[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Page S3256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1747. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of part II of subtitle D of title V, add the 
     following:

     SEC. ___. REBUTTABLE PRESUMPTION AGAINST LAWFULNESS OF ORDERS 
                   TO DEPLOY OR USE REGULAR MEMBERS OF THE ARMED 
                   FORCES TO SUPPRESS INDIVIDUALS PEACEABLY 
                   ASSEMBLED TO PETITION FOR A REDRESS OF 
                   GRIEVANCES.

       (a) In General.--There shall be a rebuttable presumption 
     that an order to deploy or use regular members of the Armed 
     Forces to suppress individuals peaceably assembled to 
     petition for a redress of grievances is not a lawful order 
     for purposes section 892 of title 10, United States Code 
     (article 92 of the Uniform Code of Military Justice), or any 
     other purposes in law.
       (b) Strict Scrutiny.--In evaluating arguments to rebut the 
     presumption in subsection (a) with respect to a particular 
     order described in that subsection, a court shall require the 
     arguments to rebut to advance compelling governmental 
     interests and be the least restrictive means of doing so.
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