CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
Title 10 > CHAPTER 41
Sections (14)
§ 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 or the Space Force, as senior members of the Military Staff Committee of the United Nations. ( Aug. 10, 1956, ch. 1041 , 70A Stat. 32 ; Pub. L. 114–328, div. A, title V, § 502(f) , Dec. 23, 2016 , 130 Stat. 2103 ; Pub. L. 116–283, div. A, title IX, § 924(b)(19) , Jan. 1, 2021 , 134 Stat. 3823 .)
§ 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: for duty with the Service to the Armed Forces Division— one or more officers of the Army Medical Department; one or more officers of the Medical Department of the Navy; and 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 to be in charge of the first-aid department— an officer of the Medical Corps of the Army; an officer of the Medical Corps of the Navy; or a medical officer of the Air Force. (Added Pub. L. 90–235, § 4(a)(1)(A) , Jan. 2, 1968 , 81 Stat. 759 ; amended Pub. L. 90–329 , June 4, 1968 , 82 Stat. 170 ; Pub. L. 96–513, title V, § 511(21) , Dec. 12, 1980 , 94 Stat. 2921 .)
§ 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, Marine Corps, and Space Force to assist in military matters— any republic in North America, Central America, or South America; the Republic of Cuba, Haiti, or Santo Domingo; and 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— as inspectors of buildings owned or occupied abroad by the United States; as inspectors or supervisors of buildings under construction or repair abroad by or for the United States; and 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
(a) Protection for Department Leadership.— 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 to the following persons who, by nature of their positions, require continuous security and protection: Secretary of Defense. Deputy Secretary of Defense. Chairman of the Joint Chiefs of Staff. Vice Chairman of the Joint Chiefs of Staff. Secretaries of the military departments. Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman. Commanders of combatant commands.
(b) Protection for Former or Retired Department Leadership.— 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 to a former or retired official who— previously served in a position identified in paragraphs (1) through (7) 1 ; and faces serious and credible threats arising from duties performed while employed by the Department of Defense.
(c) Protection for Additional Personnel.— 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 to individuals other than individuals described in subsection (a) or (b) if the Secretary determines that such protection and security are necessary because— there is a serious and credible threat to the safety of the individual for whom protection is to be provided; or compelling operational considerations make such protection essential to the conduct of official Department of Defense business. Individuals authorized to receive physical protection and personal security under this subsection include the following: Any official or employee of the Department of Defense or member of the armed forces. A former or retired official who faces serious and credible threats arising from duties performed while employed by the Department. 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. Any member of the immediate family of a person authorized to receive physical protection and personal security under this section. 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. 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 or the Under Secretary of Defense for Intelligence and Security. The Secretary of Defense may temporarily provide physical protection and personal security under this subsection to an individual— pending the determination of the Secretary under paragraph (4) regarding such individual; and for a period not to exceed 30 days.
(d) Requirement for Written Determination.— A determination of the Secretary of Defense whether to provide physical protection and personal security under subsection (b) or (c), or reimbursement under subsection (h), 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 any authorized protection and security for such officer, employee, or individual, and the nature of any arrangements for such protection and security.
(e) Duration of Protection.— The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under subsection (b) or (c).
(f) Submissions to Congress.— Except as provided in paragraph (4), the Secretary of Defense shall submit to the congressional defense committee determinations made pursuant to this section as follows: An initial determination made under subsection (d), not later than 15 days after the date on which the determination is made, including the justification for such determination and a current threat assessment by an appropriate law enforcement, security, or intelligence organization. A determination to deny the renewal of physical protection and security under subsection (b) or (c), or reimbursement under subsection (j), not later than 15 days after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without physical protection and security or reimbursement. A determination to terminate physical protection and security under subsection (b) or (c), or reimbursement under subsection (j), during a previously authorized period of protection, not later than 48 hours after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without protection and security or reimbursement. A determination to deny a request for reimbursement of an individual described in subsection (b), not later than 15 days after the date on which the determination is made, including— the justification for such determination; a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without reimbursement. A report submitted under paragraph (1) may be made in classified form. The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to subsections (b) and (c)(1), and a description of any changes to such guidelines, not less than 20 days before the date on which such regulations take effect. Paragraph (1) does not apply to determinations made with respect to the following individuals: An individual described in subsection (c)(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. An individual described in subsection (c)(2)(E).
(g) Notification to Certain Protected Personnel.— The Secretary of Defense shall provide written notification to any individual receiving physical protection and personal security under subsection (a) or (b), or reimbursement under subsection (j), at least 90 days prior to terminating or denying the renewal of protection and security protection or reimbursement, as the case may be, for such individual.
(h) Definitions.— 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: The Army Criminal Investigation Command. The Naval Criminal Investigative Service. The Air Force Office of Special Investigations. The Defense Criminal Investigative Service. The Pentagon Force Protection Agency.
(i) Construction.— 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. Nothing in this section shall be construed to abridge section 1385 of title 18 . 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.
(j) Reimbursement.— The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.
§ 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). (Added Pub. L. 115–232, div. A, title V, § 508(a) , Aug. 13, 2018 , 132 Stat. 1749 .)
§ 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: The Pan-American Games and the Olympic Games, and qualifying events and preparatory competition for those games. The Paralympic Games, if eligible to participate in those games, and qualifying events and preparatory competition for those games. 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— the training of members of the armed forces for the competitions covered by subsection (a); their attendance at and participation in those competitions; and the training of animals of the armed forces for, and their attendance at and participation in, those competitions.
(c) 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]
§ 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. (Added Pub. L. 89–683, § 1(1) , Oct. 15, 1966 , 80 Stat. 960 ; amended Pub. L. 96–513, title I, § 511(23)(A) , (B), Dec. 12, 1980 , 94 Stat. 2921 .)
[§ 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]
§ 723 Support of civil authorities: requirement for use of members of the Armed Forces and Federal law enforcement personnel
(a) Response to Civil Disturbances.— Whenever a member of the armed forces (including the National Guard) or Federal law enforcement personnel provide support to Federal authorities to respond to a civil disturbance, each individual employed in the capacity of providing such support shall visibly display— the individual’s name or other individual identifier that is unique to that individual; and the name of the armed force, Federal entity, or other organization by which such individual is employed.
(b) Support to Civilian Law Enforcement Agencies by Members of the Armed Forces.— Whenever a member of the armed forces (including the National Guard) provides support to civilian law enforcement agencies, each such member providing such support shall visibly display the name of the armed force in which such member operates.
(c) Exception.— The requirements under subsections (a) and (b) shall not apply to individuals referred to in any such subsection who— do not wear a uniform or other distinguishing clothing or equipment in the regular performance of their official duties; or are engaged in undercover operations in the regular performance of their official duties.