I 

116TH CONGRESS 

2D SESSION H. R. 7786 

To provide civil liability for injuries in law enforcement free zones, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2020 

Mr. ROY (for himself and Mr. BUDD) introduced the following bill; which was 

referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, 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 provide civil liability for injuries in law enforcement free 

zones, 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 ‘‘Restitution for Eco5 nomic losses Caused by Leaders who Allow Insurrection 

6 and Mayhem Act’’ or the ‘‘RECLAIM Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Law enforcement officers are vital to the 

2 protection and safety of communities. 

3 (2) Elected officials and other senior officials 

4 abuse the public’s trust and endanger their citizens 

5 when they refuse to provide law enforcement services 

6 to protect life and property. 

7 (3) The right to life, liberty, and property are 

8 ensured by the Constitution of the United States, 

9 and the protection of these rights is the duty of the 

10 Federal, State, and local governments. 

11 (4) Many local governments have refused to 

12 protect the fundamental rights described in para13 graph (3) by voluntarily standing down law enforce14 ment officers and allowing roving mobs to destroy 

15 property and individual livelihoods, including in— 

16 (A) Minneapolis, Minnesota, where unrest 

17 and violence destroyed hundreds of buildings 

18 and further eroded trust in local law enforce19 ment officers to devastating effect; and 

20 (B) Portland, Oregon, where a mob set fire 

21 to the Multnomah County Justice Center, 

22 looted numerous businesses in the downtown 

23 area, injured two police officers, and physically 

24 assaulted multiple peaceful protestors and other 

25 individuals. 


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1 (5) Other local governments have gone further 

2 still by recognizing autonomous zones in which law 

3 enforcement officers are not allowed to operate, in4 cluding in Seattle, Washington, where the decision of 

5 the Mayor of Seattle to withdraw law enforcement 

6 officers from multiple blocks of the City of Seattle 

7 to create a police free ‘‘autonomous zone’’ led to sig8 nificant destruction of property, 4 shootings, and the 

9 murder of 2 young Americans in the zone. 

10 (6) Elected officials or other senior officials in 

11 the State and local governments who refuse to pro12 tect life and property from the ravages of a riot or 

13 mob behavior make their communities less safe by 

14 inviting more crime and violence, and act with willful 

15 disregard for the safety, comfort, and livelihoods of 

16 the individuals who they refuse to protect. 

17 (7) State and local governments that publicly 

18 announce the withdrawal of law enforcement protec19 tion from individuals or geographical areas so as to 

20 encourage and endorse the political and social view21 points of protestors or rioters erode the public’s 

22 trust and fail to provide equal protection of the law. 


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1 SEC. 3. CIVIL ACTIONS FOR INJURIES IN LAW ENFORCE2 MENT FREE ZONES. 

3 Section 1979 of the Revised Statutes (42 U.S.C. 

4 1983) is amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘Every person’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(b)(1) In this subsection— 

9 ‘‘(A) the term ‘law enforcement free zone’— 

10 ‘‘(i) means a geographical area or struc11 ture that law enforcement officers are lawfully 

12 entitled to access but are instructed, demanded, 

13 or forced— 

14 ‘‘(I) not to access; or 

15 ‘‘(II) to access only in exceptional cir16 cumstances; and 

17 ‘‘(ii) does not include a geographical area 

18 or structure from which law enforcement offi19 cers are briefly withheld as a tactical decision 

20 intended to resolve safely and expeditiously a 

21 specific and ongoing unlawful incident posing 

22 an imminent threat to the safety of individuals 

23 or law enforcement officers; and 

24 ‘‘(B) the term ‘riot’ has the meaning given the 

25 term in section 2102 of title 18, United States Code. 


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1 ‘‘(2) A person with the lawful authority to direct a 

2 law enforcement agency shall be subject to treble damages 

3 for a violation of subsection (a) if the violation relates to 

4 the person’s use of such authority to— 

5 ‘‘(A) establish or recognize, whether formally or 

6 informally, a law enforcement free zone; or 

7 ‘‘(B) prohibit law enforcement officers from 

8 taking law enforcement action related to a riot for 

9 any reason other than to prevent imminent harm to 

10 the safety of law enforcement officers.’’. 

