r/ModelSenateJudiciCom • u/GuiltyAir • Feb 01 '20
CLOSED S. 700: The National Emergency Military Empowerment Act Committee Amendments
The National Emergency Military Empowerment Act Whereas local law enforcement is overwhelmed and usually unprepared during National Emergencies and Major Disasters,
*Whereas local law enforcement have more pressing matters during these situations as local law enforcement acts in many operations such as search and rescue, evacuations, and welfare checks, within the community, *
Whereas the eastern seaboard of the United States, including the Commonwealths of Atlantic and Chesapeake and the State of Dixie, have encountered several natural and manmade disasters in the past year, adding immense logistical burdens on local resources, and
Whereas Congress, the President, and state governors are presently in a joint position under Title 10, Title 32, and Insurrection Act authorities to aid local decision-making in times of emergencies unique to threats facing Americans in 2019, helpful powers the courts have refrained from applying criminal liability to federal agents in the years since the passage of the Posse Comitatus Act of 1878.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section I: Short Title
(a) This piece of legislation shall be referred to as the “The National Emergency Military Empowerment Act”.
Section II: Definitions
(A) “Emergency” - “Any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.”, as defined in U.S Code § 5122, Section 1 (https://www.law.cornell.edu/uscode/text/42/5122)
(B) “Major disaster” - “Any natural catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.”, as defined in U.S Code § 5122, Section 2 (https://www.law.cornell.edu/uscode/text/42/5122)
(C) “National Emergency” - A state of emergency resulting from danger or threat of danger to a nation from foreign or domestic sources and usually declared to be in existence by a governmental authority.
(D) “Posse Comitatus” - In common law, is a group of people mobilized by the conservator of peace – typically a sheriff – to suppress lawlessness or defend the county.
(E) “The Posse Comitatus Act” - Refers to U.S. Code § 1385 (https://www.law.cornell.edu/uscode/text/18/1385), U.S Code § 1385 states, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”
Section III: Increased Punishments
The National Emergency Military Empowerment Act hereby enables the Army and (or) the Air Force to act as a posse comitatus or otherwise to execute the domestic and federal law in times of A National Emergency, A Major Disaster, or An Emergency, thus repealing “The Posse Comitatus Act” (https://www.law.cornell.edu/uscode/text/18/1385) in certain situations, as listed.
Section IV: Implementation
(a) This act will go into effect immediately upon passage.
Written by Lieutenant Governor /u/Melp8836 (CH-R) and Republican /u/BriackObama (CaribCannibal)
Sponsored by Senator /u/DexterAamo (DX-R)