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10 U.S.C. § 255 — Guam and Virgin Islands included as
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Page 339
TITLE 10—ARMED FORCES
§ 255
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
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].’’
§ 254. Proclamation to disperse
Whenever the President considers it necessary
to use the militia or the armed forces under this
chapter, he shall, by proclamation, immediately
order the insurgents to disperse and retire
peaceably to their abodes within a limited time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 16, § 334; Pub. L.
109–364, div. A, title X, § 1076(a)(2), Oct. 17, 2006,
120 Stat. 2405; Pub. L. 110–181, div. A, title X,
§ 1068(a)(2), Jan. 28, 2008, 122 Stat. 325; renum-
bered § 254, Pub. L. 114–328, div. A, title XII,
§ 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
334 ..........
50:204.
R.S. 5300.
The words ‘‘militia or the armed forces’’ are sub-
stituted for the words ‘‘military forces’’ for clarity and
to conform to sections 331, 332, and 333 of this title.
DERIVATION
Act July 29, 1861, ch. 25, § 2, 12 Stat. 282.
Editorial Notes
CODIFICATION
Another section 254 was renumbered section 240d of
this title.
AMENDMENTS
2016—Pub. L. 114–328 renumbered section 334 of this
title as this section.
2008—Pub. L. 110–181 struck out ‘‘or those obstructing
the enforcement of the laws’’ after ‘‘insurgents’’.
2006—Pub. L. 109–364 inserted ‘‘or those obstructing
the enforcement of the laws’’ after ‘‘insurgents’’.
Executive Documents
PROC.
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Page 339
TITLE 10—ARMED FORCES
§ 255
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
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].’’
§ 254. Proclamation to disperse
Whenever the President considers it necessary
to use the militia or the armed forces under this
chapter, he shall, by proclamation, immediately
order the insurgents to disperse and retire
peaceably to their abodes within a limited time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 16, § 334; Pub. L.
109–364, div. A, title X, § 1076(a)(2), Oct. 17, 2006,
120 Stat. 2405; Pub. L. 110–181, div. A, title X,
§ 1068(a)(2), Jan. 28, 2008, 122 Stat. 325; renum-
bered § 254, Pub. L. 114–328, div. A, title XII,
§ 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
334 ..........
50:204.
R.S. 5300.
The words ‘‘militia or the armed forces’’ are sub-
stituted for the words ‘‘military forces’’ for clarity and
to conform to sections 331, 332, and 333 of this title.
DERIVATION
Act July 29, 1861, ch. 25, § 2, 12 Stat. 282.
Editorial Notes
CODIFICATION
Another section 254 was renumbered section 240d of
this title.
AMENDMENTS
2016—Pub. L. 114–328 renumbered section 334 of this
title as this section.
2008—Pub. L. 110–181 struck out ‘‘or those obstructing
the enforcement of the laws’’ after ‘‘insurgents’’.
2006—Pub. L. 109–364 inserted ‘‘or those obstructing
the enforcement of the laws’’ after ‘‘insurgents’’.
Executive Documents
PROC. NO. 3204. OBSTRUCTION OF JUSTICE IN THE STATE
OF ARKANSAS
Proc. No. 3204, Sept. 23, 1957, 22 F.R. 7628, commanded
all persons in the State of Arkansas who were obstruct-
ing the enforcement of orders of the United States Dis-
trict Court for the Eastern District of Arkansas relat-
ing to enrollment and attendance at public schools,
particularly Central High School at Little Rock, Ar-
kansas, to cease and desist therefrom and to disperse
forthwith.
PROC. NO. 3497. OBSTRUCTION OF JUSTICE IN THE STATE
OF MISSISSIPPI
Proc. No. 3497, Sept. 30, 1962, 27 F.R. 9681, commanded
all persons in the State of Mississippi who were ob-
structing the enforcement of orders entered by the
United States District Court for the Southern District
of Mississippi and the United States Court of Appeals
for the Fifth Circuit to cease and desist therefrom and
to disperse and retire peaceably forthwith.
PROC. NO. 3542. UNLAWFUL OBSTRUCTION OF JUSTICE AND
COMBINATIONS IN THE STATE OF ALABAMA
Proc. No. 3542, June 11, 1963, 28 F.R. 5707, commanded
the Governor of the State of Alabama and all other per-
sons who were obstructing the orders of the United
States District Court for the Northern District of Ala-
bama relating to the enrollment and attendance of
Negro students at the University of Alabama to cease
and desist therefrom.
