10 U.S.C. § 101 (ARMED FORCES)
§ 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[(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(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 Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, 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 the Space 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, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, 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.
(16) The term “congressional defense committees” means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(17) The term “base closure law” means the following:
(A) Section 2687 of this title.
(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(C) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
(18) The term “acquisition workforce” means the persons serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title.
(19) The term “climate resilience” means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States.
(20) The term “extreme weather” means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.
(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, Marine Corps, or Space Force (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.
(16) The term “Active Guard and Reserve” means a member of a reserve component who is on active duty pursuant to section 12301(d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502(f) of title 32, and who is performing Active Guard and Reserve duty.
(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 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 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. 3809(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) Facilities and Operations.—
The following definitions relating to facilities and operations apply in this title:
(1) Range.—
The term “range”, when used in a geographic sense, means a designated land or water area that is set aside, managed, and used for range activities of the Department of Defense. Such term includes the following:
(A) Firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, electronic scoring sites, buffer zones with restricted access, and exclusionary areas.
(B) Airspace areas designated for military use in accordance with regulations and procedures prescribed by the Administrator of the Federal Aviation Administration.
(2) Range activities.—
The term “range activities” means—
(A) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; and
(B) the training of members of the armed forces in the use and handling of military munitions, other ordnance, and weapons systems.
(3) Operational range.—
The term “operational range” means a range that is under the jurisdiction, custody, or control of the Secretary of a military department and—
(A) that is used for range activities, or
(B) although not currently being used for range activities, that is still considered by the Secretary to be a range and has not been put to a new use that is incompatible with range activities.
(4) Military munitions.—
(A) The term “military munitions” means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard.
(B) Such term includes the following:
(i) Confined gaseous, liquid, and solid propellants.
(ii) Explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents.
(iii) Chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, and demolition charges.
(iv) Devices and components of any item specified in clauses (i) through (iii).
(C) Such term does not include the following:
(i) Wholly inert items.
(ii) Improvised explosive devices.
(iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.
(5) Unexploded ordnance.—
The term “unexploded ordnance” means military munitions that—
(A) have been primed, fused, armed, or otherwise prepared for action;
(B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and
(C) remain unexploded, whether by malfunction, design, or any other cause.
(6) Energy resilience.—
The term “energy resilience” means the ability to avoid, prepare for, minimize, adapt to, and recover from anticipated and unanticipated energy disruptions in order to ensure energy availability and reliability sufficient to provide for mission assurance and readiness, including mission essential operations related to readiness, and to execute or rapidly reestablish mission essential requirements.
(7) Energy security.—
The term “energy security” means having assured access to reliable supplies of energy and the ability to protect and deliver sufficient energy to meet mission essential requirements.
(8) Military installation resilience.—
The term “military installation resilience” means the capability of a military installation to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, or from anticipated or unanticipated changes in environmental conditions, that do, or have the potential to, adversely affect the military installation or essential transportation, logistical, or other necessary resources outside of the military installation that are necessary in order to maintain, improve, or rapidly reestablish installation mission assurance and mission-essential functions.
(f) 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.
(g) 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, §§ 1(1), 33(a)(1), Sept. 2, 1958, 72 Stat. 1437, 1564; Pub. L. 86–70, § 6(a), June 25, 1959, 73 Stat. 142; Pub. L. 86–624, § 4(a), July 12, 1960, 74 Stat. 411; Pub. L. 87–649, § 6(f)(1), Sept. 7, 1962, 76 Stat. 494; Pub. L. 90–235, § 7(a)(1), Jan. 2, 1968, 81 Stat. 762; Pub. L. 90–623, § 2(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–492, § 1, Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–513, title I, §§ 101, 115(a), title V, § 501(2), Dec. 12, 1980, 94 Stat. 2839, 2877, 2907; Pub. L. 97–22, § 2(a), July 10, 1981, 95 Stat. 124; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title IV, § 414(a)(1), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–348, title III, § 303, July 1, 1986, 100 Stat. 703; Pub. L. 99–433, title III, § 302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100–26, § 7(i), (k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100–180, div. A, title XII, §§ 1231(1), (20), 1233(a)(2), Dec. 4, 1987, 101 Stat. 1160, 1161; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101–510, div. A, title XII, § 1204, Nov. 5, 1990, 104 Stat. 1658; Pub. L. 102–190, div. A, title VI, § 631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102–484, div. A, title X, § 1051(a), Oct. 23, 1992, 106 Stat. 2494; Pub. L. 103–337, div. A, title V, § 514, title XVI, §§ 1621, 1671(c)(1), Oct. 5, 1994, 108 Stat. 2753, 2960, 3014; Pub. L. 104–106, div. A, title XV, § 1501(c)(1), Feb. 10, 1996, 110 Stat. 498; Pub. L. 104–201, div. A, title V, § 522, Sept. 23, 1996, 110 Stat. 2517; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title X, §§ 1042(a), 1043(a), 1045(a)(2), Nov. 24, 2003, 117 Stat. 1608, 1610, 1612; Pub. L. 108–375, div. A, title X, § 1084(a), Oct. 28, 2004, 118 Stat. 2060; Pub. L. 109–163, div. A, title X, §§ 1056(c)(1), 1057(a)(1), (2), Jan. 6, 2006, 119 Stat. 3439, 3440; Pub. L. 109–364, div. A, title V, § 524, Oct. 17, 2006, 120 Stat. 2193; Pub. L. 111–383, div. A, title VIII, § 876, Jan. 7, 2011, 124 Stat. 4305; Pub. L. 112–81, div. A, title V, § 515(b), Dec. 31, 2011, 125 Stat. 1395; Pub. L. 112–239, div. A, title VI, § 681(a), Jan. 2, 2013, 126 Stat. 1795; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(i), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 115–91, div. B, title XXVIII, § 2831(d), Dec. 12, 2017, 131 Stat. 1858; Pub. L. 115–232, div. A, title III, § 312(f), title XII, § 1204(a)(3), div. B, title XXVIII, § 2805(e), Aug. 13, 2018, 132 Stat. 1711, 2017, 2263; Pub. L. 116–92, div. A, title IX, §§ 952(c), 958(a)(1), Dec. 20, 2019, 133 Stat. 1562, 1567; Pub. L. 116–283, div. A, title IX, § 924(a), title X, § 1081(a)(5), Jan. 1, 2021, 134 Stat. 3820, 3871; Pub. L. 117–81, div. A, title III, § 332(c), Dec. 27, 2021, 135 Stat. 1638.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
101(1)
101(2)
101(3)
101(4)
101(5)
101(6)
101(7)
50:351 (clause (b)).
32:4c (1st 33 words).
[No source].
50:901(e).
5:181–1(c) (for definition purposes); 5:411a(a) (for definition purposes); 5:626(c) (for definition purposes).
[No source].
5:171(b) (last 23 words of clause (1), for definition purposes).
Sept. 16, 1942, ch. 561, § 401 (clause (b)); added Apr. 1, 1944, ch. 150, § 401 (clause (b)); restated Apr. 19, 1946, ch. 142, § 401 (clause (b)), 60 Stat. 102.
July 9, 1952, ch. 608, § 101(d) (less 2d sentence), (e), (g), § 702 (for definition purposes), 66 Stat. 481, 482, 501.
101(8)
101(9)
101(10)
101(11)
10:600(a); 34:135(a).
[No source].
32:2 (for definition purposes); 32:4b (for definition purposes).
50:1112(a) (for definition purposes).
July 26, 1947, ch. 343, §§ 205(c) (for definition purposes), 206(a) (for definition purposes), 207(c) (for definition purposes), 61 Stat. 501, 502.
101(12)
101(13)
101(14)
10:1835 (less last 16 words, for definition purposes); 32:2 (for definition purposes); 32:4b (for definition purposes).
50:1112(b) (for definition purposes).
5:181–3(b) (less last sentence); 10:1a(b) (less last sentence); 10:1801(b) (less last sentence); 37:231(c) (1st sentence, for definition purposes); 50:901(g).
July 26, 1947, ch. 343, § 201(b) (last 31 words of clause (1), for definition purposes); restated Aug. 10, 1949, ch. 412, § 4 (last 31 words of clause (1) of 201(b), for definition purposes), 63 Stat. 579.
June 3, 1916, ch. 134, § 62 (1st 36 words of last proviso), 39 Stat. 198.
June 3, 1916, ch. 134, § 117 (for definition purposes), 39 Stat. 212.
101(15)
[No source].
101(16)
101(17)
101(18)
101(19)
101(20)
101(21)
101(22)
10:600(b); 34:135(b).
5:181–3(b) (last sentence); 10:1a(b) (last sentence); 10:1801(b) (last sentence); 50:551(9).
[No source].
[No source].
[No source].
[No source].
10:1036e(d) (for definition purposes); 34: 440m(d) (for definition purposes).
June 3, 1916, ch. 134, § 71 (for definition purposes); added June 15, 1933, ch. 87, § 9 (for definition purposes), 48 Stat. 157; Oct. 12, 1949, ch. 681, § 530 (for definition purposes), 63 Stat. 837; July 9, 1952, ch. 608, § 803 (9th par., for definition purposes), 66 Stat. 505.
101(23)
101(24)
101(26)
101(27)
101(28)
[No source].
[No source].
[No source].
[No source].
[No source].
Sept. 19, 1951, ch. 407, §§ 2(b), 305 (less last 16 words, for definition purposes), 65 Stat. 326, 330.
101(29)
101(30)
101(31)
[No source].
[No source].
50:901(d) (less 2d sentence).
