,,ii #aafth ,,congress #b;d ,session ,s4 #cijb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjbj,mr4 ,blumenthal introduced the following bill2 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,curtailing ,insurrection act ,violations of ,individuals' ,liberties ,act or the ,,civil ,act4 #b4 ,federal aid for ,state governments ,section #bea of title #aj1 ,united ,states ,code1 is amended to read as follows3 #bea4 ,federal aid for ,state governments 7a7 ,authority ,whenever there is an insurrection in any ,state against its government1 the ,president may1 upon the request of the governor of the ,state concerned1 call into ,federal service such of the militia of the other ,states1 in the number requested by the governor of the ,state concerned1 and use such of the armed forces1 as the ,president considers necessary to suppress the insurrection4 7b7 ,certification to ,congress ,the ,president may not invoke the authority under this section unless the ,president1 the ,secretary of ,defense1 and the ,attorney ,general certify to ,congress that the governor of the ,state concerned has requested the aid described in subsection 7a7 to suppress an insurrection4 4 #c4 ,use of militia and armed forces to enforce ,federal authority ,section #beb of title #aj1 ,united ,states ,code1 is amended to read as follows3 #beb4 ,use of militia and armed forces to enforce ,federal authority 7a7 ,authority ,whenever unlawful obstructions1 combinations1 or assemblages1 or rebellion against the authority of the ,united ,states1 make it impracticable to enforce the laws of the ,united ,states in any ,state by the ordinary course of judicial proceedings1 the ,president may call into ,federal service such of the militia of any ,state1 and use such of the armed forces1 as the ,president considers necessary to enforce those laws or to suppress the rebellion4 7b7 ,certification to ,congress 7#a7 ,the ,president may not invoke the authority under this section unless the ,president1 the ,secretary of ,defense1 and the ,attorney ,general certify to ,congress that the ,state concerned is unable or unwilling to suppress an unlawful obstruction1 combination1 or assemblage1 or rebellion against the authority of the ,united ,states described in subsection 7a74 7#b7 ,a certification under paragraph 7#a7 shall include the following3 7,a7 ,a description of the circumstances necessitating the invocation of the authority under this section4 7,b7 ,demonstrable evidence that the ,state concerned is unable or unwilling to suppress such unlawful obstruction1 combination1 or assemblage1 or rebellion against the authority of the ,united ,states1 and a legal justification for resorting to the authority under this section to so suppress4 7,c7 ,a description of the mission1 scope1 and duration of use of members of the armed forces under this section4 4 #d4 ,interference with ,state and ,federal ,law ,section #bec of title #aj1 ,united ,states ,code1 is amended to read as follows3 #bec4 ,interference with ,state and ,federal law 7a7 ,authority 7#a7 ,the ,president1 by using the militia or the armed forces1 or both1 or by any other means1 shall take such measures as he considers necessary to suppress1 in a ,state1 any insurrection1 domestic violence1 unlawful combination1 or conspiracy1 if it-- 7,a7 so hinders the execution of the laws of that ,state1 and of the ,united ,states within the ,state1 that any part or class of its people is deprived of a right1 privilege1 immunity1 or protection named in the ,constitution and secured by law1 and the constituted authorities of that ,state are unable1 fail1 or refuse to protect that right1 privilege1 or immunity1 or to give that protection2 or 7,b7 opposes or obstructs the execution of the ,federal or ,state laws to protect the civil rights of the people of the ,united ,states under the ,constitution and impedes the course of justice under those laws4 7#b7 ,in any situation covered by paragraph 7#a77;,a71 the ,state shall be considered to have denied the equal protection of the laws secured by the ,constitution4 7b7 ,certification to ,congress 7#a7 ,the ,president may not invoke the authority under this section unless the ,president1 the ,secretary of ,defense1 and the ,attorney ,general certify to ,congress that the ,state concerned is unable or unwilling to suppress an insurrection1 domestic violence1 an unlawful combination1 or a conspiracy described in subsection 7a74 7#b7 ,a certification under paragraph 7#a7 shall include the following3 7,a7 ,a description of the circumstances necessitating the invocation of the authority under this section4 7,b7 ,demonstrable evidence that the ,state concerned is unable or unwilling to suppress such insurrection1 domestic violence1 unlawful combination1 or conspiracy1 and a legal justification for resorting to the authority under this section to so suppress4 7,c7 ,a description of the mission1 scope1 and duration of use of members of the armed forces under this section4 4 #e4 ,consultation with ,congress 7#a7 ,in general ,chapter #ac of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bef4 ,consultation ,the ,president1 in every possible instance1 shall consult with ,congress before invoking the authority under section #bea1 #beb1 or #bec4 4 7#b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ac of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 #bef4 ,consultation4 4 #f4 ,termination and extension of authority under the ,insurrection ,act 7a7 ,in general ,chapter #ac of title #aj1 ,united ,states ,code1 as amended by section #e1 is further amended by adding at the end the following new section3 #beg4 ,termination of authority and expedited procedures for extension by joint resolution of ,congress 7a7 ,definitions ,in this section3 7#a7 #ad-;day period ,with respect to an invocation of authority under section #bea1 #beb1 or #bec1 the term #ad-;day period means1 as applicable-- 7,a7 in the case of an invocation of authority on a date on which ,congress is in session1 the period beginning on the date on which the ,president invokes such authority and ending on the date that is #ad calendar days after the date of such invocation2 or 7,b7 in the case of an invocation of authority on a date on which ,congress is adjourned1 the period beginning on the date on which the next session of ,congress commences and ending on the date that is #ad calendar days after the date of such commencement4 7#b7 ,joint resolution ,the term joint resolution means a joint resolution-- 7,a7 that is introduced with respect to the invocation of authority under section #bea1 #beb1 or #bec during the #ad-;day period2 7,b7 which does not have a preamble2 7,c7 the title of which is as follows3 ,joint resolution relating to the extension of authority for purposes of of title #aj1 ,united ,states ,code1 the blank space being filled in with whether the extension relates to the provision of ,federal aid for ,state governments under section #bea1 the use of militia and armed forces to enforce ,federal authority under section #beb1 or the suppression of interference with ,state and ,federal law under section #bec2 and 7,d7 the matter after the resolving clause of which is as follows3 ,that ,congress extends the authority to 1 invoked by the ,president on 41 the first blank space being filled in with whether the extension relates to the provision of ,federal aid for ,state governments1 the use of militia and armed forces to enforce ,federal authority1 or the suppression of interference with ,state and ,federal law1 and the second blank space being filled in with the date on which the ,president invoked such authority4 7b7 ,joint resolution enacted ,notwithstanding any other provision of this section1 if1 not later than the last day of the #ad-;day period1 there is enacted into law a joint resolution1 the period of such authority shall be extended for a period to be determined by ,congress and expressed in the joint resolution4 7c7 ,joint resolution not enacted ,notwithstanding any other provision of this section1 if a joint resolution is not enacted on or before the last day of the #ad-;day period-- 7#a7 such authority invoked by the ,president shall terminate2 and 7#b7 the ,president may not1 at any time after the #ad-;day period1 re-invoke authority under section #bea1 #beb1 or #bec1 unless there has been a material and significant change in factual circumstances1 and such circumstances are provided in a new certification to ,congress4 7d7 ,expedited consideration in ,house of ,representatives 7#a7 ,reconvening ,upon invocation by the ,president of the authority under section #bea1 #beb1 or #bec1 the ,speaker of the ,house of ,representatives1 if the ,house of ,representatives would otherwise be adjourned1 shall notify the ,members of the ,house of ,representatives that1 pursuant to this section1 the ,house of ,representatives shall convene not later than #c calendar days after the date of such invocation4 7#b7 ,reporting and discharge ,any committee of the ,house of ,representatives to which a joint resolution is referred shall report it to the ,house of ,representatives not later than #g calendar days after the last day of the #ad-;day period1 there is enacted into law a joint resolution4 ,if a committee fails to report the joint resolution within that period1 the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar4 7#c7 ,proceeding to consideration 7,a7 ,in general ,after each committee authorized to consider a joint resolution reports it to the ,house of ,representatives or has been discharged from its consideration1 it shall be in order1 not later than #g calendar days after the last day of the #ad-;day period1 to move to proceed to consider the joint resolution in the ,house of ,representatives4 7,b7 ,procedure ,for a motion to proceed to consider a joint resolution-- 7i7 all points of order against the motion are waived2 7ii7 such a motion shall not be in order after the ,house of ,representatives has disposed of a motion to proceed on the joint resolution2 7iii7 the previous question shall be considered as ordered on the motion to its adoption without intervening motion2 7iv7 the motion shall not be debatable2 and 7v7 a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7#d7 ,consideration ,if the ,house of ,representatives proceeds to consideration of a joint resolution-- 7,a7 the joint resolution shall be considered as read2 7,b7 all points of order against the joint resolution and against its consideration are waived2 7,c7 the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except #aj hours of debate equally divided and controlled by the proponent and an opponent2 7,d7 an amendment to the joint resolution shall not be in order2 and 7,e7 a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7e7 ,expedited consideration in ,senate 7#a7 ,reconvening ,upon invocation by the ,president of the authority under section #bea1 #beb1 or #bec1 if the ,senate has adjourned or recessed for more than #b calendar days1 the majority leader of the ,senate1 after consultation with the minority leader of the ,senate1 shall notify the ,members of the ,senate that1 pursuant to this section1 the ,senate shall convene not later than #c calendar days after the date of such invocation4 7#b7 ,placement on calendar ,upon introduction in the ,senate1 the joint resolution shall be placed immediately on the calendar4 7#c7 ,proceeding to consideration 7,a7 ,in general ,notwithstanding rule ,,xxii of the ,standing ,rules of the ,senate1 it is in order1 not later than #g calendar days after the last day of the #ad-;day period 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of a joint resolution4 7,b7 ,procedure ,for a motion to proceed to the consideration of a joint resolution-- 7i7 all points of order against the motion are waived2 7ii7 the motion is not debatable2 7iii7 the motion is not subject to a motion to postpone2 7iv7 a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order2 and 7v7 if the motion is agreed to1 the joint resolution shall remain the unfinished business until disposed of4 7#d7 ,floor consideration 7,a7 ,in general ,if the ,senate proceeds to consideration of a joint resolution-- 7i7 all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived2 7ii7 consideration of the joint resolution1 and all debatable motions and appeals in connection therewith1 shall be limited to not more than #aj hours1 which shall be divided equally between the majority and minority leaders or their designees2 7iii7 a motion further to limit debate is in order and not debatable2 7iv7 an amendment to1 a motion to postpone1 or a motion to commit the joint resolution is not in order2 and 7v7 a motion to proceed to the consideration of other business is not in order4 7,b7 ,vote on passage ,the vote on passage shall occur immediately following the conclusion of the consideration of a joint resolution1 and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the ,senate4 7,c7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of this subsection or the rules of the ,senate1 as the case may be1 to the procedure relating to a joint resolution shall be decided without debate4 7f7 ,rules relating to ,senate and ,house of ,representatives 7#a7 ,coordination with action by other house ,if1 before the passage by one ,house of a joint resolution of that ,house1 that ,house receives from the other ,house a joint resolution-- 7,a7 the joint resolution of the other ,house shall not be referred to a committee2 and 7,b7 with respect to a joint resolution of the ,house receiving the resolution-- 7i7 the procedure in that ,house shall be the same as if no joint resolution had been received from the other ,house2 and 7ii7 the vote on passage shall be on the joint resolution of the other ,house4 7#b7 ,treatment of joint resolution