Title III: Narrow the Insurrection Act

TITLE III of The MAD Act

INSURRECTION ACT REFORM

SEC. 3001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.—This title may be cited as the "Insurrection Act Reform".

(b) Table of Contents.—The table of contents of this title is as follows:

Sec. 3001. Short Title; Table of Contents.

Sec. 3002. Findings.

Sec. 3003. Amendment to Title 10, United States Code.

§ 251. Definitions.

§ 252. Insurrection within a State at the request of a State.

§ 253. Obstruction of federal authority or deprivation of constitutional rights.

§ 254. Authority of the President—scope, limitations, and prohibitions.

§ 255. Mandatory pre-invocation consultation.

§ 256. Proclamation and joint certification requirements.

§ 257. Congressional notification, approval, and termination.

§ 258. Judicial review.

§ 259. Accountability, reporting, and Inspector General review.

§ 260. Financial accountability upon termination.

§ 261. Savings clause.

Sec. 3004. Conforming amendments.

Sec. 3004A. Conforming amendment to National Guard call-up authority; anti-evasion.

Sec. 3005. Severability.

Sec. 3006. Effective date.

SEC. 3002. FINDINGS.

Congress finds the following:

(1) The authority now codified at 10 U.S.C. §§ 251–255, commonly known as the Insurrection Act, derives from the Calling Forth Act of 1792 and is enacted pursuant to Congress's powers under Article I, Section 8, Clauses 14 through 16, and the Necessary and Proper Clause. The power to provide for calling forth the militia and the Armed Forces to suppress insurrection and execute the laws is committed to Congress, which possesses the corresponding authority to define and limit the circumstances, duration, and manner of any such domestic use of the Armed Forces.

(2) The Armed Forces exist to defend the Nation against foreign enemies and to respond to genuine insurrection and rebellion, and may not be deployed as an instrument of domestic political coercion or used against the people of the United States except in the limited circumstances, and subject to the limitations, set forth in this chapter.

(3) The permissible scope of domestic military deployment, and of any limitation Congress places upon it, is framed by Article I, Section 8, Clauses 14 through 16 and 18 (congressional power over the militia and the Armed Forces); Article I, Section 9, Clause 2 (under which the privilege of the writ of habeas corpus may be suspended only by Congress, only in cases of rebellion or invasion, and only when the public safety requires it); Article II, Section 3 (under which the President shall take care that the laws be faithfully executed); and the First, Fourth, Fifth, and Fourteenth Amendments.

(4) The authority to order the domestic use of the Armed Forces carries an inherent risk of self-interested abuse—specifically, that a President facing criminal accountability, impeachment, or an adverse electoral outcome may be tempted to invoke that authority not to address a genuine national emergency but to entrench or perpetuate the President's own hold on power. This title amends chapter 13 of title 10, United States Code, in part to guard against that risk by imposing limitations on the circumstances of invocation, requirements of certification and consultation, limits on duration, and provision for congressional and judicial review.

SEC. 3003. AMENDMENT TO TITLE 10, UNITED STATES CODE.

(a) IN GENERAL.—Chapter 13 of title 10, United States Code, is amended by striking sections 251 through 255 and inserting the following new sections:

"§ 251. Definitions.

"For purposes of this chapter:

"(1) The term 'State' includes Guam and the Virgin Islands.

"(2) The term 'Armed Forces' has the meaning given that term in section 101(a)(4) of this title, and includes any member of the National Guard called into Federal service pursuant to this chapter.

"(3) The term 'insurrection' as used in section 252 means organized, armed, violent resistance to the authority of the United States or of a State government, as distinguished from criminal activity, civil unrest, or political protest, however large or disruptive. The term 'insurrection' as used in section 252 is distinct from the term 'obstruction' as used in section 253; the former requires armed violent resistance, while the latter is defined in paragraph (8) of this section.

"(4) The term 'rebellion' means an uprising against the authority of the Government of the United States that is violent, armed, organized, open, and avowed, and that is directed against the Government as a whole rather than in opposition to a single law, policy, or issue. All of the foregoing characteristics must be present. Criminal activity, civil unrest, and political protest—however large or disruptive—do not constitute a rebellion, and resistance directed at a single law, policy, or issue does not constitute a rebellion within the meaning of this chapter.

"(5) The term 'substantial evidence' means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, assessed on the totality of the record as defined in section 258(d).

"(6) The term '7-day period' has the meaning given that term in section 257(b)(1).

"(7) The term 'joint certification' means the written document signed by the President, the Secretary of Defense, and the Attorney General meeting the requirements of section 256(b)(1) through (6), together with the separate independent certification of the Attorney General required by section 256(c). These two documents together constitute the complete certification package required for any invocation under this chapter, except as additionally required by sections 252(b) and 253(d).

"(8) The term 'obstruction' as used in section 253 means organized, collective conduct that physically prevents the enforcement of a specific federal law or a specific, enforceable federal court order, and does not include lawful protest, political opposition, non-compliance with administrative directives, or the enactment or enforcement of state laws in tension with federal policy.

"(9) The term 'credible fear of injury' as used in section 258(a) means a well-founded, objectively reasonable apprehension of harm—physical, legal, or constitutional—arising from the presence or anticipated presence of deployed forces in the geographic area identified in the proclamation. This standard does not require that injury have already occurred and is satisfied by proximity to the deployment area combined with a plausible theory of harm.

"(10) The term 'organized, armed violence' as used in section 253(b)(2) means coordinated, collective use of lethal force by an identifiable group acting in concert toward a common violent purpose, as distinguished from individual criminal acts, spontaneous crowd violence, or gang-related criminal activity, however widespread or violent. The term requires a degree of organization, command structure, and coordination substantially exceeding that of ordinary criminal enterprises.

"§ 252. Insurrection within a State at the request of a State.

"(a) AUTHORITY.—Whenever there is an organized, armed insurrection in any State against its government, the President may, upon the request of the Governor of the State concerned (or the legislature of such State if the Governor is unavailable or cannot be convened), call into Federal service such of the militia of the other States, in the number requested by the Governor, and use such of the Armed Forces as necessary to suppress the insurrection.

"(b) CERTIFICATION REQUIREMENT.—The President may not invoke the authority under this section unless the President, the Secretary of Defense, and the Attorney General jointly certify to Congress in writing that: (1) the Governor of the State concerned has formally requested the aid described in subsection (a); (2) the insurrection is organized and armed in character; and (3) the resources of the State are insufficient to suppress it. The certification required by this subsection is in addition to, and does not supersede, the joint certification and proclamation requirements of section 256, which apply to all invocations under this chapter.

"(c) SCOPE.—Any deployment under this section is limited to suppression of the specific armed insurrection identified in the certification and may not be used for broader law enforcement purposes.

"§ 253. Obstruction of federal authority or deprivation of constitutional rights.

"(a) AUTHORITY.—Subject to the requirements of this chapter, whenever the conditions specified in subsection (b) are met, the President may call into Federal service such of the militia of any State and use such of the Armed Forces as necessary to enforce federal law or suppress the rebellion giving rise to those conditions. The determination of whether the conditions in this section are met is a justiciable question of law and fact not committed to unreviewable presidential discretion.

"(b) TRIGGERING CONDITIONS.—The President may invoke the authority under this section only upon a finding, supported by substantial evidence, that one or both of the following tracks are met:

"(1) RIGHTS-DEPRIVATION TRACK.—Unlawful obstructions or rebellion against the authority of the United States make it impracticable to enforce the laws of the United States by the ordinary course of judicial proceedings, AND such obstruction or rebellion deprives a group or class of people of rights, privileges, or immunities secured by the Constitution or laws of the United States, including explicitly the right to vote as protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) and section 2004 of the Revised Statutes (52 U.S.C. 10101); OR

"(2) PUBLIC SAFETY COLLAPSE TRACK.—An immediate and grave threat to public safety exists that cannot, based on documented evidence, be adequately addressed by the combined resources of federal, state, and local law enforcement, AND such threat results from organized, armed violence as defined in section 251(10). For purposes of this paragraph, the documented evidence shall include an assessment of law enforcement capacity from the Federal Bureau of Investigation or the relevant state or local law enforcement agencies, and may not consist solely of assessments prepared by politically appointed officials of the Executive Office of the President.

"(c) EXCLUSIONS.—The following conditions, standing alone or in combination, shall NOT constitute sufficient grounds for invocation under this section: (1) peaceful protesting, assembly, demonstration, or civil disobedience, regardless of size or subject matter; (2) a State's or locality's adoption of laws or policies that differ from federal preferences, absent a specific, enforceable federal court order being actively and physically obstructed; (3) elevated crime rates or generalized civil disorder manageable by existing civilian law enforcement; (4) immigration enforcement operations not involving organized armed resistance to federal authority; or (5) political opposition to executive branch policies or orders.

"(d) CERTIFICATION.—The President may not invoke authority under this section unless the President, the Secretary of Defense, and the Attorney General jointly certify to Congress that:

"(1) the State concerned is unable or unwilling to suppress the specific obstruction or rebellion described in subsection (b);

"(2) one of the two tracks in subsection (b) is met, with specific factual findings for each element;

"(3) the conditions listed in subsection (c) are not a material contributing cause of the circumstances cited to justify invocation, and that the deployment is not being used, in whole or in material part, to suppress, punish, or deter the exercise of any right described in subsection (c); and

"(4) the invocation is not connected in whole or in material part to any pending federal criminal proceeding, any impeachment inquiry or proceeding pending before Congress, or any election certification dispute in which the President is a named party, named subject, or named target at the time of invocation.

"(e) CHANGED CIRCUMSTANCES RE-CERTIFICATION.—If, during an active invocation under this chapter, the President becomes a named party, named subject, or named target in any proceeding described in subsection (d)(4), the President shall notify Congress within 24 hours of that development. Within 48 hours of such development, the Attorney General shall issue an updated conflict-of-interest certification under section 256(c) addressing the changed circumstances. If the Attorney General cannot certify that the invocation remains untainted by the conflict, the invocation shall be subject to mandatory congressional review under the privileged procedures of section 257(d) within 7 days, and any member of either chamber may introduce a joint resolution of termination during that period pursuant to section 257(d)(4).

"§ 254. Authority of the President—scope, limitations, and prohibitions.

"(a) GENERAL AUTHORITY.—Subject to the requirements of this chapter, if the conditions specified in section 252 or 253 are met, the President may order to active duty reserve component forces and use the Armed Forces to suppress the insurrection, rebellion, or obstruction, or enforce the laws, as applicable.

"(b) PROHIBITION ON PRIVATE DEPUTIZATION.—The authority granted by this chapter may only be exercised through uniformed members of the Armed Forces of the United States or members of the National Guard called into Federal service pursuant to this chapter. No private citizen, private organization, paramilitary group, private military contractor, private security contractor, or any other non-governmental entity or individual may be deputized, authorized, retained, or directed to exercise any authority under this chapter, whether under contract, letter of authorization, executive order, or any other instrument.

"(c) PROHIBITION ON MARTIAL LAW.—Nothing in this chapter shall be construed to authorize: (1) the declaration of martial law or the imposition of military governance over any civilian jurisdiction; (2) the suspension of habeas corpus, which power is reserved exclusively to Congress under Article I, Section 9, Clause 2 of the Constitution; (3) the displacement or suspension of civilian judicial, legislative, or executive authority in any State, county, city, or other jurisdiction; or (4) the detention of any person without judicial process beyond what is constitutionally permissible.

"(d) PROHIBITION ON TARGETING PROTECTED ACTIVITY.—Forces deployed under this chapter shall not be used to:

"(1) monitor, surveil, or collect intelligence on individuals or organizations engaged in lawful activity, including political organizing, protest, or journalism;

"(2) conduct arrests, searches, or seizures unrelated to the specific armed insurrection or obstruction identified in the proclamation issued under section 256;

"(3) target any person based on political affiliation, race, religion, national origin, or the exercise of First Amendment rights;

"(4) operate outside the specific geographic area identified in the proclamation without a new or amended proclamation meeting all requirements of this chapter; or

"(5) restrict, delay, or interfere with any session of Congress or any state legislature, any federal or state electoral process, or the counting or certification of any election results, at any level of government, for any reason; provided, however, that this paragraph shall not prohibit the use of forces to physically repel an active armed attack on the Capitol Building or any other building in which a session of Congress is actively taking place at the time of the attack, and that such use shall be strictly limited to repelling the attack and shall not extend to any interference with the conduct of legislative business or the movement of members of Congress.

"(e) LAW ENFORCEMENT RESTRICTION.—Forces deployed under this chapter shall not perform routine law enforcement functions—including executing warrants, making arrests, or conducting searches or seizures—except as directly necessary to suppress the specific armed insurrection or obstruction identified in the proclamation.

"(f) RULES OF CONSTRUCTION.—The authority to conduct arrests, searches, and seizures that are directly necessary to suppress the specific insurrection or obstruction as described in subsection (e) does not exceed the limitations set forth in subsection (e), which governs in all cases of apparent conflict with subsection (d)(2).

"(g) RULES OF ENGAGEMENT.—The Secretary of Defense shall, within 90 days of enactment of this section and updated within 30 days of any invocation, promulgate and publicly release rules of engagement for all domestic deployments under this chapter consistent with this section.

"§ 255. Mandatory pre-invocation consultation.

"(a) CONSULTATION WITH GOVERNORS.—Prior to invoking any authority under this chapter, the President shall consult with the Governor of each State in which forces are to be deployed. Such consultation shall include provision of the information required in the certification under section 256(b).

"(b) CONSULTATION WITH CONGRESSIONAL LEADERSHIP.—Prior to invocation, the President shall consult with the Speaker of the House, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader, and shall provide each with a written summary of the factual basis for the proposed invocation.

"(c) EXCEPTION FOR IMMINENT THREAT.—Where an imminent armed threat makes pre-invocation consultation physically impracticable, the President may invoke the authority with simultaneous notification and shall complete all consultation requirements within 24 hours of invocation, documenting in writing why pre-consultation was impracticable. This exception applies to the consultation requirements of this section only and does not affect any other requirement of this chapter.

"(d) EXCEPTION FOR GOVERNOR COMPLICITY.—Where the Governor of the affected State is a party to or is facilitating the insurrection or obstruction triggering invocation, the requirement to consult with that Governor is waived. A finding of Governor complicity under this subsection must be separately and independently certified by the Attorney General in the independent certification required by section 256(c), based on specific, articulable evidence set forth in writing. The President's own determination that a Governor is complicit is not sufficient absent such independent Attorney General certification. The President shall document such finding and the reference to the Attorney General's independent certification in the proclamation issued under section 256.

"§ 256. Proclamation and joint certification requirements.

"(a) PROCLAMATION REQUIRED.—Before exercising any authority under this chapter, the President shall issue a public proclamation ordering the dispersal of persons engaged in the insurrection or obstruction. No authority under this chapter may be exercised prior to the issuance of such proclamation. Where an imminent armed attack makes prior issuance physically impracticable—such as an active armed assault on federal institutions or personnel—the President may exercise authority simultaneously with issuance, provided that: (1) the proclamation is issued within one hour of the commencement of any deployment; and (2) the proclamation documents in writing the specific facts that made prior issuance impossible. If the President fails to issue the proclamation within one hour as required by this subsection, the invocation shall be void ab initio and all forces deployed thereunder shall be immediately withdrawn. No subsequent proclamation may cure a void invocation; a new invocation meeting all prior-issuance requirements of this subsection is required. The consultation waiver in section 255(c) and the proclamation waiver in this subsection are independent provisions and neither implies nor incorporates the other.

"(b) CONTENTS OF PROCLAMATION AND JOINT CERTIFICATION.—The proclamation shall include, and shall be accompanied by, a joint written certification signed by the President, the Secretary of Defense, and the Attorney General, containing:

"(1) the specific section or sections of this chapter being invoked;

"(2) specific factual findings supporting each element of the triggering conditions under section 252 or 253, as applicable;

"(3) the geographic area of deployment;

"(4) the nature, number, command structure, and specific authorized mission of forces to be deployed;

"(5) an identification of all federal, state, and local law enforcement alternatives considered and the reasons they are insufficient; and

"(6) in the case of invocation under section 253(b)(1), identification of the specific constitutional right or rights being denied and the class or group affected.

"(c) INDEPENDENT ATTORNEY GENERAL CERTIFICATION.—Simultaneously with the joint certification required by subsection (b), the Attorney General shall transmit to Congress a separate, stand-alone certification contained in a document signed by the Attorney General alone and not co-signed by the President or the Secretary of Defense. This certification shall state: (1) that the invocation is based on the national security or law enforcement grounds set forth in section 253 and is not materially connected to any personal legal or political interest of the President; (2) that the invocation is not connected in whole or in material part to any pending federal criminal proceeding, any impeachment inquiry or proceeding pending before Congress, or any election certification dispute in which the President is a named party, named subject, or named target at the time of invocation; (3) that the deployment does not restrict, delay, or interfere with any session of Congress or any state legislature, any federal or state electoral process, or the counting or certification of any election results; (4) that, where applicable, the Governor complicity finding required by section 255(d) is supported by specific, articulable evidence as set forth in this certification; (5) that the Attorney General's certification was not reviewed, edited, or approved by the President or the Secretary of Defense prior to transmission; and (6) that the foregoing statements are true and correct to the best of the Attorney General's knowledge and belief, made under penalty of applicable federal criminal law including 18 U.S.C. § 1001. The Attorney General's certification shall be transmitted directly and simultaneously to the congressional leaders and committee chairs designated in section 257(a) and shall not pass through or be reviewed by the Executive Office of the President prior to transmission. Where the President is the subject of any proceeding or dispute described in paragraph (2), the Attorney General shall additionally document the specific, articulable facts constituting the independent assessment of national necessity on which the invocation is based.

"(d) CLASSIFIED SUPPLEMENT.—Where the President determines that specific elements of the proclamation or joint certification contain information whose public disclosure would cause identifiable, serious damage to national security, the President may designate such elements as classified. In such case: (1) a classified supplement meeting all requirements of subsection (b) shall be provided simultaneously to the congressional leaders and committee chairs designated in section 257(a), to be held under appropriate security protocols; (2) a redacted public proclamation must still be issued and must contain, at minimum, the geographic area of deployment, the specific section of this chapter being invoked, and a general description of the nature of the deployment sufficient to apprise the public that military forces are being deployed domestically and where; and (3) in any judicial proceeding under section 258, the full classified supplement shall be provided to the court and reviewed in camera under procedures consistent with the Classified Information Procedures Act (18 U.S.C. App. III). The classified supplement procedures of this subsection do not reduce or modify any requirement of subsection (b) or (c); they provide only for the manner of disclosure.

"(e) ATTORNEY GENERAL DEFINED FOR PURPOSES OF THIS CHAPTER.—For purposes of any certification required under this chapter, the term 'Attorney General' means the Attorney General of the United States, or any officer of the Department of Justice who holds a position to which that officer was appointed by and with the advice and consent of the Senate and who is acting as Attorney General pursuant to section 508 of title 28, United States Code. An individual whose only authority to act as Attorney General derives from a Presidential designation under section 3345(a)(2) or (a)(3) of title 5, United States Code, may not sign any certification under this chapter, regardless of any other office that individual may hold. For the avoidance of doubt, the requirement that a certifier be Senate-confirmed refers to confirmation to the office the certifier actually holds, and not to confirmation to the office of Attorney General.

