r/title-10-ARMED-FORCES wiki — defined terms

“warrant officers below the promotion zone” applies throughout its chapter

The term “warrant officers below the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who— (A) are eligible for consideration for promotion to the next higher grade; (B) are in the same grade as warrant officers in the promotion zone; and (C) are junior to the junior warrant officer in the promotion zone. (4) The active-duty list referred to in section 573(b) of this title includes the active-duty promotion list established by section 41a 1 of title 14.

“promotion board” applies in that section

the term “promotion board” means a selection board convened by the Secretary of a military department under section 573(a) or 611(a) of this title.

“promotion board” applies in that section

the term “promotion board” means a selection board convened by the Secretary of a military department under section 611(a) of this title .

“promotion eligibility period” applies in that section

the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under section 624(a) of this title to a grade for which appointment is required by section 624(c) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.

“officers above the promotion zone” applies throughout its chapter

The term “officers above the promotion zone” means a group of officers on an active-duty list in the same grade and competitive category who— (A) are eligible for consideration for promotion to the next higher grade; (B) are in the same grade as those officers in the promotion zone for that competitive category; and (C) are senior to the senior officer in the promotion zone for that competitive category.;

“officers below the promotion zone” applies throughout its chapter

The term “officers below the promotion zone” means a group of officers on the active-duty list in the same grade and competitive category who— (A) are eligible for consideration for promotion to the next higher grade; (B) are in the same grade as the officers in the promotion zone for that competitive category; and (C) are junior to the junior officer in the promotion zone for that competitive category.

“promotion zone” applies throughout its chapter

The term “promotion zone” means a promotion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category— (A) who— (i) in the case of officers in grades below colonel, for officers of the Army, Air Force, Marine Corps, and Space Force, or captain, for officers of the Navy, have neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed from a list of officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); or (ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air …

“minimum service obligation” applies in that section

the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service. (c) Appointment of Transferred Officers .— An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title .

“ground combat exclusion policy” applies in that section

the term “ground combat exclusion policy” means the military personnel policies of the Department of Defense and the military departments, as in effect on October 1, 1994 , by which female members of the armed forces are restricted from assignment to units and positions below brigade level whose primary mission is to engage in direct combat on the ground. [(5) Repealed. Pub. L. 114–92, div. A, title V, § 524(a)(2) , Nov. 25, 2015 , 129 Stat.

“service obligation” applies in that section

the term “service obligation” means the period of active duty or, in the case of a member of a reserve component who completed flight training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve required to be served after— (1) completion of undergraduate pilot training, in the case of training as a pilot; (2) completion of undergraduate navigator training, in the case of training as a navigator; or (3) completion of undergraduate training as a naval flight officer, in the case of training as a naval flight officer.

“service obligation” applies in that section

the term “service obligation” means the period of active duty or, in the case of a member of a reserve component who completed cyberspace operations training in an active duty for training status as a member of a reserve component, the period of service in an active status in the Selected Reserve, required to be served after completion of cyberspace operations training.

“joint matters” applies throughout its chapter

the term “joint matters” means matters related to any of the following: (A) The development or achievement of strategic objectives through the synchronization, coordination, and organization of integrated forces in operations conducted across domains, such as land, sea, or air, in space, or in the information environment, including matters relating to any of the following: (i) National military strategy. (ii) Strategic planning and contingency planning. (iii) Command and control, intelligence, fires, movement and maneuver, protection or sustainment of operations under unified command. (iv) National security planning with other departments and agencies of the United States.

“high-demand, low-density military capability” applies in that section

the term “high-demand, low-density military capability” means a combat, combat support or service support capability, unit, system, or occupational specialty that the Secretary of Defense determines has funding, equipment, or personnel levels that are substantially below the levels required to fully meet or sustain actual or expected operational requirements set by regional commanders.

“excess leave” applies in that section

the term “excess leave” means leave accrued by a member in excess of the number of days of leave authorized to be accumulated under subsection (b). (f) A member who is in a missing status, as defined in section 551(2) of title 37 , accumulates leave without regard to the limitations in subsections (b) and (e). Notwithstanding the death of a member while in a missing status, he continues to earn leave through the date— (1) the Secretary concerned receives evidence that the member is dead; or (2) that his death is prescribed or determined under section 555 of title 37 . Leave accumulated while in missing status shall be accounted for separately.

