§ 253. Interference with State and Federal law

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333 · 70A Stat. 15

   Enacted · 10 U.S.C. § 253

   Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 333

2. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title X § 1076(a)(1) · 120 Stat. 2083

   1. Amended · 10 U.S.C. § 253

      Pub. L. 109–364 amended section catchline and text generally

   2. Substituted · 10 U.S.C. § 253

      Pub. L. 109–364 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) In general.— Section 333 of title 10, United States Code, is amended to read as follows: “§ 333. Major public emergencies; interference with State and Federal law “(a) Use of Armed Forces in Major Public Emergencies.— (1) The President may employ the armed forces, including the National Guard in Federal service, to— “(A) restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that— “(i) domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order; and “(ii) such violence results in a condition described in paragraph (2); or “(B) suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition described in paragraph (2). “(2) A condition described in this paragraph is a condition that— “(A) so hinders the execution of the laws of a State or possession, as applicable, and of the United States within that State or possession, 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 or possession are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or “(B) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. “(3) In any situation covered by paragraph (1)(B), the State shall be considered to have denied the equal protection of the laws secured by the Constitution. “(b) Notice to Congress.— The President shall notify Congress of the determination to exercise the authority in subsection (a)(1)(A) as soon as practicable after the determination and every 14 days thereafter during the duration of the exercise of that authority.” .

3. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title X § 1068(a)(1) · 122 Stat. 3

   1. Amended · 10 U.S.C. § 253

      Pub. L. 110–181 amended section generally

   2. Substituted · 10 U.S.C. § 253

      Pub. L. 110–181 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (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.” .

   Effective date note
   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].”

4. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XII § 1241(a)(2) · 130 Stat. 2000

   Changed · 10 U.S.C. § 253

   Pub. L. 114–328 renumbered section 333 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 114–328 renumbered section 333 of this title as this section.

   Enacted provision · exact public law section
   (2) by redesignating sections 261, 311, 312, 331, 332, 333, 334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, and 384 (as added by section 1011 of this Act) as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284, respectively; and

5 of 6 references resolved to an enrolled provision · 1 partial