Restrictions on Intelligence Assets in Protests Act

Restrictions on Intelligence Assets in Protests Act

This bill limits when the intelligence community or federal law enforcement may conduct surveillance of protesters in the United States and requires a report on surveillance conducted in relation to protests after the death of George Floyd. (George Floyd was a Black man who died while restrained by a police officer in Minneapolis, Minnesota.)

In general, no intelligence community element may investigate or conduct surveillance of individuals in the United States involved in First Amendment-protected protest activities. However, this prohibition shall not apply to (1) an investigation by the Federal Bureau of Investigation that is not solely based on the protected protest activity; (2) a National Guard member's active service while assigned to a unit with an intelligence community element; or (3) an activity in support of the Armed Forces pursuant to the Insurrection Act, if the Office of the Director of National Intelligence (ODNI) notifies Congress no later than one year after the start of such support activities. (The Insurrection Act authorizes the President to call upon the Armed Forces during an insurrection.)

No federal law enforcement agency may support any other law enforcement agency in investigating or conducting surveillance of individuals involved in such protest activities if such support is beyond the mission, scope, or purpose of the supporting agency.

The ODNI shall report to Congress on any intelligence community asset used to support any law enforcement agency or the National Guard during the U.S. protests occurring after the death of George Floyd.