"§ 257. Congressional notification, approval, and termination.

"(a) IMMEDIATE REPORTING.—Within 24 hours of invoking any authority under this chapter, the President shall submit to the majority and minority leaders of both chambers and to the Committees on Armed Services, the Committees on the Judiciary, and the Committees on Homeland Security of both chambers a written report containing all elements required under section 256(b) plus the daily operational reports required by section 259(a).

"(b) INITIAL 7-DAY PERIOD.—

"(1) Without further congressional action, any authority invoked under this chapter shall lapse at the end of the 7-day period.

"(2) The 7-day period shall begin at the time of invocation in all cases. The reference in this paragraph to a 48-hour period applies solely to the circumstance in which Congress is adjourned at the time of invocation and concerns the duty to reconvene; in no case shall the commencement of the 7-day period be delayed beyond the time of invocation. If Congress is adjourned at the time of invocation, it shall be the mandatory duty of the Speaker of the House and the President pro tempore of the Senate to reconvene their respective chambers within 48 hours of receiving notification of invocation. In all cases, authority shall lapse 7 days from the time of invocation regardless of subsequent congressional action or any failure to reconvene. This provision creates a consequence for failure to reconvene rather than a judicially enforceable duty against congressional officers, and no court shall be required to compel reconvening as a condition of enforcing the 7-day lapse. The President shall, simultaneously with invocation, formally notify the leaders of both chambers of the invocation and of their duty to reconvene.

"(c) CONGRESSIONAL APPROVAL FOR EXTENSION.—Upon application by the President prior to expiration of the 7-day period, Congress may extend the authority for a period not to exceed 30 days by enacting a joint resolution of approval meeting the requirements of subsection (f). Not more than two such extensions may be authorized with respect to a single invocation or related series of events. Any further extension shall require a new invocation meeting all requirements of this chapter. No new invocation covering substantially the same geographic area or substantially the same set of circumstances as a prior invocation may be issued within 90 days of the expiration or termination of the prior invocation's authorization, absent a written Presidential certification—separately certified by the Attorney General—that materially changed factual circumstances justify a new invocation. Courts shall apply de novo review to any such recency certification under section 258. For purposes of this subsection, an invocation shall be presumed to cover substantially the same geographic area and circumstances as a prior invocation if it applies to any State, metropolitan area, or geographic region that was subject to the prior invocation and the same underlying dispute, movement, or series of events is ongoing. This presumption may be rebutted only by the materially changed circumstances certification described in this subsection. For purposes of this subsection, a void ab initio invocation declared under section 256(a) shall be treated as a prior invocation whose authorization terminated on the date the void was declared, and the 90-day cooling-off period shall run from that date.

"(d) ANTI-FILIBUSTER PROCEDURE.—Any joint resolution under this section—whether of approval or of termination—shall be treated as follows: (1) it is privileged business in both chambers, not subject to a motion to table, postpone, or refer; (2) debate is limited to not more than 10 hours per chamber, divided equally between proponents and opponents; (3) no cloture motion is required, and passage requires only a simple majority of members present and voting, except as provided in subsection (e)(3); and (4) any member of either chamber may introduce a joint resolution of termination under subsection (e) at any time while authority under this chapter is in effect.

"(e) CONGRESSIONAL TERMINATION.—

"(1) Congress may terminate any invocation at any time by enacting a joint resolution of termination passed by a simple majority of both chambers.

"(2) NON-VETO RULE.—A joint resolution of termination enacted pursuant to this subsection shall not be subject to presidential veto. The constitutional basis for this provision is Congress's Article I authority to withdraw the statutory authorization it has granted. A President who has deployed military forces against the American people shall not hold veto power over the legislative branch's authority to order those forces to stand down.

"(3) FALLBACK.—If paragraph (2) is held unconstitutional or invalid by a court of competent jurisdiction, any joint resolution of termination shall be subject to presentment to the President and may be overridden by a two-thirds majority of both chambers pursuant to Article I, Section 7 of the Constitution.

"(f) FORM OF JOINT RESOLUTIONS.—A joint resolution under this section shall contain only the following after its resolving clause: (1) for a resolution of approval: a provision identifying the section of this chapter invoked, the date of invocation, the geographic area of deployment, and a statement that authority may continue for a specified period, not to exceed 30 days, unless enjoined by a court of competent jurisdiction; and (2) for a resolution of termination: a provision directing the immediate withdrawal of all forces deployed under the specified invocation and the cessation of all activities authorized under it.

