S 2070119th CongressIn Committee

Insurrection Act of 2025

Introduced: Jun 12, 2025

Defense & National Security

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Insurrection Act of 2025 would create a new, codified framework for using the U.S. Armed Forces to respond to domestic insurrection, rebellion, or severe domestic violence, effectively replacing and updating the current Insurrection Act provisions in Title 10. The bill sets a policy that domestic deployment should be a last resort, triggered only when state and local authorities cannot handle the situation and federal civilian law enforcement cannot address it. It requires a State governor or supermajority of the State legislature to request assistance, explains when such deployment may occur (including insurrection/rebellion against state or federal government, widespread domestic violence, or obstruction of law enforcement or voting rights), and imposes several safeguards (chain of command, standing rules of engagement, limits on habeas corpus, and adherence to federal and state law). It also creates strict congressional oversight mechanisms, time-limited authority periods pending approval, and procedures for termination and judicial review. The bill would broaden the definition of “State” to include D.C. and certain possessions, and it imposes a notable prohibition on using National Guard members for these purposes under certain conditions.

Key Points

1Policy framework and triggering conditions
2- The bill creates a formal Insurrection Act framework in Title 10, stating that domestic deployment of the armed forces should be a last resort and only after state authorities cannot suppress insurrection or domestic violence or enforce obstructed laws, with Federal civilian law enforcement also unable to act.
3- Triggers include: insurrection/rebellion in a State (either against the State/local government or the U.S. government) overwhelming local authorities; widespread domestic violence overwhelming local authorities; or obstruction of law (state or federal) by private actors or state agents that deprives people of constitutional rights, with specific protections for voting rights.
4President’s authority and safeguards
5- The President may deploy active-duty reserve forces to suppress insurrection, quell domestic violence, or enforce laws, but must keep forces under the chain of command and operate under Standing Rules for the Use of Force.
6- The President cannot suspend habeas corpus, and deployments must comply with federal and applicable state law; deployment would rely on established rules of engagement and cannot authorize actions outside those bounds.
7Congressional oversight, proclamation, and reporting
8- The President must consult with Congress when practicable, issue a proclamation identifying the legal basis for the action, and report to Congress with details about circumstances, state requests, exhausted options, and the capabilities of the deployed forces.
9- The President must specify a plan to disperse lawbreakers within a reasonable time.
10Time limits and approval by Congress
11- Authorities granted under the act are temporary: default termination is seven days after a proclamation, unless a joint resolution of approval is enacted, or there is a material change in circumstances with a new proclamation and report.
12- If a joint resolution of approval is enacted, authority can extend for 14 days, with renewal possible only through another joint resolution or a new factual basis for action.
13- The act provides detailed congressional procedures for considering joint resolutions of approval in both the Senate and the House.
14Termination, judicial review, and state scope
15- Authority terminates on specified conditions (e.g., statutory termination, presidential termination, or State’s revocation of assistance), with provisions on the return of unobligated funds and termination of contracts.
16- Civil actions for declaratory or injunctive relief may be brought by injured parties, with expedited judicial review and an accelerated path to appeal to the Supreme Court.
17- The term “State” is defined to include Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, expanding the geographic scope beyond the 50 states.
18Resource and procedural limitations
19- The bill adds a specific prohibition on using National Guard members performing certain duties for suppressing insurrection or domestic violence, aligning Guard use with title 32 limitations.
20- It references the Standing Rules for the Use of Force and clarifies that the act does not grant broader statutory authority to the President.

Impact Areas

Primary group/area affected- State and local governments and law enforcement: the act defines when federal troops may be called in and requires state requests, affecting escalation dynamics and coordination with state authorities.- Civil liberties and voting rights interests: explicit protection and construction around voting rights issues (e.g., protection of voting rights under the Voting Rights Act) and the potential for federal intervention in law enforcement operations within states.Secondary group/area affected- Federal and civilian law enforcement: the act imposes a framework for cooperation and limits on actions, ensuring compliance with federal law and established rules of engagement.- Members of the armed forces and National Guard: the act imposes chain-of-command controls, sets limitations on National Guard use for these purposes, and ties deployments to standing force-use rules.Additional impacts- Legislative-executive branch dynamics: introduces formal, time-bound presidential authority contingent on congressional action, with explicit reporting and consultation requirements, potentially altering crisis decision-making timelines.- Judicial system: creates a pathway for expedited legal challenges and appeals related to deployments under this act, increasing federal court involvement during domestic security crises.- Constitutional and federal-state relations: broadens the jurisdictions (state definitions) and clarifies limits on executive power, while reaffirming civilian control of the military and preserving habeas corpus protections. Costs and implementation logistics would also be a consideration for states and the federal government during any deployment.

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