Civil Deployment Notification Act of 2020
This bill requires the President to provide Congress with notice of intent to use militia and armed forces to suppress an insurrection in a state or to enforce federal authority and a justification for exercising such authority. The bill provides that the President's authority to use such military force expires 14 days after it is exercised unless Congress enacts an extension of such authority.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7215 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7215
To amend title 10, United States Code, to provide for congressional
notice and termination requirements for use of authority under the
Insurrection Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2020
Mr. Keating (for himself, Mrs. Trahan, Ms. Dean, Mr. Casten of
Illinois, Mr. Cohen, Mr. Himes, Mr. Gonzalez of Texas, and Ms. Jackson
Lee) introduced the following bill; which was referred to the Committee
on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to provide for congressional
notice and termination requirements for use of authority under the
Insurrection Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Deployment Notification Act of
2020.''
SEC. 2. CONGRESSIONAL NOTIFICATION AND TERMINATION REQUIREMENTS FOR USE
OF AUTHORITY UNDER INSURRECTION ACT.
(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.--Subject to section 256 of this title and subsection
(b), whenever''; and
(2) by adding at the end the following new subsections:
``(b) Notification Requirement.--The President may only exercise
the authority under subsection (a) after submitting to the appropriate
members of Congress notice of the intent to exercise such authority
together with the justification of the President for exercising such
authority.
``(c) Appropriate Members of Congress.--In this section, the term
`appropriate members of Congress' means--
``(1) the chair and ranking minority member of--
``(A) the Committees on Armed Services of the
Senate and House of Representatives;
``(B) the Committee on Homeland Security of the
House of Representatives;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(D) the Committees on the Judiciary of the Senate
and House of Representatives;
``(2) the Speaker and minority leader of the House of
Representatives;
``(3) the majority and minority leaders of the Senate; and
``(4) such other member or members of the congressional
leadership as may be included by the President.''.
(b) Use of Militia and Armed Forces To Enforce Federal Authority.--
Section 252 of title 10, United States Code, is amended--
(1) by striking ``Whenever'' and inserting ``(a) In
General.--Subject to section 256 of this title and subsection
(b), whenever''; and
(2) by adding at the end the following new subsections:
``(b) Notification Requirement.--The President may only exercise
the authority under subsection (a) after submitting to the appropriate
members of Congress notice of the intent to exercise such authority
together with the justification of the President for exercising such
authority.
``(c) Appropriate Members of Congress.--In this section, the term
`appropriate members of Congress' means--
``(1) the chair and ranking minority member of--
``(A) the Committees on Armed Services of the
Senate and House of Representatives;
``(B) the Committee on Homeland Security of the
House of Representatives;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(D) the Committees on the Judiciary of the Senate
and House of Representatives;
``(2) the Speaker and minority leader of the House of
Representatives;
``(3) the majority and minority leaders of the Senate; and
``(4) such other member or members of the congressional
leadership as may be included by the President.''.
(c) Use of Militia and Armed Forces To Enforce Federal Authority.--
Section 253 of title 10, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a) In
General.--(1) Subject to section 256 of this title and
subsection (b), the President'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by inserting ``(2)'' before ``In any situation'';
(4) by striking ``clause (1)'' and inserting ``paragraph
(1)(A)''; and
(5) by adding at the end the following new subsections:
``(b) Notification Requirement.--The President may only exercise
the authority under subsection (a) after submitting to the appropriate
members of Congress notice of the intent to exercise such authority
together with the justification of the President for exercising such
authority.
``(c) Appropriate Members of Congress.--In this section, the term
`appropriate members of Congress' means--
``(1) the chair and ranking minority member of--
``(A) the Committees on Armed Services of the
Senate and House of Representatives;
``(B) the Committee on Homeland Security of the
House of Representatives;
``(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(D) the Committees on the Judiciary of the Senate
and House of Representatives;
``(2) the Speaker and minority leader of the House of
Representatives;
``(3) the majority and minority leaders of the Senate; and
``(4) such other member or members of the congressional
leadership as may be included by the President.''.
(d) Termination.--
(1) In general.--Chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 256. Termination of authority
``Authority exercised under section 251, 252, or 253 of this title
shall terminate on the date that is 14 days after the first day on
which such authority is exercised unless such authority is specifically
extended pursuant to the enactment of a law or joint resolution.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 255 the following new item:
``256. Termination of authority.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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