10 U.S.C. § 717 — Members of the armed forces: participation

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, Page 683 TITLE 10—ARMED FORCES § 719 title I, § 103(a), Sept. 7, 1962, 76 Stat. 508; amend- ed Pub. L. 89–348, § 1(12), Nov. 8, 1965, 79 Stat. 1311; Pub. L. 89–718, § 7, Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, § 511(22), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 98–525, title XV, § 1534, Oct. 19, 1984, 98 Stat. 2632; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title V, § 561, Jan. 6, 2006, 119 Stat. 3266; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(F), Jan. 1, 2021, 134 Stat. 3820.) HISTORICAL AND REVISION NOTES 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 716 [now 717]. 22:1981. 22:1982. 22:1983. Mar. 14, 1955, ch. 11 (less last 2 pars.), 69 Stat. 11. In subsection (a), the first 27 words are substituted for section 1 of the source statute. The reference to the Second Pan-American Games, the Seventh Olympic Winter Games, and the Games of the XVI Olympiad are omitted as covered by clause (1) of the revised sub- section. The words ‘‘subject to the limitation contained in subsection (b) herein’’ are omitted as covered by re- vised subsection (b). The words ‘‘any other’’ are sub- stituted for the words ‘‘other * * * not specified in (1) above’’. In subsection (b), the word ‘‘entry’’ is substituted for the word ‘‘commitment’’ for clarity. The words ‘‘or the Secretary of the Treasury, as the case may be’’ are in- serted since, under subsection (a), the Secretary of the Treasury has the prescribed authority with respect to members of the Coast Guard when it is not operating as a service in the Navy. In subsection (c), the words ‘‘materiel, and equip- ment’’ are omitted as covered by the word ‘‘supplies’’ as defined in section 101(26) of this title. 1962 ACT This section corrects a duplication in numbering oc- casioned by the addition of a duplicate section 716 by Pub. L. 85–861. (The first section 716 was added by Pub. L. 85–599.) Editorial Notes AMENDMENTS 2021—Subsec. (c)(1). Pub. L. 116–283 substituted ‘‘Ma- rine Corps, and Space Force’’ for ‘‘and Marine Corps’’. 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘partici- pate in any of the following sports competitions: ‘‘(1) The Pan-American Games and the Olympic Games, and qualifying events and preparatory com- petition for those games. ‘‘(2) The Paralympic Games, if eligible to partici- pate in those games, and qualifying events and pre- paratory competition for those games. ‘‘(3) Any other’’ for ‘‘participate in— ‘‘(1) Pan-American Games and Olympic Games and qualifying events and preparatory competition for those games; and ‘‘(2) any other’’. 2002—Subsecs. (a), (b), (d). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1984—Subsec. (a)(1). Pub. L. 98–525, § 1534(1), included qualifying events and preparatory competition. Subsec. (a)(2). Pub. L. 98–525, § 1534(2), included quali- fying events and preparatory competition. Subsec. (b). Pub. L. 98–525, § 1534(3), struck out ref- erence to subsec. (e). Subsec. (c). Pub. L. 98–525, § 1534(4), (6), designated ex- isting provisions as par. (1), substituted ‘‘$3,000,000’’ for ‘‘$800,000’’ and ‘‘October 1, 1980’’ for ‘‘March 14, 1955’’, redesignated subsec. (d) as par. (2), and substituted ‘‘October 1, 1980’’ for ‘‘March 14, 1955’’. Subsecs. (d), (e). Pub. L. 98–525, § 1534(7), redesignated subsec. (e) as (d). Former subsec. (d) redesignated par. (2) of subsec. (c). 1980—Subsec. (a). Pub. L. 96–513, § 511(22)(A), sub- stituted ‘‘Transportation’’ for ‘‘the Treasury’’. Subsec. (b). Pub. L. 96–513, § 511(22), redesignated sub- sec. (c) as (b) and substituted reference to subsec. (c) for reference to subsec. (f), and ‘‘Transportation’’ for ‘‘the Treasury’’. Subsecs. (c), (d). Pub. L. 96–513, § 511(22)(C), redesig- nated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (c) redesignated (b). Subsecs. (e), (f). Pub. L. 96–513, § 511(22) (A), (C), redes- ignated subsec. (f) as (e) and substituted ‘‘Transpor- tation’’ for ‘‘the Treasury’’. Former subsection (e) re- designated (d). 1966—Subsec. (b). Pub. L. 89–718 repealed subsec. (b) which required the Secretary of Defense or the Sec- retary of the Treasury to report to the Committees on Armed Services of the Senate and House of Representa- tives the details of the proposed participation by mem- bers of the Armed Forces under his jurisdiction in international amateur sports competition. See also Pub. L. 89–348, § 1(12), Nov. 8, 1965, 79 Stat. 1311, which earlier repealed the reporting requirement of subsec. (b). 1965—Subsec. (b). Pub. L. 89–348 repealed provision of subsec. (b) which required the Secretary of Defense or the Secretary of the Treasury, as the case may be, to report to the Committees on the Armed Services of the Senate and House of Representatives the details of the proposed participation by members of the Armed Forces under his jurisdiction in international amateur sports competition. 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. 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. [§ 718. Repealed. Pub. L. 99–433, title I, § 110(a)(1), Oct. 1, 1986, 100 Stat. 1001] Section, added Pub. L. 87–651, title II, § 205(a), Sept. 7, 1962, 76 Stat. 519, provided that officers of the armed forces could be detailed for duty as assistants or per- sonal aides to the Secretary of Defense. § 719. Department of Commerce: assignment or detail of members of the armed forces to Na- tional Oceanic and Atmospheric Administra- tion Upon the request of the Secretary of Com- merce, the Secretary of a military department may assign or detail members of the armed forces under his jurisdiction for duty in the Na- tional Oceanic and Atmospheric Administration, Department of Commerce, with reimbursement from the Department of Commerce. Notwith- standing any other provision of law, a member so assigned or detailed may exercise the func- tions, 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 en- titled to the compensation fixed for that posi- tion. (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.)