S. 2198

119 S2198 IS: Military in Law Enforcement Accountability Act
 U.S. Senate
 2025-06-26
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 2198  IN THE SENATE OF THE UNITED STATES   June 26 (legislative day, June 24), 2025   Ms. Duckworth  (for herself,  Ms. Hirono , and  Mr. Durbin ) introduced the following bill; which was read twice and referred to the  Committee on Armed Services    A BILL
To amend title 10, United States Code, to limit the authority of the Department of Defense and other Federal law enforcement personnel to support civilian law enforcement activities, and for other purposes.
1.
Short title
This Act may be cited as the   Military in Law Enforcement Accountability Act  .
2.
Limitation on provision of support by Armed Forces to civilian law enforcement activities
(a)
In general
 Chapter 15  of title 10, United States Code, is amended by inserting after  section 274  the following new section:
274a.
Limitation on provision of support
(a)
In general
The Secretary of Defense may provide support under section 272, 273, or 274 of this title only in the following circumstances:
(1)
In the case of a humanitarian crisis within the United States that could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that crisis could or is overwhelming the capabilities of such authorities.
(2)
In the case of a natural disaster within the United States that could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that disaster could or is overwhelming the capabilities of such authorities.
(3)
In the case of a public health emergency within the United States that could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that emergency could or is overwhelming the capabilities of such authorities.
(4)
In the case of an attack on critical infrastructure within the United States the domestic emergency response to which could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that response could or is overwhelming the capabilities of such authorities.
(5)
In the case of a nuclear attack or other direct military attack within the United States the domestic emergency response to which could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that response could or is overwhelming the capabilities of such authorities.
(6)
In the case of a domestic terrorist incident within the United States the domestic emergency response to which could or is overwhelming the capabilities of civilian law enforcement authorities, if the President first submits to Congress a written justification for the support that includes a description of how that response could or is overwhelming the capabilities of such authorities.
(b)
Limitation on timing
(1)
In general
The Secretary of Defense may not provide support under section 272, 273, or 274 of this title for a period that exceeds 14 days unless a joint resolution of approval is enacted that approves the provision of such support for a longer period.
(2)
Joint resolution of approval
In this subsection, the term  joint resolution of approval  means only a joint resolution of either House of Congress—
(A)
the title of which is as follows:  A joint resolution approving the provision by the Department of Defense of support to civilian law enforcement for a period of more than 14 days. ; and
(B)
the sole matter after the resolving clause of which is the following:  Congress approves of the provision of support under section 272, 273, or 274 of title 10, United States Code, with respect to ______ for a period not to exceed _____. , with the first blank space being filled with a short description of the proposed action and the second blank space being filled with the appropriate period following the date of adoption of the resolution.
(3)
Introduction
A joint resolution of approval may be introduced—
(A)
in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee); and
(B)
in the House of Representatives, by the majority leader or the minority leader.
(4)
Consideration in the Senate
(A)
Committee referral
A joint resolution of approval introduced in the Senate shall be referred to the Committee on Armed Services.
(B)
Reporting and discharge
If the Committee on Armed Services has not reported a joint resolution of approval within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.
(C)
Proceeding to consideration
Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Armed Services reports a joint resolution of approval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
(D)
Rulings of the chair on procedure
Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval shall be decided without debate.
(E)
Consideration of veto messages
Debate in the Senate of any veto message with respect to a joint resolution of approval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(5)
Floor consideration in House of Representatives
If a committee of the House of Representatives to which a joint resolution of approval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
(6)
Rules relating to Senate and House of Representatives
(A)
Treatment of House joint resolution in Senate
(i)
Receipt before passage of Senate resolution
If, before the passage by the Senate of a joint resolution of approval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
(I)
That joint resolution shall not be referred to a committee.
(II)
With respect to that joint resolution—
(aa)
the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but
(bb)
the vote on passage shall be on the joint resolution from the House of Representatives.
(ii)
Receipt following passage of Senate resolution
If, following passage of a joint resolution of approval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
(iii)
No companion resolution
If a joint resolution of approval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution.
(B)
Treatment of Senate joint resolution in House
In the House of Representatives, the following procedures shall apply to a joint resolution of approval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):
(i)
The joint resolution shall be referred to the Committee on Armed Services.
(ii)
If the Committee on Armed Services has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
(iii)
Beginning on the third legislative day after the Committee on Armed Services reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(iv)
The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
(C)
Application to revenue measures
The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval that is a revenue measure.
(7)
Rules of Senate and House of Representatives
This subsection is enacted by Congress—
(A)
as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
(B)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
 .
(b)
Clerical amendment
The table of sections at the beginning of chapter 15 of such title is amended by inserting after the item relating to section 274 the following new item:
274a. Limitation on provision of support.
  .
(c)
Conforming amendments
(1)
Use of military equipment
Section 272 of title 10, United States Code, is amended by inserting  section 274a of this title and  after  in accordance with .
(2)
Training and advising civilian law enforcement officials
Section 273 of title 10, United States Code, is amended by inserting  section 274a of this title and  after  in accordance with .
(3)
Maintenance and operation of equipment
Section 274 of title 10, United States Code, is amended by inserting  section 274a of this title and  after  in accordance with  each place it appears.
3.
Prohibition on simultaneous service in the Department of Defense and civilian law enforcement
(a)
In general
 Chapter 49  of title 10, United States Code, is amended by adding at the end the following new section:
990.
Prohibition on simultaneous service in the Department of Defense and civilian law enforcement
(a)
Prohibition
Except as provided in subsection (b), an individual serving in any capacity in the Department of Defense, whether in the Armed Forces or in a civilian position, may not, while so serving, serve in any capacity in any element of civilian law enforcement outside of the Department of Defense.
(b)
Exceptions
(1)
In general
The prohibition under subsection (a) shall not to apply to a member of a reserve component named in section 10101 of this title who serves in an element of civilian law enforcement outside of the Department of Defense in their civilian capacity.
(2)
Active duty
A member described in paragraph (1) who is called or ordered to active duty shall formally and officially recuse himself or herself from civilian law enforcement duties.
 .
(b)
Clerical amendment
The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item:
990. Prohibition on simultaneous service in the Department of Defense and civilian law enforcement.
  .
4.
Expansion of requirements for Armed Forces and Federal law enforcement personnel when assisting civil authorities
(a)
In general
Section 723(a) of title 10, United States Code, is amended by striking  to respond to a civil disturbance .
(b)
Conforming and clerical amendments
(1)
Conforming amendment
The heading for section 723 of title 10, United States Code, is amended by striking
in response to civil disturbances  .
(2)
Clerical amendment
The table of sections at the beginning of  chapter 41  of title 10, United States Code, is amended by striking the item relating to section 723 and inserting the following new item:
723. Support of Federal authorities: requirement for use of members of the Armed Forces and Federal law enforcement personnel.
  .
5.
Private right of action
(a)
In general
Any person, State, or local government aggrieved of a violation of this Act or an amendment made by this Act by the Federal Government, or an officer or employee thereof, may bring a civil action in an appropriate district court of the United States.
(b)
Relief
In a civil action brought under subsection (a), the court may award injunctive or other equitable relief and damages.