[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5240 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5240

 To limit the extent to which certain Federal law enforcement agencies 
may be permitted to conduct law enforcement functions in a jurisdiction 
   without the approval of such jurisdiction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 18, 2023

  Mr. Lieu (for himself, Mr. Blumenauer, Mr. Raskin, and Mrs. Hayes) 
 introduced the following bill; which was referred to the Committee on 
    the Judiciary, and in addition to the Committees on Energy and 
  Commerce, and Transportation and Infrastructure, 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 limit the extent to which certain Federal law enforcement agencies 
may be permitted to conduct law enforcement functions in a jurisdiction 
   without the approval of such jurisdiction, 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 ``Protect Peaceful Protests Act''.

SEC. 2. LAW ENFORCEMENT AUTHORITY.

    (a) Powers of Enforcement Personnel.--Section 508(a)(5) of the 
Controlled Substances Act is amended to read as follows:
            ``(5) perform such law enforcement duties as the Attorney 
        General may designate as necessary to enforce the controlled 
        substances laws of the United States, which shall not include 
        any law enforcement duty that does not relate to, arise from, 
        or supplement investigations of matters concerning drugs.''.
    (b) U.S. Marshals Service Powers and Duties.--Section 566(c) of 
title 28, United States Code, is amended by inserting after the period 
at the end the following: ``The United States Marshals Service may not 
deputize a law enforcement officer of a State (or any unit of local 
government within a State), Indian tribe, territory, or the District of 
Columbia, unless pursuant to a request by the chief executive of the 
appropriate State, Indian tribe, territory, or the District of 
Columbia. The United States Marshals Service may not deputize any other 
law enforcement officer of the Federal Government, unless pursuant to a 
request by the chief executive of the appropriate State, Indian tribe, 
territory, or the District of Columbia.''.
    (c) Law Enforcement Authority of Secretary of Homeland Security.--
Section 1315(b) of title 40, United States Code, is amended--
            (1) in paragraph (1), by striking ``The Secretary'' and 
        inserting ``Subject to paragraph (3), the Secretary''; and
            (2) by adding at the end the following:
            ``(3) Protests.--The Secretary may not designate additional 
        employees of the Department of Homeland Security as officers 
        and agents for duty in connection with the protection of 
        property owned or occupied by the Federal Government, or 
        persons on the property, in any area in which protest activity 
        is occurring, unless pursuant to a request by the chief 
        executive of the appropriate State, Indian tribe, territory, or 
        the District of Columbia. This paragraph shall not apply to the 
        designation of employees transferred to the Department of 
        Homeland Security from the Office of the Federal Protective 
        Service of the General Services Administration pursuant to the 
        Homeland Security Act of 2002.''.
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