Notes on 10 U.S.C. § 101 : US Code - Notes

Search Notes on 10 U.S.C. § 101 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Pub. L. 85-861, Secs. 1(1),
33(a)(1), Sept. 2, 1958, 72 Stat. 1437, 1564; Pub. L. 86-70, Sec.
6(a), June 25, 1959, 73 Stat. 142; Pub. L. 86-624, Sec. 4(a), July
12, 1960, 74 Stat. 411; Pub. L. 87-649, Sec. 6(f)(1), Sept. 7,
1962, 76 Stat. 494; Pub. L. 90-235, Sec. 7(a)(1), Jan. 2, 1968, 81
Stat. 762; Pub. L. 90-623, Sec. 2(1), Oct. 22, 1968, 82 Stat. 1314;
Pub. L. 92-492, Sec. 1, Oct. 13, 1972, 86 Stat. 810; Pub. L. 96-
513, title I, Secs. 101, 115(a), title V, Sec. 501(2), Dec. 12,
1980, 94 Stat. 2839, 2877, 2907; Pub. L. 97-22, Sec. 2(a), July 10,
1981, 95 Stat. 124; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec.
1, 1981, 95 Stat. 1105; Pub. L. 98-525, title IV, Sec. 414(a)(1),
Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99-145, title V, Sec.
514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-348, title III,
Sec. 303, July 1, 1986, 100 Stat. 703; Pub. L. 99-433, title III,
Sec. 302, Oct. 1, 1986, 100 Stat. 1022; Pub. L. 100-26, Sec. 7(i),
(k)(1), Apr. 21, 1987, 101 Stat. 282, 283; Pub. L. 100-180, div. A,
title XII, Secs. 1231(1), (20), 1233(a)(2), Dec. 4, 1987, 101 Stat.
1160, 1161; Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1),
Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-510, div. A, title XII,
Sec. 1204, Nov. 5, 1990, 104 Stat. 1658; Pub. L. 102-190, div. A,
title VI, Sec. 631(a), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102-
484, div. A, title X, Sec. 1051(a), Oct. 23, 1992, 106 Stat. 2494;
Pub. L. 103-337, div. A, title V, Sec. 514, title XVI, Secs. 1621,
1671(c)(1), Oct. 5, 1994, 108 Stat. 2753, 2960, 3014; Pub. L. 104-
106, div. A, title XV, Sec. 1501(c)(1), Feb. 10, 1996, 110 Stat.
498; Pub. L. 104-201, div. A, title V, Sec. 522, Sept. 23, 1996,
110 Stat. 2517; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov.
25, 2002, 116 Stat. 2314; Pub. L. 108-136, div. A, title X, Secs.
1042(a), 1043(a), 1045(a)(2), Nov. 24, 2003, 117 Stat. 1608, 1610,
1612; Pub. L. 108-375, div. A, title X, Sec. 1084(a), Oct. 28,
2004, 118 Stat. 2060; Pub. L. 109-163, div. A, title X, Secs.
1056(c)(1), 1057(a)(1), (2), Jan. 6, 2006, 119 Stat. 3439, 3440;
Pub. L. 109-364, div. A, title V, Sec. 524, Oct. 17, 2006, 120
Stat. 2193.)
HISTORICAL AND REVISION NOTES
1956 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
101(1) 50:351 (clause (b)). Sept. 16, 1942, ch. 561,
Sec. 401 (clause (b));
added Apr. 1, 1944, ch.
150, Sec. 401 (clause
(b)); restated Apr. 19,
1946, ch. 142, Sec. 401
(clause (b)), 60 Stat.
102.
101(2)
101(3)
101(4)
101(5)




101(6)
101(7)
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).
July 9, 1952, ch. 608,
Sec. 101(d) (less 2d
sentence), (e), (g),
Sec. 702 (for definition
purposes), 66 Stat. 481,
482, 501.