"(g) PRESIDENTIAL SUCCESSION.—If the President who invoked authority under this chapter leaves office for any reason—including removal by impeachment, resignation, death, or transfer of power under the Twenty-Fifth Amendment—during a period in which such authority is in effect, the authority shall remain in effect for a period not to exceed 72 hours following the succession. Within that 72-hour period, the successor President shall either: (1) issue a new joint certification under section 256(b) and a new independent certification under section 256(c), affirming that the triggering conditions continue to exist, in which case the original 7-day clock continues from its original start date without reset or extension; or (2) issue a proclamation of termination, whereupon all forces shall be immediately withdrawn. Failure to act within 72 hours shall be deemed a termination of the invocation and all forces shall be immediately withdrawn. The 7-day clock shall under no circumstances be reset or extended by reason of presidential succession.

"§ 258. Judicial review.

"(a) CAUSE OF ACTION.—Notwithstanding 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 imminent 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 district court of the United States.

"(b) JURISDICTION.—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.

"(c) STANDING.—The 'credible fear of injury' standard in subsection (a) shall be construed to permit actions by:

"(1) any individual residing in or present within the geographic area of deployment;

"(2) any State or local government within the geographic area of deployment;

"(3) any organization whose members would be subject to the deployment; and

"(4) any individual member of Congress, without requiring authorization by a chamber resolution. No rule of either chamber may be construed to require a member of Congress to obtain chamber authorization as a precondition to exercising the standing conferred by this paragraph.

"(d) STANDARD OF REVIEW.—Courts shall review whether the triggering conditions under section 252 or 253 are supported by substantial evidence in the record, and whether the deployment complies with the limitations in section 254. Courts shall not substitute their judgment for the President's on military necessity, but shall rigorously examine whether the specific statutory criteria have been met. For purposes of this section, the record shall consist of: (1) the joint certification and proclamation issued pursuant to section 256; (2) all evidence actually submitted to or in the possession of the President, the Secretary of Defense, and the Attorney General at the time the findings required by this chapter were made; (3) any daily operational reports submitted pursuant to section 259(a) prior to the date of judicial filing; and (4) any additional evidence submitted to the court by any party. The government may not limit the record for purposes of judicial review to the four corners of the joint certification. In cases involving classified supplements submitted under section 256(d), the court shall review the classified supplement in camera under procedures consistent with the Classified Information Procedures Act (18 U.S.C. App. III).

"(e) FACIALLY DEFICIENT CERTIFICATION; BURDEN OF PRODUCTION; LAPSE.—

"(1) PRESUMPTION.—A certification or proclamation issued under section 256 that omits any element required by section 256(b) or (c), or that is contradicted on its face by the law enforcement capacity assessment required by section 253(b)(2), shall be presumed invalid, and any invocation resting on it shall be presumed not supported by substantial evidence.

"(2) BURDEN OF PRODUCTION.—In any action under this section, upon a plaintiff's showing that raises a substantial question whether the triggering conditions under section 252 or 253 are met, the burden shall be on the government to produce to the court the evidentiary record described in subsection (d) that was before the certifying officials at the time the findings were made. The government shall produce that record, including any classified supplement under section 256(d) for in camera review, not later than 72 hours after the court so orders.

"(3) CONSEQUENCE OF NON-PRODUCTION.—If the government fails to produce the record within the time required by paragraph (2), or if the record as produced does not contain substantial evidence supporting each element of the triggering conditions, the court shall declare the invocation invalid, and the invocation shall lapse by operation of law upon entry of that order. Forces deployed under the lapsed invocation shall be withdrawn immediately, and the court may order their withdrawal pursuant to subsection (g), with financial wind-down governed by section 260.

"(4) RELATION TO DEFERENCE.—Nothing in this subsection requires the court to substitute its judgment for that of the President on questions of military necessity. The court's inquiry under this subsection is limited to whether the statutory elements are supported by substantial evidence in the produced record and whether the deployment complies with section 254.

"(f) EXPEDITED CONSIDERATION.—It shall be the duty of the applicable district court to advance the case on its docket and to assign the case for hearing at the earliest practicable date. The court shall issue a ruling not later than 10 calendar days after the filing of the complaint. It shall be the duty of the court of appeals to advance any appeal on its docket for hearing within 5 calendar days of the filing of a notice of appeal. It shall be the duty of the Supreme Court to advance any petition for certiorari arising under this chapter for consideration at the earliest practicable date, and the Court is authorized to establish expedited procedures for such matters.

"(g) AVAILABLE RELIEF.—Courts may issue injunctive or declaratory relief, including ordering the immediate withdrawal of forces, upon a finding that: (1) the statutory triggering conditions are not supported by substantial evidence; or (2) the deployment violates the scope limitations of section 254.

"(h) HABEAS CORPUS.—Nothing in this section shall be construed to limit the availability of the constitutionally guaranteed writ of habeas corpus to any person detained in connection with a deployment under this chapter.

"§ 259. Accountability, reporting, and Inspector General review.

