https://clerk.house.gov/Votes/2020141 Roll Call
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.
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