[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 274 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. CON. RES. 274

  Reaffirming the continued importance and applicability of the Posse 
                             Comitatus Act.


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                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2005

 Ms. McKinney submitted the following concurrent resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Reaffirming the continued importance and applicability of the Posse 
                             Comitatus Act.

Whereas 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;
Whereas 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;
Whereas the Posse Comitatus Act has served the Nation well in limiting the use 
        of the Armed Forces to enforce the law;
Whereas 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; and
Whereas existing laws, including chapter 15 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: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That 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.
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