Thread: Governors Achieve Partial Victory in Defense Authorization

http://www.nga.org/portal/site/nga/menu ... 01010aRCRD

News Release

10/04/2006 Governors Achieve Partial Victory in Defense Authorization Bill; Seek Clarification of Presidential Power Contact: Jodi Omear
Office of Communications WASHINGTON—The National Governors Association (NGA) issued the following statement regarding passage of the Department of Defense Authorization bill:
"Governors are pleased House and Senate conferees dropped a provision in the Defense Authorization bill that would permit the President to federalize the National Guard in a serious manmade or natural disaster, but disappointed Congress included language expanding the President's authority under the Insurrection Act. Governors also are troubled that federal decision makers continue to change national policy regarding the National Guard without first consulting with governors.
The bill alters the Act to grant the President authority to federalize the National Guard when 'as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident' the President determines that state authorities 'are incapable of maintaining public order.'
Unfortunately the new provision gives the President and governors little guidance as to when such authority may be used. Clarification is needed so governors can focus on meeting the needs of their citizens when faced with a disaster rather than wondering if the President will unilaterally intervene. The Administration must work with governors to ensure the President's authority under the Act remains an extraordinary remedy used only in extraordinary times. At a minimum, the President should be required to consult with a governor, when possible, before using the Act to respond to a disaster."
# # #
NGA, founded in 1908, is the instrument through which the nation's governors collectively influence the development and implementation of national policy and apply creative leadership to state issues. Its members are the governors of the 50 states, three territories and two commonwealths. The NGA Center for Best Practices, the nation's leading authority on state innovation, helps governors and their policy advisors develop and implement effective solutions to governance and policy challenges facing them in their states. The Center provides tailored technical assistance, tracks and evaluates state innovations and best practices, and helps governors and their staffs develop cutting-edge solutions to stay ahead of problems. For more information about NGA and the Center for Best Practices, please visit www.nga.org.

The bill alters the Act to grant the President authority to federalize the National Guard when 'as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident' the President determines that state authorities 'are incapable of maintaining public order.'