10 U.S.C. § 714 — Senior leaders of the Department of De-

Page 679 TITLE 10—ARMED FORCES § 714 1 See Temporary Extension of Authority To Provide Security for Former Department of Defense Officials note below. are also omitted from the revised section, since Procla- mation No. 2695, effective July 4, 1946, 60 Stat. 1352 (48 U.S.C. 1240 (note)), proclaimed the independence of the Philippine Islands. Similar provisions relating to the Philippines are now contained in section 5 of the Act of June 26, 1946, ch. 500, 60 Stat. 315. The word ‘‘members’’ is substituted for the words ‘‘officers and enlisted men’’, in 10:540 and 34:441a. In subsection (b), the words ‘‘entitled to credit for all service’’ are substituted for the words ‘‘and shall be al- lowed the same credit for longevity, retirement, and for all other purposes’’, in 10:540 and 34:441a. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Marine Corps’’ in in- troductory provisions. 1958—Subsec. (b). Pub. L. 85–477 struck out provisions which authorized members of the armed forces to ac- cept compensation or emoluments from countries to which they are detailed, and inserted provisions per- mitting arrangements for reimbursement or other shar- ing of cost. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–477, ch. V, § 502(k), June 30, 1958, 72 Stat. 275, provided that the amendment made by that section is effective nine months after June 30, 1958. § 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 as- sign or detail members of the armed forces under his jurisdiction for duty— (1) as inspectors of buildings owned or occu- pied 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 de- tail a member for duty under subsection (a) with or without reimbursement from the Department of State. However, a member so assigned or de- tailed may be paid the traveling expenses au- thorized for officers of the Foreign Service of the United States. These expenses shall be paid from appropriations of the Department of State. (Aug. 10, 1956, ch. 1041, 70A Stat. 33.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 713(a) ...... 22:956 (words before semi- colon of 1st sentence). Aug. 13, 1946, ch. 957, § 561, 60 Stat. 1011. 713(b) ...... 22:956 (less words before semicolon of 1st sen- tence). In subsection (a), the words ‘‘members of the armed forces under his jurisdiction’’ are substituted for the words ‘‘military and naval personnel serving under their supervision’’. In subsection (b), the words ‘‘The Secretary con- cerned may’’ are substituted for the words ‘‘in the dis- cretion of the head of the department concerned’’. § 714. Senior leaders of the Department of De- fense and other specified persons: authority to provide protection (a) PROTECTION FOR DEPARTMENT LEADER- SHIP.—The Secretary of Defense, under regula- tions prescribed by the Secretary and in accord- ance with guidelines approved by the Secretary and the Attorney General, may authorize quali- fied members of the armed forces and qualified civilian employees of the Department of Defense to provide physical protection and personal se- curity 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 PROTECTION FOR ADDITIONAL PERSONNEL.— (1) AUTHORITY TO PROVIDE.—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 em- ployees of the Department of Defense to pro- vide physical protection and personal security to individuals other than individuals described in paragraphs (1) through (7) of subsection (a) if the Secretary determines that such protec- tion and security are necessary because— (A) there is a serious and credible threat to the safety of the individual for whom protec- tion is to be provided; or (B) compelling operational considerations make such protection essential to the con- duct of official Department of Defense busi- ness. (2) PERSONNEL.—Individuals authorized to receive physical protection and personal secu- rity under this subsection include the fol- lowing: (A) Any official or employee of the Depart- ment of Defense or member of the armed forces. (B) A former or retired official who faces serious and credible threats arising from du- ties performed while employed by the De- partment. (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 con- ducting official business with the Depart- ment 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 Page 680 TITLE 10—ARMED FORCES § 714 2 So in original. Probably should be preceded by ‘‘a’’. Secretary of Defense, but who has not yet been appointed as Secretary of Defense. (3) LIMITATION ON DELEGATION.—The author- ity of the Secretary of Defense to authorize the provision of physical protection and per- sonal security under this subsection may be delegated only to the Deputy Secretary of De- fense or the Under Secretary of Defense for In- telligence and Security. (4) REQUIREMENT FOR WRITTEN DETERMINA- TION.