H.R. 8026: Criminalizing Law Enforcement Access Restriction Act (119th Congress) Bill Summary

This bill, known as the Criminalizing Law Enforcement Access Restriction Act (CLEAR Act), is aimed at amending U.S. law to introduce new penalties for certain actions against federal law enforcement officers and vehicles. Below are the key points of what this legislation would do:

1. Title of the Act

The bill is officially titled the Criminalizing Law Enforcement Access Restriction Act or the CLEAR Act.

2. Amendments to Existing Law

The bill proposes changes to Section 111 of Title 18 of the United States Code, which relates to criminal offenses involving federal law enforcement officers. The specific amendments include:

Redesignation: The bill will rename an existing subsection (c) to (e).
New Offenses: It introduces two new subsections:

(c) Enhanced penalty for use of a vehicle: It establishes that anyone who uses a vehicle to forcibly assault, resist, intimidate, or interfere with a federal law enforcement officer from the Department of Homeland Security or the Department of Justice—in the course of their official duties—could face a fine or imprisonment for up to 20 years, or both.
(d) Enhanced penalty for obstructing a federal law enforcement vehicle: This section states that obstructing, impeding, or interfering with a federal law enforcement officer in a government vehicle while they’re performing their duties could also result in similar fines or imprisonment of up to 20 years, or both.

3. Intent of the Bill

The intent of this legislation is to create stricter penalties for actions that obstruct or harm federal law enforcement personnel and their operations. The bill emphasizes the protection of officers while they are engaged in official duties, especially during situations where they are using government vehicles.

4. Scope of Law Enforcement Officers Covered

The bill specifically mentions federal law enforcement officers from:

The Department of Homeland Security
The Department of Justice

5. Potential Implications

The introduction of this bill may lead to heightened legal consequences for individuals who engage in the specified obstructive behaviors toward federal law enforcement officers while they are performing their official duties.