,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gghf ,,in ,,the ,,house ,,of ,,representatives ,july #bd1 #bjbj,mr4 ,roy 7for himself and ,mr4 ,budd7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide civil liability for injuries in law enforcement free zones1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restitution for ,economic losses ,caused by ,leaders who ,allow ,insurrection and ,mayhem ,act or the ,,reclaim ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,law enforcement officers are vital to the protection and safety of communities4 7#b7 ,elected officials and other senior officials abuse the public's trust and endanger their citizens when they refuse to provide law enforcement services to protect life and property4 7#c7 ,the right to life1 liberty1 and property are ensured by the ,constitution of the ,united ,states1 and the protection of these rights is the duty of the ,federal1 ,state1 and local governments4 7#d7 ,many local governments have refused to protect the fundamental rights described in paragraph 7#c7 by voluntarily standing down law enforcement officers and allowing roving mobs to destroy property and individual livelihoods1 including in-- 7,a7 ,minneapolis1 ,minnesota1 where unrest and violence destroyed hundreds of buildings and further eroded trust in local law enforcement officers to devastating effect2 and 7,b7 ,portland1 ,oregon1 where a mob set fire to the ,multnomah ,county ,justice ,center1 looted numerous businesses in the downtown area1 injured two police officers1 and physically assaulted multiple peaceful protestors and other individuals4 7#e7 ,other local governments have gone further still by recognizing autonomous zones in which law enforcement officers are not allowed to operate1 including in ,seattle1 ,washington1 where the decision of the ,mayor of ,seattle to withdraw law enforcement officers from multiple blocks of the ,city of ,seattle to create a police free autonomous zone led to significant destruction of property1 #d shootings1 and the murder of #b young ,americans in the zone4 7#f7 ,elected officials or other senior officials in the ,state and local governments who refuse to protect life and property from the ravages of a riot or mob behavior make their communities less safe by inviting more crime and violence1 and act with willful disregard for the safety1 comfort1 and livelihoods of the individuals who they refuse to protect4 7#g7 ,state and local governments that publicly announce the withdrawal of law enforcement protection from individuals or geographical areas so as to encourage and endorse the political and social viewpoints of protestors or rioters erode the public's trust and fail to provide equal protection of the law4 #c4 ,civil actions for injuries in law enforcement free zones ,section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7 is amended-- 7#a7 by inserting 7a7 before ,every person2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,in this subsection-- 7,a7 the term law enforcement free zone-- 7i7 means a geographical area or structure that law enforcement officers are lawfully entitled to access but are instructed1 demanded1 or forced-- 7,i7 not to access2 or 7,,ii7 to access only in exceptional circumstances2 and 7ii7 does not include a geographical area or structure from which law enforcement officers are briefly withheld as a tactical decision intended to resolve safely and expeditiously a specific and ongoing unlawful incident posing an imminent threat to the safety of individuals or law enforcement officers2 and 7,b7 the term riot has the meaning given the term in section #bajb of title #ah1 ,united ,states ,code4 7#b7 ,a person with the lawful authority to direct a law enforcement agency shall be subject to treble damages for a violation of subsection 7a7 if the violation relates to the person's use of such authority to-- 7,a7 establish or recognize1 whether formally or informally1 a law enforcement free zone2 or 7,b7 prohibit law enforcement officers from taking law enforcement action related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers4 4 #d4 ,liability for law-enforcement free zones and standing down during rioting 7a7 ,definitions ,in this section3 7#a7 ,law enforcement free zone ,the term law enforcement free zone has the meaning given the term in subsection 7b7 of section #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc71 as added by section #c of this ,act4 7#b7 ,riot ,the term riot has the meaning given the term in section #bajb of title #ah1 ,united ,states ,code4 7b7 ,liability for law enforcement free zones 7#a7 ,in general ,a person with the lawful authority to direct a law enforcement agency shall be liable to any person who suffers severe physical injury or death as the result of a third-party's criminal conduct or whose property is substantially damaged or destroyed as the result of a third-party's criminal conduct if-- 7,a7 the person directed the law enforcement agency to establish or recognize1 whether formally or informally1 a law enforcement free zone2 7,b7 the criminal conduct and associated harm was foreseeable and occurred in the law enforcement free zone2 7,c7 the law enforcement free zone created an opportunity that otherwise would not have existed for the third party's crime to occur2 and 7,d7 the criminal conduct affected interstate commerce as described in paragraph 7#b74 7#b7 ,affecting interstate commerce ,for purposes of paragraph 7#a71 criminal conduct shall be considered to have affected interstate commerce if-- 7,a7 the person injured by the criminal conduct traveled in interstate or foreign commerce with the intent to enter the law enforcement free zone2 7,b7 the criminal conduct is a violation of a ,federal criminal law2 7,c7 the person who committed the criminal conduct traveled in interstate or foreign commerce1 or used any facility of interstate or foreign commerce1 with intent to commit the crime2 or 7,d7 the property damaged or destroyed by the criminal conduct is used in or affecting interstate or foreign commerce4 7c7 ,liability for standing down during riots ,a person with the lawful authority to direct a law enforcement agency who uses that authority to prohibit law enforcement officers from taking law enforcement action that would prevent or materially mitigate significant physical injury or death or damage or destruction of property caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers shall be liable to any person who subsequently suffers significant physical injury or death or whose property is subsequently destroyed or damaged as the result of a third-party's criminal conduct1 if-- 7#a7 the person injured traveled in interstate or foreign commerce with the intent to enter the law enforcement free zone2 7#b7 the injury was caused by an act that is a violation of a ,federal criminal law2 7#c7 the person who caused the injury traveled in interstate or foreign commerce1 or used any facility of interstate or foreign commerce1 with intent to commit the criminal conduct2 or 7#d7 the property damaged or