§ 101. — Definitions.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 10USC101]
TITLE 10--ARMED FORCES
Subtitle A--General Military Law
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 1--DEFINITIONS
Sec. 101. Definitions
(a) In General.--The following definitions apply in this title:
(1) The term ``United States'', in a geographic sense, means the
States and the District of Columbia.
(2) The term ``Territory'' (except as provided in section 101(1)
of title 32 for laws relating to the militia, the National Guard,
the Army National Guard of the United States, and the Air National
Guard of the United States) means any Territory organized after
August 10, 1956, so long as it remains a Territory.
(3) The term ``possessions'' includes the Virgin Islands, Guam,
American Samoa, and the Guano Islands, so long as they remain
possessions, but does not include any Territory or Commonwealth.
(4) The term ``armed forces'' means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(5) The term ``uniformed services'' means--
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and
Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term ``department'', when used with respect to a
military department, means the executive part of the department and
all field headquarters, forces, reserve components, installations,
activities, and functions under the control or supervision of the
Secretary of the department. When used with respect to the
Department of Defense, such term means the executive part of the
department, including the executive parts of the military
departments, and all field headquarters, forces, reserve components,
installations, activities, and functions under the control or
supervision of the Secretary of Defense, including those of the
military departments.
(7) The term ``executive part of the department'' means the
executive part of the Department of Defense, Department of the Army,
Department of the Navy, or Department of the Air Force, as the case
may be, at the seat of government.
(8) The term ``military departments'' means the Department of
the Army, the Department of the Navy, and the Department of the Air
Force.
(9) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard when
it is operating as a service in the Department of the Navy;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard when it is not operating as a
service in the Department of the Navy.
(10) The term ``service acquisition executive'' means the
civilian official within a military department who is designated as
the service acquisition executive for purposes of regulations and
procedures providing for a service acquisition executive for that
military department.
(11) The term ``Defense Agency'' means an organizational entity
of the Department of Defense--
(A) that is established by the Secretary of Defense under
section 191 of this title (or under the second sentence of
section 125(d) of this title (as in effect before October 1,
1986)) to perform a supply or service activity common to more
than one military department (other than such an entity that is
designated by the Secretary as a Department of Defense Field
Activity); or
(B) that is designated by the Secretary of Defense as a
Defense Agency.
(12) The term ``Department of Defense Field Activity'' means an
organizational entity of the Department of Defense--
(A) that is established by the Secretary of Defense under
section 191 of this title (or under the second sentence of
section 125(d) of this title (as in effect before October 1,
1986)) to perform a supply or service activity common to more
than one military department; and
(B) that is designated by the Secretary of Defense as a
Department of Defense Field Activity.
(13) The term ``contingency operation'' means a military
operation that--
(A) is designated by the Secretary of Defense as an
operation in which members of the armed forces are or may become
involved in military actions, operations, or hostilities against
an enemy of the United States or against an opposing military
force; or
(B) results in the call or order to, or retention on, active
duty of members of the uniformed services under section 688,
12301(a), 12302, 12304, 12305, or 12406 of this title, chapter
15 of this title, or any other provision of law during a war or
during a national emergency declared by the President or
Congress.
(14) The term ``supplies'' includes material, equipment, and
stores of all kinds.
(15) The term ``pay'' includes basic pay, special pay, retainer
pay, incentive pay, retired pay, and equivalent pay, but does not
include allowances.
(b) Personnel Generally.--The following definitions relating to
military personnel apply in this title:
(1) The term ``officer'' means a commissioned or warrant
officer.
(2) The term ``commissioned officer'' includes a commissioned
warrant officer.
(3) The term ``warrant officer'' means a person who holds a
commission or warrant in a warrant officer grade.
(4) The term ``general officer'' means an officer of the Army,
Air Force, or Marine Corps serving in or having the grade of
general, lieutenant general, major general, or brigadier general.
(5) The term ``flag officer'' means an officer of the Navy or
Coast Guard serving in or having the grade of admiral, vice admiral,
rear admiral, or rear admiral (lower half).
(6) The term ``enlisted member'' means a person in an enlisted
grade.
(7) The term ``grade'' means a step or degree, in a graduated
scale of office or military rank, that is established and designated
as a grade by law or regulation.
(8) The term ``rank'' means the order of precedence among
members of the armed forces.
(9) The term ``rating'' means the name (such as ``boatswain's
mate'') prescribed for members of an armed force in an occupational
field. The term ``rate'' means the name (such as ``chief boatswain's
mate'') prescribed for members in the same rating or other category
who are in the same grade (such as chief petty officer or seaman
apprentice).