11 SEC. 4. LIABILITY FOR LAW-ENFORCEMENT FREE ZONES 

12 AND STANDING DOWN DURING RIOTING. 

13 (a) DEFINITIONS.—In this section: 

14 (1) LAW ENFORCEMENT FREE ZONE.—The 

15 term ‘‘law enforcement free zone’’ has the meaning 

16 given the term in subsection (b) of section 1979 of 

17 the Revised Statutes (42 U.S.C. 1983), as added by 

18 section 3 of this Act. 

19 (2) RIOT.—The term ‘‘riot’’ has the meaning 

20 given the term in section 2102 of title 18, United 

21 States Code. 

22 (b) LIABILITY FOR LAW ENFORCEMENT FREE

23 ZONES.— 

24 (1) IN GENERAL.—A person with the lawful au25 thority to direct a law enforcement agency shall be 


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1 liable to any person who suffers severe physical in2 jury or death as the result of a third-party’s crimi3 nal conduct or whose property is substantially dam4 aged or destroyed as the result of a third-party’s 

5 criminal conduct if— 

6 (A) the person directed the law enforce7 ment agency to establish or recognize, whether 

8 formally or informally, a law enforcement free 

9 zone; 

10 (B) the criminal conduct and associated 

11 harm was foreseeable and occurred in the law 

12 enforcement free zone; 

13 (C) the law enforcement free zone created 

14 an opportunity that otherwise would not have 

15 existed for the third party’s crime to occur; and 

16 (D) the criminal conduct affected inter17 state commerce as described in paragraph (2). 

18 (2) AFFECTING INTERSTATE COMMERCE.—For 

19 purposes of paragraph (1), criminal conduct shall be 

20 considered to have affected interstate commerce if— 

21 (A) the person injured by the criminal con22 duct traveled in interstate or foreign commerce 

23 with the intent to enter the law enforcement 

24 free zone; 


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1 (B) the criminal conduct is a violation of 

2 a Federal criminal law; 

3 (C) the person who committed the criminal 

4 conduct traveled in interstate or foreign com5 merce, or used any facility of interstate or for6 eign commerce, with intent to commit the 

7 crime; or 

8 (D) the property damaged or destroyed by 

9 the criminal conduct is used in or affecting 

10 interstate or foreign commerce. 

11 (c) LIABILITY FOR STANDING DOWN DURING

12 RIOTS.—A person with the lawful authority to direct a 

13 law enforcement agency who uses that authority to pro14 hibit law enforcement officers from taking law enforce15 ment action that would prevent or materially mitigate sig16 nificant physical injury or death or damage or destruction 

17 of property caused by or related to a riot for any reason 

18 other than to prevent imminent harm to the safety of law 

19 enforcement officers shall be liable to any person who sub20 sequently suffers significant physical injury or death or 

21 whose property is subsequently destroyed or damaged as 

22 the result of a third-party’s criminal conduct, if— 

23 (1) the person injured traveled in interstate or 

24 foreign commerce with the intent to enter the law 

25 enforcement free zone; 


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1 (2) the injury was caused by an act that is a 

2 violation of a Federal criminal law; 

3 (3) the person who caused the injury traveled 

4 in interstate or foreign commerce, or used any facil5 ity of interstate or foreign commerce, with intent to 

6 commit the criminal conduct; or 

7 (4) the property damaged or destroyed is used 

8 in or affecting interstate or foreign commerce. 

9 SEC. 5. ELIGIBILITY FOR LAW ENFORCEMENT GRANTS AND 

10 EMERGENCY AND DISASTER FUNDING. 

11 (a) BYRNE GRANT PROGRAM.—Section 501 of title 

12 I of the Omnibus Crime Control and Safe Streets Act of 

13 1968 (34 U.S.C. 10152) is amended by adding at the end 

14 the following: 

15 ‘‘(h) PROTECTION OF INDIVIDUALS AND PROP16 ERTY.— 

17 ‘‘(1) DEFINITIONS.—In this subsection— 

18 ‘‘(A) the term ‘law enforcement free zone’ 

19 has the meaning given the term in section 

20 1979(b) of the Revised Statutes (42 U.S.C. 

