A few weeks earlier, Skelton sent a letter to President Bush asking him to clarify statements he made on Sept. 15 about using the military in responding to domestic disasters like Hurricane Katrina. It appeared as if Bush was calling for an increased role for the armed forces in such scenarios, according to the announcement. Specifically, Bush said challenges as big as Katrina "requires greater federal authority and a broader role for the armed forces." Skelton asks in his letter sent six days later whether Bush wants to seek a Posse Comitatus Act waiver or request a rewrite of the legislation, the announcement states.

Posse Comitatus is considered a cornerstone of legal devices underpinning federalism, in which state governments have some protection from attempts by Washington to directly govern their affairs. The legislation generally prohibits the use of active-duty military forces in domestic law enforcement.

After Katrina devastated New Orleans and much of the Gulf Coast, Bush told executive branch agencies to compile lessons from their response efforts, which were widely criticized as being insufficient in the early days of the crisis. The military ended up playing a central role in the federal government's relief work.

Before he became chairman of the Joint Chiefs of Staff, Marine Corps Gen. Peter Pace said Posse Comitatus may need to be reviewed, but it should not be changed in a way that would sacrifice civil liberties.

"I’m not for or against Posse Comitatus,” he said at a Sept. 8 conference sponsored by the Marine Corps Association and the U.S. Naval Institute. “All I’m simply saying is: Should we put that on the table, among other things, and review and make sure the needs of the country are best met with current legal requirements?”

Meanwhile, the Pentagon, as part of its ongoing Quadrennial Defense Review, is mulling what mix of active-duty troops and reservists is needed for potential missions on U.S. soil.

In their meeting today, Rumsfeld told Skelton that while the Defense Department is still compiling its proposals for the president, "changes to Posse Comitatus have not been discussed and the department does not intend to make recommendations that would involve changes to this act," the announcement states.

"I agree with Secretary Rumsfeld that no changes need to be made to existing law," Skelton said in the notice. "Clearly, there were many breakdowns in the response to Hurricane Katrina and [changes] must be made to improve the federal, state and local response to future emergencies, including both natural disasters and terrorist incidents."

Skelton supports creating an "independent" Hurricane Katrina commission to provide "credible and positive" reform recommendations so officials can better prepare for future emergencies, the announcement states.