(10) The term ``original'', with respect to the appointment of a
member of the armed forces in a regular or reserve component, refers
to that member's most recent appointment in that component that is
neither a promotion nor a demotion.
(11) The term ``authorized strength'' means the largest number
of members authorized to be in an armed force, a component, a
branch, a grade, or any other category of the armed forces.
(12) The term ``regular'', with respect to an enlistment,
appointment, grade, or office, means enlistment, appointment, grade,
or office in a regular component of an armed force.
(13) The term ``active-duty list'' means a single list for the
Army, Navy, Air Force, or Marine Corps (required to be maintained
under section 620 of this title) which contains the names of all
officers of that armed force, other than officers described in
section 641 of this title, who are serving on active duty.
(14) The term ``medical officer'' means an officer of the
Medical Corps of the Army, an officer of the Medical Corps of the
Navy, or an officer in the Air Force designated as a medical
officer.
(15) The term ``dental officer'' means an officer of the Dental
Corps of the Army, an officer of the Dental Corps of the Navy, or an
officer of the Air Force designated as a dental officer.
(c) Reserve Components.--The following definitions relating to the
reserve components apply in this title:
(1) The term ``National Guard'' means the Army National Guard
and the Air National Guard.
(2) The term ``Army National Guard'' means that part of the
organized militia of the several States and Territories, Puerto
Rico, and the District of Columbia, active and inactive, that--
(A) is a land force;
(B) is trained, and has its officers appointed, under the
sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
(D) is federally recognized.
(3) The term ``Army National Guard of the United States'' means
the reserve component of the Army all of whose members are members
of the Army National Guard.
(4) The term ``Air National Guard'' means that part of the
organized militia of the several States and Territories, Puerto
Rico, and the District of Columbia, active and inactive, that--
(A) is an air force;
(B) is trained, and has its officers appointed, under the
sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
(D) is federally recognized.
(5) The term ``Air National Guard of the United States'' means
the reserve component of the Air Force all of whose members are
members of the Air National Guard.
(6) The term ``reserve'', with respect to an enlistment,
appointment, grade, or office, means enlistment, appointment, grade,
or office held as a Reserve of one of the armed forces.
(7) The term ``reserve active-status list'' means a single list
for the Army, Navy, Air Force, or Marine Corps (required to be
maintained under section 14002 of this title) that contains the
names of all officers of that armed force except warrant officers
(including commissioned warrant officers) who are in an active
status in a reserve component of the Army, Navy, Air Force, or
Marine Corps and are not on an active-duty list.
(d) Duty Status.--The following definitions relating to duty status
apply in this title:
(1) The term ``active duty'' means full-time duty in the active
military service of the United States. Such term includes full-time
training duty, annual training duty, and attendance, while in the
active military service, at a school designated as a service school
by law or by the Secretary of the military department concerned.
Such term does not include full-time National Guard duty.
(2) The term ``active duty for a period of more than 30 days''
means active duty under a call or order that does not specify a
period of 30 days or less.
(3) The term ``active service'' means service on active duty or
full-time National Guard duty.
(4) The term ``active status'' means the status of a member of a
reserve component who is not in the inactive Army National Guard or
inactive Air National Guard, on an inactive status list, or in the
Retired Reserve.
(5) The term ``full-time National Guard duty'' means training or
other duty, other than inactive duty, performed by a member of the
Army National Guard of the United States or the Air National Guard
of the United States in the member's status as a member of the
National Guard of a State or territory, the Commonwealth of Puerto
Rico, or the District of Columbia under section 316, 502, 503, 504,
or 505 of title 32 for which the member is entitled to pay from the
United States or for which the member has waived pay from the United
States.
(6)(A) The term ``active Guard and Reserve duty'' means active
duty or full-time National Guard duty performed by a member of a
reserve component of the Army, Navy, Air Force, or Marine Corps, or
full-time National Guard duty performed by a member of the National
Guard, pursuant to an order to active duty or full-time National
Guard duty for a period of 180 consecutive days or more for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve Forces Policy
Board provided for under section 10301 of this title.
(ii) Duty performed as a property and fiscal officer under
section 708 of title 32.
(iii) Duty performed for the purpose of interdiction and
counter-drug activities for which funds have been provided under
section 112 of title 32.
(iv) Duty performed as a general or flag officer.
(v) Service as a State director of the Selective Service
System under section 10(b)(2) of the Military Selective Service
Act (50 U.S.C. App. 460(b)(2)).
