II 

116TH CONGRESS 

2D SESSION S. 3902 

To amend the Insurrection Act to curtail violations against the civil liberties 

of the people of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2020 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on Armed Services 

A BILL 

To amend the Insurrection Act to curtail violations against 

the civil liberties of the people of the United States, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Curtailing Insurrection 

5 act Violations of Individuals’ Liberties Act’’ or the 

6 ‘‘CIVIL Act’’. 

7 SEC. 2. FEDERAL AID FOR STATE GOVERNMENTS. 

8 Section 251 of title 10, United States Code, is 

9 amended to read as follows: 


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1 ‘‘§ 251. Federal aid for State governments 

2 ‘‘(a) AUTHORITY.—Whenever there is an insurrection 

3 in any State against its government, the President may, 

4 upon the request of the governor of the State concerned, 

5 call into Federal service such of the militia of the other 

6 States, in the number requested by the governor of the 

7 State concerned, and use such of the armed forces, as the 

8 President considers necessary to suppress the insurrec9 tion. 

10 ‘‘(b) CERTIFICATION TO CONGRESS.—The President 

11 may not invoke the authority under this section unless the 

12 President, the Secretary of Defense, and the Attorney 

13 General certify to Congress that the governor of the State 

14 concerned has requested the aid described in subsection 

15 (a) to suppress an insurrection.’’. 

16 SEC. 3. USE OF MILITIA AND ARMED FORCES TO ENFORCE 

17 FEDERAL AUTHORITY. 

18 Section 252 of title 10, United States Code, is 

19 amended to read as follows: 

20 ‘‘§ 252. Use of militia and armed forces to enforce 

21 Federal authority 

22 ‘‘(a) AUTHORITY.—Whenever unlawful obstructions, 

23 combinations, or assemblages, or rebellion against the au24 thority of the United States, make it impracticable to en25 force the laws of the United States in any State by the 

26 ordinary course of judicial proceedings, the President may 


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1 call into Federal service such of the militia of any State, 

2 and use such of the armed forces, as the President con3 siders necessary to enforce those laws or to suppress the 

4 rebellion. 

5 ‘‘(b) CERTIFICATION TO CONGRESS.— 

6 ‘‘(1) The President may not invoke the author7 ity under this section unless the President, the Sec8 retary of Defense, and the Attorney General certify 

9 to Congress that the State concerned is unable or 

10 unwilling to suppress an unlawful obstruction, com11 bination, or assemblage, or rebellion against the au12 thority of the United States described in subsection 

13 (a). 

14 ‘‘(2) A certification under paragraph (1) shall 

15 include the following: 

16 ‘‘(A) A description of the circumstances 

17 necessitating the invocation of the authority 

18 under this section. 

19 ‘‘(B) Demonstrable evidence that the State 

20 concerned is unable or unwilling to suppress 

21 such unlawful obstruction, combination, or as22 semblage, or rebellion against the authority of 

23 the United States, and a legal justification for 

24 resorting to the authority under this section to 

25 so suppress. 


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1 ‘‘(C) A description of the mission, scope, 

2 and duration of use of members of the armed 

3 forces under this section.’’. 

4 SEC. 4. INTERFERENCE WITH STATE AND FEDERAL LAW. 

5 Section 253 of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 253. Interference with State and Federal law 

8 ‘‘(a) AUTHORITY.—(1) The President, by using the 

9 militia or the armed forces, or both, or by any other 

10 means, shall take such measures as he considers necessary 

11 to suppress, in a State, any insurrection, domestic vio12 lence, unlawful combination, or conspiracy, if it— 

13 ‘‘(A) so hinders the execution of the laws of 

14 that State, and of the United States within the 

15 State, that any part or class of its people is deprived 

16 of a right, privilege, immunity, or protection named 

17 in the Constitution and secured by law, and the con18 stituted authorities of that State are unable, fail, or 

19 refuse to protect that right, privilege, or immunity, 

20 or to give that protection; or 

21 ‘‘(B) opposes or obstructs the execution of the 

22 Federal or State laws to protect the civil rights of 

23 the people of the United States under the Constitu24 tion and impedes the course of justice under those 

25 laws. 


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1 ‘‘(2) In any situation covered by paragraph (1)(A), 

2 the State shall be considered to have denied the equal pro3 tection of the laws secured by the Constitution. 

4 ‘‘(b) CERTIFICATION TO CONGRESS.— 

5 ‘‘(1) The President may not invoke the author6 ity under this section unless the President, the Sec7 retary of Defense, and the Attorney General certify 

8 to Congress that the State concerned is unable or 

9 unwilling to suppress an insurrection, domestic vio10 lence, an unlawful combination, or a conspiracy de11 scribed in subsection (a). 

12 ‘‘(2) A certification under paragraph (1) shall 

13 include the following: 

14 ‘‘(A) A description of the circumstances 

15 necessitating the invocation of the authority 

16 under this section. 

17 ‘‘(B) Demonstrable evidence that the State 

18 concerned is unable or unwilling to suppress 

19 such insurrection, domestic violence, unlawful 

20 combination, or conspiracy, and a legal jus21 tification for resorting to the authority under 

22 this section to so suppress. 

23 ‘‘(C) A description of the mission, scope, 

24 and duration of use of members of the armed 

25 forces under this section.’’. 


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1 SEC. 5. CONSULTATION WITH CONGRESS. 

2 (1) IN GENERAL.—Chapter 13 of title 10, 

3 United States Code, is amended by adding at the 

4 end the following new section: 

5 ‘‘§ 256. Consultation 

6 ‘‘The President, in every possible instance, shall con7 sult with Congress before invoking the authority under 

8 section 251, 252, or 253.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections at the beginning of 

11 chapter 13 of title 10, United States Code, is 

12 amended by adding at the end the following: 

‘‘256. Consultation.’’. 

13 SEC. 6. TERMINATION AND EXTENSION OF AUTHORITY 

14 UNDER THE INSURRECTION ACT. 

15 (a) IN GENERAL.—Chapter 13 of title 10, United 

16 States Code, as amended by section 5, is further amended 

17 by adding at the end the following new section: 

18 ‘‘§ 257. Termination of authority and expedited proce19 dures for extension by joint resolution of 

20 Congress 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) 14-DAY PERIOD.—With respect to an invo23 cation of authority under section 251, 252, or 253, 

24 the term ‘14-day period’ means, as applicable— 


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1 ‘‘(A) in the case of an invocation of au2 thority on a date on which Congress is in ses3 sion, the period beginning on the date on which 

4 the President invokes such authority and end5 ing on the date that is 14 calendar days after 

6 the date of such invocation; or 

7 ‘‘(B) in the case of an invocation of au8 thority on a date on which Congress is ad9 journed, the period beginning on the date on 

10 which the next session of Congress commences 

11 and ending on the date that is 14 calendar days 

12 after the date of such commencement. 

13 ‘‘(2) JOINT RESOLUTION.—The term ‘joint res14 olution’ means a joint resolution— 

15 ‘‘(A) that is introduced with respect to the 

16 invocation of authority under section 251, 252, 

17 or 253 during the 14-day period; 

18 ‘‘(B) which does not have a preamble; 

19 ‘‘(C) the title of which is as follows: ‘Joint 

20 resolution relating to the extension of authority 

21 for purposes of lllll of title 10, United 

22 States Code’, the blank space being filled in 

23 with whether the extension relates to the provi24 sion of Federal aid for State governments 

25 under section 251, the use of militia and armed 


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1 forces to enforce Federal authority under sec2 tion 252, or the suppression of interference 

3 with State and Federal law under section 253; 

4 and 

5 ‘‘(D) the matter after the resolving clause 

6 of which is as follows: ‘That Congress extends 

7 the authority to llllll, invoked by the 

8 President on llllll .’, the first blank 

9 space being filled in with whether the extension 

10 relates to the provision of Federal aid for State 

11 governments, the use of militia and armed 

12 forces to enforce Federal authority, or the sup13 pression of interference with State and Federal 

14 law, and the second blank space being filled in 

15 with the date on which the President invoked 

16 such authority. 

17 ‘‘(b) JOINT RESOLUTION ENACTED.—Notwith18 standing any other provision of this section, if, not later 

19 than the last day of the 14-day period, there is enacted 

20 into law a joint resolution, the period of such authority 

21 shall be extended for a period to be determined by Con22 gress and expressed in the joint resolution. 

