10 U.S.C. § 716 — Commissioned officers: transfers among

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 Page 682 TITLE 10—ARMED FORCES § 717 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. (Added Pub. L. 85–599, § 11(2), Aug. 6, 1958, 72 Stat. 521; amended Pub. L. 91–392, § 1, Sept. 1, 1970, 84 Stat. 834; Pub. L. 96–215, § 2(a), Mar. 25, 1980, 94 Stat. 123; Pub. L. 97–295, § 1(10), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–94, title X, § 1007(a)(1), Sept. 24, 1983, 97 Stat. 661; Pub. L. 99–348, title III, § 304(a)(1), July 1, 1986, 100 Stat. 703; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes CODIFICATION Another section 716 was renumbered section 717 of this title. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1986—Subsec. (c). Pub. L. 99–348 struck out subsec. (c) which defined ‘‘uniformed service’’ for purposes of this section. See section 101(43) of this title. 1983—Pub. L. 98–94 amended section generally, sub- stituting ‘‘transfers among the armed forces, the Na- tional Oceanic and Atmospheric Administration, and the Public Health Service’’ for ‘‘transfers between armed forces and to and from National Oceanic and At- mospheric Administration’’ in section catchline and adding subsec. (c). Prior to amendment subsecs. (a) and (b) read as follows: ‘‘(a) Notwithstanding any other provision of law, the President may, within authorized strengths, transfer any commissioned officer with his consent from his armed force or from the National Oceanic and Atmos- pheric Administration to, and appoint him in, another armed force or the National Oceanic and Atmospheric Administration. The Secretary of Defense, the Sec- retary of the department in which the Coast Guard is operating, and the Secretary of Commerce shall jointly establish, by regulations approved by the President, policies and procedures for such transfers and appoint- ments. ‘‘(b) An officer transferred under this section— ‘‘(1) may not be assigned precedence or relative rank higher than that which he held on the day be- fore his transfer; and ‘‘(2) shall be credited for retirement and pay pur- poses with the same years of service with which he has been credited on the day before his transfer.’’ 1982—Subsec. (a). Pub. L. 97–295 struck out the comma after ‘‘policies’’. 1980—Pub. L. 96–215 inserted ‘‘and to and from Na- tional Oceanic and Atmospheric Administration’’ in section catchline, divided existing unlettered provi- sions into subsecs. (a) and (b)(1), inserted references to National Oceanic and Atmospheric Administration and to Secretary of Commerce in subsec. (a) as so redesig- nated, and added subsec. (b)(2). 1970—Pub. L. 91–392 substituted ‘‘armed forces’’ for ‘‘Army, Navy, Air Force, and Marine Corps’’ in section catchline and ‘‘his armed force’’, ‘‘another armed force’’, ‘‘An officer transferred under this section may not be assigned’’, and ‘‘before his transfer’’ for ‘‘the Army, Navy, Air Force, or Marine Corps’’, ‘‘any other of those armed forces’’, ‘‘No officer transferred pursu- ant to this authority shall be assigned’’, and ‘‘prior to such transfer’’ in text, respectively, and authorized interservice transfers of officers of the Coast Guard. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Secretary of Commerce by section 1(m) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President. § 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 Olym- pic Games, and qualifying events and pre- paratory competition for those games. (2) The Paralympic Games, if eligible to par- ticipate 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 de- termines that the interests of the United States will be served by participation in that competition, and qualifying events and pre- paratory competition for that competition. (b) Subject to subsections (c) and (d), the Sec- retary 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 sub- section (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 partici- pation in, those competitions. (c)(1) Not more than $3,000,000, to be appor- tioned among the military departments as the Secretary of Defense prescribes, may be spent during each successive four-year period begin- ning on October 1, 1980, for the participation of members of the Army, Navy, Air Force, Marine Corps, and Space Force in the competitions cov- ered 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 Depart- ment of Defense or to the Department of Home- land Security, as the case may be, may be used to carry out this section. (Added Pub. L. 85–861, § 1(17), Sept. 2, 1958, 72 Stat. 1442, § 716; renumbered § 717, Pub. L. 87–651,