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U.S. CODE
TITLE 10
ARMED FORCES

Version 2011-01-07

Last update 2011-11-11


  • General Military Law
    • ORGANIZATION AND GENERAL MILITARY POWERS
      • DEFINITIONS
      • DEPARTMENT OF DEFENSE
      • GENERAL POWERS AND FUNCTIONS
      • OFFICE OF THE SECRETARY OF DEFENSE
      • JOINT CHIEFS OF STAFF
      • COMBATANT COMMANDS
      • BOARDS, COUNCILS, AND COMMITTEES
      • DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES
        • COMMON SUPPLY AND SERVICE ACTIVITIES
        • MISCELLANEOUS DEFENSE AGENCY MATTERS
      • DEFENSE BUDGET MATTERS
      • RESERVE COMPONENTS
      • THE MILITIA
      • INSURRECTION
      • ARMING OF AMERICAN VESSELS
      • MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
      • HUMANITARIAN AND OTHER ASSISTANCE
      • DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS
        • GENERAL MATTERS
        • INTELLIGENCE COMMERCIAL ACTIVITIES
      • NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY
        • MISSIONS AND AUTHORITY
        • MAPS, CHARTS, AND GEODETIC PRODUCTS
        • PERSONNEL MANAGEMENT
        • DEFINITIONS
      • MISCELLANEOUS STUDIES AND REPORTS
    • PERSONNEL
      • ENLISTMENTS
      • OFFICER STRENGTH AND DISTRIBUTION IN GRADE
      • ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES
      • APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST
      • APPOINTMENTS AS RESERVE OFFICERS
      • TEMPORARY APPOINTMENTS IN OFFICER GRADES
      • PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST
        • SELECTION BOARDS
        • PROMOTIONS
        • FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE
        • CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT
        • ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, AND RETIREMENT
      • GENERAL SERVICE REQUIREMENTS
      • JOINT OFFICER MANAGEMENT
      • ACTIVE DUTY
      • LEAVE
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • RANK AND COMMAND
      • THE UNIFORM
      • UNIFORM CODE OF MILITARY JUSTICE
        • GENERAL PROVISIONS
        • APPREHENSION AND RESTRAINT
        • NON-JUDICIAL PUNISHMENT
        • COURT-MARTIAL JURISDICTION
        • COMPOSITION OF COURTS-MARTIAL
        • PRE-TRIAL PROCEDURE
        • TRIAL PROCEDURE
        • SENTENCES
        • POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
        • PUNITIVE ARTICLES
        • MISCELLANEOUS PROVISIONS
        • UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
      • MILITARY COMMISSIONS
        • GENERAL PROVISIONS
        • COMPOSITION OF MILITARY COMMISSIONS
        • PRE-TRIAL PROCEDURE
        • TRIAL PROCEDURE
        • CLASSIFIED INFORMATION PROCEDURES
        • SENTENCES
        • POST-TRIAL PROCEDURE AND REVIEW OF MILITARY COMMISSIONS
        • PUNITIVE MATTERS
      • MILITARY CORRECTIONAL FACILITIES
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • MISCELLANEOUS COMMAND RESPONSIBILITIES
      • RESERVE COMPONENTS: STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • COMMISSARY AND EXCHANGE BENEFITS
      • MEDICAL AND DENTAL CARE
      • DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND
      • DECORATIONS AND AWARDS
      • BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED
      • SEPARATION
      • SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS
      • RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
      • RETIREMENT FOR AGE
      • RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE
      • RETIRED PAY FOR NON-REGULAR SERVICE
      • RETIRED GRADE
      • COMPUTATION OF RETIRED PAY
      • ANNUITIES BASED ON RETIRED OR RETAINER PAY
        • RETIRED SERVICEMANS FAMILY PROTECTION PLAN
        • SURVIVOR BENEFIT PLAN
        • REPEALED
      • DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
      • DECEASED PERSONNEL
        • DEATH INVESTIGATIONS
        • DEATH BENEFITS
      • MISSING PERSONS
      • POSTHUMOUS COMMISSIONS AND WARRANTS
      • CORRECTION OF MILITARY RECORDS
      • MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
      • CIVILIAN EMPLOYEES
      • CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
        • DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
        • DEFENSE INTELLIGENCE AGENCY PERSONNEL
      • DEFENSE ACQUISITION WORKFORCE
        • GENERAL AUTHORITIES AND RESPONSIBILITIES
        • DEFENSE ACQUISITION POSITIONS
        • ACQUISITION CORPS
        • EDUCATION AND TRAINING
        • GENERAL MANAGEMENT PROVISIONS
      • MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
        • MILITARY FAMILY PROGRAMS
        • MILITARY CHILD CARE
      • REPEALED
    • TRAINING AND EDUCATION
      • TRAINING GENERALLY
      • JUNIOR RESERVE OFFICERS TRAINING CORPS
      • SENIOR RESERVE OFFICERS TRAINING CORPS
      • UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES
      • ARMED FORCES HEALTH PROFESSIONS FINANCIAL ASSISTANCE PROGRAMS
        • HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE
        • NURSE OFFICER CANDIDATE ACCESSION PROGRAM
      • EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
      • EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE DUTY
      • PROFESSIONAL MILITARY EDUCATION
      • DEPARTMENT OF DEFENSE SCHOOLS
      • EDUCATIONAL LOAN REPAYMENT PROGRAMS
      • EDUCATIONAL ASSISTANCE FOR MEMBERS HELD AS CAPTIVES AND THEIR DEPENDENTS
      • SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION
      • INFORMATION SECURITY SCHOLARSHIP PROGRAM
    • SERVICE, SUPPLY, AND PROCUREMENT
      • PLANNING AND COORDINATION
      • FACILITIES FOR RESERVE COMPONENTS
      • MISCELLANEOUS ADMINISTRATIVE PROVISIONS
        • MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS
        • MISCELLANEOUS ADMINISTRATIVE AUTHORITY
      • SPACE PROGRAMS
      • PROVISIONS RELATING TO SPECIFIC PROGRAMS
      • PROCUREMENT GENERALLY
      • COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
        • ACQUISITION AND CROSS-SERVICING AGREEMENTS
        • OTHER COOPERATIVE AGREEMENTS
      • RESEARCH AND DEVELOPMENT
      • PROCUREMENT OF COMMERCIAL ITEMS
      • MISCELLANEOUS PROCUREMENT PROVISIONS
      • PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM
      • PRODUCTION BY MILITARY AGENCIES
      • MAJOR DEFENSE ACQUISITION PROGRAMS
      • MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS
      • CATALOGING AND STANDARDIZATION
      • CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS
      • COMMISSARIES AND EXCHANGES AND OTHER MORALE, WELFARE, AND RECREATION ACTIVITIES
        • DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
        • RELATIONSHIP, CONTINUATION, AND COMMON POLICIES OF DEFENSE COMMISSARY AND EXCHANGE SYSTEMS
        • MORALE, WELFARE, AND RECREATION PROGRAMS AND NONAPPROPRIATED FUND INSTRUMENTALITIES
      • NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION
        • DEFINITIONS
        • POLICIES AND PLANNING
        • PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES
        • MANUFACTURING TECHNOLOGY
        • MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
        • DEFENSE EXPORT LOAN GUARANTEES
        • CRITICAL INFRASTRUCTURE PROTECTION LOAN GUARANTEES
      • DEFENSE ACQUISITION SYSTEM
      • ISSUE OF SUPPLIES, SERVICES, AND FACILITIES
      • EXCHANGE OF MATERIAL AND DISPOSAL OF OBSOLETE, SURPLUS, OR UNCLAIMED PROPERTY
      • ACCEPTANCE OF GIFTS AND SERVICES
      • TRANSPORTATION
      • REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY
      • ENVIRONMENTAL RESTORATION
      • PROPERTY RECORDS AND REPORT OF THEFT OR LOSS OF CERTAIN PROPERTY
      • MILITARY CLAIMS
      • ACCOUNTABILITY AND RESPONSIBILITY
      • REPEALED
      • MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
        • MILITARY CONSTRUCTION
        • MILITARY FAMILY HOUSING
        • ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
        • ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING
      • REPEALED
      • STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
      • ENERGY SECURITY
        • ENERGY SECURITY ACTIVITIES
        • ENERGY-RELATED PROCUREMENT
        • GENERAL PROVISIONS
  • Army
    • ORGANIZATION
      • DEFINITIONS
      • DEPARTMENT OF THE ARMY
      • THE ARMY STAFF
      • THE ARMY
    • PERSONNEL
      • STRENGTH
      • ENLISTMENTS
      • APPOINTMENTS IN THE REGULAR ARMY
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • ACTIVE DUTY
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • RANK AND COMMAND
      • REPEALED
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • REPEALED
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION
      • DECORATIONS AND AWARDS
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
      • RETIREMENT FOR LENGTH OF SERVICE
      • RETIRED GRADE
      • COMPUTATION OF RETIRED PAY
      • CIVILIAN EMPLOYEES
      • MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
    • TRAINING
      • TRAINING GENERALLY
      • UNITED STATES MILITARY ACADEMY
      • REPEALED
      • SCHOOLS AND CAMPS
    • SERVICE, SUPPLY, AND PROCUREMENT
      • REPEALED
      • PROCUREMENT
      • ARMAMENTS INDUSTRIAL BASE
      • ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
      • UTILITIES AND SERVICES
      • SALE OF SERVICEABLE MATERIAL
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED FLAGS
      • TRANSPORTATION
      • REAL PROPERTY
      • MILITARY CLAIMS
      • ACCOUNTABILITY AND RESPONSIBILITY
  • Navy and Marine Corps
    • ORGANIZATION
      • DEFINITIONS
      • DEPARTMENT OF THE NAVY
      • OFFICE OF THE CHIEF OF NAVAL OPERATIONS
      • HEADQUARTERS, MARINE CORPS
      • COMPOSITION OF THE DEPARTMENT OF THE NAVY
      • REPEALED
      • REPEALED
      • BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
      • REPEALED
      • REPEALED
      • REPEALED
      • REPEALED
    • PERSONNEL
      • REPEALED
      • DISTRIBUTION IN GRADE
      • GRADE AND RANK OF OFFICERS
      • ENLISTMENTS
      • ORIGINAL APPOINTMENTS
      • REPEALED
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • REPEALED
      • REPEALED
      • REPEALED
      • OFFICERS IN COMMAND
      • SPECIAL ASSIGNMENTS AND DETAILS
      • ADMINISTRATION
      • RATIONS
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION AND MEDICAL CARE
      • BANDS
      • DECORATIONS AND AWARDS
      • DISCHARGE OF ENLISTED MEMBERS
      • VOLUNTARY RETIREMENT
      • INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
      • RECALL TO ACTIVE DUTY
      • DEATH BENEFITS; CARE OF THE DEAD
    • EDUCATION AND TRAINING
      • OFFICER PROCUREMENT PROGRAMS
      • TRAINING GENERALLY
      • UNITED STATES NAVAL ACADEMY
      • UNITED STATES NAVAL POSTGRADUATE SCHOOL
      • RETIREMENT OF CIVILIAN MEMBERS OF THE TEACHING STAFFS OF THE UNITED STATES NAVAL ACADEMY AND UNITED STATES NAVAL POSTGRADUATE SCHOOL
      • PROFESSIONAL MILITARY EDUCATION SCHOOLS
    • GENERAL ADMINISTRATION
      • SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES
      • NAVAL VESSELS
      • REPEALED
      • SALVAGE FACILITIES
      • UNITED STATES NAVAL OBSERVATORY
      • NAVAL PETROLEUM RESERVES
      • CIVILIAN EMPLOYEES
      • PROCUREMENT OF SUPPLIES AND SERVICES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • QUARTERS, UTILITIES, AND SERVICES
      • SHIPS STORES AND COMMISSARY STORES
      • CLAIMS
      • PRIZE
      • STAY OF JUDICIAL PROCEEDINGS
      • NAVAL MILITIA
      • ACCOUNTABILITY AND RESPONSIBILITY
      • NAMES AND INSIGNIA
      • NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
  • Air Force
    • ORGANIZATION
      • DEPARTMENT OF THE AIR FORCE
      • THE AIR STAFF
      • THE AIR FORCE
    • PERSONNEL
      • STRENGTH
      • ENLISTMENTS
      • APPOINTMENTS IN THE REGULAR AIR FORCE
      • REPEALED
      • TEMPORARY APPOINTMENTS
      • ACTIVE DUTY
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • RANK AND COMMAND
      • REPEALED
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • REPEALED
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • HOSPITALIZATION
      • DECORATIONS AND AWARDS
      • REPEALED
      • REPEALED
      • SEPARATION FOR VARIOUS REASONS
      • REPEALED
      • REPEALED
      • RETIREMENT FOR LENGTH OF SERVICE
      • RETIRED GRADE
      • COMPUTATION OF RETIRED PAY
      • CIVILIAN EMPLOYEES
      • MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES
    • TRAINING
      • TRAINING GENERALLY
      • UNITED STATES AIR FORCE ACADEMY
      • AVIATION LEADERSHIP PROGRAM
      • SCHOOLS AND CAMPS
      • CIVIL AIR PATROL
    • SERVICE, SUPPLY, AND PROCUREMENT
      • CIVIL RESERVE AIR FLEET
      • PROCUREMENT
      • ISSUE OF SERVICEABLE MATERIAL TO ARMED FORCES
      • UTILITIES AND SERVICES
      • SALE OF SERVICEABLE MATERIAL
      • ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
      • DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
      • DISPOSITION OF EFFECTS OF DECEASED PERSONS
      • TRANSPORTATION
      • REAL PROPERTY
      • MILITARY CLAIMS
      • ACCOUNTABILITY AND RESPONSIBILITY
  • Reserve Components
    • ORGANIZATION AND ADMINISTRATION
      • DEFINITIONS
      • RESERVE COMPONENTS GENERALLY
      • ELEMENTS OF RESERVE COMPONENTS
      • RESERVE COMPONENT COMMANDS
      • ADMINISTRATION OF RESERVE COMPONENTS
      • RESERVE FORCES POLICY BOARDS AND COMMITTEES
      • NATIONAL GUARD BUREAU
      • BUDGET INFORMATION AND ANNUAL REPORTS TO CONGRESS
    • PERSONNEL GENERALLY
      • AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
      • ENLISTED MEMBERS
      • APPOINTMENT OF RESERVE OFFICERS
      • WARRANT OFFICERS
      • ACTIVE DUTY
      • NATIONAL GUARD MEMBERS IN FEDERAL SERVICE
      • SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
      • READY RESERVE MOBILIZATION INCOME INSURANCE
      • MISCELLANEOUS PROHIBITIONS AND PENALTIES
      • MISCELLANEOUS RIGHTS AND BENEFITS
      • STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION
      • SEPARATION
      • RETIRED PAY FOR NON-REGULAR SERVICE
      • RETIRED GRADE
    • PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST
      • APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
      • SELECTION BOARDS
      • PROMOTIONS
      • FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION
      • CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST AND SELECTIVE EARLY REMOVAL
      • ADDITIONAL PROVISIONS RELATING TO INVOLUNTARY SEPARATION
    • TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS
      • EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
      • EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS
      • HEALTH PROFESSIONS STIPEND PROGRAM
      • EDUCATION LOAN REPAYMENT PROGRAMS
      • OTHER EDUCATIONAL ASSISTANCE PROGRAMS
    • SERVICE, SUPPLY, AND PROCUREMENT
      • FACILITIES FOR RESERVE COMPONENTS
      • MISCELLANEOUS PROVISIONS
  • Version 2011-01-07