"(a) DAILY OPERATIONAL REPORTS.—For each day that forces remain deployed under this chapter, the President shall submit to the congressional leaders and committee chairs designated in section 257(a) a daily report describing: troop locations and numbers; any use of force, arrest, or detention; any intelligence collection activity; and whether the conditions justifying invocation continue to exist in the specific geographic area identified in the proclamation. Where any element of the daily report contains classified information, the President shall submit a redacted public version and a classified annex to the designated congressional leaders and committee chairs under section 257(a) under appropriate security protocols. The redacted public version shall contain, at minimum, troop location by State or region and the President's overall assessment of whether triggering conditions continue to exist.

"(b) INSPECTOR GENERAL REVIEW.—The Inspector General of the Department of Defense shall conduct an independent review of any deployment under this chapter. The Inspector General shall deliver a written report to Congress not later than 60 days after the termination of any invocation. Such report shall evaluate: compliance with this chapter; compliance with rules of engagement issued under section 254(g); and any evidence of use of deployed forces for purposes outside the scope of the invocation. Where the Inspector General determines that specific findings would disclose classified information, the IG shall issue a redacted public version of the report and a classified annex, transmitted to the congressional leaders and committee chairs designated in section 257(a) under appropriate security protocols. The redacted public version shall contain, at minimum, the IG's overall compliance determination and any findings of non-compliance that do not require classified disclosure.

"(c) CIVIL LIBERTIES REPORT.—Within 180 days of the termination of any invocation, the Assistant Attorney General for Civil Rights, acting independently of the Attorney General who certified the invocation, shall submit a public report to Congress assessing whether any violations of the First, Fourth, Fifth, or Fourteenth Amendment occurred during the deployment; any complaints received by the Department of Justice related to the deployment; and recommendations for further legislative action. Where the Attorney General who certified the invocation is also the serving Attorney General at the time the report is due, the report shall be prepared by the Civil Rights Division without direction or supervision from the Attorney General, and shall be transmitted directly to Congress. The reporting obligation under this subsection shall not be waived or delegated to the Attorney General who signed the invocation certification.

"(d) ACCOUNTABILITY.—Any member of the Armed Forces, regardless of rank, who knowingly directs or executes action under a purported invocation of this chapter that does not comply with its requirements shall be subject to accountability under the Uniform Code of Military Justice and applicable federal law. Any civilian—including political appointees, White House staff, Department of Defense civilians, and contractors—who knowingly directs, facilitates, or participates in a domestic deployment that does not comply with this chapter may be subject to prosecution under 18 U.S.C. § 242 (deprivation of rights under color of law), 18 U.S.C. § 371 (conspiracy against rights or to defraud the United States), and any other applicable federal criminal statute.

"(e) WHISTLEBLOWER PROTECTION.—No member of the Armed Forces, Department of Defense civilian employee, or federal contractor shall be subject to any adverse action, reprisal, or disciplinary proceeding based on: (1) a good-faith refusal to execute an order that the member or employee reasonably believes violates the requirements of this chapter; or (2) a good-faith report to Congress, the Inspector General, or any court of competent jurisdiction of conduct that the member or employee reasonably believes violates this chapter. Any such refusal or report shall be treated as protected activity under 10 U.S.C. § 1034 (military whistleblower protection) and 5 U.S.C. § 2302 (prohibited personnel practices), as applicable. Any adverse action taken in violation of this subsection shall be subject to the remedies available under those statutes.

"§ 260. Financial accountability upon termination.

"(a) RETURN OF FUNDS.—Upon the termination—whether by lapse, congressional resolution, court order, operation of section 257(g), a determination that an invocation is void ab initio under section 256(a), a lapse by operation of law under section 258(e), or any other termination of authority under this chapter—of any authority exercised under this chapter: (1) any amounts appropriated, reprogrammed, or transferred in connection with such exercise that remain unobligated on the date of termination shall be returned and made available only for the purposes for which they were originally appropriated; and (2) any contracts entered into in connection with such exercise shall be terminated, subject to applicable contract law.

"(b) SAVINGS FOR LEGAL PROCEEDINGS.—The termination of an exercise of authority under this chapter shall not affect: (1) any criminal prosecution initiated prior to the date of termination, except that this paragraph shall not protect any criminal prosecution that was initiated based solely on arrests, detentions, or searches conducted pursuant to an invocation that is subsequently declared void ab initio under section 256(a), in which case the legal consequences of the void invocation on pending prosecutions shall be determined by applicable constitutional and evidentiary law without the protection of this paragraph; (2) any legal proceeding not finally concluded or determined on the date of termination; or (3) any rights, duties, or penalties that matured or were incurred prior to the date of termination.

"§ 261. Savings clause.