destroyed is used in or affecting interstate or foreign commerce4 #e4 ,eligibility for law enforcement grants and emergency and disaster funding 7a7 ,byrne grant program ,section #eja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7 is amended by adding at the end the following3 7h7 ,protection of individuals and property 7#a7 ,definitions ,in this subsection-- 7,a7 the term law enforcement free zone has the meaning given the term in section #aigi7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7;b772 and 7,b7 the term riot has the meaning given the term in section #bajb of title #ah1 ,united ,states ,code4 7#b7 ,required protection of individuals and property ,beginning in the first fiscal year after the date of enactment of the ,,reclaim ,act1 a ,state or unit of local government that receives a grant under this part shall take all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts within the jurisdiction of the ,state or unit of local government1 as the case may be4 7#c7 ,failure to protect described ,for purposes of paragraph 7#b71 a ,state or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if-- 7,a7 a senior official1 governing body1 or policy from the ,state or unit of local government prohibits1 or prohibited during the relevant fiscal year1 law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7,b7 a senior official1 governing body1 or policy from the ,state or unit of local government established or recognized during the relevant fiscal year1 whether formally or informally1 a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7,c7 the ,state or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot2 or 7,d7 the ,state or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#d7 ,penalty for noncompliance ,if the ,attorney ,general determines that a ,state or unit of local government has failed to comply with this subsection1 the ,attorney ,general may reduce the amount of the award for the ,state or unit of local government under this part for the fiscal year following the determination by1 the greater of-- 7,a7 #be percent2 or 7,b7 an amount equal to twice the monetary value of the property damaged and the personal injury caused by the failure of the ,state or unit of local government to take reasonable steps to protect against the damage and injury4 4 7b7 ,,cops grant program ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended by adding at the end the following3 7n7 ,protection of individuals and property 7#a7 ,definitions ,in this subsection-- 7,a7 the term law enforcement free zone has the meaning given the term in section #aigi7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7;b772 and 7,b7 the term riot has the meaning given the term in section #bajb of title #ah1 ,united ,states ,code4 7#b7 ,required protection of individuals and property ,beginning in the first fiscal year after the date of enactment of the ,,reclaim ,act1 a ,state or unit of local government that receives a grant under this section shall take all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts within the jurisdiction of the ,state or unit of local government1 as the case may be4 7#c7 ,failure to protect described ,for purposes of paragraph 7#b71 a ,state or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if-- 7,a7 a senior official1 governing body1 or policy from the ,state or unit of local government prohibits1 or prohibited during the relevant fiscal year1 law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7,b7 a senior official1 governing body1 or policy from the ,state or unit of local government established or recognized during the relevant fiscal year1 whether formally or informally1 a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7,c7 the ,state or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot2 or 7,d7 the ,state or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7#d7 ,penalty for noncompliance ,if the ,attorney ,general determines that a ,state or unit of local government has failed to comply with this subsection1 the ,attorney ,general may reduce the amount of the award for the ,state or unit of local government under this section for the fiscal year following the determination by1 the greater of-- 7,a7 #be percent2 or 7,b7 an amount equal to twice the monetary value of the property damaged and the personal injury caused by the failure of the ,state or unit of local government to take reasonable steps to protect against the damage and injury4 4 7c7 ,emergency assistance ,title ,,vii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #ebja et seq47 is amended by adding at the end the following3 #gjg4 ,limitation on funding eligibility 7a7 ,definitions ,in this section-- 7#a7 the term law enforcement free zone has the meaning given the term in section #aigi7;b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc7;b772 and 7#b7 the term riot has the meaning given the term in section #bajb of title #ah1 ,united ,states ,code4 7b7 ,required protection of individuals and property ,a ,state or unit of local government shall not be eligible for any major disaster assistance under title ,,iv or emergency assistance under title ,v under a major disaster or emergency declaration1 respectively1 relating to a riot or other civil unrest within the jurisdiction unless the ,state or unit of local government takes all reasonable steps to protect individuals from physical injury and property from depredation caused by unlawful acts occurring as part of the riot or unrest within the jurisdiction of the ,state or unit of local government1 as the case may be4 7c7 ,failure ,to protect described ,for purposes of subsection 7b71 a ,state or unit of local government shall be considered to have failed to take all reasonable steps to protect individuals from physical injury and property from depredation only if-- 7#a7 a senior official1 governing body1 or policy from the ,state or unit of local government prohibits law enforcement officers from taking law enforcement action that would prevent or materially mitigate physical injury or property depredation caused by or related to a riot for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7#b7 a senior official1 governing body1 or policy from the ,state or unit of local government established or recognized1 whether formally or informally1 a law enforcement free zone for any reason other than to prevent imminent harm to the safety of law enforcement officers2 7#c7 the ,state or unit of local government has a custom or policy not to prosecute an individual who engages in unlawful activity as part of a riot2 or 7#d7 the ,state or unit of local government declines to prosecute an individual who engages in unlawful activity as part of a riot because the unlawful activity is related to or associated with expression of speech protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7d7 ,rule of construction ,nothing in this section shall be construed to limit the eligibility of an individual or private entity to receive major disaster assistance under title ,,iv or emergency assistance under title ,v4 4