Page images
PDF
EPUB

POSSE COMITATUS ACT

HEARING

BEFORE THE

SUBCOMMITTEE ON CRIME

OF THE

COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES

NINETY-SEVENTH CONGRESS

FIRST SESSION

ON

H.R. 3519

POSSE COMITATUS ACT

JUNE 3, 1981

Serial No. 61

Printed for the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1982

97-621 0

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas

ROBERT MCCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, Illinois DON EDWARDS, California

HAMILTON FISH, JR., New York JOHN CONYERS, JR., Michigan

M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, Ohio

CARLOS J. MOORHEAD, California GEORGE E. DANIELSON, California

JOHN M. ASHBROOK, Ohio ROMANO L. MAZZOLI, Kentucky

HENRY J. HYDE, Illinois WILLIAM J. HUGHES, New Jersey

THOMAS N. KINDNESS, Ohio SAM B. HALL, JR., Texas

HAROLD S. SAWYER, Michigan MIKE SYNAR, Oklahoma

DAN LUNGREN, California PATRICIA SCHROEDER, Colorado

F. JAMES SENSENBRENNER, JR., BILLY LEE EVANS, Georgia

Wisconsin
DAN GLICKMAN, Kansas

BILL McCOLLUM, Florida
HAROLD WASHINGTON, Illinois
BARNEY FRANK, Massachusetts

ALAN A. PARKER, General Counsel

GARNER J. CLINE, Staff Director
FRANKLIN G. POLK, Associate Counsel

SUBCOMMITTEE ON CRIME

WILLIAM J. HUGHES, New Jersey, Chairman ROBERT W. KASTENMEIER, Wisconsin HAROLD S. SAWYER, Michigan JOHN CONYERS, JR., Michigan

JOHN M. ASHBROOK, Ohio SAM B. HALL, JR., Texas

HAMILTON FISH, JR., New York
HAYDEN W. GREGORY, Counsel

DAVID BEIER, Assistant Counsel
DEBORAH K. OWEN, Associate Counsel

CONTENTS

WITNESSES

Bennett, Hon. Charles E., a Representative in Congress from the State of Page

Florida ......

3

Prepared statement

2

Corcoran, George, Assistant Commissioner, U.S. Customs Service, Department

of the Treasury

47

Prepared statement

50

Dennis, Edward S. G., Jr., Chief, Narcotics and Dangerous Drug Section,

Criminal Division, Department of Justice..........

9

Prepared statement

10

Pyle, Christopher H., Mount Holyoke College, South Hadley, Mass.

34

Prepared statement.

35

Taft,
William Howard, IV, General Counsel, Department of Defense

9

Prepared statement.

14

Thompson, Rear Adm. Donald C., Chief of Operations, U.S. Coast Guard

47

Prepared statement.

48

APPENDIX

Archey, William T., Acting Commissioner of Customs, letter dated June 2,

1981, to Hon. Peter W. Rodino, Jr .....

124

Brooks, Hon. Jack, a Representative in Congress from the State of Texas,

letter dated June 8, 1981, to Hon. Peter W. Rodino, Jr.....

Ervin, Sam J., Jr., former U.S. Senator, letter dated June 2, 1981, to Hon.

William J. Hughes ..

86

Farris, Hon. Anthony J. P., judge, Civil Courts Building, Houston, Tex., letter

dated September 25, 1981, to Hon. Peter W. Rodino, Jr...

68

Flower, Ruth, legislative secretary, Friends Committee on National Legisla-

tion, letter dated June 3, 1981, to Hon. Peter W. Rodino, Jr

85

Giuliana, Rudolph W., Associate General Counsel, Department of Justice,

letters to:

Hon. William J. Hughes, dated July 6, 1981..

81

Hon. Richard C. White, dated July 6, 1981...

82

Hon. Peter W. Rodino, Jr., dated June 8, 1,981.

Golden, Judd (Flagg, Hockett, Benhart, and Golden), letter dated July 1, 1981,

to Hon. Peter W. Rodino, Jr....

74

Hughes, Hon. William J., chairman, Subcommittee on Crime, letter dated

March 18, 1981, to Hon. Melvin Price......

123

Juliana, James N., Principal Deputy Assistant Secretary of Defense, letter

dated April 5, 1982, to Hon. William J. Hughes

59

McConnell, Robert A., Assistant Attorney General, Department of Justice,

letter dated August 10, 1981, to Hon. Strom Thurmond.

Marvin, C. Raymond, General Counsel, National Association of Attorneys

General, letters to:

Hon. John Tower, August 27, 1981

į 69

Hon. Marjorie S. Holt, August 3, 1981

71

Price, Hon. Melvin, chairman, Committee on Armed Services, letter dated
March 24, 1981, to Hon. William J. Hughes.....

123

Rodino, Hon. Peter W., Jr., chairman, House Committee on the Judiciary,

letters to:

Hon. Caspar W. Weinberger, dated May 21, 1981.

90

Hon. William French Smith, dated May 21, 1981

90

70

Page 123

92

72 80

Rodino, Hon. Peter W., Jr., chairman, House Committee on the Judiciary,
letters to-Continued

Adm. John S. Hayes, dated May 21, 1981.
Schacter, Leon J., Deputy Associate General Counsel, Office of the General

Counsel, letter dated March 19, 1981, to Subcommittee on Crime....
Shattuck, John, director, American Civil Liberties Union, letters to:

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

dated June 25, 1981, to Hon. Richard C. White
Taft, William H., IV, General Counsel, Department of Defense, letters to:

Hon. John Tower, dated April 24, 1981......
Hon. William J. Hughes, dated June 3, 1981

Subcommittee on Crime, dated July 13, 1981
Walker, John M., Jr., Assistant Secretary-Designate, Department of the

Treasury, letter dated July 28, 1981, to Hon. Sam Nunn.
Zeese, Kevin, legal director, National Organization for the Reform of Marijua-

na Laws, letter dated May 27, 1981, to Hon. Peter W. Rodino, Jr.

83

91 187 81

71

89

POSSE COMITATUS ACT

WEDNESDAY, JUNE 3, 1981

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON CRIME,
COMMITTEE ON THE JUDICIARY,

Washington, D.C. 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

« PreviousContinue »