(11) "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. (12) "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, the Canal Zone, 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. (13) "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. (14) "Officer" means commissioned or warrant officer. (15) "Commissioned officer" includes a commissioned warrant officer. (16) "Warrant officer" means a person who holds a commission or warrant in a warrant officer grade. (17) "Enlisted member" means a person in an enlisted grade. (18) "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. (19) "Rank" means the order of precedence among members of the armed forces. (20) "Rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. "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). (21) "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. (22) "Active duty" means full-time duty in the active military service of the United States. It includes duty on the active list, 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. (23) "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. (24) "Active service" means service on active duty. (25) "Active status" means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve. (27) "Pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances. The (28) "Shall" is used in an imperative sense. (29) "May" is used in a permissive sense. words "no person may ** *" mean that no person is required, authorized, or permitted to do the act prescribed. (30) "Includes" means "includes but is not limited to". (31) "Inactive-duty training" means (A) duty prescribed for Reserves by the Secretary concerned under section 301 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. It includes those duties when performed by Reserves in their status as members of the National Guard. (32) "Spouse" means husband or wife, as the case may be. (33) "Regular", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office in a regular component of an armed force. (34) "Reserve", with respect to an enlistment, appointment, grade, or office, means enlistment, appointment, grade, or office held as a Reserve of an armed force. (35) "Original", with respect to the appointment of a member of the armed forces in a regular or reserve component, refers to his most recent appointment in that component that is neither a promotion nor a demotion. (Aug. 10, 1956, ch. 1041, 70A Stat. 3; Sept. 2, 1958, Pub. L. 85-861, §§ 1 (1), 33 (a) (1), 72 Stat. 1437, 1564.) HISTORICAL AND REVISION NOTES 5: 171 (b) (last 23 words of 10: 600 (a); 34: 135 (a). 32: 2 (for definition purposes); 32: 4b (for definition purposes). 101 (11) 50: 1112 (a) (for definition purposes). 101 (12)... 101 (13) 101 (14) 10: 1835 (less last 16 words, for definition purposes); 32: 2 (for definition purposes); 32: 4b (for definition purposes). 50: 1112 (b) (for definition purposes). 5: 181-3 (b) (less last sentence); 10: 1a (b) (less last sentence) 10: 1801 (b) (less last sentence); 37: 231 (c) (1st sentence, for definition purposes); 50: 901 (g). No source. 10: 600 (b); 34: 135 (b). Sept. 10, 1942, ch. 561, § 401 (clause (b)); added Apr. 1, 1944, ch. 150, § 401 (clause (b)); restated Apr. 19, 1946, ch. 142, § 401 (clause (b)), 60 Stat. 102. July 9, 1952, ch. 608, § 101 (d) (less 2d sentence), (e), (g), 702 (tor definition purposes), 66 Stat. 481, 482, 501. July 26, 1947, ch. 343, §§ 205 (c) (for definition purposes), 206 (a) (for definition purposes), 207 (c) (for definition purposes), 61 Stat. 501, 502. July 26, 1947, ch. 343, § 201 (b) (last 31 words of clause (1), for definition purposes); restated Aug. 10, 1949, ch. 412, § 4 (last 31 words of clause (1) of 201 (b), for definition purposes), 63 Stat. 579. June 3, 1916, ch. 134, § 62 (1st 36 words of last proviso), 39 Stat. 198. June 3, 1916, ch. 134, § 117 (for definition purposes), 39 Stat. 212. June 3, 1916, ch. 134, § 71 (for definition purposes); added June 15, 1933, ch. 87, §9 (for definition purposes), 48 Stat. 157; Oct. 12, 1949, ch. 681, 530 (for definition purposes), 63 Stat. 837; July 9, 1952, ch. 608, § 803 (9th par., for definition purposes), 66 Stat. 505. Sept. 19, 1951, ch. 407, §§ 2 (b), 305 (less last 16 words, for definition purposes), 65 Stat. 326, 330. June 28, 1950, ch. 383, § 2 (b), 64 Stat. 263; July 9, 1952, ch. 608, 807 (a), 66 Stat. 508. Oct. 12, 1949, ch. 681, § 102 (c) (1st sentence, for definition purposes), 63 Stat. 804. May 5, 1950, ch. 169, §1 (Art. 1 (clause (9)), 64 Stat. 108. May 29, 1954, ch. 249, § 2 (a), (b), 68 Stat. 157. June 29, 1948, ch. 708, § 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, § 117 (last 66 words), 39 Stat. 212, is not contained in 32:2. It is also omitted from the revised section as repealed by the Act of February 28, 1925, ch. 374, § 3, 43 Stat. 1081. In clauses (10) and (11), the word "Army" is inserted to distinguish the organizations defined from their Air Force counterparts. In clauses (10) and (12), the words "unless the context or subject matter otherwise requires" and "as provided in this title", in 32:4b, are omitted as surplusage. In clauses (10) (B) and (12) (B), the words "has its officers appointed" are substituted for the word "offcered", 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. AMENDMENTS 1958-Cl. (25) added by Pub. L. 85-861, § 1 (1). Cl. (35) added by Pub. L. 85-861, § 33 (a) (1). EFFECTIVE DATE OF 1958 AMENDMENT Section 33 (g) of Pub. L. 85-861 provided that section 33 (a)-(f) of Pub. L. 85-861, which added cl. (35) of this section and section 5787 (c) of this title, section 114a of Title 5, Executive Departments and Government Officers and Employees, and section 440 of Title 14, Coast Guard, and amended sections 280, 560 (b), 672 (a), (c), 673 (a), 1217, 1331 (a) (3), 1332 (a) (2) (A) (ii), 1333 (1)—(4), 1431 (b), 2304 (a) (6), 2451 (c) (2), (3), 2663 (a), 2664 (a), (e), (f), 2732 (d) (2), 3033 (d), 3037 (a), 3066 (a), 3261 (b), 3299 (h), 3355 (4), 3574 (c), 3752 (b), 3914, 4335 (b), 4336, 4342 (c), 4837 (b), (f), 5149 (b), 5785, 6115, 6150 (a), 6332, 7203 (b), 7434, 8033 (d), 8066 (a), 8257 (e), 8299 (h), 8355 (4), 8448 (a), 8571 (c) (2), 8574 (c), 8752 (b), 8885, 9335 (b), 9336, 9353 (a), 9382 (c) (3) and 9837 (b), (f), of this title, sections 318, 323 (b) (1), (2), and 710 (c) of Title 32, National Guard, and sections 31a (c), 38, and 255 (b) of Title 37, Pay and Allowances, should be effective as of August 10, 1956, for all purposes. SAVING AND SEVERABILITY CLAUSES Section 34 of Pub. L. 85-861 provided that: "(a) In sections 1-32 of this Act [see Tables for distribution], it is the legislative purpose to restate, without substantive change, the law replaced by those sections on the effective date of this Act [September 2, 1958]. However, laws effective after December 31, 1957, that are inconsistent with this Act shall be considered as superseding it to the extent of the inconsistency. "(b) References that other laws, regulations, and orders make to the replaced law shall be considered to be made to the corresponding provisions of sections 1-32. "(c) Actions taken under the replaced law shall be considered to have been taken under the corresponding provisions of sections 1-32. "(d) If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. "(e) The enactment of this Act does not increase or decrease the pay or allowances, including retired and retainer pay, of any person." RESTATEMENT OF SUSPENDED OR TEMPORARILY SUPERSEDED PROVISIONS Section 35 of Pub. L. 85-861 provided that: "If on the effective date of this Act [September 2, 1958] a provision of law that is restated in this Act and repealed by section 36 would have been in a suspended or temporarily superseded status but for its repeal, the provisions of this Act that restate that provision have the same suspended or temporarily superseded status." COAST AND GEODETIC SURVEY Authority vested by this title in the "military departments" or "the Secretary concerned" with respect to cer tain provisions of law to be exercised, with respect to the § 123. Suspension of certain provisions of law relating Coast and Geodetic Survey, by the Secretary of Commerce or his designee, see section 857a (b) of Title 33, Navigation and Navigable Waters. PUBLIC HEALTH SERVICE Authority vested by this title in the "military departments" or "the Secretary concerned" with respect to certain rights, privileges, immunities, and benefits to be exercised, with respect to commissioned officers of the Public Health Service, by the Secretary of Health, Education, and Welfare or his designee, see section 213a (b) of Title 42, The Public Health and Welfare. CROSS REFERENCES Advanced training, Army or Air Force Reserve Officers' Training Corps, see sections 4381, 9381 of this title. Deferred officer of Army or Air Force, see sections 3303, 8303 of this title. Department of Defense, establishment and composition, see section 171 of Title 5, Executive Departments and Government Officers and Employees. Dependents, see sections 3685, 6033, 8685 of this title. Enlistment, Army or Air Force, see sections 3251, 8251 of this title. Partial mobilization, see section 276 (b) of this title. Promotion-list officer, see sections 3296, 8296 of this to reserve commissioned officers. (a) In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of the following sections of this title with respect to any armed force: 592, 1002, 1005, 1006, 1007, 1374, 3217, 3218, 3219, 3220, 3352 (a) (last sentence), 3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3371, 3375, 3378, 3380, 3382, 3383, 3384, 3385, 3386, 3388, 3389, 3390, 3391, 3392, 3393, 3494, 3571, 3819, 3820 (c), 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 5414, 5457, 5458, 5506, 5600, 5665, 5867, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910, 5911, 6389, 6391, 6397, 6403, 6410, 8217, 8218, 8219, 8353, 8354, 8358, 8359, 8360, 8361. 8362, 8363, 8365, 8366, 8367, 8368, 8370, 8371, 8372, 8373, 8374, 8375, 8376, 8377, 8378, 8379, 8380, 8381, 8392, 8393, 8494, 8571, 8819, 8841, 8842, 8843, 8844, 8845, 8846, 8847, 8848, 8849, 8850, 8851, 8852, and 8853. (b) If a provision is so suspended, the Secretary of Defense shall, before the end of that suspension, recommend to Congress legislation necessary to adjust the grades of reserve commissioned officers other than commissioned warrant officers. So far as practicable, this legislation shall be the same as that recommended for adjusting the grades of officers of the regular component of the armed force concerned. (Added Pub. L. 85-861, §1 (2) (A), Sept. 2, 1958, 72 Stat. 1437.) § 141. Composition; functions. (a) There are in the Department of Defense the Joint Chiefs of Staff consisting of (1) a Chairman: (2) the Chief of Staff of the Army; (3) the Chief of Naval Operations; and (4) the Chief of Staff of the Air Force. (b) The Joint Chiefs of Staff are the principal military advisers to the President, the National Security Council, and the Secretary of Defense. (c) The Commandant of the Marine Corps shall indicate to the Chairman any matter scheduled for consideration by the Joint Chiefs that directly concerns the Marine Corps. Unless, upon request of the Chairman for a determination, the Secretary of Defense determines that such a matter does not con cern the Marine Corps, the Commandant shall meet with the Joint Chiefs of Staff when that matter is under consideration. While the matter is under consideration and with respect to it, the Commandant has co-equal status with the members of the Joint Chiefs of Staff. (d) Subject to the authority and direction of the President and the Secretary of Defense, the Joint Chiefs of Staff shall (1) prepare strategic plans and provide for the strategic direction of the armed forces; (2) prepare joint logistic plans and assign logistic responsibilities to the armed forces in accordance with those plans; (3) establish unified commands in strategic areas; (4) review the major material and personnel requirements of the armed forces in accordance with strategic and logistic plans; (5) formulate policies for the joint training of the armed forces; (6) formulate policies for coordinating the military education of members of the armed forces; (7) provide for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations; and (8) perform such other duties as the President or the Secretary of Defense may