The insurrection act was changed in the 2007 appropriations act. To wit: “Section 1076(a): The John Warner Defense Authorization Act amended the quoted section (10 USC § 333), which is renamed Major Public Emergencies; Interference with State and Federal Law, to allow the President to employ armed forces, including the National Guard in Federal Service, “to restore public order and enforce the laws when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, the President determines that “domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order.”
This should have been named the “Blanco - Pandemic Influenza” act.
It is disturbing on another level, though. Once again, as in the substitution of "authorizing force" instead of "declaring war", it seems the Congress is shirking responsibility. The way the Constitution reads, passing off to the President the decision about when the State authorities have proved incapable gives the Executive the triggering power for calling up the Militia. That power should be directly executed by Congress on a case by case basis.
Same thing with the "Authorization of Force". By passing off the decision to the President, it allows cowards such as Murtha, Kerry, and Clinton to pass off blame when things get tough. I hope future Presidents learn the lesson and demand a straightforward Declaration of War next time the US is threatened. Then, girlie men like Arnie will look foolish for bitching about the equipment being used to defend the US, instead of rusting in depots awaiting the next earthquake.