PRIA, Government Policy, Made Personal

Summary

The President may send members of the Army, Navy, Air Force, Marine Corps, or Space Force to help another country’s military if that country asks and the President thinks it is in the public interest. That includes republics in North, Central, and South America, the Republic of Cuba, Haiti, and Santo Domingo, and in a war or a declared national emergency, other countries needed for national defense. With the military department Secretary’s prior approval, an assigned member may accept a job or office from the host country and will get credit for that time as if it were U.S. military service. The President may also arrange for the country to reimburse or share the costs.

Title 10, §712

Armed Forces, Source: USLM XML via OLRC

(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, Marine Corps, and Space Force 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 712(a) 712(b)10:540 (less provisos).34:441a (less provisos).10:540 (provisos).34:441a (provisos).

May 19, 1926, ch. 334, 44 Stat, 565;

May 14, 1935, ch. 109, 49 Stat. 218; 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.

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps” in introductory provisions. 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1958 Amendment Pub. L. 85–477, ch. V, § 502(k),

June 30, 1958, 72 Stat. 275, provided that the amendment made by that section is effective nine months after

June 30, 1958.

§712 Foreign Governments: Detail to Assist