S.Amdt. 3448

This amendment aims to change how the United States government uses the armed forces to handle domestic issues. It seeks to replace current laws (sections 251 through 255 of title 10, United States Code) with new, more restrictive rules regarding the suppression of insurrections, rebellions, and domestic violence.

The main purpose of this amendment is to ensure that using the military at home is a last resort. It adds several layers of accountability and oversight to prevent the misuse of power:

• Strict Triggers: The President can only use the armed forces if specific conditions are met, such as when state or local authorities are overwhelmed, the state chief executive requests help, or there is an obstruction of Federal law that threatens public safety or deprives people of constitutional rights (including voting rights).

• Presidential Requirements: Before taking action, the President must consult with Congress (when possible), issue a public proclamation ordering lawbreakers to disperse, and submit a detailed report explaining why the military is necessary and confirming that other options were exhausted.

• Congressional Approval: Use of the military is temporary. Authority expires after 7 days unless Congress passes a joint resolution of approval. Even with approval, authority only lasts for another 14 days unless renewed.

• Legal Guardrails: The amendment prohibits the suspension of the writ of habeas corpus and requires the military to follow "Standing Rules for the Use of Force." It also allows individuals or entities to seek judicial review in court if they are injured by these military actions.

• National Guard Limits: It specifically prohibits using National Guard members who are performing training or other duties under section 502(a) or (f) of title 32 to suppress domestic insurrections, rebellions, or violence.