Preventing Authoritarian Policing Tactics on America’s Streets Act

I 116TH CONGRESS 2D SESSION H. R. 7719 To limit the use of Federal law enforcement officers for crowd control, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 22, 2020 Mr. BLUMENAUER (for himself, Ms. BONAMICI, Mrs. CAROLYN B. MALONEY of New York, Ms. NORTON, Mr. BEYER, Mr. CASTRO of Texas, Mr. CICILLINE, Mr. COOPER, Mr. CORREA, Mr. DEFAZIO, Mr. DEUTCH, Mr. ESPAILLAT, Mr. GARCI´A of Illinois, Mr. GOMEZ, Ms. HAALAND, Mr. HUFFMAN, Mr. KENNEDY, Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of California, Mr. TED LIEU of California, Ms. MATSUI, Mr. MCGOVERN, Ms. MOORE, Ms. PINGREE, Mr. RASKIN, Ms. BLUNT ROCH- ESTER, Ms. SCHAKOWSKY, Mr. THOMPSON of California, Mr. TONKO, Ms. VELA´ZQUEZ, Mrs. WATSON COLEMAN, Mr. BRENDAN F. BOYLE of Penn- sylvania, Ms. LOFGREN, Mr. CARSON of Indiana, Ms. JUDY CHU of Cali- fornia, Mr. COHEN, Mr. PAYNE, and Ms. OMAR) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To limit the use of Federal law enforcement officers for crowd control, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7719 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Preventing Authori- 2 tarian Policing Tactics on America’s Streets Act’’. 3 SEC. 2. LIMITATION ON USE OF FEDERAL LAW ENFORCE- 4 MENT OFFICERS FOR CROWD CONTROL. 5 (a) DEFINITIONS.—In this section— 6 (1) the term ‘‘Federal law enforcement officer’’ 7 means— 8 (A) an employee or officer in a position in 9 the executive, legislative, or judicial branch of 10 the Federal Government who is authorized by 11 law to engage in or supervise a law enforcement 12 function; or 13 (B) an employee or officer of a contractor 14 or subcontractor (at any tier) of an agency in 15 the executive, legislative, or judicial branch of 16 the Federal Government who is authorized by 17 law or under the contract with the agency to 18 engage in or supervise a law enforcement func- 19 tion; 20 (2) the term ‘‘law enforcement function’’ means 21 the prevention, detection, or investigation of, or the 22 prosecution or incarceration of any person for, any 23 violation of law; and 24 (3) the term ‘‘member of an armed force’’ 25 means a member of any of the armed forces, as de- 26 VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7719 IH fined in section 101(a)(4) of title 10, United States 1 Code, or a member of the National Guard, as de- 2 fined in section 101(3) of title 32, United States 3 Code. 4 (b) REQUIRED IDENTIFICATION.— 5 (1) IN GENERAL.—Each Federal law enforce- 6 ment officer or member of an armed force who is en- 7 gaged in any form of crowd control, riot control, or 8 arrest or detainment of individuals engaged in an 9 act of civil disobedience, demonstration, protest, or 10 riot in the United States shall at all times display 11 identifying information in a clearly visible fashion, 12 which shall include the Federal agency and the last 13 name or unique identifier of the Federal law enforce- 14 ment officer or for a member of an armed force, the 15 last name or unique identifier and rank of the mem- 16 ber. 17 (2) SPECIFIC PROHIBITIONS.— 18 (A) COVERING OF IDENTIFYING INFORMA- 19 TION.—A Federal law enforcement officer or 20 member of an armed force may not tape over 21 or otherwise obscure or conceal the identifying 22 information required under paragraph (1) while 23 the officer or member is engaged in any form 24 VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7719 IH of law enforcement activity described in para- 1 graph (1). 2 (B) USE OF UNMARKED VEHICLES.—A 3 Federal law enforcement officer or member of 4 an armed force may not use an unmarked vehi- 5 cle for the apprehension, detention, or arrest of 6 civilians while the officer or member is engaged 7 in any form of law enforcement activity de- 8 scribed in paragraph (1). 9 (c) LIMITATION ON CROWD CONTROL AUTHORITY.— 10 (1) IN GENERAL.—Except as provided in para- 11 graph (2), a Federal law enforcement officer or 12 member of an armed force may only be authorized 13 to perform any form of crowd control, riot control, 14 or arrest or detainment of individuals engaged in an 15 act of civil disobedience, demonstration, protest, or 16 riot on Federal property or in the immediate vicinity 17 thereof, which shall include the sidewalk and the 18 public street immediately adjacent to any Federal 19 building or property. 20 (2) EXCEPTIONS.— 21 (A) STATE AND LOCAL REQUEST FOR AS- 22 SISTANCE.—Paragraph (1) shall not apply to a 23 Federal law enforcement officer or member of 24 an armed force if the Governor of a State and 25 VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7719 IH the head of a unit of local government jointly 1 request, in writing, Federal law enforcement 2 support. 3 (B) INSURRECTION ACT.—If chapter 13 of 4 title 10, United States Code (commonly known 5 as the ‘‘Insurrection Act of 1807’’) is invoked, 6 paragraph (1) shall not apply. 7 (d) LIMITATION ON ARREST AUTHORITY.—It shall be 8 unlawful for a Federal law enforcement officer or member 9 of an armed force to arrest an individual in the United 10 States if the Federal law enforcement officer or member 11 of an armed force is conducting a law enforcement func- 12 tion in violation of subsection (b) or (c). 13 (e) NOTICE TO THE PUBLIC.—Not later than 24 14 hours after deployment of a Federal law enforcement offi- 15 cer or member of an armed force in response to any crowd 16 control incident, riot, or public disturbance, the Federal 17 agency or armed force responsible for such deployment 18 shall publish prominent public notice on that public-facing 19 website of the agency or armed force that includes the fol- 20 lowing information: 21 (1) The date of deployment of personnel for 22 crowd control purposes. 23 (2) The number of Federal law enforcement of- 24 ficers of the agency or members of the armed force 25 VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 7719 IH in each city, town, or locality functioning in a law 1 enforcement capacity. 2 (3) A description of the specific nature of the 3 mission. 4 (4) The location of any civilians being detained 5 by the Federal law enforcement officers or members 6 of the armed force deployed, and under whose cus- 7 tody the civilians are being held. 8 (5) A copy of a written request for assistance 9 described in subsection (c)(2)(A), if such request 10 was made. 11 Æ VerDate Sep 11 2014 23:22 Aug 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7719.IH H7719 pbinns on DSKJLVW7X2PROD with BILLS