United States 117th Congress Status: Died 1 D cosponsors

HR 5494 — Protect Peaceful Protests Act

Last action — Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Protect Peaceful Protests Act This bill prohibits the Department of Justice from designating Drug Enforcement Administration officers to perform law enforcement duties that do not relate to drug investigations. It also generally prohibits the U.S. Marshals Service from deputizing other law enforcement officers and the Department of Homeland Security from designating additional employees to protect federal property during a protest unless there is a request by a state, Indian tribe, territory, or the District of Columbia.

Bill Text

Sections of law this bill changes

2 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

United states marshals service · 28 U.S.C. ch. 37 1 section
  • § 566 Powers and duties Amends

    28 U.S.C. § 566 — at 566(c)

    The law today

    (a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law. (b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court. (c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties. (d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. (e) (1) The United States Marshals Service is authorized to— (A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding; (B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General; (C) issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486); and (D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children. (2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus. (f) In accordance with procedures established by the Director, and except for public money deposited under section 2041 of this title, each United States marshal shall deposit public moneys that the marshal collects into the Treasury, subject to disbursement by the marshal. At the end of each accounting period, the earned part of public moneys accruing to the United States shall be deposited in the Treasury to the credit of the appropriate receipt accounts. (g) Prior to resignation, retirement, or removal from office— (1) a United States marshal shall deliver to the marshal’s successor all prisoners in his custody and all unserved process; and (2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal. (h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General. (i) The Director of the United States Marshals Service shall consult with the Judicial Conference of the United States on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term “judicial security” includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requireme...

    4 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Public property · 40 U.S.C. ch. 13 1 section
  • § 1315 Law enforcement authority of Secretary of Homeland Security for protection of public property Amends

    40 U.S.C. § 1315 — at 1315(b)

    The law today

    (a) In General.— To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security (in this section referred to as the “Secretary”) shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property. (b) Officers and Agents.— (1) Designation.— The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. (2) Powers.— While engaged in the performance of official duties, an officer or agent designated under this subsection may— (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; (C) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (D) serve warrants and subpoenas issued under the authority of the United States; (E) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and (F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe. (c) Regulations.— (1) In general.— The Secretary, in consultation with the Administrator of General Services, may prescribe regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. (2) Penalties.— A person violating a regulation prescribed under this subsection shall be fined under title 18, United States Code, imprisoned for not more than 30 days, or both. (d) Details.— (1) Requests of agencies.— On the request of the head of a Federal agency having charge or control of property owned or occupied by the Federal Government, the Secretary may detail officers and agents designated under this section for the protection of the property and persons on the property. (2) Applicability of regulations.— The Secretary may— (A) extend to property referred to in paragraph (1) the applicability of regulations prescribed under this section and enforce the regulations as provided in this section; or (B) utilize the authority and regulations of the requesting agency if agreed to in writing by the agencies. (3) Facilities and services of other agencies.— When the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, and local law enforcement agencies, with the consent of the agencies. (e) Authority Outside Federal Property.— For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enf...

    5 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill restricts the authority of the U.S. Marshals Service and the Secretary of Homeland Security regarding the deputization of law enforcement officers, requiring approval from local authorities.

  • 28 U.S.C. § 566(c)

    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.

    This change prohibits the U.S. Marshals from deputizing local or state law enforcement officers without approval from their respective executives.

  • 40 U.S.C. § 1315(b)(1)

    The Secretary → Subject to paragraph (3), the Secretary

    This change introduces a qualifying clause that limits the Secretary's authority subject to further conditions.

  • 40 U.S.C. § 1315(b)

    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.

    This provision restricts the Secretary's ability to designate additional enforcement personnel in protest areas without local approval.

Action History

  1. Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

  2. Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

  3. Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.

  4. Referred to the Subcommittee on Health.

  5. Introduced in House

  6. Introduced in House

  7. 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.

  8. 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.

  9. 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 5494 do?
Protect Peaceful Protests Act This bill prohibits the Department of Justice from designating Drug Enforcement Administration officers to perform law enforcement duties that do not relate to drug investigations. It also generally prohibits the U.S. Marshals Service from deputizing other law enforcement officers and the Department of Homeland Security from designating additional employees to protect federal property during a protest unless there is a request by a state, Indian tribe, territory, or the District of Columbia.
Who sponsors HR 5494?
HR 5494 is sponsored by Lieu, Ted (Democratic).
What is the current status of HR 5494?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5494?
Track HR 5494 free on One Click Politics — get push/email alerts when it moves.

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