[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4699 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4699

   To provide limited authority to use the Armed Forces to suppress 
         insurrection or rebellion and quell domestic violence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

Mr. Blumenthal introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To provide limited authority to use the Armed Forces to suppress 
         insurrection or rebellion and quell domestic violence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insurrection Act of 2024''.

SEC. 2. LIMITED AUTHORITY TO USE THE ARMED FORCES TO SUPPRESS 
              INSURRECTION OR REBELLION AND QUELL DOMESTIC VIOLENCE.

    (a) Statement of Constitutional Authority.--This section represents 
an exercise of Congress's authorities under--
            (1) clauses 14, 15, 16, and 18 of section 8 of article I of 
        the Constitution of the United States;
            (2) section 4 of article IV of the Constitution of the 
        United States; and
            (3) section 5 of the 14th Amendment to the Constitution of 
        the United States.
    (b) Amendments to Insurrection Provisions in Title 10, United 
States Code.--Chapter 13 of title 10, United States Code, is amended by 
striking sections 251 through 255 and inserting the following new 
sections:
``Sec. 251. Statement of policy
    ``It is the policy of the United States that domestic deployment of 
the armed forces for the purposes set forth in this chapter should be a 
last resort and should be ordered only if State and local authorities 
in the State concerned are unable or otherwise fail to suppress the 
insurrection or rebellion, quell the domestic violence, or enforce the 
laws that are being obstructed, and Federal civilian law enforcement 
authorities are unable to do so.
``Sec. 252. Triggering circumstances
    ``(a) In General.--The authorities granted to the President by 
section 253 may be exercised only if--
            ``(1) there is an insurrection or rebellion in a State--
                    ``(A) against the State or local government, in 
                such numbers, or with such force or capacity, as to 
                overwhelm State or local authorities, and the chief 
                executive of the State requests assistance under this 
                chapter; or
                    ``(B) against the Government of the United States, 
                in such numbers, or with such force or capacity, as to 
                overwhelm State or local authorities;
            ``(2) there is domestic violence in a State that is 
        sufficiently widespread or severe as to overwhelm State or 
        local authorities, and the chief executive of the State, or 
        super majority of the State legislature, requests assistance 
        under this chapter; or
            ``(3) there is, within a State--
                    ``(A) obstruction of the execution of State or 
                Federal law that has the effect of depriving any party 
                or class of the people of that State of a right, 
                privilege, immunity, or protection named in the 
                Constitution and secured by law, and State or local 
                authorities or Federal civilian law enforcement 
                personnel are unable, fail, or refuse to protect that 
                right, privilege, or immunity, or to give that 
                protection;
                    ``(B) obstruction of the execution of Federal law 
                by private actors where such obstruction creates an 
                immediate threat to public safety and the use of State 
                or local authorities and Federal civilian law 
                enforcement personnel is insufficient to ensure 
                execution of the law and--
                            ``(i) the private actors are in such 
                        numbers, or with such force or capacity, as to 
                        overwhelm State or local authorities and 
                        Federal civilian law enforcement personnel; or
                            ``(ii) State or local authorities and 
                        Federal civilian law enforcement personnel 
                        otherwise fail to address the obstruction; or
                    ``(C) obstruction of the execution of Federal law 
                by the State or its agents, where the use of Federal 
                civilian law enforcement personnel is insufficient to 
                ensure execution of the law.
    ``(b) Rules of Construction.--(1) Subsection (a)(3)(A) shall be 
construed to encompass the obstruction of any provision of the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.) or section 2004 of the 
Revised Statutes (52 U.S.C. 10101) regarding protection of the right to 
vote. Any deployment of the armed forces in such circumstances shall be 
subject to section 2003 of the Revised Statutes (52 U.S.C. 10102), 
sections 592 and 593 of title 18, and any other applicable statutory 
limitations designed to protect the right to vote.
    ``(2) In any situation covered by subsection (a)(3)(A), the State 
shall be considered to have denied the equal protection of the laws 
secured by the Constitution.
``Sec. 253. Authority of the President
    ``(a) In General.--Subject to subsection (b) and sections 254 
through 257, the President may, if the conditions specified in section 
252 are met, order to active duty any reserve component forces and use 
the armed forces to suppress the insurrection or rebellion, quell the 
domestic violence, or enforce the laws that are being obstructed.
    ``(b) Limitations.--(1) During any deployment of the armed forces 
under subsection (a), the armed forces shall remain subordinate to the 
chain of command prescribed in section 162(b) of this title.
    ``(2) Any part of the armed forces employed to suppress an 
insurrection or rebellion, quell domestic violence, or enforce the law 
under the authorities granted by subsection (a) must operate under the 
Standing Rules for the Use of Force.