23 ‘‘(c) JOINT RESOLUTION NOT ENACTED.—Notwith24 standing any other provision of this section, if a joint resoVerDate Sep 11 2014 23:03 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3902.IS S3902

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1 lution is not enacted on or before the last day of the 14- 

2 day period— 

3 ‘‘(1) such authority invoked by the President 

4 shall terminate; and 

5 ‘‘(2) the President may not, at any time after 

6 the 14-day period, re-invoke authority under section 

7 251, 252, or 253, unless there has been a material 

8 and significant change in factual circumstances, and 

9 such circumstances are provided in a new certifi10 cation to Congress. 

11 ‘‘(d) EXPEDITED CONSIDERATION IN HOUSE OF

12 REPRESENTATIVES.— 

13 ‘‘(1) RECONVENING.—Upon invocation by the 

14 President of the authority under section 251, 252, 

15 or 253, the Speaker of the House of Representa16 tives, if the House of Representatives would other17 wise be adjourned, shall notify the Members of the 

18 House of Representatives that, pursuant to this sec19 tion, the House of Representatives shall convene not 

20 later than 3 calendar days after the date of such in21 vocation. 

22 ‘‘(2) REPORTING AND DISCHARGE.—Any com23 mittee of the House of Representatives to which a 

24 joint resolution is referred shall report it to the 

25 House of Representatives not later than 7 calendar 


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1 days after the last day of the 14-day period, there 

2 is enacted into law a joint resolution. If a committee 

3 fails to report the joint resolution within that period, 

4 the committee shall be discharged from further con5 sideration of the joint resolution and the joint reso6 lution shall be referred to the appropriate calendar. 

7 ‘‘(3) PROCEEDING TO CONSIDERATION.— 

8 ‘‘(A) IN GENERAL.—After each committee 

9 authorized to consider a joint resolution reports 

10 it to the House of Representatives or has been 

11 discharged from its consideration, it shall be in 

12 order, not later than 7 calendar days after the 

13 last day of the 14-day period, to move to pro14 ceed to consider the joint resolution in the 

15 House of Representatives. 

16 ‘‘(B) PROCEDURE.—For a motion to pro17 ceed to consider a joint resolution— 

18 ‘‘(i) all points of order against the 

19 motion are waived; 

20 ‘‘(ii) such a motion shall not be in 

21 order after the House of Representatives 

22 has disposed of a motion to proceed on the 

23 joint resolution; 


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1 ‘‘(iii) the previous question shall be 

2 considered as ordered on the motion to its 

3 adoption without intervening motion; 

4 ‘‘(iv) the motion shall not be debat5 able; and 

6 ‘‘(v) a motion to reconsider the vote 

7 by which the motion is disposed of shall 

8 not be in order. 

9 ‘‘(4) CONSIDERATION.—If the House of Rep10 resentatives proceeds to consideration of a joint res11 olution— 

12 ‘‘(A) the joint resolution shall be consid13 ered as read; 

14 ‘‘(B) all points of order against the joint 

15 resolution and against its consideration are 

16 waived; 

17 ‘‘(C) the previous question shall be consid18 ered as ordered on the joint resolution to its 

19 passage without intervening motion except 10 

20 hours of debate equally divided and controlled 

21 by the proponent and an opponent; 

22 ‘‘(D) an amendment to the joint resolution 

23 shall not be in order; and 


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1 ‘‘(E) a motion to reconsider the vote on 

2 passage of the joint resolution shall not be in 

3 order. 

4 ‘‘(e) EXPEDITED CONSIDERATION IN SENATE.— 

5 ‘‘(1) RECONVENING.—Upon invocation by the 

6 President of the authority under section 251, 252, 

7 or 253, if the Senate has adjourned or recessed for 

8 more than 2 calendar days, the majority leader of 

9 the Senate, after consultation with the minority 

10 leader of the Senate, shall notify the Members of the 

11 Senate that, pursuant to this section, the Senate 

12 shall convene not later than 3 calendar days after 

13 the date of such invocation. 

14 ‘‘(2) PLACEMENT ON CALENDAR.—Upon intro15 duction in the Senate, the joint resolution shall be 

16 placed immediately on the calendar. 

