[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3219-S3220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1690. Mr. BLUMENTHAL (for himself, Ms. Baldwin, Ms. Warren, and 
Mrs. Gillibrand) submitted an amendment intended to be proposed by him 
to the bill S. 4049, to authorize appropriations for fiscal year 2021 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S3220]]

  


     SEC. ___. MODIFICATIONS TO THE INSURRECTION ACT OF 1807.

       (a) Certifications to Congress.--Chapter 13 of title 10, 
     United States Code (commonly known as the ``Insurrection Act 
     of 1807''), is amended--
       (1) in section 251--
       (A) by striking ``Whenever'' and inserting the following:
       ``(a) Authority.--Whenever''; and
       (B) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--Whenever the President 
     invokes the authority under this section, not later than 48 
     hours after such invocation of authority, the President shall 
     certify to Congress that the legislature or the governor of 
     the State concerned has requested the aid described in 
     subsection (a) to suppress an insurrection.'';
       (2) in section 252--
       (A) by striking ``Whenever'' and inserting the following:
       ``(a) Authority.--Whenever''; and
       (B) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--
       ``(1) Whenever the President invokes the authority under 
     this section, not later than 48 hours after such invocation 
     of authority, the President shall 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 such 
     invocation of authority.
       ``(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.''; and
       (3) in section 253--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (B) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``The President'' and inserting the 
     following:
       ``(a) Authority.--(1) The President'';
       (C) in the undesignated matter following subparagraph (B), 
     as so redesignated, by striking ``In any situation covered by 
     clause (1)'' and inserting the following new paragraph (2):
       ``(2) Rule of construction.--In any situation covered by 
     subparagraph (A)''; and
       (D) by adding at the end the following new subsection:
       ``(b) Certification to Congress.--
       ``(1) Whenever the President invokes the authority under 
     this section, not later than 48 hours after such invocation 
     of authority, the President shall 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 such 
     invocation of authority.
       ``(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.''.
       (b) Invocation of Authority for Protection of Civil 
     Rights.--Section 253 of title 10, United States Code, as 
     amended by subsection (a)(3), is further amended, in 
     subsection (a)(1)(B), as so designated, by striking ``the 
     laws of the United States or'' and inserting ``Federal or 
     State law to protect the civil rights of the people of the 
     United States under the Constitution and''.
       (c) 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 with Congress

       ``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 
     new item:

``256. Consultation with Congress.''.
                                 ______