r/title-10-ARMED-FORCES wiki — defined terms
The statute’s own glossary: every term Title 10 defines, in section order.
“sensitive countries list” applies in that section
The term “sensitive countries list” means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
“Polygraph Review” applies in that section
the term “Polygraph Review” means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.
“significant atomic energy defense intelligence loss” applies in that section
the term “significant atomic energy defense intelligence loss” means any national security or counterintelligence failure or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department that the Secretary considers likely to cause significant harm or damage to the national security interests of the United States.
“covered facility or asset” applies in that section
The term “covered facility or asset” means any facility or asset that is— (A) identified by the Secretary of Energy for purposes of this section; (B) located in the United States (including the territories and possessions of the United States); and (C) (i) owned by or contracted to the National Nuclear Security Administration, including any facility that stores or uses special nuclear material; or (ii) a national security laboratory or nuclear weapons production facility.;
“unmanned aircraft” applies in that section
The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 1 note).
“unmanned aircraft system” applies in that section
The terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 1 note).
“Chief Information Officer” applies in that section
The term “Chief Information Officer” means the Associate Administrator for Information Management and Chief Information Officer of the Administration.;
“contractor” applies in that section
The term “contractor” means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.;
“covered network” applies in that section
The term “covered network” includes any network or information system that accesses, receives, or stores— (A) classified information; or (B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.;
“subcontractor” applies in that section
The term “subcontractor” means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
“Department of Energy defense nuclear facility” applies in that section
the term “Department of Energy defense nuclear facility” means— (1) a production facility or utilization facility (as those terms are defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 )) that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, and the 236 H facility at Savannah River, South Carolina), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982 , pertaining to the naval nuclear …
“Department of Energy” applies in that section
the term “Department of Energy” includes any predecessor agency of the Department of Energy.
“hazardous substance” applies in that section
the term “hazardous substance” includes radioactive waste and mixed radioactive and hazardous waste.
“Department of Energy defense nuclear facility” applies in that section
The term “Department of Energy defense nuclear facility” has the meaning given that term in section 6243(f).;
“Department of Energy employee” applies in that section
The term “Department of Energy employee” means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional defense committees; and (B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.;
“covered facility” applies in that section
The term “covered facility” means— (A) a facility of the nuclear security enterprise; and (B) a facility conducting activities for the defense environmental cleanup program of the Office of Environmental Management of the Department of Energy.;
“covered program” applies in that section
The term “covered program” means— (A) programs of the Administration; and (B) defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
“DOE national security authorization” applies throughout its subchapter
The term “DOE national security authorization” means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security. (2) (A) Except as provided by subparagraph (B),
“minor construction threshold” applies throughout its subchapter
the term “minor construction threshold” means $30,000,000. (B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator— (i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment; (ii) a period of 30 days elapses following the date of such submission; and (iii) publishes the adjusted amount in the Federal Register.
“minor construction project” applies in that section
the term “minor construction project” means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.
“defense environmental cleanup funds” applies in that section
The term “defense environmental cleanup funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.
“program or project” applies in that section
The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.;
“program or project” applies in that section
The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated.;
“weapons activities funds” applies in that section
The term “weapons activities funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.
“threshold” applies in that section
The term “threshold” means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress.;
“total funds available to cost” applies in that section
The term “total funds available to cost” means the sum of— (A) total uncosted obligations from prior fiscal years; (B) current fiscal year obligations; and (C) current fiscal year deobligations.
“acquisition process” applies in that section
The term “acquisition process” means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.;
“appropriate head” applies in that section
The term “appropriate head” means— (A) the Administrator, with respect to capital assets acquisition projects of the Administration; and (B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.;
“capital assets acquisition project” applies in that section
The term “capital assets acquisition project” means a project— (A) the total project cost of which is more than $500,000,000; and (B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.
“covered contract” applies in that section
the term “covered contract” means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy. (d) Effective Date .— Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.
“contractor” applies in that section
the term “contractor” includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional defense committees; and (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.;
“covered item of supply” applies in that section
The term “covered item of supply” means an item— (A) that is purchased for inclusion in a covered system; and (B) the loss of integrity of which could result in a supply chain risk for a covered system.;
“covered procurement” applies in that section
The term “covered procurement” means the following: (A) A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of section 3306 of title 41 , or an evaluation factor, as described in subsection (b)(1) of such section, relating to supply chain risk. (B) The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41 , where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk.
“covered procurement action” applies in that section
The term “covered procurement action” means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following: (A) The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41 for the purpose of reducing supply chain risk in the acquisition of covered systems. (B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
“covered system” applies in that section
The term “covered system” means the following: (A) National security systems (as defined in section 3552(b) of title 44 ) and components of such systems. (B) Nuclear weapons and components of nuclear weapons. (C) Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons. (D) Items associated with the surveillance of the nuclear weapon stockpile. (E) Items associated with the design and development of nonproliferation and counterproliferation programs and systems.;
“special exclusion action” applies in that section
The term “special exclusion action” means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk.;
“supply chain risk” applies in that section
The term “supply chain risk” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply. (g) Termination .— The authority under this section shall terminate on December 31, 2028 .
“laboratory-directed research and development” applies in that section
the term “laboratory-directed research and development” means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.
“plant-directed research and development” applies in that section
the term “plant-directed research and development” means research and development selected by the director of a nuclear weapons production facility. (c) Preparation of Report .— Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program. (d) Criteria Used in Preparation of Report .— Each report shall set forth the criteria utilized by the officials preparing the report in determining whether or not the activities reviewed by such officials support the national security mission of the Department.
“cooperative research and development agreement” applies in that section
The term “cooperative research and development agreement” has the meaning given that term by section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(d) ).;
“dual-use critical technology” applies in that section
The term “dual-use critical technology” means a technology— (A) that is critical to atomic energy defense activities, as determined by the Secretary of Energy; (B) that has military applications and nonmilitary applications; and (C) that is a defense critical technology (as defined in section 4801).;
“other entities” applies in that section
The term “other entities” means— (A) firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or (B) firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following: (i) Institutions of higher education in the United States. (ii) Departments and agencies of the Federal Government other than the Department of Energy. (iii) Agencies of State governments.
“covered nuclear weapons facility” applies in that section
the term “covered nuclear weapons facility” means the following: (1) The Kansas City Plant, Kansas City, Missouri. (2) The Y–12 Plant, Oak Ridge, Tennessee. (3) The Pantex Plant, Amarillo, Texas. (4) The Savannah River Plant, South Carolina. (5) The Nevada Test Site.
“defense nuclear facility” applies in that section
the term “defense nuclear facility” has the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286g ).
“contractor employee” applies in that section
The term “contractor employee” means an employee of a Management and Operating contractor or subcontractor employee at any tier.;
“covered facility” applies in that section
The term “covered facility” means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 ).;
“Management and Operating contractor” applies in that section
The term “Management and Operating contractor” means a management and operating contractor that manages a covered facility.;
“passenger carrier” applies in that section
The term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.
“Army” applies throughout this title
the term “Army” means the Army or Armies referred to in the Constitution of the United States, less that part established by law as the Air Force.
“State” applies in that section
the term “State” includes the several States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, territories and possessions of the United States, and Indian tribes. (f) (1) The Surgeon General serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on all health and medical matters of the Army, including strategic planning and policy development relating to such matters. (2) The Surgeon General serves as the chief medical advisor of the Army to the Director of the Defense Health Agency on matters pertaining to military health readiness requirements and safety of members of the Army.
“programmed force structure” applies in that section
The term “programmed force structure” means the set of units and organizations that exist in the current year and that is planned to exist in each future year under the then-current Future-Years Defense Program.
“programmed manpower structure” applies in that section
The term “programmed manpower structure” means the aggregation of billets describing the full manpower requirements for units and organizations in the programmed force structure.;
“significant change to Army force structure” applies in that section
the term “significant change to Army force structure” means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.
“enlistment” applies throughout its chapter
the term “enlistment” means original enlistment or reenlistment.
“KDSM eligibility period” applies in that section
the term “KDSM eligibility period” means the period beginning on July 28, 1954 , and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. (c) The Secretary of the Army shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.
“required manning spaces” applies in that section
the term “required manning spaces” means the number of personnel spaces for officers, and the number of personnel spaces for enlisted members, that are designated in Army authorization documents as the number required to accomplish the missions of a particular unit or organization. (b) Training Safety Cells .— (1) The Secretary of the Army shall establish and maintain an organizational entity known as a “safety cell” as part of the organizational elements of the Army responsible for conducting each of the three major phases of the Ranger Course.