“military medical treatment facility” applies in that section

the term “military medical treatment facility” means a facility described in subsection (b), (c), or (d) of section 1073d of this title .

“academy cadet or midshipman” applies in that section

the term “academy cadet or midshipman” means— (1) a cadet of the United States Military Academy; (2) a midshipman of the United States Naval Academy; (3) a cadet of the United States Air Force Academy; or (4) a cadet of the United States Coast Guard Academy.

“child support” applies in that section

The term “child support” has the meaning given that term in section 459(i) of the Social Security Act ( 42 U.S.C. 659(i) ).

“court” applies in that section

The term “court” has the meaning given that term in section 1408(a) of this title .;

“eligible member” applies in that section

the term “eligible member” means a member of the armed forces on active duty who is eligible for basic educational assistance under chapter 30 of title 38 and who— (1) in the case of an enlisted member, has completed at least one term of enlistment and has reenlisted; and (2) in the case of an officer, has completed the officer’s initial period of obligated service on active duty.

“excess leave status” applies in that section

The term “excess leave status” means leave approved to be used by a member of the armed forces that is unearned leave for which a member is unable to accrue leave credit during the member’s current term of service before the member’s separation.

“unearned leave status” applies in that section

The term “unearned leave status” means leave approved to be used by a member of the armed forces that exceeds the amount of leave credit that has been accrued as a result of the member’s active service and that has not been previously used by the member.;

“religious apparel” applies in that section

the term “religious apparel” means apparel the wearing of which is part of the observance of the religious faith practiced by the member.

“accuser” applies throughout its chapter

The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.;

“cadet” applies throughout its chapter

The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.;

“classified information” applies throughout its chapter

The term “classified information” means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) ).;

“commanding officer” applies throughout its chapter

The term “commanding officer” includes only commissioned officers.;

“covered offense” applies throughout its chapter

The term “covered offense” means— (A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920a (article 120a), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), the standalone offense of child pornography punishable under section 934 (article 134), or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title in each instance in which a formal complaint is made and such formal complaint is substantiated in accordance with …

“judge advocate” applies throughout its chapter

The term “judge advocate” means— (A) an officer of the Judge Advocate General’s Corps of the Army, the Navy, or the Air Force; (B) an officer of the Marine Corps who is designated as a judge advocate; or (C) a commissioned officer of the Coast Guard designated for special duty (law). (14) The term “record”, when used in connection with the proceedings of a court-martial, means— (A) an official written transcript, written summary, or other writing relating to the proceedings; or (B) an official audiotape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.;

“Judge Advocate General” applies throughout its chapter

The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.;

“legal officer” applies throughout its chapter

The term “legal officer” means any commissioned officer of the Navy, Marine Corps, or Coast Guard designated to perform legal duties for a command.;

“midshipman” applies throughout its chapter

The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces.;

“military judge” applies throughout its chapter

The term “military judge” means a judge advocate designated under section 826(c) of this title (article 26(c)) who is detailed under section 826(a) or section 830a of this title (article 26(a) or 30a).;

“military magistrate” applies throughout its chapter

The term “military magistrate” means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).;

“national security” applies throughout its chapter

The term “national security” means the national defense and foreign relations of the United States.;

“officer in charge” applies throughout its chapter

The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.;

“special trial counsel” applies throughout its chapter

The term “special trial counsel” means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title .

“superior commissioned officer” applies throughout its chapter

The term “superior commissioned officer” means a commissioned officer superior in rank or command.;

“victim of an offense under this chapter” applies in that section

the term “victim of an offense under this chapter” means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter. (c) Appointment of Individuals to Assume Rights for Certain Victims .— In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapacitated, or deceased, the legal guardians of the victim or the representatives of the victim’s estate, family members, or any other person designated as suitable by the military judge, may assume the rights of the victim under this section.

“victim” applies in that section

the term “victim” means a person who— (1) is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set forth in a charge or specification being considered; and (2) is named in one of the specifications.

“referral” applies in that section

the term “referral” means the order of a convening authority or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 824a of this title (article 24a), a special trial counsel, that charges and specifications against an accused be tried by a specified court-martial.

