§101. Definitions — Inbound Citations
10 U.S.C. § 101
Cited by 170 provisions in release 119-102.
Citations to 10 U.S.C. § 101 as a whole
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(3) in the case of a covered TRICARE-eligible individual who receives pay from the Federal Government or an annuity from the Federal Government due to the death of a member of the uniformed services (as defined in section 101 of title 10), and is not a former spouse of a member of the uniformed services, be withheld from—(B) the annuity paid to such individual; or
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(3) in the case of a covered TRICARE-eligible individual who receives pay from the Federal Government or an annuity from the Federal Government due to the death of a member of the uniformed services (as defined in section 101 of title 10), and is not a former spouse of a member of the uniformed services, be withheld from—(B) the annuity paid to such individual; or
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(A) A national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
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(2) The term “Secretary concerned” has the meaning given that term in section 101 of that title.
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(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
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(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or
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(C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
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(1) Information on voter registration procedures and absentee ballot procedures (including the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff)).1
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(3) Information and assistance, if requested, including access to the Internet where practicable, to update the individual’s voter registration information, including instructions for absent uniformed services voters to change their address by submitting the official post card form prescribed under section 101 of the Uniformed and Overseas Citizens Absentee Voting Act to the appropriate State election official.
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(A) a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))); or
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(iii) Projects that will enhance military installation resilience, as defined in section 101 of this title.
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(2) The Secretary of Defense shall define by regulation what materials are hazardous or toxic materials for the purposes of this section, including specification of the quantity of a material that serves to make it hazardous or toxic for the purposes of this section. The definition shall include materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of that Act (42 U.S.C. 9602) and shall include materials that are of an explosive, flammable, or pyrotechnic nature.
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(2) The terms “environment”, “facility”, “hazardous substance”, “person”, “pollutant or contaminant”, “release”, “removal”, “response”, “disposal”, and “hazardous waste” have the meanings given those terms in section 101 of CERCLA (42 U.S.C. 9601).
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(A) The term “Indian tribe” has the meaning given such term in section 101(36) of CERCLA (42 U.S.C. 9601(36)).
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(2) In this subsection, the term “environmental remedy” has the meaning given the term “remedy” in section 101 of CERCLA (42 U.S.C. 9601).
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(2) The term “remedial action” has the meaning given that term by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(24)).
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(4) The term “military installation resilience” has the meaning given that term in section 101 of this title.
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(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
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(f) In this section, the terms “hazardous substance”, “release”, and “pollutant or contaminant” have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
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(B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10);
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(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying—(A) the sum of—(i) the basic pay of the member’s retired grade or rate, and(ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by(B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.
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(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying—(1) the retired pay base determined under section 1407 of title 10; by(2) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.
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(1) all expenses related to the Coast Guard’s coordination, training, and execution of defense readiness mission activities in the Coast Guard’s capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section);
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(7) The term “law enforcement officer” means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically include members of the National Guard (as defined in section 101 of title 10), members of the organized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.
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(1) the term “Armed Forces” has the meaning given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service of the United States; and
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(1) a member of the armed forces (as defined in section 101 of title 10) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10);
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(1) The term “base closure law” has the meaning given that term in section 101 of title 10.
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(4) the term “armed forces” has the meaning given that term in section 101 of title 10;
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(4) In this subsection, the term “active duty” has the meaning given that term in section 101 of title 10.
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(1) The term “Active Guard and Reserve duty” has the meaning given such term in section 101 of title 10.
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(a) Except as provided in subsection (b), the definitions provided in section 101 of title 10 apply to the provisions of this chapter.
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(26) The term “contingency operation” has the meaning given that term in section 101 of title 10.
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(27) The term “space force active status” has the meaning given that term in section 101 of title 10.
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(28) The term “sustained duty” has the meaning given that term in section 101 of title 10.
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(2) training duty under title 10 or full-time National Guard duty (as defined in section 101 of title 10), performed under orders issued on or after March 13, 2020—(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.
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(4) The term “active service” has the meaning given that term in section 101 of title 10.
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(A) active service or inactive-duty training, as such terms are defined in section 101 of title 10; or
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(7) The term “veteran” also includes, for purposes of home loans, an individual who performed full-time National Guard duty (as that term is defined in section 101 of title 10) for a period—(A) of not less than 90 cumulative days; and(B) that includes 30 consecutive days.
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(A) a member of the Armed Forces of the United States on active duty, as defined in section 101 of title 10; or
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(1) The term “uniformed services” has the meaning given such term in section 101 of title 10.
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(A) The term “Department of Defense” has the meaning the term “department” has under section 101 of title 10.
