Title 10, Chapter 41
Armed Forces — 9 active sections, 4 inactive
Table of Contents (13 sections)
- § 711 Senior members of Military Staff Committee of United Nations: appointment
- § 711a American National Red Cross: detail of commissioned officers
- § 712 Foreign governments: detail to assist
- § 713 State Department: assignment or detail as couriers and building inspectors
- § 714 Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States
- § 715 Attending Physician to the Congress: grade
- § 716 Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service
- § 717 Members of the armed forces: participation in international sports
- § 718 Repealed. Pub. L. 99–433, title I, § 110(a)(1) , Oct. 1, 1986 , 100 Stat. 1001 ]
- § 719 Department of Commerce: assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration
- § 720 Repealed. Pub. L. 114–328, div. A, title V, § 502(g)(1) , Dec. 23, 2016 , 130 Stat. 2103 ]
- § 721 Repealed. Pub. L. 111–84, div. A, title V, § 502(i)(1) , Oct. 28, 2009 , 123 Stat. 2276 ]
- § 722 Repealed. Pub. L. 114–328, div. A, title V, § 502(h)(1) , Dec. 23, 2016 , 130 Stat. 2103 ]
§ 711. Senior members of Military Staff Committee of United Nations: appointment
The President, by and with the advice and consent of the Senate, may appoint an officer of the Army, an officer of the Navy or the Marine Corps, and an officer of the Air Force, as senior members of the Military Staff Committee of the United Nations.
§ 711a. American National Red Cross: detail of commissioned officers
Commissioned officers of the Army, Navy, and Air Force may be detailed for duty with the American National Red Cross, by the Secretary of the military department concerned, as follows:
- (1) for duty with the Service to the Armed Forces Division—
- (A) one or more officers of the Army Medical Department;
- (B) one or more officers of the Medical Department of the Navy; and
- (C) one or more officers selected from among medical officers, dental officers, veterinary officers, medical service officers, nurses, and medical specialists of the Air Force; and
- (2) to be in charge of the first-aid department—
- (A) an officer of the Medical Corps of the Army;
- (B) an officer of the Medical Corps of the Navy; or
- (C) a medical officer of the Air Force.
§ 712. Foreign governments: detail to assist
- (a) Upon the application of the country concerned, the President, whenever he considers it in the public interest, may detail members of the Army, Navy, Air Force, and Marine Corps to assist in military matters—
- (1) any republic in North America, Central America, or South America;
- (2) the Republic of Cuba, Haiti, or Santo Domingo; and
- (3) during a war or a declared national emergency, any other country that he considers it advisable to assist in the interest of national defense.
- (b) Subject to the prior approval of the Secretary of the military department concerned, a member detailed under this section may accept any office from the country to which he is detailed. He is entitled to credit for all service while so detailed, as if serving with the armed forces of the United States. Arrangements may be made by the President, with countries to which such members are detailed to perform functions under this section, for reimbursement to the United States or other sharing of the cost of performing such functions.
§ 713. State Department: assignment or detail as couriers and building inspectors
- (a) Upon the request of the Secretary of State, the Secretary of a military department may assign or detail members of the armed forces under his jurisdiction for duty—
- (1) as inspectors of buildings owned or occupied abroad by the United States;
- (2) as inspectors or supervisors of buildings under construction or repair abroad by or for the United States; and
- (3) as couriers of the Department of State.
- (b) The Secretary concerned may assign or detail a member for duty under subsection (a) with or without reimbursement from the Department of State. However, a member so assigned or detailed may be paid the traveling expenses authorized for officers of the Foreign Service of the United States. These expenses shall be paid from appropriations of the Department of State.
§ 714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States
- (a) The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to the following persons who, by nature of their positions, require continuous security and protection:
- (1) Secretary of Defense.
- (2) Deputy Secretary of Defense.
- (3) Chairman of the Joint Chiefs of Staff.
- (4) Vice Chairman of the Joint Chiefs of Staff.
- (5) Secretaries of the military departments.
- (6) Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman.
- (7) Commanders of combatant commands.
- (b)
- (1) The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protection and security are necessary because—
- (A) there is an imminent and credible threat to the safety of the individual for whom protection is to be provided; or
- (B) compelling operational considerations make such protection essential to the conduct of official Department of Defense business.
- (2) Individuals authorized to receive physical protection and personal security under this subsection include the following:
- (A) Any official or employee of the Department of Defense or member of the armed forces.
- (B) A former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for a period of up to two years beginning on the date on which the official separates from the Department.
- (C) A head of a foreign state, an official representative of a foreign government, or any other distinguished foreign visitor to the United States who is primarily conducting official business with the Department of Defense.
- (D) Any member of the immediate family of a person authorized to receive physical protection and personal security under this section.
- (E) An individual who has been designated by the President, and who has received the advice and consent of the Senate, to serve as Secretary of Defense, but who has not yet been appointed as Secretary of Defense.
- (3) The authority of the Secretary of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy Secretary of Defense.
- (4) A determination of the Secretary of Defense to provide physical protection and personal security under this subsection shall be in writing, shall be based on a threat assessment by an appropriate law enforcement, security, or intelligence organization, and shall include the name and title of the officer, employee, or other individual affected, the reason for such determination, the duration of the authorized protection and security for such officer, employee, or individual, and the nature of the arrangements for the protection and security.
