Posse Comitatus Act
The Posse Comitatus Act prohibits the direct involvement of active duty forces in assisting civilian law enforcement officials in enforcing civilian laws, except when authorized by the US Constitution or another federal statute.
The statute also prohibits active duty personnel from:
Pursuing and arresting civilians even though they have committed crimes
Any active or direct assistance to civilian law enforcement officials to enforce civilian law (such as interdiction of a vehicle, vessel, aircraft, or other similar activity; a search or seizure; an arrest, apprehension, stop and frisk, or similar activity; and use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators)
Three different tests have been applied by the courts to determine whether the use of military personnel has violated the Posse Comitatus Act:
Whether the action of military personnel was “active” or “passive"
Whether armed forces personnel’s involvement in the activities of civilian law enforcement officials was “pervasive"
Whether military personnel subjected citizens to the exercise of military power which was regulatory, proscriptive, or compulsory
The Act applies to the active component (Title 10) Air Force, Army, and Reserves and to the National Guard while in Title 10 status. The statute does not apply to the Coast Guard or to the National Guard while in Title 32 or State Active Duty status.
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The Foreign Claims Act allows for reimbursement for property losses, injury or death caused by US servicemembers or civilian employees. The purpose is to promote and maintain friendly relations with the host nation.
Solatia payments are monies or in-kind payments to a victim or a victim's family as an expression of sympathy or condolence. The payments are immediate and, generally, nominal.
The purpose of a Flying Evaluation Board, or FEB, is to examine a rated officer's professional qualification for aviation service, evaluate potential for future rated duties, and make recommendations to higher authorities.
Rules of engagement exist to provide guidance to US forces regarding the use of force during military operations and routine functions.
The Law of Armed Conflict (LOAC) is the law of war. It refers to US and international laws that bind US forces in the conduct of armed hostilities. LOAC exists to protect combatants and noncombatants from unnecessary suffering.
The Posse Comitatus Act prohibits the direct involvement of active duty forces in assisting civilian law enforcement officials in enforcing civilian laws, except when authorized by the U.S. Constitution or another federal statute.
The U.S. armed forces has personnel, supplies and equipment that may be used in the event of an emergency, such as a flood, hurricane, or riot.
