Obama’s End to Posse Comitatus Act 1878

Published on Apr 20, 2013

Link to Federal Document:


Office of the Secretary

[DOD-2009-OS-0038; RIN 0790-AI54]

32 CFR Part 182

Defense Support of Civilian Law Enforcement Agencies

AGENCY: Department of Defense.

ACTION: Final rule. This rule implements DoD regulations and legislation concerning restriction on direct participation by DoD personnel. It provides specific policy direction and assigns responsibilities with respect to DoD support provided to Federal, State, and local civilian law enforcement agencies, including responses to civil disturbances.

Support in Accordance With the Posse Comitatus Act The primary restriction on DoD participation in civilian law enforcement activities is the Posse Comitatus Act. It provides that whoever willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute U.S. laws, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, shall be fined under title 18, U.S.C., or imprisoned not more than two years, or both.

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