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(A) is a member of a regular component of the armed forces or a member of the National Guard on full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as those terms are defined in section 101 of title 10); and
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(1) An Emergency Preparedness Agreement under this section shall require that a contractor for a vessel covered by an operating agreement under this chapter shall make commercial transportation resources (including services) available, upon request by the Secretary of Defense during a time of war or national emergency, or whenever the Secretary of Defense determines that it is necessary for national security or contingency operation (as that term is defined in section 101 of title 10, United States Code).
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(1) shall provide that upon request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation (as that term is defined in section 101 of title 10), the program participant shall make available commercial transportation resources (including services) described in subsection (d) to the Secretary of Defense;
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(c) In administering grants under this section, the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined in section 101 of title 10) in the safe operation of such vehicles.
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(4) The term “armed forces” has the meaning given such term by section 101 of title 10.
Citations to §101(a)
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(17) The term “Secretary concerned” has the meaning set forth in section 101(a) of title 10, and, in addition, means—(A) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration;(B) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and(C) the Secretary of State, with respect to matters concerning the Foreign Service.
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(bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or
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(bb) is a member of the uniformed services (as defined in section 101(a) of title 10); or
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(1) The term “major weapon system” has the meaning given in section 101(a) of this title.
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(d) In this section, the term “major weapon system” has the meaning given that term in section 101(a) of this title.
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(3) The term “Presidential designee” means the official designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)).1
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(3) The term “service acquisition executive” has the meaning given that term in section 101(a) of this title.
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(c) In this section, the term “major weapon system” has the meaning given that term in section 101(a) of this title.
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(9) The term “major weapon system” has the meaning provided in section 101(a) of this title.
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(A) reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as such term is defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or
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(C) members of the armed forces (as defined in section 101(a) of title 10); and
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(C) a period of a contingency operation, as defined in section 101(a) of title 10.
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(B) individuals that are part of the acquisition workforce, as defined in section 101(a) of title 10.
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(1) in support of a contingency operation (as defined in section 101(a) of title 10);
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(13) The term “uniformed services” has the meaning given the term in section 101(a) of title 10.
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(A) The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10.
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(3) In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a) of title 10.
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(1) the term “Armed Forces” has the meaning given the term “armed forces” in section 101(a) of title 10;
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(1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) of title 10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and
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(6) if applicable, the branch of the uniformed services (as defined in section 101(a) of title 10) and duty status of applicants for a merchant mariner credential.
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(A) The term “armed forces” has the meaning given that term in section 101(a) of title 10.
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(I) the armed forces (as that term is defined in section 101(a) of title 10); or
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(1) Except for disposals made under the authority of paragraph (3), (4), or (6) of section 98e(a) of this title or under section 98f(a) of this title, no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in section 101(a) of title 10) under section 98h–2(b)(1)(G) of this title.
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(2) Not later than 15 days after making a disposal under paragraph (1), the National Defense Stockpile Manager shall notify the congressional defense committees (as defined in section 101(a) of title 10) of the disposal.
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(7) dispose of materials in the stockpile in accordance with the most recent annual materials plan submitted to the congressional defense committees (as defined in section 101(a) of title 10) under section 98h–2(b)(1)(G) of this title and notify the congressional defense committees of such disposals as required by section 98d(b)(2) of this title.
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(2) notifies the congressional defense committees (as defined in section 101(a) of title 10), in writing, not less than 30 days before making any such loan; and
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(A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10)—(i) as soon as practicable after the establishment of the pilot program under paragraph (1); and(ii) annually thereafter until the termination of the pilot program under paragraph (3).
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(1) Not later than February 15 of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in section 101(a) of title 10) an Annual Operations and Materials Plan that shall include—(A) information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year;(B) information with respect to the acquisition and disposal of materials under this subchapter by barter, during such fiscal year;(C) information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials;(D) information with respect to the research and development activities conducted under section 98g of this title;(E) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year;(F) other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program;(G) an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and planned expenditures from the National Defense Stockpile Transaction Fund and anticipated receipts from disposal of stockpile materials, which shall include—(i) details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period and of anticipated receipts from the proposed disposals of stockpile materials during such period;(ii) details regarding materials development and research projects to be conducted during the fiscal years covered by the report using moneys in the National Defense Stockpile Transaction Fund pursuant to section 98h(b)(2)(G) of this title; and(iii) with respect to each development and research project described in clause (ii), the report shall specify the amount planned to be expended from the National Defense Stockpile Transaction Fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used;(H) any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate; and(I) a summary of the implementation and findings of the pilot program established under section 98e(g)(1) of this title, including—(i) the commercial best practices selected for use under the pilot program;(ii) how the National Defense Stockpile Manager determined which commercial best practices to select;(iii) how the National Defense Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;(iv) the outcome of each use of such practices; and(v) any savings achieved or lessons learned as a result of the use of such practices.
