08 USC 1523. Congressional reports
TITLE 8 -- ALIENS AND NATIONALITY
(a) The Secretary, in consultation with the Coordinator, shall submit
a report on activities under this subchapter to the Committees on the
Judiciary of the House of Representatives and of the Senate not later
than the January 31 following the end of each fiscal year, beginning
with fiscal year 1980.
(b) Each such report shall contain --
(1) an updated profile of the employment and labor force statistics
for refugees who have entered the United States within the
five-fiscal-year period immediately preceding the fiscal year within
which the report is to be made and for refugees who entered earlier and
who have shown themselves to be significantly and disproportionately
dependent on welfare, as well as a description of the extent to which
refugees received the forms of assistance or services under this
subchapter during that period;
(2) a description of the geographic location of refugees;
(3) a summary of the results of the monitoring and evaluation
conducted under section 1522(a)(7) of this title during the period for
which the report is submitted;
(4) a description of (A) the activities, expenditures, and policies
of the Office under this subchapter and of the activities of States,
voluntary agencies, and sponsors, and (B) the Director's plans for
improvement of refugee resettlement;
(5) evaluations of the extent to which (A) the services provided
under this subchapter are assisting refugees in achieving economic
self-sufficiency, achieving ability in English, and achieving employment
commensurate with their skills and abilities, and (B) any fraud, abuse,
or mismanagement has been reported in the provisions of services or
assistance;
(6) a description of any assistance provided by the Director pursuant
to section 1522(e)(5) of this title;
(7) a summary of the location and status of unaccompanied refugee
children admitted to the United States; and
(8) a summary of the information compiled and evaluation made under
section 1522(a)(8) of this title.
(June 27, 1952, ch. 477, title IV, ch. 2, 413, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 115, and amended
Oct. 25, 1982, Pub. L. 97-363, 3(b), 7, 96 Stat. 1734, 1737; Nov. 6,
1986, Pub. L. 99-605, 11, 100 Stat. 3455; Oct. 24, 1988, Pub. L.
100-525, 9(jj), 102 Stat. 2622.)
1988 -- Pub. L. 100-525 redesignated former subsec. (a)(1) as (a)
and former subsec. (a)(2) as (b), and within (b), further redesignated
former subpars. (A) to (H) as pars. (1) to (8), respectively, and
former cls. (i) and (ii) of pars. (4) and (5) as cls. (A) and (B),
respectively; and struck out former subsec. (b) which provided for a
report to Congress by the Secretary not later than one year after Mar.
17, 1980, and former subsecs. (c) and (d) which provided for certain
reports to Congress by the Director not later than certain dates in
1983.
1986 -- Subsec. (a)(2)(A). Pub. L. 99-605 substituted ''the United
States within the five-fiscal-year period immediately preceding the
fiscal year within which the report is to be made and for refugees who
entered earlier and who have shown themselves to be significantly and
disproportionately dependent on welfare'' for ''under this chapter since
May 1975''.
1982 -- Subsec. (c). Pub. L. 97-363, 3(b), added subsec. (c).
Subsec. (d). Pub. L. 97-363, 7, added subsec. (d).
Amendment by Pub. L. 97-363 effective Oct. 1, 1982, see section 8
of Pub. L. 97-363, set out as a note under section 1522 of this title.
08 USC 1524. Authorization of appropriations
TITLE 8 -- ALIENS AND NATIONALITY
(a) There are authorized to be appropriated for fiscal year 1992 such
sums as may be necessary to carry out this subchapter.
(b) The authority to enter into contracts under this subchapter shall
be effective for any fiscal year only to such extent or in such amounts
as are provided in advance in appropriation Acts.
(June 27, 1952, ch. 477, title IV, ch. 2, 414, as added Mar. 17,
1980, Pub. L. 96-212, title III, 311(a)(2), 94 Stat. 116, and amended
Oct. 25, 1982, Pub. L. 97-363, 2, 96 Stat. 1734; Nov. 6, 1986, Pub. L.
99-605, 2, 100 Stat. 3449; Oct. 24, 1988, Pub. L. 100-525, 6(a), 102
Stat. 2616; Oct. 1, 1991, Pub. L. 102-110, 5, 105 Stat. 558.)
1991 -- Subsec. (a). Pub. L. 102-110 amended subsec. (a) generally,
substituting present provisions for provisions which authorized
appropriations for fiscal years 1987 and 1988 to carry out this
subchapter generally and specifically to carry out section 1522( c)(1),
(b)(5), and (f) of this title.
1988 -- Subsec. (a)(1). Pub. L. 100-525 substituted ''through (4)''
for ''through (5)''.
1986 -- Subsec. (a)(1). Pub. L. 99-605, 2(a), (b)(1), substituted
''for each of fiscal years 1987 and 1988'' for ''for fiscal year 1983'',
and ''(2) through (5)'' for ''(2) and (3)''.
Subsec. (a)(2). Pub. L. 99-605, 2(b)(2), amended par. (2) generally,
substituting ''1987 $74,783,000 and for fiscal year 1988 $77,924,000''
for ''1983 $100,000,000'', and ''1522(c)(1)'' for ''1522( c)''.
Subsec. (a)(3). Pub. L. 99-605, 2(b)(2), amended par. (3) generally,
substituting ''1987 $8,761,000 and for fiscal year 1988 $9,125,000'' for
''1983 $14,000,000''.
Subsec. (a)(4). Pub. L. 99-605, 2(b)(3), added par. (4).
1982 -- Subsec. (a). Pub. L. 97-363, 2, substituted provisions with
regard to fiscal 1983 authorizing appropriation of sums necessary to
carry out provisions of this chapter, authorizing appropriations of
$100,000,000 for services to refugees under section 1522(c) of this
title, and authorizing appropriations of $14,000,000 for the purpose of
carrying out section 1522(b)(5) of this title, for provisions with
regard to fiscal 1980 and each of the two succeeding fiscal years
authorizing appropriation of sums necessary for initial resettlement
assistance, cash and medical assistance, and child welfare services
under subsecs. (b)(1), (3), (4), (d)(2), and (e) of section 1522 of
this title, and authorizing appropriations of $200,000,000 for other
programs.
Amendment by Pub. L. 100-525 effective as if included in enactment
of Refugee Assistance Extension Act of 1986, Pub. L. 99-605, see
section 6(c) of Pub. L. 100-525, set out as a note under section 1522
of this title.
08 USC 1525. United States Coordinator for Refugee Affairs
TITLE 8 -- ALIENS AND NATIONALITY
(a) Appointment; rank
The President shall appoint, by and with the advice and consent of
the Senate, a United States Coordinator for Refugee Affairs (hereinafter
in this section referred to as the ''Coordinator''). The Coordinator
shall have the rank of Ambassador-at-Large.
(b) Duties and functions
The Coordinator shall be responsible to the President for --
(1) the development of overall United States refugee admission and
resettlement policy;
(2) the coordination of all United States domestic and international
refugee admission and resettlement programs in a manner that assures
that policy objectives are met in a timely fashion;
(3) the design of an overall budget strategy to provide individual
agencies with policy guidance on refugee matters in the preparation of
their budget requests, and to provide the Office of Management and
Budget with an overview of all refugee-related budget requests;
(4) the presentation to the Congress of the Administration's overall
refugee policy and the relationship of individual agency refugee budgets
to that overall policy;
(5) advising the President, Secretary of State, Attorney General, and
the Secretary of Health and Human Services on the relationship of
overall United States refugee policy to the admission of refugees to,
and the resettlement of refugees in, the United States;
(6) under the direction of the Secretary of State, representation and
negotiation on behalf of the United States with foreign governments and
international organizations in discussions on refugee matters and, when
appropriate, submitting refugee issues for inclusion in other
international negotiations;
(7) development of an effective and responsive liaison between the
Federal Government and voluntary organizations, Governors and mayors,
and others involved in refugee relief and resettlement work to reflect
overall United States Government policy;
(8) making recommendations to the President and to the Congress with
respect to policies for, objectives of, and establishment of priorities
for, Federal functions relating to refugee admission and resettlement in
the United States; and
(9) reviewing the regulations, guidelines, requirements, criteria,
and procedures of Federal departments and agencies applicable to the
performance of functions relating to refugee admission and resettlement
in the United States.
(c) Consultations with States, localities, etc.; reports by
Secretaries of Labor and Education and inclusion of information in
report of Coordinator
(1) In the conduct of the Coordinator's duties, the Coordinator shall
consult regularly with States, localities, and private nonprofit
voluntary agencies concerning the sponsorship process and the intended
distribution of refugees.
(2) The Secretary of Labor and the Secretary of Education shall
provide the Coordinator with regular reports describing the efforts of
their respective departments to increase refugee access to programs
within their jurisdiction, and the Coordinator shall include information
on such programs in reports submitted under section 1523( a)(1) /1/ of
this title.
(Pub. L. 96-212, title III, 301, Mar. 17, 1980, 94 Stat. 109.)
Section 1523 of this title, referred to in subsec. (c)(2), was
amended by Pub. L. 100-525, 9(jj)(2)(D), Oct. 24, 1988, 102 Stat.
2622, to redesignate subsec. (a)(1) as subsec. (a).
Section was enacted as part of the Refugee Act of 1980, and not as
part of the Immigration and Nationality Act which comprises this
chapter.
References to Secretary of Education or to Secretary or Department of
Health and Human Services deemed, before the effective date of
Department of Education Organization Act (see Effective Date note set
out under section 3401 of Title 20, Education), to be reference to
Secretary or Department of Health, Education, and Welfare, respectively,
see section 204(e) of Pub. L. 96-212, set out as a note under section
1521 of this title.
/1/ See References in Text note below.
08 USC CHAPTER 13 -- IMMIGRATION AND NATURALIZATION SERVICE
TITLE 8 -- ALIENS AND NATIONALITY
Sec.
1551. Immigration and Naturalization Service.
1552. Commissioner of Immigration and Naturalization; office.
1553. Assistant Commissioners and one District Director;
compensation and salary grade.
1554. Special immigrant inspectors at Washington.
1555. Immigration Service expenses.
1556. Transferred.
1557. Prevention of transportation in foreign commerce of alien
women and girls under international agreement; Commissioner designated
as authority to receive and preserve information.
08 USC 1551. Immigration and Naturalization Service
TITLE 8 -- ALIENS AND NATIONALITY
There is created and established in the Department of Justice an
Immigration and Naturalization Service.
(Feb. 14, 1903, ch. 552, 4, 32 Stat. 826; June 29, 1906, ch. 3592,
1, 34 Stat. 596; Mar. 4, 1913, ch. 141, 3, 37 Stat. 737; Ex. Ord. No.
6166, 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5
F.R. 2223, 54 Stat. 1238.)
