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Title 10 — Armed Forces

Part I · Chapter 801 — Definitions

§ 8001. Definitions

Statutory text

(a)

In this subtitle:

(1)

The term “Navy” means the United States Navy. It includes the Regular Navy, the Fleet Reserve, and the Navy Reserve.

(2)

The term “Marine Corps” means the United States Marine Corps. It includes the Regular Marine Corps, the Fleet Marine Corps Reserve, and the Marine Corps Reserve.

(3)

The term “member of the naval service” means a person appointed or enlisted in, or inducted or conscripted into, the Navy or the Marine Corps.

(4)

The term “enlisted member” means a member of the naval service serving in an enlisted grade or rating. It excludes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(5)

The term “officer” means a member of the naval service serving in a commissioned or warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(6)

The term “commissioned officer” means a member of the naval service serving in a grade above warrant officer, W–1. It includes, unless otherwise specified, a member who holds a permanent enlisted grade or the permanent grade of warrant officer, W–1, and a temporary appointment in a grade above warrant officer, W–1.

(7)

The term “warrant officer” means a member of the naval service serving in a warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a warrant officer grade.

(8)

The term “officer restricted in the performance of duty” means an officer of the Navy designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, or an officer of the Marine Corps designated for limited duty.

(b)

For the purposes of this subtitle, a member of the naval service who holds a temporary appointment in a grade higher than his permanent grade is considered, unless otherwise specified, to be serving in the higher grade.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001 · 70A Stat. 276

    Enacted · 10 U.S.C. § 8001

    Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001

  2. Pub. L. 87–123 § 5(1) · 75 Stat. 263

    Struck · 10 U.S.C. § 8001(a)(8)

    Pub. L. 87–123 struck out provisions which related to Marine Corps officers designated for supply duty

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 87–123 struck out provisions which related to Marine Corps officers designated for supply duty.

    Enacted provision · exact public law section
    (1) Section 5001(a)(8) is amended by striking out the words “supply duty or”.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(2) · 94 Stat. 2835

    Struck · 10 U.S.C. § 8001(a)(3)

    Pub. L. 96–513, § 513(2), struck out “, male or female,” after “person”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 96–513, § 513(2), struck out “, male or female,” after “person”.

    Enacted provision · exact public law section
    (2) Section 5001(a)(3) is amended by striking out male or female,”. 10 USC 5001.

  4. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 371 · 94 Stat. 2835

    Struck · 10 U.S.C. § 8001(a)(9); 10 U.S.C. § 8001(a)(10)

    Pub. L. 96–513, § 371, struck out pars. (9) and (10) which defined the active lists of the Navy and the Marine Corps, respectively. See section 101 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(9), (10). Pub. L. 96–513, § 371, struck out pars. (9) and (10) which defined the active lists of the Navy and the Marine Corps, respectively. See section 101 of this title.

    Enacted provision · exact public law section
    Sec. 371. definitions Section 5001(a), relating to definitions for purposes of subtitle C, is amended by striking out clauses (9) and (10).

  5. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(k)(2) · 101 Stat. 273

    1. Inserted · 10 U.S.C. § 8001(a)

      Pub. L. 100–26 inserted “The term” after each par. designation

    2. Struck · 10 U.S.C. § 8001(a)

      Pub. L. 100–26 struck out uppercase letter of first word after first quotation marks in pars. (3) to (8)

    3. Substituted · 10 U.S.C. § 8001(a)

      Pub. L. 100–26 substituted lowercase letter

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–26 inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in pars. (3) to (8) and substituted lowercase letter.

    Enacted provision · exact public law section
    (2) Sections 976(a), 1045(e), 1587(a), 1621, 2006(b), 2120, 2213(e), 2232, 2302 (other than paragraph (3)), 2305a(d), 2350, 2362(e), 2394(c), 2397(a), 2397a(a), 2403(a), 2432(a), 2547(e), 2801(c), and 5001(a) are amended— (A) by inserting “The term” in each paragraph after the paragraph designation; and (B) by revising the first word after the first quotation marks in each paragraph (other than in sections 1045(e), 2006(b)(1), 2213(e)(2), 2232(1), 2350(2), 2801(c)(3), 5001(a)(1), and 5001(a)(2)) so that the initial letter of such word is lower case.

  6. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(b)(1)(E) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 8001(a)(1)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

    Enacted provision · exact public law section
    (E) Section 5001(a)(1).

  7. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(a)(1) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8001

    Pub. L. 115–232 renumbered section 5001 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 5001 of this title as this section.

    Enacted provision · exact public law section
    (1) In general.— Except as provided in paragraph (2), each section in part I of subtitle C of title 10, United States Code, is 10 USC 8001, 8011–8020, 8022–8028, 8031–8033, 8035–8038, 8041–8047, 8061–8063. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 3,000.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 8010 was renumbered section 8011 of this title.

Amendments1961–2018 · 5 rounds

2018

Pub. L. 115–232 renumbered section 5001 of this title as this section.

2006

Subsec. (a)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

1987

Subsec. (a). Pub. L. 100–26 inserted “The term” after each par. designation and struck out uppercase letter of first word after first quotation marks in pars. (3) to (8) and substituted lowercase letter.

1980

Subsec. (a)(3). Pub. L. 96–513, § 513(2), struck out “, male or female,” after “person”.

Subsec. (a)(9), (10). Pub. L. 96–513, § 371, struck out pars. (9) and (10) which defined the active lists of the Navy and the Marine Corps, respectively. See section 101 of this title.

1961

Subsec. (a)(8). Pub. L. 87–123 struck out provisions which related to Marine Corps officers designated for supply duty.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by section 371 of Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Amendment by section 513(2) of Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513.

Credits

1956–2018 · 6 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001
  2. 1961Pub. L. 87–123, § 5(1), , 75 Stat. 264
  3. 1980Pub. L. 96–513, title III, § 371, title V, § 513(2), , 94 Stat. 2903, 2931
  4. 1987Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284
  5. 2006Pub. L. 109–163, div. A, title V, § 515(b)(1)(E), , 119 Stat. 3233
  6. 2018renumbered § 8001, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), , 132 Stat. 1834.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001; Pub. L. 87–123, § 5(1), , 75 Stat. 264; Pub. L. 96–513, title III, § 371, title V, § 513(2), , 94 Stat. 2903, 2931; Pub. L. 100–26, § 7(k)(2), , 101 Stat. 284; Pub. L. 109–163, div. A, title V, § 515(b)(1)(E), , 119 Stat. 3233; renumbered § 8001, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), , 132 Stat. 1834.)

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