§ 716. Commissioned officers: transfers among the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service

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.

1. 1958

   Department of Defense Reorganization Act of 1958

   Pub. L. 85–599 § 11(2) · 72 Stat. 514

   Enacted · 10 U.S.C. § 716

   Added Pub. L. 85–599, § 11(2), Aug. 6, 1958, 72 Stat. 521

   Source evidence

   Code source credit
   Added Pub. L. 85–599, § 11(2), Aug. 6, 1958, 72 Stat. 521

   Enacted provision · exact public law section
   (2) By adding the following new section at the end: “§ 716. Commissioned officers: transfers between Army, Navy, Air Force, and Marine Corps “Notwithstanding any other provision of law, the President may, within authorized strengths, transfer any commissioned officer with his consent from the Army, Navy, Air Force, or Marine Corps to, and appoint him in, any other of those armed forces. The Secretary of Defense shall establish, by regulations approved by the President, policies and procedures for such transfers and appointments. No officer transferred pursuant to this authority shall be assigned precedence or relative rank higher than that which he held on the day prior to such transfer.”

2. 1970

   Pub. L. 91–392 § 1 · 84 Stat. 834

   1. Substituted · 10 U.S.C. § 716

      Pub. L. 91–392 substituted “armed forces” for “Army, Navy, Air Force, and 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

   2. Substituted · 10 U.S.C. § 716

      Pub. L. 91–392 substituted “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

   Source evidence

   Code amendment note
   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.

3. 1980

   Pub. L. 96–215 § 2(a) · 94 Stat. 123

   1. Inserted · 10 U.S.C. § 716

      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)

   2. Redesignated · 10 U.S.C. § 716

      Pub. L. 96–215 inserted references to National Oceanic and Atmospheric Administration and to Secretary of Commerce in subsec. (a) as so redesignated

   3. Added · 10 U.S.C. § 716

      Pub. L. 96–215 added subsec. (b)(2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Section 716 of title 10, United States Code, is amended to read as follows: “§716. Commissioned officers: transfers between armed forces and to and from National Oceanic and Atmospheric Administration “(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 Regulations. 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.”.

4. 1982

   Pub. L. 97–295 § 1(10) · 96 Stat. 1287

   Struck · 10 U.S.C. § 716(a)

   Pub. L. 97–295 struck out the comma after “policies”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295 struck out the comma after “policies”.

   Enacted provision · exact public law section
   (10) Section 716(a) is amended by striking out the comma after 10 USC 716. “policies”.

5. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title X § 1007(a)(1) · 97 Stat. 614

   1. Amended · 10 U.S.C. § 716

      Pub. L. 98–94 amended section generally

   2. Substituted · 10 U.S.C. § 716

      Pub. L. 98–94 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

   3. Added · 10 U.S.C. § 716

      Pub. L. 98–94 adding subsec. (c). Prior to amendment subsecs. (a) and (b) read as follows:

   Source evidence

   Code amendment note
   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.”

6. 1986

   Pub. L. 99–348 title III § 304(a)(1) · 100 Stat. 682

   Struck · 10 U.S.C. § 716(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Section 716 is amended by striking out subsection (c). 10 USC 716.

7. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

   Substituted · 10 U.S.C. § 716(a)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

   Effective date note
   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.

7 of 12 references resolved to an enrolled provision · 5 partial