Definitions

In this section: (1) Chokehold or carotid hold The term chokehold or carotid hold means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (2) Conduct exceeding authorized authority The term conduct exceeding authorized authority means any action taken without legal authorization, outside the scope of assigned duties, or in violation of Federal law, regulation, or Department of Homeland Security policy, including— (A) conducting a stop, search, entry, arrest, or detention without legal authority, a valid warrant, or required supervisory approval; (B) misrepresenting identity, authority, or purpose to gain compliance or entry; (C) conducting enforcement activity outside an assigned geographic area, mission scope, or operational plan; (D) using unapproved tactics, equipment, or vehicles, including failure to comply with identification or uniform requirements; (E) acting in violation of constitutional protections, civil rights laws, or court orders; and (F) any action involving sexual violence. (3) Excessive force The term excessive force means the use of physical force or weapons beyond what is objectively reasonable and necessary, including— (A) discharging or brandishing a firearm at any individual or vehicle; (B) using a chemical agent, a conducted energy device, a baton, or an impact weapon; (C) any action involving a physical takedown, a chokehold, or the placement of an individual on the ground; (D) using restraints or force resulting in bodily injury, hospitalization, or death; and (E) using deadly force to incapacitate a subject. (4) Member of congress The term Member of Congress includes any Senator, Representative, Delegate, or Resident Commissioner of the United States Congress.