Stop Using Military Force Against Civilians Act

I 116TH CONGRESS 2D SESSION H. R. 7129 To amend title 10, United States Code, to limit the authority of the President to use the militia or Armed Forces to enforce Federal authority or to provide Federal aid to State governments, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2020 Mr. CICILLINE (for himself, Mr. BEYER, Ms. WILSON of Florida, Mr. WELCH, Mr. NEAL, Ms. SEWELL of Alabama, Mr. DEUTCH, Ms. VELA´ZQUEZ, Mrs. CAROLYN B. MALONEY of New York, Mr. MEEKS, and Mr. TED LIEU of California) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to limit the authority of the President to use the militia or Armed Forces to enforce Federal authority or to provide Federal aid to State governments, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Using Military 4 Force Against Civilians Act’’. 5 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7129 IH SEC. 2. AUTHORITY TO USE MILITIA OR ARMED FORCES TO 1 ENFORCE FEDERAL AUTHORITY OR PROVIDE 2 FEDERAL AID TO STATE GOVERNMENTS. 3 (a) SENSE OF CONGRESS.—It is the sense of Con- 4 gress that the use of authorities under chapter 13 of title 5 10, United States Code, to abridge the exercise of rights 6 guaranteed under the First Amendment to the Constitu- 7 tion of the United States, including to silence protected 8 demonstrations and protests, is unlawful and not in the 9 interest of the United States. 10 (b) LIMITATION ON DURATION OF AUTHORITY.— 11 (1) LIMITATION.—Chapter 13 of title 10, 12 United States Code, is amended by adding at the 13 end the following new section: 14 ‘‘§ 256. Limitation on duration of authority 15 ‘‘(a) LIMITATION ON DURATION.—Subject to sub- 16 section (b) and except in the case of a natural disaster, 17 the authority to call into Federal service or use the militia 18 of a State or the armed forces pursuant to section 251, 19 252, or 253 of this chapter with respect to one set of 20 events shall expire after a period of not more than three 21 days. Upon termination of such authority, the President 22 shall withdraw any militia or armed forces called into Fed- 23 eral service or used pursuant to such sections. 24 ‘‘(b) CONGRESSIONAL AUTHORIZATION FOR EXTEN- 25 SION.—Upon the termination of the period specified in 26 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7129 IH subsection (a), the President may extend the authority re- 1 ferred to in such subsection for a period of not more than 2 14 days, if a law is enacted specifically authorizing such 3 extension. Not more than two such authorizations for ex- 4 tension may be enacted into law with respect to any one 5 set of events.’’. 6 (2) CONFORMING AMENDMENTS.— 7 (A) FEDERAL AID FOR STATE GOVERN- 8 MENTS.—Section 251 of title 10, United States 9 Code, is amended by striking ‘‘Whenever’’ and 10 inserting ‘‘Subject to section 256 of this title, 11 whenever’’. 12 (B) USE OF MILITIA AND ARMED FORCES 13 TO ENFORCE FEDERAL AUTHORITY.—Section 14 252 of title 10, United States Code, is amended 15 by striking ‘‘Whenever’’ and inserting ‘‘Subject 16 to section 256 of this title, whenever’’. 17 (C) INTERFERENCE WITH STATE AND 18 FEDERAL LAW.—Section 253 of title 10, United 19 States Code, is amended by striking ‘‘The 20 President’’ and inserting ‘‘Subject to section 21 256 of this title, the President’’. 22 (3) CLERICAL AMENDMENT.—The table of sec- 23 tions at the beginning of chapter 13 of title 10, 24 VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7129 IH United States Code, is amended by adding at the 1 end the following new item: 2 ‘‘256. Limitation on duration of authority.’’. (c) INCLUSION OF TERRITORIES.—Section 255 of 3 title 10, United States Code, is amended by striking 4 ‘‘Guam’’ and all that follows through the period and in- 5 serting ‘‘each State of the United States, the District of 6 Columbia, each commonwealth, territory, or possession of 7 the United States, and each federally recognized Indian 8 Tribe.’’. 9 Æ VerDate Sep 11 2014 04:03 Jun 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7129.IH H7129 kjohnson on DSK79L0C42PROD with BILLS