[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7135 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7135
To amend the Insurrection Act to curtail violations against the civil
liberties of the people of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Ms. Omar (for herself, Ms. Jayapal, Mr. Pocan, Ms. Escobar, Ms. Norton,
Ms. Pressley, Mr. Doggett, Ms. Ocasio-Cortez, Ms. Lee of California,
Mr. Kennedy, Ms. Tlaib, Ms. Velazquez, Ms. Sewell of Alabama, Mr.
Carson of Indiana, and Mrs. Napolitano) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition
to the Committee on Rules, 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
_______________________________________________________________________
A BILL
To amend the Insurrection Act to curtail violations against the civil
liberties of the people of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Curtailing Insurrection act
Violations of Individuals' Liberties Act'' or ``CIVIL Act''.
SEC. 2. FEDERAL AID FOR STATE GOVERNMENTS.
Section 251 of title 10, United States Code, is amended to read as
follows:
``Sec. 251. Federal aid for State governments
``(a) Authority.--Whenever there is an insurrection in any State
against its government, the President may, upon the request of the
governor of the State concerned, call into Federal service such of the
militia of the other States, in the number requested by the governor of
the State concerned, and use such of the armed forces, as the President
considers necessary to suppress the insurrection.
``(b) Certification to Congress.--The President may not invoke the
authority under this section unless the President, the Secretary of
Defense, and the Attorney General certify to Congress that the governor
of the State concerned has requested the aid described in subsection
(a) to suppress an insurrection.''.
SEC. 3. USE OF MILITIA AND ARMED FORCES TO ENFORCE FEDERAL AUTHORITY.
Section 252 of title 10, United States Code, is amended to read as
follows:
``Sec. 252. Use of militia and armed forces to enforce Federal
authority
``(a) Authority.--Whenever unlawful obstructions, combinations, or
assemblages, or rebellion against the authority of the United States,
make it impracticable to enforce the laws of the United States in any
State by the ordinary course of judicial proceedings, the President may
call into Federal service such of the militia of any State, and use
such of the armed forces, as the President considers necessary to
enforce those laws or to suppress the rebellion.
``(b) Certification to Congress.--
``(1) The President may not invoke the authority under this
section unless the President, the Secretary of Defense, and the
Attorney General certify to Congress that the State concerned
is unable or unwilling to suppress an unlawful obstruction,
combination, or assemblage, or rebellion against the authority
of the United States described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances
necessitating the invocation of the authority under
this section.
``(B) Demonstrable evidence that the State
concerned is unable or unwilling to suppress such
unlawful obstruction, combination, or assemblage, or
rebellion against the authority of the United States,
and a legal justification for resorting to the
authority under this section to so suppress.
``(C) A description of the mission, scope, and
duration of use of members of the armed forces under
this section.''.
SEC. 4. INTERFERENCE WITH STATE AND FEDERAL LAW.
Section 253 of title 10, United States Code, is amended to read as
follows:
``Sec. 253. Interference with State and Federal law
``(a) Authority.--(1) The President, by using the militia or the
armed forces, or both, or by any other means, shall take such measures
as he considers necessary to suppress, in a State, any insurrection,
domestic violence, unlawful combination, or conspiracy, if it--
``(A) so hinders the execution of the laws of that State,
and of the United States within the State, that any part or
class of its people is deprived of a right, privilege,
immunity, or protection named in the Constitution and secured
by law, and the constituted authorities of that State are
unable, fail, or refuse to protect that right, privilege, or
immunity, or to give that protection; or
``(B) opposes or obstructs the execution of the Federal or
State laws to protect the civil rights of the people of the
United States under the Constitution and impedes the course of
justice under those laws.
``(2) In any situation covered by paragraph (1)(A), the State shall
be considered to have denied the equal protection of the laws secured
by the Constitution.
``(b) Certification to Congress.--
``(1) The President may not invoke the authority under this
section unless the President, the Secretary of Defense, and the
Attorney General certify to Congress that the State concerned
is unable or unwilling to suppress an insurrection, domestic
violence, an unlawful combination, or a conspiracy described in
subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances
necessitating the invocation of the authority under
this section.
``(B) Demonstrable evidence that the State
concerned is unable or unwilling to suppress such
insurrection, domestic violence, unlawful combination,
or conspiracy, and a legal justification for resorting
to the authority under this section to so suppress.
``(C) A description of the mission, scope, and
duration of use of members of the armed forces under
this section.''.
SEC. 5. CONSULTATION WITH CONGRESS.
(1) In general.--Chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 256. Consultation
``The President, in every possible instance, shall consult with
Congress before invoking the authority under section 251, 252, or
253.''.
(2) Technical and conforming amendment.--The table of
sections at the beginning of chapter 13 of title 10, United
States Code, is amended by adding at the end the following:
``256. Consultation.''.
SEC. 6. TERMINATION AND EXTENSION OF AUTHORITY UNDER THE INSURRECTION
ACT.
(a) In General.--Chapter 13 of title 10, United States Code, as
amended by section 5, is further amended by adding at the end the
following new section:
``Sec. 257. Termination of authority and expedited procedures for
extension by joint resolution of Congress
``(a) Definitions.--In this section:
``(1) 14-day period.--With respect to an invocation of
authority under section 251, 252, or 253, the term `14-day
period' means, as applicable--
``(A) in the case of an invocation of authority on
a date on which Congress is in session, the period
beginning on the date on which the President invokes
such authority and ending on the date that is 14
calendar days after the date of such invocation; or
``(B) in the case of an invocation of authority on
a date on which Congress is adjourned, the period
beginning on the date on which the next session of
Congress commences and ending on the date that is 14
calendar days after the date of such commencement.
``(2) Joint resolution.--The term `joint resolution' means
a joint resolution--
``(A) that is introduced with respect to the
invocation of authority under section 251, 252, or 253
during the 14-day period;
``(B) which does not have a preamble;
``(C) the title of which is as follows: `Joint
resolution relating to the extension of authority for
purposes of _____ of title 10, United States Code', the
blank space being filled in with whether the extension
relates to the provision of Federal aid for State
governments under section 251, the use of militia and
armed forces to enforce Federal authority under section
252, or the suppression of interference with State and
Federal law under section 253; and
``(D) the matter after the resolving clause of
which is as follows: `That Congress extends the
authority to ______, invoked by the President on ______
.', the first blank space being filled in with whether
the extension relates to the provision of Federal aid
for State governments, the use of militia and armed
forces to enforce Federal authority, or the suppression
of interference with State and Federal law, and the
second blank space being filled in with the date on
which the President invoked such authority.
``(b) Joint Resolution Enacted.--Notwithstanding any other
provision of this section, if, not later than the last day of the 14-
day period, there is enacted into law a joint resolution, the period of
such authority shall be extended for a period to be determined by
Congress and expressed in the joint resolution.
``(c) Joint Resolution Not Enacted.--Notwithstanding any other
provision of this section, if a joint resolution is not enacted on or
before the last day of the 14-day period--
``(1) such authority invoked by the President shall
terminate; and
``(2) the President may not, at any time after the 14-day
period, re-invoke authority under section 251, 252, or 253,
unless there has been a material and significant change in
factual circumstances, and such circumstances are provided in a
new certification to Congress.
``(d) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon invocation by the President of the
authority under section 251, 252, or 253, the Speaker of the
House of Representatives, if the House of Representatives would
otherwise be adjourned, shall notify the Members of the House
of Representatives that, pursuant to this section, the House of
Representatives shall convene not later than 3 calendar days
after the date of such invocation.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House of Representatives not later than
7 calendar days after the last day of the 14-day period, there
is enacted into law a joint resolution. If a committee fails to
report the joint resolution within that period, the committee
shall be discharged from further consideration of the joint
resolution and the joint resolution shall be referred to the
appropriate calendar.
``(3) Proceeding to consideration.--
``(A) In general.--After each committee authorized
to consider a joint resolution reports it to the House
of Representatives or has been discharged from its
consideration, it shall be in order, not later than 7
calendar days after the last day of the 14-day period,
to move to proceed to consider the joint resolution in
the House of Representatives.
``(B) Procedure.--For a motion to proceed to
consider a joint resolution--
``(i) all points of order against the
motion are waived;
``(ii) such a motion shall not be in order
after the House of Representatives has disposed
of a motion to proceed on the joint resolution;
``(iii) the previous question shall be
considered as ordered on the motion to its
adoption without intervening motion;
``(iv) the motion shall not be debatable;
and
``(v) a motion to reconsider the vote by
which the motion is disposed of shall not be in
order.
``(4) Consideration.--If the House of Representatives
proceeds to consideration of a joint resolution--
``(A) the joint resolution shall be considered as
read;
``(B) all points of order against the joint
resolution and against its consideration are waived;
``(C) the previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except 10 hours of debate equally
divided and controlled by the proponent and an
opponent;
``(D) an amendment to the joint resolution shall
not be in order; and
``(E) a motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(e) Expedited Consideration in Senate.--
``(1) Reconvening.--Upon invocation by the President of the
authority under section 251, 252, or 253, if the Senate has
adjourned or recessed for more than 2 calendar days, the
majority leader of the Senate, after consultation with the
minority leader of the Senate, shall notify the Members of the
Senate that, pursuant to this section, the Senate shall convene
not later than 3 calendar days after the date of such
invocation.