Subtitle A

General Military Law

A - PART I

ORGANIZATION AND GENERAL MILITARY POWERS

A.I - CHAPTER 1

DEFINITIONS

Definitions

(a) In General.— The following definitions apply in this title:
  • (1) The term "United States", in a geographic sense, means the States and the District of Columbia.

  • [(2) Repealed. Pub. L. 109-163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]

  • (3) The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.

  • (4) The term "armed forces" means the Army, Navy, Air Force, Marine Corps, 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 ).

  • (18) The term "acquisition workforce" means the persons serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721 (a) of this title.

(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.

  • (16) The term "Active Guard and Reserve" means a member of a reserve component who is on active duty pursuant to section 12301 (d) of this title or, if a member of the Army National Guard or Air National Guard, is on full-time National Guard duty pursuant to section 502 (f) of title 32, and who is performing Active Guard and Reserve duty.

(c) Reserve Components.— The following definitions relating to the reserve components apply in this title:
  • (1) The term "National Guard" means the Army National Guard and the Air National Guard.

  • (2) The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
    • (A) is a land force;

    • (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

    • (C) is organized, armed, and equipped wholly or partly at Federal expense; and

    • (D) is federally recognized.

  • (3) The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.

  • (4) The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that—
    • (A) is an air force;

    • (B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

    • (C) is organized, armed, and equipped wholly or partly at Federal expense; and

    • (D) is federally recognized.

  • (5) The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.

  • (6) The term "reserve", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of one of the armed forces.

  • (7) The term "reserve active-status list" means a single list for the Army, Navy, Air Force, or Marine Corps (required to be maintained under section 14002 of this title) that contains the names of all officers of that armed force except warrant officers (including commissioned warrant officers) who are in an active status in a reserve component of the Army, Navy, Air Force, or Marine Corps and are not on an active-duty list.

(d) Duty Status.— The following definitions relating to duty status apply in this title:
  • (1) The term "active duty" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.

  • (2) The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.

  • (3) The term "active service" means service on active duty or full-time National Guard duty.

  • (4) The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.

  • (5) The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.

  • (6)
    • (A) The term "active Guard and Reserve duty" means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.

    • (B) Such term does not include the following:
      • (i) Duty performed as a member of the Reserve Forces Policy Board provided for under section 10301 of this title.

      • (ii) Duty performed as a property and fiscal officer under section 708 of title 32.

      • (iii) Duty performed for the purpose of interdiction and counter-drug activities for which funds have been provided under section 112 of title 32.

      • (iv) Duty performed as a general or flag officer.

      • (v) Service as a State director of the Selective Service System under section 10(b)(2) of the Military Selective Service Act (50 App. U.S.C. 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 a military department and—
    • (A) that is used for range activities, or

    • (B) although not currently being used for range activities, that is still considered by the Secretary to be a range and has not been put to a new use that is incompatible with range activities.

  • (4) Military munitions.—
    • (A) The term "military munitions" means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard.

    • (B) Such term includes the following:
      • (i) Confined gaseous, liquid, and solid propellants.

      • (ii) Explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents.

      • (iii) Chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, and demolition charges.

      • (iv) Devices and components of any item specified in clauses (i) through (iii).

    • (C) Such term does not include the following:
      • (i) Wholly inert items.

      • (ii) Improvised explosive devices.

      • (iii) Nuclear weapons, nuclear devices, and nuclear components, other than nonnuclear components of nuclear devices that are managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed.

  • (5) Unexploded ordnance.— The term "unexploded ordnance" means military munitions that—
    • (A) have been primed, fused, armed, or otherwise prepared for action;

    • (B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and

    • (C) remain unexploded, whether by malfunction, design, or any other cause.

(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.



A.I - CHAPTER 2

DEPARTMENT OF DEFENSE

Executive department

(a) The Department of Defense is an executive department of the United States.

(b) The Department is composed of the following:
  • (1) The Office of the Secretary of Defense.

  • (2) The Joint Chiefs of Staff.

  • (3) The Joint Staff.

  • (4) The Defense Agencies.

  • (5) Department of Defense Field Activities.

  • (6) The Department of the Army.

  • (7) The Department of the Navy.

  • (8) The Department of the Air Force.

  • (9) The unified and specified combatant commands.

  • (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.

  • (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).

(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.



Department of Defense: seal

The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal.



Secretary of Defense

(a) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.

(b) The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 (50 U.S.C. 401), he has authority, direction, and control over the Department of Defense.

(c)
  • (1) The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
    • (A) a report from each military department on the expenditures, work, and accomplishments of that department;

    • (B) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and

    • (C) such recommendations as he considers appropriate.

  • (2) At the same time that the Secretary submits the annual report under paragraph (1), the Secretary shall transmit to the President and Congress a separate report from the Reserve Forces Policy Board on on any reserve component matter that the Reserve Forces Policy Board considers appropriate to include in the report.

(d) Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense as he may designate.

(e)
  • (1) The Secretary shall include in his annual report to Congress under subsection (c)—
    • (A) a description of the major military missions and of the military force structure of the United States for the next fiscal year;

    • (B) an explanation of the relationship of those military missions to that force structure; and

    • (C) the justification for those military missions and that force structure.

  • (2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) for the fiscal year concerned.

(f) When a vacancy occurs in an office within the Department of Defense and the office is to be filled by a person appointed from civilian life by the President, by and with the advice and consent of the Senate, the Secretary of Defense shall inform the President of the qualifications needed by a person serving in that office to carry out effectively the duties and responsibilities of that office.

(g)
  • (1) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the heads of Department of Defense components written policy guidance for the preparation and review of the program recommendations and budget proposals of their respective components. Such guidance shall include guidance on—
    • (A) national security objectives and policies;

    • (B) the priorities of military missions; and

    • (C) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective.

  • (2) The Secretary of Defense, with the approval of the President and after consultation with the Chairman of the Joint Chiefs of Staff, shall provide to the Chairman written policy guidance for the preparation and review of contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities. Such guidance shall be provided every two years or more frequently as needed and shall include guidance on the specific force levels and specific supporting resource levels projected to be available for the period of time for which such plans are to be effective.

(h) The Secretary of Defense shall keep the Secretaries of the military departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.

(i)
  • (1) The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.

  • (2) Each such report shall—
    • (A) include a comparison of the defense capabilities and programs of the armed forces of the United States and its allies with the armed forces of potential adversaries of the United States and allies of the United States;

    • (B) include an examination of the trends experienced in those capabilities and programs during the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221 of this title;

    • (C) include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;

    • (D) reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and

    • (E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.

  • (3) The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31 in that year. Such report shall be transmitted in both classified and unclassified form.

(j)
  • (1) Not later than April 8 of each year, the Secretary of Defense shall submit to 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 a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following:
    • (A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States.

    • (B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing.

    • (C) The effect of such expenditures outside the United States on the balance of payments of the United States.

  • (2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce.

  • (3) In this subsection, the term "United States", when used in a geographic sense, includes the territories and possessions of the United States.

(k) The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide annually to the Secretaries of the military departments and to the commanders of the combatant commands written guidelines to direct the effective detection and monitoring of all potential aerial and maritime threats to the national security of the United States. Those guidelines shall include guidance on the specific force levels and specific supporting resources to be made available for the period of time for which the guidelines are to be in effect.

(l) The Secretary shall include in the annual report to Congress under subsection (c) the following:
  • (1) A comparison of the amounts provided in the defense budget for support and for mission activities for each of the preceding five fiscal years.

  • (2) A comparison of the number of military and civilian personnel, shown by major occupational category, assigned to support positions and to mission positions for each of the preceding five fiscal years.

  • (3) An accounting, shown by service and by major occupational category, of the number of military and civilian personnel assigned to support positions during each of the preceding five fiscal years.

  • (4) A listing of the number of military and civilian personnel assigned to management headquarters and headquarters support activities as a percentage of military end-strength for each of the preceding five fiscal years.

(m) Information To Accompany Funding Request for Contingency Operation.— Whenever the President submits to Congress a request for appropriations for costs associated with a contingency operation that involves, or likely will involve, the deployment of more than 500 members of the armed forces, the Secretary of Defense shall submit to Congress a report on the objectives of the operation. The report shall include a discussion of the following:
  • (1) What clear and distinct objectives guide the activities of United States forces in the operation.

  • (2) What the President has identified on the basis of those objectives as the date, or the set of conditions, that defines the endpoint of the operation.

    Transmission of annual defense authorization request

    (a) Time for Transmittal.— The Secretary of Defense shall transmit to Congress the annual defense authorization request for a fiscal year during the first 30 days after the date on which the President transmits to Congress the budget for that fiscal year pursuant to section 1105 of title 31.

    (b) Defense Authorization Request Defined.— In this section, the term "defense authorization request", with respect to a fiscal year, means a legislative proposal submitted to Congress for the enactment of the following:
    • (1) Authorizations of appropriations for that fiscal year, as required by section 114 of this title.

    • (2) Personnel strengths for that fiscal year, as required by section 115 of this title.

    • (3) Authority to carry out military construction projects, as required by section 2802 of this title.

    • (4) Any other matter that is proposed by the Secretary of Defense to be enacted as part of the annual defense authorization bill for that fiscal year.





      Annual authorization of appropriations

      (a) No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
      • (1) procurement of aircraft, missiles, or naval vessels;

      • (2) any research, development, test, or evaluation, or procurement or production related thereto;

      • (3) procurement of tracked combat vehicles;

      • (4) procurement of other weapons;

      • (5) procurement of naval torpedoes and related support equipment;

      • (6) military construction;

      • (7) the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);

      • (8) procurement of ammunition; or

      • (9) other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);

        unless funds therefor have been specifically authorized by law.

      (b) In subsection (a)(6), the term "military construction" includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which section 2353 of this title applies), any activity to which section 2807 of this title applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under section 210 of title 23. Such term does not include any activity to which section 2821 or 2854 of this title applies.

      (c)
      • (1) The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.

      • (2) Notwithstanding section 37(a) of the Arms Export Control Act (22 U.S.C. 2777 (a)), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C. 2761 (a)(1))—
        • (A) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as authorized by section 51(b)(1) of that Act (22 U.S.C. 2795 (b)(1)), but subject to the limitation in paragraph (1) and other applicable law; and

        • (B) to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in section 3302 (b) of title 31.

      (d) Funds may be appropriated for the armed forces for use as an emergency fund for research, development, test, and evaluation, or related procurement or production, only if the appropriation of the funds is authorized by law after June 30, 1966.

      (e) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces.

      (f) In each budget submitted by the President to Congress under section 1105 of title 31, amounts requested for procurement of ammunition for the Navy and Marine Corps, and for procurement of ammunition for the Air Force, shall be set forth separately from other amounts requested for procurement.



      Renumbered § 221





      Personnel strengths: requirement for annual authorization

      (a) Active-Duty and Selected Reserve End Strengths To Be Authorized by Law.— Congress shall authorize personnel strength levels for each fiscal year for each of the following:
      • (1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel unless on active duty pursuant to subsection (b), and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty pursuant to subsection (b).

      • (2) The end strength for the Selected Reserve of each reserve component of the armed forces.

      (b) Certain Reserves on Active Duty To Be Authorized by Law.—
      • (1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—
        • (A) active duty under section 12301 (d) of this title for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;

        • (B) full-time National Guard duty under section 502 (f)(2) of title 32 for the purpose of providing operational support when authorized by the Secretary of Defense;

        • (C) active duty under section 12301 (d) of this title or full-time National Guard duty under section 502 (f)(2) of title 32 for the purpose of preparing for and performing funeral honors functions for funerals of veterans under section 1491 of this title;

        • (D) active duty or retained on active duty under sections 12301 (g) of this title while in a captive status; or

        • (E) active duty or retained on active duty under 12301(h) or 12322 of this title for the purpose of medical evaluation or treatment.

      • (2) A member of a reserve component who exceeds either of the following limits shall be included in the strength authorized under subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1):
        • (A) A call or order to active duty or full-time National Guard duty that specifies a period greater than three years.

        • (B) The cumulative periods of active duty and full-time National Guard duty performed by the member exceed 1095 days in the previous 1460 days.

      • (3) In determining the period of active service under paragraph (2), the following periods of active service performed by a member shall not be included:
        • (A) All periods of active duty performed by a member who has not previously served in the Selected Reserve of the Ready Reserve.

        • (B) All periods of active duty or full-time National Guard duty for which the member is exempt from strength accounting under paragraphs (1) through (8) of subsection (i).

      • (4) As part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the end strength authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following:
        • (A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National Guard duty for operational support beyond each of the limits specified under subparagraphs (A) and (B) of paragraph (2) at the end of the fiscal year preceding the fiscal year for which the budget justification materials are submitted.

        • (B) The number of members, specified by reserve component, on active duty for operational support who, at the end of the fiscal year for which the budget justification materials are submitted, are projected to be serving on active duty or full-time National Guard duty for operational support beyond such limits.

        • (C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the end strength authorizations requested under subparagraphs (A) and (B) of subsection (a)(1).

        • (D) A summary of the missions being performed by members identified under subparagraphs (A) and (B).

      (c) Limitation on Appropriations for Military Personnel.— No funds may be appropriated for any fiscal year to or for—
      • (1) the use of active-duty personnel or full-time National Guard duty personnel of any of the armed forces (other than the Coast Guard) unless the end strength for such personnel of that armed force for that fiscal year has been authorized by law;

      • (2) the use of the Selected Reserve of any reserve component of the armed forces unless the end strength for the Selected Reserve of that component for that fiscal year has been authorized by law; or

      • (3) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law.

      (d) Military Technician (Dual Status) End Strengths To Be Authorized by Law.—Congress shall authorize for each fiscal year the end strength for military technicians (dual status) for each reserve component of the Army and Air Force. Funds available to the Department of Defense for any fiscal year may not be used for the pay of a military technician (dual status) during that fiscal year unless the technician fills a position that is within the number of such positions authorized by law for that fiscal year for the reserve component of that technician. This subsection applies without regard to section 129 of this title. In each budget submitted by the President to Congress under section 1105 of title 31, the end strength requested for military technicians (dual status) for each reserve component of the Army and Air Force shall be specifically set forth.

      (e) End-of-Quarter Strength Levels.—
      • (1) The Secretary of Defense shall prescribe and include in the budget justification documents submitted to Congress in support of the President's budget for the Department of Defense for any fiscal year the Secretary's proposed end-of-quarter strengths for each of the first three quarters of the fiscal year for which the budget is submitted, in addition to the Secretary's proposed fiscal-year end-strengths for that fiscal year. Such end-of-quarter strengths shall be submitted for each category of personnel for which end strengths are required to be authorized by law under subsection (a) or (d). The Secretary shall ensure that resources are provided in the budget at a level sufficient to support the end-of-quarter and fiscal-year end-strengths as submitted.

      • (2)
        • (A) After annual end-strength levels required by subsections (a) and (d) are authorized by law for a fiscal year, the Secretary of Defense shall promptly prescribe end-of-quarter strength levels for the first three quarters of that fiscal year applicable to each such end-strength level. Such end-of-quarter strength levels shall be established for any fiscal year as levels to be achieved in meeting each of those annual end-strength levels authorized by law in accordance with subsection (a) (as such levels may be adjusted pursuant to subsection (f)) and subsection (d).

        • (B) At least annually, the Secretary of Defense shall establish for each of the armed forces (other than the Coast Guard) the maximum permissible variance of actual strength for an armed force at the end of any given quarter from the end-of-quarter strength established pursuant to subparagraph (A). Such variance shall be such that it promotes the maintaining of the strength necessary to achieve the end-strength levels authorized in accordance with subsection (a) (as adjusted pursuant to subsection (f)) and subsection (d).

      • (3) Whenever the Secretary establishes an end-of-quarter strength level under subparagraph (A) of paragraph (2), or modifies a strength level under the authority provided in subparagraph (B) of paragraph (2), the Secretary shall notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that strength level or of that modification, as the case may be.

      (f) Authority for Secretary of Defense Variances for Active-Duty and Selected Reserve Strengths.— Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may—
      • (1) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for any of the armed forces by a number equal to not more than 3 percent of that end strength;

      • (2) increase the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength;

      • (3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any of the reserve components by a number equal to not more than 3 percent of that end strength; and

      • (4) increase the maximum strength authorized pursuant to subsection (b)(1) for a fiscal year for certain reserves on active duty for any of the reserve components by a number equal to not more than 10 percent of that strength.

      (g) Authority for Service Secretary Variances for Active-duty and Selected Reserve End Strengths.—
      • (1) Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may—
        • (A) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength; and

        • (B) increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Selected Reserve of the reserve component of any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength.

      • (2) Any increase under paragraph (1)(A) of the end strength for an armed force for a fiscal year shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (f)(1). Any increase under paragraph (1)(B) of the end strength for the Selected Reserve of a reserve component of an armed force for a fiscal year shall be counted as part of the increase for that Selected Reserve for that fiscal year authorized under subsection (f)(3).

      (h) Adjustment When Coast Guard is Operating as a Service in the Navy.— The authorized strength of the Navy under subsection (a)(1) is increased by the authorized strength of the Coast Guard during any period when the Coast Guard is operating as a service in the Navy.

      (i) Certain Personnel Excluded From Counting for Active-Duty End Strengths.— In counting personnel for the purpose of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded:
      • (1) Members of a reserve component ordered to active duty under section 12301 (a) of this title.

      • (2) Members of a reserve component in an active status ordered to active duty under section 12301 (b) of this title.

      • (3) Members of the Ready Reserve ordered to active duty under section 12302 of this title.

      • (4) Members of the Selected Reserve of the Ready Reserve or members of the Individual Ready Reserve mobilization category described in section 10144 (b) of this title ordered to active duty under section 12304 of this title.

      • (5) Members of the National Guard called into Federal service under section 12406 of this title.

      • (6) Members of the militia called into Federal service under chapter 15 of this title.

      • (7) Members of the National Guard on full-time National Guard duty under section 502 (f)(1) of title 32.

      • (8) Members of reserve components on active duty for training or full-time National Guard duty for training.

      • (9) Members of the Selected Reserve of the Ready Reserve on active duty to support programs described in section 1203(b) of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952 (b)).

      • (10) Members of the National Guard on active duty or full-time National Guard duty for the purpose of carrying out drug interdiction and counter-drug activities under section 112 of title 32.

      • (11) Members of a reserve component on active duty under section 10(b)(2) of the Military Selective Service Act (50 App. U.S.C. 460 (b)(2)) for the administration of the Selective Service System.

      • (12) Members of the National Guard on full-time National Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32.

      • (13) Members of the National Guard on full-time National Guard duty involuntarily and performing homeland defense activities under chapter 9 of title 32.





        Annual defense manpower requirements report

        (a) The Secretary of Defense shall submit to Congress an annual defense manpower requirements report. The report, which shall be in writing, shall be submitted each year not later than 45 days after the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31. The report shall contain the Secretary's recommendations for—
        • (1) the annual active-duty end-strength level for each component of the armed forces for the next fiscal year; and

        • (2) the annual civilian personnel end-strength level for each component of the Department of Defense for the next fiscal year.

        (b)
        • (1) The Secretary shall include in each report under subsection (a) justification for the strength levels recommended and an explanation of the relationship between the personnel strength levels recommended for that fiscal year and the national security policies of the United States in effect at the time.

        • (2) The justification and explanation shall specify in detail for all major military force units (including each land force division, carrier and other major combatant vessel, air wing, and other comparable unit) the following:
          • (A) Unit mission and capability.

          • (B) Strategy which the unit supports.

        • (3) The justification and explanation shall also specify in detail the manpower required to perform the medical missions of each of the armed forces and of the Department of Defense.

        (c) The Secretary shall include in each report under subsection (a) a detailed discussion of the following:
        • (1) The manpower required for support and overhead functions within the armed forces and the Department of Defense.

        • (2) The relationship of the manpower required for support and overhead functions to the primary combat missions and support policies.

        • (3) The manpower required to be stationed or assigned to duty in foreign countries and aboard vessels located outside the territorial limits of the United States, its territories, and possessions.

        (d) The Secretary shall also include in each such report, with respect to each armed force under the jurisdiction of the Secretary of a military department, the following:
        • (1) The number of positions that require warrant officers or commissioned officers serving on active duty in each of the officer grades during the current fiscal year and the estimated number of such positions for each of the next five fiscal years.

        • (2) The estimated number of officers that will be serving on active duty in each grade on the last day of the current fiscal year and the estimated numbers of officers that will be needed on active duty on the last day of each of the next five fiscal years.

        • (3) An estimate and analysis for the current fiscal year and for each of the next five fiscal years of gains to and losses from the number of members on active duty in each officer grade, including a tabulation of—
          • (A) retirements displayed by year of active commissioned service;

          • (B) discharges;

          • (C) other separations;

          • (D) deaths;

          • (E) promotions; and

          • (F) reserve and regular officers ordered to active duty.

        (e)
        • (1) In each such report, the Secretary shall also include recommendations for the end-strength levels for medical personnel for each component of the armed forces as of the end of the next fiscal year.

        • (2) For purposes of this subsection, the term "medical personnel" includes—
          • (A) in the case of the Army, members of the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps;

          • (B) in the case of the Navy, members of the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps;

          • (C) in the case of the Air Force, members designated as medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers;

          • (D) enlisted members engaged in or supporting medically related activities; and

          • (E) such other personnel as the Secretary considers appropriate.

        (f) The Secretary shall also include in each such report the following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities:
        • (1) The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters activities for the preceding fiscal year and estimates of such numbers for the current fiscal year and subsequent fiscal years.

        • (2) A summary of the replacement during the preceding fiscal year of contract workyears providing support to major Department of Defense headquarters activities with military end strength or civilian full-time equivalents, including an estimate of the number of contract workyears associated with the replacement of contracts performing inherently governmental or exempt functions.

        • (3) The plan for the continued review of contract personnel supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance in accordance with section 2463 of this title.

        • (4) The amount of any adjustment in the limitation on personnel made by the Secretary of Defense or the Secretary of a military department, and, for each adjustment made pursuant to section 1111(b)(2) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note ), the purpose of the adjustment.

        [(g) Redesignated (e)]

        (h) In each such report, the Secretary shall include a separate report on the Army and Air Force military technician programs. The report shall include a presentation, shown by reserve component and shown both as of the end of the preceding fiscal year and for the next fiscal year, of the following (displayed in the aggregate and separately for military technicians (dual status) and non-dual status military technicians):
        • (1) The number of military technicians required to be employed (as specified in accordance with Department of Defense procedures), the number authorized to be employed under Department of Defense personnel procedures, and the number actually employed.

        • (2) Within each of the numbers under paragraph (1)—
          • (A) the number applicable to a reserve component management headquarter organization; and

          • (B) the number applicable to high-priority units and organizations (as specified in section 10216 (a) of this title).





            Annual strategic workforce plan

            (a) Annual Plan Required.—
            • (1) The Secretary of Defense shall submit to the congressional defense committees on an annual basis a strategic workforce plan to shape and improve the civilian employee workforce of the Department of Defense.

            • (2) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for developing and implementing the strategic workforce plan, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics.

            (b) Contents.— Each strategic workforce plan under subsection (a) shall include, at a minimum, the following:
            • (1) An assessment of—
              • (A) the critical skills and competencies that will be needed in the future within the civilian employee workforce by the Department of Defense to support national security requirements and effectively manage the Department during the seven-year period following the year in which the plan is submitted;

              • (B) the appropriate mix of military, civilian, and contractor personnel capabilities;

              • (C) the critical skills and competencies of the existing civilian employee workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and

              • (D) gaps in the existing or projected civilian employee workforce of the Department that should be addressed to ensure that the Department has continued access to the critical skills and competencies described in subparagraphs (A) and (C).