101(8) 10:600(a); 34:135(a). July 26, 1947, ch. 343,
Secs. 205(c) (for
definition purposes),
206(a) (for definition
purposes), 207(c) (for
definition purposes), 61
Stat. 501, 502.
101(9)
101(10)


101(11)
[No source].
32:2 (for definition
purposes); 32:4b (for
definition purposes).
50:1112(a) (for
definition purposes).
101(12) 10:1835 (less last 16 July 26, 1947, ch. 343,
words, for definition Sec. 201(b) (last 31
purposes); 32:2 (for words of clause (1), for
definition purposes); definition purposes);
32:4b (for definition restated Aug. 10, 1949,
purposes). ch. 412, Sec. 4 (last 31
words of clause (1) of
201(b), for definition
purposes), 63 Stat. 579.





101(13)

101(14)
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).
June 3, 1916, ch. 134,
Sec. 62 (1st 36 words of
last proviso), 39 Stat.
198.
June 3, 1916, ch. 134,
Sec. 117 (for definition
purposes), 39 Stat. 212.
101(15) [No source].
101(16) 10:600(b); 34:135(b). June 3, 1916, ch. 134,
Sec. 71 (for definition
purposes); added June
15, 1933, ch. 87, Sec. 9
(for definition
purposes), 48 Stat. 157;
Oct. 12, 1949, ch. 681,
Sec. 530 (for definition
purposes), 63 Stat. 837;
July 9, 1952, ch. 608,
Sec. 803 (9th par., for
definition purposes), 66
Stat. 505.
101(17)



101(18)
101(19)
101(20)
101(21)
101(22)
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).
101(23) [No source]. Sept. 19, 1951, ch. 407,
Secs. 2(b), 305 (less
last 16 words, for
definition purposes), 65
Stat. 326, 330.
101(24)
101(26)
101(27)
101(28)
[No source].
[No source].
[No source].
[No source].
101(29) [No source]. June 28, 1950, ch. 383,
Sec. 2(b), 64 Stat. 263;
July 9, 1952, ch. 608,
Sec. 807(a), 66 Stat.
508.
101(30)
101(31)

[No source].
50:901(d) (less 2d
sentence).
101(32) [No source]. Oct. 12, 1949, ch. 681,
Sec. 102(c) (1st
sentence, for definition
purposes), 63 Stat. 804.
101(33)
101(34)
[No source].
[No source].
May 5, 1950, ch. 169,
Sec. 1 (Art. 1 (clause
(9))), 64 Stat. 108.
May 29, 1954, ch. 249,
Sec. 2(a), (b), 68 Stat.
157.
June 29, 1948, ch. 708,
Sec. 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, Sec. 117 (last 66 words), 39 Stat. 212, is not
contained in 32:2. It is also omitted from the revised section as
repealed by the Act of February 28, 1925, ch. 374, Sec. 3, 43 Stat.
1081.
In clauses (10) and (11), the word "Army" is inserted to
distinguish the organizations defined from their Air Force
counterparts.
In clauses (10) and (12), the words "unless the context or
subject matter otherwise requires" and "as provided in this title",
in 32:4b, are omitted as surplusage.
In clauses (10)(B) and (12)(B), the words "has its officers
appointed" are substituted for the word "officered", in 32:4b.
In clauses (11) and (13), only that much of the description of
the composition of the Army National Guard of the United States and
the Air National Guard of the United States is used as is necessary
to distinguish these reserve components, respectively, from the
other reserve components.
In clause (12)(A), the words "an air force" are substituted for
the words "for which Federal responsibility has been vested in the
Secretary of the Air Force or the Department of the Air Force
pursuant to law", in 10:1835, and for 32:2 (as applicable to Air
National Guard), to make the definition of "Air National Guard"
parallel with the definition of "Army National Guard", and to make
explicit the intent of Congress, in creating the Air National
Guard, that the organized militia henceforth should consist of
three mutually exhaustive classes comprising the Army, Air, and
Naval militia.
In clause (14), the definition of "officer" is based on the
source statutes instead of 50:551(5), which excludes warrant
officers. The reference to appointment in 10:1a(b) (2d sentence and
10:1801(b) (2d sentence), and the words "commissioned warrant
officer", "flight officer", and "either permanent or temporary", in
37:231(c) (1st sentence), are omitted as surplusage. 5:181-3(b)
(1st sentence), 10:1a(b) (1st sentence), and 10:1801(b) (1st
sentence) are omitted as covered by the definitions in clauses (14)
and (16) of the revised section and by section 3062(c) and section
8062(d) of this title.
In clause (16), the words "unless otherwise qualified",
"permanent or temporary", and "in the Army, Navy, Air Force, Marine
Corps, or Coast Guard, including any component thereof" are omitted
as surplusage. The word "person" is substituted for the word
"officer".
In clause (22), the definition of "active duty" is based on the
definition of "active Federal service" in the source statute, since
it is believed to be closer to general usage than the definition in
50:901(b), which excludes active duty for training from the general
concept of active duty.
1958 ACT
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
101(25) 50:1181(6). Sept. 3, 1954, ch. 1257,
Sec. 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.
REFERENCES IN TEXT
Section 125(d) of this title, referred to in subsec. (a)(12)(A),
was repealed by Pub. L. 99-433, title III, Sec. 301(b)(1), Oct. 1,
1986, 100 Stat. 1022.
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, Sec. 1, 68 Stat. 921, and amended, which is
classified generally to chapter 23 (Sec. 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.
CODIFICATION
Pub. L. 107-296, Sec. 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).
AMENDMENTS
2006 - Subsec. (a)(2). Pub. L. 109-163, Sec. 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, Sec. 1057(a)(2), struck out
"Territory or" before "Commonwealth".
Subsec. (b)(16). Pub. L. 109-364, Sec. 524(1), added par. (16).
Subsec. (d)(6)(A). Pub. L. 109-364, Sec. 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, Sec. 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, Sec. 1045(a)(2),
substituted "Homeland Security" for "Transportation".
Subsec. (a)(16), (17). Pub. L. 108-136, Sec. 1043(a), added pars.
(16) and (17).
Subsecs. (e) to (g). Pub. L. 108-136, Sec. 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, Sec. 1671(c)(1),
substituted "688, 12301(a), 12302, 12304, 12305, or 12406" for
"672(a), 673, 673b, 673c, 688, 3500, or 8500".
Subsec. (c)(7). Pub. L. 103-337, Sec. 1621, added par. (7).
Subsec. (d)(6), (7). Pub. L. 103-337, Sec. 514, added par. (6)
and redesignated former par. (6) as (7).
1992 - Pub. L. 102-484 amended section generally, substituting
subsecs. (a) to (f) for former pars. (1) to (47) which defined
terms for purposes of this title.
1991 - Par. (47). Pub. L. 102-190 added par. (47).
1990 - Par. (46). Pub. L. 101-510 added par. (46).
1988 - Pars. (3), (10), (12). Pub. L. 100-456 struck out "the
Canal Zone," after "the Virgin Islands," in par. (3) and after
"Puerto Rico," in pars. (10) and (12).
1987 - Par. (1). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted "The
term" after par. designation.
Par. (2). Pub. L. 100-26, Sec. 7(1)(k)(B), inserted "the term"
after "Air National Guard of the United States,".
Pub. L. 100-180, Sec. 1233(a)(2), amended directory language of
Pub. L. 100-26, Sec. 7(k)(1)(C), by adding par. (2) to those pars.
excepted from direction that initial letter of first word after
open quotation marks in each par. be made lowercase rather than
uppercase.
Pars. (3) to (7). Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted
"The term" after par. designation and struck out uppercase letter
of first word after open quotation marks and substituted lowercase
letter.
Pars. (8) to (13). Pub. L. 100-26, Sec. 7(k)(1)(A), inserted "The
term" after par. designation.
Par. (14). Pub. L. 100-180, Sec. 1231(1), inserted "a" after
"means".
Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after
par. designation and struck out uppercase letter of first word
after open quotation marks and substituted lowercase letter.
Pars. (15) to (19). Pub. L. 100-26, Sec. 7(k)(1)(A), (C),
inserted "The term" after par. designation and struck out uppercase
letter of first word after open quotation marks and substituted
lowercase letter.
Par. (20). Pub. L. 100-180, Sec. 1231(20), substituted "The term
'rate" for " 'Rate" in second sentence.
Pub. L. 100-26, Sec. 7(k)(1)(A), (C), inserted "The term" after
par. designation and struck out uppercase letter of first word
after open quotation marks and substituted lowercase letter.
Pars. (21) to (43). Pub. L. 100-26, Sec. 7(k)(1)(A), (C),
inserted "The term" after par. designation and struck out uppercase
letter of first word after open quotation marks and substituted
lowercase letter.
Pars. (44), (45). Pub. L. 100-26, Sec. 7(i)(1), (k)(1)(A),
inserted "The term" after par. designation and substituted "October
1, 1986" for "the date of the enactment of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986".
1986 - Par. (43). Pub. L. 99-348 added par. (43).
Pars. (44), (45). Pub. L. 99-433 added pars. (44) and (45).
1985 - Par. (41). Pub. L. 99-145 substituted "rear admiral (lower
half)" for "commodore".
1984 - Par. (22). Pub. L. 98-525, Sec. 414(a)(1)(A), inserted "It
does not include full-time National Guard duty."
Par. (24). Pub. L. 98-525, Sec. 414(a)(1)(B), inserted "or full-
time National Guard duty".
Par. (42). Pub. L. 98-525, Sec. 414(a)(1)(C), added par. (42).
1981 - Par. (41). Pub. L. 97-86 substituted "commodore" for
"commodore admiral".
Pub. L. 97-22 inserted "or Coast Guard" after "Navy".
1980 - Par. (22). Pub. L. 96-513, Sec. 501(2), struck out "duty
on the active list," after "It includes".
Par. (36). Pub. L. 96-513, Sec. 115(a), struck out par. (36)
which provided that "dependent", with respect to a female member of
an armed force, did not include her husband, unless he was in fact
dependent on her for his chief support, or her child, unless his
father was dead or he was in fact dependent on her for his chief
support.
Pars. (37) to (41). Pub. L. 96-513, Sec. 101, added pars. (37) to
(41).
1972 - Par. (2). Pub. L. 92-492 inserted "Except as provided in
section 101(1) of title 32 for laws relating to the militia, the
National Guard, the Army National Guard of the United States,"
before "Territory".
1968 - Par. (8)(D). Pub. L. 90-623 substituted "Secretary of
Transportation" for "Secretary of the Treasury".
Par. 36. Pub. L. 90-235 added par. (36).
1962 - Par. (31)(A). Pub. L. 87-649 substituted "section 206 of
title 37" for "section 301 of title 37".
1960 - Par. (2). Pub. L. 80-624 struck out reference to Hawaii.
1959 - Par. (2). Pub. L. 80-70 struck out reference to Alaska.
1958 - Par. (25). Pub. L. 85-861, Sec. 1(1), added par. (25).
Par. (35). Pub. L. 85-861, Sec. 33(a)(1), added par. (35).
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-296, title XVII, Sec. 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]."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1501(c) of Pub. L. 104-106 provided that the amendment
made by that section is effective as of Dec. 1, 1994, and as if
included as an amendment made by the Reserve Officer Personnel
Management Act, title XVI of Pub. L. 103-337, as originally
enacted.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 1671(c)(1) of Pub. L. 103-337 effective Dec.
1, 1994, except as otherwise provided, and amendment by section
1621 of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691 of
Pub. L. 103-337, set out as an Effective Date note under section
10001 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 1233(c)[(1)] of Pub. L. 100-180 provided that: "The
amendments made by subsection (a) [amending this section, section
2432 of this title, and section 406b of Title 37, Pay and
Allowances of the Uniformed Services] shall apply as if included in
the enactment of the Defense Technical Corrections Act of 1987
(Public Law 100-26)."
EFFECTIVE DATE OF 1981 AMENDMENT
Section 405(f) of Pub. L. 97-86 provided that: "The amendments
made by this section [amending this section, sections 525, 601,
611, 612, 619, 625, 634, 635, 637, 638, 645, 741, 5138, 5149, 5155,
5442, 5444, 5457, 5501, and 6389 of this title, section 201 of
Title 37, Pay and Allowances of the Uniformed Services, and a
provision set out as a note under section 611 of this title] shall
take effect as of September 15, 1981."
EFFECTIVE DATE OF 1980 AMENDMENT
Section 701 of Pub. L. 96-513 provided that:
"(a) Except as provided in subsection (b), this Act and the
amendments made by this Act [see Tables for classification] shall
take effect on September 15, 1981.
"(b)(1) The authority to prescribe regulations under the
amendments made by titles I through IV and under the provisions of
title VI shall take effect on the date of the enactment of this Act
[Dec. 12, 1980].
"(2) The amendment made by section 415 [enacting section 302(h)
of Title 37, Pay and Allowances of the Uniformed Services] shall
take effect as of July 1, 1980.
"(3) The amendments made by part B of title V shall take effect
on the date of the enactment of this Act [Dec. 12, 1980].
"(4) Part D of title VI shall take effect on the date of the
enactment of this Act [Dec. 12, 1980]."
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
15 of Pub. L. 87-649, set out as an Inconsistent Provisions note
preceding section 101 of Title 37, Pay and Allowances of the
Uniformed Services.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 33(g) of Pub. L. 85-861 provided that: "This section [see
Tables for classification] is effective as of August 10, 1956, for
all purposes."
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-148, div. A, title VIII, Sec. 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, Sec. 1071(f)(3), Oct. 17, 2006, 120 Stat. 2402.
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-38, Sec. 1, July 22, 1999, 113 Stat. 205, provided
that: "This Act [enacting provisions set out as notes under section
2431 of this title and section 5901 of Title 22, Foreign Relations
and Intercourse] may be cited as the 'National Missile Defense Act
of 1999'."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-25, Sec. 1, Apr. 6, 1991, 105 Stat. 75, provided
that: "This Act [see Tables for classification] may be cited as the
'Persian Gulf Conflict Supplemental Authorization and Personnel
Benefits Act of 1991'."
SHORT TITLE OF 1987 AMENDMENT
Section 1 of Pub. L. 100-26 provided that: "This Act [see Tables
for classification] may be cited as the 'Defense Technical
Corrections Act of 1987'."
SHORT TITLE OF 1981 AMENDMENT
Section 1(a) of Pub. L. 97-22 provided that: "this Act [see
Tables for classification] may be cited as the 'Defense Officer
Personnel Management Act Technical Corrections Act'."
SHORT TITLE OF 1980 AMENDMENT
Section 1(a) of Pub. L. 96-513 provided that: "This Act [see
Tables for classification] may be cited as the 'Defense Officer
Personnel Management Act'."
SAVINGS PROVISION
Section 703 of Pub. L. 96-513 provided that: "Except as otherwise
provided in this Act, the provisions of this Act and the amendments
made by this Act [see Tables for classification] do not affect
rights and duties that matured, penalties that were incurred, and
proceedings that were begun before the effective date of this Act
[see Effective Date of 1980 Amendment note above]."
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 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.
LAWS IN SUSPENDED STATUS PRIOR TO 1980 AMENDMENT BY PUB. L. 96-513
Section 702 of Pub. L. 96-513 provided that: "If a provision of
law that is in a suspended status on the day before the effective
date of this Act [see Effective Date of 1980 Amendment note above]
is amended by this Act [see Tables for classification], the
suspended status of that provision is not affected by that
amendment."
