,,ii #aaith ,,congress #ast ,session ,s4 #baih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bf 7legislative day1 ,june #bd71 #bjbe,ms4 ,duckworth 7for herself1 ,ms4 ,hirono1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to limit the authority of the ,department of ,defense and other ,federal law enforcement personnel to support civilian law enforcement activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military in ,law ,enforcement ,accountability ,act4 #b4 ,limitation on provision of support by ,armed ,forces to civilian law enforcement activities 7a7 ,in general ,chapter #ae of title #aj1 ,united ,states ,code1 is amended by inserting after section #bgd the following new section3 #bgd;a4 ,limitation on provision of support 7a7 ,in general ,the ,secretary of ,defense may provide support under section #bgb1 #bgc1 or #bgd of this title only in the following circumstances3 7#a7 ,in the case of a humanitarian crisis within the ,united ,states that could or is overwhelming the capabilities of civilian law enforcement authorities1 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 authorities4 7#b7 ,in the case of a natural disaster within the ,united ,states that could or is overwhelming the capabilities of civilian law enforcement authorities1 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 authorities4 7#c7 ,in the case of a public health emergency within the ,united ,states that could or is overwhelming the capabilities of civilian law enforcement authorities1 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 authorities4 7#d7 ,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 authorities1 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 authorities4 7#e7 ,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 authorities1 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 authorities4 7#f7 ,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 authorities1 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 authorities4 7b7 ,limitation on timing 7#a7 ,in general ,the ,secretary of ,defense may not provide support under section #bgb1 #bgc1 or #bgd of this title for a period that exceeds #ad days unless a joint resolution of approval is enacted that approves the provision of such support for a longer period4 7#b7 ,joint resolution of approval ,in this subsection1 the term joint resolution of approval means only a joint resolution of either ,house of ,congress-- 7,a7 the title of which is as follows3 ,a joint resolution approving the provision by the ,department of ,defense of support to civilian law enforcement for a period of more than #ad days42 and 7,b7 the sole matter after the resolving clause of which is the following3 ,congress approves of the provision of support under section #bgb1 #bgc1 or #bgd of title #aj1 ,united ,states ,code1 with respect to for a period not to exceed 41 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 resolution4 7#c7 ,introduction ,a joint resolution of approval may be introduced-- 7,a7 in the ,senate1 by the majority leader 7or the majority leader's designee7 or the minority leader 7or the minority leader's designee72 and 7,b7 in the ,house of ,representatives1 by the majority leader or the minority leader4 7#d7 ,consideration in the ,senate 7,a7 ,committee referral ,a joint resolution of approval introduced in the ,senate shall be referred to the ,committee on ,armed ,services4 7,b7 ,reporting and discharge ,if the ,committee on ,armed ,services has not reported a joint resolution of approval within #aj calendar days after the date of referral of the joint resolution1 that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar4 7,c7 ,proceeding to consideration ,notwithstanding ,rule ,,xxii of the ,standing ,rules of the ,senate1 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 7even though a previous motion to the same effect has been disagreed to7 to move to proceed to the consideration of the joint resolution1 and all points of order against the joint resolution 7and against consideration of the joint resolution7 are waived4 ,the motion to proceed is not debatable4 ,the motion is not subject to a motion to postpone4 ,a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order4 7,d7 ,rulings of the chair on procedure ,appeals from the decisions of the ,chair relating to the application of the rules of the ,senate1 as the case may be1 to the procedure relating to a joint resolution of approval shall be decided without debate4 7,e7 ,consideration of veto messages ,debate in the ,senate of any veto message with respect to a joint resolution of approval1 including all debatable motions and appeals in connection with the joint resolution1 shall be limited to #aj hours1 to be equally divided between1 and controlled by1 the majority leader and the minority leader or their designees4 7#e7 ,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 #aj calendar days after the date of referral1 that committee shall be discharged from further consideration of the joint resolution4 7#f7 ,rules relating to ,senate and ,house of ,representatives 7,a7 ,treatment of ,house joint resolution in ,senate 7i7 ,receipt before passage of ,senate resolution ,if1 before the passage by the ,senate of a joint resolution of approval1 the ,senate receives an identical joint resolution from the ,house of ,representatives1 the following procedures shall apply3 7,i7 ,that joint resolution shall not be referred to a committee4 7,,ii7 ,with respect to that joint resolution-- 7aa7 the procedure in the ,senate shall be the same as if no joint resolution had been received from the ,house of ,representatives2 