- (5)
- (A) After making a written determination under paragraph (4), the Secretary of Defense may provide protection and security to an individual under this subsection for an initial period of not more than 90 calendar days.
- (B) If, at the end of the period that protection and security is provided to an individual under subsection (A), the Secretary determines that a condition described in subparagraph (A) or (B) of paragraph (1) continues to exist with respect to the individual, the Secretary may extend the period that such protection and security is provided for additional 60-day periods. The Secretary shall review such a determination at the end of each 60-day period to determine whether to continue to provide such protection and security.
- (C) Protection and personal security provided under subparagraph (B) shall be provided in accordance with the regulations and guidelines referred to in paragraph (1).
- (6)
- (A) Except as provided in subparagraph (D), the Secretary of Defense shall submit to the congressional defense committees each determination made under paragraph (4) to provide protection and security to an individual and of each determination under paragraph (5)(B) to extend such protection and security, together with the justification for such determination, not later than 15 days after the date on which the determination is made.
- (B) A report submitted under subparagraph (A) may be made in classified form.
- (C) The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to paragraph (1) not less than 20 days before the date on which such regulations take effect.
- (D) Subparagraph (A) does not apply to determinations made with respect to the following individuals:
- (i) An individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff.
- (ii) An individual described in paragraph (2)(E).
- (1) The Secretary of Defense, under regulations prescribed by the Secretary and in accordance with guidelines approved by the Secretary and the Attorney General, may authorize qualified members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal security within the United States to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protection and security are necessary because—
- (c) In this section, the terms “qualified members of the armed forces” and “qualified civilian employees of the Department of Defense” refer collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following:
- (1) The Army Criminal Investigation Command.
- (2) The Naval Criminal Investigative Service.
- (3) The Air Force Office of Special Investigations.
- (4) The Defense Criminal Investigative Service.
- (5) The Pentagon Force Protection Agency.
- (d)
- (1) Other than the authority to provide protection and security under this section, nothing in this section may be construed to bestow any additional law enforcement or arrest authority upon the qualified members of the armed forces and qualified civilian employees of the Department of Defense.
- (2) Nothing in this section shall be construed to abridge section 1385 of title 18 .
- (3) Nothing in this section may be construed to preclude or limit, in any way, the express or implied powers of the Secretary of Defense or other Department of Defense officials, or the duties and authorities of the Secretary of State, the Director of the United States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency.
§ 715. Attending Physician to the Congress: grade
A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).
§ 716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service
- (a) Notwithstanding any other provision of law, the President, within authorized strengths and with the consent of the officer involved, may transfer any commissioned officer of a uniformed service from his uniformed service to, and appoint him in, another uniformed service. The Secretary of Defense, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Health and Human Services shall jointly establish, by regulations approved by the President, policies and procedures for such transfers and appointments.
- (b) An officer transferred under this section may not be assigned precedence or relative rank higher than that which he held on the day before the transfer.
§ 717. Members of the armed forces: participation in international sports
- (a) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may permit members of the armed forces under his jurisdiction to train for, attend, and participate in any of the following sports competitions:
- (1) The Pan-American Games and the Olympic Games, and qualifying events and preparatory competition for those games.
- (2) The Paralympic Games, if eligible to participate in those games, and qualifying events and preparatory competition for those games.
- (3) Any other international competition in amateur sports, if the Secretary of State determines that the interests of the United States will be served by participation in that competition, and qualifying events and preparatory competition for that competition.
- (b) Subject to subsections (c) and (d), the Secretary of Defense or the Secretary of Homeland Security, as the case may be, may spend such funds, and acquire and use such supplies, as he determines to be necessary to provide for—
- (1) the training of members of the armed forces for the competitions covered by subsection (a);
- (2) their attendance at and participation in those competitions; and
- (3) the training of animals of the armed forces for, and their attendance at and participation in, those competitions.
- (c)
- (1) Not more than $3,000,000, to be apportioned among the military departments as the Secretary of Defense prescribes, may be spent during each successive four-year period beginning on October 1, 1980 , for the participation of members of the Army, Navy, Air Force, and Marine Corps in the competitions covered by subsection (a).
- (2) Not more than $100,000 may be spent during each successive four-year period beginning on October 1, 1980 , for the participation of members of the Coast Guard in the competitions covered by subsection (a).
- (d) Appropriations available to the Department of Defense or to the Department of Homeland Security, as the case may be, may be used to carry out this section.
§ 718. Repealed. Pub. L. 99–433, title I, § 110(a)(1) , Oct. 1, 1986 , 100 Stat. 1001 ]
[§ 718. Repealed. Pub. L. 99–433, title I, § 110(a)(1) , Oct. 1, 1986 , 100 Stat. 1001 ]
§ 719. Department of Commerce: assignment or detail of members of the armed forces to National Oceanic and Atmospheric Administration
Upon the request of the Secretary of Commerce, the Secretary of a military department may assign or detail members of the armed forces under his jurisdiction for duty in the National Oceanic and Atmospheric Administration, Department of Commerce, with reimbursement from the Department of Commerce. Notwithstanding any other provision of law, a member so assigned or detailed may exercise the functions, and assume the title, of any position in that Administration without affecting his status as a member of an armed force, but he is not entitled to the compensation fixed for that position.