Title 10 — Armed Forces
Part II · Chapter 41 — Special Appointments, Assignments, Details, and Duties
§ 714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection
Statutory text
Protection for Department Leadership.—
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 employees of the Department of Defense to provide physical protection and personal security to the following persons who, by nature of their positions, require continuous security and protection:
Secretary of Defense.
Deputy Secretary of Defense.
Chairman of the Joint Chiefs of Staff.
Vice Chairman of the Joint Chiefs of Staff.
Secretaries of the military departments.
Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman.
Commanders of combatant commands.
Protection for Former or Retired Department Leadership.—
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 employees of the Department of Defense to provide physical protection and personal security to a former or retired official who—
previously served in a position identified in paragraphs (1) through (7) 1; and
faces serious and credible threats arising from duties performed while employed by the Department of Defense.
Protection for Additional Personnel.—
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 employees of the Department of Defense to provide physical protection and personal security to individuals other than individuals described in subsection (a) or (b) if the Secretary determines that such protection and security are necessary because—
there is a serious and credible threat to the safety of the individual for whom protection is to be provided; or
compelling operational considerations make such protection essential to the conduct of official Department of Defense business.
Personnel.—
Individuals authorized to receive physical protection and personal security under this subsection include the following:
Any official or employee of the Department of Defense or member of the armed forces.
A former or retired official who faces serious and credible threats arising from duties performed while employed by the Department.
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 conducting official business with the Department of Defense.
Any member of the immediate family of a person authorized to receive physical protection and personal security under this section.
An individual who has been designated by the President, and who has received the advice and consent of the Senate, to serve as Secretary of Defense, but who has not yet been appointed as Secretary of Defense.
Limitation on delegation.—
The authority of the Secretary of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy Secretary of Defense or the Under Secretary of Defense for Intelligence and Security.
Temporary protection.—
The Secretary of Defense may temporarily provide physical protection and personal security under this subsection to an individual—
pending the determination of the Secretary under paragraph (4) regarding such individual; and
for a period not to exceed 30 days.
Requirement for Written Determination.—
A determination of the Secretary of Defense whether to provide physical protection and personal security under subsection (b) or (c), or reimbursement under subsection (h), shall be in writing, shall be based on a threat assessment by an appropriate law enforcement, security, or intelligence organization, and shall include the name and title of the officer, employee, or other individual affected, the reason for such determination, the duration of any authorized protection and security for such officer, employee, or individual, and the nature of any arrangements for such protection and security.
Duration of Protection.—
The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under subsection (b) or (c).
Submissions to Congress.—
In general.—
Except as provided in paragraph (4), the Secretary of Defense shall submit to the congressional defense committee determinations made pursuant to this section as follows:
An initial determination made under subsection (d), not later than 15 days after the date on which the determination is made, including the justification for such determination and a current threat assessment by an appropriate law enforcement, security, or intelligence organization.
A determination to deny the renewal of physical protection and security under subsection (b) or (c), or reimbursement under subsection (j), not later than 15 days after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without physical protection and security or reimbursement.
A determination to terminate physical protection and security under subsection (b) or (c), or reimbursement under subsection (j), during a previously authorized period of protection, not later than 48 hours after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without protection and security or reimbursement.
A determination to deny a request for reimbursement of an individual described in subsection (b), not later than 15 days after the date on which the determination is made, including—
the justification for such determination;
a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
a certification that threats to the individual arising from duties performed while employed by the Department of Defense can be sufficiently mitigated without reimbursement.
Form of report.—
A report submitted under paragraph (1) may be made in classified form.
Regulations and guidelines.—
The Secretary of Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant to subsections (b) and (c)(1), and a description of any changes to such guidelines, not less than 20 days before the date on which such regulations take effect.
Exceptions.—
Paragraph (1) does not apply to determinations made with respect to the following individuals:
An individual described in subsection (c)(2)(C) who is otherwise sponsored by the Secretary of Defense, the Deputy Secretary of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff.
