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10 U.S.C. § 253 (ARMED FORCES)
§ 253. 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333; Pub. L. 109–364, div. A, title X, § 1076(a)(1), Oct. 17, 2006, 120 Stat. 2404; Pub. L. 110–181, div. A, title X, § 1068(a)(1), Jan. 28, 2008, 122 Stat. 325; renumbered § 253, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
333
50:203.
R.S. 5299.
The words “armed forces” are substituted for the words “land or naval forces of the United States”. The word “shall” is substituted for the words “it shall be lawful for * * * and it shall be his duty”.
heading: Derivation
text: Act Apr. 20, 1871, ch. 22, § 3, 17 Stat. 14.
heading: Editorial Notes
heading: Codification
text: Another section 253 was renumbered section 240c of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 333 of this title as this section.
2008—Pub. L. 110–181 amended section generally, substituting provisions directing the President to suppress certain insurrections and domestic violence in a State for provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority.
2006—Pub. L. 109–364 amended section catchline and text generally, substituting provisions authorizing the President to employ the armed forces during a natural disaster or terrorist attack or to suppress an insurrection in a State and requiring notice to Congress during the exercise of such authority for provisions directing the President to suppress certain insurrections and domestic violence in a State.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. A, title X, § 1068(d), Jan. 28, 2008, 122 Stat. 326, provided that: “The amendments made by this section [amending this section and sections 334 and 12304 of this title and repealing section 2567 of this title] shall take effect on the date of the enactment of this Act [Jan. 28, 2008].”
10 U.S.C. § 255 (ARMED FORCES)
§ 255. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.
(Added Pub. L. 90–497, § 11, Sept. 11, 1968, 82 Stat. 847, § 335; amended Pub. L. 96–513, title V, § 511(11)(A), Dec. 12, 1980, 94 Stat. 2920; Pub. L. 109–163, div. A, title X, § 1057(a)(8), Jan. 6, 2006, 119 Stat. 3441; renumbered § 255, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 335 of this title as this section.
2006—Pub. L. 109–163 struck out “the unincorporated territories of” before “Guam”.
1980—Pub. L. 96–513 inserted “and Virgin Islands” after “Guam” in section catchline and inserted provision respecting applicability to the Virgin Islands.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
heading: Effective Date
text: Pub. L. 90–497, § 11, Sept. 11, 1968, 82 Stat. 847, provided that this section is effective on date of enactment of Pub. L. 90–497, which was approved on Sept. 11, 1968.
10 U.S.C. § 273 (ARMED FORCES)
§ 273. Training and advising civilian law enforcement officials
The Secretary of Defense may, in accordance with other applicable law, make Department of Defense personnel available—
(1) to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment, including equipment made available under section 372 1 of this title; and
(2) to provide such law enforcement officials with expert advice relevant to the purposes of this chapter.
(Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1115, § 373; amended Pub. L. 99–145, title XIV, § 1423(a), Nov. 8, 1985, 99 Stat. 752; Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2043; renumbered § 273, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: References in Text
text: Section 372 of this title, referred to in par. (1), was renumbered section 272 of this title by Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.
heading: Prior Provisions
text: A prior section 273, act Aug. 10, 1956, ch. 1041, 70A Stat. 13, related to composition of Standby Reserve and maintenance of inactive status list in Standby Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See sections 10151 to 10153 of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 373 of this title as this section.
1988—Pub. L. 100–456 amended section generally, substituting provisions authorizing Secretary of Defense, in accordance with applicable law, to make Defense Department personnel available for training, etc., for former subsecs. (a) to (c) authorizing Secretary of Defense to assign members of Army, Navy, Air Force, and Marine Corps, etc., for training, etc., briefing sessions by Attorney General, and other functions of Attorney General and Administrator of General Services.
1985—Pub. L. 99–145 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1985 Amendment
text: Pub. L. 99–145, title XIV, § 1423(b), Nov. 8, 1985, 99 Stat. 752, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1986.”
10 U.S.C. § 275 (ARMED FORCES)
§ 275. Restriction on direct participation by military personnel
The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.
