S. 2198 — Military in Law Enforcement Accountability Act

This section limits Department of Defense (DoD) provision of support to civilian law enforcement under 10 U.S.C. §§ 272-274 (which authorize loans of equipment, facilities, and related assistance) to six specified circumstances within the United States where civilian law enforcement capabilities could or are overwhelmed—(1) a humanitarian crisis, (2) a natural disaster, (3) a public health emergency, (4) an attack on critical infrastructure, (5) a nuclear or other direct military attack, or (6) a domestic terrorist incident—each requiring the President to submit a written justification to Congress describing the overwhelming impact on civilian authorities. (As background, § 272 authorizes the Secretary of Defense to make available DoD equipment, base facilities, or research facilities to federal, state, or local law enforcement for law enforcement purposes.) The section further limits such support to an initial period of no more than 14 days unless extended by a joint resolution of approval, which must use a specified title and resolving clause identifying the action and duration, and which is subject to expedited introduction and consideration procedures (i.e., discharge after 10 calendar days, waiving points of order in the Senate, and limits on debate). (Thus, Congress must affirmatively approve any DoD support beyond 14 days.)

This section establishes a prohibition on simultaneous service in the Department of Defense (DoD), whether in the Armed Forces or a civilian position, and any civilian law enforcement outside DoD. Exceptions apply to members of reserve components listed in 10 U.S.C. §10101 (e.g., Army National Guard) serving in such law enforcement in their civilian capacity, provided they recuse from those duties upon being called or ordered to active duty.

This section expands the identification display requirement—visibly showing an individual's name or unique identifier and employing organization—for members of the armed forces (including the National Guard) and federal law enforcement personnel providing support to federal authorities by removing the prior limitation to responses to civil disturbances (i.e., applies to all such support). It also revises the section heading of 10 U.S.C. 723 and the table of sections at the beginning of chapter 41 to reflect the broader scope.

This section establishes a private right of action allowing any aggrieved person, state, or local government to bring a civil action in U.S. district court against the federal government, or its officers or employees, for violations of this Act. The court may award injunctive or other equitable relief and damages.