6 U.S.C. § 466: Sense of Congress reaffirming…

Summary

Says the military must not be used to enforce laws except when the Constitution or an act of Congress allows it. The rule dates to 1878 and was meant to stop U.S. Marshals from calling the Army on their own. It has limited using the Armed Forces for domestic law enforcement, but it is not an absolute ban: Congress or the President can authorize military help in war, insurrection, or other serious emergencies. Notes that laws like chapter 13 of title 10 (the Insurrection Act) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) give the President broad authority to use the Armed Forces to restore order, including after attacks with weapons of mass destruction. Congress reafirms that nothing here should be read to change how the Posse Comitatus rule applies.

Title 6, §466

Domestic Security, Source: USLM XML via OLRC

(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.

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”.

§466 Sense of Congress Reaffirming the Continued Importance and Applicability of the Posse Comitatus Act

Summary

Title 6, §466

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata