This Act establishes strict limitations and oversight for military support to civilian law enforcement, prohibits dual roles between the Department of Defense and civilian law enforcement, and grants a private right of action for violations.
Tammy Duckworth
Senator
IL
The Military in Law Enforcement Accountability Act aims to strictly limit the Department of Defense's support for civilian law enforcement to only overwhelming crises, requiring explicit Congressional approval for extensions beyond 14 days. It also prohibits active military or DoD civilian personnel from simultaneously holding positions in civilian law enforcement agencies, with exceptions for reservists in non-active duty status. Furthermore, the Act establishes a private right of action, allowing individuals and governments to sue federal entities for violations of these new accountability standards.
The “Military in Law Enforcement Accountability Act” is a major overhaul of how the Department of Defense (DoD) can assist civilian police in the U.S. Think of it as putting a very short leash and a strict set of rules on when the military can be called in domestically. This bill aims to draw a much clearer line between the military and local law enforcement.
Under this bill (Section 2), the military can only provide support—like using specialized equipment or personnel—to civilian law enforcement in six specific, severe scenarios: humanitarian crises, natural disasters, public health emergencies, attacks on critical infrastructure, direct military attacks (like a nuclear strike), or domestic terrorist incidents. Crucially, the situation must be explicitly overwhelming civilian capabilities. Before the DoD can even send help, the President must send Congress a written explanation detailing exactly why local agencies are overwhelmed. This is a big deal for transparency, forcing the Executive Branch to justify military involvement publicly.
Here’s the catch that affects everyone: any military support deployed under these rules is automatically capped at 14 days. If the crisis lasts longer—and let’s be honest, major disasters often do—the President has to get a special “joint resolution of approval” from both the House and the Senate. This approval process is fast-tracked, meaning Congress has to vote on it quickly, but it ensures that extended domestic military involvement requires explicit legislative buy-in. For the average person, this means that if you see the military assisting in a crisis for weeks on end, Congress had to actively approve that extension, making them directly accountable.
Section 3 addresses the growing concern about the blurring lines between military and police roles by banning simultaneous service. If you are an active service member or a civilian employee of the DoD, you generally can’t also hold a position in a civilian law enforcement agency outside the DoD. This prevents the potential conflicts and confusion that arise when personnel wear both hats. However, there’s a key exception for members of the military reserves: they can keep their civilian law enforcement job unless they are called up to active duty. If they are activated, they must formally step away from their civilian duties—a necessary step to ensure that when a reservist is acting as law enforcement, they aren't simultaneously operating under military command.
One of the most powerful provisions for accountability is Section 5, which creates a “private right of action.” This means if you, your state, or your local government believes the federal government has violated any of the rules set out in this new Act—say, the military overstays the 14-day limit without Congressional approval—you can take them to federal court. The court can order the government to stop the violation (injunctive relief) and even award damages if you were harmed. This provision essentially turns every citizen into a potential watchdog, giving the public a direct legal tool to enforce the separation between the military and domestic policing.
While the bill generally tightens restrictions, Section 4 makes a notable change to existing law regarding military assistance during civil disturbances. It removes prior language that limited when the military could be called in to help during unrest. This doesn't mean the military can now just show up, because the strict new rules in Section 2 still apply (requiring one of the six severe crises). However, removing that older, more restrictive language could be seen as setting the stage for broader interpretation of the new rules, particularly if a civil disturbance is classified as a “domestic terrorist incident” or an attack on “critical infrastructure.” This is a detail worth watching, as the criteria for invoking military aid during unrest are now entirely dependent on the definitions established in the new six-scenario list.