Section was formerly classified to section 342 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in
the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Pub. L. 96-132, 10, Nov. 30, 1979, 93 Stat. 1047, provided that:
''The Attorney General shall make arrangements with an appropriate
entity for an independent comprehensive management analysis of the
operations of the Immigration and Naturalization Service for the purpose
of making such operations efficient and cost effective. After the
completion of such analysis, the Attorney General shall promptly submit
a report to the appropriate committees of Congress on the results of
such analysis together with any administrative or legislative
recommendations of the Attorney General to improve the operations of the
Service.''
Establishment, Powers, Etc.
Pub. L. 96-132, 22, Nov. 30, 1979, 93 Stat. 1050, provided that:
''(a) In order to create an independent and objective unit --
''(1) to conduct and supervise audits and investigations relating to
programs and operations of the Immigration and Naturalization Service,
''(2) to provide leadership and coordination and recommend policies
for activities designed (A) to promote economy, efficiency, and
effectiveness in the administration of, and (B) to prevent and detect
fraud and abuse in, such programs and operations, and
''(3) to provide a means for keeping the Commissioner of the
Immigration and Naturalization Service and the Congress fully and
currently informed about problems and deficiencies relating to the
administration of such programs and operations and the necessity for and
progress of corrective action,
there is hereby established in the Immigration and Naturalization
Service of the Department of Justice an Office of Special Investigator
(hereinafter in this section referred to as 'the Office').
''(b)(1) There shall be at the head of the Office a Special
Investigator (hereinafter in this section referred to as 'the Special
Investigator') who shall be appointed by the Attorney General without
regard to political affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations. The
Special Investigator shall report to and be under the general
supervision of the Commissioner, who shall not prevent or prohibit the
Special Investigator from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpena during the course of
any audit or investigation.
''(2) The Special Investigator may be removed from office by the
Attorney General. The Attorney General shall communicate the reasons
for any such removal to both Houses of Congress.
''(3) For the purposes of section 7324 of title 5 of the United
States Code, the Special Investigator shall not be considered to be an
employee who determines policies to be pursued by the United States in
the nationwide administration of Federal laws.
''(4) The Special Investigator shall, in accordance with applicable
laws and regulations governing the civil service --
''(A) appoint an Assistant Special Investigator for Auditing who
shall have the responsibility for supervising the performance of
auditing activities relating to programs and operations of the Service,
and
''(B) appoint an Assistant Special Investigator for Investigations
who shall have the responsibility for the performance of investigative
activities relating to such programs and operations.
''(c) The following provisions of the Inspector General Act of 1978
(Public Law 95-452) (set out in the Appendix to Title 5) shall apply to
the Special Investigator, the Office, the Commissioner, and the Service
under this section in the same manner as those provisions apply to an
Inspector General, an Office, the head of the establishment, and an
establishment under such Act:
''(1) Section 4 (relating to duties and responsibilities of an
Inspector General and the manner in which they are carried out).
''(2) Section 5 (relating to reports required to be prepared and
furnished by or to an Inspector General and their transmittal and
availability).
''(3) Section 6 (relating to the authority of an Inspector General
and related administrative provisions).
''(4) Section 7 (relating to the treatment of employee complaints by
an Inspector General).
''(d) The Attorney General is authorized to appoint such staff as may
be necessary to carry out this section.
''(e) For purposes of this section --
''(1) the term 'Service' means the Immigration and Naturalization
Service;
''(2) the term 'Department' means the Department of Justice; and
''(3) the term 'Commissioner' means the Commissioner of Immigration
and Naturalization.
''(f) The Special Investigator shall be compensated at the rate then
payable under section 5316 of title 5 of the United States Code for
level V of the Executive Schedule.
''(g) The provisions of this section shall take effect on the date of
the enactment of this Act (Nov. 30, 1979) and shall cease to have effect
the earlier of --
''(1) 3 years after the date of the enactment of this Act; and
''(2) the establishment of an office of inspector general for the
Department of Justice.
''(h) In addition to any other sums authorized to be appropriated by
this Act, there are authorized to be appropriated $376,000 for the
fiscal year ending September 30, 1980 to carry out this section.''
By acts Aug. 3, 1882, ch. 376, 2, 3, 22 Stat. 214; Feb. 23, 1887,
ch. 220, 24 Stat. 415, the administration of the immigration laws then
in force was reposed in the Secretary of the Treasury. Subsequently, by
act Mar. 3, 1891, ch. 551, 7, 26 Stat. 1087, the office of the
Superintendent of Immigration was created as a permanent immigration
agency and he in turn was designated Commissioner General of Immigration
under the heading ''Bureau of Immigration'' by act Mar. 2, 1895, ch.
177, 1, 28 Stat. 780. Upon the establishment of the Department of
Commerce and Labor, the Commissioner General of Immigration and the
Bureau of Immigration were transferred to that Department by act Feb.
14, 1903, ch. 552, 4, 32 Stat. 825, and thereafter were redesignated
the Bureau of Immigration and Naturalization by act June 29, 1906, ch.
3592, 1, 34 Stat. 596. The Bureau of Immigration and Naturalization was
transferred to the Department of Labor upon its establishment by act
Mar. 4, 1913, ch. 141, 37 Stat. 736, and divided into two bureaus to
be known as the Bureau of Immigration and the Bureau of Naturalization,
respectively. Ex. Ord. No. 6166, 14, June 10, 1933, set out as note
under section 901 of Title 5, Government Organization and Employees,
again consolidated these bureaus to form the Immigration and
Naturalization Service, under a ''Commissioner of Immigration and
Naturalization'', which was then transferred from the Department of
Labor to the Department of Justice by 1940 Reorg. Plan No. V, eff.
June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to
Title 5.
08 USC 1552. Commissioner of Immigration and Naturalization; office
TITLE 8 -- ALIENS AND NATIONALITY
The office of the Commissioner of Immigration and Naturalization is
created and established, and the President, by and with the advice and
consent of the Senate, is authorized and directed to appoint such
officer. The Attorney General shall provide him with a suitable,
furnished office in the city of Washington, and with such books of
record and facilities for the discharge of the duties of his office as
may be necessary.
(Mar. 3, 1891, ch. 551, 7, 26 Stat. 1085; Mar. 2, 1895, ch. 177, 1,
28 Stat. 780; Apr. 28, 1904, No. 34, 33 Stat. 591; Mar. 4, 1913, ch.
141, 3, 37 Stat. 737; Feb. 5, 1917, ch. 29, 23, 39 Stat. 892; Mar. 3,
1917, ch. 163, 1, 39 Stat. 1118; Mar. 28, 1922, ch. 117, title II, 42
Stat. 486; Jan. 5, 1923, ch. 24, title II, 42 Stat. 1127; Ex. Ord.
No. 6166, 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14,
1940, 5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV,
403(a)(4), 66 Stat. 279.)
Section was formerly classified to section 342b of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
1952 -- Act June 27, 1952, struck out second and fourth sentences
relating to duties of commissioner and appointment of an assistant
commissioner.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in
the Appendix to Title 5, Government Organization and employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Ex. Ord. No. 6166, 14, June 10, 1933, set out as a note under section
901 of Title 5, Government Organization and Employees, consolidated the
two formerly separate bureaus known as the Bureau of Immigration and the
Bureau of Naturalization to form the Immigration and Naturalization
Service under a Commissioner of Immigration and Naturalization, which
was subsequently transferred from the Department of Labor to the
Department of Justice by 1940 Reorg. Plan No. V, eff. June 14, 1940,
5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to Title 5. See
note set out under section 1551 of this title.
08 USC 1553. Assistant Commissioners and one District Director;
compensation and salary grade
TITLE 8 -- ALIENS AND NATIONALITY
The compensation of the five assistant commissioners and one district
director shall be at the rate of grade GS-16.
(June 20, 1956, ch. 414, title II, 201, 70 Stat. 307.)
Section was formerly classified to section 342b-1 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Similar provisions were contained in act July 7, 1955, ch. 279,
title II, 201, 69 Stat. 272.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
08 USC 1554. Special immigrant inspectors at Washington
TITLE 8 -- ALIENS AND NATIONALITY
Special immigrant inspectors, not to exceed three, may be detailed
for duty in the service at Washington.
(Mar. 2, 1895, ch. 177, 1, 28 Stat. 780; Ex. Ord. No. 6166, 14, June
10, 1933.)
Ex. Ord. No. 6166, is authority for the substitution of ''service''
for ''bureau.'' See note set out under section 1551 of this title.
Section was formerly classified to section 342g of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
Thereafter, it was classified to section 111 of this title prior to its
transfer to this section.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in
the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
08 USC 1555. Immigration Service expenses
TITLE 8 -- ALIENS AND NATIONALITY
Appropriations now or hereafter provided for the Immigration and
Naturalization Service shall be available for payment of (a) hire of
privately owned horses for use on official business, under contract with
officers or employees of the Service; (b) pay of interpreters and
translators who are not citizens of the United States; (c) distribution
of citizenship textbooks to aliens without cost to such aliens; (d)
payment of allowances (at such rate as may be specified from time to
time in the appropriation Act involved) to aliens, while held in custody
under the immigration laws, for work performed; and (e) when so
specified in the appropriation concerned, expenses of unforeseen
emergencies of a confidential character, to be expended under the
direction of the Attorney General, who shall make a certificate of the
amount of any such expenditure as he may think it advisable not to
specify, and every such certificate shall be deemed a sufficient voucher
for the sum therein expressed to have been expended.
(July 28, 1950, ch. 503, 6, 64 Stat. 380.)
Section was formerly classified to section 341d of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, 1, Sept. 6, 1966, 80 Stat. 378.
08 USC 1556. Transferred
TITLE 8 -- ALIENS AND NATIONALITY
Section transferred to section 1353d of this title.
08 USC 1557. Prevention of transportation in foreign commerce of alien
women and girls under international agreement; Commissioner designated
as authority to receive and preserve information
TITLE 8 -- ALIENS AND NATIONALITY
For the purpose of regulating and preventing the transportation in
foreign commerce of alien women and girls for purposes of prostitution
and debauchery, and in pursuance of and for the purpose of carrying out
the terms of the agreement or project of arrangement for the suppression
of the whiteslave traffic, adopted July 25, 1902, for submission to
their respective governments by the delegates of various powers
represented at the Paris Conference and confirmed by a formal agreement
signed at Paris on May 18, 1904, and adhered to by the United States on
June 6, 1908, as shown by the proclamation of the President of the
United States dated June 15, 1908, the Commissioner of Immigration and
Naturalization is designated as the authority of the United States to
receive and centralize information concerning the procuration of alien
women and girls with a view to their debauchery, and to exercise
supervision over such alien women and girls, receive their declarations,
establish their identity, and ascertain from them who induced them to
leave their native countries, respectively; and it shall be the duty of
said Commissioner of Immigration and Naturalization to receive and keep
on file in his office the statements and declarations which may be made
by such alien women and girls, and those which are hereinafter required
pertaining to such alien women and girls engaged in prostitution or
debauchery in this country, and to furnish receipts for such statements
and declarations provided for in this Act to the persons, respectively,
making and filing them.
(June 25, 1910, ch. 395, 6, 36 Stat. 826; Ex. Ord. No. 6166, 14,
June 10, 1933.)
This Act, referred to in text, is act June 25, 1910, ch. 395, 36
Stat. 825, known as the White Slave Traffic Act, which was classified
to this section and to sections 397 to 404 of former Title 18, Criminal
Code and Criminal Procedure. The act, except for the provision set out
as this section, was repealed by act June 25, 1948, ch. 645, 62 Stat.
683, section 1 of which enacted Title 18, Crimes and Criminal Procedure.
See sections 2421 et seq. of Title 18.
Section was originally classified to section 402(1) of Title 18 prior
to the general revision and enactment of Title 18, Crimes and Criminal
Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Thereafter,
it was classified to section 342l of Title 5 prior to enactment of Title
5, Government Organization and Employees, by Pub. L. 89-554, 1, Sept.
6, 1966, 80 Stat. 378, and was subsequently classified to section 238
of this title prior to transfer to this section.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving United States, were to
have been transferred to Secretary of the Treasury by 1973 Reorg. Plan
No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in
the Appendix to Title 5, Government Organization and Employees. The
transfer was negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar.
16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan
No. 2, eff. July 1, 1973.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by 1950 Reorg. Plan No.
2, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in
the Appendix to Title 5. See sections 509 and 510 of Title 28,
Judiciary and Judicial Procedure.
Ex. Ord. No. 6166, 14, June 10, 1933, set out as a note under section
901 of Title 5, Government Organization and Employees, consolidated the
two formerly separate bureaus known as the Bureau of Immigration and the
Bureau of Naturalization to form the Immigration and Naturalization
Service under a Commissioner of Immigration and Naturalization. See
note set out under section 1551 of this title.
09 USC
TITLE 9 -- ARBITRATION
09 USC TITLE 9 -- ARBITRATION
TITLE 9 -- ARBITRATION
1, 61 Stat. 669
Chap. Sec.
1. General provisions 1
2. Convention on the Recognition and Enforcement of Foreign Arbitral
Awards 201
3. Inter-American Convention on International Commercial Arbitration
301
1990 -- Pub. L. 101-369, 2, Aug. 15, 1990, 104 Stat. 450, added
item for chapter 3.
1970 -- Pub. L. 91-368, 2, July 31, 1970, 84 Stat. 693, added
analysis of chapters.
This title has been made positive law by section 1 of act July 30,
1947, ch. 392, 61 Stat. 669, which provided in part that: ''title 9
of the United States Code, entitled 'Arbitration', is codified and
enacted into positive law and may be cited as '9 U.S.C., -- ' ''.
Section 2 of act July 30, 1947, ch. 392, 61 Stat. 674, provided
that the sections or parts thereof of the Statutes at Large covering
provisions codified in this Act, insofar as such provisions appeared in
former title 9 were repealed and provided that any rights or liabilities
now existing under such repealed sections or parts thereof shall not be
affected by such repeal.
Application of Rules, see rule 81, Title 28, Appendix, Judiciary and
Judicial Procedure.
Arbitration of disputes between carriers and employees, see sections
157 to 159 of Title 45, Railroads.
Convention on the Settlement of Investment Disputes, nonapplication
of title to enforcement of arbitration awards under the Convention, see
section 1650a of Title 22, Foreign Relations and Intercourse.
22 sections 290k-11, 1650a; title 25 section
416a; title 28 section 651; title 29 section 1401;
title 35 sections 135, 294.
09 USC CHAPTER 1 -- GENERAL PROVISIONS
TITLE 9 -- ARBITRATION
Sec.
1. ''Maritime transactions'' and ''commerce'' defined; exceptions
to operation of title.
2. Validity, irrevocability, and enforcement of agreements to
arbitrate.
3. Stay of proceedings where issue therein referable to arbitration.
4. Failure to arbitrate under agreement; petition to United States
court having jurisdiction for order to compel arbitration; notice and
service thereof; hearing and determination.
5. Appointment of arbitrators or umpire.
6. Application heard as motion.
7. Witnesses before arbitrators; fees; compelling attendance.
8. Proceedings begun by libel in admiralty and seizure of vessel or
property.
9. Award of arbitrators; confirmation; jurisdiction; procedure.
10. Same; vacation; grounds; rehearing.
11. Same; modification or correction; grounds; order.
12. Notice of motions to vacate or modify; service; stay of
proceedings.
13. Papers filed with order on motions; judgment; docketing;
force and effect; enforcement.
14. Contracts not affected.
15. Inapplicability of the Act of State doctrine.
16. Appeals.
1990 -- Pub. L. 101-650, title III, 325(a)(2), Dec. 1, 1990, 104
Stat. 5120, added item 15 ''Inapplicability of the Act of State
doctrine'' and redesignated former item 15 ''Appeals'' as 16.
1988 -- Pub. L. 100-702, title X, 1019(b), Nov. 19, 1988, 102 Stat.
4671, added item 15 relating to appeals.
1970 -- Pub. L. 91-368, 3, July 31, 1970, 84 Stat. 693, designated
existing sections 1 through 14 as ''Chapter 1'' and added heading for
Chapter 1.
09 USC 1. ''Maritime transactions'' and ''commerce'' defined;
exceptions to operation of title
TITLE 9 -- ARBITRATION
''Maritime transactions'', as herein defined, means charter parties,
bills of lading of water carriers, agreements relating to wharfage,
supplies furnished vessels or repairs to vessels, collisions, or any
other matters in foreign commerce which, if the subject of controversy,
would be embraced within admiralty jurisdiction; ''commerce'', as
herein defined, means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of
Columbia, or between any such Territory and another, or between any such
Territory and any State or foreign nation, or between the District of
Columbia and any State or Territory or foreign nation, but nothing
herein contained shall apply to contracts of employment of seamen,
railroad employees, or any other class of workers engaged in foreign or
interstate commerce.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 1, 43 Stat. 883.
09 USC 2. Validity, irrevocability, and enforcement of agreements to
arbitrate
TITLE 9 -- ARBITRATION
A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such contract or transaction, or
the refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in equity for
the revocation of any contract.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 2, 43 Stat. 883.
09 USC 3. Stay of proceedings where issue therein referable to
arbitration
TITLE 9 -- ARBITRATION
If any suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under an agreement
in writing for such arbitration, the court in which such suit is
pending, upon being satisfied that the issue involved in such suit or
proceeding is referable to arbitration under such an agreement, shall on
application of one of the parties stay the trial of the action until
such arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in default in
proceeding with such arbitration.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Act Feb. 12, 1925, ch. 213, 3, 43 Stat. 883.
09 USC 4. Failure to arbitrate under agreement; petition to United
States court having jurisdiction for order to compel arbitration;
notice and service thereof; hearing and determination
TITLE 9 -- ARBITRATION
A party aggrieved by the alleged failure, neglect, or refusal of
another to arbitrate under a written agreement for arbitration may
petition any United States district court which, save for such
agreement, would have jurisdiction under title 28, in a civil action or
in admiralty of the subject matter of a suit arising out of the
controversy between the parties, for an order directing that such
arbitration proceed in the manner provided for in such agreement. Five
days' notice in writing of such application shall be served upon the
party in default. Service thereof shall be made in the manner provided
by the Federal Rules of Civil Procedure. The court shall hear the
parties, and upon being satisfied that the making of the agreement for
arbitration or the failure to comply therewith is not in issue, the
court shall make an order directing the parties to proceed to
arbitration in accordance with the terms of the agreement. The hearing
and proceedings, under such agreement, shall be within the district in
which the petition for an order directing such arbitration is filed. If
the making of the arbitration agreement or the failure, neglect, or
refusal to perform the same be in issue, the court shall proceed
summarily to the trial thereof. If no jury trial be demanded by the
party alleged to be in default, or if the matter in dispute is within
admiralty jurisdiction, the court shall hear and determine such issue.
Where such an issue is raised, the party alleged to be in default may,
except in cases of admiralty, on or before the return day of the notice
of application, demand a jury trial of such issue, and upon such demand
the court shall make an order referring the issue or issues to a jury in
the manner provided by the Federal Rules of Civil Procedure, or may
specially call a jury for that purpose. If the jury find that no
agreement in writing for arbitration was made or that there is no
default in proceeding thereunder, the proceeding shall be dismissed. If
the jury find that an agreement for arbitration was made in writing and
that there is a default in proceeding thereunder, the court shall make
an order summarily directing the parties to proceed with the arbitration
in accordance with the terms thereof.
(July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, 19,
68 Stat. 1233.)
Act Feb. 12, 1925, ch. 213, 4, 43 Stat. 883.
Federal Rules of Civil Procedure, referred to in text, are set out in
Appendix to Title 28, Judiciary and Judicial Procedure.
1954 -- Act Sept. 3, 1954, brought section into conformity with
present terms and practice.
Process, see rule 4, Title 28, Appendix, Judiciary and Judicial
Procedure.
Service and filing of pleadings and other papers, see rule 5, Title
28, Appendix.
Trials --
Jury trial of right, see rule 38, Title 28, Appendix.
Trial by jury or by the court, see rule 39, Title 28, Appendix.
09 USC 5. Appointment of arbitrators or umpire
TITLE 9 -- ARBITRATION
If in the agreement provision be made for a method of naming or
appointing an arbitrator or arbitrators or an umpire, such method shall
be followed; but if no method be provided therein, or if a method be
provided and any party thereto shall fail to avail himself of such
method, or if for any other reason there shall be a lapse in the naming
of an arbitrator or arbitrators or umpire, or in filling a vacancy, then
upon the application of either party to the controversy the court shall
designate and appoint an arbitrator or arbitrators or umpire, as the
case may require, who shall act under the said agreement with the same
force and effect as if he or they had been specifically named therein;
and unless otherwise provided in the agreement the arbitration shall be
by a single arbitrator.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Act Feb. 12, 1925, ch. 213, 5, 43 Stat. 884.
09 USC 6. Application heard as motion
TITLE 9 -- ARBITRATION
Any application to the court hereunder shall be made and heard in the
manner provided by law for the making and hearing of motions, except as
otherwise herein expressly provided.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Act Feb. 12, 1925, ch. 213, 6, 43 Stat. 884.
09 USC 7. Witnesses before arbitrators; fees; compelling attendance
TITLE 9 -- ARBITRATION
The arbitrators selected either as prescribed in this title or
otherwise, or a majority of them, may summon in writing any person to
attend before them or any of them as a witness and in a proper case to
bring with him or them any book, record, document, or paper which may be
deemed material as evidence in the case. The fees for such attendance
shall be the same as the fees of witnesses before masters of the United
States courts. Said summons shall issue in the name of the arbitrator
or arbitrators, or a majority of them, and shall be signed by the
arbitrators, or a majority of them, and shall be directed to the said
person and shall be served in the same manner as subpoenas to appear and
testify before the court; if any person or persons so summoned to
testify shall refuse or neglect to obey said summons, upon petition the
United States district court for the district in which such arbitrators,
or a majority of them, are sitting may compel the attendance of such
person or persons before said arbitrator or arbitrators, or punish said
person or persons for contempt in the same manner provided by law for
securing the attendance of witnesses or their punishment for neglect or
refusal to attend in the courts of the United States.
(July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, 14,
65 Stat. 715.)
Act Feb. 12, 1925, ch. 213, 7, 43 Stat. 884.
1951 -- Act Oct. 31, 1951, substituted ''United States district
court for'' for ''United States court in and for'', and ''by law for''
for ''on February 12, 1925, for''.
Subpoena, see rule 45, Title 28, Appendix, Judiciary and Judicial
Procedure.
09 USC 8. Proceedings begun by libel in admiralty and seizure of vessel
or property
TITLE 9 -- ARBITRATION
If the basis of jurisdiction be a cause of action otherwise
justiciable in admiralty, then, notwithstanding anything herein to the
contrary, the party claiming to be aggrieved may begin his proceeding
hereunder by libel and seizure of the vessel or other property of the
other party according to the usual course of admiralty proceedings, and
the court shall then have jurisdiction to direct the parties to proceed
with the arbitration and shall retain jurisdiction to enter its decree
upon the award.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Act Feb. 12, 1925, ch. 213, 8, 43 Stat 884.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Power of Supreme Court to prescribe rules of procedure and evidence
for cases in United States district courts and courts of appeals, see
section 2072 of Title 28, Judiciary and Judicial Procedure.
09 USC 9. Award of arbitrators; confirmation; jurisdiction;
procedure
TITLE 9 -- ARBITRATION
If the parties in their agreement have agreed that a judgment of the
court shall be entered upon the award made pursuant to the arbitration,
and shall specify the court, then at any time within one year after the
award is made any party to the arbitration may apply to the court so
specified for an order confirming the award, and thereupon the court
must grant such an order unless the award is vacated, modified, or
corrected as prescribed in sections 10 and 11 of this title. If no
court is specified in the agreement of the parties, then such
application may be made to the United States court in and for the
district within which such award was made. Notice of the application
shall be served upon the adverse party, and thereupon the court shall
have jurisdiction of such party as though he had appeared generally in
the proceeding. If the adverse party is a resident of the district
within which the award was made, such service shall be made upon the
adverse party or his attorney as prescribed by law for service of notice
of motion in an action in the same court. If the adverse party shall be
a nonresident, then the notice of the application shall be served by the
marshal of any district within which the adverse party may be found in
like manner as other process of the court.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Act Feb. 12, 1925, ch. 213, 9, 43 Stat. 885.
title 41 section 607.
09 USC 10. Same; vacation; grounds; rehearing
TITLE 9 -- ARBITRATION
(a) In any of the following cases the United States court in and for
the district wherein the award was made may make an order vacating the
award upon the application of any party to the arbitration --
(1) Where the award was procured by corruption, fraud, or undue
means.
(2) Where there was evident partiality or corruption in the
arbitrators, or either of them.
(3) Where the arbitrators were guilty of misconduct in refusing to
postpone the hearing, upon sufficient cause shown, or in refusing to
hear evidence pertinent and material to the controversy; or of any
other misbehavior by which the rights of any party have been prejudiced.
(4) Where the arbitrators exceeded their powers, or so imperfectly
executed them that a mutual, final, and definite award upon the subject
matter submitted was not made.
(5) Where an award is vacated and the time within which the agreement
required the award to be made has not expired the court may, in its
discretion, direct a rehearing by the arbitrators.
(b) The United States district court for the district wherein an
award was made that was issued pursuant to section 590 of title 5 may
make an order vacating the award upon the application of a person, other
than a party to the arbitration, who is adversely affected or aggrieved
by the award, if the use of arbitration or the award is clearly
inconsistent with the factors set forth in section 582 of title 5.
(July 30, 1947, ch. 392, 61 Stat. 672; Nov. 15, 1990, Pub. L.
101-552, 5, 104 Stat. 2745.)
For termination of amendment by section 11 of Pub. L. 101-552, see
Termination Date of 1990 Amendment; Savings Provision note below.
Act Feb. 12, 1925, ch. 213, 10, 43 Stat. 885.
1990 -- Pub. L. 101-552 temporarily designated existing provisions
as subsec. (a), in introductory provisions substituted ''In any'' for
''In either'', redesignated former subsecs. (a) to (e) as pars. (1) to
(5), respectively, and added subsec. (b). See Termination Date of 1990
Amendment; Savings Provision note below.
For termination of amendments by Pub. L. 101-552 and authority to
use dispute resolution proceedings on Oct. 1, 1995, except with respect
to certain pending proceedings, see section 11 of Pub. L. 101-552, set
out as a Termination Date; Savings Provision note under section 581 of
Title 5, Government Organization and Employees.
09 USC 11. Same; modification or correction; grounds; order
TITLE 9 -- ARBITRATION
In either of the following cases the United States court in and for
the district wherein the award was made may make an order modifying or
correcting the award upon the application of any party to the
arbitration --
(a) Where there was an evident material miscalculation of figures or
an evident material mistake in the description of any person, thing, or
property referred to in the award.
(b) Where the arbitrators have awarded upon a matter not submitted to
them, unless it is a matter not affecting the merits of the decision
upon the matter submitted.
(c) Where the award is imperfect in matter of form not affecting the
merits of the controversy.
The order may modify and correct the award, so as to effect the
intent thereof and promote justice between the parties.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 11, 43 Stat. 885.
09 USC 12. Notice of motions to vacate or modify; service; stay of
proceedings
TITLE 9 -- ARBITRATION
Notice of a motion to vacate, modify, or correct an award must be
served upon the adverse party or his attorney within three months after
the award is filed or delivered. If the adverse party is a resident of
the district within which the award was made, such service shall be made
upon the adverse party or his attorney as prescribed by law for service
of notice of motion in an action in the same court. If the adverse party
shall be a nonresident then the notice of the application shall be
served by the marshal of any district within which the adverse party may
be found in like manner as other process of the court. For the purposes
of the motion any judge who might make an order to stay the proceedings
in an action brought in the same court may make an order, to be served
with the notice of motion, staying the proceedings of the adverse party
to enforce the award.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 12, 43 Stat. 885.
Service and filing of pleadings and other papers, see rule 5, Title
28, Appendix, Judiciary and Judicial Procedure.
title 41 section 607.
09 USC 13. Papers filed with order on motions; judgment; docketing;
force and effect; enforcement
TITLE 9 -- ARBITRATION
The party moving for an order confirming, modifying, or correcting an
award shall, at the time such order is filed with the clerk for the
entry of judgment thereon, also file the following papers with the
clerk:
(a) The agreement; the selection or appointment, if any, of an
additional arbitrator or umpire; and each written extension of the
time, if any, within which to make the award.
(b) The award.
(c) Each notice, affidavit, or other paper used upon an application
to confirm, modify, or correct the award, and a copy of each order of
the court upon such an application.
The judgment shall be docketed as if it was rendered in an action.
The judgment so entered shall have the same force and effect, in all
respects, as, and be subject to all the provisions of law relating to, a
judgment in an action; and it may be enforced as if it had been
rendered in an action in the court in which it is entered.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Act Feb. 12, 1925, ch. 213, 13, 43 Stat. 886.
Books and records kept by district court clerks and entries therein,
see rule 79, Title 28, Appendix, Judiciary and Judicial Procedure.
Entry of judgment, see rule 58, Title 28, Appendix.
title 41 section 607.
09 USC 14. Contracts not affected
TITLE 9 -- ARBITRATION
This title shall not apply to contracts made prior to January 1,
1926.
(July 30, 1947, ch. 392, 61 Stat. 674.)
Act Feb. 12, 1925, ch. 213, 15, 43 Stat. 886.
Act Feb. 12, 1925, ch. 213, 14, 43 Stat. 886, former provisions of
section 14 of this title relating to ''short title'' is not now covered.
09 USC 15. Inapplicability of the Act of State doctrine
TITLE 9 -- ARBITRATION
Enforcement of arbitral agreements, confirmation of arbitral awards,
and execution upon judgments based on orders confirming such awards
shall not be refused on the basis of the Act of State doctrine.
(Added Pub. L. 100-669, 1, Nov. 16, 1988, 102 Stat. 3969.)
Another section 15 of this title was renumbered section 16 of this
title.
09 USC 16. Appeals
TITLE 9 -- ARBITRATION
(a) An appeal may be taken from --
(1) an order --
(A) refusing a stay of any action under section 3 of this title,
(B) denying a petition under section 4 of this title to order
arbitration to proceed,
(C) denying an application under section 206 of this title to compel
arbitration,
(D) confirming or denying confirmation of an award or partial award,
or
(E) modifying, correcting, or vacating an award;
(2) an interlocutory order granting, continuing, or modifying an
injunction against an arbitration that is subject to this title; or
(3) a final decision with respect to an arbitration that is subject
to this title.
(b) Except as otherwise provided in section 1292(b) of title 28, an
appeal may not be taken from an interlocutory order --
(1) granting a stay of any action under section 3 of this title;
(2) directing arbitration to proceed under section 4 of this title;
(3) compelling arbitration under section 206 of this title; or
(4) refusing to enjoin an arbitration that is subject to this title.
(Added Pub. L. 100-702, title X, 1019(a), Nov. 19, 1988, 102 Stat.
4670, 15; renumbered 16, Pub. L. 101-650, title III, 325(a)(1), Dec.
1, 1990, 104 Stat. 5120.)
1990 -- Pub. L. 101-650 renumbered the second section 15 of this
title as this section.
09 USC CHAPTER 2 -- CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS
TITLE 9 -- ARBITRATION
Sec.
201. Enforcement of Convention
202. Agreement or award falling under the Convention.
203. Jurisdiction; amount in controversy.
204. Venue.
205. Removal of cases from State courts.
206. Order to compel arbitration; appointment of arbitrators.
207. Award of arbitrators; confirmation; jurisdiction;
proceeding.
208. Chapter 1; residual application.
1970 -- Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692, added
heading for chapter 2 and analysis of sections for such chapter.
09 USC 201. Enforcement of Convention
TITLE 9 -- ARBITRATION
The Convention on the Recognition and Enforcement of Foreign Arbitral
Awards of June 10, 1958, shall be enforced in United States courts in
accordance with this chapter.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
Section 4 of Pub. L. 91-368 provided that: ''This Act (enacting
this chapter) shall be effective upon the entry into force of the
Convention on Recognition and Enforcement of Foreign Arbitral Awards
with respect to the United States.'' The Convention was entered into
force for the United States on Dec. 29, 1970.