June 28, 1950, ch. 383, § 2(b), 64 Stat. 263; July 9, 1952, ch. 608, § 807(a), 66 Stat. 508.
101(32)
101(33)
101(34)
[No source].
[No source].
[No source].
Oct. 12, 1949, ch. 681, § 102(c) (1st sentence, for definition purposes), 63 Stat. 804.
May 5, 1950, ch. 169, § 1 (Art. 1 (clause (9))), 64 Stat. 108.
May 29, 1954, ch. 249, § 2(a), (b), 68 Stat. 157.
June 29, 1948, ch. 708, § 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, § 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, § 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.
text: 1958 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
101(25)
50:1181(6).
Sept. 3, 1954, ch. 1257, § 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.
heading: Editorial Notes
heading: References in Text
text: Section 125(d) of this title, referred to in subsec. (a)(12)(A), was repealed by Pub. L. 99–433, title III, § 301(b)(1), Oct. 1, 1986, 100 Stat. 1022.
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(17)(B), is part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, as amended, which is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Tables.
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(17)(C), is Pub. L. 100–526, Oct. 24, 1988, 102 Stat. 2623, as amended. Title II of the Act is set out as a note under section 2687 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of this title and Tables.
The Atomic Energy Act of 1954, referred to in subsec. (e)(4)(C)(iii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
heading: Codification
text: Pub. L. 107–296, § 1704(b)(1), which directed amendment of section 101(9) of this title by substituting of “of Homeland Security” for “of Transportation” wherever appearing, could not be executed because there is no section 101(9).
heading: Amendments
text: 2021—Subsec. (a)(13)(B). Pub. L. 116–283, § 1081(a)(5), substituted “section 3713” for “section 712”.
Subsec. (a)(19), (20). Pub. L. 117–81 added pars. (19) and (20).
Subsec. (b)(13). Pub. L. 116–283, § 924(a), substituted “Marine Corps, or Space Force” for “or Marine Corps”.
2019—Subsec. (a)(4). Pub. L. 116–92, § 952(c), inserted “Space Force,” after “Marine Corps,”.
Subsec. (a)(9)(C). Pub. L. 116–92, § 958(a)(1), inserted “and the Space Force” after “concerning the Air Force”.
2018—Subsec. (a)(13)(B). Pub. L. 115–232, § 1204(a)(3), substituted “chapter 13” for “chapter 15”.
Subsec. (e)(6). Pub. L. 115–232, § 312(f), struck out “task critical assets and other” before “mission essential operations”.
Subsec. (e)(8). Pub. L. 115–232, § 2805(e), added par. (8).
2017—Subsec. (e)(6), (7). Pub. L. 115–91 added pars. (6) and (7).
2016—Subsec. (d)(6)(B)(v). Pub. L. 114–328 substituted “(50 U.S.C. 3809(b)(2))” for “(50 U.S.C. App. 460(b)(2))”.
2013—Subsec. (a)(13)(B). Pub. L. 112–239 inserted “section 712 of title 14,” after “chapter 15 of this title,”.
2011—Subsec. (a)(13)(B). Pub. L. 112–81 inserted “12304a,” after “12304,”.
Subsec. (a)(18). Pub. L. 111–383 added par. (18).
2006—Subsec. (a)(2). Pub. L. 109–163, § 1057(a)(1), struck out par. (2) which read as follows: “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.”
Subsec. (a)(3). Pub. L. 109–163, § 1057(a)(2), struck out “Territory or” before “Commonwealth”.
Subsec. (b)(16). Pub. L. 109–364, § 524(1), added par. (16).
Subsec. (d)(6)(A). Pub. L. 109–364, § 524(2), struck out “or full-time National Guard duty” after “means active duty” and substituted “pursuant to an order to full-time National Guard duty,” for “, pursuant to an order to active duty or full-time National Guard duty”.
Subsec. (e)(4)(B)(ii). Pub. L. 109–163, § 1056(c)(1), struck out comma after “bulk explosives”.
2004—Subsec. (e)(3). Pub. L. 108–375 substituted “Secretary of a military department” for “Secretary of Defense” in introductory provisions.
2003—Subsec. (a)(9)(D). Pub. L. 108–136, § 1045(a)(2), substituted “Homeland Security” for “Transportation”.
Subsec. (a)(16), (17). Pub. L. 108–136, § 1043(a), added pars. (16) and (17).
Subsecs. (e) to (g). Pub. L. 108–136, § 1042(a), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
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, § 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, § 1621, added par. (7).
Subsec. (d)(6), (7). Pub. L. 103–337, § 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, § 7(k)(1)(A), inserted “The term” after par. designation.
Par. (2). Pub. L. 100–26, § 7(1)(k)(B), inserted “the term” after “Air National Guard of the United States,”.
Pub. L. 100–180, § 1233(a)(2), amended directory language of Pub. L. 100–26, § 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, § 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, § 7(k)(1)(A), inserted “The term” after par. designation.
Par. (14). Pub. L. 100–180, § 1231(1), inserted “a” after “means”.
Pub. L. 100–26, § 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, § 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, § 1231(20), substituted “The term ‘rate” for “ ‘Rate” in second sentence.
Pub. L. 100–26, § 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, § 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, § 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, § 414(a)(1)(A), inserted “It does not include full-time National Guard duty.”
Par. (24). Pub. L. 98–525, § 414(a)(1)(B), inserted “or full-time National Guard duty”.
Par. (42). Pub. L. 98–525, § 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, § 501(2), struck out “duty on the active list,” after “It includes”.
Par. (36). Pub. L. 96–513, § 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, § 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, § 1(1), added par. (25).
Par. (35). Pub. L. 85–861, § 33(a)(1), added par. (35).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2013 Amendment
text: Pub. L. 112–239, div. A, title VI, § 681(d), Jan. 2, 2013, 126 Stat. 1795, provided that:
“(1) Inclusion of prior orders.—
The amendments made by this section [amending this section, section 12731 of this title, and section 3301 of Title 38, Veterans’ Benefits] shall apply to any call or order to active duty authorized under section 712 [now 3713] of title 14, United States Code, on or after December 31, 2011, by the Secretary of the executive department in which the Coast Guard is operating.
“(2) Credit for prior service.—
The amendments made by this section shall be deemed to have been enacted on December 31, 2011, for purposes of applying the amendments to the following provisions of law:
“(A) Section 5538 of title 5, United States Code, relating to nonreduction in pay.
“(B) Section 701 of title 10, United States Code, relating to the accumulation and retention of leave.
“(C) Section 12731 of title 10, United States Code, relating to age and service requirements for receipt of retired pay for non-regular service.”
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–296, title XVII, § 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].”
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, 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.
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date of 1987 Amendment
text: Pub. L. 100–180, div. A, title XII, § 1233(c)[(1)], Dec. 4, 1987, 101 Stat. 1161, 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).”
heading: Effective Date of 1981 Amendment
text: Pub. L. 97–86, title IV, § 405(f), Dec. 1, 1981, 95 Stat. 1106, 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.”
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–513, title VII, § 701, Dec. 12, 1980, 94 Stat. 2955, 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].”
heading: Effective Date of 1968 Amendment
text: 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.
heading: Effective Date of 1962 Amendment
text: 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.
heading: Effective Date of 1958 Amendment
text: Pub. L. 85–861, § 33(g), Sept. 2, 1958, 72 Stat. 1568, provided that: “This section [see Tables for classification] is effective as of August 10, 1956, for all purposes.”
heading: Short Title of 2019 Amendment
text: Pub. L. 116–92, div. A, title IX, § 951, Dec. 20, 2019, 133 Stat. 1561, provided that: “This subtitle [subtitle D (§§ 951–961) of div. A of Pub. L. 116–92, see Tables for classification] may be cited as the ‘United States Space Force Act’.”
heading: Short Title of 2018 Amendment
text: Pub. L. 115–232, div. A, title VI, § 621(a), Aug. 13, 2018, 132 Stat. 1798, provided that: “This section [enacting section 1065 of this title and provisions set out as a note under section 1065 of this title] may be cited as the ‘Purple Heart and Disabled Veterans Equal Access Act of 2018’.”
heading: Short Title of 2016 Amendment
text: Pub. L. 114–328, div. E, § 5001, Dec. 23, 2016, 130 Stat. 2894, provided that: “This division [div. E (§§ 5001–5542) of Pub. L. 114–328, see Tables for classification] may be cited as the ‘Military Justice Act of 2016’.”
heading: Short Title of 2011 Amendment
text: Pub. L. 111–383, div. A, title VIII, § 860, Jan. 7, 2011, 124 Stat. 4287, provided that: “This subtitle [subtitle F (§§ 860–896) of title VIII of div. A of Pub. L. 111–383, see Tables for classification] may be cited as the ‘Improve Acquisition Act of 2010’.”
heading: Short Title of 2009 Amendment
text: Pub. L. 111–23, § 1(a), May 22, 2009, 123 Stat. 1704, provided that: “This Act [enacting sections 139c, 139d, 2334, and 2433a of this title, amending sections 139a, 181, 2306b, 2366a, 2366b, 2430, 2433, 2434, 2445c, 2501, and 2505 of this title and section 5315 of Title 5, Government Organization and Employees, enacting provisions set out as notes under sections 139a, 139c, 181, 2302, 2366a, 2366b, 2430, and 2433a of this title, and amending provisions set out as a note under section 2304 of this title] may be cited as the ‘Weapon Systems Acquisition Reform Act of 2009’.”
heading: Short Title of 2008 Amendment
text: Pub. L. 110–317, § 1(a), Aug. 29, 2008, 122 Stat. 3526, provided that: “This Act [amending sections 1145, 1146, and 1174 of this title, sections 2108 and 8521 of Title 5, Government Organization and Employees, section 685 of Title 26, Internal Revenue Code, section 303a of Title 37, Pay and Allowances of the Uniformed Services, and sections 3011, 3012, 3702, and 4211 of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under section 2108 of Title 5 and section 685 of Title 26] may be cited as the ‘Hubbard Act’.”
