,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dfii  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #aa      
7legislative day1 ,july #aj71 #bjbd,mr4 
,blumenthal introduced the following    
bill2 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 violence4  #a4 ,short title    
,this ,act may be cited as the          
,insurrection ,act of #bjbd4  #b4       
,limited authority to use the ,armed    
,forces to suppress insurrection or     
rebellion and quell domestic violence   
7a7 ,statement of constitutional        
authority ,this section represents an   
exercise of ,congress's authorities     
under-- 7#a7 clauses #ad1 #ae1 #af1 and 
#ah of section #h of article ,i of the  
,constitution of the ,united ,states2   
7#b7 section #d of article ,,iv of the  
,constitution of the ,united ,states2   
and  7#c7 section #e of the #adth       

,amendment to the ,constitution of the  
,united ,states4  7b7 ,amendments to    
insurrection provisions in title #aj1   
,united ,states ,code ,chapter #ac of   
title #aj1 ,united ,states ,code1 is    
amended by striking sections #bea       
through #bee and inserting the following
 new sections3  #bea4 ,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         
rebellion1 quell the domestic violence1 
or enforce the laws that are being      
obstructed1 and ,federal civilian law   
enforcement authorities are unable to do
 so4  #beb4 ,triggering circumstances   
7a7 ,in general ,the authorities granted
 to the ,president by section #bec may  
be exercised only if-- 7#a7 there is an 
insurrection or rebellion in a ,state-- 

7,a7 against the ,state or local        
government1 in such numbers1 or with    
such force or capacity1 as to overwhelm 
,state or local authorities1 and the    
chief executive of the ,state requests  
assistance under this chapter2 or  7,b7 
against the ,government of the ,united  
,states1 in such numbers1 or with such  
force or capacity1 as to overwhelm      
,state or local authorities2  7#b7 there
 is domestic violence in a ,state that  
is sufficiently widespread or severe as 
to overwhelm ,state or local            
authorities1 and the chief executive of 
the ,state1 or super majority of the    
,state legislature1 requests assistance 
under this chapter2 or  7#c7 there is1  
within a ,state-- 7,a7 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 right1 privilege1 immunity1 
or protection named in the ,constitution
 and secured by law1 and ,state or local
 authorities or ,federal civilian law   

enforcement personnel are unable1 fail1 
or refuse to protect that right1        
privilege1 or immunity1 or to give that 
protection2  7,b7 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-- 7i7 the      
private actors are in such numbers1 or  
with such force or capacity1 as to      
overwhelm ,state or local authorities   
and ,federal civilian law enforcement   
personnel2 or  7ii7 ,state or local     
authorities and ,federal civilian law   
enforcement personnel otherwise fail to 
address the obstruction2 or  7,c7       
obstruction of the execution of ,federal
 law by the ,state or its agents1 where 
the use of ,federal civilian law        
enforcement personnel is insufficient to
 ensure execution of the law4  7b7      
,rules of construction  7#a7 ,subsection

 7a77#c77;,a7 shall be construed to     
encompass the obstruction of any        
provision of the ,voting ,rights ,act of
 #aife 7#eb ,u4,s4,c4 #ajcja et seq47 or
 section #bjjd of the ,revised ,statutes
 7#eb ,u4,s4,c4 #ajaja7 regarding       
protection of the right to vote4 ,any   
deployment of the armed forces in such  
circumstances shall be subject to       
section #bjjc of the ,revised ,statutes 
7#eb ,u4,s4,c4 #ajajb71 sections #eib   
and #eic of title #ah1 and any other    
applicable statutory limitations        
designed to protect the right to vote4  
7#b7 ,in any situation covered by       
subsection 7a77#c77;,a71 the ,state     
shall be considered to have denied the  
equal protection of the laws secured by 
the ,constitution4  #bec4 ,authority of 
the ,president  7a7 ,in general ,subject
 to subsection 7b7 and sections #bed    
through #beg1 the ,president may1 if the
 conditions specified in section #beb   
are met1 order to active duty any       
reserve component forces and use the    

armed forces to suppress the            
insurrection or rebellion1 quell the    
domestic violence1 or enforce the laws  
that are being obstructed4  7b7         
,limitations  7#a7 ,during any          
deployment of the armed forces under    
subsection 7a71 the armed forces shall  
remain subordinate to the chain of      
command prescribed in section #afb7;b7  
of this title4  7#b7 ,any part of the   
armed forces employed to suppress an    
insurrection or rebellion1 quell        
domestic violence1 or enforce the law   
under the authorities granted by        
subsection 7a7 must operate under the   
,standing ,rules for the ,use of ,force4
  7#c7 ,nothing in this chapter shall be
 construed to authorize-- 7,a7          
suspension of the writ of habeas corpus2
 or  7,b7 any action that violates      
,federal law or1 where consistent with  
,federal law1 ,state law4  7c7 ,standing
 ,rules for the ,use of ,force ,in this 
section1 the term ,standing ,rules for  
the ,use of ,force means ,chairman of   

