[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2198 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2198

 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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military in Law Enforcement 
Accountability Act''.

SEC. 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:
``Sec. 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.

SEC. 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:
``Sec. 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.''.

SEC. 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.''.

SEC. 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.
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