II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Insurrection Act of 

5 2024’’. 


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1 SEC. 2. LIMITED AUTHORITY TO USE THE ARMED FORCES 

2 TO SUPPRESS INSURRECTION OR REBELLION 

3 AND QUELL DOMESTIC VIOLENCE. 

4 (a) STATEMENT OF CONSTITUTIONAL AUTHORITY.— 

5 This section represents an exercise of Congress’s authori6 ties under— 

7 (1) clauses 14, 15, 16, and 18 of section 8 of 

8 article I of the Constitution of the United States; 

9 (2) section 4 of article IV of the Constitution 

10 of the United States; and 

11 (3) section 5 of the 14th Amendment to the 

12 Constitution of the United States. 

13 (b) AMENDMENTS TO INSURRECTION PROVISIONS IN

14 TITLE 10, UNITED STATES CODE.—Chapter 13 of title 

15 10, United States Code, is amended by striking sections 

16 251 through 255 and inserting the following new sections: 

17 ‘‘§ 251. Statement of policy 

18 ‘‘It is the policy of the United States that domestic 

19 deployment of the armed forces for the purposes set forth 

20 in this chapter should be a last resort and should be or21 dered only if State and local authorities in the State con22 cerned are unable or otherwise fail to suppress the insur23 rection or rebellion, quell the domestic violence, or enforce 

24 the laws that are being obstructed, and Federal civilian 

25 law enforcement authorities are unable to do so. 


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1 ‘‘§ 252. Triggering circumstances 

2 ‘‘(a) IN GENERAL.—The authorities granted to the 

3 President by section 253 may be exercised only if— 

4 ‘‘(1) there is an insurrection or rebellion in a 

5 State— 

6 ‘‘(A) against the State or local govern7 ment, in such numbers, or with such force or 

8 capacity, as to overwhelm State or local au9 thorities, and the chief executive of the State 

10 requests assistance under this chapter; or 

11 ‘‘(B) against the Government of the 

12 United States, in such numbers, or with such 

13 force or capacity, as to overwhelm State or local 

14 authorities; 

15 ‘‘(2) there is domestic violence in a State that 

16 is sufficiently widespread or severe as to overwhelm 

17 State or local authorities, and the chief executive of 

18 the State, or super majority of the State legislature, 

19 requests assistance under this chapter; or 

20 ‘‘(3) there is, within a State— 

21 ‘‘(A) obstruction of the execution of State 

22 or Federal law that has the effect of depriving 

23 any party or class of the people of that State 

24 of a right, privilege, immunity, or protection 

25 named in the Constitution and secured by law, 

26 and State or local authorities or Federal civilian 


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1 law enforcement personnel are unable, fail, or 

2 refuse to protect that right, privilege, or immu3 nity, or to give that protection; 

4 ‘‘(B) obstruction of the execution of Fed5 eral law by private actors where such obstruc6 tion creates an immediate threat to public safe7 ty and the use of State or local authorities and 

8 Federal civilian law enforcement personnel is 

9 insufficient to ensure execution of the law 

10 and— 

11 ‘‘(i) the private actors are in such 

12 numbers, or with such force or capacity, as 

13 to overwhelm State or local authorities and 

14 Federal civilian law enforcement personnel; 

15 or 

16 ‘‘(ii) State or local authorities and 

17 Federal civilian law enforcement personnel 

18 otherwise fail to address the obstruction; 

19 or 

20 ‘‘(C) obstruction of the execution of Fed21 eral law by the State or its agents, where the 

22 use of Federal civilian law enforcement per23 sonnel is insufficient to ensure execution of the 

24 law. 


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1 ‘‘(b) RULES OF CONSTRUCTION.—(1) Subsection 

2 (a)(3)(A) shall be construed to encompass the obstruction 

3 of any provision of the Voting Rights Act of 1965 (52 

4 U.S.C. 10301 et seq.) or section 2004 of the Revised Stat5 utes (52 U.S.C. 10101) regarding protection of the right 

6 to vote. Any deployment of the armed forces in such cir7 cumstances shall be subject to section 2003 of the Revised 

8 Statutes (52 U.S.C. 10102), sections 592 and 593 of title 

9 18, and any other applicable statutory limitations designed 

10 to protect the right to vote. 

11 ‘‘(2) In any situation covered by subsection (a)(3)(A), 

12 the State shall be considered to have denied the equal pro13 tection of the laws secured by the Constitution. 

