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Title 6 — Domestic SecurityRelease 119-73

§466 Sense of Congress reaffirming the continued importance and applicability of the Posse Comitatus Act

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part H— - Miscellaneous Provisions › § 466

Last updated Apr 6, 2026|Official source

Summary

Congress says the Posse Comitatus Act stops the U.S. military from enforcing civilian laws unless the Constitution or Congress allows it. The law began in 1878 to prevent U.S. Marshals from calling the Army to make arrests. It has limited military involvement in law enforcement. But it is not an absolute ban. Other laws, like the Insurrection Act and the Stafford Disaster Relief Act, and presidential powers in war, insurrection, or serious emergencies, can allow troops to help restore order. Congress reaffirms that section 1385 is still important and that nothing here should be read to change how that law applies.

Full Legal Text

Title 6, §466

Domestic Security — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of Title 42 and Tables. This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables.

Amendments

2018—Subsec. (a)(5). Pub. L. 115–232 substituted “chapter 13” for “chapter 15”.

Reference

Citations & Metadata

Citation

6 U.S.C. § 466

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73