I 

116TH CONGRESS 

2D SESSION H. R. 7135 

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 HOUSE OF REPRESENTATIVES 

JUNE 8, 2020 

Ms. OMAR (for herself, Ms. JAYAPAL, Mr. POCAN, Ms. ESCOBAR, Ms. NORTON, Ms. PRESSLEY, Mr. DOGGETT, Ms. OCASIO-CORTEZ, Ms. LEE of 

California, Mr. KENNEDY, Ms. TLAIB, Ms. VELA ́ZQUEZ, Ms. SEWELL of 

Alabama, Mr. CARSON of Indiana, and Mrs. NAPOLITANO) introduced the 

following bill; which was referred to the Committee on Armed Services, 

and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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 ‘‘CIVIL 

6 Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7135 IH

1 SEC. 2. FEDERAL AID FOR STATE GOVERNMENTS. 

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

3 amended to read as follows: 

4 ‘‘§ 251. Federal aid for State governments 

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

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

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

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

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

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

11 President considers necessary to suppress the insurrec12 tion. 

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

14 may not invoke the authority under this section unless the 

15 President, the Secretary of Defense, and the Attorney 

16 General certify to Congress that the governor of the State 

17 concerned has requested the aid described in subsection 

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

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

20 FEDERAL AUTHORITY. 

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

22 amended to read as follows: 

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

24 Federal authority 

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

26 combinations, or assemblages, or rebellion against the auVerDate Sep 11 2014 18:41 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7135.IH H7135

pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 7135 IH

1 thority of the United States, make it impracticable to en2 force the laws of the United States in any State by the 

3 ordinary course of judicial proceedings, the President may 

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

5 and use such of the armed forces, as the President con6 siders necessary to enforce those laws or to suppress the 

7 rebellion. 

8 ‘‘(b) CERTIFICATION TO CONGRESS.— 

9 ‘‘(1) The President may not invoke the author10 ity under this section unless the President, the Sec11 retary of Defense, and the Attorney General certify 

12 to Congress that the State concerned is unable or 

13 unwilling to suppress an unlawful obstruction, com14 bination, or assemblage, or rebellion against the au15 thority of the United States described in subsection 

16 (a). 

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

18 include the following: 

19 ‘‘(A) A description of the circumstances 

20 necessitating the invocation of the authority 

21 under this section. 

22 ‘‘(B) Demonstrable evidence that the State 

23 concerned is unable or unwilling to suppress 

24 such unlawful obstruction, combination, or as25 semblage, or rebellion against the authority of 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 7135 IH

1 the United States, and a legal justification for 

2 resorting to the authority under this section to 

3 so suppress. 

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

5 and duration of use of members of the armed 

6 forces under this section.’’. 

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

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

9 amended to read as follows: 

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

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

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

13 means, shall take such measures as he considers necessary 

14 to suppress, in a State, any insurrection, domestic vio15 lence, unlawful combination, or conspiracy, if it— 

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

17 that State, and of the United States within the 

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

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

20 in the Constitution and secured by law, and the con21 stituted authorities of that State are unable, fail, or 

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

23 or to give that protection; or 

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

25 Federal or State laws to protect the civil rights of 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 7135 IH

1 the people of the United States under the Constitu2 tion and impedes the course of justice under those 

3 laws. 

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

5 the State shall be considered to have denied the equal pro6 tection of the laws secured by the Constitution. 

7 ‘‘(b) CERTIFICATION TO CONGRESS.— 

8 ‘‘(1) The President may not invoke the author9 ity under this section unless the President, the Sec10 retary of Defense, and the Attorney General certify 

11 to Congress that the State concerned is unable or 

12 unwilling to suppress an insurrection, domestic vio13 lence, an unlawful combination, or a conspiracy de14 scribed in subsection (a). 

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

16 include the following: 

17 ‘‘(A) A description of the circumstances 

18 necessitating the invocation of the authority 

19 under this section. 

20 ‘‘(B) Demonstrable evidence that the State 

21 concerned is unable or unwilling to suppress 

22 such insurrection, domestic violence, unlawful 

23 combination, or conspiracy, and a legal jus24 tification for resorting to the authority under 

25 this section to so suppress. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 7135 IH

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. 5. CONSULTATION WITH CONGRESS. 

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

6 United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 256. Consultation 

9 ‘‘The President, in every possible instance, shall con10 sult with Congress before invoking the authority under 

11 section 251, 252, or 253.’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of sections at the beginning of 

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

15 amended by adding at the end the following: 

‘‘256. Consultation.’’. 