    ``(3) Nothing in this chapter shall be construed to authorize--
    ``(A) suspension of the writ of habeas corpus; or
    ``(B) any action that violates Federal law or, where consistent 
with Federal law, State law.
    ``(c) Standing Rules for the Use of Force.--In this section, the 
term `Standing Rules for the Use of Force' means Chairman of the Joint 
Chiefs of Staff Instruction (CJCSI) 3121.01B, dated June 13, 2005, and 
entitled, `Standing Rules of Engagement/Standing Rules for the Use of 
Force for U.S. Forces', or any successor instruction.
``Sec. 254. Consultation with Congress; proclamation to disperse; 
              reporting requirement; effective periods of authorities
    ``(a) Consultation.--The President shall, to the maximum extent 
practicable, consult with Congress before exercising the authorities 
granted under section 253.
    ``(b) Proclamation.--Before exercising the authorities granted by 
section 253, the President shall, by proclamation immediately 
transmitted to Congress and the Federal Register--
            ``(1) specify which paragraph and, where applicable, 
        subparagraph and clause, of section 252(a) provides the basis 
        for such exercise of authority; and
            ``(2) order the lawbreakers to disperse peaceably within a 
        reasonable, limited time period.
    ``(c) Report.--Contemporaneously with the proclamation required 
under subsection (b), the President shall submit to the President pro 
tempore of the Senate and the Speaker of the House of Representatives a 
written report setting forth the following:
            ``(1) The circumstances necessitating the exercise of the 
        authorities granted to the President by section 253.
            ``(2) Where applicable, a certification by the Attorney 
        General of the United States that the chief executive of the 
        State in question has requested assistance under this chapter 
        or that State authorities are unable or have otherwise failed 
        to address the circumstances necessitating exercise of the 
        President's authorities under section 253.
            ``(3) Certification by the Attorney General of the United 
        States that options other than the use of the armed forces have 
        been exhausted, or that those options would likely be 
        insufficient to resolve the situation and that delay would 
        likely cause significant harm.
            ``(4) A description of the size, mission, scope, and 
        expected duration of the use of the armed forces, with a 
        certification by the relevant Service Secretary or Secretaries 
        that, in their best military advice and opinion, the armed 
        forces to be called for duty are trained, equipped, and able to 
        complete the assigned mission.
``Sec. 255. Congressional approval
    ``(a) Temporary Effective Periods.--(1) Any authority made 
available under section 253 shall terminate 7 days after the President 
makes the proclamation required under section 254(b) unless--
            ``(A) there is enacted into law a joint resolution of 
        approval under subsection (b) with respect to the proclamation; 
        or
            ``(B) there is a material and significant change in factual 
        circumstances that are set forth in a new proclamation and 
        report to Congress as provided in subsections (b) and (c) of 
        section 254.
    ``(2) Notwithstanding subparagraphs (A) and (B) of paragraph (1), 
no authority may be exercised after the 7-day period described in such 
paragraph if the exercise of authority has been enjoined by a court of 
competent jurisdiction.
    ``(3) If Congress is physically unable to convene as a result of an 
insurrection, rebellion, domestic violence, or obstruction of law 
described in a proclamation issued pursuant to section 254(b), the 7-
day period described in paragraph (1) shall begin on the first day 
Congress convenes for the first time after the insurrection, rebellion, 
domestic violence, or obstruction of law.
    ``(b) Effect of a Joint Resolution of Approval.--If there is 
enacted into law a joint resolution of approval as defined in 
subsection (d), then any authority made available under this chapter 
may be exercised with respect to the insurrection, rebellion, or 
domestic violence described in the proclamation that is the subject of 
such resolution for 14 days from the date of the enactment of such 
resolution, except that such exercise of authority must terminate if 
enjoined by a court of competent jurisdiction on the ground that it 
violates the terms of this chapter, the Constitution of the United 
States, or other applicable Federal law.
    ``(c) Renewal of Joint Resolutions of Approval.--An exercise of 
authority subject to a joint resolution of approval may not be 
exercised for longer than 14 days, unless--
            ``(1) there is enacted into law another joint resolution of 
        approval renewing the President's authority pursuant to section 
        253; or
            ``(2) there has been a material and significant change in 
        factual circumstances that are set forth in a new proclamation 
        and report to Congress as provided in subsections (b) and (c) 
        of section 254.
    ``(d) Joint Resolution of Approval Defined.--In this section, the 
term `joint resolution of approval' means a joint resolution that 
contains only the following provisions after its resolving clause:
            ``(1) A provision approving the exercise of authority 
        specified by the President in a proclamation made under 
        subsection (b) of section 254.