"(a) GENUINE INSURRECTION AGAINST THE FEDERAL GOVERNMENT.—Nothing in this chapter shall be construed to impair the President's ability to respond with necessary speed to an organized, armed insurrection actively seeking the violent overthrow of the federal government itself, including by armed attack on the Capitol, the White House, or other federal institutions or personnel. In such a case, the requirements of this chapter are modified as follows during the period of the initial emergency deployment:

"(1) WAIVED REQUIREMENTS.—The pre-consultation requirements of section 255(a) and (b) are waived and replaced by simultaneous notification to all parties required to be consulted;

"(2) MODIFIED REQUIREMENTS.—The pre-proclamation requirement of section 256(a) is modified as provided in that section's emergency clause. The void ab initio consequences specified in section 256(a) for failure to issue the proclamation within one hour apply without modification under this subsection;

"(3) REQUIREMENTS THAT REMAIN IN FULL FORCE.—The joint certification requirements of section 256(b), the independent Attorney General certification of section 256(c), all reporting requirements of section 257(a), and all other obligations under this chapter remain in full force and shall be performed within 24 hours of the commencement of deployment. For purposes of section 256(c), the requirement of simultaneity with the joint certification shall be satisfied if both certifications are transmitted within the same 24-hour window required by this paragraph; and

"(4) CLOCK.—Nothing in this subsection suspends the 7-day clock of section 257(b), which begins at the time of invocation regardless of whether pre-deployment requirements have been completed.

"(b) OTHER STATUTES.—Nothing in this chapter shall be construed to limit any other lawful authority of the President or the Armed Forces under the Constitution or any other Act of Congress not addressed herein, including authority under the Stafford Act to respond to natural disasters or public health emergencies.".

(b) CHAPTER HEADING.—The heading of chapter 13 of title 10, United States Code, is amended to read as follows:

CHAPTER 13—DOMESTIC USE OF ARMED FORCES

(c) 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:

251. Definitions.

252. Insurrection within a State at the request of a State.

253. Obstruction of federal authority or deprivation of constitutional rights.

254. Authority of the President—scope, limitations, and prohibitions.

255. Mandatory pre-invocation consultation.

256. Proclamation and joint certification requirements.

257. Congressional notification, approval, and termination.

258. Judicial review.

259. Accountability, reporting, and Inspector General review.

260. Financial accountability upon termination.

261. Savings clause.".

SEC. 3004. CONFORMING AMENDMENTS.

(a) The Posse Comitatus Act (18 U.S.C. § 1385) is amended by adding at the end the following: "To the extent the foregoing exception for action expressly authorized by Act of Congress rests upon chapter 13 of title 10, that authorization shall be narrowly construed, and chapter 13 shall not be deemed to authorize any use of the Armed Forces for domestic purposes beyond the specific, limited circumstances set forth in that chapter. Nothing in this sentence shall be construed to expand, contract, or otherwise affect any other exception to this section.".

(b) Any existing executive orders, directives, or policies referencing the Insurrection Act shall have no force or effect to the extent inconsistent with this title.

(c) The phrase "or by any other means" and any cognate language granting authority beyond the uniformed Armed Forces and federalized National Guard in prior enumerations of the authority under chapter 13 of title 10, United States Code, is expressly repealed.

SEC. 3004A. CONFORMING AMENDMENT TO NATIONAL GUARD CALL-UP AUTHORITY; ANTI-EVASION.

(a) DEFINITION OF REBELLION.—Section 12406 of title 10, United States Code, is amended—

(1) by inserting "(a) CALL.—" before "Whenever"; and

(2) by adding at the end the following new subsection:

(b) DEFINITION; LIMITATION.—

(1) For purposes of subsection (a), the term 'rebellion' has the meaning given that term in section 251(4) of this title.

(2) The authority under subsection (a) may not be invoked on the basis of paragraph (2) or (3) of subsection (a) in any circumstance that falls within the subject matter of chapter 13 of this title, as a means of circumventing the requirements, limitations, and protections of that chapter. Where a domestic use of the National Guard or the Armed Forces is undertaken to suppress an insurrection, rebellion, or obstruction, or to enforce the laws of the United States against organized resistance, of a kind addressed by chapter 13, the proclamation, certification, consultation, time-limitation, congressional-approval, judicial-review, and accountability requirements of chapter 13 shall apply, and a call under this section shall serve only as the mechanism for ordering members and units of the National Guard into Federal service in support of an invocation made in compliance with chapter 13.

(3) Nothing in this subsection limits the authority under subsection (a) to repel an invasion under paragraph (1) of subsection (a), or to call the National Guard into Federal service for any purpose that does not fall within the subject matter of chapter 13.".

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to authorize any domestic use of the Armed Forces or the National Guard that is not otherwise authorized by law, or to expand the authority granted by section 12406 of title 10, United States Code.

SEC. 3005. SEVERABILITY.

If any provision of this title, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this title and its application to other persons or circumstances shall not be affected. In the event that section 257(e)(2) is held unconstitutional or invalid, section 257(e)(3) shall automatically become the operative provision of that subsection without further legislative action.

SEC. 3006. EFFECTIVE DATE.

This title shall take effect upon enactment and shall apply to any invocation of authority under chapter 13 of title 10, United States Code, occurring on or after such date.