Pub. L. 110–181, div. A, title VIII, § 800, Jan. 28, 2008, 122 Stat. 202, provided that: “This title [see Tables for classification] may be cited as the ‘Acquisition Improvement and Accountability Act of 2007’.”
Pub. L. 110–181, div. A, title XVIII, § 1801, Jan. 28, 2008, 122 Stat. 496, provided that: “This title [enacting section 10508 of this title, amending sections 113, 164, 526, 10501 to 10503, 10541, 14508, 14511, and 14512 of this title, and enacting provisions set out as notes under sections 113 and 164 of this title and section 104 of Title 32, National Guard] may be cited as the ‘National Guard Empowerment Act of 2007’.”
heading: Short Title of 2005 Amendment
text: Pub. L. 109–148, div. A, title VIII, § 8126(a), Dec. 30, 2005, 119 Stat. 2728, which provided that this Act, probably meaning section 8126 of div. A of Pub. L. 109–148, which amended section 2554 of this title and section 5309 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under section 2554 of this title and section 301 of Title 5, Government Organization and Employees, could be cited as the “Support Our Scouts Act of 2005”, was repealed by Pub. L. 109–364, div. A, title X, § 1071(f)(3), Oct. 17, 2006, 120 Stat. 2402.
heading: Short Title of 1999 Amendment
text: Pub. L. 106–38, § 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’.”
heading: Short Title of 1991 Amendment
text: Pub. L. 102–25, § 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’.”
heading: Short Title of 1987 Amendment
text: Pub. L. 100–26, § 1, Apr. 21, 1987, 101 Stat. 273, provided that: “This Act [see Tables for classification] may be cited as the ‘Defense Technical Corrections Act of 1987’.”
heading: Short Title of 1986 Amendment
text: Pub. L. 99–500, § 101(c) [title X, § 900], Oct. 18, 1986, 100 Stat. 1783–82, 1783–130, Pub. L. 99–591, § 101(c) [title X, § 900], Oct. 30, 1986, 100 Stat. 3341–82, 3341–130, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 900, Nov. 14, 1986, 100 Stat. 3910, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: “This title [see Tables for classification] may be cited as the ‘Defense Acquisition Improvement Act of 1986’.”
heading: Short Title of 1985 Amendment
text: Pub. L. 99–145, title IX, § 901, Nov. 8, 1985, 99 Stat. 682, provided that: “This title [see Tables for classification] may be cited as the ‘Defense Procurement Improvement Act of 1985’.”
heading: Short Title of 1984 Amendment
text: Pub. L. 98–525, title XII, § 1201, Oct. 19, 1984, 98 Stat. 2588, provided that: “This title [see Tables for classification] may be cited as the ‘Defense Procurement Reform Act of 1984’.”
heading: Short Title of 1981 Amendment
text: Pub. L. 97–22, § 1(a), July 10, 1981, 95 Stat. 124, provided that: “this Act [see Tables for classification] may be cited as the ‘Defense Officer Personnel Management Act Technical Corrections Act’.”
heading: Short Title of 1980 Amendment
text: Pub. L. 96–513, § 1(a), Dec. 12, 1980, 94 Stat. 2835, provided that: “This Act [see Tables for classification] may be cited as the ‘Defense Officer Personnel Management Act’.”
heading: Savings Provision
text: Pub. L. 96–513, title VII, § 703, Dec. 12, 1980, 94 Stat. 2956, 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].”
heading: Rule of Construction Relating to Use of Military Force
text: Pub. L. 116–283, div. A, title XII, § 1299S, Jan. 1, 2021, 134 Stat. 4028, provided that: “Nothing in this Act [see Tables for classification] or any amendment made by this Act may be construed to authorize the use of military force.”
heading: Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500, 99–591, and 99–661; Definitions
text: Pub. L. 100–26, §§ 2, 6, Apr. 21, 1987, 101 Stat. 273, 274, provided that:
“SEC. 2. REFERENCES TO 99TH CONGRESS LAWS
“For purposes of this Act [Pub. L. 100–26, see Tables for classification]:
“(1) The term ‘Defense Authorization Act’ means the Department of Defense Authorization Act, 1987 (division A of Public Law 99–661; 100 Stat. 3816 et seq.).
“(2) The term ‘Defense Appropriations Act’ means the Department of Defense Appropriations Act, 1987 (as contained in identical form in section 101(c) of Public Law 99–500 (100 Stat. 1783–82 et seq.) and section 101(c) of Public Law 99–591 (100 Stat. 3341–82 et seq.)).
“(3) The term ‘Defense Acquisition Improvement Act’ means title X of the Defense Appropriations Act [100 Stat. 1783–130, 3341–130] and title IX of the Defense Authorization Act [100 Stat. 3910] (as designated by the amendment made by section 3(5) [section 3(5) of Pub. L. 100–26]). Any reference in this Act to the Defense Acquisition Improvement Act shall be considered to be a reference to each such title.”
“SEC. 6. CONSTRUCTION OF DUPLICATE AUTHORIZATION AND APPROPRIATION PROVISIONS
“(a) Rule for Construction of Duplicate Provisions.—(1) In applying the provisions of Public Laws 99–500, 99–591, and 99–661 described in paragraph (2)—
“(A) the identical provisions of those public laws referred to in such paragraph shall be treated as having been enacted only once, and
“(B) in executing to the United States Code and other statutes of the United States the amendments made by such identical provisions, such amendments shall be executed so as to appear only once in the law as amended.
“(2) Paragraph (1) applies with respect to the provisions of the Defense Appropriations Act and the Defense Authorization Act (as amended by sections 3, 4, 5, and 10(a)) referred to across from each other in the following table:
“Section 101(c) of Public Law 99–500
Section 101(c) of Public Law 99–591
Division A of
Public Law 99–661
“Title X
Title X
Title IX
“Sec. 9122
Sec. 9122
Sec. 522
“Sec. 9036(b)
Sec. 9036(b)
Sec. 1203
“Sec. 9115
Sec. 9115
Sec. 1311
“(b) Rule for Date of Enactment.—
(1) The date of the enactment of the provisions of law listed in the middle column, and in the right-hand column, of the table in subsection (a)(2) shall be deemed to be October 18, 1986 (the date of the enactment of Public Law 99–500).
“(2) Any reference in a provision of law referred to in paragraph (1) to ‘the date of the enactment of this Act’ shall be treated as a reference to October 18, 1986.”
[For classification of provisions listed in the table, see Tables.]
heading: Transfer of Functions
text: 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.
heading: Laws in Suspended Status Prior to 1980 Amendment by Pub. L. 96–513
text: Pub. L. 96–513, title VII, § 702, Dec. 12, 1980, 94 Stat. 2955, 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.”
heading: National Oceanic and Atmospheric Administration
text: 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.
heading: Public Health Service
text: 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.
heading: Elimination of Need for Certain Separate Conforming Amendments
text: Pub. L. 117–81, div. B, § 2003(b), Dec. 27, 2021, 135 Stat. 2162, provided that:
“(1) Automatic execution of conforming changes.—
When an amendment made by a provision of this division [div. B of Pub. L. 117–81, see Tables for classification] to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.
“(2) Exceptions.—
Paragraph (1) shall not apply to an amendment described in such paragraph when—
“(A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or
“(B) the amendment otherwise expressly exempts itself from the operation of this section.
“(3) Covered defense law.—
In this subsection, the term ‘covered defense law’ means—
“(A) titles 10, 32, and 37 of the United States Code;
“(B) any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
“(C) any other law designated in the text thereof as a covered defense law for purposes of application of this section.”
heading: Coordination of Certain Sections of an Act With Other Provisions of That Act
text: Pub. L. 117–81, div. A, title X, § 1081(d), Dec. 27, 2021, 135 Stat. 1922, provided that: “For purposes of applying amendments made by provisions of this Act other than this section [see Tables for classification], the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.”
Similar provisions were contained in the following prior acts:
Pub. L. 116–283, div. A, title X, § 1081(g), Jan. 1, 2021, 134 Stat. 3875.
Pub. L. 116–92, div. A, title XVII, § 1731(f), Dec. 20, 2019, 133 Stat. 1816.
Pub. L. 115–232, div. A, title X, § 1081(g), Aug. 13, 2018, 132 Stat. 1987.
Pub. L. 115–91, div. A, title X, § 1081(j), Dec. 12, 2017, 131 Stat. 1601.
Pub. L. 114–328, div. A, title X, § 1081(d), Dec. 23, 2016, 130 Stat. 2420.
Pub. L. 114–92, div. A, title X, § 1081(e), Nov. 25, 2015, 129 Stat. 1002.
Pub. L. 113–291, div. A, title X, § 1071(k), Dec. 19, 2014, 128 Stat. 3512.
Pub. L. 113–66, div. A, title X, § 1091(f), Dec. 26, 2013, 127 Stat. 877.
Pub. L. 112–239, div. A, title X, § 1076(m), Jan. 2, 2013, 126 Stat. 1956.
Pub. L. 109–364, div. A, title X, § 1071(i), Oct. 17, 2006, 120 Stat. 2403.
Pub. L. 107–107, div. A, title X, § 1048(j), Dec. 28, 2001, 115 Stat. 1230.