—A determination of the Secretary of De- fense whether 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 enforce- ment, security, or intelligence organization, and shall include the name and title of the of- ficer, employee, or other individual affected, the reason for such determination, the dura- tion of any authorized protection and security for such officer, employee, or individual, and the nature of any arrangements for such pro- tection and security. (5) DURATION OF PROTECTION.—The Secretary of Defense shall require periodic reviews, not less than once every six months, of the dura- tion of protection provided to individuals under this subsection. (6) SUBMISSION TO CONGRESS.— (A) IN GENERAL.—Except as provided in subparagraph (D), the Secretary of Defense shall submit to the congressional defense committees an initial determination made under paragraph (4), or a determination to deny the renewal of protection and security, together with the justification for such de- termination, not later than 15 days after the date on which the determination is made. In the case of determination 2 to continue pro- tection and security, the Secretary shall make such submission not less than twice each year. (B) FORM OF REPORT.—A report submitted under subparagraph (A) may be made in classified form. (C) REGULATIONS AND GUIDELINES.—The Secretary of Defense shall submit to the congressional defense committees the regu- lations and guidelines prescribed pursuant to paragraph (1) not less than 20 days before the date on which such regulations take ef- fect. (D) EXCEPTIONS.—Subparagraph (A) does not apply to determinations made with re- spect to the following individuals: (i) An individual described in paragraph (2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Sec- retary 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). (7) TEMPORARY PROTECTION.—The Secretary of Defense may temporarily provide physical protection and personal security under this subsection to an individual— (A) pending the determination of the Sec- retary under paragraph (4) regarding such individual; and (B) for a period not to exceed 30 days. (c) 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 em- ployees who are assigned to investigative, law enforcement, or security duties of any of the fol- lowing: (1) The Army Criminal Investigation Com- mand. (2) The Naval Criminal Investigative Serv- ice. (3) The Air Force Office of Special Investiga- tions. (4) The Defense Criminal Investigative Serv- ice. (5) The Pentagon Force Protection Agency. (d) CONSTRUCTION.— (1) NO ADDITIONAL LAW ENFORCEMENT OR AR- REST AUTHORITY.—Other than the authority to provide protection and security under this sec- tion, 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 em- ployees of the Department of Defense. (2) POSSE COMITATUS.—Nothing in this sec- tion shall be construed to abridge section 1385 of title 18. (3) AUTHORITIES OF OTHER DEPARTMENTS.— 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 Se- cret Service, the Director of the United States Marshals Service, or any other Federal law en- forcement agency. (e) 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 Depart- ment for security services and equipment pro- cured 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 author- ized by the Secretary of Defense for such reim- bursement. (Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), Dec. 23, 2016, 130 Stat. 2375, 2376; Pub. L. 118–31, div. A, title V, § 529A, Dec. 22, 2023, 137 Stat. 256; Pub. L. 118–159, div. A, title V, § 522, title XVII, § 1701(a)(16), Dec. 23, 2024, 138 Stat. 1883, 2204.) Editorial Notes CODIFICATION Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (d) of section 1074 of Pub. L. 110–181, div. A, title X, Jan. 28, 2008, 122 Stat. 330, as amended, which was formerly set out as a note under section 113 of this title, prior to repeal by Pub. L. 114–328, div. A, title IX, § 952(c)(3), Dec. 23, 2016, 130 Stat. 2375. Page 681 TITLE 10—ARMED FORCES § 716 PRIOR PROVISIONS A prior section 714, added Pub. L. 105–85, div. A, title V, § 597(a), Nov. 18, 1997, 111 Stat. 1766, related to re- quired grade of officer selected for assignment to posi- tion of defense attache´ to United States embassy in France, prior to repeal by Pub. L. 108–136, div. A, title V, § 503(a), Nov. 24, 2003, 117 Stat. 1456. Another prior section 714, act Aug. 10, 1956, ch. 1041, 70A Stat. 33, related to reports to Congress on length of tours of duty outside the United States by members of the Army and Air Force, prior to repeal by Pub. L. 86–533, § 1(5)(A), June 29, 1960, 74 Stat. 246. AMENDMENTS 2024—Pub. L. 118–159, § 522(a)(1), which directed strik- ing out ‘‘WITHIN THE UNITED STATES’’ in section catch- line, was executed by striking out ‘‘within the United States’’ after ‘‘provide protection’’ to reflect the prob- able intent of Congress and the style used in the catch- line of this section. Subsecs. (a), (b)(1). Pub. L. 118–159, § 522(a)(2), (3), struck out ‘‘within the United States’’ after ‘‘personal security’’ in introductory provisions. Subsec. (b)(1)(A). Pub. L. 118–159, § 1701(a)(16), sub- stituted ‘‘a serious’’ for ‘‘an serious’’. Subsec. (b)(3). Pub. L. 118–159, § 522(b), inserted ‘‘or the Under Secretary of Defense for Intelligence and Se- curity’’ after ‘‘only to the Deputy Secretary of De- fense’’. Subsec. (b)(4). Pub. L. 118–159, § 522(c), inserted ‘‘whether’’ before ‘‘to provide’’, and substituted ‘‘any authorized’’ for ‘‘the authorized’’ and ‘‘any arrange- ments for such’’ for ‘‘the arrangements for the’’. Subsec. (b)(6)(A). Pub. L. 118–159, § 522(d), substituted ‘‘an initial determination made under paragraph (4), or a determination to deny the renewal of protection and security’’ for ‘‘each determination made under para- graph (4) to provide protection and security to an indi- vidual’’ and inserted at end ‘‘In the case of determina- tion to continue protection and security, the Secretary shall make such submission not less than twice each year.’’ Subsec. (b)(7). Pub. L. 118–159, § 522(e), added par. (7). 2023—Subsec. (b)(1)(A). Pub. L. 118–31, § 529A(a)(1), substituted ‘‘serious and credible threat’’ for ‘‘immi- nent and credible threat’’. Subsec. (b)(2)(B). Pub. L. 118–31, § 529A(a)(2), struck out ‘‘for a period of up to two years beginning on the date on which the official separates from the Depart- ment’’ before period at end. Subsec. (b)(5). Pub. L. 118–31, § 529A(a)(3), amended par. (5) generally. Prior to amendment, par. (5) con- sisted of subpars. (A) to (C) relating to initial period of protection, subsequent period of protection, and re- quirement for compliance with regulations, respec- tively. Subsec. (b)(6)(A). Pub. L. 118–31, § 529A(a)(4), struck out ‘‘and of each determination under paragraph (5)(B) to extend such protection and security’’ after ‘‘an indi- vidual’’. Subsec. (e). Pub. L. 118–31, § 529A(b), added subsec. (e). 2016—Subsec. (a). Pub. L. 114–328, § 952(c)(4)(A), sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’ in intro- ductory provisions. Subsec. (a)(6). Pub. L. 114–328, § 952(c)(5)(A)(i), sub- stituted ‘‘Members of the Joint Chiefs of Staff in addi- tion to the Chairman and Vice Chairman’’ for ‘‘Chiefs of the Services’’. Subsec. (a)(7), (8). Pub. L. 114–328, § 952(c)(5)(A)(ii), (iii), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: ‘‘Chief of the National Guard Bureau.’’. Subsec. (b)(1). Pub. L. 114–328, § 952(c)(4)(A), (5)(B), in introductory provisions, substituted ‘‘armed forces’’ for ‘‘Armed Forces’’ and ‘‘through (7)’’ for ‘‘through (8)’’. Subsec. (b)(2)(A). Pub. L. 114–328, § 952(c)(6), struck out ‘‘, military member,’’ after ‘‘official’’ and inserted ‘‘or member of the armed forces’’ after ‘‘of the Depart- ment of Defense’’. Subsec. (c). Pub. L. 114–328, § 952(c)(4)(B), substituted ‘‘section, the terms ‘qualified members of the armed forces’ and’’ for ‘‘section: ‘‘(1) CONGRESSIONAL DEFENSE COMMITTEES.—The term ‘congressional defense committees’ means the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Serv- ices of the House of Representatives. ‘‘(2) QUALIFIED MEMBERS OF THE ARMED FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.—The terms ‘qualified members of the Armed Forces’ and’’; redesignated subpars. (A) to (E) of former par. (2) as pars. (1) to (5), respectively, of subsec. (c); and realigned margins. Subsec. (d)(1). Pub. L. 114–328, § 952(c)(4)(A), sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’. Subsec. (d)(2). Pub. L. 114–328, § 952(c)(4)(C), struck out ‘‘, United States Code’’ after ‘‘title 18’’. Statutory Notes and Related Subsidiaries TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SE- CURITY FOR FORMER DEPARTMENT OF DEFENSE OFFI- CIALS Pub. L. 117–263, div. A, title XI, § 1105, Dec. 23, 2022, 136 Stat. 2817, provided that: ‘‘During the period beginning on the date of enactment of this Act [Dec. 23, 2022] and ending on January 1, 2024, subsection (b) of section 714 of title 10, United States Code, shall be applied— ‘‘(1) in paragraph (1)(A), by substituting ‘a serious and credible threat’ for ‘an imminent and credible threat’; ‘‘(2) in paragraph (2)(B), by substituting ‘three years’ for ‘two years’; and ‘‘(3) in paragraph (6)(A), by substituting— ‘‘(A) ‘congressional leadership and the congres- sional defense committees’ for ‘the congressional defense committees’; and ‘‘(B) by substituting ‘the justification for such de- termination, scope of the protection, and the an- ticipated cost and duration of such protection’ for ‘the justification for such determination’.’’ § 715. Attending Physician to the Congress: grade A general officer serving as Attending Physi- cian 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.) Editorial Notes PRIOR PROVISIONS A prior section 715, act Aug. 10, 1956, ch. 1041, 70A Stat. 33, related to detail of members of regular and re- serve components to assist those components prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, effective Dec. 1, 1994. See section 12501 of this title. § 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 uni- formed service from his uniformed service to, and appoint him in, another uniformed service. The Secretary of Defense, the Secretary of