“child abuse offense” applies in that section

the term “child abuse offense” means an act that involves abuse of a person who has not attained the age of 16 years and constitutes any of the following offenses: (i) Any offense in violation of section 920, 920a, 920b, 920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130), unless the offense is covered by subsection (a). (ii) Aggravated assault, assault consummated by a battery, or assault with intent to commit specified offenses in violation of section 928 of this title (article 128). (C) In subparagraph (A),

“State” applies in that section

the term “State” includes the District of Columbia and any Commonwealth, territory, or possession of the United States. (5) Deferral while review pending .— In any case in which a court-martial sentences a person to confinement, but in which review of the case under section 867(a)(2) of this title (article 67(a)(2)) is pending, the Secretary concerned may defer further service of the sentence to confinement while that review is pending.

“lesser included offense” applies in that section

the term “lesser included offense” means— (1) an offense that is necessarily included in the offense charged; and (2) any lesser included offense so designated by regulation prescribed by the President. (c) Regulatory Authority .— Any designation of a lesser included offense in a regulation referred to in subsection (b) shall be reasonably included in the greater offense.

“applicant for military service” applies in that section

The term “applicant for military service” means a person who, under regulations prescribed by the Secretary concerned, is an applicant for original enlistment or appointment in the armed forces. (4) Military recruiter .—

“military recruiter” applies in that section

The term “military recruiter” means a person who, under regulations prescribed by the Secretary concerned, has the primary duty to recruit persons for military service. (5) Prohibited sexual activity .—

“prohibited sexual activity” applies in that section

The term “prohibited sexual activity” means, as specified in regulations prescribed by the Secretary concerned, inappropriate physical intimacy under circumstances described in such regulations.

“specially protected junior member of the armed forces” applies in that section

The term “specially protected junior member of the armed forces” means— (A) a member of the armed forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program; (B) a member of the armed forces who is a cadet, a midshipman, an officer candidate, or a student in any other officer qualification program; and (C) a member of the armed forces in any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. (2) Training leadership position .—

“training leadership position” applies in that section

The term “training leadership position” means, with respect to a specially protected junior member of the armed forces, any of the following: (A) Any drill instructor position or other leadership position in a basic training program, an officer candidate school, a reserve officers’ training corps unit, a training program for entry into the armed forces, or any program that, by regulation prescribed by the Secretary concerned, is identified as a training program for initial career qualification. (B) Faculty and staff of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy.

“blood alcohol content limit” applies in that section

The term “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.;

“State” applies in that section

the term “State” includes each of those jurisdictions.

“United States” applies in that section

The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and

“false threat” applies in that section

the term “false threat” means a threat that, at the time the threat is communicated, is known to be false by the person communicating the threat.

“broadcast” applies in that section

The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons. (2) Distribute .—

“distribute” applies in that section

The term “distribute” means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. (3) Intimate visual image .—

“intimate visual image” applies in that section

The term “intimate visual image” means a visual image that depicts a private area of a person. (4) Private area .—

“private area” applies in that section

The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (5) Reasonable expectation of privacy .—

“reasonable expectation of privacy” applies in that section

The term “reasonable expectation of privacy” means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving the person, would not be visible to the public. (6) Sexually explicit conduct .—

“sexually explicit conduct” applies in that section

The term “sexually explicit conduct” means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse. (7) Visual image .—

“visual image” applies in that section

The term “visual image” means the following: (A) Any developed or undeveloped photograph, picture, film, or video. (B) Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format. (C) Any digital or electronic data capable of conversion into a visual image.

“child in utero” applies in that section

the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

“child, who is in utero” applies in that section

the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

“unborn child” applies in that section

the term “unborn child” means a child in utero, and

“consent” applies in that section

The term “consent” means a freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance does not constitute consent. Submission resulting from the use of force, threat of force, or placing another person in fear also does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue does not constitute consent. (B) A sleeping, unconscious, or incompetent person cannot consent.

“force” applies in that section

The term “force” means— (A) the use of a weapon; (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or (C) inflicting physical harm sufficient to coerce or compel submission by the victim. (5) Unlawful force .—

“grievous bodily harm” applies in that section

The term “grievous bodily harm” means serious bodily injury. It includes fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries. It does not include minor injuries such as a black eye or a bloody nose. (4) Force .—

“incapable of consenting” applies in that section

The term “incapable of consenting” means the person is— (A) incapable of appraising the nature of the conduct at issue; or (B) physically incapable of declining participation in, or communicating unwillingess to engage in, the sexual act at issue.

