10 U.S.C. § 712 — Foreign governments: detail to assist

Page 678 TITLE 10—ARMED FORCES § 711 1 Another section 711 is set out in chapter 40 of this title. § 711.1 Senior members of Military Staff Com- mittee of United Nations: appointment The President, by and with the advice and con- sent 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.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 711 .......... 10:506b(c) (less last 12 words). Aug. 7, 1947, ch. 512, § 504(c) (less last 12 words), 61 Stat 886. The words ‘‘Within the limitations as to numbers in grade prescribed in this Act’’, so far as they relate to the Army and the Air Force, are omitted as executed by the declaration of the national emergency on De- cember 16, 1950, in accordance with an opinion of the Judge Advocate General of the Army (JAGA 1951/6180, 17 Oct. 1951). So far as they relate to the Navy and the Marine Corps they are omitted as surplusage. The words ‘‘may appoint’’ are inserted to make it explicit that the revised section prescribes the appointment as well as the rank and pay that go with it. The word ‘‘grade’’ is substituted for the word ‘‘rank’’. The words ‘‘Navy or Marine Corps’’ are substituted for the words ‘‘Navy, including the Marine Corps’’. The words ‘‘Army, * * * Air Force’’ are substituted for the words ‘‘Army less the Air Corps * * * Air Corps’’. The words ‘‘pay and allowances of a vice admiral or lieutenant general’’ are omitted as surplusage, since this is implicit upon ap- pointment to the grade. The words ‘‘and Naval’’ are omitted to conform to the name ‘‘Military Staff Com- mittee’’ established by Article 47 of the United Nations Charter. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’. 2016—Pub. L. 114–328 struck out second sentence which read as follows: ‘‘An officer so appointed has the grade of lieutenant general or vice admiral, as the case may be, while serving under that appointment.’’ § 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 fol- lows: (1) for duty with the Service to the Armed Forces Division— (A) one or more officers of the Army Med- ical Department; (B) one or more officers of the Medical De- partment of the Navy; and (C) one or more officers selected from among medical officers, dental officers, vet- erinary officers, medical service officers, nurses, and medical specialists of the Air Force; and (2) to be in charge of the first-aid depart- ment— (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. (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.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–513 struck out ‘‘(a)’’ before ‘‘Commis- sioned’’. 1968—Subsec. (a)(1)(A). Pub. L. 90–329 substituted ‘‘Army Medical Department’’ for ‘‘Army Medical Serv- ice’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 712. Foreign governments: detail to assist (a) Upon the application of the country con- cerned, 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— (1) any republic in North America, Central America, or South America; (2) the Republic of Cuba, Haiti, or Santo Do- mingo; and (3) during a war or a declared national emer- gency, any other country that he considers it advisable to assist in the interest of national defense. (b) Subject to the prior approval of the Sec- retary of the military department concerned, a member detailed under this section may accept any office from the country to which he is de- tailed. 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 32; Pub. L. 85–477, ch. V, § 502(k), June 30, 1958, 72 Stat. 275; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(E), Jan. 1, 2021, 134 Stat. 3820.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 712(a) ...... 712(b) ...... 10:540 (less provisos). 34:441a (less provisos). 10:540 (provisos). 34:441a (provisos). May 19, 1926, ch. 334, 44 Stat, 565; May 14, 1935, ch. 109, 49 Stat. 218; Oct. 1, 1942, ch. 571, 56 Stat. 763. In subsection (a), the words ‘‘and the Commonwealth of the Philippine Islands’’, in the Act of May 19, 1926, ch. 334, added by the Act of May 14, 1935, ch. 109, 49 Stat. 218, are not contained in 10:540 or 34:441a. They 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