US (United States) Code. Title 10. Subtitle A: General Military Law. Chapter 1: Definitions

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Organization and general military powers

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-CITE-

10 USC CHAPTER 1 - DEFINITIONS 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 1 - DEFINITIONS

.

-HEAD-

CHAPTER 1 - DEFINITIONS

-MISC1-

Sec.

101. Definitions.

-CITE-

10 USC Sec. 101 01/22/02

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART I - ORGANIZATION AND GENERAL MILITARY POWERS

CHAPTER 1 - DEFINITIONS

-HEAD-

Sec. 101. Definitions

-STATUTE-

(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 Transportation, 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85-861, Sec. 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, Sec. 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, Sec. 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, Sec. 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.)

-MISC1-

Historical and Revision Notes

1956 Act

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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101(1) 101(2) 101(3) 50:351 (clause (b)). Sept. 16, 1942, ch.

101(4) 101(5) 32:4c (1st 33 561, Sec. 401

101(6) 101(7) words). (No (clause (b)); added

source). 50:901(e). Apr. 1, 1944, ch.

5:181-1(c) (for 150, Sec. 401

definition (clause (b));

purposes); restated Apr. 19,

5:411a(a) (for 1946, ch. 142, Sec.

definition 401 (clause (b)),

purposes); 5:626(c) 60 Stat. 102. July

(for definition 9, 1952, ch. 608,

purposes). (No Sec. 101(d) (less

source). 5:171(b) 2d sentence), (e),

(last 23 words of (g), Sec. 702 (for

clause (1), for definition

definition purposes), 66 Stat.

purposes). 481, 482, 501.

101(8) 101(9) 10:600(a); July 26, 1947, ch.

101(10) 101(11) 34:135(a). (No 343, Sec. 205(c)

source). 32:2 (for (for definition

definition purposes), 206(a)

purposes); 32:4b (for definition

(for definition purposes), 207(c)

purposes). (for definition

50:1112(a) (for purposes), 61 Stat.

definition 501, 502.

purposes).

101(12) 101(13) 10:1835 (less last July 26, 1947, ch.

101(14) 16 words, for 343, Sec. 201(b)

definition (last 31 words of

purposes); 32:2 clause (1), for

(for definition definition

purposes); 32:4b purposes); restated

(for definition Aug. 10, 1949, ch.

purposes). 412, Sec. 4 (last

50:1112(b) (for 31 words of clause

definition (1) of 201(b), for

purposes). 5:181- definition

3(b) (less last purposes), 63 Stat.

sentence); 10:1a(b) 579. June 3, 1916,

(less last ch. 134, Sec. 62

sentence); (1st 36 words of

10:1801(b) (less last proviso), 39

last sentence); Stat. 198. June 3,

37:231(c) (1st 1916, ch. 134, Sec.

sentence, for 117 (for definition

definition purposes), 39 Stat.

purposes); 212.

50:901(g).

101(15) (No source).

101(16) 101(17) 10:600(b); June 3, 1916, ch.

101(18) 101(19) 34:135(b). 5:181- 134, Sec. 71 (for

101(20) 101(21) 3(b) (last definition

101(22) sentence); 10:1a(b) purposes); added

(last sentence); June 15, 1933, ch.

10:1801(b) (last 87, Sec. 9 (for

sentence); definition

50:551(9). (No purposes), 48 Stat.

source). (No 157; Oct. 12, 1949,

source). (No ch. 681, Sec. 530

source). (No (for definition

source). purposes), 63 Stat.

10:1036e(d) (for 837; July 9, 1952,

definition ch. 608, Sec. 803

purposes); 34: (9th par., for

440m(d) (for definition

definition purposes), 66 Stat.

purposes). 505.

101(23) 101(24) (No source). (No Sept. 19, 1951, ch.

101(26) 101(27) source). (No 407, Sec. 2(b), 305

101(28) source). (No (less last 16

source). (No words, for

source). definition

purposes), 65 Stat.

326, 330.

101(29) 101(30) (No source). (No June 28, 1950, ch.

101(31) source). 50:901(d) 383, Sec. 2(b), 64

(less 2d sentence). Stat. 263; July 9,

1952, ch. 608, Sec.

807(a), 66 Stat.

508.

101(32) 101(33) (No source). (No Oct. 12, 1949, ch.

101(34) source). (No 681, Sec. 102(c)

source). (1st sentence, for

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

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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.

-REFTEXT-

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.

-MISC2-

AMENDMENTS

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 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).''

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 Coast and Geodetic Survey (now

commissioned officer corps of National Oceanic and Atmospheric

Administration), by Secretary of Commerce or his designee, see

section 857a 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.''

-CROSS-

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).''

-SECREF-

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; title 31 section 3711; title

33 sections 853o, 857-1; 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.

-CITE-