Page:United States Statutes at Large Volume 122.djvu/348

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12 2 STA T .3 2 5PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 (1)Anide n t i f i ca ti o noft h en umb e r of detainee sw ho , as of D ecember 3 1, 20 0 7 , theDe p artment estimates — (A) wi l lha v e been or will be char g ed with one or more crimes and ma y , therefore, be tried before a military commission

( B ) will be sub j ect of an order calling for the release or transfer of the detainee from the G uantanamo Bay facility; or ( C ) will not have been charged with any crimes and will not be subject to an order calling for the release or transfer of the detainee from the Guantanamo Bay facility, but whom the Department wishes to continue to detain . (2) A description of the actions re q uired to be underta k en, by the S ecretary of Defense, possibly the heads of other F ederal agencies, and Congress, to ensure that detainees who are sub - ject to an order calling for their release or transfer from the Guantanamo Bay facility have, in fact, been released. (c) F ORM .— T he report required by subsection (a) shall be sub- mitted in unclassified form but may contain a classified anne x . SEC.1068 . R E P E ALOF PRO VI SIO N SINSEC T ION 10 7 6OFP UB LIC LA W 10 9–3 6 4 RELATIN G TOUSEOFAR M E D FORCES IN MA J OR PUBLIC EMERGENCIES. (a) INTE R F EREN C E WI T H ST A TE AN D FEDERA LL A WS .— (1) IN G ENERAL.—Section 333 of title 10, U nited States Code, is amended to read as follows

‘ §3 33 .Interf eren c e wi t hS t a te an dF edera l law ‘ ‘The P resident, 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 DIS P ERSE.—Section 33 4 of such title is amended by striking ‘‘or those obstructing the enforcement of the laws’’ after ‘‘insurgents’’. (3) H EADING AMENDMENT.—The heading of chapter 1 5 of such title is amended to read as follows: ‘‘ CHAPTER15— I N S U RRECTI O N ’ ’. (4) CLERICAL AMENDMENTS.— Presid e nt.