(7) The term ``inactive-duty training'' means--
(A) duty prescribed for Reserves by the Secretary concerned
under section 206 of title 37 or any other provision of law; and
(B) special additional duties authorized for Reserves by an
authority designated by the Secretary concerned and performed by
them on a voluntary basis in connection with the prescribed
training or maintenance activities of the units to which they
are assigned.
Such term includes those duties when performed by Reserves in their
status as members of the National Guard.
(e) Rules of Construction.--In this title--
(1) ``shall'' is used in an imperative sense;
(2) ``may'' is used in a permissive sense;
(3) ``no person may * * *'' means that no person is required,
authorized, or permitted to do the act prescribed;
(4) ``includes'' means ``includes but is not limited to''; and
(5) ``spouse'' means husband or wife, as the case may be.
(f) Reference to Title 1 Definitions.--For other definitions
applicable to this title, see sections 1 through 5 of title 1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85-861, Secs. 1(1),
33(a)(1), Sept. 2, 1958, 72 Stat. 1437, 1564; Pub. L. 86-70, Sec. 6(a),
June 25, 1959, 73 Stat. 142; Pub. L. 86-624, Sec. 4(a), July 12, 1960,
74 Stat. 411; Pub. L. 87-649, Sec. 6(f)(1), Sept. 7, 1962, 76 Stat. 494;
Pub. L. 90-235, Sec. 7(a)(1), Jan. 2, 1968, 81 Stat. 762; Pub. L. 90-
623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92-492, Sec. 1,
Oct. 13, 1972, 86 Stat. 810; Pub. L. 96-513, title I, Secs. 101, 115(a),
title V, Sec. 501(2), Dec. 12, 1980, 94 Stat. 2839, 2877, 2907; Pub. L.
97-22, Sec. 2(a), July 10, 1981, 95 Stat. 124; Pub. L. 97-86, title IV,
Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98-525, title IV,
Sec. 414(a)(1), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99-145, title V,
Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-348, title III,
Sec. 303, July 1, 1986, 100 Stat. 703; Pub. L. 99-433, title III,
Sec. 302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100-26, Sec. 7(i),
(k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100-180, div. A,
title XII, Secs. 1231(1), (20), 1233(a)(2), Dec. 4, 1987, 101 Stat.
1160, 1161; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept.
29, 1988, 102 Stat. 2059; Pub. L. 101-510, div. A, title XII, Sec. 1204,
Nov. 5, 1990, 104 Stat. 1658; Pub. L. 102-190, div. A, title VI,
Sec. 631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102-484, div. A,
title X, Sec. 1051(a), Oct. 23, 1992, 106 Stat. 2494; Pub. L. 103-337,
div. A, title V, Sec. 514, title XVI, Secs. 1621, 1671(c)(1), Oct. 5,
1994, 108 Stat. 2753, 2960, 3014; Pub. L. 104-106, div. A, title XV,
Sec. 1501(c)(1), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104-201, div. A,
title V, Sec. 522, Sept. 23, 1996, 110 Stat. 2517; Pub. L. 107-296,
title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
Historical and Revision Notes
1956 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
101(1)................................ 50:351 (clause (b)). Sept. 16, 1942, ch. 561, Sec. 401
101(2)................................ 32:4c (1st 33 words). (clause (b)); added Apr. 1, 1944,
101(3)................................ [No source]. ch. 150, Sec. 401 (clause (b));
101(4)................................ 50:901(e). restated Apr. 19, 1946, ch. 142,
101(5)................................ 5:181-1(c) (for definition Sec. 401 (clause (b)), 60 Stat.
purposes); 5:411a(a) (for 102.
definition purposes); 5:626(c) July 9, 1952, ch. 608, Sec. 101(d)
(for definition purposes). (less 2d sentence), (e), (g), Sec.
[No source]. 702 (for definition purposes), 66
101(6)................................ 5:171(b) (last 23 words of clause Stat. 481, 482, 501.
101(7)................................ (1), for definition purposes).
101(8)................................ 10:600(a); 34:135(a). July 26, 1947, ch. 343, Secs.
101(9)................................ [No source]. 205(c) (for definition purposes),
101(10)............................... 32:2 (for definition purposes); 206(a) (for definition purposes),
32:4b (for definition purposes). 207(c) (for definition purposes),
50:1112(a) (for definition 61 Stat. 501, 502.
101(11)............................... purposes).