14 ‘‘§ 253. Authority of the President 

15 ‘‘(a) IN GENERAL.—Subject to subsection (b) and 

16 sections 254 through 257, the President may, if the condi17 tions specified in section 252 are met, order to active duty 

18 any reserve component forces and use the armed forces 

19 to suppress the insurrection or rebellion, quell the domes20 tic violence, or enforce the laws that are being obstructed. 

21 ‘‘(b) LIMITATIONS.—(1) During any deployment of 

22 the armed forces under subsection (a), the armed forces 

23 shall remain subordinate to the chain of command pre24 scribed in section 162(b) of this title. 


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1 ‘‘(2) Any part of the armed forces employed to sup2 press an insurrection or rebellion, quell domestic violence, 

3 or enforce the law under the authorities granted by sub4 section (a) must operate under the Standing Rules for the 

5 Use of Force. 

6 ‘‘(3) Nothing in this chapter shall be construed to 

7 authorize— 

8 ‘‘(A) suspension of the writ of habeas corpus; or 

9 ‘‘(B) any action that violates Federal law or, where 

10 consistent with Federal law, State law. 

11 ‘‘(c) STANDING RULES FOR THE USE OF FORCE.— 

12 In this section, the term ‘Standing Rules for the Use of 

13 Force’ means Chairman of the Joint Chiefs of Staff In14 struction (CJCSI) 3121.01B, dated June 13, 2005, and 

15 entitled, ‘Standing Rules of Engagement/Standing Rules 

16 for the Use of Force for U.S. Forces’, or any successor 

17 instruction. 

18 ‘‘§ 254. Consultation with Congress; proclamation to 

19 disperse; reporting requirement; effective 

20 periods of authorities 

21 ‘‘(a) CONSULTATION.—The President shall, to the 

22 maximum extent practicable, consult with Congress before 

23 exercising the authorities granted under section 253. 

24 ‘‘(b) PROCLAMATION.—Before exercising the authori25 ties granted by section 253, the President shall, by proclaVerDate Sep 11 2014 22:56 Aug 26, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4699.IS S4699

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1 mation immediately transmitted to Congress and the Fed2 eral Register— 

3 ‘‘(1) specify which paragraph and, where appli4 cable, subparagraph and clause, of section 252(a) 

5 provides the basis for such exercise of authority; and 

6 ‘‘(2) order the lawbreakers to disperse peace7 ably within a reasonable, limited time period. 

8 ‘‘(c) REPORT.—Contemporaneously with the procla9 mation required under subsection (b), the President shall 

10 submit to the President pro tempore of the Senate and 

11 the Speaker of the House of Representatives a written re12 port setting forth the following: 

13 ‘‘(1) The circumstances necessitating the exer14 cise of the authorities granted to the President by 

15 section 253. 

16 ‘‘(2) Where applicable, a certification by the At17 torney General of the United States that the chief 

18 executive of the State in question has requested as19 sistance under this chapter or that State authorities 

20 are unable or have otherwise failed to address the 

21 circumstances necessitating exercise of the Presi22 dent’s authorities under section 253. 

23 ‘‘(3) Certification by the Attorney General of 

24 the United States that options other than the use of 

25 the armed forces have been exhausted, or that those 


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1 options would likely be insufficient to resolve the sit2 uation and that delay would likely cause significant 

3 harm. 

4 ‘‘(4) A description of the size, mission, scope, 

5 and expected duration of the use of the armed 

6 forces, with a certification by the relevant Service 

7 Secretary or Secretaries that, in their best military 

8 advice and opinion, the armed forces to be called for 

9 duty are trained, equipped, and able to complete the 

10 assigned mission. 

11 ‘‘§ 255. Congressional approval 

12 ‘‘(a) TEMPORARY EFFECTIVE PERIODS.—(1) Any 

13 authority made available under section 253 shall termi14 nate 7 days after the President makes the proclamation 

15 required under section 254(b) unless— 

16 ‘‘(A) there is enacted into law a joint resolution 

17 of approval under subsection (b) with respect to the 

18 proclamation; or 

19 ‘‘(B) there is a material and significant change 

20 in factual circumstances that are set forth in a new 

21 proclamation and report to Congress as provided in 

22 subsections (b) and (c) of section 254. 

23 ‘‘(2) Notwithstanding subparagraphs (A) and (B) of 

24 paragraph (1), no authority may be exercised after the 7- 

25 day period described in such paragraph if the exercise of 


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1 authority has been enjoined by a court of competent juris2 diction. 