“sexual act” applies in that section

The term “sexual act” means— (A) the penetration, however slight, of the penis into the vulva or anus or mouth; (B) contact between the mouth and the penis, vulva, scrotum, or anus; or (C) the penetration, however slight, of the vulva or penis or anus of another by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. (2) Sexual contact .—

“sexual contact” applies in that section

The term “sexual contact” means touching, or causing another person to touch, either directly or through the clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object. (3) Grievous bodily harm .—

“threatening or placing that other person in fear” applies in that section

The term “threatening or placing that other person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that non-compliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action. (7) Consent .—;

“unlawful force” applies in that section

The term “unlawful force” means an act of force done without legal justification or excuse. (6) Threatening or placing that other person in fear .—

“child” applies in that section

The term “child” means any person who has not attained the age of 16 years. (5) Lewd act .—

“force” applies in that section

The term “force” means— (A) the use of a weapon; (B) the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a child; or (C) inflicting physical harm. In the case of a parent-child or similar relationship, the use or abuse of parental or similar authority is sufficient to constitute the use of force. (3) Threatening or placing that child in fear .—

“lewd act” applies in that section

The term “lewd act” means— (A) any sexual contact with a child; (B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; (C) intentionally communicating indecent language to a child by any means, including via any communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person; or (D) any indecent conduct, intentionally done with or in the presence of a child, including via any communication technology, …

“sexual act” applies in that section

The terms “sexual act” and “sexual contact” have the meanings given those terms in section 920(g) of this title (article 120(g)), except that the term “sexual act” also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (2) Force .—

“sexual contact” applies in that section

The terms “sexual act” and “sexual contact” have the meanings given those terms in section 920(g) of this title (article 120(g)), except that the term “sexual act” also includes the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. (2) Force .—

“threatening or placing that child in fear” applies in that section

The term “threatening or placing that child in fear” means a communication or action that is of sufficient consequence to cause the child to fear that non-compliance will result in the child or another person being subjected to the action contemplated by the communication or action. (4) Child .—

“act of prostitution” applies in that section

The term “act of prostitution” means a sexual act or sexual contact (as defined in section 920(g) of this title (article 120(g))) on account of which anything of value is given to, or received by, any person. (2) Private area .—

“broadcast” applies in that section

The term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons. (5) Distribute .—

“distribute” applies in that section

The term “distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means. (6) Indecent manner .—

“indecent manner” applies in that section

The term “indecent manner” means conduct that amounts to a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire or deprave morals with respect to sexual relations.

“private area” applies in that section

The term “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple. (3) Reasonable expectation of privacy .—

“access device” applies in that section

the term “access device” has the meaning given that term in section 1029 of title 18 .

“computer” applies in that section

The term “computer” has the meaning given that term in section 1030 of title 18 .;

“damage” applies in that section

The term “damage” has the meaning given that term in section 1030 of title 18 .

“Government computer” applies in that section

The term “Government computer” means a computer owned or operated by or on behalf of the United States Government.;

“conduct” applies in that section

The term “conduct” means conduct of any kind, including use of surveillance, the mails, an interactive computer service, an electronic communication service, or an electronic communication system.;

“course of conduct” applies in that section

The term “course of conduct” means— (A) a repeated maintenance of visual or physical proximity to a specific person; (B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person; or (C) a pattern of conduct composed of repeated acts evidencing a continuity of purpose.

“covered individual or organization” applies in that section

The term “covered individual or organization” means any recipient of a communication specified in clauses (i) through (v) of section 1034(b)(1)(B) of this title .;

“Inspector General” applies in that section

The term “Inspector General” has the meaning given that term in section 1034(j) of this title .;

“protected communication” applies in that section

The term “protected communication” means the following: (A) A lawful communication to a Member of Congress or an Inspector General. (B) A communication to a covered individual or organization in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following: (i) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination. (ii) Gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.;

“unlawful discrimination” applies in that section

The term “unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

“crimes and offenses not capital” applies throughout its chapter

the term “crimes and offenses not capital” includes any conduct engaged in outside the United States, as defined in section 5 of title 18 , that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, as defined in section 7 of title 18 .

