Title: Stop Using Military Force Against Civilians Act
Policy area: Armed Forces and National Security

Summary:
Stop Using Military Force Against Civilians Act
This bill limits the authority of the President, except in the case of a natural disaster, to call into service or use state militia or armed forces to provide aid to a state government following an insurrection or to enforce federal authority. After not more than 3 days, the President must withdraw any militia or armed forces unless an extension of not more than 14 days is enacted (not more than 2 additional authorizations for extension may be enacted).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7129 Introduced in House (IH)]

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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. Velazquez, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Using Military Force Against 
Civilians Act''.

SEC. 2. AUTHORITY TO USE MILITIA OR ARMED FORCES TO ENFORCE FEDERAL 
              AUTHORITY OR PROVIDE FEDERAL AID TO STATE GOVERNMENTS.

    (a) Sense of Congress.--It is the sense of Congress that the use of 
authorities under chapter 13 of title 10, United States Code, to 
abridge the exercise of rights guaranteed under the First Amendment to 
the Constitution of the United States, including to silence protected 
demonstrations and protests, is unlawful and not in the interest of the 
United States.
    (b) Limitation on Duration of Authority.--
            (1) Limitation.--Chapter 13 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 256. Limitation on duration of authority
    ``(a) Limitation on Duration.--Subject to subsection (b) and except 
in the case of a natural disaster, the authority to call into Federal 
service or use the militia of a State or the armed forces pursuant to 
section 251, 252, or 253 of this chapter with respect to one set of 
events shall expire after a period of not more than three days. Upon 
termination of such authority, the President shall withdraw any militia 
or armed forces called into Federal service or used pursuant to such 
sections.
    ``(b) Congressional Authorization for Extension.--Upon the 
termination of the period specified in subsection (a), the President 
may extend the authority referred to in such subsection for a period of 
not more than 14 days, if a law is enacted specifically authorizing 
such extension. Not more than two such authorizations for extension may 
be enacted into law with respect to any one set of events.''.
            (2) Conforming amendments.--
                    (A) Federal aid for state governments.--Section 251 
                of title 10, United States Code, is amended by striking 
                ``Whenever'' and inserting ``Subject to section 256 of 
                this title, whenever''.
                    (B) Use of militia and armed forces to enforce 
                federal authority.--Section 252 of title 10, United 
                States Code, is amended by striking ``Whenever'' and 
                inserting ``Subject to section 256 of this title, 
                whenever''.
                    (C) Interference with state and federal law.--
                Section 253 of title 10, United States Code, is amended 
                by striking ``The President'' and inserting ``Subject 
                to section 256 of this title, the President''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 13 of title 10, United States Code, is 
        amended by adding at the end the following new item:

``256. Limitation on duration of authority.''.
    (c) Inclusion of Territories.--Section 255 of title 10, United 
States Code, is amended by striking ``Guam'' and all that follows 
through the period and inserting ``each State of the United States, the 
District of Columbia, each commonwealth, territory, or possession of 
the United States, and each federally recognized Indian Tribe.''.
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