[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Page 9770]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       DEFENSE AUTHORIZATION ACT

  Mr. WARNER. Mr. President, I rise tonight to respond to those who 
have questioned the legislative history and intent of section 1076 of 
the fiscal year 2007 Defense Authorization Act, a provision dealing 
with the use of the Armed Forces and National Guard in major public 
emergencies.
  This provision was the subject of a hearing today before the Senate 
Judiciary Committee.
  I would like to outline that this provision was drafted jointly by 
the Senate Armed Services Committee in a bipartisan and transparent 
fashion, was approved unaninmously by the committee, and was printed on 
May 9, 2006 as part of the Senate report on this bill.
  The provision was fully available in the public domain for review and 
debate for over 5 months prior to its final passage in the House and 
Senate, and approval by the President.
  During the brief period today that I have had the opportunity to 
again review this legislation, I did not uncover any material that 
suggests there were any serious misgivings regarding this provision by 
Federal, State, or local officials.
  I believe the committee's record speaks for itself. Attached below is 
an excerpt as put forth in the final conference report:

        Report 109-702--Conference Report to Accompany H.R. 5122

   National Defense Authorization Act for Fiscal Year 2007 (Excerpt)


    use of the armed forces in major public emergencies (sec. 1076)

       The Senate amendment contained a provision (sec. 1042) that 
     would amend chapter 15 of title 10, United States Code, the 
     so-called `Insurrection Act,' to clarify and update the 
     statute, and to make corresponding changes toother provisions 
     of law. Chapter 15 contains a collection of statutes dating 
     to the 18th and 19th centuries that authorizes the use of the 
     armed forces to put down insurrections, enforce Federal 
     authority, and suppress conspiracies that interfere with the 
     enforcement of Federal or State law.
       The provision would amend section 333 of title 10, United 
     States Code, to authorize the President, in any situation in 
     which he determined that, as a result of a natural disaster, 
     terrorist attack or incident, epidemic or other serious 
     public health emergency, or other condition, domestic 
     violence occurred to such an extent that the constituted 
     authorities of the State are incapable of maintaining public 
     order, and the violence obstructed the execution of the laws 
     of the United States of impeded the course of justice 
     thereunder, to use the armed forces, including the National 
     Guard in Federal service, to restore public order and enforce 
     the laws of the United States until the State authorities are 
     again capable of maintaining order. The President is to 
     notify Congress of his determination to exercise this 
     authority as soon as possible and every 15 days thereafter as 
     long as the authority is exercised.
       The provision would also amend chapter 152 of title 10, 
     United States Code, to authorize the President, in any 
     situation in which he determines to exercise the authority 
     set out above, to direct the Secretary of Defense to provide 
     supplies, services, and equipment necessary for the immediate 
     preservation of life and property. Such supplies, services, 
     and equipment may be provided: (1) Only to the extent that 
     the constituted authorities of the State are unable to 
     provide them; (2) only until other departments and agencies 
     of the United States charged with such responsibilities are 
     able to provide them; and (3) only to the extent that their 
     provision will not interfere with preparedness or ongoing 
     operations. This authority is not subject to the provisions 
     of section 403 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170b).
       The provision would further include a conforming amendment 
     to section 12304 of title 10, United Stated Code, to remove 
     a restriction on the use of the Presidential Selected Reserve 
     call up authority in chapter 15 or natural disaster 
     situations. The House bill contained no similar provision. 
     The House recedes with an amendment that would modify the 
     conforming amendment to section 12304 to provide that the 
     Presidential Selected Reserve call up authority could be used 
     in situations arising under chapter 15 and section 12406 of 
     title 10, United States Code, as well as in situations set 
     out in subsection (b) of section 12304.

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