Zach Nunn: “This provision we have in this bill is very close to the amendment that passed the Senate overwhelmingly and that was…”

“This provision we have in this bill is very close to the amendment that passed the Senate overwhelmingly and that was worked out carefully between Senator Hatch and myself and Senator Biden. It does provide an extraordinary circumstance that the DOE and DOD can help State and local officials. For instance, if there were a subway attack in New York, if the fire department and police department were overwhelmed with the chemical sarin gas, there would be the ability to ask for emergency assistance. Then the Departments of Defense and Justice--the Secretary of Defense and Attorney General--could respond. It would have to be very narrowly prescribed circumstances, where they could respond to that situation only, in very unique circumstances, where the State and local governments and the normal law enforcement officials would not be capable of responding. So that provision is in this bill. It was dropped--the Senator from Virginia is correct--from the antiterrorism bill in conference. I think that was a fundamental mistake, a flaw. But it is a part of this legislation.”