101(12)............................... 10:1835 (less last 16 words, for July 26, 1947, ch. 343, Sec.
definition purposes); 32:2 (for 201(b) (last 31 words of clause
definition purposes); 32:4b (for (1), for definition purposes);
definition purposes). restated Aug. 10, 1949, ch. 412,
50:1112(b) (for definition Sec. 4 (last 31 words of clause
purposes). (1) of 201(b), for definition
101(13)............................... 5:181-3(b) (less last sentence); purposes), 63 Stat. 579.
10:1a(b) (less last sentence); June 3, 1916, ch. 134, Sec. 62
101(14)............................... 10:1801(b) (less last sentence); (1st 36 words of last proviso), 39
37:231(c) (1st sentence, for Stat. 198.
definition purposes); 50:901(g). June 3, 1916, ch. 134, Sec. 117
(for definition purposes), 39
Stat. 212.
101(15)............................... [No source].
101(16)............................... 10:600(b); 34:135(b). June 3, 1916, ch. 134, Sec. 71
101(17)............................... 5:181-3(b) (last sentence); (for definition purposes); added
10:1a(b) (last sentence); June 15, 1933, ch. 87, Sec. 9
10:1801(b) (last sentence); (for definition purposes), 48
50:551(9). Stat. 157; Oct. 12, 1949, ch. 681,
101(18)............................... [No source]. Sec. 530 (for definition
101(19)............................... [No source]. purposes), 63 Stat. 837; July 9,
101(20)............................... [No source]. 1952, ch. 608, Sec. 803 (9th
101(21)............................... [No source]. par., for definition purposes), 66
101(22)............................... 10:1036e(d) (for definition Stat. 505.
purposes); 34: 440m(d) (for
definition purposes).
101(23)............................... [No source]. Sept. 19, 1951, ch. 407, Secs.
101(24)............................... [No source]. 2(b), 305 (less last 16 words, for
101(26)............................... [No source]. definition purposes), 65 Stat.
101(27)............................... [No source]. 326, 330.
101(28)............................... [No source].
101(29)............................... [No source]. June 28, 1950, ch. 383, Sec. 2(b),
101(30)............................... [No source]. 64 Stat. 263; July 9, 1952, ch.
101(31)............................... 50:901(d) (less 2d sentence). 608, Sec. 807(a), 66 Stat. 508.
101(32)............................... [No source]. Oct. 12, 1949, ch. 681, Sec.
101(33)............................... [No source]. 102(c) (1st sentence, for
101(34)............................... [No source]. definition purposes), 63 Stat.
804.
................................... May 5, 1950, ch. 169, Sec. 1 (Art.
1 (clause (9))), 64 Stat. 108.
................................... May 29, 1954, ch. 249, Sec. 2(a),
(b), 68 Stat. 157.
................................... June 29, 1948, ch. 708, Sec.
306(d) (for definition purposes),
62 Stat. 1089.
----------------------------------------------------------------------------------------------------------------
The definitions in clauses (3), (15), (18)-(21), (23)-(30), and
(31)-(33) reflect the adoption of terminology which, though undefined in
the source statutes restated in this title, represents the closest
practicable approximation of the ways in which the terms defined have
been most commonly used. A choice has been made where established uses
conflict.
In clause (2), the definition of ``Territory'' in 32:4c is executed
throughout this revised title by specific reference, where applicable,
to the Territories, Puerto Rico and the Canal Zone.
In clause (4), the definition of ``armed forces'' is based on the
source statute instead of 50:551(2), which does not include an express
reference to the Marine Corps. The words ``including all components
thereof'' are omitted as surplusage.
In clause (5), the term ``Department'' is defined to give it the
broad sense of ``Establishment'', to conform to the source statute and
the usage preferred by the Department of Defense, instead of the more
limited sense defined by 5:421g(a) and 423a(a), and 10:1a(d) and
1801(d).
In clause (6), the term ``executive part of the department'' is
created for convenience in referring to what is described in the source
statutes for this title as ``department'' in the limited sense of the
executive part at the seat of government. This is required by the
adoption of the word ``department'' in clause (5) to cover the broader
concept of ``establishment''.
In clause (8), the term ``Secretary concerned'' is created and
defined for legislative convenience.
In clause (9), a definition of ``National Guard'' is inserted for
clarity.
In clause (10)(A), the words ``a land force'' are substituted for
32:2 (as applicable to Army National Guard). The National Defense Act of
1916, Sec. 117 (last 66 words), 39 Stat. 212, is not contained in 32:2.
It is also omitted from the revised section as repealed by the Act of
February 28, 1925, ch. 374, Sec. 3, 43 Stat. 1081.
In clauses (10) and (11), the word ``Army'' is inserted to
distinguish the organizations defined from their Air Force counterparts.
In clauses (10) and (12), the words ``unless the context or subject
matter otherwise requires'' and ``as provided in this title'', in 32:4b,
are omitted as surplusage.
In clauses (10)(B) and (12)(B), the words ``has its officers
appointed'' are substituted for the word ``officered'', in 32:4b.
In clauses (11) and (13), only that much of the description of the
composition of the Army National Guard of the United States and the Air
National Guard of the United States is used as is necessary to
distinguish these reserve components, respectively, from the other
reserve components.
In clause (12)(A), the words ``an air force'' are substituted for
the words ``for which Federal responsibility has been vested in the
Secretary of the Air Force or the Department of the Air Force pursuant
to law'', in 10:1835, and for 32:2 (as applicable to Air National
Guard), to make the definition of ``Air National Guard'' parallel with
the definition of ``Army National Guard'', and to make explicit the
intent of Congress, in creating the Air National Guard, that the
organized militia henceforth should consist of three mutually exhaustive
classes comprising the Army, Air, and Naval militia.
In clause (14), the definition of ``officer'' is based on the source
statutes instead of 50:551(5), which excludes warrant officers. The
reference to appointment in 10:1a(b) (2d sentence and 10:1801(b) (2d
sentence), and the words ``commissioned warrant officer'', ``flight
officer'', and ``either permanent or temporary'', in 37:231(c) (1st
sentence), are omitted as surplusage. 5:181-3(b) (1st sentence),
10:1a(b) (1st sentence), and 10:1801(b) (1st sentence) are omitted as
covered by the definitions in clauses (14) and (16) of the revised
section and by section 3062(c) and section 8062(d) of this title.
In clause (16), the words ``unless otherwise qualified'',
``permanent or temporary'', and ``in the Army, Navy, Air Force, Marine
Corps, or Coast Guard, including any component thereof'' are omitted as
surplusage. The word ``person'' is substituted for the word ``officer''.
In clause (22), the definition of ``active duty'' is based on the
definition of ``active Federal service'' in the source statute, since it
is believed to be closer to general usage than the definition in
50:901(b), which excludes active duty for training from the general
concept of active duty.
1958 Act
----------------------------------------------------------------------------------------------------------------
Revised section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
101(25)............................... 50:1181(6). Sept. 3, 1954, ch. 1257, Sec.
102(6), 68 Stat. 1150.
----------------------------------------------------------------------------------------------------------------
The words ``, other than a commissioned warrant officer,'' are
inserted to reflect 50:1181(1).
[Clause (35).] The word ``original'' is defined to make clear that
when used in relation to an appointment it refers to the member's first
appointment in his current series of appointments and excludes any
appointment made before a lapse in service.
References in Text
Section 125(d) of this title, referred to in subsec. (a)(12)(A), was
repealed by Pub. L. 99-433, title III, Sec. 301(b)(1), Oct. 1, 1986, 100
Stat. 1022.
Amendments
2002--Subsec. (a)(9)(D). Pub. L. 107-296, which directed the
substitution of ``of Homeland Security'' for ``of Transportation''
wherever appearing in section 101(9), was executed to subsec. (a)(9) of
this section to reflect the probable intent of Congress.
1996--Subsec. (d)(4). Pub. L. 104-201 substituted ``a member of a
reserve component'' for ``a reserve commissioned officer, other than a
commissioned warrant officer,''.
Subsec. (d)(6)(B)(i). Pub. L. 104-160 substituted ``section 10301''
for ``section 175''.
1994--Subsec. (a)(13)(B). Pub. L. 103-337, Sec. 1671(c)(1),
substituted ``688, 12301(a), 12302, 12304, 12305, or 12406'' for
``672(a), 673, 673b, 673c, 688, 3500, or 8500''.
Subsec. (c)(7). Pub. L. 103-337, Sec. 1621, added par. (7).
Subsec. (d)(6), (7). Pub. L. 103-337, Sec. 514, added par. (6) and
redesignated former par. (6) as (7).
1992--Pub. L. 102-484 amended section generally, substituting
subsecs. (a) to (f) for former pars. (1) to (47) which defined terms for
purposes of this title.
1991--Par. (47). Pub. L. 102-190 added par. (47).
1990--Par. (46). Pub. L. 101-510 added par. (46).
1988--Pars. (3), (10), (12). Pub. L. 100-456 struck out ``the Canal
Zone,'' after ``the Virgin Islands,'' in par. (3) and after ``Puerto
Rico,'' in pars. (10) and (12).
1987--Par. (1). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted ``The
term'' after par. designation.
Par. (2). Pub. L. 100-26, Sec. 7(1)(k)(B), inserted ``the term''
after ``Air National Guard of the United States,''.
Pub. L. 100-180, Sec. 1233(a)(2), amended directory language of Pub.
L. 100-26, Sec. 7(k)(1)(C), by adding par. (2) to those pars. excepted
from direction that initial letter of first word after open quotation
marks in each par. be made lowercase rather than uppercase.
Pars. (3) to (7). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted
``The term'' after par. designation and struck out uppercase letter of
first word after open quotation marks and substituted lowercase letter.
Pars. (8) to (13). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted ``The
term'' after par. designation.
Par. (14). Pub. L. 100-180, Sec. 1231(1), inserted ``a'' after
``means''.
Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted ``The term'' after
par. designation and struck out uppercase letter of first word after
open quotation marks and substituted lowercase letter.
Pars. (15) to (19). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted
``The term'' after par. designation and struck out uppercase letter of
first word after open quotation marks and substituted lowercase letter.
Par. (20). Pub. L. 100-180, Sec. 1231(20), substituted ``The term
`rate'' for `` `Rate'' in second sentence.
Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted ``The term'' after
par. designation and struck out uppercase letter of first word after
open quotation marks and substituted lowercase letter.
Pars. (21) to (43). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted
``The term'' after par. designation and struck out uppercase letter of
first word after open quotation marks and substituted lowercase letter.
Pars. (44), (45). Pub. L. 100-26, Sec. 7(i)(1), (k)(1)(A), inserted
``The term'' after par. designation and substituted ``October 1, 1986''
for ``the date of the enactment of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986''.
1986--Par. (43). Pub. L. 99-348 added par. (43).
Pars. (44), (45). Pub. L. 99-433 added pars. (44) and (45).
1985--Par. (41). Pub. L. 99-145 substituted ``rear admiral (lower
half)'' for ``commodore''.
1984--Par. (22). Pub. L. 98-525, Sec. 414(a)(1)(A), inserted ``It
does not include full-time National Guard duty.''
Par. (24). Pub. L. 98-525, Sec. 414(a)(1)(B), inserted ``or full-
time National Guard duty''.
Par. (42). Pub. L. 98-525, Sec. 414(a)(1)(C), added par. (42).
1981--Par. (41). Pub. L. 97-86 substituted ``commodore'' for
``commodore admiral''.
Pub. L. 97-22 inserted ``or Coast Guard'' after ``Navy''.
1980--Par. (22). Pub. L. 96-513, Sec. 501(2), struck out ``duty on
the active list,'' after ``It includes''.
Par. (36). Pub. L. 96-513, Sec. 115(a), struck out par. (36) which
provided that ``dependent'', with respect to a female member of an armed
force, did not include her husband, unless he was in fact dependent on
her for his chief support, or her child, unless his father was dead or
he was in fact dependent on her for his chief support.
Pars. (37) to (41). Pub. L. 96-513, Sec. 101, added pars. (37) to
(41).
1972--Par. (2). Pub. L. 92-492 inserted ``Except as provided in
section 101(1) of title 32 for laws relating to the militia, the
National Guard, the Army National Guard of the United States,'' before
``Territory''.
1968--Par. (8)(D). Pub. L. 90-623 substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury''.
Par. 36. Pub. L. 90-235 added par. (36).
1962--Par. (31)(A). Pub. L. 87-649 substituted ``section 206 of
title 37'' for ``section 301 of title 37''.
1960--Par. (2). Pub. L. 80-624 struck out reference to Hawaii.
1959--Par. (2). Pub. L. 80-70 struck out reference to Alaska.
1958--Par. (25). Pub. L. 85-861, Sec. 1(1), added par. (25).
Par. (35). Pub. L. 85-861, Sec. 33(a)(1), added par. (35).
Effective Date of 2002 Amendment
Pub. L. 107-296, title XVII, Sec. 1704(g), Nov. 25, 2002, 116 Stat.
2316, provided that: ``The amendments made by this section (other than
subsection (f)) [see Tables for classification] shall take effect on the
date of transfer of the Coast Guard to the Department [of Homeland
Security].''
Effective Date of 1996 Amendment
Section 1501(c) of Pub. L. 104-106 provided that the amendment made
by that section is effective as of Dec. 1, 1994, and as if included as
an amendment made by the Reserve Officer Personnel Management Act, title
XVI of Pub. L. 103-337, as originally enacted.