            • (2) A plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps in critical skills and competencies identified under paragraph (1)(D), including—
              • (A) specific recruiting and retention goals, especially in areas identified as critical skills and competencies under paragraph (1), including the program objectives of the Department to be achieved through such goals and the funding needed to achieve such goals;

              • (B) specific strategies for developing, training, deploying, compensating, and motivating the civilian employee workforce of the Department, including the program objectives of the Department to be achieved through such strategies and the funding needed to implement such strategies;

              • (C) any incentives necessary to attract or retain any civilian personnel possessing the skills and competencies identified under paragraph (1);

              • (D) any changes in the number of personnel authorized in any category of personnel listed in subsection (f)(1) or in the acquisition workforce that may be needed to address such gaps and effectively meet the needs of the Department;

              • (E) any changes in resources or in the rates or methods of pay for any category of personnel listed in subsection (f)(1) or in the acquisition workforce that may be needed to address inequities and ensure that the Department has full access to appropriately qualified personnel to address such gaps and meet the needs of the Department; and

              • (F) any legislative changes that may be necessary to achieve the goals referred to in subparagraph (A).

            • (3) An assessment, using results-oriented performance measures, of the progress of the Department in implementing the strategic workforce plan under this section during the previous year.

            • (4) Any additional matters the Secretary of Defense considers necessary to address.

            (c) Senior Management, Functional, and Technical Workforce.—
            • (1) Each strategic workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the senior management, functional, and technical workforce (including scientists and engineers) of the Department of Defense.

            • (2) For purposes of paragraph (1), each plan shall include, with respect to such senior management, functional, and technical workforce—
              • (A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1);

              • (B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2);

              • (C) specific strategies for developing, training, deploying, compensating, motivating, and designing career paths and career opportunities; and

              • (D) specific steps that the Department has taken or plans to take to ensure that such workforce is managed in compliance with the requirements of section 129 of this title.

            (d) Defense Acquisition Workforce.—
            • (1) Each strategic workforce plan under subsection (a) shall include a separate chapter to specifically address the shaping and improvement of the defense acquisition workforce, including both military and civilian personnel.

            • (2) For purposes of paragraph (1), each plan shall include, with respect to the defense acquisition workforce—
              • (A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1);

              • (B) a plan of action meeting the requirements set forth in subparagraphs (A) through (F) of subsection (b)(2);

              • (C) specific steps that the Department has taken or plans to take to develop appropriate career paths for civilian employees in the acquisition field and to implement the requirements of section 1722a of this title with regard to members of the armed forces in the acquisition field; and

              • (D) a plan for funding needed improvements in the acquisition workforce of the Department through the period of the future-years defense program, including—
                • (i) the funding programmed for defense acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense Acquisition Workforce Fund established under section 1705 of this title, along with a description of how such funding is being implemented and whether it is being fully used; and

                • (ii) a description of any continuing shortfalls in funding available for the acquisition workforce.

            (e) Submittals by Secretaries of the Military Departments and Heads of the Defense Agencies.— The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to submit a report to the Secretary addressing each of the matters described in this section. The Secretary of Defense shall establish a deadline for the submittal of reports under this subsection that enables the Secretary to consider the material submitted in a timely manner and incorporate such material, as appropriate, into the strategic workforce plan required by this section.

            (f) Definitions.— In this section:
            • (1) The term "senior management, functional, and technical workforce of the Department of Defense" includes the following categories of Department of Defense civilian personnel:
              • (A) Appointees in the Senior Executive Service under section 3131 of title 5.

              • (B) Persons serving in positions described in section 5376 (a) of title 5.

              • (C) Highly qualified experts appointed pursuant to section 9903 of title 5.

              • (D) Scientists and engineers appointed pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398 (114 Stat. 1654A-315)).

              • (E) Scientists and engineers appointed pursuant to section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note ).

              • (F) Persons serving in the Defense Intelligence Senior Executive Service under section 1606 of this title.

              • (G) Persons serving in Intelligence Senior Level positions under section 1607 of this title.

            • (2) The term "acquisition workforce" includes individuals designated under section 1721 as filling acquisition positions.





              Annual operations and maintenance report

              (a)
              • (1) The Secretary of Defense shall submit to Congress a written report, not later than February 15 of each fiscal year, with respect to the operations and maintenance of the Army, Navy, Air Force, and Marine Corps for the next fiscal year. The Secretary shall include in each such report recommendations for—
                • (A) the number of aircraft flying hours for the Army, Navy, Air Force, and Marine Corps for the next fiscal year, the number of ship steaming hours for the Navy for the next fiscal year, and the number of field training days for the combat arms battalions of the Army and Marine Corps for the next fiscal year;

                • (B) the number of ships over 3,000 tons (full load displacement) in each Navy ship classification on which major repair work should be performed during the next fiscal year; and

                • (C) the number of airframe reworks, aircraft engine reworks, and vehicle overhauls which should be performed by the Army, Navy, Air Force, and Marine Corps during the next fiscal year.

              • (2) The Secretary shall also include in each such report the justification for and an explanation of the level of funding recommended in the Budget of the President for the next fiscal year for aircraft flying hours, ship steaming hours, field training days for the combat arms battalions, major repair work to be performed on ships of the Navy, airframe reworks, aircraft engine reworks, and vehicle overhauls.

              (b) In this section:
              • (1) The term "combat arms battalions" means armor, infantry, mechanized infantry, air assault infantry, airborne infantry, ranger, artillery, and combat engineer battalions and armored cavalry and air cavalry squadrons.

              • (2) The term "major repair work" means, in the case of any ship to which subsection (a) is applicable, any overhaul, modification, alteration, or conversion work which will result in a total cost to the United States of more than $10,000,000.