I 
116TH CONGRESS 
2D SESSION 
H. R. 7906 
To amend title 40, United States Code, to include certain requirements 
for officers protecting Federal property, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2020 
Mr. DEFAZIO (for himself, Mr. THOMPSON of Mississippi, Mr. BLUMENAUER, 
and Ms. BONAMICI) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure 
A BILL 
To amend title 40, United States Code, to include certain 
requirements for officers protecting Federal property, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevent Federal Law 
Enforcement Abuse in the Protection of Federal Property 
Act’’. 
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SEC. 2. LAW ENFORCEMENT AUTHORITY OF SECRETARY OF 
HOMELAND SECURITY FOR PROTECTION OF 
PUBLIC PROPERTY. 
Section 1315 of title 40, United States Code, is 
amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘of the Department of 
Homeland Security, including employees trans-
ferred to the Department’’ and insert ‘‘trans-
ferred to the Department of Homeland Secu-
rity’’; and 
(B) by striking ‘‘2002,’’ and inserting 
‘‘2002’’; 
(2) in subsection (b)(2)— 
(A) by striking ‘‘While engaged in the per-
formance of official duties,’’ and inserting ‘‘To 
the extent necessary to protect the property de-
scribed in subsection (a) and persons on such 
property,’’; 
(B) in subparagraph (B) by striking ‘‘fire-
arms’’ and inserting ‘‘a firearm’’; 
(C) in subparagraph (C) by striking ‘‘if the 
officer or agent has reasonable grounds to be-
lieve that the person to be arrested has com-
mitted or is committing a felony;’’ and inserting 
the following: ‘‘if— 
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‘‘(i) the officer or agent has probable 
cause to believe that the person to be ar-
rested has committed, is committing, or is 
about to commit a felony on or related to 
property owned or occupied by the Federal 
Government; 
‘‘(ii) the arrest— 
‘‘(I) occurs on the Federal prop-
erty or an area in the immediate vi-
cinity of the property and does not ex-
tend beyond any adjacent sidewalk, 
public street, or other adjacent areas; 
‘‘(II) in the case of an agreement 
under subsection (e), occurs in an 
area in which arrests are permitted 
under the parameters established in 
such agreement; or 
‘‘(III) is carried out in an area 
not covered under subclause (I) or 
(II) only if— 
‘‘(aa) the officer or agent is 
in active pursuit of a person who 
is otherwise subject to arrest 
under this subparagraph; and 
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‘‘(bb) such person exits the 
area covered by subclause (I) or 
(II), as applicable, during such 
pursuit; and 
‘‘(iii) there are specific and articulable 
facts to support a reasonable belief that 
the person may— 
‘‘(I) escape before a warrant can 
be obtained for his or her arrest; 
‘‘(II) destroy evidence; or 
‘‘(III) continue the commission of 
a felony on or related to property 
owned or occupied by the Federal 
Government;’’; 
(D) in subparagraph (E) by striking ‘‘; 
and’’ and inserting ‘‘, except that such inves-
tigations and any associated surveillance are re-
stricted solely to offenses that may have been 
committed against property owned or occupied 
by the Federal Government; and’’; and 
(E) by striking subparagraph (F) and in-
serting the following: 
‘‘(F) carry out such other activities nec-
essary to protect the property described in sub-
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section (a) and persons on such property as the 
Secretary may prescribe.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘the Secretary may enter 
into agreements’’ and inserting ‘‘the Secretary 
shall enter into agreements, including memo-
randa of understanding,’’; and 
(B) by adding at the end the following: 
‘‘Any agreement, including memoranda of un-
derstanding, entered into under this subsection 
shall include a requirement that all officers and 
agents designated under this subsection and 
subject to such agreement wear body cameras 
while on duty.’’; 
(4) by redesignating subsections (f) and (g) as 
subsections (h) and (i), respectively; and 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) IDENTIFICATION AS FEDERAL OFFICER.—An of-
ficer or agent designated under this subsection shall, while 
engaged in the performance of official duties, display— 
‘‘(1) appropriate insignia identifying the depart-
ment or agency of the Department of Homeland Se-
curity from which such officer or agent has been 
designated; and 
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‘‘(2) the full name of the officer or agent. 
‘‘(g) LIMITATION ON ARRESTS.—With respect to any 
arrest carried out under subsection (b)(2)(C), the officer 
or agent shall— 
‘‘(1) identify himself or herself and the depart-
ment or agency in which such officer or agent is em-
ployed; 
‘‘(2) inform the individual being arrested of the 
cause for such arrest; 
‘‘(3) in the case of an arrest carried out pursu-
ant to an agreement under subsection (e), notify any 
State or local government that is party to such 
agreement of the arrest; and 
‘‘(4) document the details of the arrest and the 
cause for such arrest.’’. 
Æ 
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