If Congress tries to pass legislation (The NDAA) with an amendment or wording to remove ability to use the Insurrection Act they may be violating the U.S. Constitution Article IV – Sec.4
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."
Note the Red Line Diner in Fishkill, NY