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U.S. Code as of:
01/19/04
Section 101. Definitions
(a) In General. - The following definitions apply in this title:
(1) The term "United States", in a geographic sense, means the
States and the District of Columbia.
(2) The term "Territory" (except as provided in section 101(1)
of title 32 for laws relating to the militia, the National Guard,
the Army National Guard of the United States, and the Air
National Guard of the United States) means any Territory
organized after August 10, 1956, so long as it remains a
Territory.
(3) The term "possessions" includes the Virgin Islands, Guam,
American Samoa, and the Guano Islands, so long as they remain
possessions, but does not include any Territory or Commonwealth.
(4) The term "armed forces" means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(5) The term "uniformed services" means -
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and
Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term "department", when used with respect to a military
department, means the executive part of the department and all
field headquarters, forces, reserve components, installations,
activities, and functions under the control or supervision of the
Secretary of the department. When used with respect to the
Department of Defense, such term means the executive part of the
department, including the executive parts of the military
departments, and all field headquarters, forces, reserve
components, installations, activities, and functions under the
control or supervision of the Secretary of Defense, including
those of the military departments.
(7) The term "executive part of the department" means the
executive part of the Department of Defense, Department of the
Army, Department of the Navy, or Department of the Air Force, as
the case may be, at the seat of government.
(8) The term "military departments" means the Department of the
Army, the Department of the Navy, and the Department of the Air
Force.
(9) The term "Secretary concerned" means -
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard when
it is operating as a service in the Department of the Navy;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of 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, 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.
(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).
(b) Personnel Generally. - The following definitions relating to
military personnel apply in this title:
(1) The term "officer" means a commissioned or warrant officer.
(2) The term "commissioned officer" includes a commissioned
warrant officer.
(3) The term "warrant officer" means a person who holds a
commission or warrant in a warrant officer grade.
(4) The term "general officer" means an officer of the Army,
Air Force, or Marine Corps serving in or having the grade of
general, lieutenant general, major general, or brigadier general.
(5) The term "flag officer" means an officer of the Navy or
Coast Guard serving in or having the grade of admiral, vice
admiral, rear admiral, or rear admiral (lower half).
(6) The term "enlisted member" means a person in an enlisted
grade.
(7) The term "grade" means a step or degree, in a graduated
scale of office or military rank, that is established and
designated as a grade by law or regulation.
(8) The term "rank" means the order of precedence among members
of the armed forces.
(9) The term "rating" means the name (such as "boatswain's
mate") prescribed for members of an armed force in an
occupational field. The term "rate" means the name (such as
"chief boatswain's mate") prescribed for members in the same
rating or other category who are in the same grade (such as chief
petty officer or seaman apprentice).
(10) The term "original", with respect to the appointment of a
member of the armed forces in a regular or reserve component,
refers to that member's most recent appointment in that component
that is neither a promotion nor a demotion.
(11) The term "authorized strength" means the largest number of
members authorized to be in an armed force, a component, a
branch, a grade, or any other category of the armed forces.
(12) The term "regular", with respect to an enlistment,
appointment, grade, or office, means enlistment, appointment,
grade, or office in a regular component of an armed force.
(13) The term "active-duty list" means a single list for the
Army, Navy, Air Force, or Marine Corps (required to be maintained
under section 620 of this title) which contains the names of all
officers of that armed force, other than officers described in
section 641 of this title, who are serving on active duty.
(14) The term "medical officer" means an officer of the Medical
Corps of the Army, an officer of the Medical Corps of the Navy,
or an officer in the Air Force designated as a medical officer.
(15) The term "dental officer" means an officer of the Dental
Corps of the Army, an officer of the Dental Corps of the Navy, or
an officer of the Air Force designated as a dental officer.
(c) Reserve Components. - The following definitions relating to
the reserve components apply in this title:
(1) The term "National Guard" means the Army National Guard and
the Air National Guard.
(2) The term "Army National Guard" means that part of the
organized militia of the several States and Territories, Puerto
Rico, and the District of Columbia, active and inactive, that -
(A) is a land force;
(B) is trained, and has its officers appointed, under the
sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
(D) is federally recognized.
(3) The term "Army National Guard of the United States" means
the reserve component of the Army all of whose members are
members of the Army National Guard.
(4) The term "Air National Guard" means that part of the
organized militia of the several States and Territories, Puerto
Rico, and the District of Columbia, active and inactive, that -
(A) is an air force;
(B) is trained, and has its officers appointed, under the
sixteenth clause of section 8, article I, of the Constitution;
(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
(D) is federally recognized.
(5) The term "Air National Guard of the United States" means
the reserve component of the Air Force all of whose members are
members of the Air National Guard.
(6) The term "reserve", with respect to an enlistment,
appointment, grade, or office, means enlistment, appointment,
grade, or office held as a Reserve of one of the armed forces.
(7) The term "reserve active-status list" means a single list
for the Army, Navy, Air Force, or Marine Corps (required to be
maintained under section 14002 of this title) that contains the
names of all officers of that armed force except warrant officers
(including commissioned warrant officers) who are in an active
status in a reserve component of the Army, Navy, Air Force, or
Marine Corps and are not on an active-duty list.
(d) Duty Status. - The following definitions relating to duty
status apply in this title:
(1) The term "active duty" means full-time duty in the active
military service of the United States. Such term includes
full-time training duty, annual training duty, and attendance,
while in the active military service, at a school designated as a
service school by law or by the Secretary of the military
department concerned. Such term does not include full-time
National Guard duty.
(2) The term "active duty for a period of more than 30 days"
means active duty under a call or order that does not specify a
period of 30 days or less.
(3) The term "active service" means service on active duty or
full-time National Guard duty.
(4) The term "active status" means the status of a member of a
reserve component who is not in the inactive Army National Guard
or inactive Air National Guard, on an inactive status list, or in
the Retired Reserve.
(5) The term "full-time National Guard duty" means training or
other duty, other than inactive duty, performed by a member of
the Army National Guard of the United States or the Air National
Guard of the United States in the member's status as a member of
the National Guard of a State or territory, the Commonwealth of
Puerto Rico, or the District of Columbia under section 316, 502,
503, 504, or 505 of title 32 for which the member is entitled to
pay from the United States or for which the member has waived pay
from the United States.
(6)(A) The term "active Guard and Reserve duty" means active
duty or full-time National Guard duty performed by a member of a
reserve component of the Army, Navy, Air Force, or Marine Corps,
or full-time National Guard duty performed by a member of the
National Guard, pursuant to an order to active duty or full-time
National Guard duty for a period of 180 consecutive days or more
for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components.
(B) Such term does not include the following:
(i) Duty performed as a member of the Reserve Forces Policy
Board provided for under section 10301 of this title.
(ii) Duty performed as a property and fiscal officer under
section 708 of title 32.
(iii) Duty performed for the purpose of interdiction and
counter-drug activities for which funds have been provided
under section 112 of title 32.
(iv) Duty performed as a general or flag officer.
(v) Service as a State director of the Selective Service
System under section 10(b)(2) of the Military Selective Service
Act (50 U.S.C. App. 460(b)(2)).
(7) The term "inactive-duty training" means -
(A) duty prescribed for Reserves by the Secretary concerned
under section 206 of title 37 or any other provision of law;
and
(B) special additional duties authorized for Reserves by an
authority designated by the Secretary concerned and performed
by them on a voluntary basis in connection with the prescribed
training or maintenance activities of the units to which they
are assigned.
Such term includes those duties when performed by Reserves in
their status as members of the National Guard.
(e) 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 Defense 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.
(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.
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