“alien” applies throughout its chapter

The term “alien” means an individual who is not a citizen of the United States. (2) Classified information .—

“classified information” applies throughout its chapter

The term “classified information” means the following: (A) Any information or material that has been determined by the United States Government pursuant to statute, Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security. (B) Any restricted data, as that term is defined in section 11 y. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) ).

“Geneva Convention Relative to the Treatment of Prisoners of War” applies throughout its chapter

The term “Geneva Convention Relative to the Treatment of Prisoners of War” means the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316). (5) Geneva conventions .—

“Geneva Conventions” applies throughout its chapter

The term “Geneva Conventions” means the international conventions signed at Geneva on August 12, 1949 . (6) Privileged belligerent .—

“hostilities” applies throughout its chapter

The term “hostilities” means any conflict subject to the laws of war.

“national security” applies throughout its chapter

The term “national security” means the national defense and foreign relations of the United States. (9) Hostilities .—

“privileged belligerent” applies throughout its chapter

The term “privileged belligerent” means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War. (7) Unprivileged enemy belligerent .—

“unprivileged enemy belligerent” applies throughout its chapter

The term “unprivileged enemy belligerent” means an individual (other than a privileged belligerent) who— (A) has engaged in hostilities against the United States or its coalition partners; (B) has purposefully and materially supported hostilities against the United States or its coalition partners; or (C) was a part of al Qaeda at the time of the alleged offense under this chapter. (8) National security .—

“oath” applies in that section

the term “oath” includes an affirmation.

“special Government employee” applies in that section

the term “special Government employee” shall include a judge of the Court appointed under paragraph (3). (B) A person appointed as a judge of the Court under paragraph (3) shall be considered to be an officer or employee of the United States with respect to such person’s status as a judge, but only during periods in which such person is performing the duties of such a judge. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall only apply to such a judge during such periods.

“military objective” applies throughout its subchapter

The term “military objective” means combatants and those objects during hostilities which, by their nature, location, purpose, or use, effectively contribute to the war-fighting or war-sustaining capability of an opposing force and whose total or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under the circumstances at the time of an attack.;

“protected person” applies throughout its subchapter

The term “protected person” means any person entitled to protection under one or more of the Geneva Conventions, including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or detention, and military medical or religious personnel.;

“protected property” applies throughout its subchapter

The term “protected property” means any property specifically protected by the law of war, including buildings dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, but only if and to the extent such property is not being used for military purposes or is not otherwise a military objective. The term includes objects properly identified by one of the distinctive emblems of the Geneva Conventions, but does not include civilian property that is a military objective.

“material support or resources” applies in that section

the term “material support or resources” has the meaning given that term in section 2339A(b) of title 18 . (26) Wrongfully aiding the enemy .— Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.

“serious bodily injury” applies in that section

the term “serious bodily injury” means bodily injury which involves— (i) a substantial risk of death; (ii) extreme physical pain; (iii) protracted and obvious disfigurement; or (iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

“severe mental pain or suffering” applies in that section

the term “severe mental pain or suffering” has the meaning given that term in section 2340(2) of title 18 . (12) Cruel or inhuman treatment .— Any person subject to this chapter who subjects another person in their custody or under their physical control, regardless of nationality or physical location, to cruel or inhuman treatment that constitutes a grave breach of common Article 3 of the Geneva Conventions shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct.

“service as a cadet or midshipman” applies in that section

the term “service as a cadet or midshipman” means— (1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or (2) service as a midshipman at the United States Naval Academy.

“State” applies in that section

the term “State” includes the District of Columbia and a territory, possession, or commonwealth of the United States. (c) An officer to whom subsection (b) applies may seek and hold nonpartisan civil office on an independent school board that is located exclusively on a military reservation. (d) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating in the Navy, shall prescribe regulations to implement this section.

“military musical unit” applies in that section

the term “military musical unit” means a band, ensemble, chorus, or similar musical unit of the armed forces.

“civilian officer or employee” applies in that section

The term “civilian officer or employee” means an employee, as such term is defined in section 2105 of title 5 . (b) It shall be unlawful for a member of the armed forces, knowing of the activities or objectives of a particular military labor organization— (1) to join or maintain membership in such organization; or (2) to attempt to enroll any other member of the armed forces as a member of such organization.