17 ‘‘(3) PROCEEDING TO CONSIDERATION.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding rule 

19 XXII of the Standing Rules of the Senate, it is 

20 in order, not later than 7 calendar days after 

21 the last day of the 14-day period (even though 

22 a previous motion to the same effect has been 

23 disagreed to) to move to proceed to the consid24 eration of a joint resolution. 


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1 ‘‘(B) PROCEDURE.—For a motion to pro2 ceed to the consideration of a joint resolution— 

3 ‘‘(i) all points of order against the 

4 motion are waived; 

5 ‘‘(ii) the motion is not debatable; 

6 ‘‘(iii) the motion is not subject to a 

7 motion to postpone; 

8 ‘‘(iv) a motion to reconsider the vote 

9 by which the motion is agreed to or dis10 agreed to shall not be in order; and 

11 ‘‘(v) if the motion is agreed to, the 

12 joint resolution shall remain the unfinished 

13 business until disposed of. 

14 ‘‘(4) FLOOR CONSIDERATION.— 

15 ‘‘(A) IN GENERAL.—If the Senate proceeds 

16 to consideration of a joint resolution— 

17 ‘‘(i) all points of order against the 

18 joint resolution (and against consideration 

19 of the joint resolution) are waived; 

20 ‘‘(ii) consideration of the joint resolu21 tion, and all debatable motions and appeals 

22 in connection therewith, shall be limited to 

23 not more than 10 hours, which shall be di24 vided equally between the majority and mi25 nority leaders or their designees; 


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1 ‘‘(iii) a motion further to limit debate 

2 is in order and not debatable; 

3 ‘‘(iv) an amendment to, a motion to 

4 postpone, or a motion to commit the joint 

5 resolution is not in order; and 

6 ‘‘(v) a motion to proceed to the con7 sideration of other business is not in order. 

8 ‘‘(B) VOTE ON PASSAGE.—The vote on 

9 passage shall occur immediately following the 

10 conclusion of the consideration of a joint resolu11 tion, and a single quorum call at the conclusion 

12 of the debate if requested in accordance with 

13 the rules of the Senate. 

14 ‘‘(C) RULINGS OF THE CHAIR ON PROCE15 DURE.—Appeals from the decisions of the Chair 

16 relating to the application of this subsection or 

17 the rules of the Senate, as the case may be, to 

18 the procedure relating to a joint resolution shall 

19 be decided without debate. 

20 ‘‘(f) RULES RELATING TO SENATE AND HOUSE OF

21 REPRESENTATIVES.— 

22 ‘‘(1) COORDINATION WITH ACTION BY OTHER

23 HOUSE.—If, before the passage by one House of a 

24 joint resolution of that House, that House receives 

25 from the other House a joint resolution— 


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1 ‘‘(A) the joint resolution of the other 

2 House shall not be referred to a committee; and 

3 ‘‘(B) with respect to a joint resolution of 

4 the House receiving the resolution— 

5 ‘‘(i) the procedure in that House shall 

6 be the same as if no joint resolution had 

7 been received from the other House; and 

8 ‘‘(ii) the vote on passage shall be on 

9 the joint resolution of the other House. 

10 ‘‘(2) TREATMENT OF JOINT RESOLUTION OF

11 OTHER HOUSE.—If one House fails to introduce or 

12 consider a joint resolution under this subsection, the 

13 joint resolution of the other House shall be entitled 

14 to expedited floor procedures under this section. 

15 ‘‘(3) TREATMENT OF COMPANION MEASURES.— 

16 If, following passage of a joint resolution in the Sen17 ate, the Senate receives the companion measure 

18 from the House of Representatives, the companion 

19 measure shall not be debatable. 

20 ‘‘(4) CONSIDERATION AFTER PASSAGE.— 

21 ‘‘(A) PERIOD PENDING WITH PRESI22 DENT.—If Congress passes a joint resolution— 

23 ‘‘(i) the period beginning on the date 

24 on which the President is presented with 

25 the joint resolution and ending on the date 


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1 on which the President signs, allows to be2 come law without signature, or vetoes and 

3 returns the joint resolution (but excluding 

4 days when either House is not in session) 

5 shall be disregarded in determining wheth6 er the joint resolution was enacted before 

7 the last day of the 14-day period; and 

8 ‘‘(ii) the date that is the number of 

9 days in the period described in clause (i) 

10 after the 14-day period shall be substituted 

11 for the 14-day period for purposes of sub12 sections (b) and (c). 

