S. 2198: Military in Law Enforcement Accountability Act

This bill, titled the Military in Law Enforcement Accountability Act, aims to amend federal laws regarding the involvement of the military and Department of Defense personnel in civilian law enforcement roles. Here is a summary of its key provisions:

Limitations on Military Support

The bill establishes strict conditions under which the Secretary of Defense can provide support to civilian law enforcement agencies. The military can only intervene in specific situations, namely:

• A humanitarian crisis overwhelming civilian law enforcement capabilities.
• A natural disaster that exceeds local law enforcement's resources.
• A public health emergency that overwhelms civil authorities.
• An attack on critical infrastructure that requires military assistance.
• A nuclear attack or direct military attack affecting domestic law enforcement.
• A domestic terrorist incident that exceeds the capabilities of civilian authorities.

In each case, the President must provide a written justification to Congress explaining how civilian efforts are insufficient, and military support cannot exceed 14 days unless Congress passes a joint resolution approving an extension.

Prohibition of Simultaneous Service

The bill also prohibits individuals serving in the Department of Defense, whether military or civilian, from concurrently serving in any civilian law enforcement position. There are exceptions for members of reserve components, provided they operate in their civilian capacity and formally recuse themselves from law enforcement duties if called to active duty.

Enhanced Requirements for Military Assistance

In addition to limiting military involvement, the bill expands requirements for when Armed Forces and federal law enforcement personnel can assist civil authorities. It denotes that military aid should no longer be framed solely as a response to civil disturbances, reflecting a more restricted and defined role in their engagement with civilian law enforcement.

Private Right of Action

The bill provides a mechanism for individuals, states, or local governments that feel wronged by violations of this law or amendments made by it to bring civil actions in federal district courts. The courts may award injunctive relief, other equitable remedies, and damages if violations are found.

Clerical and Conforming Amendments

Additionally, the bill includes clerical and conforming amendments to ensure its integration with existing laws, specifically updating relevant sections in the United States Code to align with the new provisions introduced by this act.

Relevant Companies

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