Restrictions on Intelligence Assets in Protests Act

I 116TH CONGRESS 2D SESSION H. R. 7910 To prohibit the use of the intelligence community to investigate or conduct surveillance on individuals in the United States who are involved in protest activities protected under the First Amendment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 31, 2020 Mr. HECK (for himself, Mr. BLUMENAUER, Mr. CARSON of Indiana, and Ms. NORTON) introduced the following bill; which was referred to the Perma- nent Select Committee on Intelligence, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use of the intelligence community to inves- tigate or conduct surveillance on individuals in the United States who are involved in protest activities pro- tected under the First Amendment, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restrictions on Intel- 4 ligence Assets in Protests Act’’. 5 VerDate Sep 11 2014 01:30 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7910.IH H7910 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7910 IH SEC. 2. PROHIBITIONS ON USE OF CERTAIN FEDERAL AS- 1 SETS IN INVESTIGATING OR CONDUCTING 2 SURVEILLANCE OF PERSONS INVOLVED IN 3 PROTEST ACTIVITIES. 4 (a) PROHIBITION ON USE OF INTELLIGENCE COM- 5 MUNITY FOR CERTAIN DOMESTIC PURPOSES.— 6 (1) PROHIBITION.—Except as provided by 7 paragraph (2), no asset of the intelligence commu- 8 nity may be used to support Federal, State, or local 9 law enforcement in investigating or conducting sur- 10 veillance of individuals in the United States who are 11 involved in protest activities that are protected 12 under the First Amendment to the Constitution. 13 (2) EXCEPTION.—The prohibition in paragraph 14 (1) shall not apply to any of the following activities 15 conducted by an element of the intelligence commu- 16 nity: 17 (A) An investigation of an individual by 18 the Federal Bureau of Investigation that is not 19 conducted solely upon the basis of protest ac- 20 tivities that are protected by the First Amend- 21 ment to the Constitution. 22 (B) Members of the National Guard who 23 are— 24 (i) assigned to a unit that includes an 25 element of the intelligence community; and 26 VerDate Sep 11 2014 01:30 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7910.IH H7910 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7910 IH (ii) performing active service. 1 (C) Subject to subsection (c), activities 2 conducted in support of the Armed Forces pur- 3 suant to chapter 13 of title 10, United States 4 Code (commonly known as the ‘‘Insurrection 5 Act’’). 6 (b) PROHIBITION ON USE OF FEDERAL LAW EN- 7 FORCEMENT AGENCIES OUTSIDE SCOPE OF AGENCY.— 8 (1) PROHIBITION.—Except as provided by 9 paragraph (2), no asset of any Federal law enforce- 10 ment agency may be used to support another Fed- 11 eral law enforcement agency or a State or local law 12 enforcement agency in investigating or conducting 13 surveillance of individuals in the United States who 14 are involved in protest activities that are protected 15 under the First Amendment to the Constitution if 16 such support is beyond the mission, scope, or pur- 17 pose of such Federal law enforcement agency. 18 (2) EXCEPTION.—The prohibition in paragraph 19 (1) shall not apply to the Federal Bureau of Inves- 20 tigation. 21 (c) NOTIFICATION OF ACTIVITIES UNDER INSURREC- 22 TION ACT.—If any asset of the intelligence community is 23 used to support the Armed Forces pursuant to chapter 24 13 of title 10, United States Code, in investigating or con- 25 VerDate Sep 11 2014 01:30 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7910.IH H7910 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7910 IH ducting surveillance of individuals in the United States 1 who are involved in protest activities that are protected 2 under the First Amendment to the Constitution, the Di- 3 rector of National Intelligence shall notify Congress of the 4 support by not later than one year after the date on which 5 the support is first provided. Such notification shall in- 6 clude a description of the assets of the intelligence commu- 7 nity used to provide the support, including with respect 8 to elements of the intelligence community that are part 9 of the Department of Defense. 10 (d) REPORT.—Not later than one year after the date 11 of the enactment of this Act, the Director of National In- 12 telligence shall submit to Congress a report detailing the 13 use of any asset of the intelligence community in the 14 United States to support Federal, State, or local law en- 15 forcement, or members of the National Guard performing 16 active service, to address the protests in Minneapolis, Min- 17 nesota, and throughout the United States occurring after 18 the death of George Floyd. 19 (e) DEFINITIONS.—In this section: 20 (1) The term ‘‘active service’’ has the meaning 21 given that term in section 101 of title 10, United 22 States Code. 23 VerDate Sep 11 2014 01:30 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7910.IH H7910 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7910 IH (2) The term ‘‘asset of the intelligence commu- 1 nity’’ means any employee, equipment, funds, prod- 2 uct, or service of the intelligence community. 3 (3) The term ‘‘intelligence community’’ has the 4 meaning given that term in section 3(4) of the Na- 5 tional Security Act of 1947 (50 U.S.C. 3003(4)). 6 Æ VerDate Sep 11 2014 01:30 Aug 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7910.IH H7910 pamtmann on DSKBC07HB2PROD with BILLS