            ``(2) A statement that the exercise of authority may 
        continue for a period of 14 days unless enjoined by a court of 
        competent jurisdiction on the ground that it violates the terms 
        of this chapter, the Constitution of the United States, or 
        other applicable Federal or State law.
    ``(e) Procedures for Consideration of Joint Resolutions of 
Approval.--
            ``(1) Introduction.--A joint resolution of approval may be 
        introduced in either House of Congress by any member of that 
        House at any time that authority under section 253 is in effect 
        pursuant to a proclamation made under section 254(b) or a joint 
        resolution of approval enacted into law pursuant to subsection 
        (b).
            ``(2) Requests to convene congress during recesses.--If, 
        when the President transmits to Congress a proclamation under 
        section 254(b) or at any time that authority under section 253 
        is in effect as described in paragraph (1), Congress has 
        adjourned sine die or has adjourned for any period in excess of 
        3 calendar days, the majority leader of the Senate and the 
        Speaker of the House of Representatives, or their respective 
        designees, acting jointly after consultation with and with the 
        concurrence of the minority leader of the Senate and the 
        minority leader of the House, shall notify the Members of the 
        Senate and House, respectively, to reassemble at such place and 
        time as they may designate if, in their opinion, the public 
        interest shall warrant it.
            ``(3) Committee referral.--A joint resolution of approval 
        shall be referred in each House of Congress to the committee or 
        committees having jurisdiction over the emergency authorities 
        invoked by the proclamation under section 254(b) that are the 
        subject of the joint resolution.
            ``(4) Consideration in senate.--In the Senate, the 
        following shall apply:
                    ``(A) Reporting and discharge.--If the committee to 
                which a joint resolution of approval has been referred 
                has not reported it at the end of 3 calendar days after 
                its introduction, that committee shall be automatically 
                discharged from further consideration of the resolution 
                and it shall be placed on the calendar.
                    ``(B) Proceeding to consideration.--Notwithstanding 
                Rule XXII of the Standing Rules of the Senate, when the 
                committee to which a joint resolution of approval is 
                referred has reported the resolution, or when that 
                committee is discharged under subparagraph (A) from 
                further consideration of the resolution, it is at any 
                time thereafter in order (even though a previous motion 
                to the same effect has been disagreed to) for a motion 
                to proceed to the consideration of the joint 
                resolution, and all points of order against the joint 
                resolution (and against consideration of the joint 
                resolution) are waived. The motion to proceed is 
                subject to 4 hours of debate divided evenly between 
                those favoring and those opposing the joint resolution 
                of approval. The motion is not subject to amendment, or 
                to a motion to postpone, or to a motion to proceed to 
                the consideration of other business.
                    ``(C) Floor consideration.--A joint resolution of 
                approval shall be subject to 10 hours of consideration, 
                to be divided evenly between those favoring and those 
                opposing the joint resolution of approval.
                    ``(D) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval.
                    ``(E) Motion to reconsider final vote.--A motion to 
                reconsider a vote on passage of a joint resolution of 
                approval shall not be in order.
                    ``(F) Appeals.--Points of order, including 
                questions of relevancy, and appeals from the decision 
                of the Presiding Officer, shall be decided without 
                debate.
            ``(5) Consideration in house of representatives.--In the 
        House of Representatives, the following shall apply:
                    ``(A) Reporting and discharge.--If any committee to 
                which a joint resolution of approval has been referred 
                has not reported it to the House within 3 calendar days 
                after the date of referral, such committee shall be 
                discharged from further consideration of the joint 
                resolution.
                    ``(B) Proceeding to consideration.--
                            ``(i) In general.--Beginning on the third 
                        legislative day after each committee to which a 
                        joint resolution of approval has been referred 
                        reports it to the House or has been discharged 
                        from further consideration of the joint 
                        resolution, and except as provided in clause 
                        (ii), it shall be in order to move to proceed 
                        to consider the joint resolution in the House. 
                        The previous question shall be considered as 
                        ordered on the motion to its adoption without 
                        intervening motion. The motion shall not be 
                        debatable. A motion to reconsider the vote by 
                        which the motion is disposed of shall not be in 
                        order.
                            ``(ii) Subsequent motions to proceed to 
                        joint resolution of approval.--A motion to 
                        proceed to consider a joint resolution of 
                        approval shall not be in order after the House 
                        has disposed of another motion to proceed on 
                        that resolution.
                    ``(C) Floor consideration.--Upon adoption of the 
                motion to proceed in accordance with subparagraph 
                (B)(i), the joint resolution of approval shall be 
                considered as read. The previous question shall be 
                considered as ordered on the joint resolution to final 
                passage without intervening motion except 2 hours of 
                debate, equally divided and controlled by the sponsor 
                of the joint resolution (or a designee) and an 
                opponent. A motion to reconsider the vote on passage of 
                the joint resolution shall not be in order.
