References in Text
Section 376 of this title, referred to in subsecs. (e) and (g)(2), was renumbered section 276 of this title by [Pub. L. 114–328, div. A, title XII, § 1241(a)(2)], Dec. 23, 2016, [130 Stat. 2497].
Section 1206(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991, referred to subsec. (f), is [section 1206(a) of Pub. L. 101–189], which is set out as a note under section 124 of this title.
Section 375, referred to in subsec. (g)(2), was renumbered section 275 of this title by [Pub. L. 114–328, div. A, title XII, § 1241(a)(2)], Dec. 23, 2016, [130 Stat. 2497].
Section 1033 of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (h)(1)(A)(vi)(VI), is [section 1033 of Pub. L. 105–85], div. A, title X, Nov. 18, 1997, [111 Stat. 1881], which is not classified to the Code.
Amendments
2023—Subsec. (b)(9). [Pub. L. 118–31, § 1010], substituted “linguist, intelligence analysis, and planning” for “linguist and intelligence analysis”.
Subsec. (i)(3). [Pub. L. 118–31, § 1011], substituted “$1,000,000” for “$750,000”.
2021—Subsec. (h)(3). [Pub. L. 116–283] added par. (3).
2019—Subsec. (e). [Pub. L. 116–92, § 1731(a)(14)(A)], substituted “section 276” for “section 376”.
Subsec. (f). [Pub. L. 116–92, § 1731(a)(14)(B)], inserted second closing parenthesis after “[103 Stat. 1564])”.
Subsec. (g)(2). [Pub. L. 116–92, § 1731(a)(14)(C)], substituted “section 275” for “section 375”.
[Pub. L. 116–92, § 1731(a)(14)(A)], substituted “section 276” for “section 376”.
Subsec. (h)(1)(A)(vi)(VI). [Pub. L. 116–92, § 1731(a)(14)(D)], struck out “section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) and” after “authorized by”.
2016—[Pub. L. 114–328, § 1241(a)(2)], renumbered section 384 of this title as this section.
Statutory Notes and Related Subsidiaries
Cooperation With Mexico
[Pub. L. 118–31, div. A, title X, § 1013(b)], Dec. 22, 2023, [137 Stat. 381], provided that: “The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl.”
Department of Defense Authority To Provide Assistance To Secure the Southern Land Border of the United States
[Pub. L. 114–92, div. A, title X, § 1059], Nov. 25, 2015, [129 Stat. 986], as amended by [Pub. L. 116–283, div. A, title X, § 1056(a)], (b), Jan. 1, 2021, [134 Stat. 3855], provided that:“(a)
Authority.—
“(1)
Provision of assistance.—
“(A)
In general.—
The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.
“(B)
Requirements.—
If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure that the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirements.
“(2)
Notification requirement.—
Not later than 7 days after the date on which the Secretary approves a request for assistance from the Department of Homeland Security under paragraph (1), the Secretary shall electronically transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such approval.
“(b)
Concurrence in Assistance.—
Assistance under subsection (a) shall be provided with the concurrence of the Secretary of Homeland Security.
“(c)
Types of Assistance Authorized.—
The assistance provided under subsection (a) may include the following:
“(1)
Deployment of members and units of the regular and reserve components of the Armed Forces to the southern land border of the United States.
“(2)
Deployment of manned aircraft, unmanned aerial surveillance systems, and ground-based surveillance systems to support continuous surveillance of the southern land border of the United States.
“(3)
Intelligence analysis support.
“(d)
Materiel and Logistical Support.—
The Secretary of Defense is authorized to deploy such materiel and equipment and logistics support as is necessary to ensure the effectiveness of assistance provided under subsection (a).
“(e)
Funding.—
Of the amounts authorized to be appropriated for the Department of Defense by this Act [see Tables for classification], the Secretary of Defense may use up to $75,000,000 to provide assistance under subsection (a).
“(f)
Reports.—
“(1)
Report required.—
At the end of each three-month period during which assistance is provided under subsection (a), the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes, for the period covered by the report, each of the following:
“(A)
A description of the assistance provided.
“(B)
A description of the Armed Forces, including the reserve components, deployed as part of such assistance, including an identification of—
“(i)
the members of the Armed Forces, including members of the reserve components, deployed, including specific information about unit designation, size of unit, and whether any personnel in the unit deployed under
section 12302 of title 10, United States Code;
“(ii)
the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment;
“(iii)
any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components;
“(iv)
the specific missions and tasks, by location, that are assigned to the members of the Armed Forces, including members of the reserve components, who are so deployed; and
“(v)
the locations where units so deployed are conducting their assigned mission, together with a map showing such locations.
“(C)
A description of any effects of such deployment on military training, operations, readiness, or other military requirements.
“(D)
The sources and amounts of funds obligated or expended—
“(i)
during the period covered by the report; and
“(ii)
during the total period for which such support has been provided.
“(2)
Form of report.—
Each report submitted under this subsection shall be submitted in unclassified form, but may include a classified annex.”
[[Pub. L. 116–283, div. A, title X, § 1056(c)], Jan. 1, 2021, [134 Stat. 3856], provided that: “The Law Revision Counsel is directed to move section 1059 of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92]; [129 Stat. 986]; 10 U.S.C. 271 note prec.), as amended by this section, to a note following section 284 of title 10, United States Code.”]
Ex. Ord. No. 14167. Clarifying the Military’s Role in Protecting the Territorial Integrity of the United States
Ex. Ord. No. 14167, Jan. 20, 2025, 90 F.R. 8613, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. (a) As Chief Executive and as Commander in Chief of the Armed Forces of the United States, I have no more solemn responsibility than protecting the sovereignty and territorial integrity of the United States along our national borders. The protection of a nation’s territorial integrity and national boundaries is paramount for its security.
(b) The Armed Forces of the United States have played a long and well-established role in securing our borders against threats of invasion, against unlawful forays by foreign nationals into the United States, and against other transnational criminal activities that violate our laws and threaten the peace, harmony, and tranquility of the Nation. These threats have taken a variety of forms over our Nation’s history, but the Armed Forces have consistently played an integral role in protecting the sovereignty of the United States.
(c) Threats against our Nation’s sovereignty continue today, and it is essential that the Armed Forces staunchly continue to participate in the defense of our territorial integrity and sovereignty. A National Emergency currently exists along the southern border of the United States. Unchecked unlawful mass migration and the unimpeded flow of opiates across our borders continue to endanger the safety and security of the American people and encourage further lawlessness. Accordingly, through this order, I am acting in accordance with my solemn duty to protect and defend the sovereignty and territorial integrity of the United States along our national borders.
Sec. 2. Policy. It is the policy of the United States to ensure that the Armed Forces of the United States prioritize the protection of the sovereignty and territorial integrity of the United States along our national borders.
Sec. 3. Implementation. The Secretary of Defense shall:
(a) No later than 10 days from the effective date of this order [Jan. 20, 2025], deliver to the President a revision to the Unified Command Plan that assigns United States Northern Command (USNORTHCOM) the mission to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.
(b) On the effective date of this order, add the following requirements to the Contingency Planning Guidance and Guidance for the Employment of the Force:
(i) A Level 3 planning requirement for USNORTHCOM to seal the borders and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities, with a commander’s estimate due to the Secretary of Defense within 30 days of the effective date of this order.
(ii) A campaign planning requirement for USNORTHCOM to provide steady-state southern border security, seal the border, and maintain the sovereignty, territorial integrity, and security of the United States by repelling forms of invasion, including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.
(iii) Continuous assessments of all available options to protect the sovereign territory of the United States from mass unlawful entry and impingement on our national sovereignty and security by foreign nations and transnational criminal organizations.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.