An individual described in subsection (c)(2)(E).
Notification to Certain Protected Personnel.—
The Secretary of Defense shall provide written notification to any individual receiving physical protection and personal security under subsection (a) or (b), or reimbursement under subsection (j), at least 90 days prior to terminating or denying the renewal of protection and security protection or reimbursement, as the case may be, for such individual.
Definitions.—
In this section, the terms “qualified members of the armed forces” and “qualified civilian employees of the Department of Defense” refer collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following:
The Army Criminal Investigation Command.
The Naval Criminal Investigative Service.
The Air Force Office of Special Investigations.
The Defense Criminal Investigative Service.
The Pentagon Force Protection Agency.
Construction.—
No additional law enforcement or arrest authority.—
Other than the authority to provide protection and security under this section, nothing in this section may be construed to bestow any additional law enforcement or arrest authority upon the qualified members of the armed forces and qualified civilian employees of the Department of Defense.
Posse comitatus.—
Nothing in this section shall be construed to abridge section 1385 of title 18.
Authorities of other departments.—
Nothing in this section may be construed to preclude or limit, in any way, the express or implied powers of the Secretary of Defense or other Department of Defense officials, or the duties and authorities of the Secretary of State, the Director of the United States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency.
Reimbursement.—
The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.
Footnotes
- 1 So in original. Probably should be followed by “of subsection (a)”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title IX § 952(c)(1) · 130 Stat. 2000
Enacted · 10 U.S.C. § 714
Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), Dec. 23, 2016, 130 Stat. 2375, 2376
Source evidence
Code source credit
Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), Dec. 23, 2016, 130 Stat. 2375, 2376Enacted provision · exact public law section
(1) In general.— Chapter 41 of title 10, United States Code, is amended by inserting after section 713 a new section 714 consisting of— (A) a heading as follows: “§ 714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States” ; and (B) a text consisting of the text of subsections (a) through (d) of section 1074 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113 note).National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(4)(A) · 130 Stat. 2000
Substituted · 10 U.S.C. § 714(a)
Pub. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces” in introductory provisions.Enacted provision · exact public law section
(A) in subsections (a), (b)(1), and (d)(1), by striking “Armed Forces” and inserting “armed forces”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(5)(A)(i) · 130 Stat. 2000
Substituted · 10 U.S.C. § 714(a)(6)
Pub. L. 114–328, § 952(c)(5)(A)(i), substituted “Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman” for “Chiefs of the Services”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 114–328, § 952(c)(5)(A)(i), substituted “Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman” for “Chiefs of the Services”.Enacted provision · exact public law section
(i) in paragraph (6), by striking “Chiefs of the Services” and inserting “Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(5)(A)(ii) · 130 Stat. 2000
Redesignated · 10 U.S.C. § 714(a)(7); 10 U.S.C. § 714(a)(8)
Pub. L. 114–328, § 952(c)(5)(A)(ii), (iii), redesignated par. (8) as (7)
Struck · 10 U.S.C. § 714(a)(7); 10 U.S.C. § 714(a)(8)
Pub. L. 114–328, § 952(c)(5)(A)(ii), (iii), struck out former par. (7) which read as follows: “Chief of the National Guard Bureau.”
