[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4220 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4220

To limit the use of Federal law enforcement officers for crowd control, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

 Mr. Merkley (for himself, Mr. Wyden, Mr. Murphy, Mr. Sanders, Mr. Van 
   Hollen, Mr. Markey, Ms. Harris, Mr. Blumenthal, Mr. Booker, Mrs. 
Murray, Mr. Brown, Mr. Durbin, Ms. Cantwell, Ms. Baldwin, Mr. King, Ms. 
Hirono, Mr. Heinrich, Ms. Klobuchar, Ms. Warren, Ms. Duckworth, and Mr. 
    Bennet) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To limit the use of Federal law enforcement officers for crowd control, 
                        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 ``Preventing Authoritarian Policing 
Tactics on America's Streets Act''.

SEC. 2. LIMITATION ON USE OF FEDERAL LAW ENFORCEMENT OFFICERS FOR CROWD 
              CONTROL.

    (a) Definitions.--In this section--
            (1) the term ``Federal law enforcement officer'' means--
                    (A) an employee or officer in a position in the 
                executive, legislative, or judicial branch of the 
                Federal Government who is authorized by law to engage 
                in or supervise a law enforcement function; or
                    (B) an employee or officer of a contractor or 
                subcontractor (at any tier) of an agency in the 
                executive, legislative, or judicial branch of the 
                Federal Government who is authorized by law or under 
                the contract with the agency to engage in or supervise 
                a law enforcement function;
            (2) the term ``law enforcement function'' means the 
        prevention, detection, or investigation of, or the prosecution 
        or incarceration of any person for, any violation of law; and
            (3) the term ``member of an armed force'' means a member of 
        any of the armed forces, as defined in section 101(a)(4) of 
        title 10, United States Code, or a member of the National 
        Guard, as defined in section 101(3) of title 32, United States 
        Code.
    (b) Required Identification.--
            (1) In general.--Each Federal law enforcement officer or 
        member of an armed force who is engaged in any form of crowd 
        control, riot control, or arrest or detainment of individuals 
        engaged in an act of civil disobedience, demonstration, 
        protest, or riot in the United States shall at all times 
        display identifying information in a clearly visible fashion, 
        which shall include the Federal agency and the last name or 
        unique identifier of the Federal law enforcement officer or for 
        a member of an armed force, the last name or unique identifier 
        and rank of the member.
            (2) Specific prohibitions.--
                    (A) Covering of identifying information.--A Federal 
                law enforcement officer or member of an armed force may 
                not tape over or otherwise obscure or conceal the 
                identifying information required under paragraph (1) 
                while the officer or member is engaged in any form of 
                law enforcement activity described in paragraph (1).
                    (B) Use of unmarked vehicles.--A Federal law 
                enforcement officer or member of an armed force may not 
                use an unmarked vehicle for the apprehension, 
                detention, or arrest of civilians while the officer or 
                member is engaged in any form of law enforcement 
                activity described in paragraph (1).
    (c) Limitation on Crowd Control Authority.--
            (1) In general.--Except as provided in paragraph (2), a 
        Federal law enforcement officer or member of an armed force may 
        only be authorized to perform any form of crowd control, riot 
        control, or arrest or detainment of individuals engaged in an 
        act of civil disobedience, demonstration, protest, or riot on 
        Federal property or in the immediate vicinity thereof, which 
        shall include the sidewalk and the public street immediately 
        adjacent to any Federal building or property.
            (2) Exceptions.--
                    (A) State and local request for assistance.--
                Paragraph (1) shall not apply to a Federal law 
                enforcement officer or member of an armed force if the 
                Governor of a State and the head of a unit of local 
                government jointly request, in writing, Federal law 
                enforcement support.
                    (B) Insurrection act.--If chapter 13 of title 10, 
                United States Code (commonly known as the 
                ``Insurrection Act of 1807'') is invoked, paragraph (1) 
                shall not apply.
    (d) Limitation on Arrest Authority.--It shall be unlawful for a 
Federal law enforcement officer or member of an armed force to arrest 
an individual in the United States if the Federal law enforcement 
officer or member of an armed force is conducting a law enforcement 
function in violation of subsection (b) or (c).
    (e) Notice to the Public.--Not later than 24 hours after deployment 
of a Federal law enforcement officer or member of an armed force in 
response to any crowd control incident, riot, or public disturbance, 
the Federal agency or armed force responsible for such deployment shall 
publish prominent public notice on that public facing website of the 
agency or armed force that includes the following information:
            (1) The date of deployment of personnel for crowd control 
        purposes.
            (2) The number of Federal law enforcement officers of the 
        agency or members of the armed force in each city, town, or 
        locality functioning in a law enforcement capacity.
            (3) A description of the specific nature of the mission.
            (4) The location of any civilians being detained by the 
        Federal law enforcement officers or members of the armed force 
        deployed, and under whose custody the civilians are being held.
            (5) A copy of a written request for assistance described in 
        subsection (c)(2)(A), if such request was made.
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