---
kind: "section"
citation: "10 U.S.C. § 714"
title: "10"
title_heading: "Armed Forces"
number: "714"
heading: "Senior leaders of the Department of Defense and other specified persons: authority to provide protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/714"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 41 — Special Appointments, Assignments, Details, and Duties"
---

# §714. Senior leaders of the Department of Defense and other specified persons: authority to provide protection

- (a) **Protection for Department Leadership.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) and in accordance with guidelines approved by the [Secretary](/usc/10/4951.md?p=3) and the Attorney General, may authorize qualified members of the [armed forces](/usc/10/101.md?p=a-4) and qualified civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense to provide physical protection and personal security to the following [persons](/usc/10/2700.md?p=2) who, by nature of their positions, require continuous security and protection:
  - (1) [Secretary](/usc/10/4951.md?p=3) of Defense.
  - (2) Deputy [Secretary](/usc/10/4951.md?p=3) of Defense.
  - (3) Chairman of the Joint Chiefs of Staff.
  - (4) Vice Chairman of the Joint Chiefs of Staff.
  - (5) [Secretaries](/usc/10/4951.md?p=3) of the [military departments](/usc/10/101.md?p=a-8).
  - (6) Members of the Joint Chiefs of Staff in addition to the Chairman and Vice Chairman.
  - (7) Commanders of combatant commands.
- (b) **Protection for Former or Retired Department Leadership.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) and in accordance with guidelines approved by the [Secretary](/usc/10/4951.md?p=3) and the Attorney General, may authorize qualified members of the [armed forces](/usc/10/101.md?p=a-4) and qualified civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense to provide physical protection and personal security to a former or retired official who—
  - (1) previously served in a position identified in paragraphs [(1)](#b-1) through (7)[^1]; and
  - (2) faces serious and credible threats arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Protection for Additional Personnel.—**
  - (1) **Authority to provide.—** The [Secretary](/usc/10/4951.md?p=3) of Defense, under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) and in accordance with guidelines approved by the [Secretary](/usc/10/4951.md?p=3) and the Attorney General, may authorize qualified members of the [armed forces](/usc/10/101.md?p=a-4) and qualified civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense to provide physical protection and personal security to individuals other than individuals described in subsection [(a)](#a) or [(b)](#b) if the [Secretary](/usc/10/4951.md?p=3) determines that such protection and security are necessary because—
    - (A) there is a serious and credible threat to the safety of the individual for whom protection is to be provided; or
    - (B) compelling operational considerations make such protection essential to the conduct of official [Department](/usc/10/101.md?p=a-6) of Defense business.
  - (2) **Personnel.—** Individuals authorized to receive physical protection and personal security under this subsection include the following:
    - (A) Any official or employee of the [Department](/usc/10/101.md?p=a-6) of Defense or member of the [armed forces](/usc/10/101.md?p=a-4).
    - (B) A former or retired official who faces serious and credible threats arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6).
    - (C) A head of a foreign [state](/usc/10/4951.md?p=4), an official representative of a foreign government, or any other distinguished foreign visitor to the [United States](/usc/10/101.md?p=a-1) who is primarily conducting official business with the [Department](/usc/10/101.md?p=a-6) of Defense.
    - (D) Any [member of the immediate family](/usc/10/1513.md?p=5) of a [person](/usc/10/2700.md?p=2) authorized to receive physical protection and personal security under this section.
    - (E) An individual who has been designated by the President, and who has received the advice and consent of the Senate, to serve as [Secretary](/usc/10/4951.md?p=3) of Defense, but who has not yet been appointed as [Secretary](/usc/10/4951.md?p=3) of Defense.
  - (3) **Limitation on delegation.—** The authority of the [Secretary](/usc/10/4951.md?p=3) of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy [Secretary](/usc/10/4951.md?p=3) of Defense or the Under [Secretary](/usc/10/4951.md?p=3) of Defense for Intelligence and Security.
  - (4) **Temporary protection.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may temporarily provide physical protection and personal security under this subsection to an individual—
    - (A) pending the determination of the [Secretary](/usc/10/4951.md?p=3) under [paragraph (4)](#c-4) regarding such individual; and
    - (B) for a period not to exceed 30 days.
- (d) **Requirement for Written Determination.—** A determination of the [Secretary](/usc/10/4951.md?p=3) of Defense whether to provide physical protection and personal security under subsection [(b)](#b) or [(c)](#c), or reimbursement under [subsection (h)](#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](/usc/10/101.md?p=b-1), employee, or other individual affected, the reason for such determination, the duration of any authorized protection and security for such [officer](/usc/10/101.md?p=b-1), employee, or individual, and the nature of any arrangements for such protection and security.
- (e) **Duration of Protection.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall require periodic reviews, not less than once every six months, of the duration of protection provided to individuals under subsection [(b)](#b) or [(c)](#c).
- (f) **Submissions to Congress.—**
