Title: Restrictions on Intelligence Assets in Protests Act
Policy area: Armed Forces and National Security

Summary:
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)]

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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)).
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