Effective Date of 1994 Amendment
Amendment by section 1671(c)(1) of Pub. L. 103-337 effective Dec. 1,
1994, except as otherwise provided, and amendment by section 1621 of
Pub. L. 103-337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103-
337, set out as an Effective Date note under section 10001 of this
title.
Effective Date of 1987 Amendment
Section 1233(c)[(1)] of Pub. L. 100-180 provided that: ``The
amendments made by subsection (a) [amending this section, section 2432
of this title, and section 406b of Title 37, Pay and Allowances of the
Uniformed Services] shall apply as if included in the enactment of the
Defense Technical Corrections Act of 1987 (Public Law 100-26).''
Effective Date of 1981 Amendment
Section 405(f) of Pub. L. 97-86 provided that: ``The amendments made
by this section [amending this section, sections 525, 601, 611, 612,
619, 625, 634, 635, 637, 638, 645, 741, 5138, 5149, 5155, 5442, 5444,
5457, 5501, and 6389 of this title, section 201 of Title 37, Pay and
Allowances of the Uniformed Services, and a provision set out as a note
under section 611 of this title] shall take effect as of September 15,
1981.''
Effective Date of 1980 Amendment
Section 701 of Pub. L. 96-513 provided that:
``(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [see Tables for classification] shall take
effect on September 15, 1981.
``(b)(1) The authority to prescribe regulations under the amendments
made by titles I through IV and under the provisions of title VI shall
take effect on the date of the enactment of this Act [Dec. 12, 1980].
``(2) The amendment made by section 415 [enacting section 302(h) of
Title 37, Pay and Allowances of the Uniformed Services] shall take
effect as of July 1, 1980.
``(3) The amendments made by part B of title V shall take effect on
the date of the enactment of this Act [Dec. 12, 1980].
``(4) Part D of title VI shall take effect on the date of the
enactment of this Act [Dec. 12, 1980].''
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section 15
of Pub. L. 87-649, set out as an Inconsistent Provisions note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1958 Amendment
Section 33(g) of Pub. L. 85-861 provided that: ``This section [see
Tables for classification] is effective as of August 10, 1956, for all
purposes.''
Short Title of 1999 Amendment
Pub. L. 106-38, Sec. 1, July 22, 1999, 113 Stat. 205, provided that:
``This Act [enacting provisions set out as notes under section 2431 of
this title and section 5901 of Title 22, Foreign Relations and
Intercourse] may be cited as the `National Missile Defense Act of
1999'.''
Short Title of 1991 Amendment
Pub. L. 102-25, Sec. 1, Apr. 6, 1991, 105 Stat. 75, provided that:
``This Act [see Tables for classification] may be cited as the `Persian
Gulf Conflict Supplemental Authorization and Personnel Benefits Act of
1991'.''
Short Title of 1987 Amendment
Section 1 of Pub. L. 100-26 provided that: ``This Act [see Tables
for classification] may be cited as the `Defense Technical Corrections
Act of 1987'.''
Short Title of 1981 Amendment
Section 1(a) of Pub. L. 97-22 provided that: ``this Act [see Tables
for classification] may be cited as the `Defense Officer Personnel
Management Act Technical Corrections Act'.''
Short Title of 1980 Amendment
Section 1(a) of Pub. L. 96-513 provided that: ``This Act [see Tables
for classification] may be cited as the `Defense Officer Personnel
Management Act'.''
Savings Provision
Section 703 of Pub. L. 96-513 provided that: ``Except as otherwise
provided in this Act, the provisions of this Act and the amendments made
by this Act [see Tables for classification] do not affect rights and
duties that matured, penalties that were incurred, and proceedings that
were begun before the effective date of this Act [see Effective Date of
1980 Amendment note above].''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Laws in Suspended Status Prior to 1980 Amendment by Pub. L. 96-513
Section 702 of Pub. L. 96-513 provided that: ``If a provision of law
that is in a suspended status on the day before the effective date of
this Act [see Effective Date of 1980 Amendment note above] is amended by
this Act [see Tables for classification], the suspended status of that
provision is not affected by that amendment.''
National Oceanic and Atmospheric Administration
Authority vested by this title in ``military departments'', ``the
Secretary concerned'', or ``the Secretary of Defense'' to be exercised,
with respect to commissioned officer corps of National Oceanic and
Atmospheric Administration, by Secretary of Commerce or Secretary's
designee, see section 3071 of Title 33, Navigation and Navigable Waters.
Public Health Service
Authority vested by this title in ``military departments'', ``the
Secretary concerned'', or ``the Secretary of Defense'' to be exercised,
with respect to commissioned officers of Public Health Service, by
Secretary of Health and Human Services or his designee, see section 213a
of Title 42, The Public Health and Welfare.