“cadet strength limit” applies in that section
the term “cadet strength limit” means the authorized maximum strength of the Corps of Cadets of the Academy.
“major project” applies in that section
The term “major project” means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000.
“major United States commercial bank” applies in that section
The term “major United States commercial bank” means a commercial bank that— (A) is an insured bank (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )); (B) is headquartered in the United States; and (C) has net assets in a total amount considered by the Secretary of the Army to qualify the bank as a major bank. (5) Major united states investment management firm .—
“major United States investment management firm” applies in that section
The term “major United States investment management firm” means any broker, dealer, investment adviser, or provider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ) or section 202 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2 )) or a major United States commercial bank that— (A) is headquartered in the United States; and (B) holds for the account of others investment assets in a total amount considered by the Secretary of the Army to qualify the firm as a major investment management firm.
“Academy mixed-funded athletic or recreational extracurricular program” applies in that section
the term “Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Academy to which each of the following applies: (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appropriated funds. (3) The program is supported by a nonappropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization.
“Association” applies in that section
the term “Association” means the Army West Point Athletic Association.
“support services” applies in that section
the term “support services” includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems in conjunction with the leasing or licensing of property. (B) Such term includes— (i) housing for Association personnel on United States Army Garrison, West Point, New York; and (ii) enrollment of dependents of Association personnel in elementary and secondary schools under the same criteria applied to dependents of Federal employees under section 2164(a) of this title , except that educational services provided pursuant to this clause shall be provided on a reimbursable basis.
“Army arsenal” applies in that section
The term “Army arsenal” means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.;
“unutilized and underutilized plant-capacity costs” applies in that section
The term “unutilized and underutilized plant-capacity costs” means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or are used only 20 percent or less of available work days.
“arsenal” applies in that section
the term “arsenal” means a Government-owned, Government-operated defense plant that manufactures large-caliber cannon.
“commercial article” applies in that section
The term “commercial article” means an article that is usable for a nondefense purpose.;
“commercial service” applies in that section
The term “commercial service” means a service that is usable for a nondefense purpose. (3) The term “advance incremental funding”, with respect to a sale of articles or services, means a series of partial payments for the articles or services that includes— (A) one or more partial payments before the commencement of work or the incurring of costs in connection with the production of the articles or the performance of the services, as the case may be; and (B) subsequent progress payments that result in full payment being completed as the required work is being completed.
“Army industrial facility” applies in that section
The term “Army industrial facility” includes an ammunition plant, an arsenal, a depot, and a manufacturing plant.;
“incremental funding” applies in that section
The term “incremental funding” means a series of partial payments that— (A) are made as the work on manufacture or articles is being performed or services are being performed or equipment or facilities are used, as the case may be; and (B) result in full payment being completed as the required work is being completed. (4) The term “full costs”, with respect to articles or services provided under a cooperative arrangement entered into under subsection (a), means the variable costs and the fixed costs that are directly related to the production of the articles or the provision of the services.;
“non-Army entity” applies in that section
The term “non-Army entity” includes the following: (A) A Federal agency (other than the Department of the Army). (B) An entity in industry or commercial sales. (C) A State or political subdivision of a State. (D) An institution of higher education or vocational training institution.;
“variable costs” applies in that section
The term “variable costs” means the costs that are expected to fluctuate directly with the volume of sales or services provided or the use of equipment or facilities.
“ARMS Initiative” applies throughout its chapter
The term “ARMS Initiative” means the Armament Retooling and Manufacturing Support Initiative authorized by this chapter.;
“eligible facility” applies throughout its chapter
The term “eligible facility” means a Government-owned, contractor-operated ammunition manufacturing facility, or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition, of the Department of the Army that is in an active, inactive, layaway, or caretaker status.;
“property management contract” applies throughout its chapter
The term “property management contract” includes facility use contracts, site management contracts, leases, and other agreements entered into under the authority of this chapter.;
“property manager” applies throughout its chapter
The term “property manager” includes any person or entity managing an eligible facility made available under the ARMS Initiative through a property management contract.;
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Army.
“employee of the United States” applies in that section
The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respectively, in sections 2104 and 2105, respectively, of title 5.
“officer of the United States” applies in that section
The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respectively, in sections 2104 and 2105, respectively, of title 5.
“United States Army Military History Institute” applies in that section
The term “United States Army Military History Institute” means the archive for historical records and materials of the Army that the Secretary of the Army designates as the primary archive for such records and materials.;
“eligible organization” applies in that section
the term “eligible organization” means— (1) a unit or other organization of honor guards recognized by the Secretary of the Army as honor guards for a national cemetery; (2) a law enforcement agency; or (3) a local unit of any organization that, as determined by the Secretary of the Army, is a nationally recognized veterans’ organization.
“armor-piercing ammunition” applies in that section
the term “armor-piercing ammunition” means a center-fire cartridge the military designation of which includes the term “armor penetrator” or “armor-piercing”, including a center-fire cartridge designated as armor-piercing incendiary (API) or armor-piercing incendiary-tracer (API–T).
“concession contract” applies in that section
the term “concession contract” means a contract authorized and entered into under this section.
“settle” applies throughout its chapter
the term “settle” means consider, ascertain, adjust, determine, and dispose of a claim, whether by full or partial allowance or by disallowance.
“commissioned officer” applies in that section
The term “commissioned officer” means a member of the naval service serving in a grade above warrant officer, W–1. It includes, unless otherwise specified, a member who holds a permanent enlisted grade or the permanent grade of warrant officer, W–1, and a temporary appointment in a grade above warrant officer, W–1.;
“enlisted member” applies in that section
The term “enlisted member” means a member of the naval service serving in an enlisted grade or rating. It excludes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.;
“Marine Corps” applies in that section
The term “Marine Corps” means the United States Marine Corps. It includes the Regular Marine Corps, the Fleet Marine Corps Reserve, and the Marine Corps Reserve.;
“member of the naval service” applies in that section
The term “member of the naval service” means a person appointed or enlisted in, or inducted or conscripted into, the Navy or the Marine Corps.;
“Navy” applies in that section
The term “Navy” means the United States Navy. It includes the Regular Navy, the Fleet Reserve, and the Navy Reserve.;
“officer” applies in that section
The term “officer” means a member of the naval service serving in a commissioned or warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.;
“officer restricted in the performance of duty” applies in that section
The term “officer restricted in the performance of duty” means an officer of the Navy designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, or an officer of the Marine Corps designated for limited duty. (b) For the purposes of this subtitle, a member of the naval service who holds a temporary appointment in a grade higher than his permanent grade is considered, unless otherwise specified, to be serving in the higher grade.
“warrant officer” applies in that section
The term “warrant officer” means a member of the naval service serving in a warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a warrant officer grade.;
“amphibious warfare ship” applies in that section
the term “amphibious warfare ship” means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD).
“primary mission aircraft inventory” applies in that section
the term “primary mission aircraft inventory” means aircraft assigned to meet the primary aircraft authorization— (i) to a unit for the performance of its wartime mission; (ii) to a training unit for technical and specialized training for crew personnel or leading to aircrew qualification; (iii) to a test unit for testing of the aircraft or its components for purposes of research, development, test, and evaluation, operational test and evaluation, or to support testing programs; or (iv) to meet requirements for missions not otherwise specified in clauses (i) through (iii). (g) A nuclear powered aircraft carrier may not be retired before its first refueling. (h) In this section,
“covered ship” applies in that section
The term “covered ship” means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register. (2) The term “manning fill”, in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating. (3) The term “manning fit”, in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship when compared with the ship manpower document requirement and billets authorized for such skills and experience.;
“surface combatant vessel” applies in that section
The term “surface combatant vessel” means any littoral combat ship (including the LCS–1 and LCS–2 classes), frigate (including the FFG–62 class), destroyer (excluding the DDG–1000 class), or cruiser (including the CG–47 class).
“KDSM eligibility period” applies in that section
the term “KDSM eligibility period” means the period beginning on July 28, 1954 , and ending on such date after the date of the enactment of this section as may be determined by the Secretary of Defense to be appropriate for terminating eligibility for the Korea Defense Service Medal. (c) The Secretary of the Navy shall prescribe service requirements for eligibility for the Korea Defense Service Medal. Those requirements shall not be more stringent than the service requirements for award of the Armed Forces Expeditionary Medal for instances in which the award of that medal is authorized.
“basic training” applies in that section
the term “basic training” means the initial entry training programs of the Navy and Marine Corps that constitute the basic training of new recruits.
“midshipmen strength limit” applies in that section
the term “midshipmen strength limit” means the authorized maximum strength of the Brigade of Midshipmen.
