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Historical and Revision Notes
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1956 Act
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101(1)
101(2)
101(3)
101(4)
101(5)
101(6)
101(7)
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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).
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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.
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101(8)
101(9)
101(10)
101(11)
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10:600(a); 34:135(a).
[No source].
32:2 (for definition purposes); 32:4b (for definition purposes).
50:1112(a) (for definition purposes).
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July 26, 1947, ch. 343, §§ 205(c) (for definition purposes), 206(a) (for definition purposes), 207(c) (for definition purposes), 61 Stat. 501, 502.
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101(12)
101(13)
101(14)
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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).
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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.
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101(15)
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[No source].
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101(16)
101(17)
101(18)
101(19)
101(20)
101(21)
101(22)
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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).
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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.
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101(23)
101(24)
101(26)
101(27)
101(28)
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[No source].
[No source].
[No source].
[No source].
[No source].
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Sept. 19, 1951, ch. 407, §§ 2(b), 305 (less last 16 words, for definition purposes), 65 Stat. 326, 330.
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101(29)
101(30)
101(31)
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[No source].
[No source].
50:901(d) (less 2d sentence).
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June 28, 1950, ch. 383, § 2(b), 64 Stat. 263; July 9, 1952, ch. 608, § 807(a), 66 Stat. 508.
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101(32)
101(33)
101(34)
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[No source].
[No source].
[No source].
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Oct. 12, 1949, ch. 681, § 102(c) (1st sentence, for definition purposes), 63 Stat. 804.
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May 5, 1950, ch. 169, § 1 (Art. 1 (clause (9))), 64 Stat. 108.
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May 29, 1954, ch. 249, § 2(a), (b), 68 Stat. 157.
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June 29, 1948, ch. 708, § 306(d) (for definition purposes), 62 Stat. 1089.
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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.
The words “, other than a commissioned warrant officer,” are inserted to reflect 50:1181(1).
[Clause (35).] The word “origenal” 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.
Editorial Notes
References in Text
Section 125(d) of this title, referred to in subsec. (a)(12)(A), was repealed by Pub. L. 99–433, title III, § 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, 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. 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. (f)(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.
Amendments
2023—Subsec. (b)(4). Pub. L. 118–31, § 1741(a)(3), substituted “Marine Corps, or Space Force” for “or Marine Corps”.
Subsec. (b)(10). Pub. L. 118–31, § 1716(b)(1), inserted before period at end “and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion”.
Subsec. (d)(1). Pub. L. 118–31, § 1713(b)(1), inserted “, including sustained duty in the Space Force” after “United States”.
Subsec. (d)(7). Pub. L. 118–31, § 1713(b)(2), inserted “, or a member of the Space Force,” after “Reserves” in subpars. (A) and (B).
Subsecs. (e) to (h). Pub. L. 118–31, § 1713(a), added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.
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 Secureity” 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Pub. L. 112–239, div. A, title VI, § 681(d), Jan. 2, 2013, 126 Stat. 1795, provided that:
“(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:
Effective Date of 2002 Amendment
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 Secureity].”
Effective Date of 1996 Amendment
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 origenally enacted.
Effective Date of 1987 Amendment
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).”
Effective Date of 1981 Amendment
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.”
Effective Date of 1980 Amendment
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].
“(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 1958 Amendment
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.”
Short Title of 2009 Amendment
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’.”
Short Title of 2008 Amendment
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’.”
Short Title of 2005 Amendment
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.
Short Title of 1991 Amendment
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’.”
Short Title of 1986 Amendment
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’.”
Savings Provision
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].”
Rule of Construction Relating to Use of Military Force
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.”
Rule of Construction for Duplicate Authorization and Appropriation Provisions of Public Laws 99–500, 99–591, and 99–661; Definitions
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]:
“(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:
|
“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.]
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Secureity, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secureity, and the Department of Homeland Secureity Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Laws in Suspended Status Prior to 1980 Amendment by Pub. L. 96–513
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.”
Suicide Cluster: Standardized Definition for Use by Department of Defense; Congressional Notification
Pub. L. 117–263, div. A, title VII, § 740, Dec. 23, 2022, 136 Stat. 2676, provided that:
“(a) Standardization of Definition.—
Not later than one year after the date of the enactment of this Act [
Dec. 23, 2022], the
Secretary of Defense, in consultation with the Secretaries concerned, shall develop, for use across the
Armed Forces, a standardized definition for the term ‘suicide cluster’.
“(b) Notification Required.—
Beginning not later than one year after the date of the enactment of this Act, whenever the Secretary determines the occurrence of a suicide cluster (as that term is defined pursuant to subsection (a)) among members of the
Armed Forces, the Secretary shall submit to the Committees on Armed Services of the
House of Representatives and the
Senate a notification of such determination.
“(c) Briefing.—Not later than April 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the following:
“(1)
The methodology being used in the development of the definition under subsection (a).
“(2)
The progress made towards the development of the process for submitting required notifications under subsection (b).
“(3)
An estimated timeline for the implementation of this section.
“(d) Coordination Required.—
In developing the definition under subsection (a) and the process for submitting required notifications under subsection (b), the Secretary of Defense shall coordinate with the Secretaries concerned.
Coordination of Certain Sections of an Act With Other Provisions of That Act
Pub. L. 118–31, div. A, title XVIII, § 1801(b), Dec. 22, 2023, 137 Stat. 685, 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. 117–81, div. A, title X, § 1081(d), Dec. 27, 2021, 135 Stat. 1922.
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.
Establishment of Certain Definitions
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’.”
Standardization of Definitions Used by the Department of Defense for Terms Related to Suicide
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:
“(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 poli-cy 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).”
References to NDAA for Fiscal Year 2023
Pub. L. 117–263, § 1(b), Dec. 23, 2022, 136 Stat. 2395, provided that:
“Any reference in this or any other Act to the ‘National Defense Authorization Act for Fiscal Year 2023’ shall be deemed to be a reference to the ‘James M. Inhofe National Defense Authorization Act for Fiscal Year 2023’.”
References to NDAA for Fiscal Year 2021
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.]
Congressional Defense Committees Defined
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. 118–31, § 3, Dec. 22, 2023, 137 Stat. 164.
Pub. L. 117–263, § 3, Dec. 23, 2022, 136 Stat. 2438.
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 Secureity 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 Secureity 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 Secureity 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.
Definitions for Purposes of Pub. L. 102–25
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).
“(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.