Coordination of Certain Sections of an Act With Other Provisions of That
Act
Pub. L. 107-107, div. A, title X, Sec. 1048(j), Dec. 28, 2001, 115
Stat. 1230, provided that: ``For purposes of applying amendments made by
provisions of this Act other than provisions of this section [see Tables
for classification], this section shall be treated as having been
enacted immediately before the other provisions of this Act.''
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(h)], Oct. 30,
2000, 114 Stat. 1654, 1654A-294, provided that: ``For purposes of
applying amendments made by provisions of this Act other than provisions
of this section [section 1087 of H.R. 5408, as enacted by section 1 of
Pub. L. 106-398, see Tables for classification], this section shall be
treated as having been enacted immediately before the other provisions
of this Act.''
Pub. L. 106-65, div. A, title X, Sec. 1066(e), Oct. 5, 1999, 113
Stat. 773, provided that: ``For purposes of applying amendments made by
provisions of this Act other than provisions of this section [see Tables
for classification], this section shall be treated as having been
enacted immediately before the other provisions of this Act.''
Pub. L. 105-261, div. A, title X, Sec. 1069(e), Oct. 17, 1998, 112
Stat. 2137, provided that: ``For purposes of applying amendments made by
provisions of this Act other than provisions of this section [see Tables
for classification], this section shall be treated as having been
enacted immediately before the other provisions of this Act.''
Pub. L. 105-85, div. A, title X, Sec. 1073(i), Nov. 18, 1997, 111
Stat. 1907, provided that: ``For purposes of applying amendments made by
provisions of this Act other than provisions of this section [see Tables
for classification], this section shall be treated as having been
enacted immediately before the other provisions of this Act.''
Section 1074(e) of Pub. L. 104-201 provided that: ``For purposes of
applying amendments made by provisions of this Act other than provisions
of this section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other provisions
of this Act.''
Section 1506 of title XV of div. A of Pub. L. 104-106 provided that:
``For purposes of applying amendments made by provisions of this Act
other than provisions of this title [see Tables for classification],
this title shall be treated as having been enacted immediately before
the other provisions of this Act.''
Section 1070(h) of Pub. L. 103-337 provided that: ``For purposes of
applying amendments made by provisions of this Act other than this
section [see Tables for classification], this section shall be treated
as having been enacted immediately before the other provisions of this
Act.''
Pub. L. 103-160, div. A, title XI, Sec. 1182(h), Nov. 30, 1993, 107
Stat. 1774, provided that: ``For purposes of applying the amendments
made by provisions of this Act other than this section [see Tables for
classification], this section shall be treated as having been enacted
immediately before the other provisions of this Act.''
Section 1055 of Pub. L. 102-484 provided that: ``For purposes of
applying the amendments made by provisions of this Act other than
sections 1052, 1053, and 1054 [see Tables for classification], those
sections shall be treated as having been enacted immediately before the
other provisions of this Act.''
Definitions for Purposes of Pub. L. 102-25
Pub. L. 102-25, Sec. 3, Apr. 6, 1991, 105 Stat. 77, as amended by
Pub. L. 102-190, div. A, title XII, Sec. 1203(a), Dec. 5, 1991, 105
Stat. 1508, provided that: ``For the purposes of this Act [see Short
Title of 1991 Amendment note above]:
``(1) The term `Operation Desert Storm' means operations of
United States Armed Forces conducted as a consequence of the
invasion of Kuwait by Iraq (including operations known as Operation
Desert Shield, Operation Desert Storm, and Operation Provide
Comfort).
``(2) The term `incremental costs associated with Operation
Desert Storm' means costs referred to in section 251(b)(2)(D)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(ii)).
``(3) The term `Persian Gulf conflict' means the period
beginning on August 2, 1990, and ending thereafter on the date
prescribed by Presidential proclamation or by law.
``(4) The term `congressional defense committees' has the
meaning given that term in section 3 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1498).''
Section Referred to in Other Sections
This section is referred to in sections 3750, 6246, 8750 of this
title; title 5 sections 8331, 8401, 8906; title 8 section 1154; title 14
section 423; title 15 section 636; title 18 sections 232, 3267; title 20
sections 1078, 1087dd, 6673; title 31 section 3711; title 33 section
3002; title 37 sections 101, 308; title 39 section 3401; title 41
section 259; title 42 sections 2651, 5170b, 7235, 12639; title 46 App.
section 1187b; title 49 section 40125; title 50 App. section 592.