3 ‘‘(3) If Congress is physically unable to convene as 

4 a result of an insurrection, rebellion, domestic violence, or 

5 obstruction of law described in a proclamation issued pur6 suant to section 254(b), the 7-day period described in 

7 paragraph (1) shall begin on the first day Congress con8 venes for the first time after the insurrection, rebellion, 

9 domestic violence, or obstruction of law. 

10 ‘‘(b) EFFECT OF A JOINT RESOLUTION OF AP11 PROVAL.—If there is enacted into law a joint resolution 

12 of approval as defined in subsection (d), then any author13 ity made available under this chapter may be exercised 

14 with respect to the insurrection, rebellion, or domestic vio15 lence described in the proclamation that is the subject of 

16 such resolution for 14 days from the date of the enactment 

17 of such resolution, except that such exercise of authority 

18 must terminate if enjoined by a court of competent juris19 diction on the ground that it violates the terms of this 

20 chapter, the Constitution of the United States, or other 

21 applicable Federal law. 

22 ‘‘(c) RENEWAL OF JOINT RESOLUTIONS OF AP23 PROVAL.—An exercise of authority subject to a joint reso24 lution of approval may not be exercised for longer than 

25 14 days, unless— 


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1 ‘‘(1) there is enacted into law another joint res2 olution of approval renewing the President’s author3 ity pursuant to section 253; or 

4 ‘‘(2) there has been a material and significant 

5 change in factual circumstances that are set forth in 

6 a new proclamation and report to Congress as pro7 vided in subsections (b) and (c) of section 254. 

8 ‘‘(d) JOINT RESOLUTION OF APPROVAL DEFINED.— 

9 In this section, the term ‘joint resolution of approval’ 

10 means a joint resolution that contains only the following 

11 provisions after its resolving clause: 

12 ‘‘(1) A provision approving the exercise of au13 thority specified by the President in a proclamation 

14 made under subsection (b) of section 254. 

15 ‘‘(2) A statement that the exercise of authority 

16 may continue for a period of 14 days unless enjoined 

17 by a court of competent jurisdiction on the ground 

18 that it violates the terms of this chapter, the Con19 stitution of the United States, or other applicable 

20 Federal or State law. 

21 ‘‘(e) PROCEDURES FOR CONSIDERATION OF JOINT

22 RESOLUTIONS OF APPROVAL.— 

23 ‘‘(1) INTRODUCTION.—A joint resolution of ap24 proval may be introduced in either House of Con25 gress by any member of that House at any time that 


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1 authority under section 253 is in effect pursuant to 

2 a proclamation made under section 254(b) or a joint 

3 resolution of approval enacted into law pursuant to 

4 subsection (b). 

5 ‘‘(2) REQUESTS TO CONVENE CONGRESS DUR6 ING RECESSES.—If, when the President transmits to 

7 Congress a proclamation under section 254(b) or at 

8 any time that authority under section 253 is in ef9 fect as described in paragraph (1), Congress has ad10 journed sine die or has adjourned for any period in 

11 excess of 3 calendar days, the majority leader of the 

12 Senate and the Speaker of the House of Representa13 tives, or their respective designees, acting jointly 

14 after consultation with and with the concurrence of 

15 the minority leader of the Senate and the minority 

16 leader of the House, shall notify the Members of the 

17 Senate and House, respectively, to reassemble at 

18 such place and time as they may designate if, in 

19 their opinion, the public interest shall warrant it. 

20 ‘‘(3) COMMITTEE REFERRAL.—A joint resolu21 tion of approval shall be referred in each House of 

22 Congress to the committee or committees having ju23 risdiction over the emergency authorities invoked by 

24 the proclamation under section 254(b) that are the 

25 subject of the joint resolution. 


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1 ‘‘(4) CONSIDERATION IN SENATE.—In the Sen2 ate, the following shall apply: 

3 ‘‘(A) REPORTING AND DISCHARGE.—If the 

4 committee to which a joint resolution of ap5 proval has been referred has not reported it at 

6 the end of 3 calendar days after its introduc7 tion, that committee shall be automatically dis8 charged from further consideration of the reso9 lution and it shall be placed on the calendar. 

10 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

11 Notwithstanding Rule XXII of the Standing 

12 Rules of the Senate, when the committee to 

13 which a joint resolution of approval is referred 

14 has reported the resolution, or when that com15 mittee is discharged under subparagraph (A) 

16 from further consideration of the resolution, it 

17 is at any time thereafter in order (even though 

18 a previous motion to the same effect has been 

19 disagreed to) for a motion to proceed to the 

20 consideration of the joint resolution, and all 

21 points of order against the joint resolution (and 

22 against consideration of the joint resolution) 

23 are waived. The motion to proceed is subject to 

24 4 hours of debate divided evenly between those 

25 favoring and those opposing the joint resolution 


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1 of approval. The motion is not subject to 

2 amendment, or to a motion to postpone, or to 

3 a motion to proceed to the consideration of 

4 other business. 