``(2) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
``(3) Proceeding to consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later
than 7 calendar days after the last day of the 14-day
period (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of a joint resolution.
``(B) Procedure.--For a motion to proceed to the
consideration of a joint resolution--
``(i) all points of order against the
motion are waived;
``(ii) the motion is not debatable;
``(iii) the motion is not subject to a
motion to postpone;
``(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
``(v) if the motion is agreed to, the joint
resolution shall remain the unfinished business
until disposed of.
``(4) Floor consideration.--
``(A) In general.--If the Senate proceeds to
consideration of a joint resolution--
``(i) all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived;
``(ii) consideration of the joint
resolution, and all debatable motions and
appeals in connection therewith, shall be
limited to not more than 10 hours, which shall
be divided equally between the majority and
minority leaders or their designees;
``(iii) a motion further to limit debate is
in order and not debatable;
``(iv) an amendment to, a motion to
postpone, or a motion to commit the joint
resolution is not in order; and
``(v) a motion to proceed to the
consideration of other business is not in
order.
``(B) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
consideration of a joint resolution, and a single
quorum call at the conclusion of the debate if
requested in accordance with the rules of the Senate.
``(C) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of this subsection or the rules of the
Senate, as the case may be, to the procedure relating
to a joint resolution shall be decided without debate.
``(f) Rules Relating to Senate and House of Representatives.--
``(1) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of that House,
that House receives from the other House a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) with respect to a joint resolution of the
House receiving the resolution--
``(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; and
``(ii) the vote on passage shall be on the
joint resolution of the other House.
``(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider a joint resolution under
this subsection, the joint resolution of the other House shall
be entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of a joint resolution in the Senate, the Senate
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) Period pending with president.--If Congress
passes a joint resolution--
``(i) the period beginning on the date on
which the President is presented with the joint
resolution and ending on the date on which the
President signs, allows to become law without
signature, or vetoes and returns the joint
resolution (but excluding days when either
House is not in session) shall be disregarded
in determining whether the joint resolution was
enacted before the last day of the 14-day
period; and
``(ii) the date that is the number of days
in the period described in clause (i) after the
14-day period shall be substituted for the 14-
day period for purposes of subsections (b) and
(c).
``(B) Vetoes.--If the President vetoes the joint
resolution, consideration of a veto message in the
Senate under this section shall be not more than 2
hours equally divided between the majority and minority
leaders or their designees.
``(g) Rules of House of Representatives and Senate.--Subsections
(d) and (e) and paragraphs (1), (2), (3), and (4)(B) of subsection (f)
are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and supersede
other rules only to the extent that they are inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 13 of title 10, United States Code, as amended
by section 5, is further amended by adding at the end the following:
``257. Termination of authority and expedited procedures for extension
by joint resolution of Congress.''.
SEC. 7. JUDICIAL REVIEW FOR INJURY RESULTING FROM USE OF THE ARMED
FORCES UNDER THE INSURRECTION ACT.
(a) In General.--Chapter 13 of title 10, United States Code, as
amended by section 6, is further amended by adding at the end the
following new section:
``Sec. 258. Judicial review
``(a) In General.--Notwithstanding, and without prejudice to, any
other provision of law, any individual or entity (including a State or
local government) that is injured by, or has a credible fear of injury
from, the use of members of the armed forces under this chapter may
bring a civil action for declaratory or injunctive relief. In any
action under this section, the district court shall have jurisdiction
to decide any question of law or fact arising under this chapter,
including challenges to the legal basis for members of the armed forces
to be acting under this chapter.
``(b) Expedited Consideration.--It shall be the duty of the
applicable district court of the United States and the Supreme Court of
the United States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter brought under
this section.
``(c) Appeals.--
``(1) In general.--The Supreme Court of the United States
shall have jurisdiction of an appeal from a final decision of a
district court of the United States in a civil action brought
under this section.
``(2) Filing deadline.--A party shall file an appeal under
paragraph (1) not later than 30 days after the court issues a
final decision under subsection (a).''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 13 of title 10, United States Code, as amended
by section 6, is further amended by adding at the end the following:
``258. Judicial review.''.
SEC. 8. RESTRICTION ON DIRECT PARTICIPATION BY MILITARY PERSONNEL.
Section 275 of title 10, United States Code, is amended to read as
follows:
``Sec. 275. Restriction on direct participation by military personnel
``(a) In General.--No activity (including the provision of any
equipment or facility or the assignment or detail of any personnel)
under this title shall include or permit direct participation by a
member of the Army, Navy, Air Force, or Marine Corps in a search,
seizure, arrest, or other similar activity unless participation in such
activity by such member is otherwise expressly authorized by law.
``(b) Regulations.--The Secretary of Defense shall prescribe such
regulations as may be necessary to ensure compliance with subsection
(a).''.
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