  - (1) **In general.—** Except as provided in [paragraph (4)](#f-4), the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the congressional defense committee determinations made pursuant to this section as follows:
    - (A) An initial determination made under [subsection (d)](#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.
    - (B) A determination to deny the renewal of physical protection and security under subsection [(b)](#b) or [(c)](#c), or reimbursement under [subsection (j)](#j), not later than 15 days after the date on which the determination is made, including—
      - (i) the justification for such determination;
      - (ii) a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
      - (iii) a certification that threats to the individual arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6) of Defense can be sufficiently mitigated without physical protection and security or reimbursement.
    - (C) A determination to terminate physical protection and security under subsection [(b)](#b) or [(c)](#c), or reimbursement under [subsection (j)](#j), during a previously authorized period of protection, not later than 48 hours after the date on which the determination is made, including—
      - (i) the justification for such determination;
      - (ii) a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
      - (iii) a certification that threats to the individual arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6) of Defense can be sufficiently mitigated without protection and security or reimbursement.
    - (D) A determination to deny a request for reimbursement of an individual described in [subsection (b)](#b), not later than 15 days after the date on which the determination is made, including—
      - (i) the justification for such determination;
      - (ii) a current threat assessment by an appropriate law enforcement, security, or intelligence organization; and
      - (iii) a certification that threats to the individual arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6) of Defense can be sufficiently mitigated without reimbursement.
  - (2) **Form of report.—** A report submitted under [paragraph (1)](#f-1) may be made in classified form.
  - (3) **Regulations and guidelines.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) the regulations and guidelines prescribed pursuant to subsections [(b)](#b) and [(c)(1)](#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.
  - (4) **Exceptions.—** [Paragraph (1)](#f-1) does not apply to determinations made with respect to the following individuals:
    - (A) An individual described in [subsection (c)(2)(C)](#c-2-C) who is otherwise sponsored by the [Secretary](/usc/10/4951.md?p=3) of Defense, the Deputy [Secretary](/usc/10/4951.md?p=3) of Defense, the Chairman of the Joint Chiefs of Staff, or the Vice Chairman of the Joint Chiefs of Staff.
    - (B) An individual described in [subsection (c)(2)(E)](#c-2-E).
- (g) **Notification to Certain Protected Personnel.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall provide written notification to any individual receiving physical protection and personal security under subsection [(a)](#a) or [(b)](#b), or reimbursement under [subsection (j)](#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.
- (h) **Definitions.—** In this section, the terms “qualified members of the [armed forces](/usc/10/101.md?p=a-4)” and “qualified civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense” refer collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following:
  - (1) The Army Criminal Investigation Command.
  - (2) The Naval Criminal Investigative Service.
  - (3) The Air Force Office of Special Investigations.
  - (4) The Defense Criminal Investigative Service.
  - (5) The Pentagon Force Protection [Agency](/usc/10/3451.md?p=3).
- (i) **Construction.—**
  - (1) **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](/usc/10/101.md?p=a-4) and qualified civilian employees of the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (2) **Posse comitatus.—** Nothing in this section shall be construed to abridge [section 1385 of title 18](/usc/18/1385.md).
  - (3) **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](/usc/10/4951.md?p=3) of Defense or other [Department](/usc/10/101.md?p=a-6) of Defense officials, or the duties and authorities of the Secretary of State, the Director of the [United States](/usc/10/101.md?p=a-1) Secret Service, the Director of the [United States](/usc/10/101.md?p=a-1) Marshals Service, or any other Federal law enforcement [agency](/usc/10/3451.md?p=3).
- (j) **Reimbursement.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/4951.md?p=3) of Defense for such reimbursement.

## Footnotes

[^1]: So in original. Probably should be followed by “of subsection (a)”.

## Source credit

(Added and amended Pub. L. 114–328, div. A, title IX, § 952(c)(1), (4)–(6), Dec. 23, 2016, 130 Stat. 2375, 2376; Pub. L. 118–31, div. A, title V, § 529A, Dec. 22, 2023, 137 Stat. 256; Pub. L. 118–159, div. A, title V, § 522, title XVII, § 1701(a)(16), Dec. 23, 2024, 138 Stat. 1883, 2204; Pub. L. 119–60, div. A, title X, § 1042, title XVII, § 1701(a)(12), Dec. 18, 2025, 139 Stat. 1035, 1208.)

## Notes

### 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, 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 Pub. L. 114–328, div. A, title IX, § 952(c)(3), Dec. 23, 2016, 130 Stat. 2375.

### Prior Provisions

A prior section 714, added Pub. 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 Pub. 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 Pub. L. 86–533, § 1(5)(A), June 29, 1960, 74 Stat. 246.

### Amendments

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, Dec. 23, 2022, 136 Stat. 2817, provided authority to provide security for former Department of Defense Officials from Dec. 23, 2022, to Jan. 1, 2024.