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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restrictions on Intel5 ligence Assets in Protests Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7910 IH

1 SEC. 2. PROHIBITIONS ON USE OF CERTAIN FEDERAL AS2 SETS IN INVESTIGATING OR CONDUCTING 

3 SURVEILLANCE OF PERSONS INVOLVED IN 

4 PROTEST ACTIVITIES. 

5 (a) PROHIBITION ON USE OF INTELLIGENCE COM6 MUNITY FOR CERTAIN DOMESTIC PURPOSES.— 

7 (1) PROHIBITION.—Except as provided by 

8 paragraph (2), no asset of the intelligence commu9 nity may be used to support Federal, State, or local 

10 law enforcement in investigating or conducting sur11 veillance of individuals in the United States who are 

12 involved in protest activities that are protected 

13 under the First Amendment to the Constitution. 

14 (2) EXCEPTION.—The prohibition in paragraph 

15 (1) shall not apply to any of the following activities 

16 conducted by an element of the intelligence commu17 nity: 

18 (A) An investigation of an individual by 

19 the Federal Bureau of Investigation that is not 

20 conducted solely upon the basis of protest ac21 tivities that are protected by the First Amend22 ment to the Constitution. 

23 (B) Members of the National Guard who 

24 are— 

25 (i) assigned to a unit that includes an 

26 element of the intelligence community; and 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 7910 IH

1 (ii) performing active service. 

2 (C) Subject to subsection (c), activities 

3 conducted in support of the Armed Forces pur4 suant to chapter 13 of title 10, United States 

5 Code (commonly known as the ‘‘Insurrection 

6 Act’’). 

7 (b) PROHIBITION ON USE OF FEDERAL LAW EN8 FORCEMENT AGENCIES OUTSIDE SCOPE OF AGENCY.— 

9 (1) PROHIBITION.—Except as provided by 

10 paragraph (2), no asset of any Federal law enforce11 ment agency may be used to support another Fed12 eral law enforcement agency or a State or local law 

13 enforcement agency in investigating or conducting 

14 surveillance of individuals in the United States who 

15 are involved in protest activities that are protected 

16 under the First Amendment to the Constitution if 

17 such support is beyond the mission, scope, or pur18 pose of such Federal law enforcement agency. 

19 (2) EXCEPTION.—The prohibition in paragraph 

20 (1) shall not apply to the Federal Bureau of Inves21 tigation. 

22 (c) NOTIFICATION OF ACTIVITIES UNDER INSURREC23 TION ACT.—If any asset of the intelligence community is 

24 used to support the Armed Forces pursuant to chapter 

25 13 of title 10, United States Code, in investigating or conVerDate 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

1 ducting surveillance of individuals in the United States 

2 who are involved in protest activities that are protected 

3 under the First Amendment to the Constitution, the Di4 rector of National Intelligence shall notify Congress of the 

5 support by not later than one year after the date on which 

6 the support is first provided. Such notification shall in7 clude a description of the assets of the intelligence commu8 nity used to provide the support, including with respect 

9 to elements of the intelligence community that are part 

10 of the Department of Defense. 

11 (d) REPORT.—Not later than one year after the date 

12 of the enactment of this Act, the Director of National In13 telligence shall submit to Congress a report detailing the 

14 use of any asset of the intelligence community in the 

15 United States to support Federal, State, or local law en16 forcement, or members of the National Guard performing 

17 active service, to address the protests in Minneapolis, Min18 nesota, and throughout the United States occurring after 

19 the death of George Floyd. 

20 (e) DEFINITIONS.—In this section: 

21 (1) The term ‘‘active service’’ has the meaning 

22 given that term in section 101 of title 10, United 

23 States Code. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 7910 IH

1 (2) The term ‘‘asset of the intelligence commu2 nity’’ means any employee, equipment, funds, prod3 uct, or service of the intelligence community. 

4 (3) The term ‘‘intelligence community’’ has the 

5 meaning given that term in section 3(4) of the Na6 tional Security Act of 1947 (50 U.S.C. 3003(4)). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS