S.Amdt. 1691

SA 1691. Mr. BLUMENTHAL (for himself, Ms. Baldwin, Mrs. Gillibrand,
and Mr. Wyden) 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:

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

(a) 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.''.
(b) 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.''.
(c) 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 the President 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.''.
(d) 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.''.

[[Page S3221]]

(e) Termination and Extension of Authority.--
(1) In general.--Chapter 13 of title 10, United States
Code, as amended by subsection (d), 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 ______