of other ,house ,if one ,house fails to introduce or consider a joint resolution under this subsection1 the joint resolution of the other ,house shall be entitled to expedited floor procedures under this section4 7#c7 ,treatment of companion measures ,if1 following passage of a joint resolution in the ,senate1 the ,senate receives the companion measure from the ,house of ,representatives1 the companion measure shall not be debatable4 7#d7 ,consideration after passage 7,a7 ,period pending with president ,if ,congress passes a joint resolution-- 7i7 the period beginning on the date on which the ,president is presented with the joint resolution and ending on the date on which the ,president signs1 allows to become law without signature1 or vetoes and returns the joint resolution 7but excluding days when either ,house is not in session7 shall be disregarded in determining whether the joint resolution was enacted before the last day of the #ad-;day period2 and 7ii7 the date that is the number of days in the period described in clause 7i7 after the #ad-;day period shall be substituted for the #ad-;day period for purposes of subsections 7b7 and 7c74 7,b7 ,vetoes ,if the ,president vetoes the joint resolution1 consideration of a veto message in the ,senate under this section shall be not more than #b hours equally divided between the majority and minority leaders or their designees4 7g7 ,rules of ,house of ,representatives and ,senate ,subsections 7d7 and 7e7 and paragraphs 7#a71 7#b71 7#c71 and 7#d77;,b7 of subsection 7f7 are enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,senate and ,house of ,representatives1 respectively1 and as such are deemed a part of the rules of each ,house1 respectively1 but applicable only with respect to the procedure to be followed in that ,house in the case of a joint resolution1 and supersede other rules only to the extent that they are inconsistent with such rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ac of title #aj1 ,united ,states ,code1 as amended by section #e1 is further amended by adding at the end the following3 #beg4 ,termination of authority and expedited procedures for extension by joint resolution of ,congress4 4 #g4 ,judicial review for injury resulting from use of the armed forces under the ,insurrection ,act 7a7 ,in general ,chapter #ac of title #aj1 ,united ,states ,code1 as amended by section #f1 is further amended by adding at the end the following new section3 #beh4 ,judicial review 7a7 ,in general ,notwithstanding1 and without prejudice to1 any other provision of law1 any individual or entity 7including a ,state or local government7 that is injured by1 or has a credible fear of injury from1 the use of members of the armed forces under this chapter may bring a civil action for declaratory or injunctive relief4 ,in any action under this section1 the district court shall have jurisdiction to decide any question of law or fact arising under this chapter1 including challenges to the legal basis for members of the armed forces to be acting under this chapter4 7b7 ,expedited consideration ,it shall be the duty of the applicable district court of the ,united ,states and the ,supreme ,court of the ,united ,states to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section4 7c7 ,appeals 7#a7 ,in general ,the ,supreme ,court of the ,united ,states shall have jurisdiction of an appeal from a final decision of a district court of the ,united ,states in a civil action brought under this section4 7#b7 ,filing deadline ,a party shall file an appeal under paragraph 7#a7 not later than #cj days after the court issues a final decision under subsection 7a74 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ac of title #aj1 ,united ,states ,code1 as amended by section #f1 is further amended by adding at the end the following3 #beh4 ,judicial review4 4 #h4 ,restriction on direct participation by military personnel ,section #bge of title #aj1 ,united ,states ,code1 is amended to read as follows3 #bge4 ,restriction on direct participation by military personnel 7a7 ,in general ,no activity 7including the provision of any equipment or facility or the assignment or detail of any personnel7 under this title shall include or permit direct participation by a member of the ,army1 ,navy1 ,air ,force1 or ,marine ,corps in a search1 seizure1 arrest1 or other similar activity unless participation in such activity by such member is otherwise expressly authorized by law4 7b7 ,regulations ,the ,secretary of ,defense shall prescribe such regulations as may be necessary to ensure compliance with subsection 7a74 4