PROC. NO. 3554. OBSTRUCTION OF JUSTICE IN THE STATE
OF ALABAMA
Proc. No. 3554, Sept. 10, 1963, 28 F.R. 9861, commanded
all persons obstructing the enforcement of orders en-
tered by the United States District Courts in the State
of Alabama relating to the enrollment and attendance
of students in public schools in that State to cease and
desist therefrom and to disperse and retire peaceably
forthwith.
PROC. NO. 3645. OBSTRUCTION OF JUSTICE IN THE STATE
OF ALABAMA
Proc. No. 3645, Mar. 23, 1965, 30 F.R. 3739, commanded
all persons engaged or who may engage in domestic vi-
olence obstructing the enforcement of the laws and the
judicial order approving the right to march along U.S.
Highway 80 from Selma to Montgomery, Alabama com-
mencing during the period from Mar. 19, 1965 to Mar. 22,
1965 and terminating within 5 days of the commence-
ment to cease and desist therefrom and to disperse
forthwith.
PROC. NO. 3795. OBSTRUCTION OF JUSTICE IN THE STATE
OF MICHIGAN
Proc. No. 3795, July 26, 1967, 32 F.R. 10905, commanded
all persons engaged in domestic violence and disorder
in Detroit, Michigan, and obstructing the enforcement
of the laws to cease and desist therefrom and to dis-
perse forthwith.
PROC. NO. 3840. OBSTRUCTION OF JUSTICE IN THE
WASHINGTON METROPOLITAN AREA
Proc. No. 3840, Apr. 9, 1968, 33 F.R. 5495, commanded
all persons engaged in acts of violence threatening the
Washington Metropolitan Area and obstructing the
execution of the laws to cease and desist therefrom and
to disperse forthwith.
PROC. NO. 3841. OBSTRUCTION OF JUSTICE IN THE STATE
OF ILLINOIS
Proc. No. 3841, Apr. 9, 1968, 33 F.R. 5497, commanded
all persons engaged in violence in and about the City of
Chicago and obstructing the enforcement of the laws to
cease and desist therefrom and to disperse forthwith.
PROC. NO. 3842. OBSTRUCTION OF JUSTICE IN THE STATE
OF MARYLAND
Proc. No. 3842, Apr. 9, 1968, 33 F.R. 5499, commanded
all persons engaged in acts of violence and obstructing
the enforcement of the laws in and about the City of
Baltimore to cease and desist therefrom and to disperse
forthwith.
§ 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.)
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328 renumbered section 335 of this
title as this section.
Page 340
TITLE 10—ARMED FORCES
§ 261
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 provi-
sion respecting applicability to the Virgin Islands.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
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.
EFFECTIVE DATE
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.
CHAPTER 14—ARMING OF AMERICAN
VESSELS
Sec.
261.
During war or threat to national security.
Editorial Notes
AMENDMENTS
2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1),
(o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered
chapter 17 of this title ‘‘ARMING OF AMERICAN VES-
SELS’’ as chapter 14 and redesignated item 351 ‘‘During
war or threat to national security’’ as item 261.
§ 261. During war or threat to national security
(a) The President, through any agency of the
Department of Defense designated by him, may
arm, have armed, or allow to be armed, any
watercraft or aircraft that is capable of being
used as a means of transportation on, over, or
under water, and is documented, registered, or
licensed under the laws of the United States.
(b) This section applies during a war and at
any other time when the President determines
that the security of the United States is threat-
ened by the application, or the imminent danger
of application, of physical force by any foreign
government or agency against the United
States, its citizens, the property of its citizens,
or their commercial interests.
(c) Section 16 of the Act of March 4, 1909 (22
U.S.C. 463) does not apply to vessels armed under
this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 16, § 351; Pub. L.
96–513, title V, § 511(12), Dec. 12, 1980, 94 Stat.
2921; renumbered § 261, Pub. L. 114–328, div. A,
title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
351(a) ......
50:481 (1st sentence, less
1st 7 words).
June 29, 1948, ch. 715, 62
Stat. 1095.
351(b) ......
50:481 (1st 7 words of 1st
sentence and 2d sen-
tence).
351(c) ......
50:481 (less 1st and 2d
sentences).
In subsection (a), the wording of the special defini-
tion of ‘‘vessel’’ and ‘‘American vessel’’, contained in
section 16 of the Neutrality Act of 1939, 54 Stat. 12 (22
U.S.C. 456), is substituted for the words ‘‘any American
vessel as defined in the Neutrality Act of 1939’’.
