§101 . Definitions
(a)
(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)
(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)
(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)
(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 reserve commissioned officer, other than a commissioned warrant officer, 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 175 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)
(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)
(Aug. 10, 1956, ch. 1041,
| 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)),
July 9, 1952, ch. 608, §101(d) (less 2d sentence), (e), (g), §702 (for definition purposes), |
| 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), |
| 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),
June 3, 1916, ch. 134, §62 (1st 36 words of last proviso),
June 3, 1916, ch. 134, §117 (for definition purposes), |
| 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), |
| 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), |
| 101(29) 101(30) 101(31) |
[No source]. [No source]. 50:901(d) (less 2d sentence). |
June 28, 1950, ch. 383, §2(b), |
| 101(32) 101(33) 101(34) |
[No source]. [No source]. [No source]. |
Oct. 12, 1949, ch. 681, §102(c) (1st sentence, for definition purposes), |
| May 5, 1950, ch. 169, §1 (Art. 1 (clause (9))), |
||
| May 29, 1954, ch. 249, §2(a), (b), |
||
| June 29, 1948, ch. 708, §306(d) (for definition purposes), |
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),
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.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101(25) | 50:1181(6). | Sept. 3, 1954, ch. 1257, §102(6), |
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
Amendments
1994-Subsec. (a)(13)(B).
Subsec. (c)(7).
Subsec. (d)(6), (7).
1992-
1991-Par. (47).
1990-Par. (46).
1988-Pars. (3), (10), (12).
1987-Par. (1).
Par. (2).
Pars. (3) to (7).
Pars. (8) to (13).
Par. (14).
Pars. (15) to (19).
Par. (20).
Pars. (21) to (43).
Pars. (44), (45).
1986-Par. (43).
Pars. (44), (45).
1985-Par. (41).
1984-Par. (22).
Par. (24).
Par. (42).
1981-Par. (41).
1980-Par. (22).
Par. (36).
Pars. (37) to (41).
1972-Par. (2).
1968-Par. (8)(D).
Par. 36.
1962-Par. (31)(A).
1960-Par. (2).
1959-Par. (2).
1958-Par. (25).
Par. (35).
Effective Date of 1994 Amendment
Amendment by section 1671(c)(1) of
Effective Date of 1987 Amendment
Section 1233(c)[(1)] of
Effective Date of 1981 Amendment
Section 405(f) of
Effective Date of 1980 Amendment
Section 701 of
"(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
Effective Date of 1962 Amendment
Amendment by
Effective Date of 1958 Amendment
Section 33(g) of
Short Title of 1991 Amendment
Short Title of 1987 Amendment
Section 1 of
Short Title of 1981 Amendment
Section 1(a) of
Short Title of 1980 Amendment
Section 1(a) of
Savings Provision
Section 703 of
Laws in Suspended Status Prior to 1980 Amendment by Pub. L. 96–513
Section 702 of
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 Section 1070 of Pub. L. 103–337 With Other Provisions of Pub. L. 103–337
Section 1070(h) of
Coordination of Section 1182 of Pub. L. 103–160 With Other Provisions of Pub. L. 103–160
Coordination of Sections 1052, 1053, and 1054 of Pub. L. 102–484 With Other Provisions of Pub. L. 102–484
Section 1055 of
Definitions for Purposes of Pub. L. 102–25
"(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 (
Cross References
Army, see section 3001 of this title.
Enlistment, Army or Air Force, see sections 3251, 8251 of this title.
Partial mobilization, see section 10207 of this title.
Section Referred to in Other Sections
This section is referred to in title 5 sections 8331, 8401; title 14 section 423; title 18 section 232; title 33 sections 853o, 857–1; title 37 section 101; title 39 section 3401; title 42 sections 5170b, 7235, 12639; title 50 App. section 592.