REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109–364 RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109–364 RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.(a) Interference With State and Federal Laws.—(1) In general.—Section 333 of title 10, United States Code, is amended to read as follows:“§ 333. Interference with State and Federal law “The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—“(1) so hinders the execution of the laws of that State, and of the United States within the State, 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 are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or“(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.”.(2) Proclamation to disperse.—Section 334 of such title is amended by striking “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—INSURRECTION”.(4) Clerical amendments.—122 STAT. 326(A) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 333 and inserting the following new item: “333. Interference with State and Federal law.”. (B) 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. Insurrection 331”. (b) Repeal of Section Relating to Provision of Supplies, Services, and Equipment.—(1) In general.—Section 2567 of title 10, United States Code, is repealed.(2) Clerical amendment.—The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2567.(c) Conforming Amendment.—Section 12304(c) of such title is amended by striking “Except to perform” and all that follows through “this section” and inserting “No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 12406 of this title or, except as provided in subsection (b),”.(d) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act.