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18 U.S.C. § 1385 — Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus
Federal law — U.S. Code and appendices · legal_authorities
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
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Source file: Laws/federal/codes/united-states-code/title-18/section-1385-use-of-army-navy-marine-corps-air-force-and-space-force-as-posse-comitat--d73ec21592.md
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Source location: Title 18, Chapter 67, § 1385; chapter-067-military-and-navy.md
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Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protection for Department Leadership.—** The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security to the following persons who, by nature of their positions, require continuous security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman.
(7) Commanders of combatant commands.
**(b) Protection for Former or Retired Department Leadership.—** The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security to a former or retired official who—
(1) previously served in a position identified in paragraphs (1) through (7) 11 So in original. Probably should be followed by “of subsection (a)”.; and
(2) faces serious and credible threats arising from duties performed while employed by the Department of Defense.
**(c) Protection for Additional Personnel.—**
(1) **Authority to provide.—** — The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qual
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 714
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, if one of the circumstances described in subsection (c) of this section occurs—
(1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes of, or disperses any nuclear material or nuclear byproduct material and—
(A) thereby knowingly causes the death of or serious bodily injury to any person or substantial damage to property or to the environment; or
(B) circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment;
(2) with intent to deprive another of nuclear material or nuclear byproduct material, knowingly—
(A) takes and carries away nuclear material or nuclear byproduct material of another without authority;
(B) makes an unauthorized use, disposition, or transfer, of nuclear material or nuclear byproduct material belonging to another; or
(C) uses fraud and thereby obtains nuclear material or nuclear byproduct material belonging to another;
(3) without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country;
(4) knowingly—
(A) uses force; or
(B) threatens or places another in fear that any person other than the actor will imminently be subject to bodily injury;
and thereby takes nuclear material or nuclear byproduct material belonging to another from the person or presence of any other;
(5) intentionally intimidates any person and thereby obtains nuclear material or nuclear byproduct material belonging to another;
(6) with intent to compel any person, international organization, or governmental entity to do or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 831
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inspector General.—** A member of the Armed Forces, active or reserve, shall not be appointed Inspector General of the Department of Defense.
**(b) Authority of Secretary of Defense.—**
(1) **In general.—** — Notwithstanding the last two sentences of [section 403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/a&num=0&edition=prelim), the Inspector General shall be under the authority, direction, and control of the Secretary of Defense with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning—
(A) sensitive operational plans;
(B) intelligence matters;
(C) counterintelligence matters;
(D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or
(E) other matters the disclosure of which would constitute a serious threat to national security.
(2) **Authority to prohibit audit or investigation.—** — With respect to the information described in paragraph (1), the Secretary of Defense may prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Secretary determines that such prohibition is necessary to preserve the national security interests of the United States.
(3) **Statement concerning exercise of power.—** — If the Secretary of Defense exercises any power under paragraph (1) or (2), the Inspector General shall submit a statement concerning that exercise of power within 30 days to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 408
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds the following:
(1) [Section 1385 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1385&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) 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 re
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 472
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Federal law — U.S. Code and appendices · legal_authorities
Page 374
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 1385
(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949,
ch. 139, § 35, 63 Stat. 94; Pub. L. 103–322, title
XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat.
2147.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., § 518a (July 11, 1941,
ch. 287, 55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168;
May 15, 1946, ch. 258, 60 Stat. 182).
The word ‘‘whoever’’ was substituted for the words
‘‘person, corporation, partnership, or association’’ in
conformity with section 1 of title 1, U.S.C., 1940 ed.,
General Provisions, as amended and without change of
substance.
The provisions with reference to punishment of per-
sons subject to military or naval law as provided in the
Articles of War and the Articles for the Government of
the Navy were omitted, as was the exception of such
persons from the punishment provisions of this section.
The Articles of War and Articles for the Government of
the Navy are sufficiently complete in themselves to au-
thorize the adequate punishment of military or naval
personnel for violations of general criminal statutes as
well as for disobedience of orders. See Articles of War,
Article 96, section 1568 of title 10, U.S.C., 1940 ed.,
Army, and Articles for the Government of the Navy,
Articles 1, 4, 22, 23, section 1200, of title 34, U.S.C., 1940
ed., Navy.
The revised section, in this respect, places violations
on the same basis as other misdemeanors in violation
of the general statutes of the United States and author-
izes punishment of persons subject to military or naval
law under such law, or in case the military or naval au-
thorities turn the violator over to the civil authorities,
the trial and punishment may be under the general law.
The p
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1385
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