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(E) verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10), including a one-time description of the risks resulting from the inability of the armed services to provide the National Defense Stockpile Manager comprehensive data for all of its required strategic and critical materials; and
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(iii) Not later than 30 days after the date on which the Director appoints a member to the Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10) of such appointment.
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(2) The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10.
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(B) the congressional defense committees (as such term is defined in section 101(a) of title 10);
Citations to §101(a)(4)
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(3) The term “Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10.
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(i) is a member of the armed forces (as such term is defined in section 101(a)(4) of title 10); and
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(ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1).
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(C) In this paragraph, the term “armed forces” has the meaning given that term by section 101(a)(4) of title 10.
Citations to §101(a)(5)
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(1) The term “military spouse” means, with respect to any employer, any individual who is married (within the meaning of section 7703 as of the first date that the employee is employed by the employer) to an individual who is a member of the uniformed services (as defined section 101(a)(5) of title 10, United States Code) serving on active duty. For purposes of this section, an employer may rely on an employee’s certification that such employee’s spouse is a member of the uniformed services if such certification provides the name, rank, and service branch of such spouse.
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(ii) The term “uniformed services” has the meaning given such term by section 101(a)(5) of title 10, United States Code, as in effect on the date of the enactment of this paragraph.
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(1) The term “servicemember” means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10.
Citations to §101(a)(9)
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(2) The term “Secretary concerned” has the meaning provided in section 101(a)(9) of this title and also includes—(A) the Secretary of Defense, with respect to matters concerning the Defense Agencies and Department of Defense Field Activities; and(B) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
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(k) For purposes of this section, the term “Secretary concerned” has the meaning given in section 101(a)(9) in the case of a member of the armed forces.
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(2) In this subsection, the term “Secretary concerned” has the meaning given such term in section 101(a)(9) of title 10, United States Code.
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(A) with respect to a member of the armed forces, has the meaning given that term in section 101(a)(9) of title 10;
Citations to §101(a)(13)
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(B) performs full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in section 101(a)(13) of title 10;
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(c) Notwithstanding a notice previously given under subsection (b), an employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as an emergency essential employee under section 1580 of title 10 shall be insured if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under a policy of insurance under this chapter. An election under the preceding sentence shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
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(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
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(1) An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
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(C) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);
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(iii) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);
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(B) in the case of an employee who is assigned in support of a contingency operation (as defined in section 101(a)(13) of title 10), allowances and any other payments authorized under chapter 59.
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(A) a contingency operation (as that term is defined in section 101(a)(13) of title 10);
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(iii) is for a contingency operation, as defined in section 101(a)(13) of title 10;
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(A) is on active duty (as defined in section 101(d)(1) of title 10) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10; and
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(h) This section does not prohibit a member of the reserve components of the armed forces, or a member of the Space Force, on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10 from receiving from any person that employed such member before the call or order to active duty any payment of any part of the salary or wages that such person would have paid the member if the member’s employment had not been interrupted by such call or order to active duty.
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(D) was a member of a reserve component of the Armed Forces who served on active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) on or after September 11, 2001.
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(2) The term “military operation” means a contingency operation as such term is defined in section 101(a)(13) of title 10.
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(3) The term “military operation” means a contingency operation as such term is defined in section 101(a)(13) of title 10.
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(3) The term “overseas contingency operation” means a military operation outside the United States and its territories and possessions that is a contingency operation (as that term is defined in section 101(a)(13) of title 10).
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(a) In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a “combat zone” for purposes of section 112, or when deployed outside the United States away from the individual’s permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law, at any time during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section or at any time during the period of such contingency operation, or hospitalized as a result of injury received while serving in such an area or operation during such time, the period of service in such area or operation, plus the period of continuous qualified hospitalization attributable to such injury, and the next 180 days thereafter, shall be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual—(1) Whether any of the following acts was performed within the time prescribed therefor:(A) Filing any return of income, estate, gift, employment, or excise tax;(B) Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof;(C) Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court;(D) Allowance of a credit or refund of any tax;(E) Filing a claim for credit or refund of any tax;(F) Bringing suit upon any such claim for credit or refund;(G) Assessment of any tax;(H) Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the United States in respect of any tax;(I) Collection, by the Secretary, by levy or otherwise, of the amount of any liability in respect of any tax;(J) Bringing suit by the United States, or any officer on its behalf, in respect of any liability in respect of any tax or in respect of any erroneous refund; and(K) Any other act required or permitted under the internal revenue laws specified by the Secretary;(2) The amount of any credit or refund; and(3) Any certification of a seriously delinquent tax debt under section 7345.
