Sec. 1052. Curtailing Insurrection Act Violations of Individuals’ Liberties
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/bill/116/hr/6395/eh/section-1052·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 251 of title 10, United States Code, is amended— by striking Whenever and inserting
(a); and In general.— Whenever by adding at the end the following new subsection: The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection described in subsection (a). A certification under paragraph
(1)shall include the following: A description of the circumstances necessitating the invocation of the authority under this section. Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, and a legal justification for resorting to the authority under this section to so suppress. A description of the mission, scope, and duration of use of members of the armed forces under this section. . Section 252 of title 10, United States Code, is amended to read as follows: Whenever unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, the President may call into Federal service such of the militia of any State, and use such of the armed forces, as the President considers necessary to enforce those laws or to suppress the rebellion. The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States described in subsection (a). A certification under paragraph
(1)shall include the following: A description of the circumstances necessitating the invocation of the authority under this section. Demonstrable evidence that the State concerned is unable or unwilling to suppress such unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States, and a legal justification for resorting to the authority under this section to so suppress. A description of the mission, scope, and duration of use of members of the armed forces under this section. . Section 253 of title 10, United States Code, is amended— by striking The President and inserting
(a); Authority.—
(1)The President by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; by striking In any situation covered by clause (1), and inserting
(2)In any situation covered by paragraph (1)(A), ; and by adding at the end the following new subsection: The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection, domestic violence, unlawful combination, or conspiracy, as described in subsection (a). A certification under paragraph
(1)shall include the following: A description of the circumstances necessitating the invocation of the authority under this section. Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, domestic violence, unlawful combination, or conspiracy, and a legal justification for resorting to the authority under this section to so suppress. A description of the mission, scope, and duration of use of members of the armed forces under this section. . Chapter 13 of title 10, United States Code, is amended by adding at the end the following new section: The President, in every possible instance, shall consult with Congress before invoking the authority under section 251, 252, or 253 of this title. . The table of sections at the beginning of chapter 13 of title 10, United States Code, is amended by adding at the end the following new item: 256. Consultation. . Such chapter is further amended by adding at the end the following new section: No activity under this chapter shall permit direct participation by a member of the Army, Navy, Air Force, Marine Corps, or Space Force in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise expressly authorized by law. The Secretary of Defense shall prescribe such regulations as may be necessary to ensure compliance with subsection (a). Nothing in this section shall be construed to limit authority of law enforcement personnel of the armed forces on Federal military installations . The table of sections at the beginning of such chapter is further amended by adding at the end the following new item: 257. Restriction on direct participation by military personnel. .