[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[Senate]
[Pages S4293-S4294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2457. 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) submitted an amendment intended to be
proposed to amendment SA 2301 proposed by Mr. Inhofe to the bill S.
4049, to authorize appropriations for fiscal year 2021 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. 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,
[[Page S4294]]
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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