09 USC 202. Agreement or award falling under the Convention
TITLE 9 -- ARBITRATION
An arbitration agreement or arbitral award arising out of a legal
relationship, whether contractual or not, which is considered as
commercial, including a transaction, contract, or agreement described in
section 2 of this title, falls under the Convention. An agreement or
award arising out of such a relationship which is entirely between
citizens of the United States shall be deemed not to fall under the
Convention unless that relationship involves property located abroad,
envisages performance or enforcement abroad, or has some other
reasonable relation with one or more foreign states. For the purpose of
this section a corporation is a citizen of the United States if it is
incorporated or has its principal place of business in the United
States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 203. Jurisdiction; amount in controversy
TITLE 9 -- ARBITRATION
An action or proceeding falling under the Convention shall be deemed
to arise under the laws and treaties of the United States. The district
courts of the United States (including the courts enumerated in section
460 of title 28) shall have original jurisdiction over such an action or
proceeding, regardless of the amount in controversy.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 204. Venue
TITLE 9 -- ARBITRATION
An action or proceeding over which the district courts have
jurisdiction pursuant to section 203 of this title may be brought in any
such court in which save for the arbitration agreement an action or
proceeding with respect to the controversy between the parties could be
brought, or in such court for the district and division which embraces
the place designated in the agreement as the place of arbitration if
such place is within the United States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 205. Removal of cases from State courts
TITLE 9 -- ARBITRATION
Where the subject matter of an action or proceeding pending in a
State court relates to an arbitration agreement or award falling under
the Convention, the defendant or the defendants may, at any time before
the trial thereof, remove such action or proceeding to the district
court of the United States for the district and division embracing the
place where the action or proceeding is pending. The procedure for
removal of causes otherwise provided by law shall apply, except that the
ground for removal provided in this section need not appear on the face
of the complaint but may be shown in the petition for removal. For the
purposes of Chapter 1 of this title any action or proceeding removed
under this section shall be deemed to have been brought in the district
court to which it is removed.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 692.)
09 USC 206. Order to compel arbitration; appointment of arbitrators
TITLE 9 -- ARBITRATION
A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. Such court may also appoint arbitrators in accordance with the
provisions of the agreement.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC 207. Award of arbitrators; confirmation; jurisdiction;
proceeding
TITLE 9 -- ARBITRATION
Within three years after an arbitral award falling under the
Convention is made, any party to the arbitration may apply to any court
having jurisdiction under this chapter for an order confirming the award
as against any other party to the arbitration. The court shall confirm
the award unless it finds one of the grounds for refusal or deferral of
recognition or enforcement of the award specified in the said
Convention.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC 208. Chapter 1; residual application
TITLE 9 -- ARBITRATION
Chapter 1 applies to actions and proceedings brought under this
chapter to the extent that chapter is not in conflict with this chapter
or the Convention as ratified by the United States.
(Added Pub. L. 91-368, 1, July 31, 1970, 84 Stat. 693.)
09 USC CHAPTER 3 -- INTER-AMERICAN CONVENTION ON INTERNATIONAL
COMMERCIAL ARBITRATION
TITLE 9 -- ARBITRATION
Sec.
301. Enforcement of Convention.
302. Incorporation by reference.
303. Order to compel arbitration; appointment of arbitrators;
locale.
304. Recognition and enforcement of foreign arbitral decisions and
awards; reciprocity.
305. Relationship between the Inter-American Convention and the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
of June 10, 1958.
306. Applicable rules of Inter-American Commercial Arbitration
Commission.
307. Chapter 1; residual application.
09 USC 301. Enforcement of Convention
TITLE 9 -- ARBITRATION
The Inter-American Convention on International Commercial Arbitration
of January 30, 1975, shall be enforced in United States courts in
accordance with this chapter.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
Section 3 of Pub. L. 101-369 provided that: ''This Act (enacting
this chapter) shall take effect upon the entry into force of the
Inter-American Convention on International Commercial Arbitration of
January 30, 1975, with respect to the United States.'' The Convention
was entered into force for the United States on Oct. 27, 1990.
09 USC 302. Incorporation by reference
TITLE 9 -- ARBITRATION
Sections 202, 203, 204, 205, and 207 of this title shall apply to
this chapter as if specifically set forth herein, except that for the
purposes of this chapter ''the Convention'' shall mean the
Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
09 USC 303. Order to compel arbitration; appointment of arbitrators;
locale
TITLE 9 -- ARBITRATION
(a) A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. The court may also appoint arbitrators in accordance with the
provisions of the agreement.
(b) In the event the agreement does not make provision for the place
of arbitration or the appointment of arbitrators, the court shall direct
that the arbitration shall be held and the arbitrators be appointed in
accordance with Article 3 of the Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 448.)
09 USC 304. Recognition and enforcement of foreign arbitral decisions
and awards; reciprocity
TITLE 9 -- ARBITRATION
Arbitral decisions or awards made in the territory of a foreign State
shall, on the basis of reciprocity, be recognized and enforced under
this chapter only if that State has ratified or acceded to the
Inter-American Convention.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 305. Relationship between the Inter-American Convention and the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
of June 10, 1958
TITLE 9 -- ARBITRATION
When the requirements for application of both the Inter-American
Convention and the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of June 10, 1958, are met, determination as to
which Convention applies shall, unless otherwise expressly agreed, be
made as follows:
(1) If a majority of the parties to the arbitration agreement are
citizens of a State or States that have ratified or acceded to the
Inter-American Convention and are member States of the Organization of
American States, the Inter-American Convention shall apply.
(2) In all other cases the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards of June 10, 1958, shall apply.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 306. Applicable rules of Inter-American Commercial Arbitration
Commission
TITLE 9 -- ARBITRATION
(a) For the purposes of this chapter the rules of procedure of the
Inter-American Commercial Arbitration Commission referred to in Article
3 of the Inter-American Convention shall, subject to subsection (b) of
this section, be those rules as promulgated by the Commission on July 1,
1988.
(b) In the event the rules of procedure of the Inter-American
Commercial Arbitration Commission are modified or amended in accordance
with the procedures for amendment of the rules of that Commission, the
Secretary of State, by regulation in accordance with section 553 of
title 5, consistent with the aims and purposes of this Convention, may
prescribe that such modifications or amendments shall be effective for
purposes of this chapter.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
09 USC 307. Chapter 1; residual application
TITLE 9 -- ARBITRATION
Chapter 1 applies to actions and proceedings brought under this
chapter to the extent chapter 1 is not in conflict with this chapter or
the Inter-American Convention as ratified by the United States.
(Added Pub. L. 101-369, 1, Aug. 15, 1990, 104 Stat. 449.)
10 USC
TITLE 10 -- ARMED FORCES
10 USC TITLE 10 -- ARMED FORCES
TITLE 10 -- ARMED FORCES
1, 70A Stat. 1
Subtitle Sec.
A. General Military Law 101
B. Army 3001
C. Navy and Marine Corps 5001
D. Air Force 8001
This title has been enacted into positive law by section 1 of act
Aug. 10, 1956, ch. 1041, 70A Stat. 1, which provided in part that:
''Title 10 of the United States Code, entitled 'Armed Forces', is
revised, codified, and enacted into law, and may be cited as 'Title 10,
United States Code, -- .'''
Section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, repealed
the sections or parts of sections of the Revised Statutes or Statutes at
large covering provisions codified in this act, ''except with respect to
rights and duties that matured, penalties that were incurred, and
proceedings that were begun, before the effective date of this act (Aug.
10, 1956) and except as provided in section 49.''
Section 49 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that:
''(a) In sections 1-48 of this Act (see Tables for classification),
it is the legislative purpose to restate, without substantive change,
the law replaced by those sections on the effective date of this Act
(Aug. 10, 1956). However, laws effective after March 31, 1955, 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 1-48.
''(c) Actions taken and offenses committed under the replaced law
shall be considered to have been taken or committed under the
corresponding provisions of sections 1-48.
''(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) In chapter 47 of title 10, United States Code, enacted by
section 1 of this Act, no inference of a legislative construction is to
be drawn from the part in which any article is placed nor from the
catchlines of the part or the article as set out in that chapter.
''(f) The enactment of this Act does not increase or decrease the pay
or allowances, including retired pay and retainer pay, of any person.
''(g) The enactment of this Act does not affect the status of persons
who, on the effective date of this Act (Aug. 10, 1956), have the status
of warrant officers of the Army Mine Planter Service.''
Section 51 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that chapter 47 of this title takes effect January 1, 1957.
Section 50 of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, provided
that: ''If on the effective date of this Act (Aug. 10, 1956) a
provision of law that is restated in this Act and repealed by section 53
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.''
Legislative Purpose; Repeal of Inconsistent
Provisions; Corresponding Provisions; Savings and
Separability Provisions; Status; Repeals
Section 34 of Pub. L. 85-861 provided that:
''(a) In sections 1-32 of this Act (see Tables for classification),
it is the legislative purpose to restate, without substantive change,
the law replaced by those sections on the effective date of this Act
(Sept. 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.''
Section 35 of Pub. L. 85-861 provided that: ''If on the effective
date of this Act (Sept. 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.''
Section 36 of Pub. L. 85-861 repealed certain laws except with
respect to rights and duties that matured, penalties that were incurred,
and proceedings that were begun, before Sept. 2, 1958.
Inconsistent Provisions Superseded; Corresponding
Provisions
Section 306 of Pub. L. 87-651 provided that:
''(a) Laws becoming effective after January 9, 1962, that are
inconsistent with this Act (enacting sections 124 to 126, 131 to 137,
687, 718, 1168, 1580, 2203 to 2211, 2358, 2634, 2679, 2680, 2681, 2734a,
2734b, 3010 and 8010 of this title, amending sections 141, 280, 674,
802, 1006, 1163, 1201 to 1203, 1211, 1218, 1219, 1334, 1405, 1553, 1554,
2276, 2633, 2672, 2674, 3012, 3034, 3853, 4337, 4621, 5011, 5031, 5081,
5082, 5201, 6033, 6148, 6954, 7230, 8012, 8034, 8352, 8991, 9337 and
9621 of this title, and section 454 of Title 50, War and National
Defense, repealing sections 1220, 4023, 4748, 6157, 9023 and 9748 of
this title, sections 171, 171a, 171a-1, 171c, 171c-2, 171d, 171m-1, 171n
(partial), 171z-1, 172, 172b 172h and 174d of former Title 5, section
471a of Title 14, Coast Guard, sections 224i-2 to 224i-5 of former Title
31, and section 1016 of Title 50, and enacting provisions set out as
notes under this section and sections 125, 687, 1334 and 5034 of this
title) shall be considered as superseding it to the extent of the
inconsistency.
''(b) References made by other laws, regulations and orders to the
laws shall be considered to be made to the corresponding provisions of
this Act.
''(c) Actions taken under the replaced law shall be considered to
have been taken under the corresponding provisions of this Act.
''(d) The enactment of this Act, except section 108 (amending section
1334 of this title), does not increase or decrease the pay or
allowances, including retired and retainer pay, of any person.''
