10 USC 714 - Senior leaders of the Department of Defense and other specified persons: authority to provide protection within the United States

1 See Temporary Extension of Authority To Provide Security for Former Department of Defense Officials note below.

2 So in original. Probably should be “a”.

serious and credible threat to the safety of the individual for whom protection is to be provided; or

Editorial Notes

Codification

Text of section, as added by Puspan. L. 114–328, is based on text of subsecs. (a) to (d) of section 1074 of Puspan. L. 110–181, div. A, title X, Jan. 28, 2008, 122 Stat. 330, as amended, which was formerly set out as a note under section 113 of this title, prior to repeal by Puspan. L. 114–328, div. A, title IX, § 952(c)(3), Dec. 23, 2016, 130 Stat. 2375.

Prior Provisions

A prior section 714, added Puspan. L. 105–85, div. A, title V, § 597(a), Nov. 18, 1997, 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 Puspan. L. 108–136, div. A, title V, § 503(a), Nov. 24, 2003, 117 Stat. 1456.

Another prior section 714, act Aug. 10, 1956, ch. 1041, 70A Stat. 33, related to reports to Congress on length of tours of duty outside the United States by members of the Army and Air Force, prior to repeal by Puspan. L. 86–533, § 1(5)(A), June 29, 1960, 74 Stat. 246.

Amendments

2023—Subsec. (span)(1)(A). Puspan. L. 118–31, § 529A(a)(1), substituted “serious and credible threat” for “imminent and credible threat”.

Subsec. (span)(2)(B). Puspan. 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. (span)(5). Puspan. 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. (span)(6)(A). Puspan. 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). Puspan. L. 118–31, § 529A(span), added subsec. (e).

2016—Subsec. (a). Puspan. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces” in introductory provisions.

Subsec. (a)(6). Puspan. 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). Puspan. 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. (span)(1). Puspan. 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. (span)(2)(A). Puspan. 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). Puspan. 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). Puspan. L. 114–328, § 952(c)(4)(A), substituted “armed forces” for “Armed Forces”.

Subsec. (d)(2). Puspan. 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

Puspan. L. 117–263, div. A, title XI, § 1105, Dec. 23, 2022, 136 Stat. 2817, provided that: “During the period beginning on the date of enactment of this Act [Dec. 23, 2022] and ending on January 1, 2024, subsection (span) of section 714 of title 10, United States Code, shall be applied—

“(1) in paragraph (1)(A), by substituting ‘a serious and credible threat’ for ‘an imminent and credible threat’;

“(2) in paragraph (2)(B), by substituting ‘three years’ for ‘two years’; and

“(3) in paragraph (6)(A), by substituting—

“(A) ‘congressional leadership and the congressional defense committees’ for ‘the congressional defense committees’; and

“(B) by substituting ‘the justification for such determination, scope of the protection, and the anticipated cost and duration of such protection’ for ‘the justification for such determination’.”