In subsection (b), the words ‘‘or national emergency’’
are omitted, since the words of the source statute de-
fining that term have been substituted for it.
In subsection (c), the words ‘‘(relating to bonds from
armed vessels on clearing)’’ are omitted as surplusage.
Editorial Notes
PRIOR PROVISIONS
A prior section 261 was renumbered section 241 of this
title.
Another prior section 261, act Aug. 10, 1956, ch. 1041,
70A Stat. 10, which named the reserve components of
the armed forces, was repealed 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 10101 and
10213 of this title.
Prior sections 262 to 265 were repealed 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.
Section 262, acts Aug. 10, 1956, ch. 1041, 70A Stat. 10;
Dec. 1, 1967, Pub. L. 90–168, § 2(5), 81 Stat. 521, related to
purpose of reserve components. See section 10102 of this
title.
Section 263, act Aug. 10, 1956, ch. 1041, 70A Stat. 11, re-
lated to basic policy for ordering Army National Guard
of the United States and Air National Guard of the
United States into Federal service. See section 10103 of
this title.
Section 264, acts Aug. 10, 1956, ch. 1041, 70A Stat. 11;
Dec. 1, 1967, Pub. L. 90–168, § 2(6), 81 Stat. 521; Nov. 19,
1969, Pub. L. 91–121, title III, § 303, 83 Stat. 206; Oct. 20,
1978, Pub. L. 95–485, title IV, § 406(a), 92 Stat. 1616; Oct.
19, 1984, Pub. L. 98–525, title XIV, § 1405(7)(A), (B), 98
Stat. 2622, authorized Secretaries of each armed force
to designate officers to be responsible for reserve af-
fairs and assigned responsibility for providing per-
sonnel and logistic support for reserves. See sections
10203 and 18501 of this title.
Section 265, act Aug. 10, 1956, ch. 1041, 70A Stat. 11, re-
lated to participation of reserve officers in preparation
and administration of policies and regulations affecting
reserve components. See section 10211 of this title.
Prior section 266 was renumbered section 12643 of this
title.
Prior sections 267 to 270 were repealed 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.
Section 267, act Aug. 10, 1956, ch. 1041, 70A Stat. 12, re-
lated to placement and status of members of Ready Re-
serve, Standby Reserve, and Retired Reserve. See sec-
tion 10141(a), (b) of this title.
Section 268, acts Aug. 10, 1956, ch. 1041, 70A Stat. 12;
Sept. 2, 1958, Pub. L. 85–861, § 1(3), 72 Stat. 1437; Dec. 1,
1967, Pub. L. 90–168, § 2(8), 81 Stat. 522; Oct. 12, 1982, Pub.
L. 97–295, § 1(5), 96 Stat. 1289, related to composition, or-
ganization, and structure of Ready Reserve. See sec-
tions 10142 and 10143 of this title.
Section 269, acts Aug. 10, 1956, ch. 1041, 70A Stat. 12;
Sept. 2, 1958, Pub. L. 85–861, § 1(4), 72 Stat. 1437; June 30,
1960, Pub. L. 86–559, § 1(2)(A), 74 Stat. 264; Dec. 1, 1967,
Pub. L. 90–168, § 2(9), 81 Stat. 522; Oct. 20, 1978, Pub. L.
95–485, title IV, § 405(a)(1), 92 Stat. 1615; Sept. 24, 1983,
Pub. L. 98–94, title X, § 1018, 97 Stat. 669; Sept. 29, 1988,
Pub. L. 100–456, div. A, title XII, § 1234(a)(1), 102 Stat.
2059, related to placement in and transfer from Ready
Reserve. See sections 10145 and 10146 of this title.
Section 270, added Pub. L. 85–861, § 1(5)(A), Sept. 2,
1958, 72 Stat. 1438; amended Pub. L. 87–378, § 2, Oct. 4,
1961, 75 Stat. 807; Pub. L. 88–110, § 4, Sept. 3, 1963, 77
Stat. 136; Pub. L. 90–168, § 2(10), Dec. 1, 1967, 81 Stat. 523;
Pub. L. 92–156, title III, § 303(a), Nov. 17, 1971, 85 Stat.
425; Pub. L. 96–513, title V, § 511(7), Dec. 12, 1980, 94 Stat.
2920; Pub. L. 100–456, div. A, title XII, § 1234(a)(2), Sept.