(Added Pub. L. 97–86, title IX § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 375; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; Pub. L. 101–189, div. A, title XII, § 1211, Nov. 29, 1989, 103 Stat. 1567; renumbered § 275, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 275, acts Aug. 10, 1956, ch. 1041, 70A Stat. 13; Sept. 2, 1958, Pub. L. 85–861, § 1(5)(B), 72 Stat. 1439, related to maintenance of personnel records of members of reserve components, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See section 10204 of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 375 of this title as this section.
1989—Pub. L. 101–189 substituted “any activity” for “the provision of any support”, struck out “to any civilian law enforcement official” after “any personnel)”, and substituted “a search, seizure, arrest,” for “a search and seizure, an arrest,”.
1988—Pub. L. 100–456 amended section generally. Prior to amendment, section read as follows: “The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any assistance (including the provision of any equipment or facility or the assignment of any personnel) to any civilian law enforcement official under this chapter does not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in an interdiction of a vessel or aircraft, a search and seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”
10 U.S.C. § 276 (ARMED FORCES)
§ 276. Support not to affect adversely military preparedness
Support (including the provision of any equipment or facility or the assignment or detail of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such support will adversely affect the military preparedness of the United States. The Secretary of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any such support does not adversely affect the military preparedness of the United States.
(Added Pub. L. 97–86, title, IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 376; amended Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; renumbered § 276, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 276, acts Aug. 10, 1956, ch. 1041, 70A Stat. 13; Apr. 21, 1987, Pub. L. 100–26, § 7(k)(4), 101 Stat. 284, related to maintenance of mobilization forces, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See section 10207 of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 376 of this title as this section.
1988—Pub. L. 100–456 substituted “Support” for “Assistance” in section catchline and amended text generally. Prior to amendment, text read as follows: “Assistance (including the provision of any equipment or facility or the assignment of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such assistance will adversely affect the military preparedness of the United States. The Secretary of Defense shall issue such regulations as may be necessary to insure that the provision of any such assistance does not adversely affect the military preparedness of the United States.”
10 U.S.C. § 278 (ARMED FORCES)
§ 278. Nonpreemption of other law
Nothing in this chapter shall be construed to limit the authority of the executive branch in the use of military personnel or equipment for civilian law enforcement purposes beyond that provided by law before December 1, 1981.
(Added Pub. L. 97–86, title IX, § 905(a)(1), Dec. 1, 1981, 95 Stat. 1116, § 378; amended Pub. L. 98–525, title XIV, § 1405(10), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 100–456, div. A, title XI, § 1104(a), Sept. 29, 1988, 102 Stat. 2045; renumbered § 278, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 278, act Aug. 10, 1956, ch. 1041, 70A Stat. 14, related to dissemination of information of interest to reserve components, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1661(a)(2)(A), 1691, Oct. 5, 1994, 108 Stat. 2979, 3026, effective Dec. 1, 1994. See section 10210 of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 378 of this title as this section.
1988—Pub. L. 100–456 reenacted section without change.
1984—Pub. L. 98–525 substituted “before December 1, 1981” for “prior to the enactment of this chapter”.
10 U.S.C. § 313 (ARMED FORCES)
§ 313. Bilateral or regional cooperation programs: awards and mementos to recognize superior noncombat achievements or performance
(a) General Authority.—
The Secretary of Defense may present awards and mementos purchased with funds appropriated for operation and maintenance of the armed forces to recognize superior noncombat achievements or performance by members of friendly foreign forces and other foreign nationals that significantly enhance or support the National Security Strategy of the United States.
(b) Activities That May Be Recognized.—
Activities that may be recognized under subsection (a) include superior achievement or performance that—
(1) plays a crucial role in shaping the international security environment in ways that protect and promote United States interests;
(2) supports or enhances United States overseas presence and peacetime engagement activities, including defense cooperation initiatives, security assistance training and programs, and training and exercises with the armed forces;
(3) helps to deter aggression and coercion, build coalitions, and promote regional stability; or
(4) serves as a role model for appropriate conduct by military forces in emerging democracies.
