[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7742 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7742

 To require the Attorney General to report on potential violations of 
  Bill of Rights during the COVID-19 pandemic, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2020

    Mr. Davidson of Ohio (for himself and Mr. Budd) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to report on potential violations of 
  Bill of Rights during the COVID-19 pandemic, 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 ``Defending Freedom Act of 2020''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The United States of America was founded to secure 
        individual liberties and its powers are derived from the 
        consent of the governed.
            (2) In the reaction to the COVID-19 outbreak, many 
        government officials have used the state of emergency to 
        unjustly, and often undemocratically, limit the liberty of 
        their citizens.
            (3) Article IV section 4 of the United States Constitution 
        guarantees the American people a republican form of government 
        and the prolonged use of executive decrees without legislative 
        authorization will constitute a breach of that guarantee.
            (4) The due process clause of the Fourteenth Amendment 
        prohibits any State from violating the Bill of Rights.
            (5) The First Amendment establishes protections for the 
        free exercise of religion, the right to assemble, and freedom 
        of speech.
            (6) Numerous local governments around the country have 
        restricted the free exercise of religion by mandating closures 
        of church buildings and drive-in church services.
            (7) Certain government officials have restricted the right 
        of individuals to assemble in public places and government 
        buildings.
            (8) On April 6, in the Commonwealth of Puerto Rico, 
        Governor Wanda Vazquez signed an Executive order making it 
        illegal for media outlets or social media accounts ``to 
        transmit or allow the transmission'' of ``false information'' 
        relating to government proclamations or Executive orders 
        concerning COVID-19 or other disasters.
            (9) The Second Amendment establishes that the right of the 
        people to keep and bear arms, shall not be infringed.
            (10) States demanded the closure of federally licensed 
        firearms dealers, stripping citizens of Second Amendment rights 
        without due process.
            (11) Local governments are considering accessing Bluetooth 
        and GPS cellular device data, which compromises the American 
        right to privacy and the sanctity of our homes. This is 
        possible because all bank accounts, new vehicles, and FCC 
        regulated devices have embedded government surveillance. The 
        government is ever-present, in violation of the Third 
        Amendment.
            (12) The Fourth Amendment guarantees the right of the 
        people to be secure in their persons, houses, papers, and 
        effects, against unreasonable searches and seizures.
            (13) Numerous State governors have issued orders to stop 
        and search vehicles based on an American's State of residence, 
        rather than the probable cause standard required by the Fourth 
        Amendment.
            (14) Private-sector telecommunications companies have the 
        capability to track the location of American citizens and share 
        that information with government officials without a warrant 
        issued upon probable cause of a crime.
            (15) The Fifth Amendment ensures that Americans will not be 
        deprived of life, liberty, or property, without due process of 
        law.
            (16) Forty-two states have issued stay-at-home orders or 
        lockdowns which have deprived Americans of their economic 
        liberty without due process.
            (17) Forcibly shutting down businesses denies business 
        owners the economically viable use of their property and 
        therefore constitutes a ``taking'' under the Fifth and 
        Fourteenth Amendments.
            (18) The Sixth amendment protects our right to a speedy and 
        public trial.
            (19) On March 21, 2020, it was reported that the Department 
        of Justice requested the ability to pause court proceedings 
        ``whenever the district court is fully or partially closed by 
        virtue of any natural disaster, civil disobedience, or other 
        emergency situation.'', thereby preventing speedy trials.

SEC. 3. ATTORNEY GENERAL REPORT.

    The Attorney General shall review the actions of Federal, State, 
and local government officials taken during the COVID-19 pandemic which 
may violate the Bill of Rights. One year after the enactment of this 
Act, the Attorney General shall report to Congress on the Department of 
Justice's efforts to document, remedy, and prosecute infringements of 
the Bill of Rights. If the Attorney General finds a violation of the 
Bill of Rights and does not prosecute that violation, then he shall 
include an explanation of that decision. The Attorney General shall 
refer cases outside of his jurisdiction to the appropriate 
prosecutorial body.
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