S. 5686 – No Public Executions in America Act

AI-Generated Summary

Updated October 17, 2026 at 3:20 AM UTC

The No Public Executions in America Act would ban any audio or visual recording, broadcasting, or public distribution of military executions. It also stops federal money from being used to create or share such recordings. The law applies to all Department of Defense personnel and anyone acting under its authority, affecting any execution carried out under the Uniform Code of Military Justice after the law takes effect.

Key Provisions

Prohibits officers, employees, agents, or anyone acting for the Department of Defense from photographing, filming, audio‑recording, broadcasting, streaming, or otherwise making a military execution available to the public.
The ban applies whether the recording is kept, stored, or made by someone authorized by the DoD; no public dissemination is allowed without a court order or a new act of Congress.
Provides a narrow exception: the Secretary of Defense may allow a recording to be made and kept only for official purposes such as investigations, congressional oversight, or historical archives, but it cannot be released publicly.
Bars any federal funds from being used to create, publish, or distribute recordings of military executions unless specifically authorized by later legislation or a court order.
The law takes effect immediately upon enactment and covers all executions performed on or after that date, regardless of when the death sentence was imposed.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services under authority of the order of the Senate of 09/30/2026.

Armed Services Committee

October 15, 2026

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SenateIntro Referral

Introduced in Senate

October 15, 2026

SenateIntro Referral

Read twice and referred to the Committee on Armed Services under authority of the order of the Senate of 09/30/2026.

Armed Services Committee

October 15, 2026

Bill Text

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Introduced in SenateIssued October 15, 2026

II

119th CONGRESS

2d Session

S. 5686

IN THE SENATE OF THE UNITED STATES

October 15, 2026

Mr. Kelly (for himself and Mr. Coons), under authority of the order of the Senate of September 30, 2026, introduced the following bill; which was ordered read twice and referred to the Committee on Armed Services

A BILL

To prohibit recording or broadcasting military executions and to prohibit the use of Federal funds for public executions.

1.

Short title

This Act may be cited as the No Public Executions in America Act.

2.

Prohibition on recording or broadcasting military executions

Subchapter IX of chapter 47 of title 10, United States Code, is amended by inserting after section 870 the following new section:

871. Art. 71.

Prohibition on recording or broadcasting executions

(a)

In general

No officer, employee, or agent of the United States, or any person acting under the authority or direction of the Department of Defense, may, with respect to the execution of any person sentenced to death under this chapter, knowingly—

(1)

photograph, film, videotape, make an audio recording of, or otherwise create an audio or visual recording or depiction of, the execution;

(2)

broadcast, transmit, stream, or otherwise make available to the public, in real time or on a delayed basis, an audio or visual recording or depiction of the execution; or

(3)

publish, post, upload, distribute, or cause to be distributed to the public an audio or visual recording or depiction of the execution, including through a Federal Government website, television broadcast, digital platform or interface, nongovernment website, or other electronic communications service.

(b)

Application

The prohibitions under paragraphs (2) and (3) subsection (a) shall apply without regard to whether an audio or visual recording or depiction of an execution—

(1)

is recorded, stored, or preserved; or

(2)

is made by a person acting with the authorization of the Department of Defense.

(c)

Limited exception for official use

(1)

In general

The Secretary of Defense may authorize the creation and retention of an audio or visual recording or depiction of the execution of a person sentenced to death under this chapter solely for official use, including for an investigation, judicial proceeding, oversight by Congress, or archival and historical purposes.

(2)

Prohibition on public dissemination

A recording or depiction created under paragraph (1) may not be publicly disseminated except pursuant to a court order or an Act of Congress.

.

3.

No Federal funds for public executions

No Federal funds may be obligated, expended, or otherwise used to photograph, film, record, broadcast, publish, or otherwise disseminate to the public any audio or visual recording or depiction of the execution of any person sentenced to death under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), or any other provision of Federal law, unless expressly authorized by an Act of Congress enacted after the date of the enactment of this Act or pursuant to a court order.

4.

Effective date; applicability

This Act and amendments made by section 2 of this Act shall—

(1)

take effect on the date of the enactment of this Act; and

(2)

apply to any execution carried out on or after that date, without regard to the date on which the sentence of death was imposed or approved by the President.