Inconsistent Provisions Superseded; Corresponding
Provisions
Section 74 of Pub. L. 89-718 provided that:
''(a) Laws becoming effective after June 1, 1965, that are
inconsistent with this Act shall be considered as superseding it to the
extent of the inconsistency.
''(b) References made by other laws, regulations, and orders to the
laws restated by this Act shall be considered to be made to the
corresponding provisions of this Act.
''(c) Actions taken under the laws restated by this Act shall be
considered to have been taken under the corresponding provisions of this
Act.''
Legislative Purpose; Repeal of Inconsistent
Provisions; Corresponding Provisions; Savings and
Separability of Provisions
Pub. L. 97-295, 5, Oct. 12, 1982, 96 Stat. 1313, provided that:
''(a) Sections 1-4 of this Act (see Tables for classification)
restate, without substantive change, laws enacted before December 2,
1981, that were replaced by those sections. Those sections may not be
construed as making a substantive change in the laws replaced. Laws
enacted after December 1, 1981, that are inconsistent with this Act
supersede this Act to the extent of the inconsistency.
''(b) A reference to a law replaced by sections 1-4 of this Act,
including a reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this Act.
''(c) An order, rule, or regulation in effect under a law replaced by
sections 1-4 of this Act continues in effect under the corresponding
provision enacted by this Act until repealed, amended, or superseded.
''(d) An action taken or an offense committed under a law replaced by
sections 1-4 of this Act is deemed to have been taken or committed under
the corresponding provision enacted by this Act.
''(e) An inference of a legislative construction is not to be drawn
by reason of the location in the United States Code of a provision
enacted by this Act or by reason of the caption or catchline of the
provision.
''(f) If a provision enacted by this Act is held invalid, all valid
provisions that are severable from the invalid provision remain in
effect. If a provision of this Act is held invalid in any of its
applications, the provision remains valid for all valid applications
that are severable from any of the invalid applications.''
Section 6(a) of Pub. L. 97-295 provided that: ''The repeal of a law
by this Act may not be construed as a legislative inference that the
provision was or was not in effect before its repeal.''
Section 6(b) of Pub. L. 97-295 repealed certain sections or parts of
sections of the Statutes at Large, except for rights and duties that
matured, penalties that were incurred, and proceedings that were begun
before Oct. 12, 1982.
Corresponding Provisions; Savings Provision
Pub. L. 100-370, 4, July 19, 1988, 102 Stat. 856, provided that:
''(a) References to Replaced Laws. -- A reference to a law replaced
by the provisions of title 10, United States Code, enacted by this Act
(see Tables for classification) (including a reference in a regulation,
order, or other law) shall be treated as referring to the corresponding
provision enacted by this Act.
''(b) Savings Provision for Regulations. -- A regulation, rule, or
order in effect under a law replaced by the provisions of title 10,
United States Code, enacted by this Act shall continue in effect under
the corresponding provision enacted by this Act until repealed, amended,
or superseded.
''(c) General Savings Provision. -- An action taken or an offense
committed under a law replaced by the provisions of title 10, United
States Code, enacted by this Act shall be treated as having been taken
or committed under the corresponding provision enacted by this Act.''
Corresponding Provisions; Savings Provision
Pub. L. 101-510, div. A, title XIV, 1481(k), Nov. 5, 1990, 104
Stat. 1709, provided that:
''(1) A reference to a law replaced by the provisions of title 10,
United States Code, enacted by this section (enacting sections 129b,
1056, 2245, 2549, 2550, 2678, and 2732 of this title, amending sections
114, 1584, 1593, 2701, 2734, 2734a, and 2734b of this title, enacting
provisions set out as a note under section 1056 of this title, and
repealing provisions set out as notes under sections 113, 114, 1584,
1593, 2241, and 2701 of this title) (including a reference in a
regulation, order, or other law) shall be treated as referring to the
corresponding provision enacted by this section.
''(2) A regulation, rule, or order in effect under a law replaced by
the provisions of title 10, United States Code, enacted by this section
shall continue in effect under the corresponding provision enacted by
this title until repealed, amended, or superseded.
''(3) An action taken or an offense committed under a law replaced by
the provisions of title 10, United States Code, enacted by this section
shall be treated as having been taken or committed under the
corresponding provision enacted by this title.''
Coast Guard, generally, see Title 14, Coast Guard.
National Guard, generally, see Title 32, National Guard.
Patriotic societies and observances, see section 1 et seq. of Title
36, Patriotic Societies and Observances.
Pay and allowances of the uniformed services, see section 101 et seq.
of Title 37, Pay and Allowances of the Uniformed Services.
President of the United States --
Commander in Chief, see Const. Art. 2, 2, cl. 1.
Delegation of functions, see section 301 et seq., of Title 3, The
President.
Veterans' benefits, see section 101 et seq. of Title 38, Veterans'
Benefits.
10 USC Subtitle A -- General Military Law
TITLE 10 -- ARMED FORCES
10 USC PART I -- ORGANIZATION AND GENERAL MILITARY POWERS
TITLE 10 -- ARMED FORCES
Chap. Sec.
1. Definitions 101
2. Department of Defense 111
3. General Powers and Functions 121
4. Office of the Secretary of Defense 131
5. Joint Chiefs of Staff 151
6. Combatant Commands 161
7. Boards, Councils, and Committees 171
8. Defense Agencies and Department of Defense Field Activities 191
9. Defense Budget Matters 221
11. Reserve Components 261
13. The Militia 311
15. Insurrection 331
17. Arming of American Vessels 351
18. Military Support for Civilian Law Enforcement Agencies 371
20. Humanitarian and Other Assistance 401
21. Department of Defense Intelligence Matters 421
10 USC PART II -- PERSONNEL
TITLE 10 -- ARMED FORCES
31. Enlistments 501
32. Officer Strength and Distribution in Grade 521
33. Original Appointments of Regular Officers in Grades Above
Warrant Officer Grades 531
33A. Appointment, Promotion, and Involuntary Separation and
Retirement for Members on the Warrant Officer Active-Duty List 571
34. Appointments as Reserve Officers 591
35. Temporary Appointments in Officer Grades 601
36. Promotion, Separation, and Involuntary Retirement of Officers on
the Active-Duty List 611
37. General Service Requirements 651
38. Joint Officer Management 661
39. Active Duty 671
40. Leave 701
41. Special Appointments, Assignments, Details, and Duties 711
43. Rank and Command 741
45. The Uniform 771
47. Uniform Code of Military Justice 801
48. Military Correctional Facilities 951
49. Miscellaneous Prohibitions and Penalties 971
51. Reserve Components: Standards and Procedures for Retention and
Promotion 1001
53. Miscellaneous Rights and Benefits 1031
54. Commissary and Exchange Benefits 1061
55. Medical and Dental Care 1071
57. Decorations and Awards 1121
58. Benefits and Services for Members Being Separated or Recently
Separated 1141
59. Separation 1161
60. Separation of Regular Officers for Substandard Performance of
Duty or for Certain Other Reasons 1181
61. Retirement or Separation for Physical Disability 1201
63. Retirement for Age 1251
65. Retirement of Warrant Officers for Length of Service 1293
67. Retired Pay for Non-Regular Service 1331
69. Retired Grade 1370
71. Computation of Retired Pay 1401
73. Annuities Based on Retired or Retainer Pay 1431
74. Department of Defense Military Retirement Fund 1461
75. Death Benefits 1475
77. Posthumous Commissions and Warrants 1521
79. Correction of Military Records 1551
(80. lRepealed.)
81. Civilian Employees 1581
83. Defense Intelligence Agency Civilian Personnel 1601
85. Procurement Management Personnel 1621
87. Defense Acquisition Workforce 1701
10 USC PART III -- TRAINING AND EDUCATION
TITLE 10 -- ARMED FORCES
101. Training Generally 2001
102. Junior Reserve Officers' Training Corps 2031
103. Senior Reserve Officers' Training Corps 2101
104. Uniformed Services University of the Health Sciences 2112
105. Armed Forces Health Professions Financial Assistance Programs
2120
106. Educational Assistance for Members of the Selected Reserve 2131
107. Educational Assistance for Persons Enlisting for Active Duty
2141
108. Department of Defense Schools 2161
109. Educational Loan Repayment Programs 2171
110. Educational Assistance for Members Held as Captives and Their
Dependents 2181
111. Support of Science, Mathematics, and Engineering Education 2191
10 USC PART IV -- SERVICE, SUPPLY, AND PROCUREMENT
TITLE 10 -- ARMED FORCES
131. Planning and Coordination 2201
133. Facilities for Reserve Components 2231
134. Miscellaneous Administrative Provisions 2241
135. Encouragement of Aviation 2271
137. Procurement Generally 2301
138. Cooperative Agreements with NATO Allies and Other Countries
2341
139. Research and Development 2351
141. Miscellaneous Procurement Provisions 2381
142. Procurement Technical Assistance Cooperative Agreement Program
2411
143. Production by Military Agencies 2421
144. Major Defense Acquisition Programs 2430
145. Cataloging and Standardization 2451
146. Contracting for Performance of Civilian Commercial or
Industrial Type Functions 2461
147. Utilities and Services 2481
148. Defense Industrial Base 2501
149. Manufacturing Technology 2511
150. Development of Dual-Use Critical Technologies 2521
152. Issue of Supplies, Services, and Facilities 2540
153. Exchange of Material and Disposal of Obsolete, Surplus, or
Unclaimed Property 2571
155. Acceptance of Gifts and Services 2601
157. Transportation 2631
159. Real Property; Related Personal Property; and Lease of
Non-Excess Property 2661
160. Environmental Restoration 2701
161. Property Records and Report of Theft or Loss of Certain
Property 2721
163. Military Claims 2731
165. Accountability and Responsibility 2771
167. Defense Mapping Agency 2791
169. Military Construction and Military Family Housing 2801
171. Security and Control of Supplies 2891
172. Strategic Environmental Research and Development Program 2901
Pub. L. 102-190, div. A, title X, 1061(a)(26)(C)(ii), Dec. 5, 1991,
105 Stat. 1474, provided that, effective Oct. 1, 1993, this analysis
is amended by striking out the item for chapter 85.
1991 -- Pub. L. 102-190, div. A, title VIII, 821(f), title X,
1002(a)(2), 1061(a)(27)(A), title XI, 1112(b)(2), Dec. 5, 1991, 105
Stat. 1432, 1455, 1474, 1501, substituted ''Defense Budget Matters''
for ''Regular Components'' and inserted ''221'' in item for chapter 9,
substituted ''Original Appointments of Regular Officers in Grades Above
Warrant Officer Grades'' for ''Appointments in Regular Components'' in
item for chapter 33, added item for chapter 33A, substituted
''Manufacturing'' for ''Maufacturing'' in item for chapter 149, added
items for chapters 150 and 152, struck out item for former chapter 150
''Issue to Armed Forces'' and struck out item for former chapter 151
''Issue of Serviceable Material Other Than to Armed Forces''.