but 7bb7 the vote on passage shall be on the joint resolution from the ,house of ,representatives4 7ii7 ,receipt following passage of ,senate resolution ,if1 following passage of a joint resolution of approval in the ,senate1 the ,senate receives an identical joint resolution from the ,house of ,representatives1 that joint resolution shall be placed on the appropriate ,senate calendar4 7iii7 ,no companion resolution ,if a joint resolution of approval is received from the ,house1 and no companion joint resolution has been introduced in the ,senate1 the ,senate procedures under this subsection shall apply to the ,house joint resolution4 7,b7 ,treatment of ,senate joint resolution in ,house ,in the ,house of ,representatives1 the following procedures shall apply to a joint resolution of approval received from the ,senate 7unless the ,house has already passed a joint resolution relating to the same proposed action73 7i7 ,the joint resolution shall be referred to the ,committee on ,armed ,services4 7ii7 ,if the ,committee on ,armed ,services has not reported the joint resolution within #b calendar days after the date of referral1 that committee shall be discharged from further consideration of the joint resolution4 7iii7 ,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 thereof1 it shall be in order to move to proceed to consider the joint resolution in the ,house4 ,all points of order against the motion are waived4 ,such a motion shall not be in order after the ,house has disposed of a motion to proceed on the joint resolution4 ,the previous question shall be considered as ordered on the motion to its adoption without intervening motion4 ,the motion shall not be debatable4 ,a motion to reconsider the vote by which the motion is disposed of shall not be in order4 7iv7 ,the joint resolution shall be considered as read4 ,all points of order against the joint resolution and against its consideration are waived4 ,the previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except #b hours of debate equally divided and controlled by the sponsor of the joint resolution 7or a designee7 and an opponent4 ,a motion to reconsider the vote on passage of the joint resolution shall not be in order4 7,c7 ,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 measure4 7#g7 ,rules of ,senate and ,house of ,representatives ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ae of such title is amended by inserting after the item relating to section #bgd the following new item3 #bgd;a4 ,limitation on provision of support4 4 7c7 ,conforming amendments 7#a7 ,use of military equipment ,section #bgb of title #aj1 ,united ,states ,code1 is amended by inserting section #bgd;a of this title and after in accordance with4 7#b7 ,training and advising civilian law enforcement officials ,section #bgc of title #aj1 ,united ,states ,code1 is amended by inserting section #bgd;a of this title and after in accordance with4 7#c7 ,maintenance and operation of equipment ,section #bgd of title #aj1 ,united ,states ,code1 is amended by inserting section #bgd;a of this title and after in accordance with each place it appears4 #c4 ,prohibition on simultaneous service in the ,department of ,defense and civilian law enforcement 7a7 ,in general ,chapter #di of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #iij4 ,prohibition on simultaneous service in the ,department of ,defense and civilian law enforcement 7a7 ,prohibition ,except as provided in subsection 7b71 an individual serving in any capacity in the ,department of ,defense1 whether in the ,armed ,forces or in a civilian position1 may not1 while so serving1 serve in any capacity in any element of civilian law enforcement outside of the ,department of ,defense4 7b7 ,exceptions 7#a7 ,in general ,the prohibition under subsection 7a7 shall not to apply to a member of a reserve component named in section #ajaja of this title who serves in an element of civilian law enforcement outside of the ,department of ,defense in their civilian capacity4 7#b7 ,active duty ,a member described in paragraph 7#a7 who is called or ordered to active duty shall formally and officially recuse himself or herself from civilian law enforcement duties4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #di of such title is amended by adding at the end the following new item3 #iij4 ,prohibition on simultaneous service in the ,department of ,defense and civilian law enforcement4 4 #d4 ,expansion of requirements for ,armed ,forces and ,federal law enforcement personnel when assisting civil authorities 7a7 ,in general ,section #gbc7;a7 of title #aj1 ,united ,states ,code1 is amended by striking to respond to a civil disturbance4 7b7 ,conforming and clerical amendments 7#a7 ,conforming amendment ,the heading for section #gbc of title #aj1 ,united ,states ,code1 is amended by striking in response to civil disturbances4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #da of title #aj1 ,united ,states ,code1 is amended by striking the item relating to section #gbc and inserting the following new item3 #gbc4 ,support of ,federal authorities3 requirement for use of members of the ,armed ,forces and ,federal law enforcement personnel4 4 #e4 ,private right of action 7a7 ,in general ,any person1 ,state1 or local government aggrieved of a violation of this ,act or an amendment made by this ,act by the ,federal ,government1 or an officer or employee thereof1 may bring a civil action in an appropriate district court of the ,united ,states4 7b7 ,relief ,in a civil action brought under subsection 7a71 the court may award injunctive or other equitable relief and damages4