29, 1988, 102 Stat. 2059; Pub. L. 101–189, div. A, title V,
§ 501(b), Nov. 29, 1989, 103 Stat. 1435, related to training
requirements of Ready Reserve. See sections 10147 and
10148 of this title.
AMENDMENTS
2016—Pub. L. 114–328 renumbered section 351 of this
title as this section.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “United States”, when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States, the Canal Zone, and the District of Columbia.
**(b)** The term “person” includes a partnership, company, association, or corporation, as well as a natural person.
**(c)** The term “vessel” means every description of watercraft and aircraft capable of being used as a means of transportation on, under, or over water.
**(d)** The term “American vessel” means any vessel documented, and any aircraft registered or licensed, under the laws of the United States.
**(e)** The term “state” shall include nation, government, and country.
**(f)** The term “citizen” shall include any individual owing allegiance to the United States, a partnership, company, or association composed in whole or in part of citizens of the United States, and any corporation organized and existing under the laws of the United States as defined in subsection (a) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
Page 299
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 456
1 See References in Text note below.
may, while such proclamation is in effect, re-
quire the owner, master, or person in command
of any vessel, foreign or domestic, before depart-
ing from the United States, to give a bond to the
United States, with sufficient sureties, in such
amount as he shall deem proper, conditioned
that no alien seaman who arrived on such vessel
shall remain in the United States for a longer
period than that permitted under the regula-
tions, as amended from time to time, issued pur-
suant to section 168 1 of title 8. Notwithstanding
the provisions of said section 168 1 of title 8, the
President may issue such regulations with re-
spect to the landing of such seamen as he deems
necessary to insure their departure either on
such vessel or another vessel at the expense of
such owner, master, or person in command.
(Nov. 4, 1939, ch. 2, § 10, 54 Stat. 9.)
Editorial Notes
REFERENCES IN TEXT
Section 168 of title 8, referred to in subsec. (c), was re-
pealed by act June 27, 1952, ch. 477, § 403(a)(13), 66 Stat.
279. See section 1286 of Title 8, Aliens and Nationality.
CODIFICATION
In subsec. (a), ‘‘section 967 of title 18’’ substituted for
‘‘section 1, title V, chapter 30, of the Act approved June
15, 1917 (40 Stat. 217, 221; U.S.C., 1934 edition, title 18,
sec. 31)’’ on authority of act June 25, 1948, ch. 645, 62
Stat. 863, section 1 of which enacted Title 18, Crimes
and Criminal Procedure.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation to Secretary of Homeland Security of
authority vested in President by subsecs. (a) and (b) of
this section, see sections 1(n) and 1(o) of Ex. Ord. No.
10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as
a note unde
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Federal law — U.S. Code and appendices · legal_authorities
The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.
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Federal law — U.S. Code and appendices · legal_authorities
Page 301
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 465
Act June 15, 1917, inserted provisions relating to de-
tention of vessels.
PRIOR PROVISIONS
Section was derived from R.S. § 5288 (act Apr. 20, 1818,
ch. 88, § 9, 3 Stat. 449), which was repealed by act Mar.
4, 1909, ch. 321, § 341, 35 Stat. 1153.
§ 463. Bonds from armed vessels on clearing
The owners or consignees of every armed ves-
sel sailing out of the ports of, or under the juris-
diction of, the United States, belonging wholly
or in part to citizens thereof, shall, before clear-
ing out the same, give bond to the United
States, with sufficient sureties, in double the
amount of the value of the vessel and cargo on
board, including her armament, conditioned
that the vessel shall not be employed by such
owners to cruise or commit hostilities against
the subjects, citizens, or property of any foreign
prince or state, or of any colony, district, or
people, with whom the United States are at
peace.
(Mar. 4, 1909, ch. 321, § 16, 35 Stat. 1091.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 28 of title
18 prior to the general revision and enactment of Title
18, Crimes and Criminal Procedure, by act June 25, 1948,
ch. 645, § 1, 62 Stat. 683.
PRIOR PROVISIONS
Section was derived from R.S. § 5289 (act Apr. 20, 1818,
ch. 88, § 10, 3 Stat. 449), which was repealed by act Mar.
4, 1909, ch. 321, § 341, 35 Stat. 1153.
§ 464. Detention by collectors of customs
The several collectors of the customs shall de-
tain any vessel manifestly built for warlike pur-
poses, and about to depart the United States, or
any place subject to the jurisdiction thereof, the
cargo of which principally consists of arms and
munitions of war, when the number of men
shipped on board, or othe
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