21 1983(b)); and 

22 ‘‘(B) the term ‘riot’ has the meaning given 

23 the term in section 2102 of title 18, United 

24 States Code. 


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1 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS

2 AND PROPERTY.—Beginning in the first fiscal year 

3 after the date of enactment of the RECLAIM Act, 

4 a State or unit of local government that receives a 

5 grant under this part shall take all reasonable steps 

6 to protect individuals from physical injury and prop7 erty from depredation caused by unlawful acts with8 in the jurisdiction of the State or unit of local gov9 ernment, as the case may be. 

10 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 

11 purposes of paragraph (2), a State or unit of local 

12 government shall be considered to have failed to take 

13 all reasonable steps to protect individuals from phys14 ical injury and property from depredation only if— 

15 ‘‘(A) a senior official, governing body, or 

16 policy from the State or unit of local govern17 ment prohibits, or prohibited during the rel18 evant fiscal year, law enforcement officers from 

19 taking law enforcement action that would pre20 vent or materially mitigate physical injury or 

21 property depredation caused by or related to a 

22 riot for any reason other than to prevent immi23 nent harm to the safety of law enforcement offi24 cers; 


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1 ‘‘(B) a senior official, governing body, or 

2 policy from the State or unit of local govern3 ment established or recognized during the rel4 evant fiscal year, whether formally or infor5 mally, a law enforcement free zone for any rea6 son other than to prevent imminent harm to the 

7 safety of law enforcement officers; 

8 ‘‘(C) the State or unit of local government 

9 has a custom or policy not to prosecute an indi10 vidual who engages in unlawful activity as part 

11 of a riot; or 

12 ‘‘(D) the State or unit of local government 

13 declines to prosecute an individual who engages 

14 in unlawful activity as part of a riot because 

15 the unlawful activity is related to or associated 

16 with expression of speech protected by the First 

17 Amendment to the Constitution of the United 

18 States. 

19 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 

20 Attorney General determines that a State or unit of 

21 local government has failed to comply with this sub22 section, the Attorney General may reduce the 

23 amount of the award for the State or unit of local 

24 government under this part for the fiscal year fol25 lowing the determination by, the greater of— 


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1 ‘‘(A) 25 percent; or 

2 ‘‘(B) an amount equal to twice the mone3 tary value of the property damaged and the 

4 personal injury caused by the failure of the 

5 State or unit of local government to take rea6 sonable steps to protect against the damage and 

7 injury.’’. 

8 (b) COPS GRANT PROGRAM.—Section 1701 of title 

9 I of the Omnibus Crime Control and Safe Streets Act of 

10 1968 (34 U.S.C. 10381) is amended by adding at the end 

11 the following: 

12 ‘‘(n) PROTECTION OF INDIVIDUALS AND PROP13 ERTY.— 

14 ‘‘(1) DEFINITIONS.—In this subsection— 

15 ‘‘(A) the term ‘law enforcement free zone’ 

16 has the meaning given the term in section 

17 1979(b) of the Revised Statutes (42 U.S.C. 

18 1983(b)); and 

19 ‘‘(B) the term ‘riot’ has the meaning given 

20 the term in section 2102 of title 18, United 

21 States Code. 

22 ‘‘(2) REQUIRED PROTECTION OF INDIVIDUALS

23 AND PROPERTY.—Beginning in the first fiscal year 

24 after the date of enactment of the RECLAIM Act, 

25 a State or unit of local government that receives a 


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1 grant under this section shall take all reasonable 

2 steps to protect individuals from physical injury and 

3 property from depredation caused by unlawful acts 

4 within the jurisdiction of the State or unit of local 

5 government, as the case may be. 

