Reading Room Document

Extraterritorial Effect of the Posse Comitatus Act

The Posse Comitatus Act does not apply outside the territory of the United States. Although some language in Department of Defense regulations suggests that certain restrictions on the use of military assistance apply outside the land area of the United States, the better view is to read those regulations consistently with provisions in the underlying statute, passed subsequently to the Posse Comitatus Act, stating that no limitations beyond those imposed by the Posse Comitatus Act were intended to be enacted. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24351/download.

November 3, 1989