5 ‘‘(C) FLOOR CONSIDERATION.—A joint 

6 resolution of approval shall be subject to 10 

7 hours of consideration, to be divided evenly be8 tween those favoring and those opposing the 

9 joint resolution of approval. 

10 ‘‘(D) AMENDMENTS.—No amendments 

11 shall be in order with respect to a joint resolu12 tion of approval. 

13 ‘‘(E) MOTION TO RECONSIDER FINAL

14 VOTE.—A motion to reconsider a vote on pas15 sage of a joint resolution of approval shall not 

16 be in order. 

17 ‘‘(F) APPEALS.—Points of order, including 

18 questions of relevancy, and appeals from the de19 cision of the Presiding Officer, shall be decided 

20 without debate. 

21 ‘‘(5) CONSIDERATION IN HOUSE OF REP22 RESENTATIVES.—In the House of Representatives, 

23 the following shall apply: 

24 ‘‘(A) REPORTING AND DISCHARGE.—If any 

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1 proval has been referred has not reported it to 

2 the House within 3 calendar days after the date 

3 of referral, such committee shall be discharged 

4 from further consideration of the joint resolu5 tion. 

6 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

7 ‘‘(i) IN GENERAL.—Beginning on the 

8 third legislative day after each committee 

9 to which a joint resolution of approval has 

10 been referred reports it to the House or 

11 has been discharged from further consider12 ation of the joint resolution, and except as 

13 provided in clause (ii), it shall be in order 

14 to move to proceed to consider the joint 

15 resolution in the House. The previous 

16 question shall be considered as ordered on 

17 the motion to its adoption without inter18 vening motion. The motion shall not be de19 batable. A motion to reconsider the vote by 

20 which the motion is disposed of shall not 

21 be in order. 

22 ‘‘(ii) SUBSEQUENT MOTIONS TO PRO23 CEED TO JOINT RESOLUTION OF AP24 PROVAL.—A motion to proceed to consider 

25 a joint resolution of approval shall not be 


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1 in order after the House has disposed of 

2 another motion to proceed on that resolu3 tion. 

4 ‘‘(C) FLOOR CONSIDERATION.—Upon 

5 adoption of the motion to proceed in accordance 

6 with subparagraph (B)(i), the joint resolution 

7 of approval shall be considered as read. The 

8 previous question shall be considered as ordered 

9 on the joint resolution to final passage without 

10 intervening motion except 2 hours of debate, 

11 equally divided and controlled by the sponsor of 

12 the joint resolution (or a designee) and an op13 ponent. A motion to reconsider the vote on pas14 sage of the joint resolution shall not be in 

15 order. 

16 ‘‘(D) AMENDMENTS.—No amendments 

17 shall be in order with respect to a joint resolu18 tion of approval. 

19 ‘‘(6) RECEIPT OF RESOLUTION FROM OTHER

20 HOUSE.—If, before passing a joint resolution of ap21 proval, one House receives a joint resolution of ap22 proval from the other House, then— 

23 ‘‘(A) the joint resolution of the other 

24 House shall not be referred to a committee and 


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1 shall be deemed to have been discharged from 

2 committee on the day it is received; and 

3 ‘‘(B) the procedures set forth in para4 graphs (4) and (5), as applicable, shall apply in 

5 the receiving House to the joint resolution re6 ceived from the other House to the same extent 

7 as such procedures apply to a joint resolution of 

8 the receiving House. 

9 ‘‘(f) RULE OF CONSTRUCTION.—The enactment of a 

10 joint resolution of approval under this section shall not 

11 be interpreted to serve as a grant or modification by Con12 gress of statutory authority of the President. 

13 ‘‘(g) RULES OF THE HOUSE AND SENATE.—This sec14 tion is enacted by Congress— 

15 ‘‘(1) as an exercise of the rulemaking power of 

16 the Senate and the House of Representatives, re17 spectively, and as such is deemed a part of the rules 

18 of each House, respectively, but applicable only with 

19 respect to the procedure to be followed in the House 

20 in the case of joint resolutions described in this sec21 tion, and supersedes other rules only to the extent 

22 that it is inconsistent with such other rules; and 

23 ‘‘(2) with full recognition of the constitutional 

24 right of either House to change the rules (so far as 

25 relating to the procedure of that House) at any time, 


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1 in the same manner, and to the same extent as in 

2 the case of any other rule of that House. 

