
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(j)]
[Document affected by Public Law 107-107 Section 1048(a)(1)]
[Document affected by Public Law 107-107 Section 911(b)]
[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 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.

(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.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
101(1)................................  50:351 (clause (b)).                 Se
pt. 16, 1942, ch. 561, Sec.  401
101(2)................................  32:4c (1st 33 words).                 (
clause (b)); added Apr. 1, 1944,
101(3)................................  [No source].                          c
h. 150, Sec.  401 (clause (b));
101(4)................................  50:901(e).                            r
estated Apr. 19, 1946, ch. 142,
101(5)................................  5:181-1(c) (for definition            S
ec.  401 (clause (b)), 60 Stat.
                                         purposes); 5:411a(a) (for            1
02.
                                         definition purposes); 5:626(c)      Ju
ly 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     S
tat. 481, 482, 501.
101(7)................................   (1), for definition purposes).
101(8)................................  10:600(a); 34:135(a).                Ju
ly 26, 1947, ch. 343, Secs.
101(9)................................  [No source].                          2
05(c) (for definition purposes),
101(10)...............................  32:2 (for definition purposes);       2
06(a) (for definition purposes),
                                         32:4b (for definition purposes).     2
07(c) (for definition purposes),
                                        50:1112(a) (for definition            6
1 Stat. 501, 502.
101(11)...............................   purposes).
101(12)...............................  10:1835 (less last 16 words, for     Ju
ly 26, 1947, ch. 343, Sec.
                                         definition purposes); 32:2 (for      2
01(b) (last 31 words of clause
                                         definition purposes); 32:4b (for     (
1), for definition purposes);
                                         definition purposes).                r
estated Aug. 10, 1949, ch. 412,
                                        50:1112(b) (for definition            S
ec.  4 (last 31 words of clause
                                         purposes).                           (
1) of 201(b), for definition
101(13)...............................  5:181-3(b) (less last sentence);      p
urposes), 63 Stat. 579.
                                         10:1a(b) (less last sentence);      Ju
ne 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         S
tat. 198.
                                         definition purposes); 50:901(g).    Ju
ne 3, 1916, ch. 134, Sec.  117
                                                                              (
for definition purposes), 39
                                                                              S
tat. 212.
101(15)...............................  [No source].
101(16)...............................  10:600(b); 34:135(b).                Ju
ne 3, 1916, ch. 134, Sec.  71
101(17)...............................  5:181-3(b) (last sentence);           (
for definition purposes); added
                                         10:1a(b) (last sentence);            J
une 15, 1933, ch. 87, Sec.  9
                                         10:1801(b) (last sentence);          (
for definition purposes), 48
                                         50:551(9).                           S
tat. 157; Oct. 12, 1949, ch. 681,
101(18)...............................  [No source].                          S
ec.  530 (for definition
101(19)...............................  [No source].                          p
urposes), 63 Stat. 837; July 9,
101(20)...............................  [No source].                          1
952, ch. 608, Sec.  803 (9th
101(21)...............................  [No source].                          p
ar., for definition purposes), 66
101(22)...............................  10:1036e(d) (for definition           S
tat. 505.
                                         purposes); 34: 440m(d) (for
                                         definition purposes).
101(23)...............................  [No source].                         Se
pt. 19, 1951, ch. 407, Secs.
101(24)...............................  [No source].                          2
(b), 305 (less last 16 words, for
101(26)...............................  [No source].                          d
efinition purposes), 65 Stat.
101(27)...............................  [No source].                          3
26, 330.
101(28)...............................  [No source].
101(29)...............................  [No source].                         Ju
ne 28, 1950, ch. 383, Sec.  2(b),
101(30)...............................  [No source].                          6
4 Stat. 263; July 9, 1952, ch.
101(31)...............................  50:901(d) (less 2d sentence).         6
08, Sec.  807(a), 66 Stat. 508.

101(32)...............................  [No source].                         Oc
t. 12, 1949, ch. 681, Sec.
101(33)...............................  [No source].                          1
02(c) (1st sentence, for
101(34)...............................  [No source].                          d
efinition purposes), 63 Stat.
                                                                              8
04.
                                        ...................................  Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
                                                                              1
 (clause (9))), 64 Stat. 108.
                                        ...................................  Ma
y 29, 1954, ch. 249, Sec.  2(a),
                                                                              (
b), 68 Stat. 157.
                                        ...................................  Ju
ne 29, 1948, ch. 708, Sec.
                                                                              3
06(d) (for definition purposes),
                                                                              6
2 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).                          Se
pt. 3, 1954, ch. 1257, Sec.
                                                                              1
02(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

    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. 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; title 8 section 1154; title 14 
section 423; title 15 section 636; title 18 section 232; 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 50 App. section 592.
