10 U.S.C. § 711 — Untitled legal text

Page 675 TITLE 10—ARMED FORCES § 711 1 Another section 711 is set out in chapter 41 of this title. 2 So in original. Probably should be ‘‘paragraph (1)’’. 3 So in original. Probably should be ‘‘subparagraph (A)’’. 4 So in original. (3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title; (4) the provision of all travel and transpor- tation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and (5) the eligibility of the member for general benefits as provided in part II of title 38. (Added Pub. L. 115–232, div. A, title V, § 551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116–92, div. A, title VI, § 602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116–283, div. A, title IX, § 924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–81, div. A, title V, § 521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117–263, div. A, title VI, § 626(c)(1), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118–31, div. A, title XVII, § 1722(d)(3), Dec. 22, 2023, 137 Stat. 670.) Editorial Notes AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1722(d)(3)(A), in- serted ‘‘or of the Space Force’’ after ‘‘regular compo- nents’’. Subsec. (b)(2). Pub. L. 118–31, § 1722(d)(3)(B), which di- rected amendment of par. (2) by inserting ‘‘, or a Space Force officer in a space force active status not on ac- tive duty under section 20105(b) of this title,’’ after ‘‘of- ficer’’, was executed by making the insertion after ‘‘of- ficer’’ the first place appearing, to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 118–31, § 1722(d)(3)(C), inserted before period at end ‘‘or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force ac- tive status’’. Subsec. (g)(1)(A). Pub. L. 118–31, § 1722(d)(3)(D), sub- stituted ‘‘chapter 36, 1405, or 2005’’ for ‘‘chapter 36 or 1405’’. 2022—Subsec. (f)(4)(A). Pub. L. 117–263, § 626(c)(1)(A), substituted ‘‘section 452’’ for ‘‘section 474’’. Subsec. (h)(4). Pub. L. 117–263, § 626(c)(1)(B), sub- stituted ‘‘section 453(f)’’ for ‘‘section 481f’’. 2021—Subsec. (c)(1). Pub. L. 116–283 substituted ‘‘an armed force’’ for ‘‘the armed force concerned’’. Subsec. (c)(3). Pub. L. 117–81 substituted ‘‘one month’’ for ‘‘two months’’. 2019—Subsec. (h)(3) to (5). Pub. L. 116–92 added pars. (3) to (5). § 711.1 Parental leave for members of certain re- serve components of the armed forces (a)(1) Under regulations prescribed by the Sec- retary of Defense, a member of a reserve compo- nent of the armed forces described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under sec- tion 206 of title 37, during the one-year period beginning after the following events: (A) the birth or adoption of a child of the member and to care for such child; or (B) the placement of a minor child with the member for adoption or long-term foster care. (2)(A) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) 2 to be taken after the one- year period described in subparagraph (A) 2 in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) 2 as a result of— (i) operational requirements; (ii) professional military education obliga- tions; or (iii) other circumstances that the Secretary determines reasonable and appropriate. (B) The regulations prescribed under clause (i) 3 shall require that any leave authorized to be taken after the one-year period described in sub- paragraph (A) 2 shall be taken within a reason- able period of time, as determined by the Sec- retary of Defense, after cessation of the cir- cumstances warranting the extended deadline.; 4 (b) A member described in this subsection is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who is a member of— (1) the selected reserve who is entitled to compensation under section 206 of title 37; or (2) the individual ready reserve who is enti- tled to compensation under section 206 of title 37 when attending or participating in a suffi- cient number of periods of inactive-duty train- ing during a year to count the year as a quali- fying year of creditable service toward eligi- bility for retired pay. (Added Pub. L. 118–31, div. A, title VI, § 601(a)(1), Dec. 22, 2023, 137 Stat. 288; amended Pub. L. 118–159, div. A, title VI, § 603(a), (b)(1), Dec. 23, 2024, 138 Stat. 1931.) AMENDMENT OF SECTION Pub. L. 118–159, div. A, title VI, § 603(a), (b)(1), (c), Dec. 23, 2024, 138 Stat. 1931, provided that, effective Oct. 1, 2025, this section is amended as follows: (1) in subsection (a)(2)— (A) by striking ‘‘subparagraph (A)’’ each place it appears and inserting ‘‘paragraph (1)’’; and (B) in subparagraph (B)— (i) by striking ‘‘clause (i)’’ and inserting ‘‘subparagraph (A)’’; and (ii) by striking ‘‘.;’’ and inserting a period; and (2) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who’’. See 2024 Amendment notes below. RENUMBERING OF SECTION Pub. L. 118–159, div. A, title VI, § 603(b)(2), (c), Dec. 23, 2024, 138 Stat. 1931, provided that, effective Oct. 1, 2025, this section is renumbered section 710a of this title. Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 603(b)(1)(A), sub- stituted ‘‘paragraph (1)’’ for ‘‘subparagraph (A)’’ wher- ever appearing. Subsec. (a)(2)(B). Pub. L. 118–159, § 603(b)(1)(B), sub- stituted ‘‘subparagraph (A)’’ for ‘‘clause (i)’’ and a pe- riod for ‘‘.;’’ at end. Page 676 TITLE 10—ARMED FORCES § 711 Subsec. (b). Pub. L. 118–159, § 603(a), struck out ‘‘is a member of the Army, Navy, Marine Corps, Air Force, or Space Force who’’ after ‘‘described in this sub- section’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. A, title VI, § 603(c), Dec. 23, 2024, 138 Stat. 1931, provided that:‘‘The amendments made by this section [amending and renumbering this section] shall take effect on October 1, 2025.’’ EFFECTIVE DATE Pub. L. 118–31, div. A, title VI, § 601(e), Dec. 22, 2023, 137 Stat. 289, provided that: ‘‘This section [enacting this section and amending section 12732 of this title, section 206 of Title 37, Pay and Allowances of the Uni- formed Services, and provisions set out as a note under section 12732 of this title] and the amendments made by this section shall take effect on October 1, 2024, and apply with respect to periods of parental leave that commence on or after such date.’’ CHAPTER 41—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES Sec. 711. Senior members of Military Staff Committee of United Nations: appointment. 711a. American National Red Cross: detail of com- missioned 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. 715. Attending Physician to the Congress: grade. 716. Commissioned officers: transfers among the armed forces, the National Oceanic and At- mospheric Administration, and the Public Health Service. 717. Members of the armed forces: participation in international sports. [718. Repealed.] 719. Department of Commerce: assignment or de- tail of members of the armed forces to Na- tional Oceanic and Atmospheric Adminis- tration. [720 to 722. Repealed.] 723. Support of Federal authorities in response to civil disturbances: requirement for use of members of the Armed Forces and Federal law enforcement personnel. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 522(a)(1), Dec. 23, 2024, 138 Stat. 1883, struck out ‘‘within the United States’’ after ‘‘provide protection’’ in item 714. Amend- ment was made pursuant to operation of section 102 of this title. 2021—Pub. L. 116–283, div. A, title X, §§ 1064(b), 1081(a)(19), Jan. 1, 2021, 134 Stat. 3860, 3871, moved item 714 to appear immediately after item 713, inserted pe- riod at end of item 715, and added item 723. 2018—Pub. L. 115–232, div. A, title V, § 508(b), Aug. 13, 2018, 132 Stat. 1749, added item 715. 2016—Pub. L. 114–328, div. A, title IX, § 952(c)(2), Dec. 23, 2016, 130 Stat. 2375, added item 714 at the end of this analysis. Pub. L. 114–328, div. A, title V, § 502(g)(2), (h)(2), Dec. 23, 2016, 130 Stat. 2103, struck out items 720 ‘‘Chief of Staff to President: appointment’’ and 722 ‘‘Attending Physician to the Congress: grade’’. 2009—Pub. L. 111–84, div. A, title V, § 502(i)(2), Oct. 28, 2009, 123 Stat. 2277, struck out item 721 ‘‘General and flag officers: limitation on appointments, assignments, details, and duties outside an officer’s own service’’. 2006—Pub. L. 109–364, div. A, title V, § 507(a)(1)(B), Oct. 17, 2006, 120 Stat. 2180, added item 722. 2003—Pub. L. 108–136, div. A, title V, § 503(b), Nov. 24, 2003, 117 Stat. 1456, struck out item 714 ‘‘Defense attache´ in France: required grade’’. 1997—Pub. L. 105–85, div. A, title V, §§ 501(b), 597(b), Nov. 18, 1997, 111 Stat. 1724, 1766, added items 714 and 721. 1994—Pub. L. 103–337, div. A, title XVI, § 1671(b)(8), Oct. 5, 1994, 108 Stat. 3013, struck out item 715 ‘‘Reserve components: detail of members of regular and reserve components to assist’’. 1986—Pub. L. 99–433, title I, § 110(a)(2), Oct. 1, 1986, 100 Stat. 1001, struck out item 718 ‘‘Secretary of Defense: detail of officers to assist’’. 1983—Pub. L. 98–94, title X, § 1007(a)(2), Sept. 24, 1983, 97 Stat. 662, included reference to the Public Health Service in item 716. 1980—Pub. L. 96–513, title V, §§ 501(9)(B), 511(23)(C), Dec. 12, 1980, 94 Stat. 2908, 2922, substituted ‘‘assign- ment or detail of members of the armed forces to Na- tional Oceanic and Atmospheric Administration’’ for ‘‘assignment or detail to Environmental Science Serv- ices Administration’’ in item 719 and added item 720. Pub. L. 96–215, § 2(b), Mar. 25, 1980, 94 Stat. 123, in- serted ‘‘and to and from National Oceanic and Atmos- pheric Administration’’ after ‘‘between armed forces’’ in item 716. 1970—Pub. L. 91–392, § 2, Sept. 1, 1970, 84 Stat. 834, sub- stituted ‘‘armed forces’’ for ‘‘Army, Navy, Air Force, and Marine Corps’’ in item 716. 1968—Pub. L. 90–235, § 4(a)(1)(B), Jan. 2, 1968, 81 Stat. 759, added item 711a. 1966—Pub. L. 89–683, § 1(2), Oct. 15, 1966, 80 Stat. 960, added item 719. 1962—Pub. L. 87–651, title I, § 103(b), title II, § 205(b), Sept. 7, 1962, 76 Stat. 508, 519, redesignated item 716, re- lating to participation of members of the armed forces in international sports, as 717, and added item 718. 1960—Pub. L. 86–533, § 1(5)(B), June 29, 1960, 74 Stat. 246, repealed item 714 ‘‘Reports to Congress on length of tours of duty outside United States by members of Army and Air Force’’. 1958—Pub. L. 85–861, § 1(18), Sept. 2, 1958, 72 Stat. 1442, added item 716, relating to participation of members of the armed forces in international sports. Pub. L. 85–599, § 11(1), Aug. 6, 1958, 72 Stat. 521, added item 716, relating to transfers of commissioned officers. Statutory Notes and Related Subsidiaries PILOT PROGRAM AUTHORITY TO ENHANCE CYBERSECURITY AND RESILIENCY OF CRITICAL INFRA- STRUCTURE Pub. L. 115–232, div. A, title XVI, § 1650, Aug. 13, 2018, 132 Stat. 2138, provided that: ‘‘(a) AUTHORITY.—The Secretary of Defense, in coordi- nation with the Secretary of Homeland Security, is au- thorized to provide, detail, or assign technical per- sonnel to the Department of Homeland Security on a non-reimbursable basis to enhance cybersecurity co- operation, collaboration, and unity of Government ef- forts. ‘‘(b) SCOPE OF ASSISTANCE.—The authority under sub- section (a) shall be limited in any fiscal year to the provision of not more than 50 technical cybersecurity personnel from the Department of Defense to the De- partment of Homeland Security, including the national cybersecurity and communications integration center (NCCIC) of the Department, or other locations as agreed upon by the Secretary of Defense and the Sec- retary of Homeland Security. ‘‘(c) LIMITATION.—The authority under subsection (a) may not negatively impact the primary missions of the Department of Defense or the Department of Homeland Security. ‘‘(d) ESTABLISHMENT OF PROCEDURES.—