1. Short title
This Act may be cited as the “Stop Using Military Force Against Civilians Act”.
Stop Using Military Force Against Civilians Act
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.
2. Authority to use militia or armed forces to enforce Federal authority or provide Federal aid to State governments
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.
Limitation on duration of authority—
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.”
Conforming amendments—
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”.
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”.
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”.
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:
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.”.