“member of the armed forces” applies in that section

The term “member of the armed forces” means (A) a member of the armed forces who is serving on active duty, (B) a member of the National Guard who is serving on full-time National Guard duty, or (C) a member of a Reserve component or the Space Force while performing inactive-duty training.;

“military labor organization” applies in that section

The term “military labor organization” means any organization that engages in or attempts to engage in— (A) negotiating or bargaining with any civilian officer or employee, or with any member of the armed forces, on behalf of members of the armed forces, concerning the terms or conditions of military service of such members in the armed forces; (B) representing individual members of the armed forces before any civilian officer or employee, or any member of the armed forces, in connection with any grievance or complaint of any such member arising out of the terms or conditions of military service of such member in the armed forces; or (C) striking, picketing, marching, demonstrating, or any …

“civilian medical or dental position” applies in that section

The term “civilian medical or dental position” means a position for the performance of health care functions within the Department of Defense held by an employee of the Department or of a contractor of the Department.

“military medical or dental position” applies in that section

The term “military medical or dental position” means a position for the performance of health care functions within the armed forces held by a member of the armed forces.;

“State” applies in that section

the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States.

“burial” applies in that section

the term “burial” includes inurnment.

“annual percentage rate” applies in that section

The term “annual percentage rate” has the same meaning as in section 107 of the Truth and Lending Act ( 15 U.S.C. 1606 ), as implemented by regulations of the Board of Governors of the Federal Reserve System. For purposes of this section, such term includes all fees and charges, including charges and fees for single premium credit insurance and other ancillary products sold in connection with the credit transaction, and such fees and charges shall be included in the calculation of the annual percentage rate. (5) Creditor .—

“consumer credit” applies in that section

The term “consumer credit” has the meaning provided for such term in regulations prescribed under this section, except that such term does not include (A) a residential mortgage, or (B) a loan procured in the course of purchasing a car or other personal property, when that loan is offered for the express purpose of financing the purchase and is secured by the car or personal property procured.

“covered member” applies in that section

The term “covered member” means a member of the armed forces who is— (A) on active duty under a call or order that does not specify a period of 30 days or less; or (B) on active Guard and Reserve Duty. (2) Dependent .— The term “dependent”, with respect to a covered member, means a person described in subparagraph (A), (D), (E), or (I) of section 1072(2) of this title . (3) Interest .—

“creditor” applies in that section

The term “creditor” means a person— (A) who— (i) is engaged in the business of extending consumer credit; and (ii) meets such additional criteria as are specified for such purpose in regulations prescribed under this section; or (B) who is an assignee of a person described in subparagraph (A) with respect to any consumer credit extended. (6) Consumer credit .—

“interest” applies in that section

The term “interest” includes all cost elements associated with the extension of credit, including fees, service charges, renewal charges, credit insurance premiums, any ancillary product sold with any extension of credit to a servicemember or the servicemember’s dependent, as applicable, and any other charge or premium with respect to the extension of consumer credit. (4) Annual percentage rate .—

“covered official of the Department of Defense” applies in that section

The term “covered official of the Department of Defense” means any of the following: (A) A civilian appointed to a position in the Department of Defense by the President, by and with the advice and consent of the Senate. (B) If serving in a key acquisition position (as designated by the Secretary of Defense or the Secretary concerned for purposes of this section), the following: (i) A member of the armed forces in a grade above O–6. (ii) A civilian officer or employee in a Senior Executive Service, Senior-Level, or Scientific or Professional position.;

“Excepted Investment Fund” applies in that section

The term “Excepted Investment Fund” means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.). 1

“covered individual” applies in that section

The term “covered individual” means an individual who has retired or otherwise separated from an active or reserve component of the Armed Forces. (2) Covered post-service employment .—

“covered post-service employment” applies in that section

The term “covered post-service employment” means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to— (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C.

“covered post-service position” applies in that section

The term “covered post-service position” means a position of employment described in paragraph (2).