the ,joint ,chiefs of ,staff            
,instruction 7,,cjcsi7 #caba4ja;,b1     
dated ,june #ac1 #bjje1 and entitled1   
,standing ,rules of                     
,engagement_/,standing ,rules for the   
,use of ,force for ,u4,s4 ,forces1 or   
any successor instruction4  #bed4       
,consultation with ,congress2           
proclamation to disperse2 reporting     
requirement2 effective periods of       
authorities  7a7 ,consultation ,the     
,president shall1 to the maximum extent 
practicable1 consult with ,congress     
before exercising the authorities       
granted under section #bec4  7b7        
,proclamation ,before exercising the    
authorities granted by section #bec1 the
 ,president shall1 by proclamation      
immediately transmitted to ,congress and
 the ,federal ,register-- 7#a7 specify  
which paragraph and1 where applicable1  
subparagraph and clause1 of section     
#beb7;a7 provides the basis for such    
exercise of authority2 and  7#b7 order  
the lawbreakers to disperse peaceably   

within a reasonable1 limited time       
period4  7c7 ,report ,contemporaneously 
with the proclamation required under    
subsection 7b71 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 following3 7#a7
 ,the circumstances necessitating the   
exercise of the authorities granted to  
the ,president by section #bec4  7#b7   
,where applicable1 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 #bec4  7#c7 ,certification by   
the ,attorney ,general of the ,united   
,states that options other than the use 
of the armed forces have been exhausted1
 or that those options would likely be  

insufficient to resolve the situation   
and that delay would likely cause       
significant harm4  7#d7 ,a description  
of the size1 mission1 scope1 and        
expected duration of the use of the     
armed forces1 with a certification by   
the relevant ,service ,secretary or     
,secretaries that1 in their best        
military advice and opinion1 the armed  
forces to be called for duty are        
trained1 equipped1 and able to complete 
the assigned mission4  #bee4            
,congressional approval  7a7 ,temporary 
effective periods  7#a7 ,any authority  
made available under section #bec shall 
terminate #g days after the ,president  
makes the proclamation required under   
section #bed7;b7 unless-- 7,a7 there is 
enacted into law a joint resolution of  
approval under subsection 7b7 with      
respect to the proclamation2 or  7,b7   
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 7b7 and 7c7 of section #bed4
  7#b7 ,notwithstanding subparagraphs   
7,a7 and 7,b7 of paragraph 7#a71 no     
authority may be exercised after the    
#g-;day period described in such        
paragraph if the exercise of authority  
has been enjoined by a court of         
competent jurisdiction4  7#c7 ,if       
,congress is physically unable to       
convene as a result of an insurrection1 
rebellion1 domestic violence1 or        
obstruction of law described in a       
proclamation issued pursuant to section 
#bed7;b71 the #g-;day period described  
in paragraph 7#a7 shall begin on the    
first day ,congress convenes for the    
first time after the insurrection1      
rebellion1 domestic violence1 or        
obstruction of law4  7b7 ,effect of a   
joint resolution of approval ,if there  
is enacted into law a joint resolution  
of approval as defined in subsection    
7d71 then any authority made available  
under this chapter may be exercised with
 respect to the insurrection1 rebellion1

 or domestic violence described in the  
proclamation that is the subject of such
 resolution for #ad days from the date  
of the enactment of such resolution1    
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      
chapter1 the ,constitution of the       
,united ,states1 or other applicable    
,federal law4  7c7 ,renewal of joint    
resolutions of approval ,an exercise of 
authority subject to a joint resolution 
of approval may not be exercised for    
longer than #ad days1 unless-- 7#a7     
there is enacted into law another joint 
resolution of approval renewing the     
,president's authority pursuant to      
section #bec2 or  7#b7 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 7b7
 and 7c7 of section #bed4  7d7 ,joint   
resolution of approval defined ,in this 

section1 the term joint resolution of   
approval means a joint resolution that  
contains only the following provisions  
after its resolving clause3 7#a7 ,a     
provision approving the exercise of     
authority specified by the ,president in
 a proclamation made under subsection   
7b7 of section #bed4  7#b7 ,a statement 
that the exercise of authority may      
continue for a period of #ad days unless
 enjoined by a court of competent       
jurisdiction on the ground that it      
violates the terms of this chapter1 the 
,constitution of the ,united ,states1 or
 other applicable ,federal or ,state    
law4  7e7 ,procedures for consideration 
of joint resolutions of approval  7#a7  
,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 #bec is in effect pursuant
 to a proclamation made under section   
#bed7;b7 or a joint resolution of       
approval enacted into law pursuant to   

subsection 7b74  7#b7 ,requests to      
convene ,congress during recesses ,if1  
when the ,president transmits to        
,congress a proclamation under section  
#bed7;b7 or at any time that authority  
under section #bec is in effect as      
described in paragraph 7#a71 ,congress  
has adjourned sine die or has adjourned 
for any period in excess of #c calendar 
days1 the majority leader of the ,senate
 and the ,speaker of the ,house of      
,representatives1 or their respective   
designees1 acting jointly after         
consultation with and with the          
concurrence of the minority leader of   
the ,senate and the minority leader of  
the ,house1 shall notify the ,members of
 the ,senate and ,house1 respectively1  
to reassemble at such place and time as 
they may designate if1 in their opinion1
 the public interest shall warrant it4  
7#c7 ,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 #bed7;b7 that are the     
subject of the joint resolution4  7#d7  
,consideration in ,senate ,in the       
,senate1 the following shall apply3 7,a7
 ,reporting and discharge ,if the       
committee to which a joint resolution of
 approval has been referred has not     
reported it at the end of #c calendar   
days after its introduction1 that       
committee shall be automatically        
discharged from further consideration of
 the resolution and it shall be placed  
on the calendar4  7,b7 ,proceeding to   
consideration ,notwithstanding ,rule    
,,xxii of the ,standing ,rules of the   
,senate1 when the committee to which a  
joint resolution of approval is referred
 has reported the resolution1 or when   
that committee is discharged under      
subparagraph 7,a7 from further          
consideration of the resolution1 it is  
at any time thereafter in order 7even   
though a previous motion to the same    

effect has been disagreed to7 for a     
motion to proceed to the consideration  
of the joint resolution1 and all points 
of order against the joint resolution   
7and against consideration of the joint 
resolution7 are waived4 ,the motion to  
proceed is subject to #d hours of debate
 divided evenly between those favoring  
and those opposing the joint resolution 
of approval4 ,the motion is not subject 
to amendment1 or to a motion to         
postpone1 or to a motion to proceed to  
the consideration of other business4    
7,c7 ,floor consideration ,a joint      
resolution of approval shall be subject 
to #aj hours of consideration1 to be    
divided evenly between those favoring   
and those opposing the joint resolution 
of approval4  7,d7 ,amendments ,no      
amendments shall be in order with       
respect to a joint resolution of        
approval4  7,e7 ,motion to reconsider   
final vote ,a motion to reconsider a    
vote on passage of a joint resolution of
 approval shall not be in order4  7,f7  

,appeals ,points of order1 including    
questions of relevancy1 and appeals from
 the decision of the ,presiding         
,officer1 shall be decided without      
debate4  7#e7 ,consideration in ,house  
of ,representatives ,in the ,house of   
,representatives1 the following shall   
apply3 7,a7 ,reporting and discharge ,if
 any committee to which a joint         
resolution of approval has been referred
 has not reported it to the ,house      
within #c calendar days after the date  
of referral1 such committee shall be    
discharged from further consideration of
 the joint resolution4  7,b7 ,proceeding
 to consideration  7i7 ,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 resolution1 and except as    
provided in clause 7ii71 it shall be in 
order to move to proceed to consider the
 joint resolution in the ,house4 ,the   

previous question shall be considered as
 ordered on the motion to its adoption  
without intervening motion4 ,the motion 
shall not be debatable4 ,a motion to    
reconsider the vote by which the motion 
is disposed of shall not be in order4   
7ii7 ,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       
resolution4  7,c7 ,floor consideration  
,upon adoption of the motion to proceed 
in accordance with subparagraph 7,b77i71
 the joint resolution of approval shall 
be considered as read4 ,the previous    
question shall be considered as ordered 
on the joint resolution to final passage
 without intervening motion except #b   
hours of debate1 equally divided and    
controlled by the sponsor of the joint  
resolution 7or a designee7 and an       
opponent4 ,a motion to reconsider the   
vote on passage of the joint resolution 

shall not be in order4  7,d7 ,amendments
 ,no amendments shall be in order with  
respect to a joint resolution of        
approval4  7#f7 ,receipt of resolution  
from other ,house ,if1 before passing a 
joint resolution of approval1 one ,house
 receives a joint resolution of approval
 from the other ,house1 then-- 7,a7 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        
received2 and  7,b7 the procedures set  
forth in paragraphs 7#d7 and 7#e71 as   
applicable1 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       
,house4  7f7 ,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 ,president4  7g7 ,rules

 of the ,house and ,senate ,this section
 is enacted by ,congress-- 7#a7 as an   
exercise of the rulemaking power of the 
,senate and the ,house of               
,representatives1 respectively1 and as  
such is deemed a part of the rules of   
each ,house1 respectively1 but          
applicable only with respect to the     
procedure to be followed in the ,house  
in the case of joint resolutions        
described in this section1 and          
supersedes other rules only to the      
extent that it is inconsistent with such
 other rules2 and  7#b7 with full       
recognition of the constitutional right 
of either ,house to change the rules 7so
 far as relating to the procedure of    
that ,house7 at any time1 in the same   
manner1 and to the same extent as in the
 case of any other rule of that ,house4 
#bef4 ,termination of authority  7a7 ,in
 general ,any exercise of authority     
specified by the ,president in a        
proclamation made under subsection 7b7  
of section #bed shall terminate on the  

earliest of-- 7#a7 the date provided for
 in section #bee7;a72  7#b7 the date    
provided for in section #bee7;b72  7#c7 
the date specified in an ,act of        
,congress terminating the authority2    
7#d7 the date specified in a            
proclamation of the ,president          
terminating the emergency2 or  7#e7 the 
date of a revocation of a request for   
assistance under this chapter by the    
chief executive of the ,state in        
question4  7b7 ,effect of termination   
7#a7 ,in general ,effective on the date 
of the termination of authority under   
subsection 7a7-- 7,a7 except as provided
 by paragraph 7#b71 any powers or       
authorities exercised by reason of the  
authority shall cease to be exercised2  
7,b7 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 appropriated2 and  7,c7   

any contracts entered into under any    
provision of law relating to the        
execution of authority shall be         
terminated4  7#b7 ,savings provision    
,the termination of an exercise of      
authority under this chapter shall not  
affect-- 7,a7 any legal action taken or 
pending legal proceeding not finally    
concluded or determined on the date of  
the termination under subsection 7a72   
7,b7 any legal action or legal          
proceeding based on any act committed   
prior to that date2 or  7,c7 any rights 
or duties that matured or penalties that
 were incurred prior to that date4      
#beg4 ,judicial review  7a7 ,in general 
,notwithstanding1 and without prejudice 
to1 any other provision of law1 any     
individual or entity 7including a ,state
 or local government7 that is injured   
by1 or has a credible fear of injury    
from1 the use of members of the armed   
forces under this chapter may bring a   
civil action for declaratory or         
injunctive relief4 ,in any action under 

this section1 the district court shall  
have jurisdiction to decide any question
 of law or fact arising under this      
chapter1 including challenges to the    
legal basis for members of the armed    
forces to be acting under this chapter4 
7b7 ,standard of review ,a determination
 that the conditions specified in       
section #beb are met shall be upheld if 
supported by substantial evidence4  7c7 
,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 section4  7d7 ,appeals  7#a7 ,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      
section4  7#b7 ,filing deadline ,a party
 shall file an appeal under paragraph   

7#a7 not later than #cj days after the  
court issues a final decision under     
subsection 7a74  #beh4 ,state defined   
,for purposes of this chapter1 the term 
,state includes the ,commonwealth of    
,puerto ,rico1 the ,district of         
,columbia1 ,guam1 and the ,virgin       
,islands4  #bei4 ,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 #ejb7;a7 or 7f7 of title 
#cb may not be used to suppress a       
domestic insurrection or rebellion1     
quell domestic violence1 or enforce the 
law4  4  7c7 ,conforming amendments     
7#a7 ,use of ,state defense forces      
,section #aji7;c7 of title #cb1 ,united 
,states ,code1 is amended by inserting 1
 except as provided by section #bec of  
title #aj after armed forces4  7#b7     
,table of sections ,the table of        
sections at the beginning of chapter #ac
 of title #aj1 ,united ,states ,code1 is

 amended to read as follows3  ,sec4     
#bea4 ,statement of policy4 #beb4       
,triggering circumstances4 #bec4        
,authority of the ,president4 #bed4     
,consultation with ,congress2           
proclamation to disperse2 reporting     
requirement2 effective periods of       
authorities4 #bee4 ,congressional       
approval4 #bef4 ,termination4#beg4      
,judicial review4 #beh4 ,state defined4 
#bei4 ,limitation on use of ,national   
,guard members performing training or   
other duty for certain purposes4  4