[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4676-S4678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2350. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 4638, to authorize appropriations for 
fiscal year 2025 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle E of title X, add the following:

     SEC. 1049. LIMITED AUTHORITY TO USE THE ARMED FORCES TO 
                   SUPPRESS INSURRECTION OR REBELLION AND QUELL 
                   DOMESTIC VIOLENCE.

       (a) Short Title.-- This section may be cited as the 
     ``Insurrection Act of 2024''.
       (b) 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.
       (c) 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.

[[Page S4677]]

       ``(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

[[Page S4678]]

     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.''.
       (d) 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.''.
                                 ______