HR5122 Sec1076 - Use Of The Armed Forces In M...

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 the
National 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 condition
that-- ``(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 State
shall be considered to have denied the equal protection of the
laws secured by the Constitution.
``(b) NOTICE TO CONGRESS.--The President shall notify Congress
of the determination to exercise the authority in subsection (a)(1)(A)
as soon as practicable after the determination and every 14 days
thereafter 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 the
President determines to exercise the authority in section
333(a)(1)(A) of this title, the President may direct the Secretary
of Defense to provide supplies, services, and equipment to persons
affected by the situation.
``(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT.--The sup-
plies, services, and equipment provided under this section may
include food, water, utilities, bedding, transportation, tentage,
search and rescue, medical care, minor repairs, the removal of
debris, and other assistance necessary for the immediate preserva-
tion of life and property.
``(c) LIMITATIONS.--(1) Supplies, services, and equipment may
be 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 Secretary
determines that doing so will not interfere with military prepared-
ness or ongoing military operations or functions.
``(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.--The provision
of supplies, services, or equipment under this section shall not
be 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 title
is 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 or
by subsection (b), no unit or member of a reserve component may
be ordered to active duty under this section''.