“dwell time” applies in that section

the term “dwell time” means the time a member of the armed forces or a unit spends at the permanent duty station or home port after returning from a deployment. (B) The Secretary of Defense may modify the definition of dwell time specified in subparagraph (A). If the Secretary establishes a different definition of such term, the Secretary shall transmit the new definition to Congress.;

“one-year high-deployment threshold” applies in that section

The term “one-year high-deployment threshold” means— (i) 220 days; or (ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness.;

“operating tempo” applies in that section

The term “operating tempo” means the rate at which units of the armed forces are involved in all military activities, including contingency operations, exercises, and training deployments.;

“personnel tempo” applies in that section

The term “personnel tempo” means the amount of time members of the armed forces are engaged in their official duties at a location or under circumstances that make it infeasible for a member to spend off-duty time in the housing in which the member resides.

“two-year high-deployment threshold” applies in that section

The term “two-year high-deployment threshold” means— (i) 400 days; or (ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. (3) A member may be deployed, or continued in a deployment, without regard to paragraph (1) if the deployment, or continued deployment, is approved by the Secretary of Defense. The authority of the Secretary under the preceding sentence may only be delegated to a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate.

“financial services” applies in that section

the term “financial services” includes the following: (1) Life insurance, casualty insurance, and other insurance. (2) Investments in securities or financial instruments. (3) Banking, credit, loans, deferred payment plans, and mortgages. (4) Health insurance, budget management, Thrift Savings Plan (TSP), retirement lump sum payments (including rollover options and tax consequences), and Survivor Benefit Plan (SBP).

“indirect reduction” applies in that section

The term “indirect reduction” means subsequent planned reductions or relocations in base operations support services and personnel able to occur due to the direct reductions.;

“military installation” applies in that section

The term “military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

“covered contract” applies in that section

the term “covered contract” means a contract that the Secretary of Defense determines involves military working dogs.

“appropriate Secretary” applies in that section

the term “appropriate Secretary” means— (1) the Secretary of the Army, with respect to matters concerning the Army; (2) 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; (3) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and (4) the Secretary of Defense, with respect to personnel of the Department of Defense. (i) Duration of Authority .— A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2011 .

“dependent” applies in that section

The term “dependent” has the meaning given that term in section 551 of title 37 .;

“Secretary concerned” applies in that section

The term “Secretary concerned” has the meaning given that term in section 101 of that title.

“military welfare society” applies in that section

the term “military welfare society” means the following: (A) Army Emergency Relief. (B) Air Force Aid Society, Inc. (C) Navy-Marine Corps Relief Society. (D) Coast Guard Mutual Assistance. (3) An entity described in this paragraph is an entity that is not operated for profit and is any of the following: (A) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). (B) An entity that regulates international athletic competitions. (C) An entity that accredits service academies and other schools of the armed forces (including regional accrediting agencies).

“Inspector General” applies in that section

The term “Inspector General” means any of the following: (A) The Inspector General of the Department of Defense. (B) The Inspector General of the Department of Homeland Security, in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy. (C) Any officer of the armed forces or employee of the Department of Defense who is assigned or detailed to serve as an Inspector General at any level in the Department of Defense.;

“Member of Congress” applies in that section

The term “Member of Congress” includes any Delegate or Resident Commissioner to Congress.;

“retaliatory investigation” applies in that section

the term “retaliatory investigation” means an investigation requested, directed, initiated, or conducted for the primary purpose of punishing, harassing, or ostracizing a member of the armed forces for making a protected communication. (C) Nothing in this paragraph shall be construed to limit the ability of a commander to consult with a superior in the chain of command, an inspector general, or a judge advocate general on the disposition of a complaint against a member of the armed forces for an allegation of collateral misconduct or for a matter unrelated to a protected communication.

“unlawful discrimination” applies in that section

The term “unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.

“missing status” applies in that section

The term “missing status” has the meaning given that term in section 551(2) of title 37 .;

“Persian Gulf conflict” applies in that section

The term “Persian Gulf conflict” means the period beginning on January 16, 1991 , and ending on the date thereafter prescribed by Presidential proclamation or by law.

“Vietnam conflict” applies in that section

The term “Vietnam conflict” means the period beginning on February 28, 1961 , and ending on May 7, 1975 .;

“dependent” applies in that section

the term “dependent” has the meaning given that term in section 1072 of this title .

“military legal assistance” applies in that section

the term “military legal assistance” includes— (A) legal assistance provided under this section; and (B) legal assistance contemplated by sections 1044a, 1044b, 1044c, 1044d, 1044e, 1565b(a)(1)(A), and 2894(b)(4) of this title. (e) The Secretary concerned shall define “dependent” for the purposes of this section.