Pub. L. 106–398, § 1 [[div. A], title X, § 1087(h)], Oct. 30, 2000, 114 Stat. 1654, 1654A–294.
Pub. L. 106–65, div. A, title X, § 1066(e), Oct. 5, 1999, 113 Stat. 773.
Pub. L. 105–261, div. A, title X, § 1069(e), Oct. 17, 1998, 112 Stat. 2137.
Pub. L. 105–85, div. A, title X, § 1073(i), Nov. 18, 1997, 111 Stat. 1907.
Pub. L. 104–201, div. A, title X, § 1074(e), Sept. 23, 1996, 110 Stat. 2661.
Pub. L. 104–106, div. A, title XV, § 1506, Feb. 10, 1996, 110 Stat. 515.
Pub. L. 103–337, div. A, title X, § 1070(h), Oct. 5, 1994, 108 Stat. 2859.
Pub. L. 103–160, div. A, title XI, § 1182(h), Nov. 30, 1993, 107 Stat. 1774.
Pub. L. 102–484, div. A, title X, § 1055, Oct. 23, 1992, 106 Stat. 2503.
heading: Establishment of Certain Definitions
text: Pub. L. 117–81, div. A, title VI, § 626(c), Dec. 27, 2021, 135 Stat. 1775, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms ‘gold star family’ and ‘gold star survivor’.”
heading: Standardization of Definitions Used by the Department of Defense for Terms Related to Suicide
text: Pub. L. 117–81, div. A, title VII, § 726, Dec. 27, 2021, 135 Stat. 1795, provided that:
“(a) Standardization of Definitions.—
Not later than 120 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms:
“(1) ‘Suicide’.
“(2) ‘Suicide attempt’.
“(3) ‘Suicidal ideation’.
“(b) Required Use of Standardized Definitions.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection (a) for the terms specified in such subsection.
“(c) Briefing.—
Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection (a) and includes—
“(1) a description of the process that was used to develop such definitions;
“(2) a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and
“(3) an implementation plan to ensure the use of such definitions as required pursuant to subsection (b).”
heading: References to NDAA for Fiscal Year 2021
text: Pub. L. 116–283, § 1(b), as added by Pub. L. 117–81, div. A, title X, § 1081(b)(2), Dec. 27, 2021, 135 Stat. 1922, provided that: “Any reference in this or any other Act to the ‘National Defense Authorization Act for Fiscal Year 2021’ shall be deemed to be a reference to the ‘William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021’ [Pub. L. 116–283].”
[Pub. L. 117–81, div. A, title X, § 1081(b), Dec. 27, 2021, 135 Stat. 1922, provided that the enactment of section 1(b) of Pub. L. 116–283, set out above, by section 1081(b)(2) of Pub. L. 117–81 is effective as of Jan. 1, 2021, and as if included in Pub. L. 116–283.]
heading: Congressional Defense Committees Defined
text: The following provisions provided that the term “congressional defense committees” for purposes of the Acts in which they were contained has the meaning given that term in subsec. (a)(16) of this section:
Pub. L. 117–81, § 3, Dec. 27, 2021, 135 Stat. 1565.
Pub. L. 116–283, § 3, Jan. 1, 2021, 134 Stat. 3421.
Pub. L. 116–92, § 3, Dec. 20, 2019, 133 Stat. 1231.
Pub. L. 115–232, § 3, Aug. 13, 2018, 132 Stat. 1658.
Pub. L. 115–91, § 3, Dec. 12, 2017, 131 Stat. 1305.
Pub. L. 114–328, § 3, Dec. 23, 2016, 130 Stat. 2025.
Pub. L. 114–92, § 3, Nov. 25, 2015, 129 Stat. 745.
Pub. L. 113–291, § 3, Dec. 19, 2014, 128 Stat. 3312.
Pub. L. 113–66, § 3, Dec. 26, 2013, 127 Stat. 689.
Pub. L. 112–239, § 3, Jan. 2, 2013, 126 Stat. 1652.
Pub. L. 112–81, § 3, Dec. 31, 2011, 125 Stat. 1316.
Pub. L. 111–383, § 3, Jan. 7, 2011, 124 Stat. 4151.
Pub. L. 111–84, § 3, Oct. 28, 2009, 123 Stat. 2208.
Pub. L. 110–417, § 3, Oct. 14, 2008, 122 Stat. 4372.
Pub. L. 110–181, § 3, Jan. 28, 2007, 122 Stat. 23.
Pub. L. 109–364, § 3, Oct. 17, 2006, 120 Stat. 2100.
Pub. L. 109–163, § 3, Jan. 6, 2006, 119 Stat. 3152.
Pub. L. 108–375, § 3, Oct. 28, 2004, 118 Stat. 1825.
