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POSSE COMITATUS ACT
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES
Farris, Hon. Anthony J. P., judge, Civil Courts Building, Houston, Tex., letter
Flower, Ruth, legislative secretary, Friends Committee on National Legisla-
Hughes, Hon. William J., chairman, Subcommittee on Crime, letter dated
Juliana, James N., Principal Deputy Assistant Secretary of Defense, letter
Rodino, Hon. Peter W., Jr., chairman, House Committee on the Judiciary,
Adm. John S. Hayes, dated May 21, 1981.
Hon. Peter W. Rodino, Jr., July 6, 1981..
Hon. Peter W. Rodino, Jr., June 8, 1981.
Sherman, Edward F., professor of law, University of Texas Law School, letter
Taft, William H., IV, General Counsel, Department of Defense, letters to:
Walker, John M., Jr., Assistant Secretary-Designate,
Department of the
Zeese, Kevin, legal director, National Organization for the Reform of Marijuana Laws, letter dated May 27, 1981, to Hon. Peter W. Rodino, Jr.
POSSE COMITATUS ACT
WEDNESDAY, JUNE 3, 1981
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON CRIME,
The subcommittee met, at 1:05 p.m., in room 2141, Rayburn House Office Building, Hon. Willliam J. Hughes (chairman of the subcommittee) presiding.
Present: Representatives Hughes, Fish, and Sawyer.
Staff present: Hayden Gregory, counsel; David Beier, assistant counsel; Deborah Owen, associate counsel; and Phyllis Henderson and Demitra Delaney, secretaries.
Mr. HUGHES. The meeting of the Subcommittee on Crime of the House Judiciary Committee will come to order.
This afternoon the Subcommittee on Crime will conduct a hearing on section 908 of H.R. 3519, the Defense Department authorization bill. The provisions of section 908 were offered by my distinguished colleague from Florida, Charles Bennett. The Bennett amendment was designed to enhance the capacity of Federal law enforcement authorities to combat the growing drug problem in the United States.
Section 908 of the DOD authorization bill contains five separate proposed amendments to title 10. The net effect of the Bennett amendment is to amend the Posse Comitatus Act. The Posse Comitatus Act, which is codified in section 1385 of title 18, provides that the Army and Air Force may not be used as a posse to enforce or execute the civilian laws. The proposed sections of title 10 would have the following effect:
One, the military would be authorized to share intelligence information with State, local, or Federal law enforcement authorities. Two, the military would be authorized to make available equipment or facilities to State, local, or Federal law enforcement officials.
Three, the military would be authorized to provide training assistance to State, local, or Federal law enforcement authorities. Four, the Secretary of Defense would be authorized to promulgate regulations to provide for reimbursement for the aforementioned assistance.
And finally, the military would be authorized to use its personnel to assist in the seizure of violators of the drug laws under certain circumstances.
The purpose of the hearing this morning is to assess the proposed amendments. I share the deep concern of my congressional col