Restrictions on Intelligence Assets in Protests Act
This bill limits when the intelligence community or federal law enforcement may conduct surveillance of protesters in the United States and requires a report on surveillance conducted in relation to protests after the death of George Floyd. (George Floyd was a Black man who died while restrained by a police officer in Minneapolis, Minnesota.)
In general, no intelligence community element may investigate or conduct surveillance of individuals in the United States involved in First Amendment-protected protest activities. However, this prohibition shall not apply to (1) an investigation by the Federal Bureau of Investigation that is not solely based on the protected protest activity; (2) a National Guard member's active service while assigned to a unit with an intelligence community element; or (3) an activity in support of the Armed Forces pursuant to the Insurrection Act, if the Office of the Director of National Intelligence (ODNI) notifies Congress no later than one year after the start of such support activities. (The Insurrection Act authorizes the President to call upon the Armed Forces during an insurrection.)
No federal law enforcement agency may support any other law enforcement agency in investigating or conducting surveillance of individuals involved in such protest activities if such support is beyond the mission, scope, or purpose of the supporting agency.
The ODNI shall report to Congress on any intelligence community asset used to support any law enforcement agency or the National Guard during the U.S. protests occurring after the death of George Floyd.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7910 Introduced in House (IH)]
<DOC>
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
Permanent 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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restrictions on Intelligence Assets
in Protests Act''.
SEC. 2. PROHIBITIONS ON USE OF CERTAIN FEDERAL ASSETS IN INVESTIGATING
OR CONDUCTING SURVEILLANCE OF PERSONS INVOLVED IN PROTEST
ACTIVITIES.
(a) Prohibition on Use of Intelligence Community for Certain
Domestic Purposes.--
(1) Prohibition.--Except as provided by paragraph (2), no
asset of the intelligence community may be used to support
Federal, State, or local law enforcement in investigating or
conducting surveillance of individuals in the United States who
are involved in protest activities that are protected under the
First Amendment to the Constitution.
(2) Exception.--The prohibition in paragraph (1) shall not
apply to any of the following activities conducted by an
element of the intelligence community:
(A) An investigation of an individual by the
Federal Bureau of Investigation that is not conducted
solely upon the basis of protest activities that are
protected by the First Amendment to the Constitution.
(B) Members of the National Guard who are--
(i) assigned to a unit that includes an
element of the intelligence community; and
(ii) performing active service.
(C) Subject to subsection (c), activities conducted
in support of the Armed Forces pursuant to chapter 13
of title 10, United States Code (commonly known as the
``Insurrection Act'').
(b) Prohibition on Use of Federal Law Enforcement Agencies Outside
Scope of Agency.--
(1) Prohibition.--Except as provided by paragraph (2), no
asset of any Federal law enforcement agency may be used to
support another Federal law enforcement agency or a State or
local law enforcement agency in investigating or conducting
surveillance of individuals in the United States who are
involved in protest activities that are protected under the
First Amendment to the Constitution if such support is beyond
the mission, scope, or purpose of such Federal law enforcement
agency.
(2) Exception.--The prohibition in paragraph (1) shall not
apply to the Federal Bureau of Investigation.
(c) Notification of Activities Under Insurrection Act.--If any
asset of the intelligence community is used to support the Armed Forces
pursuant to chapter 13 of title 10, United States Code, in
investigating or conducting surveillance of individuals in the United
States who are involved in protest activities that are protected under
the First Amendment to the Constitution, the Director of National
Intelligence shall notify Congress of the support by not later than one
year after the date on which the support is first provided. Such
notification shall include a description of the assets of the
intelligence community used to provide the support, including with
respect to elements of the intelligence community that are part of the
Department of Defense.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report detailing the use of any asset of the
intelligence community in the United States to support Federal, State,
or local law enforcement, or members of the National Guard performing
active service, to address the protests in Minneapolis, Minnesota, and
throughout the United States occurring after the death of George Floyd.
(e) Definitions.--In this section:
(1) The term ``active service'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The term ``asset of the intelligence community'' means
any employee, equipment, funds, product, or service of the
intelligence community.
(3) The term ``intelligence community'' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Intelligence (Permanent Select), 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.
Referred to the Committee on Intelligence (Permanent Select), 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.
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