US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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 threatened 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, 190922 U.S.C. 463 () does not apply to vessels armed under this section.

Aug. 10, 1956, ch. 104170A Stat. 16Pub. L. 96–513, title V, § 511(12)94 Stat. 2921Pub. L. 114–328, div. A, title XII, § 1241(a)(2)130 Stat. 2497(, , § 351; , , ; renumbered § 261, , , .)

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 sentence).

351(c)

50:481 (less 1st and 2d sentences).

54 Stat. 1222 U.S.C. 456In subsection (a), the wording of the special definition of “vessel” and “American vessel”, contained in section 16 of the Neutrality Act of 1939, (), 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 defining 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

section 241 of this titleA prior section 261 was renumbered .

act Aug. 10, 1956, ch. 104170A Stat. 10Pub. L. 103–337, div. A, title XVI108 Stat. 2979Another prior section 261, , , which named the reserve components of the armed forces, was repealed by , §§ 1661(a)(2)(A), 1691, , , 3026, effective . See sections 10101 and 10213 of this title.

Pub. L. 103–337, div. A, title XVI108 Stat. 2979Prior sections 262 to 265 were repealed by , §§ 1661(a)(2)(A), 1691, , , 3026, effective .

Aug. 10, 1956, ch. 104170A Stat. 10Pub. L. 90–168, § 2(5)81 Stat. 521section 10102 of this titleSection 262, acts , ; , , , related to purpose of reserve components. See .

act Aug. 10, 1956, ch. 104170A Stat. 11section 10103 of this titleSection 263, , , related to basic policy for ordering Army National Guard of the United States and Air National Guard of the United States into Federal service. See .

Aug. 10, 1956, ch. 104170A Stat. 11Pub. L. 90–168, § 2(6)81 Stat. 521Pub. L. 91–121, title III, § 30383 Stat. 206Pub. L. 95–485, title IV, § 406(a)92 Stat. 1616Pub. L. 98–525, title XIV, § 1405(7)(A)98 Stat. 2622Section 264, acts , ; , , ; , , ; , , ; , , (B), , authorized Secretaries of each armed force to designate officers to be responsible for reserve affairs and assigned responsibility for providing personnel and logistic support for reserves. See sections 10203 and 18501 of this title.

act Aug. 10, 1956, ch. 104170A Stat. 11section 10211 of this titleSection 265, , , related to participation of reserve officers in preparation and administration of policies and regulations affecting reserve components. See .

section 12643 of this titlePrior section 266 was renumbered .

Pub. L. 103–337, div. A, title XVI108 Stat. 2979Prior sections 267 to 270 were repealed by , §§ 1661(a)(2)(A), 1691, , , 3026, effective .

act Aug. 10, 1956, ch. 104170A Stat. 12Section 267, , , related to placement and status of members of Ready Reserve, Standby Reserve, and Retired Reserve. See section 10141(a), (b) of this title.

Aug. 10, 1956, ch. 104170A Stat. 12Pub. L. 85–861, § 1(3)72 Stat. 1437Pub. L. 90–168, § 2(8)81 Stat. 522Pub. L. 97–295, § 1(5)96 Stat. 1289Section 268, acts , ; , , ; , , ; , , , related to composition, organization, and structure of Ready Reserve. See sections 10142 and 10143 of this title.

Aug. 10, 1956, ch. 104170A Stat. 12Pub. L. 85–861, § 1(4)72 Stat. 1437Pub. L. 86–559, § 1(2)(A)74 Stat. 264Pub. L. 90–168, § 2(9)81 Stat. 522Pub. L. 95–485, title IV, § 405(a)(1)92 Stat. 1615Pub. L. 98–94, title X, § 101897 Stat. 669Pub. L. 100–456, div. A, title XII, § 1234(a)(1)102 Stat. 2059Section 269, acts , ; , , ; , , ; , , ; , , ; , , ; , , , related to placement in and transfer from Ready Reserve. See sections 10145 and 10146 of this title.

Pub. L. 85–861, § 1(5)(A)72 Stat. 1438Pub. L. 87–378, § 275 Stat. 807Pub. L. 88–110, § 477 Stat. 136Pub. L. 90–168, § 2(10)81 Stat. 523Pub. L. 92–156, title III, § 303(a)85 Stat. 425Pub. L. 96–513, title V, § 511(7)94 Stat. 2920Pub. L. 100–456, div. A, title XII, § 1234(a)(2)102 Stat. 2059Pub. L. 101–189, div. A, title V, § 501(b)103 Stat. 1435Section 270, added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , , related to training requirements of Ready Reserve. See sections 10147 and 10148 of this title.

Amendments

Pub. L. 114–328section 351 of this title2016— renumbered as this section.

Pub. L. 96–513Section 16 of the Act of March 4, 190922 U.S.C. 463Section 463 of title 221980—Subsec. (c). substituted “ ()” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .