Hidden Within the NDAA is a Provision to Nullify the President's Use of the Insurrection Act

An Amendment To Be Offered by Representative Escobar of Texas or Her 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle E of title X, insert the following:

SEC. 10__. CURTAILING INSURRECTION ACT VIOLATIONS OF INDIVIDUALS' 
                    LIBERTIES.

  (a) Federal Aid for State Governments.--Section 251 of title 
10, United States Code, is amended--
          (1) by striking ``Whenever'' and inserting ``(a) In 
        General.--Whenever''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b) Certification to Congress.--(1) The President may not 
invoke the authority under this section unless the President 
and the Secretary of Defense certify to Congress that the State 
concerned is unable or unwilling to suppress an insurrection 
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, 
        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) 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 
and the Secretary of Defense 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--
          (1) by striking ``The President'' and inserting ``(a) 
        Authority.--(1) The President'';
          (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
          (3) by striking ``In any situation covered by clause 
        (1),'' and inserting ``(2) In any situation covered by 
        paragraph (1)(A),''; and
          (4) by adding at the end the following new 
        subsection:
  ``(b) Certification to Congress.--(1) The President may not 
invoke the authority under this section unless the President 
and the Secretary of Defense certify to Congress that the State 
concerned is unable or unwilling to suppress an insurrection, 
domestic violence, unlawful combination, or conspiracy, as 
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 of this title.''.
          (2) Clerical 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.''.

  (e) Restriction on Direct Participation by Military 
Personnel.--
          (1) In general.--Such chapter is further amended by 
        adding at the end the following new section:

``Sec. 257. Restriction on direct participation by military personnel

  ``(a) In General.--No activity under this chapter shall 
permit direct participation by a member of the Army, Navy, Air 
Force, Marine Corps, or Space Force 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).
  ``(c) Rule of Construction.--Nothing in this section shall be 
construed to limit authority of law enforcement personnel of 
the armed forces on Federal military installations''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is further amended by adding 
        at the end the following new item:

``257. Restriction on direct participation by military personnel.''.
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President Trump was already expected to veto the legislation because it does not address the Section 230 provision granted to Social Media Companies that they use to censor dissenting voices.