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(d) In this section, the term “overseas contingency operations” means military operations outside the United States and its territories and possessions that are a contingency operation (as that term is defined in section 101(a)(13) of title 10).
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(1) in support of a contingency operation as defined in section 101(a)(13) of title 10; or
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(2) Nothing in this section shall preclude the Secretary of Defense or the Secretary’s designee from deploying members of the Armed Forces or civilian personnel of the Department of Defense in support of a contingency operation as defined in section 101(a)(13) of title 10.
Citations to §101(a)(13)(B)
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(a) An employee who is absent from a position of employment with the Federal Government in order to perform active duty in the uniformed services pursuant to a call or order to active duty under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10 shall be entitled, while serving on active duty, to receive, for each pay period described in subsection (b), an amount equal to the amount by which—(1) the amount of basic pay which would otherwise have been payable to such employee for such pay period if such employee’s civilian employment with the Government had not been interrupted by that service, exceeds (if at all)(2) the amount of pay and allowances which (as determined under subsection (d))—(B) is allocable to such pay period.
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(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;
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(2) In this subsection, the term “delayed-effective-date active-duty order” means an order to active duty for a period of more than 30 days under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title that provides for active-duty service to begin under such order on a date after the date of the issuance of the order.
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(B) A member of a reserve component who is separated from active duty to which called or ordered under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title if the active duty is active duty for a period of more than 30 days.
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(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under section 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.
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(I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10 on or after September 11, 2001; or
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(B) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10.
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(ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10 or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38) death or disability of the member; and
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(ii) for a period of more than 30 days under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10, if such period begins within one year after the date on which the member was released from previous service on active duty for a period of more than 30 days under a call or order issued under such a provision of law.
Citations to §101(a)(16)
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(4) In this subsection, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
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(d) In this section, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
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(ii) The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
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(1) The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
Citations to §101(a)(17)
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(c) For purposes of this section, the term “base closure law” has the meaning given such term in section 101(a)(17) of title 10.
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(1) The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10.
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(B) The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10.
Citations to §101(a)(18)
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For the definition of the term “acquisition workforce” for the purposes of this part, see section 101(a)(18) of this title.
Citations to §101(a)(20)
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(B) An alien who is lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
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(B) an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
Citations to §101(c)
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(a) One-call fraud alerts
Citations to §101(d)
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(13) “military service” means honorable active service—(A) in the armed forces;(B) in the Regular or Reserve Corps2 of the Public Health Service after June 30, 1960; or(C) as a commissioned officer of the Environmental Science Services Administration after June 30, 1961;and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in section 101(d) of title 10) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after August 1, 1990;
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(31) the term “military service” means honorable active service—(A) in the armed forces;(B) in the commissioned corps of the Public Health Service after June 30, 1960; or(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961;and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in section 101(d) of title 10) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after August 1, 1990;
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(C) officers and noncommissioned officers who are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility and are approved by the Secretary and the institution concerned and who request such employment.
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(2) The authority in paragraph (1) includes authority to award the medal to a member of the Ready Reserve who was not in a duty status defined in section 101(d) of this title when the member distinguished himself by heroism.
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(b) The authority in subsection (a) includes authority to award the medal to a member of the Ready Reserve who was not in a duty status defined in section 101(d) of this title when the member distinguished himself by heroism.
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(2) The authority in paragraph (1) includes authority to award the medal to a member of the Ready Reserve who was not in a duty status defined in section 101(d) of this title when the member distinguished himself by heroism.
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(3) The spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).
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(ii) The term “covered service” means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).
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(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10).
Citations to §101(d)(1)
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(A) has the meaning given that term in section 101(d)(1) of title 10;
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(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.
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(I) on active duty (as defined in section 101(d)(1) of title 10); or
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(I) on, and during the 540-day period beginning immediately after the debtor is released from, a period of active duty (as defined in section 101(d)(1) of title 10) of not less than 90 days; or
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(A) is on active duty (as defined in section 101(d)(1) of title 10) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101(a)(13) of title 10; and
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(1) The term “active duty” has the meaning given such term in section 101(d)(1) of title 10, except that such term does not include active duty for training or attendance at a service school.
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(1) The term “active duty” has the meaning given such term in section 101(d)(1) of title 10, except that such term does not include active duty for training or attendance at a service school.
