[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2386 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2386
To limit the use of Federal law enforcement officers for crowd control,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2025
Mr. Merkley (for himself, Mr. Wyden, Mr. Van Hollen, Ms. Hirono, Ms.
Duckworth, Mrs. Murray, and Ms. Warren) 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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