6 ‘‘(3) FAILURE TO PROTECT DESCRIBED.—For 

7 purposes of paragraph (2), a State or unit of local 

8 government shall be considered to have failed to take 

9 all reasonable steps to protect individuals from phys10 ical injury and property from depredation only if— 

11 ‘‘(A) a senior official, governing body, or 

12 policy from the State or unit of local govern13 ment prohibits, or prohibited during the rel14 evant fiscal year, law enforcement officers from 

15 taking law enforcement action that would pre16 vent or materially mitigate physical injury or 

17 property depredation caused by or related to a 

18 riot for any reason other than to prevent immi19 nent harm to the safety of law enforcement offi20 cers; 

21 ‘‘(B) a senior official, governing body, or 

22 policy from the State or unit of local govern23 ment established or recognized during the rel24 evant fiscal year, whether formally or infor25 mally, a law enforcement free zone for any reaVerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786

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1 son other than to prevent imminent harm to the 

2 safety of law enforcement officers; 

3 ‘‘(C) the State or unit of local government 

4 has a custom or policy not to prosecute an indi5 vidual who engages in unlawful activity as part 

6 of a riot; or 

7 ‘‘(D) the State or unit of local government 

8 declines to prosecute an individual who engages 

9 in unlawful activity as part of a riot because 

10 the unlawful activity is related to or associated 

11 with expression of speech protected by the First 

12 Amendment to the Constitution of the United 

13 States. 

14 ‘‘(4) PENALTY FOR NONCOMPLIANCE.—If the 

15 Attorney General determines that a State or unit of 

16 local government has failed to comply with this sub17 section, the Attorney General may reduce the 

18 amount of the award for the State or unit of local 

19 government under this section for the fiscal year fol20 lowing the determination by, the greater of— 

21 ‘‘(A) 25 percent; or 

22 ‘‘(B) an amount equal to twice the mone23 tary value of the property damaged and the 

24 personal injury caused by the failure of the 

25 State or unit of local government to take reaVerDate Sep 11 2014 18:40 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H7786.IH H7786

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1 sonable steps to protect against the damage and 

2 injury.’’. 

3 (c) EMERGENCY ASSISTANCE.—Title VII of the Rob4 ert T. Stafford Disaster Relief and Emergency Assistance 

5 Act (42 U.S.C. 5201 et seq.) is amended by adding at 

6 the end the following: 

7 ‘‘SEC. 707. LIMITATION ON FUNDING ELIGIBILITY. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘law enforcement free zone’ has 

10 the meaning given the term in section 1979(b) of 

11 the Revised Statutes (42 U.S.C. 1983(b)); and 

12 ‘‘(2) the term ‘riot’ has the meaning given the 

13 term in section 2102 of title 18, United States Code. 

14 ‘‘(b) REQUIRED PROTECTION OF INDIVIDUALS AND

15 PROPERTY.—A State or unit of local government shall not 

16 be eligible for any major disaster assistance under title 

17 IV or emergency assistance under title V under a major 

18 disaster or emergency declaration, respectively, relating to 

19 a riot or other civil unrest within the jurisdiction unless 

20 the State or unit of local government takes all reasonable 

21 steps to protect individuals from physical injury and prop22 erty from depredation caused by unlawful acts occurring 

23 as part of the riot or unrest within the jurisdiction of the 

24 State or unit of local government, as the case may be. 


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1 ‘‘(c) FAILURE TO PROTECT DESCRIBED.—For pur2 poses of subsection (b), a State or unit of local government 

3 shall be considered to have failed to take all reasonable 

4 steps to protect individuals from physical injury and prop5 erty from depredation only if— 

6 ‘‘(1) a senior official, governing body, or policy 

7 from the State or unit of local government prohibits 

8 law enforcement officers from taking law enforce9 ment action that would prevent or materially miti10 gate physical injury or property depredation caused 

11 by or related to a riot for any reason other than to 

12 prevent imminent harm to the safety of law enforce13 ment officers; 

14 ‘‘(2) a senior official, governing body, or policy 

15 from the State or unit of local government estab16 lished or recognized, whether formally or informally, 

17 a law enforcement free zone for any reason other 

18 than to prevent imminent harm to the safety of law 

19 enforcement officers; 

20 ‘‘(3) the State or unit of local government has 

21 a custom or policy not to prosecute an individual 

22 who engages in unlawful activity as part of a riot; 

23 or 

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1 lawful activity as part of a riot because the unlawful 

2 activity is related to or associated with expression of 

3 speech protected by the First Amendment to the 

4 Constitution of the United States. 

5 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to limit the eligibility of an indi7 vidual or private entity to receive major disaster assistance 

8 under title IV or emergency assistance under title V.’’. 

Æ 


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