Title: Prevent Federal Law Enforcement Abuse in the Protection of Federal Property Act
Policy area: Government Operations and Politics

Summary:
Prevent Federal Law Enforcement Abuse in the Protection of Federal Property Act
This bill establishes and modifies several requirements for officers and agents of the Department of Homeland Security (DHS) who are designated to protect federal property.
In particular, the bill adds specificity to the circumstances under which DHS officers and agents may place individuals under arrest for a felony (without a warrant) in and around federal property. Among other requirements, an arrest must be based on probable cause and must occur on the federal property itself, in the immediate vicinity, or in an area that is covered by an agreement between DHS and another agency or state or local government; arrests may be made in other areas if part of an active pursuit.
DHS officers and agents must also (1) display appropriate insignia and their full name while on duty, (2) identify themselves while making an arrest, and (3) inform the individual being arrested as to the cause of the arrest.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7906 Introduced in House (IH)]

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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 Representatives 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''.

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 transferred to the 
                Department'' and insert ``transferred to the Department 
                of Homeland Security''; and
                    (B) by striking ``2002,'' and inserting ``2002'';
            (2) in subsection (b)(2)--
                    (A) by striking ``While engaged in the performance 
                of official duties,'' and inserting ``To the extent 
                necessary to protect the property described in 
                subsection (a) and persons on such property,'';
                    (B) in subparagraph (B) by striking ``firearms'' 
                and inserting ``a firearm'';
                    (C) in subparagraph (C) by striking ``if the 
                officer or agent has reasonable grounds to believe that 
                the person to be arrested has committed or is 
                committing a felony;'' and inserting the following: 
                ``if--
                            ``(i) the officer or agent has probable 
                        cause to believe that the person to be arrested 
                        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 
                                property or an area in the immediate 
                                vicinity of the property and does not 
                                extend 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
                                            ``(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 investigations and any 
                associated surveillance are restricted 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 inserting the 
                following:
                    ``(F) carry out such other activities necessary to 
                protect the property described in subsection (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 memoranda of 
                understanding,''; and
                    (B) by adding at the end the following: ``Any 
                agreement, including memoranda of understanding, 
                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 following:
    ``(f) Identification as Federal Officer.--An officer or agent 
designated under this subsection shall, while engaged in the 
performance of official duties, display--
            ``(1) appropriate insignia identifying the department or 
        agency of the Department of Homeland Security from which such 
        officer or agent has been designated; and
            ``(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 department or 
        agency in which such officer or agent is employed;
            ``(2) inform the individual being arrested of the cause for 
        such arrest;
            ``(3) in the case of an arrest carried out pursuant 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.''.
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