Pub. L. 109–148, div. A, title VIII, § 8028, Dec. 30, 2005, 119 Stat. 2704, provided that for purposes of Pub. L. 109–148 the term “congressional defense committees” means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives and, for any matter pertaining to basic allowance for housing, facilities sustainment, restoration and modernization, environmental restoration and the Defense Health Program, “congressional defense committees” also means the Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies [subcommittee jurisdiction now in Subcommittee on Military Construction, Veterans Affairs, and Related Agencies and Subcommittee on Defense] of the Committee on Appropriations of the House of Representatives.
The following provisions defined the term “congressional defense committees” for purposes of the Acts in which they were contained to mean the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives:
Pub. L. 111–118, div. A, title VIII, § 8028, Dec. 19, 2009, 123 Stat. 3434.
Pub. L. 110–329, div. C, title VIII, § 8028, Sept. 30, 2008, 122 Stat. 3627 (definition applies to div. C only).
Pub. L. 110–116, div. A, title VIII, § 8027, Nov. 13, 2007, 121 Stat. 1320.
Pub. L. 109–289, div. A, title VIII, § 8025, Sept. 29, 2006, 120 Stat. 1279.
Pub. L. 108–287, title VIII, § 8030, Aug. 5, 2004, 118 Stat. 977.
Pub. L. 108–87, title VIII, § 8031, Sept. 30, 2003, 117 Stat. 1079.
Pub. L. 107–248, title VIII, § 8031, Oct. 23, 2002, 116 Stat. 1543.
Pub. L. 107–117, div. A, title VIII, § 8034, Jan. 10, 2002, 115 Stat. 2255.
Pub. L. 106–259, title VIII, § 8034, Aug. 9, 2000, 114 Stat. 682.
Pub. L. 106–79, title VIII, § 8036, Oct. 25, 1999, 113 Stat. 1239.
The following provisions defined the term “congressional defense committees” for purposes of the Acts in which they were contained to mean the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives:
Pub. L. 108–136, § 3, Nov. 24, 2003, 117 Stat. 1406.
Pub. L. 107–314, § 3, Dec. 2, 2002, 116 Stat. 2471.
Pub. L. 107–107, § 3, Dec. 28, 2001, 115 Stat. 1027.
Pub. L. 106–398, § 1 [§ 3], Oct. 30, 2000, 114 Stat. 1654, 1654A–19.
Pub. L. 106–65, § 3, Oct. 5, 1999, 113 Stat. 529.
Pub. L. 103–337, § 3, Oct. 5, 1994, 108 Stat. 2678.
Pub. L. 103–160, § 3, Nov. 30, 1993, 107 Stat. 1562.
Pub. L. 102–484, § 3, Oct. 23, 1992, 106 Stat. 2331.
Pub. L. 102–190, § 3, Dec. 5, 1991, 105 Stat. 1301.
Pub. L. 102–25, § 3(4), Apr. 6, 1991, 105 Stat. 77.
Pub. L. 101–510, § 3, Nov. 5, 1990, 104 Stat. 1498.
Pub. L. 101–189, § 4, Nov. 29, 1989, 103 Stat. 1364.
The following provisions defined the term “congressional defense committees” for purposes of the Acts in which they were contained to mean the National Security Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on National Security of the Committee on Appropriations of the House of Representatives:
Pub. L. 105–262, title VIII, § 8036, Oct. 17, 1998, 112 Stat. 2305.
Pub. L. 105–56, title VIII, § 8038, Oct. 8, 1997, 111 Stat. 1229.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8040], Sept. 30, 1996, 110 Stat. 3009–71, 3009–97.
Pub. L. 104–61, title VIII, § 8049, Dec. 1, 1995, 109 Stat. 661.
The following provisions defined the term “congressional defense committees” for purposes of the Acts in which they were contained to mean the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives:
Pub. L. 105–261, § 3, Oct. 17, 1998, 112 Stat. 1935.
Pub. L. 105–85, § 3, Nov. 18, 1997, 111 Stat. 1645.
Pub. L. 104–201, § 3, Sept. 23, 1996, 110 Stat. 2439.
Pub. L. 104–106, § 3, Feb. 10, 1996, 110 Stat. 204.
The following provisions defined the term “congressional defense committees” for purposes of the Acts in which they were contained to mean the Committees on Armed Services, the Committees on Appropriations, and the subcommittees on Defense of the Committee on Appropriations, of the Senate and the House of Representatives:
Pub. L. 103–335, title VIII, § 8056, Sept. 30, 1994, 108 Stat. 2631.
Pub. L. 103–139, title VIII, § 8067, Nov. 11, 1993, 107 Stat. 1455.
Pub. L. 102–172, title VIII, § 8116, Nov. 26, 1991, 105 Stat. 1203.
heading: Definitions for Purposes of Pub. L. 102–25
text: Pub. L. 102–25, § 3, Apr. 6, 1991, 105 Stat. 77, as amended by Pub. L. 102–190, div. A, title XII, § 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 [former] section 251(b)(2)(D)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([former] 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).”