3 ‘‘§ 256. Termination of authority 

4 ‘‘(a) IN GENERAL.—Any exercise of authority speci5 fied by the President in a proclamation made under sub6 section (b) of section 254 shall terminate on the earliest 

7 of— 

8 ‘‘(1) the date provided for in section 255(a); 

9 ‘‘(2) the date provided for in section 255(b); 

10 ‘‘(3) the date specified in an Act of Congress 

11 terminating the authority; 

12 ‘‘(4) the date specified in a proclamation of the 

13 President terminating the emergency; or 

14 ‘‘(5) the date of a revocation of a request for 

15 assistance under this chapter by the chief executive 

16 of the State in question. 

17 ‘‘(b) EFFECT OF TERMINATION.— 

18 ‘‘(1) IN GENERAL.—Effective on the date of the 

19 termination of authority under subsection (a)— 

20 ‘‘(A) except as provided by paragraph (2), 

21 any powers or authorities exercised by reason of 

22 the authority shall cease to be exercised; 

23 ‘‘(B) any amounts reprogrammed or trans24 ferred under any provision of law with respect 

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1 gated on that date shall be returned and made 

2 available for the purpose for which such 

3 amounts were appropriated; and 

4 ‘‘(C) any contracts entered into under any 

5 provision of law relating to the execution of au6 thority shall be terminated. 

7 ‘‘(2) SAVINGS PROVISION.—The termination of 

8 an exercise of authority under this chapter shall not 

9 affect— 

10 ‘‘(A) any legal action taken or pending 

11 legal proceeding not finally concluded or deter12 mined on the date of the termination under 

13 subsection (a); 

14 ‘‘(B) any legal action or legal proceeding 

15 based on any act committed prior to that date; 

16 or 

17 ‘‘(C) any rights or duties that matured or 

18 penalties that were incurred prior to that date. 

19 ‘‘§ 257. Judicial review 

20 ‘‘(a) IN GENERAL.—Notwithstanding, and without 

21 prejudice to, any other provision of law, any individual or 

22 entity (including a State or local government) that is in23 jured by, or has a credible fear of injury from, the use 

24 of members of the armed forces under this chapter may 

25 bring a civil action for declaratory or injunctive relief. In 


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1 any action under this section, the district court shall have 

2 jurisdiction to decide any question of law or fact arising 

3 under this chapter, including challenges to the legal basis 

4 for members of the armed forces to be acting under this 

5 chapter. 

6 ‘‘(b) STANDARD OF REVIEW.—A determination that 

7 the conditions specified in section 252 are met shall be 

8 upheld if supported by substantial evidence. 

9 ‘‘(c) EXPEDITED CONSIDERATION.—It shall be the 

10 duty of the applicable district court of the United States 

11 and the Supreme Court of the United States to advance 

12 on the docket and to expedite to the greatest possible ex13 tent the disposition of any matter brought under this sec14 tion. 

15 ‘‘(d) APPEALS.— 

16 ‘‘(1) IN GENERAL.—The Supreme Court of the 

17 United States shall have jurisdiction of an appeal 

18 from a final decision of a district court of the United 

19 States in a civil action brought under this section. 

20 ‘‘(2) FILING DEADLINE.—A party shall file an 

21 appeal under paragraph (1) not later than 30 days 

22 after the court issues a final decision under sub23 section (a). 


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1 ‘‘§ 258. State defined 

2 ‘‘For purposes of this chapter, the term ‘State’ in3 cludes the Commonwealth of Puerto Rico, the District of 

4 Columbia, Guam, and the Virgin Islands. 

5 ‘‘§ 259. Limitation on use of National Guard members 

6 performing training or other duty for cer7 tain purposes 

8 ‘‘A member of the National Guard performing train9 ing or other duty under section 502(a) or (f) of title 32 

10 may not be used to suppress a domestic insurrection or 

11 rebellion, quell domestic violence, or enforce the law.’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) USE OF STATE DEFENSE FORCES.—Section 

14 109(c) of title 32, United States Code, is amended 

15 by inserting ‘‘, except as provided by section 253 of 

16 title 10’’ after ‘‘armed forces’’. 

17 (2) TABLE OF SECTIONS.—The table of sections 

18 at the beginning of chapter 13 of title 10, United 

19 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.’’. 

Æ 


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