‘‘(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 Stat-
utes (52 U.S.C. 10101) regarding protection of the right 
to vote. Any deployment of the Armed Forces in such cir-
cumstances 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 pro-
tection of the laws secured by the Constitution. 
‘‘§ 253. Authority of the President 
‘‘(a) IN GENERAL.—Subject to subsection (b) and 
sections 254 through 257, the President may, if the condi-
tions 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 domes-
tic 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 pre-
scribed in section 162(b) of this title. 
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‘‘(2) Any part of the Armed Forces employed to sup-
press an insurrection or rebellion, quell domestic violence, 
or enforce the law under the authorities granted by sub-
section (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 In-
struction (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. 
‘‘§ 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 authori-
ties granted by section 253, the President shall, by procla-
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mation immediately transmitted to Congress and the Fed-
eral Register— 
‘‘(1) specify which paragraph and, where appli-
cable, subparagraph and clause, of section 252(a) 
provides the basis for such exercise of authority; and 
‘‘(2) order the lawbreakers to disperse peace-
ably within a reasonable, limited time period. 
‘‘(c) REPORT.—Contemporaneously with the procla-
mation 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 re-
port setting forth the following: 
‘‘(1) The circumstances necessitating the exer-
cise of the authorities granted to the President by 
section 253. 
‘‘(2) Where applicable, a certification by the At-
torney General of the United States that the chief 
executive of the State in question has requested as-
sistance under this chapter or that State authorities 
are unable or have otherwise failed to address the 
circumstances necessitating exercise of the Presi-
dent’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 
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those options would likely be insufficient to resolve 
the situation and that delay would likely cause sig-
nificant 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. 
‘‘§ 255. Congressional approval 
‘‘(a) TEMPORARY EFFECTIVE PERIODS.—(1) Any 
authority made available under section 253 shall termi-
nate 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 
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authority has been enjoined by a court of competent juris-
diction. 
‘‘(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 pur-
suant to section 254(b), the 7-day period described in 
paragraph (1) shall begin on the first day Congress con-
venes for the first time after the insurrection, rebellion, 
domestic violence, or obstruction of law. 
‘‘(b) EFFECT
OF
A JOINT RESOLUTION
OF AP-
PROVAL.—If there is enacted into law a joint resolution 
of approval as defined in subsection (d), then any author-
ity made available under this chapter may be exercised 
with respect to the insurrection, rebellion, or domestic vio-
lence 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 juris-
diction 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 AP-
PROVAL.—An exercise of authority subject to a joint reso-
lution of approval may not be exercised for longer than 
14 days, unless— 
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‘‘(1) there is enacted into law another joint res-
olution of approval renewing the President’s author-
ity 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 pro-
vided 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 au-
thority 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 Con-
stitution 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 ap-
proval may be introduced in either House of Con-
gress by any member of that House at any time that 
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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 DUR-
ING 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 ef-
fect as described in paragraph (1), Congress has ad-
journed 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 Representa-
tives, 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 resolu-
tion of approval shall be referred in each House of 
Congress to the committee or committees having ju-
risdiction over the emergency authorities invoked by 
the proclamation under section 254(b) that are the 
subject of the joint resolution. 
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‘‘(4) CONSIDERATION IN SENATE.—In the Sen-
ate, the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If the 
committee to which a joint resolution of ap-
proval has been referred has not reported it at 
the end of 3 calendar days after its introduc-
tion, that committee shall be automatically dis-
charged from further consideration of the reso-
lution 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 com-
mittee 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 
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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 be-
tween those favoring and those opposing the 
joint resolution of approval. 
‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval. 
‘‘(E) MOTION
TO
RECONSIDER
FINAL 
VOTE.—A motion to reconsider a vote on pas-
sage of a joint resolution of approval shall not 
be in order. 
‘‘(F) APPEALS.—Points of order, including 
questions of relevancy, and appeals from the de-
cision of the Presiding Officer, shall be decided 
without debate. 
‘‘(5) CONSIDERATION
IN
HOUSE
OF
REP-
RESENTATIVES.—In the House of Representatives, 
the following shall apply: 
‘‘(A) REPORTING AND DISCHARGE.—If any 
committee to which a joint resolution of ap-
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proval 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 resolu-
tion. 
‘‘(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 consider-
ation 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 inter-
vening motion. The motion shall not be de-
batable. A motion to reconsider the vote by 
which the motion is disposed of shall not 
be in order. 
‘‘(ii) SUBSEQUENT MOTIONS TO PRO-
CEED
TO
JOINT
RESOLUTION
OF
AP-
PROVAL.—A motion to proceed to consider 
a joint resolution of approval shall not be 
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in order after the House has disposed of 
another motion to proceed on that resolu-
tion. 
‘‘(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 op-
ponent. A motion to reconsider the vote on pas-
sage of the joint resolution shall not be in 
order. 
‘‘(D) 
AMENDMENTS.—No 
amendments 
shall be in order with respect to a joint resolu-
tion of approval. 
‘‘(6) RECEIPT OF RESOLUTION FROM OTHER 
HOUSE.—If, before passing a joint resolution of ap-
proval, one House receives a joint resolution of ap-
proval from the other House, then— 
‘‘(A) the joint resolution of the other 
House shall not be referred to a committee and 
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shall be deemed to have been discharged from 
committee on the day it is received; and 
‘‘(B) the procedures set forth in para-
graphs (4) and (5), as applicable, shall apply in 
the receiving House to the joint resolution re-
ceived 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 Con-
gress of statutory authority of the President. 
‘‘(g) RULES OF THE HOUSE AND SENATE.—This sec-
tion is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, 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 sec-
tion, 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, 
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gated 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 au-
thority 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 deter-
mined 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. 
‘‘§ 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 in-
jured 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 
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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 ex-
tent the disposition of any matter brought under this sec-
tion. 
‘‘(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 sub-
section (a). 
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‘‘§ 258. State defined 
‘‘For purposes of this chapter, the term ‘State’ in-
cludes the Commonwealth of Puerto Rico, the District of 
Columbia, Guam, and the Virgin Islands. 
‘‘§ 259. Limitation on use of National Guard members 
performing training or other duty for cer-
tain purposes 
‘‘A member of the National Guard performing train-
ing 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 require-
ment; 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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