Source evidence
Code amendment note
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.”.Enacted provision · exact public law section
(ii) by striking paragraph (7); andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(4)(A) · 130 Stat. 2000
Substituted · 10 U.S.C. § 714(b)(1)
Pub. L. 114–328, § 952(c)(4)(A), (5)(B), in introductory provisions, substituted “armed forces” for “Armed Forces”
Substituted · 10 U.S.C. § 714(b)(1)
Pub. L. 114–328, § 952(c)(4)(A), (5)(B), in introductory provisions, substituted “through (7)” for “through (8)”
Source evidence
Code amendment note
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)”.Enacted provision · exact public law section
(A) in subsections (a), (b)(1), and (d)(1), by striking “Armed Forces” and inserting “armed forces”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(6) · 130 Stat. 2000
Struck and inserted · 10 U.S.C. § 714(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 Department of Defense”
Source evidence
Code amendment note
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 Department of Defense”.Enacted provision · exact public law section
(6) Amendments for consistency with title 10 usage as to “military member”.— Subsection (b)(2)(A) of such section is amended— (A) by striking “, military member,”; and (B) by inserting after “of the Department of Defense” the following: “or member of the armed forces”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(4)(B) · 130 Stat. 2000
Substituted · 10 U.S.C. § 714(c)
Pub. L. 114–328, § 952(c)(4)(B), substituted “section, the terms ‘qualified members of the armed forces’ and” for “section:
Source evidence
Code amendment note
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 Services 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.
Enacted provision · exact public law section
(B) in subsection (c)— (i) by striking “section:” and all that follows through “Forces’ and” and inserting “section, the terms ‘qualified members of the armed forces’ and”; and (ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and realigning the left margin of such paragraphs, as so redesignated, two ems to the left; andNational Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(4)(A) · 130 Stat. 2000
Substituted · 10 U.S.C. § 714(d)(1)
Pub. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces”.Enacted provision · exact public law section
(A) in subsections (a), (b)(1), and (d)(1), by striking “Armed Forces” and inserting “armed forces”;National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 952(c)(4)(C) · 130 Stat. 2000
Struck · 10 U.S.C. § 714(d)(2)
Pub. L. 114–328, § 952(c)(4)(C), struck out “, United States Code” after “title 18”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 114–328, § 952(c)(4)(C), struck out “, United States Code” after “title 18”.Enacted provision · exact public law section
(C) in subsection (d)(2), by striking “, United States Code”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 529A(a)(1) · 137 Stat. 136
Substituted · 10 U.S.C. § 714(b)(1)(A)
Pub. L. 118–31, § 529A(a)(1), substituted “serious and credible threat” for “imminent and credible threat”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 118–31, § 529A(a)(1), substituted “serious and credible threat” for “imminent and credible threat”.Enacted provision · exact public law section
(1) in paragraph (1)(A), by striking “imminent and credible threat” and inserting “serious and credible threat”;National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 529A(a)(2) · 137 Stat. 136
Struck · 10 U.S.C. § 714(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 Department” before period at end
Source evidence
Code amendment note
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 Department” before period at end.Enacted provision · exact public law section
(2) in paragraph (2)(B), by striking “for a period of up to two years beginning on the date on which the official separates from the Department”;National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 529A(a)(3) · 137 Stat. 136
Amended · 10 U.S.C. § 714(b)(5)
Pub. L. 118–31, § 529A(a)(3), amended par. (5) generally. Prior to amendment, par. (5) consisted of subpars. (A) to (C) relating to initial period of protection, subsequent period of protection, and requirement for compliance with regulations, respectively
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 118–31, § 529A(a)(3), amended par. (5) generally. Prior to amendment, par. (5) consisted of subpars. (A) to (C) relating to initial period of protection, subsequent period of protection, and requirement for compliance with regulations, respectively.Enacted provision · exact public law section
(3) by amending paragraph (5) to read as follows: “(5) Duration of protection.— The Secretary of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under this subsection.” ; andNational Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 529A(a)(4) · 137 Stat. 136
Struck · 10 U.S.C. § 714(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 individual”
Source evidence
Code amendment note
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 individual”.Enacted provision · exact public law section
(4) in paragraph (6)(A), by striking “and of each determination under paragraph (5)(B) to extend such protection and security”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 529A(b) · 137 Stat. 136
Added · 10 U.S.C. § 714(e)
Pub. L. 118–31, § 529A(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–31, § 529A(b), added subsec. (e).Enacted provision · exact public law section
(b) Authorization of Reimbursement or Acquisition of Security Services.— Such section 714, as amended by subsection (a), is further amended by adding at the end the following: “(e) Reimbursement.— The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement.” .Pub. L. 118–159 § 522(a)(1) · 138 Stat. 1883
Struck · 10 U.S.C. § 714
Pub. L. 118–159, § 522(a)(1), which directed striking out “within the united states” in section catchline, was executed by striking out “within the United States” after “provide protection” to reflect the probable intent of Congress and the style used in the catchline of this section
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–159, § 522(a)(1), which directed striking out “within the united states” in section catchline, was executed by striking out “within the United States” after “provide protection” to reflect the probable intent of Congress and the style used in the catchline of this section.Pub. L. 118–159 § 522(a)(2) · 138 Stat. 1883
Struck · 10 U.S.C. § 714(a); 10 U.S.C. § 714(b)(1)
Pub. L. 118–159, § 522(a)(2), (3), struck out “within the United States” after “personal security” in introductory provisions
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (a), (b)(1). Pub. L. 118–159, § 522(a)(2), (3), struck out “within the United States” after “personal security” in introductory provisions.Pub. L. 118–159 § 1701(a)(16) · 138 Stat. 1883
Substituted · 10 U.S.C. § 714(b)(1)(A)
Pub. L. 118–159, § 1701(a)(16), substituted “a serious” for “an serious”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 118–159, § 1701(a)(16), substituted “a serious” for “an serious”.Pub. L. 118–159 § 522(b) · 138 Stat. 1883
Inserted · 10 U.S.C. § 714(b)(3)
Pub. L. 118–159, § 522(b), inserted “or the Under Secretary of Defense for Intelligence and Security” after “only to the Deputy Secretary of Defense”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 118–159, § 522(b), inserted “or the Under Secretary of Defense for Intelligence and Security” after “only to the Deputy Secretary of Defense”.Pub. L. 118–159 § 522(c) · 138 Stat. 1883
Inserted · 10 U.S.C. § 714(b)(4)
Pub. L. 118–159, § 522(c), inserted “whether” before “to provide”
Substituted · 10 U.S.C. § 714(b)(4)
Pub. L. 118–159, § 522(c), substituted “any authorized” for “the authorized”
Substituted · 10 U.S.C. § 714(b)(4)
Pub. L. 118–159, § 522(c), substituted “any arrangements for such” for “the arrangements for the”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 118–159, § 522(c), inserted “whether” before “to provide”, and substituted “any authorized” for “the authorized” and “any arrangements for such” for “the arrangements for the”.Pub. L. 118–159 § 522(d) · 138 Stat. 1883
Substituted · 10 U.S.C. § 714(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 paragraph (4) to provide protection and security to an individual”
Inserted · 10 U.S.C. § 714(b)(6)(A)
Pub. L. 118–159, § 522(d), inserted at end “In the case of determination to continue protection and security, the Secretary shall make such submission not less than twice each year.”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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 paragraph (4) to provide protection and security to an individual” and inserted at end “In the case of determination to continue protection and security, the Secretary shall make such submission not less than twice each year.”Pub. L. 118–159 § 522(e) · 138 Stat. 1883
Added · 10 U.S.C. § 714(b)(7)
Pub. L. 118–159, § 522(e), added par. (7)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 118–159, § 522(e), added par. (7).Pub. L. 119–60 § 1042(3) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(b)
