There are a number of situations in which the Act does not apply. These include:

– National Guard units, state defense forces, and naval militias[15] while under the authority of the governor of a state. However, only the National Guard can be federalized under 10 U.S.C. § 12406, which shifts control from the state governor to the President, making them subject to the PCA as well.

– Federal troops used in accordance to the Insurrection Act, as was the case with the 1st Marine Division and 7th Infantry Division being sent to curtail the 1992 Los Angeles riots.