Stop Using Military Force Against Civilians Act

Bill: 116-hr-7129
Sponsor: full_name: Rep. Cicilline, David N. [D-RI-1]
Introduced: 2020-06-08
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Congressional-executive branch relations

First Amendment rights

Military civil functions

Military personnel and dependents

Militias and paramilitary groups

Presidents and presidential powers, Vice Presidents

Protest and dissent

State and local government operations
Latest action: action_date: 2020-06-08
text: Referred to the House Committee on Armed Services.

Summaries:
action_date: 2020-06-08
action_desc: Introduced in House
text: <p><b>Stop Using Military Force Against Civilians Act </b></p> <p>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).</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7129 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. Velázquez , 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.

1. Short title This Act may be cited as the Stop Using Military Force Against Civilians Act . 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: 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. .