“hazing” applies throughout its chapter
the term “hazing” means any unauthorized assumption of authority by a midshipman whereby another midshipman suffers or is exposed to any cruelty, indignity, humiliation, hardship, or oppression, or the deprivation or abridgement of any right. (b) The Superintendent of the Naval Academy shall prescribe regulations, to be approved by the Secretary of the Navy, to prevent hazing. (c) Hazing is an offense that may be dealt with as an offense against good order and discipline or as a violation of the regulations of the Naval Academy. However, no midshipman may be dismissed for a single act of hazing except by sentence of a court-martial.
“major project” applies in that section
The term “major project” means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000.
“major United States commercial bank” applies in that section
The term “major United States commercial bank” means a commercial bank that— (A) is an insured bank (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )); (B) is headquartered in the United States; and (C) has net assets in a total amount considered by the Secretary of the Navy to qualify the bank as a major bank. (5) Major united states investment management firm .—
“major United States investment management firm” applies in that section
The term “major United States investment management firm” means any broker, dealer, investment adviser, or provider of investment supervisory services (as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ) or section 202 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2 )) or a major United States commercial bank that— (A) is headquartered in the United States; and (B) holds for the account of others investment assets in a total amount considered by the Secretary of the Navy to qualify the firm as a major investment management firm.
“Naval Academy mixed-funded athletic or recreational extracurricular program” applies in that section
the term “Naval Academy mixed-funded athletic or recreational extracurricular program” means an athletic or recreational extracurricular program of the Naval Academy to which each of the following applies: (1) The program is not considered a morale, welfare, or recreation program. (2) The program is supported through appropriated funds. (3) The program is supported by a nonappropriated fund instrumentality. (4) The program is not a private organization and is not operated by a private organization.
“Association” applies in that section
the term “Association” means the Naval Academy Athletic Association.
“covered entity” applies in that section
The term “covered entity” means— (A) an entity incorporated or operating under the laws of any State; or (B) a nonprofit organization.;
“eligible nonprofit organization” applies in that section
The term “eligible nonprofit organization” means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code; and (B) has as its primary purpose the support and operation of the Naval Postgraduate School.;
“partner organization” applies in that section
The term “partner organization” means an eligible nonprofit organization with which the Secretary of the Navy enters into a contract or other agreement under subsection (a).
“civilian member” applies throughout its chapter
the term “civilian member” means a civilian member of the teaching staff of the United States Naval Academy or the United States Naval Postgraduate School. It includes the Provost and Chief Academic Officer, senior professors, professors, associate professors, assistant professors, chief instructors, assistant chief instructors, and instructors. (b) This chapter does not apply to any civilian member who was employed at the Naval Academy or the Postgraduate School on January 16, 1936 , and who did not elect to participate in the benefits provided by the Act of January 16, 1936, ch. 3 ( 49 Stat. 1092 ).
“eligible nonprofit organization” applies in that section
The term “eligible nonprofit organization” means an entity that— (A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy.;
“museum” applies in that section
The term “museum” means the National Museum of the United States Navy, including its facilities and grounds.;
“Navy indicator” applies in that section
The term “Navy indicator” includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term “National Museum of the United States Navy”.;
“partner organization” applies in that section
The term “partner organization” means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection (a) or a lease under subsection (d).
“long-term lease” applies in that section
the term “long-term lease” means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more. (d) Option To Buy .— A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market …
“incidental taking” applies in that section
The term “incidental taking” means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. (4) Military readiness activity .—
“military readiness activity” applies in that section
The term “military readiness activity” has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( 16 U.S.C. 703 note) and includes all training and operations of the armed forces that relate to combat and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use. (5) Optimum sustainable population .—
“optimum sustainable population” applies in that section
The term “optimum sustainable population” means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.
“southern sea otter” applies in that section
The term “southern sea otter” means any member of the subspecies Enhydra lutris nereis. (2) Take .—
“take” applies in that section
The term “take”— (A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), shall have the meaning given such term in that Act; and (B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq.) shall have the meaning given such term in that Act. (3) Incidental taking .—
“short-term work” applies in that section
the term “short-term work” means work that will be for a period of 18 months or less.
