Posse Comitatus Act - Exclusions and Limitations

Exclusions and Limitations

There are a number of situations in which the Act does not apply. These include:

• National Guard units and state defense forces while under the authority of the governor of a state;
• Troops used under the order of the President of the United States pursuant to the Insurrection Act, as was the case during the 1992 Los Angeles Riots.
• Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threats involving the release of nuclear materials, such as potential use of a nuclear or radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness. The only exemption is nuclear materials.
• Support roles under the Joint Special Operations Command