Presidential Memo Expands the Definition of "Federal Law Enforcement Agencies"

    As part of the president's 23 "executive actions" on gun violence, a presidential memo was issued regarding firearms tracing in connection with criminal investigations.  The memo instructs that:

Federal law enforcement agencies shall ensure that all firearms recovered after the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF at the earliest time practicable. Federal law enforcement agencies, as well as other executive departments and agencies, are encouraged, to the extent practicable, to take steps to ensure that firearms recovered prior to the date of this memorandum in the course of criminal investigations and taken into Federal custody are traced through ATF.

    However, another provision defines which agencies are included in "Federal law enforcement agencies":

(e) For purposes of this memorandum, "Federal law enforcement agencies" means the Departments of State, the Treasury, Defense, Justice, the Interior, Agriculture, Energy, Veterans Affairs, and Homeland Security, and such other agencies and offices that regularly recover firearms in the course of their criminal investigations as the President may designate.

     This is a pretty sweeping definition compared to the Justice Department's definition:

A federal law enforcement agency is an organizational unit, or subunit, of the federal government with the principle functions of prevention, detection, and investigation of crime and the apprehension of alleged offenders.  Examples of federal law enforcement agencies include the U.S. Customs and Border Protection, Federal Bureau of Investigation (FBI), the Secret Service, and the Bureau of Alcohol, Tobacco and Firearms (ATF). 

     Since the memo also addressed "other executive departments and agencies," it is unclear what this partial deputizing of other agencies as "law enforcement" means.  Perhaps further examination of other executive actions on gun violence will make this more clear.

Presidential Memorandum: First Come, First Served? [Updated again]

    The White House just released a presidential memorandum Tuesday afternoon:

For Immediate Release January 15, 2013
Presidential Memorandum -- Delegation of Certain Functions Under Section 6 of Public Law 112-150
SUBJECT: Delegation of Certain Functions Under Section 6 of Public Law 112-150
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you all functions conferred upon the President by subsections (a) and (b) of section 6 of Public Law 112-150. You will exercise these functions in coordination with the Secretary of Defense.
You are authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA

    The odd thing is, it does not identify "you."  Is this a bearer memo?  If so, I've got dibs.

    In case you are wondering, Public Law 112-150 is the "UNITED STATES-ISRAEL ENHANCED 

SECURITY COOPERATION ACT OF 2012."  Section 6 reads as follows:

SEC. 6. REPORTS REQUIRED.
(a) REPORT ON ISRAEL’S QUALITATIVE MILITARY EDGE (QME).—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the President shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the status of Israel’s qualitative military edge
in light of current trends and instability in the region.
(2) SUBSTITUTION FOR QUADRENNIAL REPORT.—If submitted
within one year of the date that the first quadrennial report
required by section 201(c)(2) of the Naval Vessel Transfer Act
of 2008 (Public Law 110–429; 22 U.S.C. 2776 note) is due
to be submitted, the report required by paragraph (1) may
substitute for such quadrennial report.
(b) REPORTS ON OTHER MATTERS.—Not later than 180 days
after the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a report on
each of the following matters:
President.
22 USC 8604.
VerDate Mar 15 2010 01:20 Aug 11, 2012 Jkt 019139 PO 00150 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL150.112 GPO1 PsN: PUBL150
anorris on DSK9Q6SHH1PROD with PUBLIC LAWSPUBLIC LAW 112–150—JULY 27, 2012  126 STAT. 1149
LEGISLATIVE HISTORY—S. 2165 (H.R. 4133):
SENATE REPORTS: No. 112–179 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 158 (2012):
June 29, considered and passed Senate.
July 17, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2012):
July 27, Presidential remarks.
Æ
(1) Taking into account the Government of Israel’s urgent
requirement for F–35 aircraft, actions to improve the process
relating to its purchase of F–35 aircraft, particularly with
respect to cost efficiency and timely delivery.
(2) Efforts to expand cooperation between the United States
and Israel in homeland security, counter-terrorism, maritime
security, energy, cyber-security, and other related areas.
(3) Actions to integrate Israel into the defense of the
Eastern Mediterranean. 

    I'll update this post if "you" steps forward.

UPDATE:  Based on this previous similar presidential memo, "you"might be the Secretary of State.  But for now, it's still up for grabs.

UPDATE: It took a day, but the White House has now added "MEMORANDUM FOR THE SECRETARY OF STATE" to the memo. But just for the record, a screenshot of the original: