US (United States) Code. Title 10. Subtitle A. Part II. Chapter 41: Special appointments, assignments, defails

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS,

DETAILS, AND DUTIES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

.

-HEAD-

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-MISC1-

Sec.

711. Senior members of Military Staff Committee of United Nations:

appointment.

711a. American National Red Cross: detail of commissioned officers.

712. Foreign governments: detail to assist.

713. State Department: assignment or detail as couriers and

building inspectors.

714. Defense attacheAE1 in France: required grade.

(715. Repealed.)

716. Commissioned officers: transfers among the armed forces, the

National Oceanic and Atmospheric Administration, and the Public

Health Service.

717. Members of the armed forces: participation in international

sports.

(718. Repealed.)

719. Department of Commerce: assignment or detail of members of the

armed forces to National Oceanic and Atmospheric Administration.

720. Chief of Staff to President: appointment.

721. General and flag officers: limitation on appointments,

assignments, details, and duties outside an officer's own

service.

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title V, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 501(9)(B), 511(23)(C), Dec.

12, 1980, 94 Stat. 2908, 2922, substituted ''assignment or detail

of members of the armed forces to National Oceanic and Atmospheric

Administration'' for ''assignment or detail to Environmental

Science Services Administration'' in item 719 and added item 720.

Pub. L. 96-215, Sec. 2(b), Mar. 25, 1980, 94 Stat. 123, inserted

''and to and from National Oceanic and Atmospheric Administration''

after ''between armed forces'' in item 716.

1970 - Pub. L. 91-392, Sec. 2, Sept. 1, 1970, 84 Stat. 834,

substituted ''armed forces'' for ''Army, Navy, Air Force, and

Marine Corps'' in item 716.

1968 - Pub. L. 90-235, Sec. 4(a)(1)(B), Jan. 2, 1968, 81 Stat.

759, added item 711a.

1966 - Pub. L. 89-683, Sec. 1(2), Oct. 15, 1966, 80 Stat. 960,

added item 719.

1962 - Pub. L. 87-651, title I, Sec. 103(b), title II, Sec.

205(b), Sept. 7, 1962, 76 Stat. 508, 519, redesignated item 716,

relating to participation of members of the armed forces in

international sports, as 717, and added item 718.

1960 - Pub. L. 86-533, Sec. 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, Sec. 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, Sec. 11(1), Aug. 6, 1958, 72 Stat. 521, added

item 716, relating to transfers of commissioned officers.

-CITE-

10 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 711. Senior members of Military Staff Committee of United

Nations: appointment

-STATUTE-

The President, by and with the advice and consent 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, as senior members of

the Military Staff Committee of the United Nations. An officer so

appointed has the grade of lieutenant general or vice admiral, as

the case may be, while serving under that appointment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 32.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

711 10:506b(c) (less Aug. 7, 1947, ch.

last 12 words). 512, Sec. 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 December 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 appointment to the grade. The words ''and Naval''

are omitted to conform to the name ''Military Staff Committee''

established by Article 47 of the United Nations Charter.

-CITE-

10 USC Sec. 711a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 711a. American National Red Cross: detail of commissioned

officers

-STATUTE-

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 follows:

(1) for duty with the Service to the Armed Forces Division -

(A) one or more officers of the Army Medical Department;

(B) one or more officers of the Medical Department of the

Navy; and

(C) one or more officers selected from among medical

officers, dental officers, veterinary officers, medical service

officers, nurses, and medical specialists of the Air Force; and

(2) to be in charge of the first-aid department -

(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.

-SOURCE-

(Added Pub. L. 90-235, Sec. 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, Sec. 511(21), Dec. 12, 1980, 94 Stat. 2921.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-513 struck out ''(a)'' before ''Commissioned''.

1968 - Subsec. (a)(1)(A). Pub. L. 90-329 substituted ''Army

Medical Department'' for ''Army Medical Service''.

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.

-CITE-

10 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 712. Foreign governments: detail to assist

-STATUTE-

(a) Upon the application of the country concerned, the President,

whenever he considers it in the public interest, may detail members

of the Army, Navy, Air Force, and Marine Corps to assist in

military matters -

(1) any republic in North America, Central America, or South

America;

(2) the Republic of Cuba, Haiti, or Santo Domingo; and

(3) during a war or a declared national emergency, any other

country that he considers it advisable to assist in the interest

of national defense.

(b) Subject to the prior approval of the Secretary of the

military department concerned, a member detailed under this section

may accept any office from the country to which he is detailed. 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 32; Pub. L. 85-477, ch. V,

Sec. 502(k), June 30, 1958, 72 Stat. 275.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

712(a) 712(b) 10:540 (less May 19, 1926, ch.

provisos). 34:441a 334, 44 Stat, 565;

(less provisos). May 14, 1935, ch.

10:540 (provisos). 109, 49 Stat. 218;

34:441a (provisos). 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 are also omitted from the revised

section, since Proclamation 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 allowed the

same credit for longevity, retirement, and for all other

purposes'', in 10:540 and 34:441a.

AMENDMENTS

1958 - Subsec. (b). Pub. L. 85-477 struck out provisions which

authorized members of the armed forces to accept compensation or

emoluments from countries to which they are detailed, and inserted

provisions permitting arrangements for reimbursement or other

sharing of cost.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 502(k) of Pub. L. 85-477 provided that the amendment made

by that section is effective nine months after June 30, 1958.

-CITE-

10 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 713. State Department: assignment or detail as couriers and

building inspectors

-STATUTE-

(a) Upon the request of the Secretary of State, the Secretary of

a military department may assign or detail members of the armed

forces under his jurisdiction for duty -

(1) as inspectors of buildings owned or occupied 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 detail a member for

duty under subsection (a) with or without reimbursement from the

Department of State. However, a member so assigned or detailed may

be paid the traveling expenses authorized for officers of the

Foreign Service of the United States. These expenses shall be paid

from appropriations of the Department of State.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 33.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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713(a) 22:956 (words before Aug. 13, 1946, ch.

semicolon of 1st 957, Sec. 561, 60

sentence). Stat. 1011.

713(b) 22:956 (less words

before semicolon of

1st sentence).

-------------------------------

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 concerned may'' are

substituted for the words ''in the discretion of the head of the

department concerned''.

-CITE-

10 USC Sec. 714 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 714. Defense attacheAE1 in France: required grade

-STATUTE-

An officer may not be selected for assignment to the position of

defense attacheAE1 to the United States embassy in France unless

the officer holds (or is on a promotion list for promotion to) the

grade of brigadier general or, in the case of the Navy, rear

admiral (lower half).

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 597(a), Nov. 18,

1997, 111 Stat. 1766.)

-MISC1-

PRIOR PROVISIONS

A 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, Sec. 1(5)(A), June 29, 1960, 74 Stat.

246.

-CITE-

10 USC Sec. 715 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

(Sec. 715. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1662(g)(2), Oct. 5, 1994, 108 Stat. 2996)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 33, related to

detail of members of regular and reserve components to assist those

components. See section 12501 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

-CITE-

10 USC Sec. 716 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 716. Commissioned officers: transfers among the armed forces,

the National Oceanic and Atmospheric Administration, and the

Public Health Service

-STATUTE-

(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 uniformed

service from his uniformed service to, and appoint him in, another

uniformed service. The Secretary of Defense, the Secretary of

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.

-SOURCE-

(Added Pub. L. 85-599, Sec. 11(2), Aug. 6, 1958, 72 Stat. 521;

amended Pub. L. 91-392, Sec. 1, Sept. 1, 1970, 84 Stat. 834; Pub.

L. 96-215, Sec. 2(a), Mar. 25, 1980, 94 Stat. 123; Pub. L. 97-295,

Sec. 1(10), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98-94, title X,

Sec. 1007(a)(1), Sept. 24, 1983, 97 Stat. 661; Pub. L. 99-348,

title III, Sec. 304(a)(1), July 1, 1986, 100 Stat. 703; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-COD-

CODIFICATION

Another section 716 was renumbered section 717 of this title.

-MISC3-

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, substituting

''transfers among the armed forces, the National Oceanic and

Atmospheric Administration, and the Public Health Service'' for

''transfers between armed forces and to and from National Oceanic

and Atmospheric 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 Atmospheric Administration to, and appoint him in, another

armed force or the National Oceanic and Atmospheric Administration.

The Secretary of Defense, the Secretary 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 appointments.

''(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 before his transfer; and

''(2) shall be credited for retirement and pay purposes 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 National Oceanic

and Atmospheric Administration'' in section catchline, divided

existing unlettered provisions into subsecs. (a) and (b)(1),

inserted references to National Oceanic and Atmospheric

Administration and to Secretary of Commerce in subsec. (a) as so

redesignated, 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

pursuant to this authority shall be assigned'', and ''prior to such

transfer'' in text, respectively, and authorized interservice

transfers of officers of the Coast Guard.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 3071.

-CITE-

10 USC Sec. 717 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 717. Members of the armed forces: participation in

international sports

-STATUTE-

(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 -

(1) Pan-American Games and Olympic Games and qualifying events

and preparatory competition for those games; and

(2) any other international competition in amateur sports, if

the Secretary of State determines that the interests of the

United States will be served by participation in that

competition, and qualifying events and preparatory competition

for that competition.

(b) Subject to subsections (c) and (d), the Secretary 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 subsection (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 participation in, those competitions.

(c)(1) Not more than $3,000,000, to be apportioned among the

military departments as the Secretary of Defense prescribes, may be

spent during each successive four-year period beginning on October

1, 1980, for the participation of members of the Army, Navy, Air

Force, and Marine Corps in the competitions covered 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 Department of Defense or to

the Department of Homeland Security, as the case may be, may be

used to carry out this section.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(17), Sept. 2, 1958, 72 Stat. 1442,

Sec. 716; renumbered Sec. 717, Pub. L. 87-651, title I, Sec.

103(a), Sept. 7, 1962, 76 Stat. 508; amended Pub. L. 89-348, Sec.

1(12), Nov. 8, 1965, 79 Stat. 1311; Pub. L. 89-718, Sec. 7, Nov. 2,

1966, 80 Stat. 1117; Pub. L. 96-513, title V, Sec. 511(22), Dec.

12, 1980, 94 Stat. 2921; Pub. L. 98-525, title XV, Sec. 1534, Oct.

19, 1984, 98 Stat. 2632; Pub. L. 107-296, title XVII, Sec.

1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

716 (now 717) 22:1981. 22:1982. Mar. 14, 1955, ch.

22:1983. 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

subsection. The words ''subject to the limitation contained in

subsection (b) herein'' are omitted as covered by revised

subsection (b). The words ''any other'' are substituted 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 inserted 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 equipment'' 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 occasioned by

the addition of a duplicate section 716 by Pub. L. 85-861. (The

first section 716 was added by Pub. L. 85-599.)

AMENDMENTS

2002 - Subsecs. (a), (b), (d). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1984 - Subsec. (a)(1). Pub. L. 98-525, Sec. 1534(1), included

qualifying events and preparatory competition.

Subsec. (a)(2). Pub. L. 98-525, Sec. 1534(2), included qualifying

events and preparatory competition.

Subsec. (b). Pub. L. 98-525, Sec. 1534(3), struck out reference

to subsec. (e).

Subsec. (c). Pub. L. 98-525, Sec. 1534(4), (6), designated

existing 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, Sec. 1534(7), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated par. (2) of

subsec. (c).

1980 - Subsec. (a). Pub. L. 96-513, Sec. 511(22)(A), substituted

''Transportation'' for ''the Treasury''.

Subsec. (b). Pub. L. 96-513, Sec. 511(22), redesignated subsec.

(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, Sec. 511(22)(C), redesignated

subsecs. (d) and (e) as (c) and (d), respectively. Former subsec.

(c) redesignated (b).

Subsecs. (e), (f). Pub. L. 96-513, Sec. 511(22) (A), (C),

redesignated subsec. (f) as (e) and substituted ''Transportation''

for ''the Treasury''. Former subsection (e) redesignated (d).

1966 - Subsec. (b). Pub. L. 89-718 repealed subsec. (b) which

required the Secretary of Defense or the Secretary of the Treasury

to report to the Committees on 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. See also Pub. L. 89-348,

Sec. 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 420.

-CITE-

10 USC Sec. 718 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

(Sec. 718. Repealed. Pub. L. 99-433, title I, Sec. 110(a)(1), Oct.

1, 1986, 100 Stat. 1001)

-MISC1-

Section, added Pub. L. 87-651, title II, Sec. 205(a), Sept. 7,

1962, 76 Stat. 519, provided that officers of the armed forces

could be detailed for duty as assistants or personal aides to the

Secretary of Defense.

-CITE-

10 USC Sec. 719 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 719. Department of Commerce: assignment or detail of members

of the armed forces to National Oceanic and Atmospheric

Administration

-STATUTE-

Upon the request of the Secretary of Commerce, the Secretary of a

military department may assign or detail members of the armed

forces under his jurisdiction for duty in the National Oceanic and

Atmospheric Administration, Department of Commerce, with

reimbursement from the Department of Commerce. Notwithstanding any

other provision of law, a member so assigned or detailed may

exercise the functions, 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 entitled to the compensation fixed for

that position.

-SOURCE-

(Added Pub. L. 89-683, Sec. 1(1), Oct. 15, 1966, 80 Stat. 960;

amended Pub. L. 96-513, title I, Sec. 511(23)(A), (B), Dec. 12,

1980, 94 Stat. 2921.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''of members of the armed

forces to National Oceanic and Atmospheric'' for ''to Environmental

Science Services'' in section catchline, and substituted ''National

Oceanic and Atmospheric'' for ''Environmental Science Services'' in

text.

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.

-CITE-

10 USC Sec. 720 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 720. Chief of Staff to President: appointment

-STATUTE-

The President, by and with the advice and consent of the Senate,

may appoint a general officer of the Army, Air Force, or Marine

Corps or a flag officer of the Navy as the Chief of Staff to the

President and may designate such position as a position of

importance and responsibility under section 601 of this title.

-SOURCE-

(Added Pub. L. 96-513, title V, Sec. 501(9)(A), Dec. 12, 1980, 94

Stat. 2907.)

-MISC1-

EFFECTIVE DATE

Section effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-CITE-

10 USC Sec. 721 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 41 - SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES

-HEAD-

Sec. 721. General and flag officers: limitation on appointments,

assignments, details, and duties outside an officer's own

service

-STATUTE-

(a) Limitation. - An officer described in subsection (b) may not

be appointed, assigned, or detailed for a period in excess of 180

days to a position external to that officer's armed force if,

immediately following such appointment, assignment, or detail, the

number of officers described in subsection (b) serving in positions

external to such officers' armed force would be in excess of 26.5

percent of the total number of the officers described in subsection

(b).

(b) Covered Officers. - The officers covered by subsection (a),

and to be counted for the purposes of the limitation in that

subsection, are the following:

(1) Any general or flag officer counted for purposes of section

526(a) of this title.

(2) Any general or flag officer serving in a joint duty

assignment position designated by the Chairman of the Joint

Chiefs of Staff under section 526(b) of this title.

(3) Any colonel or Navy captain counted for purposes of section

777(d)(1) of this title.

(c) External Positions. - For purposes of this section, the

following positions shall be considered to be external to an

officer's armed force:

(1) Any position (including a position in joint education) that

is a joint duty assignment for purposes of chapter 38 of this

title.

(2) Any position in the Office of the Secretary of Defense, a

Defense Agency, or a Department of Defense Field Activity.

(3) Any position in the Joint Chiefs of Staff, the Joint Staff,

or the headquarters of a combatant command (as defined in chapter

6 of this title).

(4) Any position in the National Guard Bureau.

(5) Any position outside the Department of Defense, including

any position in the headquarters of the North Atlantic Treaty

Organization or any other international military command, any

combined or multinational command, or military mission.

(d) Treatment of Officers Holding Multiple Positions. - If an

officer described in subsection (b) simultaneously holds both a

position external to that officer's armed force and another

position not external to that officer's armed force, the Secretary

of Defense shall determine whether that officer shall be counted

for the purposes of this section.

(e) Assignments, Etc., for Periods in Excess of 180 Days. - For

purposes of this section, the appointment, assignment, or detail of

an officer to a position shall be considered to be for a period in

excess of 180 days unless the appointment, assignment, or detail

specifies that it is made for a period of 180 days or less.

(f) Waiver During Period of War or National Emergency. - The

President may suspend the operation of this section during any

period of war or of national emergency declared by Congress or the

President.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 501(a), Nov. 18,

1997, 111 Stat. 1723; amended Pub. L. 107-314, div. A, title X,

Sec. 1041(a)(4), Dec. 2, 2002, 116 Stat. 2645.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 struck out par. (1)

designation and par. (2) which read as follows: ''The Secretary of

Defense shall submit to Congress an annual report on the number of

officers to whom paragraph (1) was applicable during the year

covered by the report. The report shall set forth the

determination made by the Secretary under that paragraph in each

such case.''

-CITE-