Pub. L. 119–60, § 1042(3), added subsec. (b). Former subsec. (b) redesignated (c)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 119–60, § 1042(3), added subsec. (b). Former subsec. (b) redesignated (c).Pub. L. 119–60 § 1042(2) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(c)
Pub. L. 119–60, § 1042(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (h)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–60, § 1042(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (h).Pub. L. 119–60 § 1042(4)(A) · 139 Stat. 1035
Substituted · 10 U.S.C. § 714(c)(1)
Pub. L. 119–60, § 1042(4)(A), substituted “subsection (a) or (b)” for “paragraphs (1) through (7) of subsection (a)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 119–60, § 1042(4)(A), substituted “subsection (a) or (b)” for “paragraphs (1) through (7) of subsection (a)”.Pub. L. 119–60 § 1042(4)(B) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(c)(4); 10 U.S.C. § 714(c)(5)
Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4)
Struck · 10 U.S.C. § 714(c)(4); 10 U.S.C. § 714(c)(5)
Pub. L. 119–60, § 1042(4)(B), struck out former pars. (4) and (5) which related to requirement for written determination and duration of protection, respectively
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(4), (5). Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4) and struck out former pars. (4) and (5) which related to requirement for written determination and duration of protection, respectively.Pub. L. 119–60 § 1042(4)(B) · 139 Stat. 1035
Struck · 10 U.S.C. § 714(c)(6)
Pub. L. 119–60, § 1042(4)(B), struck out par. (6) which related to submission to Congress of certain determinations and regulations and guidelines
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(6). Pub. L. 119–60, § 1042(4)(B), struck out par. (6) which related to submission to Congress of certain determinations and regulations and guidelines.Pub. L. 119–60 § 1701(a)(12) · 139 Stat. 1035
Inserted · 10 U.S.C. § 714(c)(6)(A)
Pub. L. 119–60, § 1701(a)(12), which directed amendment of subsec. (b)(6)(A) by inserting “a” before “determination” in the second sentence, could not be executed because of the intervening amendment by Pub. L. 119–60, § 1042(2), (4)(B)
Redesignated · 10 U.S.C. § 714(c)(6)(A)
Pub. L. 119–60, § 1701(a)(12), which directed amendment of subsec. (b)(6)(A) by redesignating subsec. (b) as (c)
Struck · 10 U.S.C. § 714(c)(6)(A)
Pub. L. 119–60, § 1701(a)(12), which directed amendment of subsec. (b)(6)(A) by striking par. (6). See above
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(6)(A). Pub. L. 119–60, § 1701(a)(12), which directed amendment of subsec. (b)(6)(A) by inserting “a” before “determination” in the second sentence, could not be executed because of the intervening amendment by Pub. L. 119–60, § 1042(2), (4)(B), redesignating subsec. (b) as (c) and striking par. (6). See above.Pub. L. 119–60 § 1042(4)(B) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(c)(7)
Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(7). Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4).Pub. L. 119–60 § 1042(5) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(d)(g)
Pub. L. 119–60, § 1042(5), added subsecs. (d) to (g). Former subsecs. (d) and (e) redesignated (i) and (j)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (d) to (g). Pub. L. 119–60, § 1042(5), added subsecs. (d) to (g). Former subsecs. (d) and (e) redesignated (i) and (j).Pub. L. 119–60 § 1042(1) · 139 Stat. 1035
Redesignated · 10 U.S.C. § 714(h)(j)
Pub. L. 119–60, § 1042(1), redesignated subsecs. (c) to (e) as (h) to (j), respectively
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (h) to (j). Pub. L. 119–60, § 1042(1), redesignated subsecs. (c) to (e) as (h) to (j), respectively.
16 of 38 references resolved to an enrolled provision · 22 unresolved
Editorial Notes
Codification
Text of section, as added by Pub. L. 114–328, is based on text of subsecs. (a) to (d) of section 1074 of Pub. L. 110–181, div. A, title X, , 122 Stat. 330, as amended, which was formerly set out as a note under section 113 of this title, prior to repeal by Pub. L. 114–328, div. A, title IX, § 952(c)(3), , 130 Stat. 2375.
Prior Provisions
A prior section 714, added Pub. L. 105–85, div. A, title V, § 597(a), , 111 Stat. 1766, related to required grade of officer selected for assignment to position of defense attaché to United States embassy in France, prior to repeal by Pub. L. 108–136, div. A, title V, § 503(a), , 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), , 74 Stat. 246.
