[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2070 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2070
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
June 12, 2025
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. Coons,
Mr. Welch, Mr. Merkley, Mr. Kim, Mr. Hickenlooper, and Mr. Warner)
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 2025''.
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.''.
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