13 ‘‘(B) VETOES.—If the President vetoes the 

14 joint resolution, consideration of a veto message 

15 in the Senate under this section shall be not 

16 more than 2 hours equally divided between the 

17 majority and minority leaders or their des18 ignees. 

19 ‘‘(g) RULES OF HOUSE OF REPRESENTATIVES AND

20 SENATE.—Subsections (d) and (e) and paragraphs (1), 

21 (2), (3), and (4)(B) of subsection (f) are enacted by Con22 gress— 

23 ‘‘(1) as an exercise of the rulemaking power of 

24 the Senate and House of Representatives, respec25 tively, and as such are deemed a part of the rules 


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1 of each House, respectively, but applicable only with 

2 respect to the procedure to be followed in that 

3 House in the case of a joint resolution, and super4 sede other rules only to the extent that they are in5 consistent with such rules; and 

6 ‘‘(2) with full recognition of the constitutional 

7 right of either House to change the rules (so far as 

8 relating to the procedure of that House) at any time, 

9 in the same manner, and to the same extent as in 

10 the case of any other rule of that House.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of sections at the beginning of chapter 13 of 

13 title 10, United States Code, as amended by section 5, 

14 is further amended by adding at the end the following: 

‘‘257. Termination of authority and expedited procedures for extension by joint 

resolution of Congress.’’. 

15 SEC. 7. JUDICIAL REVIEW FOR INJURY RESULTING FROM 

16 USE OF THE ARMED FORCES UNDER THE IN17 SURRECTION ACT. 

18 (a) IN GENERAL.—Chapter 13 of title 10, United 

19 States Code, as amended by section 6, is further amended 

20 by adding at the end the following new section: 

21 ‘‘§ 258. Judicial review 

22 ‘‘(a) IN GENERAL.—Notwithstanding, and without 

23 prejudice to, any other provision of law, any individual or 

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1 jured by, or has a credible fear of injury from, the use 

2 of members of the armed forces under this chapter may 

3 bring a civil action for declaratory or injunctive relief. In 

4 any action under this section, the district court shall have 

5 jurisdiction to decide any question of law or fact arising 

6 under this chapter, including challenges to the legal basis 

7 for members of the armed forces to be acting under this 

8 chapter. 

9 ‘‘(b) EXPEDITED CONSIDERATION.—It shall be the 

10 duty of the applicable district court of the United States 

11 and the Supreme Court of the United States to advance 

12 on the docket and to expedite to the greatest possible ex13 tent the disposition of any matter brought under this sec14 tion. 

15 ‘‘(c) APPEALS.— 

16 ‘‘(1) IN GENERAL.—The Supreme Court of the 

17 United States shall have jurisdiction of an appeal 

18 from a final decision of a district court of the United 

19 States in a civil action brought under this section. 

20 ‘‘(2) FILING DEADLINE.—A party shall file an 

21 appeal under paragraph (1) not later than 30 days 

22 after the court issues a final decision under sub23 section (a).’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of sections at the beginning of chapter 13 of 


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1 title 10, United States Code, as amended by section 6, 

2 is further amended by adding at the end the following: 

‘‘258. Judicial review.’’. 

3 SEC. 8. RESTRICTION ON DIRECT PARTICIPATION BY MILI4 TARY PERSONNEL. 

5 Section 275 of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 275. Restriction on direct participation by military 

8 personnel 

9 ‘‘(a) IN GENERAL.—No activity (including the provi10 sion of any equipment or facility or the assignment or de11 tail of any personnel) under this title shall include or per12 mit direct participation by a member of the Army, Navy, 

13 Air Force, or Marine Corps in a search, seizure, arrest, 

14 or other similar activity unless participation in such activ15 ity by such member is otherwise expressly authorized by 

16 law. 

17 ‘‘(b) REGULATIONS.—The Secretary of Defense shall 

18 prescribe such regulations as may be necessary to ensure 

19 compliance with subsection (a).’’. 

Æ 


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