prescribe. (Aug. 10, 1956, ch. 1041, 70A Stat. 6; Aug. 6, 1958, Pub. L. 85-599, § 7, 72 Stat. 519.) Chief of Naval Operations, generally, see sections 50815084 of this title. Chief of Staff of the Army or Air Force, appointment and duties, see sections 3034, 8034 of this title. Commandant of the Marine Corps, appointment, term and emoluments, see section 5201 of this title. Instruction by Secretary of Defense as to interaction of research and development and strategy, see section 2351 (5) of this title. National Security Council, establishment and functions, see section 402 of Title 50, War and National Defense. Selection of Director of the Joint Staff, see section 143 (b) of this title. United Nations Organization Personal money allowance of officers serving as members of Military Staff Committee, see section 254 of Title 37, Pay and Allowances. Representation, see section 287 of Title 22, Foreign Relations and Intercourse. § 142. Chairman. He (a) The Chairman of the Joint Chiefs of Staff shall be appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. serves at the pleasure of the President for a term of two years, and may be reappointed in the same manner for one additional term. However, in time of war declared by Congress there is no limit on the number of reappointments. (b) In addition to his other duties as a member of the Joint Chiefs of Staff, the Chairman shall, subject to the authority and direction of the President and the Secretary of Defense (1) preside over the Joint Chiefs of Staff; (2) provide agenda for the meetings of the Joint Chiefs of Staff and assist them in carrying on their business as promptly as practicable; and (3) inform the Secretary of Defense, and, when the President or the Secretary of Defense considers it appropriate, the President, of those issues upon which the Joint Chiefs of Staff have not agreed. (c) While holding office, the Chairman outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces. (d) The Chairman is entitled to the pay and allowances provided by law for the Chief of Staff of the Army. (Aug. 10, 1956, ch. 1041, 70A Stat. 7.) HISTORICAL AND REVISION NOTES In subsection (a), the words "armed forces" are substituted for the words "armed services". The words "(hereinafter referred to as the 'Chairman')", "hereafter", and "except" are omitted as surplusage. The words "in the same manner" are substituted for the words "by and with the advice and consent of the Senate" (following the word "reappointed"). In subsection (b), the words "his other duties as a member of the Joint Chiefs of Staff" are substituted for the words "participating as a member of the Joint Chiefs of Staff in the performance of the duties assigned in subsection (b) of this section". In subsection (c), the words "armed forces" are substituted for the words "armed services" and "military services". The word "outranks" is substituted for the words "shall take precedence over", 5: 171f (d) (1st sentence, less applicability to admiral) is omitted, since the limitation on numbers in grade under 10: 506b (b) (3d proviso) is executed (see opinion of the Judge Advocate General of the Army (JAGA 1951/6180, 17 Oct. 1951)). In subsection (d), the words "basic and personal money" and "and such special pays and hazardous duty pays to which he may be entitled under other provisions of law" are omitted as surplusage. CROSS REFERENCES Armed Forces Policy Council, member of, see section 171 (a) (6) of this title. Management of the Joint Staff and its director, see section 143 (c) of this title. Pay and allowances Grade of general, see section 3034 of this title; sections 232, 251 and 252 of Title 37, Pay and Allowances. Personal money allowance of the Chief of Staff of the Army, see section 254 of Title 37, Pay and Allowances. § 143. Joint Staff. (a) There is under the Joint Chiefs of Staff a Joint Staff consisting of not more than 400 officers selected by the Joint Chiefs of Staff with the approval of the Chairman. The Joint Staff shall be selected in approximately equal numbers from— (1) the Army; (2) the Navy and the Marine Corps; and The tenure of the members of the Joint Staff is subject to the approval of the Chairman of the Joint Chiefs of Staff, and except in time of war, no such tenure of duty may be more than three years. Except in time of war, officers completing a tour of duty with the Joint Staff may not be reassigned to the Joint Staff for a period of not less than three years following their previous tour of duty on the Joint Staff except that selected officers may be recalled to Joint Staff duty in less than three years with the approval of the Secretary of Defense in each case. The number of such officers recalled to Joint Staff duty in less than three years shall not exceed 30 serving on the Joint Staff at any one time. (b) The Chairman of the Joint Chiefs of Staff in consultation with the Joint Chiefs of Staff, and with the approval of the Secretary of Defense, shall select the Director of the Joint Staff. Except in time of war, the tour of duty of the Director may not exceed three years. Upon the completion of a tour of duty as Director of the Joint Staff, the Director, except in time of war, may not be reassigned to the Joint Staff. The Director must be an officer junior in grade to each member of the Joint Chiefs of Staff. (c) The Joint Staff shall perform such duties as the Joint Chiefs of Staff or the Chairman prescribes. The Chairman of the Joint Chiefs of Staff manages the Joint Staff and its Director, on behalf of the Joint Chiefs of Staff. (d) The Joint Staff shall not operate or be organized as an overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along conventional staff lines to support the Joint Chiefs of Staff in discharging their assigned responsibilities. 10, 1956, ch. 1041, 70A Stat. 7; Aug. 6, 1958, Pub. L. 85-599, § 5 (a), 72 Stat. 517.) (Aug. In subsection (a), the enumeration of the services is substituted for the words "each of the three armed services". In subsections (a) and (b), the words "selected" and "select" are substituted for the words "appointed" and "appoint", respectively, since the filling of the position involved is not an appointment in the constitutional sense. In subsection (c), the words "are hereby transferred", in section 1 (d) of 1953 Reorganizataion Plan No. 6, are omitted as executed. AMENDMENTS 1958 Subsec. (a) amended by Pub. L. 85-599 to increase the number of officers on the Joint Staff from 210 to 400, to limit the tenure of duty, except in time of war, to three years, and to insert provisions covering reassignment of officers. Subsec. (b) amended by Pub. L. 85-599 to permit the Chairman to select the Director, after consulting with the Joint Chiefs of Staff and upon approval of the Secretary, and, except in time of war, to limit the tenure of the Director to three years and to prohibit reassignment to the Joint Staff. Subsec. (c) amended by Pub. L. 85-599, which substituted "The Joint Staff shall perform such duties as the Joint Chiefs of Staff or the Chairman prescribes" for "The Joint Staff, operating under the Director, shall perform such duties as the Joint Chiefs of Staff direct", and inserted "on behalf of the Joint Chiefs of Staff" following "Director,". Subsec. (d) added by Pub. L. 85–599. § 171. Armed Forces Policy Council. (a) There is in the Department of Defense an Armed Forces Policy Council consisting of— (1) the Secretary of Defense, as Chairman, with the power of decision; (2) the Deputy Secretary of Defense; (6) the Director of Defense Research and Engineering; (7) the Chairman of the Joint Chiefs of Staff; (8) the Chief of Staff of the Army; (9) the Chief of Naval Operations; and (10) the Chief of Staff of the Air Force. (b) The Armed Forces Policy Council shall advise the Secretary of Defense on matters of broad policy relating to the armed forces and shall consider and report on such other matters as the Secretary of Defense may direct. (Aug. 10, 1956, ch. 1041, 70A Stat. 8; Aug. 6, 1958, Pub. L. 85-599, § 9 (c), 72 Stat. 521.) HISTORICAL AND REVISION NOTES July 26, 1947, ch. 343, § 212; restated Aug. 10, 1949, ch. 412, §7 (c), 63 Stat. 583; 1953 Reorg. Plan No. 6, § 1 (b)-(d), eff. June 30, 1953, 67 Stat. 638. |