1. Short title
This Act may be cited as the “Civil Deployment Notification Act of 2020.”
Civil Deployment Notification Act of 2020
A BILL
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.
2. Congressional notification and termination requirements for use of authority under Insurrection Act
Federal aid for State governments— Section 251 of title 10, United States Code, is amended—
by striking “Whenever” and inserting “(a) In general.—Subject to section 256 of this title and subsection (b), whenever”; and
by adding at the end the following new subsections:
“(b) Notification requirement—The President may only exercise the authority under subsection (a) after submitting to the appropriate members of Congress notice of the intent to exercise such authority together with the justification of the President for exercising such authority.
“(c) Appropriate members of Congress—In this section, the term “appropriate members of Congress” means—
“(1) the chair and ranking minority member of—
“(A) the Committees on Armed Services of the Senate and House of Representatives;
“(B) the Committee on Homeland Security of the House of Representatives;
“(C) the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(D) the Committees on the Judiciary of the Senate and House of Representatives;
“(2) the Speaker and minority leader of the House of Representatives;
“(3) the majority and minority leaders of the Senate; and
“(4) such other member or members of the congressional leadership as may be included by the President.”
Use of militia and armed forces To enforce Federal authority— Section 252 of title 10, United States Code, is amended—
by striking “Whenever” and inserting “(a) In general.—Subject to section 256 of this title and subsection (b), whenever”; and
by adding at the end the following new subsections:
“(b) Notification requirement—The President may only exercise the authority under subsection (a) after submitting to the appropriate members of Congress notice of the intent to exercise such authority together with the justification of the President for exercising such authority.
“(c) Appropriate members of Congress—In this section, the term “appropriate members of Congress” means—
“(1) the chair and ranking minority member of—
“(A) the Committees on Armed Services of the Senate and House of Representatives;
“(B) the Committee on Homeland Security of the House of Representatives;
“(C) the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(D) the Committees on the Judiciary of the Senate and House of Representatives;
“(2) the Speaker and minority leader of the House of Representatives;
“(3) the majority and minority leaders of the Senate; and
“(4) such other member or members of the congressional leadership as may be included by the President.”
Use of militia and armed forces To enforce Federal authority— Section 253 of title 10, United States Code, is amended—
by striking “The President” and inserting “(a) In general.—(1) Subject to section 256 of this title and subsection (b), the President”;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
by inserting “(2)” before “In any situation”;
by striking “clause (1)” and inserting “paragraph (1)(A)”; and
by adding at the end the following new subsections:
“(b) Notification requirement—The President may only exercise the authority under subsection (a) after submitting to the appropriate members of Congress notice of the intent to exercise such authority together with the justification of the President for exercising such authority.
“(c) Appropriate members of Congress—In this section, the term “appropriate members of Congress” means—
“(1) the chair and ranking minority member of—
“(A) the Committees on Armed Services of the Senate and House of Representatives;
“(B) the Committee on Homeland Security of the House of Representatives;
“(C) the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(D) the Committees on the Judiciary of the Senate and House of Representatives;
“(2) the Speaker and minority leader of the House of Representatives;
“(3) the majority and minority leaders of the Senate; and
“(4) such other member or members of the congressional leadership as may be included by the President.”
Termination—
In general— Chapter 13 of title 10, United States Code, is amended by adding at the end the following new section:
“256. Termination of authority
“Authority exercised under section 251, 252, or 253 of this title shall terminate on the date that is 14 days after the first day on which such authority is exercised unless such authority is specifically extended pursuant to the enactment of a law or joint resolution.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 255 the following new item: