speech titled "LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE ACT" in the House. The speech addressed healthcare and also covered gun policy, taxes. It referenced legislation including HR2189, HR4242, S1283, among other bills.

LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE ACT

Congressional Record, Volume 172 Issue 30 (Thursday, February 12, 2026) [Congressional Record Volume 172, Number 30 (Thursday, February 12, 2026)] [House] [Pages H2190-H2204] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE ACT Mr. FITZGERALD. Mr. Speaker, pursuant to House Resolution 1057, I call up the bill (H.R. 2189) to modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. Newhouse). Pursuant to House Resolution 1057, in lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 119-18 is adopted and the bill, as amended, is considered read. The text of the bill, as amended, is as follows: H.R. 2189 Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, TITLE I--LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE SEC. 101. SHORT TITLE. This title may be cited as the ``Law-Enforcement Innovate to De-Escalate Act''. SEC. 102. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM RESTRICTIONS UNDER TITLE 18, UNITED STATES CODE. Section 921(a) of title 18, United States Code, is amended-- (1) in the second sentence of paragraph (3), by inserting ``or a less-than-lethal projectile device'' before the period; and (2) by adding at the end the following: ``(39)(A) The term `less-than-lethal projectile device' means a device that-- ``(i) is not designed or intended to expel and may not be readily converted to accept and discharge-- ``(I) ammunition commonly used in handguns, rifles, or shotguns; or ``(II) any other projectile at a velocity exceeding 500 feet per second; ``(ii) is designed and intended to be used in a manner that is not likely to cause death or serious bodily injury; and ``(iii) does not accept, and is not able to be readily modified to accept, an ammunition feeding device-- ``(I) loaded through the inside of a pistol grip; or ``(II) commonly used in semiautomatic firearms. ``(B) If a person requests that the Attorney General determine whether a device satisfies the definition of `less- than-lethal projectile device' under subparagraph (A), the Attorney General shall make the determination not later than 90 days after the date on which the Attorney General receives the device pursuant to the request.''. TITLE II--INNOVATE LESS LETHAL TO DE-ESCALATE TAX MODERNIZATION SEC. 201. SHORT TITLE. This title may be cited as the ``Innovate Less Lethal to De-Escalate Tax Modernization Act''. SEC. 202. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM FIREARMS AND AMMUNITION TAX. (a) In General.--Section 4182 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (d) as subsection (e), and (2) by inserting after subsection (c) the following new subsection: [[Page H2191]] ``(d) Less-than-Lethal Projectile Devices.-- ``(1) In general.--The tax imposed by section 4181 shall not apply to-- ``(A) any less-than-lethal projectile device, ``(B) any device contained on the most recent list made available by the Secretary under paragraph (4)(B), and ``(C) any shell or cartridge that meets the requirement of paragraph (2)(B) and is designed for use in a device referred to in subparagraph (A) or (B). ``(2) Less-than-lethal projectile device.--The term `less- than-lethal projectile device' means a device that-- ``(A) is not designed or intended to expel, and may not be readily converted to accept and discharge-- ``(i) ammunition commonly used in handguns, rifles, or shotguns, or ``(ii) any other projectile at a velocity exceeding 500 feet per second, ``(B) is designed and intended to be used in a manner that is not likely to cause death or serious bodily injury, and ``(C) does not accept, and is not able to be readily modified to accept, ammunition feeding devices-- ``(i) loaded through the inside of a pistol grip, or ``(ii) commonly used in semiautomatic firearms. ``(3) Request for classification.--Pursuant to a request made by the manufacturer, producer, or importer of a device for a determination as to whether such device satisfies the requirements under paragraph (2), the Secretary shall make such determination not later than 90 days after the date of receipt of such request. ``(4) Annual review of new and emerging technologies.-- ``(A) List of less-than-lethal projectile devices.--The Secretary shall make publicly available a list of devices that the Secretary has determined are described in paragraph (2) and shall update such list annually to take into account new devices. ``(B) List of non-lethal devices the projectiles of which exceed 500 feet per second.-- ``(i) In general.--The Secretary shall-- ``(I) make publicly available a list of devices that the Secretary has determined are not described in paragraph (2) but would be so described if such paragraph were applied without regard to subparagraph (A)(ii) thereof, and ``(II) update such list annually to take into account new devices. ``(ii) Report to congress.--The Secretary shall annually submit a written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the annual list of devices described in clause (i), including a copy of such list, a description of the devices that were considered for inclusion on such list, and the reasons for including or excluding such devices from such list.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after the date of the enactment of this Act. (2) Requests for determinations.--Section 4182(d)(3) of the Internal Revenue Code of 1986 (as added by this section) shall apply to requests received after the date of the enactment of this Act, except that any request under such section which is received during the 180-day period beginning on the date of the enactment of this Act shall be treated for purposes of such section as received as of the close of such period. SEC. 203. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM NATIONAL FIREARMS ACT. Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking ``an antique firearm or'' and inserting ``any antique firearm, any less-than-lethal projectile device (as defined in section 4182(d)(2)), any device referred to in section 4182(d)(1)(B), or''. The SPEAKER pro tempore. The bill, as amended, shall be debatable for 1 hour equally divided among and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees and the chair and ranking minority member of the Committee on Ways and Means or their respective designees. The gentleman from Wisconsin (Mr. Fitzgerald) and the gentlewoman from Georgia (Mrs. McBath), the gentleman from Missouri (Mr. Smith) and the gentleman from California (Mr. Thompson) each will control 15 minutes. The Chair recognizes the gentleman from Wisconsin (Mr. Fitzgerald). General Leave Mr. FITZGERALD. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 2189. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Wisconsin? There was no objection. Mr. FITZGERALD. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong 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 the 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 if they are needed. For police departments, law enforcement officers can 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 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 no longer is classified as a firearm. It was never intended to apply to them in the first place, and 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. I thank my

Referenced legislation: HRES1057, HRES1057, S1283, HR2189, HR4242