16 SEC. 6. TERMINATION AND EXTENSION OF AUTHORITY 

17 UNDER THE INSURRECTION ACT. 

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

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

20 by adding at the end the following new section: 

21 ‘‘§ 257. Termination of authority and expedited proce22 dures for extension by joint resolution of 

23 Congress 

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


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 7135 IH

1 ‘‘(1) 14-DAY PERIOD.—With respect to an invo2 cation of authority under section 251, 252, or 253, 

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

4 ‘‘(A) in the case of an invocation of au5 thority on a date on which Congress is in ses6 sion, the period beginning on the date on which 

7 the President invokes such authority and end8 ing on the date that is 14 calendar days after 

9 the date of such invocation; or 

10 ‘‘(B) in the case of an invocation of au11 thority on a date on which Congress is ad12 journed, the period beginning on the date on 

13 which the next session of Congress commences 

14 and ending on the date that is 14 calendar days 

15 after the date of such commencement. 

16 ‘‘(2) JOINT RESOLUTION.—The term ‘joint res17 olution’ means a joint resolution— 

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

19 invocation of authority under section 251, 252, 

20 or 253 during the 14-day period; 

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

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

23 resolution relating to the extension of authority 

24 for purposes of lllll of title 10, United 

25 States Code’, the blank space being filled in 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 7135 IH

1 with whether the extension relates to the provi2 sion of Federal aid for State governments 

3 under section 251, the use of militia and armed 

4 forces to enforce Federal authority under sec5 tion 252, or the suppression of interference 

6 with State and Federal law under section 253; 

7 and 

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

9 of which is as follows: ‘That Congress extends 

10 the authority to llllll, invoked by the 

11 President on llllll .’, the first blank 

12 space being filled in with whether the extension 

13 relates to the provision of Federal aid for State 

14 governments, the use of militia and armed 

15 forces to enforce Federal authority, or the sup16 pression of interference with State and Federal 

17 law, and the second blank space being filled in 

18 with the date on which the President invoked 

19 such authority. 

20 ‘‘(b) JOINT RESOLUTION ENACTED.—Notwith21 standing any other provision of this section, if, not later 

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

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

24 shall be extended for a period to be determined by Con25 gress and expressed in the joint resolution. 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 7135 IH

1 ‘‘(c) JOINT RESOLUTION NOT ENACTED.—Notwith2 standing any other provision of this section, if a joint reso3 lution is not enacted on or before the last day of the 14- 

4 day period— 

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

6 shall terminate; and 

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

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

9 251, 252, or 253, unless there has been a material 

10 and significant change in factual circumstances, and 

11 such circumstances are provided in a new certifi12 cation to Congress. 

13 ‘‘(d) EXPEDITED CONSIDERATION IN HOUSE OF

14 REPRESENTATIVES.— 

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

16 President of the authority under section 251, 252, 

17 or 253, the Speaker of the House of Representa18 tives, if the House of Representatives would other19 wise be adjourned, shall notify the Members of the 

20 House of Representatives that, pursuant to this sec21 tion, the House of Representatives shall convene not 

22 later than 3 calendar days after the date of such in23 vocation. 

24 ‘‘(2) REPORTING AND DISCHARGE.—Any com25 mittee of the House of Representatives to which a 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 7135 IH

1 joint resolution is referred shall report it to the 

2 House of Representatives not later than 7 calendar 

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

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

5 fails to report the joint resolution within that period, 

6 the committee shall be discharged from further con7 sideration of the joint resolution and the joint reso8 lution shall be referred to the appropriate calendar. 

9 ‘‘(3) PROCEEDING TO CONSIDERATION.— 

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

11 authorized to consider a joint resolution reports 

12 it to the House of Representatives or has been 

13 discharged from its consideration, it shall be in 

14 order, not later than 7 calendar days after the 

15 last day of the 14-day period, to move to pro16 ceed to consider the joint resolution in the 

17 House of Representatives. 

18 ‘‘(B) PROCEDURE.—For a motion to pro19 ceed to consider a joint resolution— 

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

21 motion are waived; 

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

23 order after the House of Representatives 

24 has disposed of a motion to proceed on the 

25 joint resolution; 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 7135 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 7135 IH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 7135 IH

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; 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 7135 IH

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— 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 7135 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 7135 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 7135 IH

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 

24 entity (including a State or local government) that is inVerDate Sep 11 2014 18:41 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7135.IH H7135

pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 7135 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•HR 7135 IH

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 


pamtmann on DSKBC07HB2PROD with BILLS