S.Amdt. 1690

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.''.
______