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Authority vested by this title in "military departments", "the
Secretary concerned", or "the Secretary of Defense" to be
exercised, with respect to 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.
PUBLIC HEALTH SERVICE
Authority vested by this title in "military departments", "the
Secretary concerned", or "the Secretary of Defense" to be
exercised, with respect to commissioned officers of Public Health
Service, by Secretary of Health and Human Services or his designee,
see section 213a of Title 42, The Public Health and Welfare.
COORDINATION OF CERTAIN SECTIONS OF AN ACT WITH OTHER PROVISIONS OF
THAT ACT
Pub. L. 109-364, div. A, title X, Sec. 1071(i), Oct. 17, 2006,
120 Stat. 2403, provided that: "For purposes of applying amendments
made by provisions of this Act other than provisions of this
section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other
provisions of this Act."
Pub. L. 107-107, div. A, title X, Sec. 1048(j), Dec. 28, 2001,
115 Stat. 1230, provided that: "For purposes of applying amendments
made by provisions of this Act other than provisions of this
section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other
provisions of this Act."
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(h)], Oct.
30, 2000, 114 Stat. 1654, 1654A-294, provided that: "For purposes
of applying amendments made by provisions of this Act other than
provisions of this section [section 1087 of H.R. 5408, as enacted
by section 1 of Pub. L. 106-398, see Tables for classification],
this section shall be treated as having been enacted immediately
before the other provisions of this Act."
Pub. L. 106-65, div. A, title X, Sec. 1066(e), Oct. 5, 1999, 113
Stat. 773, provided that: "For purposes of applying amendments made
by provisions of this Act other than provisions of this section
[see Tables for classification], this section shall be treated as
having been enacted immediately before the other provisions of this
Act."
Pub. L. 105-261, div. A, title X, Sec. 1069(e), Oct. 17, 1998,
112 Stat. 2137, provided that: "For purposes of applying amendments
made by provisions of this Act other than provisions of this
section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other
provisions of this Act."
Pub. L. 105-85, div. A, title X, Sec. 1073(i), Nov. 18, 1997, 111
Stat. 1907, provided that: "For purposes of applying amendments
made by provisions of this Act other than provisions of this
section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other
provisions of this Act."
Section 1074(e) of Pub. L. 104-201 provided that: "For purposes
of applying amendments made by provisions of this Act other than
provisions of this section [see Tables for classification], this
section shall be treated as having been enacted immediately before
the other provisions of this Act."
Section 1506 of title XV of div. A of Pub. L. 104-106 provided
that: "For purposes of applying amendments made by provisions of
this Act other than provisions of this title [see Tables for
classification], this title shall be treated as having been enacted
immediately before the other provisions of this Act."
Section 1070(h) of Pub. L. 103-337 provided that: "For purposes
of applying amendments made by provisions of this Act other than
this section [see Tables for classification], this section shall be
treated as having been enacted immediately before the other
provisions of this Act."
Pub. L. 103-160, div. A, title XI, Sec. 1182(h), Nov. 30, 1993,
107 Stat. 1774, provided that: "For purposes of applying the
amendments made by provisions of this Act other than this section
[see Tables for classification], this section shall be treated as
having been enacted immediately before the other provisions of this
Act."
Section 1055 of Pub. L. 102-484 provided that: "For purposes of
applying the amendments made by provisions of this Act other than
sections 1052, 1053, and 1054 [see Tables for classification],
those sections shall be treated as having been enacted immediately
before the other provisions of this Act."
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. 109-364, Sec. 3, Oct. 17, 2006, 120 Stat. 2100.
Pub. L. 109-163, Sec. 3, Jan. 6, 2006, 119 Stat. 3152.
Pub. L. 108-375, Sec. 3, Oct. 28, 2004, 118 Stat. 1825.
Pub. L. 109-148, div. A, title VIII, Sec. 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
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. 109-289, div. A, title VIII, Sec. 8025, Sept. 29, 2006,
120 Stat. 1279.
Pub. L. 108-287, title VIII, Sec. 8030, Aug. 5, 2004, 118 Stat.
977.
Pub. L. 108-87, title VIII, Sec. 8031, Sept. 30, 2003, 117 Stat.
1079.
Pub. L. 107-248, title VIII, Sec. 8031, Oct. 23, 2002, 116 Stat.
1543.
Pub. L. 107-117, div. A, title VIII, Sec. 8034, Jan. 10, 2002,
115 Stat. 2255.
Pub. L. 106-259, title VIII, Sec. 8034, Aug. 9, 2000, 114 Stat.
682.
Pub. L. 106-79, title VIII, Sec. 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, Sec. 3, Nov. 24, 2003, 117 Stat. 1406.
Pub. L. 107-314, Sec. 3, Dec. 2, 2002, 116 Stat. 2471.
Pub. L. 107-107, Sec. 3, Dec. 28, 2001, 115 Stat. 1027.
Pub. L. 106-398, Sec. 1 [Sec. 3], Oct. 30, 2000, 114 Stat. 1654,
1654A-19.
Pub. L. 106-65, Sec. 3, Oct. 5, 1999, 113 Stat. 529.
Pub. L. 103-337, Sec. 3, Oct. 5, 1994, 108 Stat. 2678.
Pub. L. 103-160, Sec. 3, Nov. 30, 1993, 107 Stat. 1562.
Pub. L. 102-484, Sec. 3, Oct. 23, 1992, 106 Stat. 2331.
Pub. L. 102-190, Sec. 3, Dec. 5, 1991, 105 Stat. 1301.
Pub. L. 102-25, Sec. 3(4), Apr. 6, 1991, 105 Stat. 77.
Pub. L. 101-510, Sec. 3, Nov. 5, 1990, 104 Stat. 1498.
Pub. L. 101-189, Sec. 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, Sec. 8036, Oct. 17, 1998, 112 Stat.
2305.
Pub. L. 105-56, title VIII, Sec. 8038, Oct. 8, 1997, 111 Stat.
1229.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8040], Sept. 30, 1996, 110 Stat. 3009-71, 3009-97.
Pub. L. 104-61, title VIII, Sec. 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, Sec. 3, Oct. 17, 1998, 112 Stat. 1935.
Pub. L. 105-85, Sec. 3, Nov. 18, 1997, 111 Stat. 1645.
Pub. L. 104-201, Sec. 3, Sept. 23, 1996, 110 Stat. 2439.
Pub. L. 104-106, Sec. 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, Sec. 8056, Sept. 30, 1994, 108 Stat.
2631.
Pub. L. 103-139, title VIII, Sec. 8067, Nov. 11, 1993, 107 Stat.
1455.
Pub. L. 102-172, title VIII, Sec. 8116, Nov. 26, 1991, 105 Stat.
1203.
DEFINITIONS FOR PURPOSES OF PUB. L. 102-25
Pub. L. 102-25, Sec. 3, Apr. 6, 1991, 105 Stat. 77, as amended by
Pub. L. 102-190, div. A, title XII, Sec. 1203(a), Dec. 5, 1991, 105
Stat. 1508, provided that: "For the purposes of this Act [see Short
Title of 1991 Amendment note above]:
"(1) The term 'Operation Desert Storm' means operations of
United States Armed Forces conducted as a consequence of the
invasion of Kuwait by Iraq (including operations known as
Operation Desert Shield, Operation Desert Storm, and Operation
Provide Comfort).
"(2) The term 'incremental costs associated with Operation
Desert Storm' means costs referred to in section 251(b)(2)(D)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(D)(ii)).
"(3) The term 'Persian Gulf conflict' means the period
beginning on August 2, 1990, and ending thereafter on the date
prescribed by Presidential proclamation or by law.
"(4) The term 'congressional defense committees' has the
meaning given that term in section 3 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104
Stat. 1498)."