Amendments2016–2025 · 4 rounds
2025
Subsec. (b). Pub. L. 119–60, § 1042(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 119–60, § 1042(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (h).
Subsec. (c)(1). Pub. L. 119–60, § 1042(4)(A), substituted “subsection (a) or (b)” for “paragraphs (1) through (7) of subsection (a)”.
Subsec. (c)(4), (5). Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4) and struck out former pars. (4) and (5) which related to requirement for written determination and duration of protection, respectively.
Subsec. (c)(6). Pub. L. 119–60, § 1042(4)(B), struck out par. (6) which related to submission to Congress of certain determinations and regulations and guidelines.
Subsec. (c)(6)(A). Pub. L. 119–60, § 1701(a)(12), which directed amendment of subsec. (b)(6)(A) by inserting “a” before “determination” in the second sentence, could not be executed because of the intervening amendment by Pub. L. 119–60, § 1042(2), (4)(B), redesignating subsec. (b) as (c) and striking par. (6). See above.
Subsec. (c)(7). Pub. L. 119–60, § 1042(4)(B), redesignated par. (7) as (4).
Subsecs. (d) to (g). Pub. L. 119–60, § 1042(5), added subsecs. (d) to (g). Former subsecs. (d) and (e) redesignated (i) and (j).
Subsecs. (h) to (j). Pub. L. 119–60, § 1042(1), redesignated subsecs. (c) to (e) as (h) to (j), respectively.
2024
Pub. L. 118–159, § 522(a)(1), which directed striking out “within the united states” in section catchline, was executed by striking out “within the United States” after “provide protection” to reflect the probable intent of Congress and the style used in the catchline 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), substituted “a serious” for “an serious”.
Subsec. (b)(3). Pub. L. 118–159, § 522(b), inserted “or the Under Secretary of Defense for Intelligence and Security” after “only to the Deputy Secretary of Defense”.
Subsec. (b)(4). Pub. L. 118–159, § 522(c), inserted “whether” before “to provide”, and substituted “any authorized” for “the authorized” and “any arrangements 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 paragraph (4) to provide protection and security to an individual” and inserted at end “In the case of determination 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 “imminent 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 Department” before period at end.
Subsec. (b)(5). Pub. L. 118–31, § 529A(a)(3), amended par. (5) generally. Prior to amendment, par. (5) consisted of subpars. (A) to (C) relating to initial period of protection, subsequent period of protection, and requirement for compliance with regulations, respectively.
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 individual”.
Subsec. (e). Pub. L. 118–31, § 529A(b), added subsec. (e).
2016
Subsec. (a). Pub. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces” in introductory provisions.
Subsec. (a)(6). Pub. L. 114–328, § 952(c)(5)(A)(i), substituted “Members of the Joint Chiefs of Staff in addition 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 Department 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 Services 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), substituted “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 Security for Former Department of Defense Officials
Pub. L. 117–263, div. A, title XI, § 1105, , 136 Stat. 2817, provided authority to provide security for former Department of Defense Officials from , to .
Credits
2016–2025 · 4 acts
- 2016Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), , 130 Stat. 2375, 2376
- 2023Pub. L. 118–31, div. A, title V, § 529A, , 137 Stat. 256
- 2024Pub. L. 118–159, div. A, title V, § 522, title XVII, § 1701(a)(16), , 138 Stat. 1883, 2204
- 2025Pub. L. 119–60, div. A, title X, § 1042, title XVII, § 1701(a)(12), , 139 Stat. 1035, 1208.
Show as published
(Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), , 130 Stat. 2375, 2376; Pub. L. 118–31, div. A, title V, § 529A, , 137 Stat. 256; Pub. L. 118–159, div. A, title V, § 522, title XVII, § 1701(a)(16), , 138 Stat. 1883, 2204; Pub. L. 119–60, div. A, title X, § 1042, title XVII, § 1701(a)(12), , 139 Stat. 1035, 1208.)