Another Tenant of the Constitution Ends

Burried in the following Act:


H. R. 5122 One Hundred Ninth Congress of the United States of America AT T H E S E C O N D S E S S I O N Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

You will find the follwing:


SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMER- GENCIES. (a) USE OF THE ARMED FORCES AUTHORIZED.-- (1) IN GENERAL.--Section 333 of title 10, United States Code, is amended to read as follows:`` 333. Major public emergencies; interference with State and Federal law ``(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.--(1) The President may employ the armed forces, including theNational Guard in Federal service, to-- ``(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that-- ``(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and ``(ii) such violence results in a condition described in paragraph (2); or ``(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrec- tion, violation, combination, or conspiracy results in a condition described in paragraph (2). ``(2) A condition described in this paragraph is a conditionthat-- ``(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or H. R. 5122--323 ``(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. ``(3) In any situation covered by paragraph (1)(B), the Stateshall be considered to have denied the equal protection of thelaws secured by the Constitution. ``(b) NOTICE TO CONGRESS.--The President shall notify Congressof the determination to exercise the authority in subsection (a)(1)(A)as soon as practicable after the determination and every 14 daysthereafter during the duration of the exercise of that authority.''. (2) PROCLAMATION TO DISPERSE.--Section 334 of such title is amended by inserting ``or those obstructing the enforcement of the laws'' after ``insurgents''. (3) HEADING AMENDMENT.--The heading of chapter 15 of such title is amended to read as follows: ``CHAPTER 15--ENFORCEMENT OF THE LAWS TO RESTORE PUBLIC ORDER''. (4) CLERICAL AMENDMENTS.--(A) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 15 and inserting the following new item:``15 Enforcement of the Laws to Restore Public Order ....................................... 331''. (B) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to sections 333 and inserting the following new item:``333. Major public emergencies; interference with State and Federal law.''. (b) PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT.-- (1) IN GENERAL.--Chapter 152 of such title is amended by adding at the end the following new section:`` 2567. Supplies, services, and equipment: provision in major public emergencies ``(a) PROVISION AUTHORIZED.--In any situation in which thePresident determines to exercise the authority in section333(a)(1)(A) of this title, the President may direct the Secretaryof Defense to provide supplies, services, and equipment to personsaffected by the situation. ``(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT.--The sup-plies, services, and equipment provided under this section mayinclude food, water, utilities, bedding, transportation, tentage,search and rescue, medical care, minor repairs, the removal ofdebris, and other assistance necessary for the immediate preserva-tion of life and property. ``(c) LIMITATIONS.--(1) Supplies, services, and equipment maybe provided under this section-- ``(A) only to the extent that the constituted authorities of the State or possession concerned are unable to provide such supplies, services, and equipment, as the case may be; and ``(B) only until such authorities, or other departments or agencies of the United States charged with the provision of such supplies, services, and equipment, are able to provide such supplies, services, and equipment. H. R. 5122--324 ``(2) The Secretary may provide supplies, services, and equip-ment under this section only to the extent that the Secretarydetermines that doing so will not interfere with military prepared-ness or ongoing military operations or functions. ``(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.--The provisionof supplies, services, or equipment under this section shall notbe subject to the provisions of section 403(c) of the Robert T.Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.5170b(c)).''. (2) CLERICAL AMENDMENT.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:``2567. Supplies, services, and equipment: provision in major public emergencies''. (c) CONFORMING AMENDMENT.--Section 12304(c)(1) of such titleis amended by striking ``No unit'' and all that follows through``subsection (b),'' and inserting ``Except to perform any of the func-tions authorized by chapter 15 or section 12406 of this title orby subsection (b), no unit or member of a reserve component maybe ordered to active duty under this section''.