[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5231-S5233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3448. Mr. BLUMENTHAL (for himself, Mr. Padilla, Mr. Schiff, Mr.
Booker, Mr. Wyden, Mrs. Gillibrand, Ms. Duckworth, Mr. Van Hollen, Mr.
Markey, Ms. Hirono, Ms. Warren, Ms. Slotkin, Ms. Baldwin, Mr. Sanders,
Mr. Welch, Mr. Merkley, Mr. Kim, Mr. Hickenlooper, Mr. Warner, Mr.
Kelly, Mr. Reed, and Mr. Gallego) submitted an amendment intended to be
proposed by him to the bill S. 2296, to authorize appropriations for
fiscal year 2026 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 H of title V, add the following:
SEC. 586. 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.
[[Page S5232]]
``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;
[[Page S5233]]
``(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.''.
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