                    ``(D) Amendments.--No amendments shall be in order 
                with respect to a joint resolution of approval.
            ``(6) Receipt of resolution from other house.--If, before 
        passing a joint resolution of approval, one House receives a 
        joint resolution of approval from the other House, then--
                    ``(A) the joint resolution of the other House shall 
                not be referred to a committee and shall be deemed to 
                have been discharged from committee on the day it is 
                received; and
                    ``(B) the procedures set forth in paragraphs (4) 
                and (5), as applicable, shall apply in the receiving 
                House to the joint resolution received from the other 
                House to the same extent as such procedures apply to a 
                joint resolution of the receiving House.
    ``(f) Rule of Construction.--The enactment of a joint resolution of 
approval under this section shall not be interpreted to serve as a 
grant or modification by Congress of statutory authority of the 
President.
    ``(g) Rules of the House and Senate.--This section is enacted by 
Congress--
            ``(1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        the House in the case of joint resolutions described in this 
        section, and supersedes other rules only to the extent that it 
        is inconsistent with such other rules; and
            ``(2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
``Sec. 256. Termination of authority
    ``(a) In General.--Any exercise of authority specified by the 
President in a proclamation made under subsection (b) of section 254 
shall terminate on the earliest of--
            ``(1) the date provided for in section 255(a);
            ``(2) the date provided for in section 255(b);
            ``(3) the date specified in an Act of Congress terminating 
        the authority;
            ``(4) the date specified in a proclamation of the President 
        terminating the emergency; or
            ``(5) the date of a revocation of a request for assistance 
        under this chapter by the chief executive of the State in 
        question.
    ``(b) Effect of Termination.--
            ``(1) In general.--Effective on the date of the termination 
        of authority under subsection (a)--
                    ``(A) except as provided by paragraph (2), any 
                powers or authorities exercised by reason of the 
                authority shall cease to be exercised;
                    ``(B) any amounts reprogrammed or transferred under 
                any provision of law with respect to the exercise of 
                authority that remain unobligated on that date shall be 
                returned and made available for the purpose for which 
                such amounts were appropriated; and
                    ``(C) any contracts entered into under any 
                provision of law relating to the execution of authority 
                shall be terminated.
            ``(2) Savings provision.--The termination of an exercise of 
        authority under this chapter shall not affect--
                    ``(A) any legal action taken or pending legal 
                proceeding not finally concluded or determined on the 
                date of the termination under subsection (a);
                    ``(B) any legal action or legal proceeding based on 
                any act committed prior to that date; or
                    ``(C) any rights or duties that matured or 
                penalties that were incurred prior to that date.
``Sec. 257. Judicial review
    ``(a) In General.--Notwithstanding, and without prejudice to, any 
other provision of law, any individual or entity (including a State or 
local government) that is injured by, or has a credible fear of injury 
from, the use of members of the armed forces under this chapter may 
bring a civil action for declaratory or injunctive relief. In any 
action under this section, the district court shall have jurisdiction 
to decide any question of law or fact arising under this chapter, 
including challenges to the legal basis for members of the armed forces 
to be acting under this chapter.
    ``(b) Standard of Review.--A determination that the conditions 
specified in section 252 are met shall be upheld if supported by 
substantial evidence.
    ``(c) 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 section.
    ``(d) Appeals.--
            ``(1) 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 section.
            ``(2) Filing deadline.--A party shall file an appeal under 
        paragraph (1) not later than 30 days after the court issues a 
        final decision under subsection (a).
``Sec. 258. State defined
    ``For purposes of this chapter, the term `State' includes the 
Commonwealth of Puerto Rico, the District of Columbia, Guam, and the 
Virgin Islands.
``Sec. 259. Limitation on use of National Guard members performing 
              training or other duty for certain purposes
    ``A member of the National Guard performing training or other duty 
under section 502(a) or (f) of title 32 may not be used to suppress a 
domestic insurrection or rebellion, quell domestic violence, or enforce 
the law.''.
    (c) Conforming Amendments.--
            (1) Use of state defense forces.--Section 109(c) of title 
        32, United States Code, is amended by inserting ``, except as 
        provided by section 253 of title 10'' after ``armed forces''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 13 of title 10, United States Code, is 
        amended to read as follows:

``Sec.
``251. Statement of policy.
``252. Triggering circumstances.
``253. Authority of the President.
``254. Consultation with Congress; proclamation to disperse; reporting 
                            requirement; effective periods of 
                            authorities.
``255. Congressional approval.
``256. Termination.
``257. Judicial review.
``258. State defined.
``259. Limitation on use of National Guard members performing training 
                            or other duty for certain purposes.''.
                                 <all>