“class of naval vessels” applies in that section
The term “class of naval vessels”— (A) means any group of similar undersea or surface craft procured with Shipbuilding and Conversion, Navy or Other Procurement, Navy funds, including manned, unmanned, and optionally-manned craft; and (B) includes— (i) a substantially new class of craft (including craft procured using “new start” procurement); and (ii) a class of craft undergoing a significant incremental change in its existing class (such as a next “flight” of destroyers or next “block” of attack submarines).;
“future-years defense program” applies in that section
The term “future-years defense program” has the meaning given that term in section 221 of this title .;
“Milestone A approval” applies in that section
The term “Milestone A approval” means a decision to enter into technology maturation and risk reduction pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
“major shipbuilding program” applies in that section
The term “major shipbuilding program” means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title . (4) Production readiness review .—
“production readiness review” applies in that section
The term “production readiness review” means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase.
“battle force ship” applies in that section
The term “battle force ship” means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.
“covered vessel” applies in that section
The term “covered vessel” means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy.;
“reusable item” applies in that section
The term “reusable item” means a demilitarized component or a removable portion of a vessel or equipment that the Secretary of the Navy has identified as excess to the needs of the Navy but which has potential resale value on the open market.
“scrap” applies in that section
The term “scrap” means personal property that has no value except for its basic material content.;
“donee” applies in that section
The term “donee” means any entity receiving a vessel pursuant to subsection (a).
“Munitions List” applies in that section
The term “Munitions List” means the United States Munitions List created and controlled under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ).;
“nonprofit entity” applies in that section
The term “nonprofit entity” means any entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.;
“battle force ship” applies in that section
The term “battle force ship” means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.;
“expected service life” applies in that section
The term “expected service life” means the number of years a naval vessel is expected to be in service.
“corrective and preventive maintenance or repair” applies in that section
The term “corrective and preventive maintenance or repair” means— (I) maintenance or repair actions performed as a result of a failure in order to return or restore equipment to acceptable performance levels; and (II) scheduled maintenance or repair actions to prevent or discover functional failures.;
“covered naval vessel” applies in that section
the term “covered naval vessel” means any of the following: (A) A naval vessel. (B) Any other vessel under the jurisdiction of the Secretary of the Navy. (C) A vessel not described in subparagraph (A) or (B) that is operated pursuant to a contract entered into by the Secretary of the Navy and the Maritime Administration or the United States Transportation Command in support of Department of Defense operations.
“facilities maintenance” applies in that section
The term “facilities maintenance” means— (I) the effort required to provide housekeeping services throughout the ship; (II) the effort required to perform coating maintenance and repair to exterior and interior surfaces due to normal environmental conditions; and (III) the effort required to clean mechanical spaces, mission zones, and topside spaces.
“full costs of preparation” applies in that section
the term “full costs of preparation” means the full costs (direct and indirect) incurred by the Navy in preparing an obsolete service craft or an obsolete boat for exchange or sale, including the cost of the following: (1) Towing. (2) Storage. (3) Defueling. (4) Removal and disposal of hazardous wastes. (5) Environmental surveys to determine the presence of regulated materials containing polychlorinated biphenyl (PCB) and, if such materials are found, the removal and disposal of such materials. (6) Other costs related to such preparation.
“low-enriched uranium activities” applies in that section
the term “low-enriched uranium activities” means the following: (1) Planning or carrying out research and development of an advanced naval nuclear fuel system based on low-enriched uranium. (2) Procuring ships that use low-enriched uranium in naval nuclear propulsion reactors.
“future-years defense program” applies in that section
the term “future-years defense program” means the future-years defense program required by section 221 of this title .
“battle force ship” applies in that section
The term “battle force ship” means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.;
“covered event” applies in that section
The term “covered event” means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements.
“covered contract” applies in that section
The term “covered contract” means a prime contract for the construction of a naval vessel funded using amounts appropriated or otherwise made available for Shipbuilding and Conversion, Navy.;
“qualified subcontractor” applies in that section
The term “qualified subcontractor” means a subcontractor that will deliver the vessel or vessels awarded under a covered contract to the Navy.
“battle force ship” applies in that section
The term “battle force ship” means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.;
“delivery” applies in that section
The term “delivery” has the meaning provided for in section 8671 of this title .;
“Senior Technical Authority” applies in that section
The term “Senior Technical Authority” has the meaning provided for in section 8669b of this title .
“covered vessel” applies in that section
The term “covered vessel” means a naval surface vessel that is not propelled or powered by a nuclear reactor.;