[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3902 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3902

 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 SENATE OF THE UNITED STATES

                              June 4, 2020

Mr. Blumenthal introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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 the ``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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