(c) Limitation.—
Expenditures for the purchase or production of mementos for award under this section may not exceed the minimal value in effect under section 7342(a)(5) of title 5.
(Added Pub. L. 108–136, div. A, title XII, § 1222(a), Nov. 24, 2003, 117 Stat. 1652, § 1051b; renumbered § 313, Pub. L. 114–328, div. A, title XII, § 1241(b), Dec. 23, 2016, 130 Stat. 2500.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 1051b of this title as this section.
10 U.S.C. § 336 (ARMED FORCES)
[§ 336. Repealed. Pub. L. 96–513, title V, § 511(11)(B), Dec. 12, 1980, 94 Stat. 2921]
text: Section, added Pub. L. 90–496, § 12, Aug. 23, 1968, 82 Stat. 841, included Virgin Islands within “State”. See section 255 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
10 U.S.C. § 348 (ARMED FORCES)
§ 348. Aviation Leadership Program
(a) In General.—
Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may carry out an Aviation Leadership Program to provide undergraduate pilot training and necessary related training to personnel of the air forces of friendly, developing foreign countries. Training under this section shall include language training and programs to promote better awareness and understanding of the democratic institutions and social framework of the United States.
(b) Supplies and Clothing.—
(1) The Secretary of the Air Force may, under such conditions as the Secretary may prescribe, provide to a person receiving training under this section—
(A) transportation incident to the training;
(B) supplies and equipment to be used during the training;
(C) flight clothing and other special clothing required for the training; and
(D) billeting, food, and health services.
(2) The Secretary may authorize such expenditures from the appropriations of the Air Force as the Secretary considers necessary for the efficient and effective maintenance of the Program in accordance with this section.
(c) Allowances.—
The Secretary of the Air Force may pay to a person receiving training under this section a living allowance at a rate to be prescribed by the Secretary, taking into account the amount of living allowances authorized for a member of the armed forces under similar circumstances.
(Added Pub. L. 114–328, div. A, title XII, § 1241(i)(1), Dec. 23, 2016, 130 Stat. 2507.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in chapter 905 of this title prior to repeal by Pub. L. 114–328.
heading: Statutory Notes and Related Subsidiaries
heading: Congressional Findings
text: Pub. L. 103–160, div. A, title XI, § 1178(a), Nov. 30, 1993, 107 Stat. 1768, provided that:
“The Congress finds the following:
“(1) The training in the United States of pilots from the air forces of friendly foreign nations furthers the interests of the United States, promotes closer relations with such nations, and advances the national security.
“(2) Many friendly foreign nations cannot afford to reimburse the United States for the cost of such training.
“(3) It is in the interest of the United States that the Secretary of the Air Force establish a program to train in the United States pilots from the air forces of friendly, less developed foreign nations.”
10 U.S.C. § 349 (ARMED FORCES)
§ 349. Inter-American Air Forces Academy
(a) Operation.—
The Secretary of the Air Force may operate the Air Force education and training facility known as the Inter-American Air Forces Academy for the purpose of providing military education and training to military personnel of Central and South American countries, Caribbean countries, and other countries eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
(b) Limitations.—
(1) Concurrence of secretary of state.—
Military personnel of a foreign country may be provided education and training under this section only with the concurrence of the Secretary of State.
(2) Assistance otherwise prohibited by law.—
Education and training may not be provided under this section to the military personnel of any country that is otherwise prohibited from receiving such type of assistance under any other provision of law.
(c) Costs.—
The fixed costs of operating and maintaining the Inter-American Air Forces Academy may be paid from funds available for operation and maintenance of the Air Force.
(Added Pub. L. 101–510, div. A, title III, § 330(a), Nov. 5, 1990, 104 Stat. 1535, § 9415; renumbered § 349 and amended Pub. L. 114–328, div. A, title XII, § 1241(j), Dec. 23, 2016, 130 Stat. 2508.)
heading: Editorial Notes
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (a), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 5 of part II of such Act is classified generally to part V of subchapter II (§ 2347 et seq.) of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
heading: Amendments
text: 2016—Pub. L. 114–328, § 1241(j)(1), renumbered section 9415 of this title as this section.
