Civil Deployment Notification Act of 2020

I 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 con- gressional 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Civil Deployment Noti- 4 fication Act of 2020.’’ 5 VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7215 IH SEC. 2. CONGRESSIONAL NOTIFICATION AND TERMI- 1 NATION REQUIREMENTS FOR USE OF AU- 2 THORITY UNDER INSURRECTION ACT. 3 (a) FEDERAL AID FOR STATE GOVERNMENTS.—Sec- 4 tion 251 of title 10, United States Code, is amended— 5 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a) 6 IN GENERAL.—Subject to section 256 of this title 7 and subsection (b), whenever’’; and 8 (2) by adding at the end the following new sub- 9 sections: 10 ‘‘(b) NOTIFICATION REQUIREMENT.—The President 11 may only exercise the authority under subsection (a) after 12 submitting to the appropriate members of Congress notice 13 of the intent to exercise such authority together with the 14 justification of the President for exercising such authority. 15 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—In 16 this section, the term ‘appropriate members of Congress’ 17 means— 18 ‘‘(1) the chair and ranking minority member 19 of— 20 ‘‘(A) the Committees on Armed Services of 21 the Senate and House of Representatives; 22 ‘‘(B) the Committee on Homeland Security 23 of the House of Representatives; 24 ‘‘(C) the Committee on Homeland Security 25 and Governmental Affairs of the Senate; and 26 VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7215 IH ‘‘(D) the Committees on the Judiciary of 1 the Senate and House of Representatives; 2 ‘‘(2) the Speaker and minority leader of the 3 House of Representatives; 4 ‘‘(3) the majority and minority leaders of the 5 Senate; and 6 ‘‘(4) such other member or members of the con- 7 gressional leadership as may be included by the 8 President.’’. 9 (b) USE OF MILITIA AND ARMED FORCES TO EN- 10 FORCE FEDERAL AUTHORITY.—Section 252 of title 10, 11 United States Code, is amended— 12 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a) 13 IN GENERAL.—Subject to section 256 of this title 14 and subsection (b), whenever’’; and 15 (2) by adding at the end the following new sub- 16 sections: 17 ‘‘(b) NOTIFICATION REQUIREMENT.—The President 18 may only exercise the authority under subsection (a) after 19 submitting to the appropriate members of Congress notice 20 of the intent to exercise such authority together with the 21 justification of the President for exercising such authority. 22 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—In 23 this section, the term ‘appropriate members of Congress’ 24 means— 25 VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7215 IH ‘‘(1) the chair and ranking minority member 1 of— 2 ‘‘(A) the Committees on Armed Services of 3 the Senate and House of Representatives; 4 ‘‘(B) the Committee on Homeland Security 5 of the House of Representatives; 6 ‘‘(C) the Committee on Homeland Security 7 and Governmental Affairs of the Senate; and 8 ‘‘(D) the Committees on the Judiciary of 9 the Senate and House of Representatives; 10 ‘‘(2) the Speaker and minority leader of the 11 House of Representatives; 12 ‘‘(3) the majority and minority leaders of the 13 Senate; and 14 ‘‘(4) such other member or members of the con- 15 gressional leadership as may be included by the 16 President.’’. 17 (c) USE OF MILITIA AND ARMED FORCES TO EN- 18 FORCE FEDERAL AUTHORITY.—Section 253 of title 10, 19 United States Code, is amended— 20 (1) by striking ‘‘The President’’ and inserting 21 ‘‘(a) IN GENERAL.—(1) Subject to section 256 of 22 this title and subsection (b), the President’’; 23 (2) by redesignating paragraphs (1) and (2) as 24 subparagraphs (A) and (B), respectively; 25 VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7215 IH (3) by inserting ‘‘(2)’’ before ‘‘In any situa- 1 tion’’; 2 (4) by striking ‘‘clause (1)’’ and inserting 3 ‘‘paragraph (1)(A)’’; and 4 (5) by adding at the end the following new sub- 5 sections: 6 ‘‘(b) NOTIFICATION REQUIREMENT.—The President 7 may only exercise the authority under subsection (a) after 8 submitting to the appropriate members of Congress notice 9 of the intent to exercise such authority together with the 10 justification of the President for exercising such authority. 11 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—In 12 this section, the term ‘appropriate members of Congress’ 13 means— 14 ‘‘(1) the chair and ranking minority member 15 of— 16 ‘‘(A) the Committees on Armed Services of 17 the Senate and House of Representatives; 18 ‘‘(B) the Committee on Homeland Security 19 of the House of Representatives; 20 ‘‘(C) the Committee on Homeland Security 21 and Governmental Affairs of the Senate; and 22 ‘‘(D) the Committees on the Judiciary of 23 the Senate and House of Representatives; 24 VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7215 IH ‘‘(2) the Speaker and minority leader of the 1 House of Representatives; 2 ‘‘(3) the majority and minority leaders of the 3 Senate; and 4 ‘‘(4) such other member or members of the con- 5 gressional leadership as may be included by the 6 President.’’. 7 (d) TERMINATION.— 8 (1) IN GENERAL.—Chapter 13 of title 10, 9 United States Code, is amended by adding at the 10 end the following new section: 11 ‘‘§ 256. Termination of authority 12 ‘‘Authority exercised under section 251, 252, or 253 13 of this title shall terminate on the date that is 14 days 14 after the first day on which such authority is exercised 15 unless such authority is specifically extended pursuant to 16 the enactment of a law or joint resolution.’’. 17 (2) CLERICAL AMENDMENT.—The table of sec- 18 tions at the beginning of such chapter is amended 19 by inserting after the item relating to section 255 20 the following new item: 21 ‘‘256. Termination of authority.’’. Æ VerDate Sep 11 2014 21:19 Jul 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H7215.IH H7215 pamtmann on DSKBC07HB2PROD with BILLS