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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6533 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6533
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 HOUSE OF REPRESENTATIVES
December 9, 2025
Mr. Liccardo (for himself, Ms. Houlahan, Mr. Jackson of Illinois, Mr.
Fields, Mr. Doggett, Ms. Norton, Ms. Titus, Ms. Ansari, Ms. Rivas, Ms.
Tokuda, Mr. Krishnamoorthi, Mr. Goldman of New York, Ms. Kelly of
Illinois, Mr. Lieu, Mr. Johnson of Georgia, Ms. Garcia of Texas, Ms.
Lofgren, Ms. Randall, Mr. McGarvey, Ms. Hoyle of Oregon, Mr. Bell, Mr.
Casten, Ms. Strickland, Mr. Garamendi, Mr. Tran, Ms. Kamlager-Dove,
Mrs. Trahan, Mrs. Fletcher, Mrs. McClain Delaney, Mr. Huffman, Ms.
Jayapal, and Ms. Morrison) introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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 if the President
first submits to Congress a notification and written justification for
the support that includes--
``(1) the agency to which the support is provided;
``(2) the budget, implementation timeline with milestones,
anticipated delivery schedule, and completion date for the
purpose or project for which the support is provided;
``(3) the source and planned expenditure of funds provided
for such purpose or project;
``(4) a description of the arrangements, if any, for the
sustainment of such purpose or project and the source of funds
to support sustainment of the capabilities and performance
outcomes achieved using the support, if applicable;
``(5) a description of the objectives for such purpose or
project and an evaluation framework to be used to develop
capability and performance metrics associated with operational
outcomes for the recipient of the support; and
``(6) information, including the amount, type, and purpose,
about the support provided to the agency during the three
fiscal years preceding the fiscal year for which the support
covered by the notification and justification is provided.
``(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 30 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 30 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) Approval of resolution.--Approval by the
Senate of a joint resolution of approval shall require
the affirmative vote of three-fifths of Members of the
Senate, duly chosen and sworn.
``(E) 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.
``(F) 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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