Subsecs. (b), (c). Pub. L. 114–328, § 1241(j)(2), added subsec. (b) and redesignated former subsec. (b) as (c).
10 U.S.C. § 352 (ARMED FORCES)
§ 352. Naval Small Craft Instruction and Technical Training School
(a) In General.—
The Secretary of Defense may operate an education and training facility known as the “Naval Small Craft Instruction and Technical Training School” (in this section referred to as the “School”).
(b) Designation of Executive Agent.—
The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
(c) Purpose.—
The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provision of law related to naval small craft instruction and training and to increase professionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for—
(1) the operation, employment, maintenance, and logistics of specialized equipment;
(2) participation in—
(A) joint exercises; or
(B) coalition or international military operations; and
(3) improved interoperability between—
(A) the armed forces; and
(B) the military and other security forces of the one or more friendly foreign countries.
(d) Limitation on Personnel Eligible To Receive Education and Training.—
The Secretary of Defense may not provide education or training at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law.
(e) Fixed Costs.—
The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and maintenance of the Department of Defense.
(f) Annual Report.—
Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a detailed report on the activities and operating costs of the School during the preceding fiscal year.
(Added Pub. L. 115–232, div. A, title XII, § 1208(a)(1), Aug. 13, 2018, 132 Stat. 2021.)
heading: Statutory Notes and Related Subsidiaries
heading: Limitation on Use of Funds
text: Pub. L. 115–232, div. A, title XII, § 1208(c), Aug. 13, 2018, 132 Stat. 2022, provided that:
“(1) In general.—
Nothing in section 352 of title 10, United States Code (as so added), may be construed as authorizing the use of funds appropriated for the Department of Defense for any purpose described in paragraph (2) unless specifically authorized by an Act of Congress other than that section or this Act [see Tables for classification].
“(2) Purposes.—
The purposes described in this paragraph are the following:
“(A) The operation of a facility other than the Naval Small Craft Instruction and Technical Training School that is in operation as of the date of the enactment of this Act [Aug. 13, 2018] for the provision of education and training authorized to be provided by the School.
“(B) The construction or expansion of any facility of the School.”
10 U.S.C. § 381 (ARMED FORCES)
§ 381. Consolidated budget
(a) Consolidated Budget.—
The budget of the President for each fiscal year, as submitted to Congress by the President pursuant to section 1105 of title 31, shall set forth by budget function and as a separate item the amounts requested for the Department of Defense for such fiscal year for all security cooperation programs and activities of the Department of Defense, including the military departments, to be conducted in such fiscal year, including the specific country or region and the applicable authority, to the extent practicable.
(b) Quarterly Report on Use of Funds.—
Not later than 60 days after the end of each calendar quarter, the Secretary shall submit to the appropriate committees of Congress a report on the obligation and expenditure of funds for security cooperation programs and activities of the Department of Defense during such calendar quarter.
(Added Pub. L. 114–328, div. A, title XII, § 1249(a), Dec. 23, 2016, 130 Stat. 2526; amended Pub. L. 116–92, div. A, title XII, § 1204, Dec. 20, 2019, 133 Stat. 1622.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 381 was renumbered section 281 of this title.
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 116–92 substituted “60 days” for “30 days”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date; Applicability
text: Pub. L. 114–328, div. A, title XII, § 1249(b), Dec. 23, 2016, 130 Stat. 2526, provided that:
“The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Dec. 23, 2016], and shall apply as follows:
“(1) Subsection (a) of section 381 of title 10, United States Code, as added by subsection (a), shall apply to budgets submitted to Congress by the President pursuant to section 1105 of title 31, United States Code, for each fiscal year after fiscal year 2018.
“(2) Subsection (b) of such section 381, as so added, shall apply to calendar quarters beginning on or after the date of the enactment of this Act.”