[Section 1076 of the 2007 National Defense Authorization Act (Public Law 109-364), 2006]. “In [Congressional] conference, the chairs…[adopted a] provision that simultaneously amended the federal Insurrection Act and authorized the President to take control of the Guard in response to any “natural disaster, epidemic or other serious public emergency, terrorist attack or incident, or other condition in any State or possession of the United States…”.. Because this was done under an expansion of the President’s Insurrection Act powers, military forces operating at the President’s direction in such circumstances are not subject to the Posse Comitatus Act and can be used to force compliance with laws by any rules for use of lethal force (RUF) or rules of engagement (ROE) authorized by the President or those acting under his delegated authority. The conference report was agreed to in the House on the same day as its filing (September 29, 2006) and in the Senate the following day (September 30, 2006). Without any hearing or consultation with the governors and without any articulation or justification of need, Section 1076 of the 2007 NDAA changed more than 100 years of well-established and carefully balanced state–federal and civil -military relationships. One hundred years of law and policy were changed without any publicly or privately acknowledged author or proponent of the change. As written, the Act does not require the President to contact, confer or collaborate in any way with a governor before seizing control of a state’s National Guard forces. It requires only notice to Congress that the President has taken the action but no explanation, justification or consent of congress is required”. (Lowenberg, “Statement by Major General Timothy Lowenberg, April 24, 2007)