Restrictions on Intelligence Assets in Protests Act

Bill: 116-hr-7910
Sponsor: full_name: Rep. Heck, Denny [D-WA-10]
Introduced: 2020-07-31
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Criminal investigation, prosecution, interrogation

Government buildings, facilities, and property

Intelligence activities, surveillance, classified information

Protest and dissent
Latest action: action_date: 2020-07-31
text: Referred to the Committee on Intelligence (Permanent Select), 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.

Summaries:
action_date: 2020-07-31
action_desc: Introduced in House
text: <p><b>Restrictions on Intelligence Assets in Protests Act</b></p> <p>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.)</p> <p>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.)</p> <p>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. </p> <p>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.</p> </p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7910 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. Short title This Act may be cited as the Restrictions on Intelligence Assets in Protests Act . 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) ).