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6 U.S.C. § 466Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 308 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress restates its support for the Posse Comitatus Act, an 1878 law limiting military law enforcement. That law still allows military help when Congress or the President authorizes it, such as during an emergency. Congress says nothing in this chapter changes how that Act applies to using the Armed Forces.

(a) Findings: Congress states five findings. (1) Section 1385 of title 18, known as the Posse Comitatus Act, bars using the Armed Forces as a "posse comitatus" — a civilian-enforcement force — to enforce the law, except in cases the Constitution or an Act of Congress expressly allows. (2) Passed in 1878, the Act was meant to stop U.S. Marshals from calling on the Army for help enforcing federal law on their own initiative. (3) The Act has worked well to limit military involvement in law enforcement. (4) Even so, the Act does not completely bar the Armed Forces from domestic roles, including law enforcement, when Congress authorizes it by law, or when the President decides using the Armed Forces is needed to meet the President's constitutional duty to respond quickly to war, insurrection, or another serious emergency. (5) Other laws — including the Insurrection Act (chapter 13 of title 10) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act — give the President broad power to use in domestic emergencies, including an attack using weapons of mass destruction, and these laws specifically let the President use the Armed Forces to help restore public order. (b) Sense of Congress: This part is a "sense of Congress" — a statement of opinion, not a binding rule. Congress reaffirms that section 1385 of title 18 remains important, and states that nothing in this chapter should be read to change how that section applies to any use of the Armed Forces as a posse comitatus to enforce the law.
the actual law source: uscode.house.gov ↗public domain
(a) Findings

Congress finds the following:

(1)

Section 1385 of title 18 (commonly known as the “Posse Comitatus Act”) prohibits the use of the Armed Forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized by the Constitution or Act of Congress.

(2)

Enacted in 1878, the Posse Comitatus Act was expressly intended to prevent United States Marshals, on their own initiative, from calling on the Army for assistance in enforcing Federal law.

(3)

The Posse Comitatus Act has served the Nation well in limiting the use of the Armed Forces to enforce the law.

(4)

Nevertheless, by its express terms, the Posse Comitatus Act is not a complete barrier to the use of the Armed Forces for a range of domestic purposes, including law enforcement functions, when the use of the Armed Forces is authorized by Act of Congress or the President determines that the use of the Armed Forces is required to fulfill the President’s obligations under the Constitution to respond promptly in time of war, insurrection, or other serious emergency.

(5)

Existing laws, including chapter 13 of title 10 (commonly known as the “Insurrection Act”), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), grant the President broad powers that may be invoked in the event of domestic emergencies, including an attack against the Nation using weapons of mass destruction, and these laws specifically authorize the President to use the Armed Forces to help restore public order.

(b) Sense of Congress

Congress reaffirms the continued importance of section 1385 of title 18, and it is the sense of Congress that nothing in this chapter should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.

Source credit: (Pub. L. 107–296, title VIII, § 886, Nov. 25, 2002, 116 Stat. 2248; Pub. L. 115–232, div. A, title XII, § 1204(a)(1), Aug. 13, 2018, 132 Stat. 2017.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2248
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 2017

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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