Pub. L. 102-25, title VII, 701(e)(1), (2), Apr. 6, 1991, 105 Stat.
114, added item for chapter 85 and in item for chapter 108 inserted
''2161''.
1990 -- Pub. L. 101-510, div. A, title II, 247(a)(2)(B), title V,
502(a)(2), title VIII, 823(b)(1), title IX, 911(b)(3), title XII, 1202(
b), title XVIII, 1801(a)(2), Nov. 5, 1990, 104 Stat. 1523, 1557, 1602,
1626, 1656, 1757, added item for chapter 58, struck out item for chapter
85 ''Procurement Management Personnel'', added item for chapter 87,
substituted ''Department of Defense Schools'' for ''Granting of Advanced
Degrees at Department of Defense Schools'' in item for chapter 108,
substituted ''Support of Science, Mathematics, and Engineering
Education'' for ''National Defense Science and Engineering Graduate
Fellowships'' in item for chapter 111, added item for chapter 149 and
redesignated former item for chapter 149 as item for chapter 150, and
added item for chapter 172.
1989 -- Pub. L. 101-189, div. A, title VIII, 843(d)(2), title IX,
931(e)(2), title XVI, 1622(d)(2), Nov. 29, 1989, 103 Stat. 1517, 1535,
1605, substituted ''Training and Education'' for ''Training'' in item
for part III, added item for chapter 111, and substituted ''Cooperative
Agreements'' for ''Acquisition and Cross-Servicing Agreements'' in item
for chapter 138.
1988 -- Pub. L. 100-456, div. A, title III, 342(a)(2), 344(b)( 2),
title VIII, 821(b)(2), title XI, 1104(b), Sept. 29, 1988, 102 Stat.
1961, 1962, 2016, 2046, substituted ''Support for'' for ''Cooperation
With'' and ''Agencies'' for ''Officials'' in item for chapter 18,
substituted ''Defense Industrial Base'' for ''Buy American
Requirements'' in item for chapter 148, substituted ''Property Records
and Report of Theft or Loss of Certain Property'' for ''Property
Records'' in item for chapter 161, and added item for chapter 171.
Pub. L. 100-370, 1(c)(3), (e)(2), 2(a)(2), 3(a)(2), July 19, 1988,
102 Stat. 841, 845, 854, 855, added items for chapters 54, 134, 146,
and 148.
1987 -- Pub. L. 100-180, div. A, title III, 332(c), title VII,
711(b), Dec. 4, 1987, 101 Stat. 1080, 1111, substituted ''Humanitarian
and Other Assistance'' for ''Humanitarian and Civic Assistance Provided
in Conjunction With Military Operations'' in item for chapter 20 and
''Financial Assistance Programs'' for ''Scholarship Program'' in item
for chapter 105.
Pub. L. 100-26, 7(c)(1), 9(b)(4), Apr. 21, 1987, 101 Stat. 280, 287,
added item for chapter 21, substituted ''Acquisition and Cross-Servicing
Agreements with NATO Allies and Other Countries'' for ''North Atlantic
Treaty Organization Acquisition and Cross-Servicing Agreements'' in item
for chapter 138, substituted ''Major Defense Acquisition Programs'' for
''Oversight of Cost Growth in Major Programs'' and ''2430'' for ''2431''
in item for chapter 144, and substituted ''2721'' for ''2701'' in item
for chapter 161.
1986 -- Pub. L. 99-661, div. A, title III, 333(a)(2), title XIII,
1343(a)(22), Nov. 14, 1986, 100 Stat. 3859, 3994, added item for
chapter 20 and substituted ''2341'' for ''2321'' in item for chapter
138.
Pub. L. 99-499, title II, 211(a)(2), Oct. 17, 1986, 100 Stat. 1725,
added item for chapter 160.
Pub. L. 99-433, title IV, 401(b), title VI, 605, Oct. 1, 1986, 100
Stat. 1030, 1075a, added items for chapters 2, 6, 38, and 144, inserted
''and Functions'' in item for chapter 3, substituted ''Office of the
Secretary of Defense'' for ''Department of Defense'' in item for chapter
4, substituted ''151'' for ''141'' as the section number in the item for
chapter 5, reenacted item for chapter 7 without change, and inserted
''and Department of Defense Field Activities'' in item for chapter 8.
Pub. L. 99-399, title VIII, 806(d)(2), Aug. 27, 1986, 100 Stat.
888, added item for chapter 110.
1985 -- Pub. L. 99-145, title VI, 671(a)(2), title IX, 924(a)(2),
Nov. 8, 1985, 99 Stat. 663, 698, added items for chapters 85 and 109.
1984 -- Pub. L. 98-525, title VII, 705(a)(2), title XII, 1241(a)(
2), Oct. 19, 1984, 98 Stat. 2567, 2606, substituted ''Members of the
Selected Reserve'' for ''Enlisted Members of the Selected Reserve of the
Ready Reserve'' in item for chapter 106 and added item for chapter 142.
1983 -- Pub. L. 98-94, title IX, 925(a)(2), title XII, 1268(15),
Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and
substituted ''or'' for ''and'' in item for chapter 60.
1982 -- Pub. L. 97-295, 1(50)(D), Oct. 12, 1982, 96 Stat. 1300,
added item for chapter 167.
Pub. L. 97-269, title V, 501(b), Sept. 27, 1982, 96 Stat. 1145,
added item for chapter 8.
Pub. L. 97-214, 2(b), July 12, 1982, 96 Stat. 169, added item for
chapter 169.
1981 -- Pub. L. 97-89, title VII, 701(a)(2), Dec. 4, 1981, 95 Stat.
1160, added item for chapter 83.
Pub. L. 97-86, title IX, 905(a)(2), Dec. 1, 1981, 95 Stat. 1116,
added item for chapter 18.
1980 -- Pub. L. 96-513, title V, 501(1), 511(29), (54)(B), (99),
Dec. 12, 1980, 94 Stat. 2907, 2922, 2925, 2929, added item for chapter
32, substituted ''531'' for ''541'' as section number in item for
chapter 33, substituted ''34'' for ''35'' as chapter number of chapter
relating to appointments as reserve officers, added items for chapters
35 and 36, substituted ''Reserve Components: Standards and Procedures
for Retention and Promotion'' for ''Retention of Reserves'' in item for
chapter 51, added item for chapter 60, substituted ''1251'' for ''1255''
as section number in item for chapter 63, substituted ''Retirement of
Warrant Officers'' for ''Retirement'' in item for chapter 65,
substituted ''1370'' for ''1371'' as section number in item for chapter
69, amended item for chapter 73 to read: ''Annuities Based on Retired
or Retainer Pay'', and capitalized ''Assistance'', ''Persons'',
''Enlisting'', ''Active'', and ''Duty'' in item for chapter 107.
Pub. L. 96-450, title IV, 406(b), Oct. 14, 1980, 94 Stat. 1981,
added item for chapter 108.
Pub. L. 96-342, title IX, 901(b), Sept. 8, 1980, 94 Stat. 1114,
added item for chapter 107.
Pub. L. 96-323, 2(b), Aug. 4, 1980, 94 Stat. 1019, added item for
chapter 138.
1977 -- Pub. L. 95-79, title IV, 402(b), July 30, 1977, 91 Stat.
330, added item for chapter 106.
1972 -- Pub. L. 92-426, 2(b), Sept. 21, 1972, 86 Stat. 719, added
items for chapters 104 and 105.
Pub. L. 92-425, 2, Sept. 21, 1972, 86 Stat. 711, amended item for
chapter 73 by inserting ''; Survivor Benefit Plan'' after ''Pay'' which
could not be executed as directed in view of amendment by Pub. L.
87-381. See 1961 Amendment note below.
1968 -- Pub. L. 90-377, 2, July 5, 1968, 82 Stat. 288, added item
for chapter 48.
1967 -- Pub. L. 90-83, 3(2), Sept. 11, 1967, 81 Stat. 220, struck
out item for chapter 80 ''Exemplary Rehabilitation Certificates''.
1966 -- Pub. L. 89-690, 2, Oct. 15, 1966, 80 Stat. 1017, added
item for chapter 80.
1964 -- Pub. L. 88-647, title I, 101(2), title II, 201(2), Oct. 13,
1964, 78 Stat. 1064, 1069, added items for chapters 102 and 103.
1962 -- Pub. L. 87-651, title II, 203, Sept. 7, 1962, 76 Stat.
519, added item for chapter 4.
Pub. L. 87-649, 3(2), Sept. 7, 1962, 76 Stat. 493, added item for
chapter 40.
1961 -- Pub. L. 87-381, 1(2), Oct. 4, 1961, 75 Stat. 810,
substituted ''Retired Serviceman's Family Protection Plan'' for
''Annuities Based on Retired or Retainer Pay'' in item for chapter 73.
1958 -- Pub. L. 85-861, 1(21), (26), (33), 33(a)(4)(B), Sept. 2,
1958, 72 Stat. 1443, 1450, 1455, 1564, substituted ''General Service
Requirements'' for ''Service Requirements for Reserves'' in item for
chapter 37, ''971'' for ''(No present sections)'' in item for chapter
49, ''Medical and Dental Care'' for ''Voting by Members of Armed
Forces'' in item for chapter 55, and struck out ''Care of the Dead'' and
substituted ''1475'' for ''1481'' in item for chapter 75.
10 USC PART I -- ORGANIZATION AND GENERAL MILITARY POWERS
TITLE 10 -- ARMED FORCES
Chap. Sec.
1.
Definitions 101
2.
Department of Defense 111
3.
General Powers and Functions 121
4.
Office of the Secretary of Defense 131
5.
Joint Chiefs of Staff 151
6.
Combatant Commands 161
7.
Boards, Councils, and Committees 171
8.
Defense Agencies and Department of Defense Field Activities 191
9.
Defense Budget Matters 221
11.
Reserve Components 261
13.
The Militia 311
15.
Insurrection 331
17.
Arming of American Vessels 351
18.
Military Support for Civilian Law Enforcement Agencies 371
20.
Humanitarian and Other Assistance 401
21.
Department of Defense Intelligence Matters 421
1991 -- Pub. L. 102-190, div. A, title X, 1002(a)(2), Dec. 5,
1991, 105 Stat. 1455, substituted ''Defense Budget Matters'' for
''Regular Components'' and inserted ''221'' in item for chapter 9.
1988 -- Pub. L. 100-456, div. A, title XI, 1104(b), Sept. 29,
1988, 102 Stat. 2046, substituted ''Support for'' for ''Cooperation
With'' and ''Agencies'' for ''Officials'' in item for chapter 18.
1987 -- Pub. L. 100-180, div. A, title III, 332(c), Dec. 4, 1987,
101 Stat. 1080, substituted ''Humanitarian and Other Assistance'' for
''Humanitarian and Civic Assistance Provided in Conjunction With
Military Operations'' in item for chapter 20.
Pub. L. 100-26, 9(b)(4), Apr. 21, 1987, 101 Stat. 287, added item
for chapter 21.
1986 -- Pub. L. 99-661, div. A, title III, 333(a)(2), Nov. 14,
1986, 100 Stat. 3859, added item for chapter 20.
Pub. L. 99-433, title VI, 605(a), Oct. 1, 1986, 100 Stat. 1075a,
added items for chapters 2 and 6, inserted ''and Functions'' in item for
chapter 3, substituted ''Office of the Secretary of Defense'' for
''Department of Defense'' in item for chapter 4, substituted ''151'' for
''141'' as section number in item for chapter 5, reenacted item for
chapter 7 without change, and inserted ''and Department of Defense Field
activities'' in item for chapter 8.
1982 -- Pub. L. 97-269, title V, 501(b), Sept. 27, 1982, 96 Stat.
1145, added item for chapter 8.
1981 -- Pub. L. 97-86, title IX, 905(a)(2), Dec. 1, 1981, 95 Stat.
1116, added item for chapter 18.
1962 -- Pub. L. 87-651, title II, 203, Sept. 7, 1962, 76 Stat.
519, added item for chapter 4.
10 USC CHAPTER 1 -- DEFINITIONS
TITLE 10 -- ARMED FORCES
Sec.
101. Definitions.
10 USC 101. Definitions
TITLE 10 -- ARMED FORCES
In addition to the definitions in sections 1-5 of title 1, 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) Except as provided in section 101(1) of title 32 for laws
relating to the militia, the National Guard, the Army National Guard of
the United States, and the Air National Guard of the United States, the
term ''Territory'' means any Territory organized after this title is
enacted, so long as it remains a Territory.
(3) The term ''possessions'' includes the Virgin Islands, Guam,
American Samoa, and the guano islands, so long as they remain
possessions, but does not include any Territory or Commonwealth.
(4) The term ''armed forces'' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard.
(5) The term ''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, it
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.
(6) 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.
(7) The term ''military departments'' means the Department of the
Army, the Department of the Navy, and the Department of the Air Force.
(8) 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 Navy;
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force; and
(D) the Secretary of Transportation, with respect to matters
concerning the Coast Guard when it is not operating as a service in the
Navy.
(9) The term ''National Guard'' means the Army National Guard and the
Air National Guard.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) The term ''officer'' means a commissioned or warrant officer.
(15) The term ''commissioned officer'' includes a commissioned
warrant officer.
(16) The term ''warrant officer'' means a person who holds a
commission or warrant in a warrant officer grade.
(17) The term ''enlisted member'' means a person in an enlisted
grade.
(18) 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.
(19) The term ''rank'' means the order of precedence among members of
the armed forces.
(20) 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).
(21) 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.
(22) The term ''active duty'' means full-time duty in the active
military service of the United States. It 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. It does not include
full-time National Guard duty.
(23) 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.
(24) The term ''active service'' means service on active duty or
full-time National Guard duty.
(25) The term ''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.
(26) The term ''supplies'' includes material, equipment, and stores
of all kinds.
(27) The term ''pay'' includes basic pay, special pay, retainer pay,
incentive pay, retired pay, and equivalent pay, but does not include
allowances.
(28) The term ''shall'' is used in an imperative sense.
(29) The term ''may'' is used in a permissive sense. The words ''no
person may * * *'' mean that no person is required, authorized, or
permitted to do the act prescribed.
(30) The term ''includes'' means ''includes but is not limited to''.
(31) 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.
It includes those duties when performed by Reserves in their status
as members of the National Guard.
(32) The term ''spouse'' means husband or wife, as the case may be.
(33) 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.
(34) The term ''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) The term ''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.
((36) Repealed. Pub. L. 96-513, title I, 115(a), Dec. 12, 1980, 94
Stat. 2877.)
(37) 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.
(38) 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.
(39) 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.
(40) 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.
(41) 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).
(42) 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.
(43) 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.
(44) 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.
(45) 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.
(46) 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.
(47) 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 672(a), 673, 673b, 673c,
688, 3500, or 8500 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 3; Sept. 2, 1958, Pub. L.
85-861, 1(1), 33(a)(1), 72 Stat. 1437, 1564; June 25, 1959, Pub. L.
86-70, 6(a), 73 Stat. 142; July 12, 1960, Pub. L. 86-624, 4(a), 74
Stat. 411; Sept. 7, 1962, Pub. L. 87-649, 6(f)(1), 76 Stat. 494; Jan.
2, 1968, Pub. L. 90-235, 7(a)(1), 81 Stat. 762; Oct. 22, 1968, Pub. L.
90-623, 2(1), 82 Stat. 1314; Oct. 13, 1972, Pub. L. 92-492, 1, 86 Stat.
810; Dec. 12, 1980, Pub. L. 96-513, title I, 101, 115(a), title V,
501(2), 94 Stat. 2839, 2877, 2907; July 10, 1981, Pub. L. 97-22, 2( a),
95 Stat. 124; Dec. 1, 1981, Pub. L. 97-86, title IV, 405(b)(1), 95
Stat. 1105; Oct. 19, 1984, Pub. L. 98-525, title IV, 414(a)(1), 98
Stat. 2518; Nov. 8, 1985, Pub. L. 99-145, title V, 514(b)(1), 99 Stat.
628; July 1, 1986, Pub. L. 99-348, title III, 303, 100 Stat. 703; Oct.
1, 1986, Pub. L. 99-433, title III, 302, 100 Stat. 1022; Apr. 21,
1987, Pub. L. 100-26, 7(i), (k)(1), 101 Stat. 282, 283; Dec. 4, 1987,
Pub. L. 100-180, div. A, title XII,
1231(1), (20), 1233(a)(2), 101 Stat. 1160, 1161; Sept. 29, 1988,
Pub. L. 100-456, div. A, title XII, 1234(a)(1), 102 Stat. 2059; Nov.
5, 1990, Pub. L. 101-510, div. A, title XII, 1204, 104 Stat. 1658; Dec.
5, 1991, Pub. L. 102-190, div. A, title VI, 631(a), 105 Stat. 1380.)
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 ''officered'', in 32:4b.
In clauses (11) and (13), only that much of the description of the
composition of the Army National Guard of the United States and the Air
National Guard of the United States is used as is necessary to
distinguish these reserve components, respectively, from the other
reserve components.
In clause (12)(A), the words ''an air force'' are substituted for the
words ''for which Federal responsibility has been vested in the
Secretary of the Air Force or the Department of the Air Force pursuant
to law'', in 10:1835, and for 32:2 (as applicable to Air National
Guard), to make the definition of ''Air National Guard'' parallel with
the definition of ''Army National Guard'', and to make explicit the
intent of Congress, in creating the Air National Guard, that the
organized militia henceforth should consist of three mutually exhaustive
classes comprising the Army, Air, and Naval militia.
In clause (14), the definition of ''officer'' is based on the source
statutes instead of 50:551(5), which excludes warrant officers. The
reference to appointment in 10:1a(b) (2d sentence and 10:1801(b) (2d
sentence), and the words ''commissioned warrant officer'', ''flight
officer'', and ''either permanent or temporary'', in 37:231(c) (1st
sentence), are omitted as surplusage. 5:181-3(b) (1st sentence), 10:1a(
b) (1st sentence), and 10:1801(b) (1st sentence) are omitted as covered
by the definitions in clauses (14) and (16) of the revised section and
by section 3062(c) and section 8062(d) of this title.
In clause (16), the words ''unless otherwise qualified'', ''permanent
or temporary'', and ''in the Army, Navy, Air Force, Marine Corps, or
Coast Guard, including any component thereof'' are omitted as
surplusage. The word ''person'' is substituted for the word
''officer''.
In clause (22), the definition of ''active duty'' is based on the
definition of ''active Federal service'' in the source statute, since it
is believed to be closer to general usage than the definition in 50:
901(b), which excludes active duty for training from the general concept
of active duty.
The words '', other than a commissioned warrant officer,'' are
inserted to reflect 50:1181(1).
(Clause (35).) The word ''original'' is defined to make clear that
when used in relation to an appointment it refers to the member's first
appointment in his current series of appointments and excludes any
appointment made before a lapse in service.
1991 -- Par. (47). Pub. L. 102-190 added par. (47).
1990 -- Par. (46). Pub. L. 101-510 added par. (46).
1988 -- Pars. (3), (10), (12). Pub. L. 100-456 struck out ''the
Canal Zone,'' after ''the Virgin Islands,'' in par. (3) and after
''Puerto Rico,'' in pars. (10) and (12).
1987 -- Par. (1). Pub. L. 100-26, 7(k)(1)(A), inserted ''The term''
after par. designation.
Par. (2). Pub. L. 100-26, 7(1)(k)(B), inserted ''the term'' after
''Air National Guard of the United States,''.
Pub. L. 100-180, 1233(a)(2), amended directory language of Pub. L.
100-26, 7(k)(1)(C), by adding par. (2) to those pars. excepted from
direction that initial letter of first word after open quotation marks
in each par. be made lowercase rather than uppercase.
Pars. (3) to (7). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Pars. (8) to (13). Pub. L. 100-26, 7(k)(1)(A), inserted ''The term''
after par. designation.
Par. (14). Pub. L. 100-180, 1231(1), inserted ''a'' after ''means''.
Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The term'' after par.
designation and struck out uppercase letter of first word after open
quotation marks and substituted lowercase letter.
Pars. (15) to (19). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Par. (20). Pub. L. 100-180, 1231(20), substituted ''The term 'rate''
for '''Rate'' in second sentence.
Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The term'' after par.
designation and struck out uppercase letter of first word after open
quotation marks and substituted lowercase letter.
Pars. (21) to (43). Pub. L. 100-26, 7(k)(1)(A), (C), inserted ''The
term'' after par. designation and struck out uppercase letter of first
word after open quotation marks and substituted lowercase letter.
Pars. (44), (45). Pub. L. 100-26, 7(i)(1), (k)(1)(A), inserted ''The
term'' after par. designation and substituted ''October 1, 1986'' for
''the date of the enactment of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986''.
1986 -- Par. (43). Pub. L. 99-348 added par. (43).
Pars. (44), (45). Pub. L. 99-433 added pars. (44) and (45).
1985 -- Par. (41). Pub. L. 99-145 substituted ''rear admiral (lower
half)'' for ''commodore''.
1984 -- Par. (22). Pub. L. 98-525, 414(a)(1)(A), inserted ''It does
not include full-time National Guard duty.''
Par. (24). Pub. L. 98-525, 414(a)(1)(B), inserted ''or full-time
National Guard duty''.
Par. (42). Pub. L. 98-525, 414(a)(1)(C), added par. (42).
1981 -- Par. (41). Pub. L. 97-86 substituted ''commodore'' for
''commodore admiral''.
Pu