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(b) Notwithstanding section 1088(d) of this title, in this section, the term “active duty” has the meaning given such term in section 101(d)(1) of title 10, except that such term—(1) does not include active duty for training or attendance at a service school; but(2) includes, in the case of members of the National Guard, active State duty.
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(i) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or
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(ii) is the dependent spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10) and whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10 or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38) death or disability of the member; and
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(i) active duty, as defined in section 101(d)(1) of title 10, and
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(1) The term “active duty” has the meaning given that term in section 101(d)(1) of title 10.
Citations to §101(d)(2)
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(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.
Citations to §101(d)(3)
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(i) the term “active service” has the meaning given that term in section 101(d)(3) of title 10;
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(A) The term “active service” has the meaning given that term in section 101(d)(3) of title 10.
Citations to §101(d)(5)
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(B) includes full-time National Guard duty (as defined in section 101(d)(5) of title 10); and
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(2) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by Federal funds.
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(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.
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(5) The term “qualifying National Guard duty during a war or other military operation or national emergency” means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32 in connection with a war, other military operation, or a national emergency declared by the President and supported by Federal funds.
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(6) The term “qualifying National Guard duty during a war or other military operation or national emergency” means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.
Citations to §101(d)(6)
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(a) The Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by section 101(d)(6) of title 10, pursuant to section 502(f) of this title.
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(2) In addition to the sections referred to in paragraph (1), section 6323(a)(1) of title 5 also does not apply to a person employed under this section who is performing active Guard and Reserve duty (as that term is defined in section 101(d)(6) of title 10).
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(ii) in a reserve component of the service concerned, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10).
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(b) The Secretary concerned shall determine the payment amount under this section as a multiple of a full TSP member’s monthly basic pay. The multiple for a full TSP member who is a member of a regular component, a member of the Space Force on sustained duty, or a member of a reserve component, if the member is performing active Guard and Reserve duty (as defined in section 101(d)(6) of title 10), shall not be less than 2.5 times the member’s monthly basic pay. The multiple for a full TSP member who is a member of a reserve component not performing active Guard or Reserve duty (as so defined) or a member of the Space Force in space force active status not on sustained duty shall not be less than 0.5 times the monthly basic pay to which the member would be entitled if the member were a member of a regular component. The maximum amount the Secretary concerned may pay a member under this section is—(1) in the case of a member of a regular component or a member of the Space Force on sustained duty—(B) at the discretion of the Secretary concerned, the monthly basic pay of the member at 12 years of service multiplied by such number of months (not to exceed 13 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a); and(2) in the case of a member of a reserve component or a member of the Space Force in space force active status and not on sustained duty—(A) the amount of monthly basic pay to which the member would be entitled at 12 years of service if the member were a member of a regular component or a member of the Space Force on sustained duty, respectively, multiplied by 0.5; plus(B) at the discretion of the Secretary concerned, the amount of monthly basic pay described in subparagraph (A) multiplied by such number of months (not to exceed 6 months) as the Secretary concerned shall specify in the agreement of the member under subsection (a).
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(A) This paragraph applies with respect to a member of a reserve component who performs active Guard and Reserve duty (as defined in section 101(d)(6) of title 10).
Citations to §101(d)(6)(A)
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(1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty.
Citations to §101(e)
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(4) The term “military installation resilience” has the meaning given that term in section 101(e)1 of this title.
Citations to §101(e)(1)
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(1) Subject to paragraph (2) of this subsection, an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss in pay, time, or performance or efficiency rating for active duty, inactive-duty training (as defined in section 101 of title 37), funeral honors duty (as described in section 12503 of title 10 and section 115 of title 32), or engaging in field or coast defense training under sections 502–505 of title 32 as a Reserve of the armed forces, a member of the National Guard, or a member of the Space Force in space force active status (as defined in section 101(e)(1) of title 10) and not on sustained duty under section 20105 of title 10. Leave under this subsection accrues for an employee or individual at the rate of 20 days per fiscal year and, to the extent that it is not used in a fiscal year, accumulates for use in the succeeding fiscal year until it totals 20 days at the beginning of a fiscal year.
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(1) is a member of a Reserve component of the Armed Forces, as described in section 10101 of title 10, or the National Guard, as described in section 101 of title 32 or is a member of the Space Force in space force active status (as defined in section 101(e)(1) of title 10) and not on sustained duty under section 20105 of title 10; and
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(A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), by the Secretary concerned under section 206 of title 37 or any other provision of law;
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(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and
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(A) full-time duty in the Armed Forces performed by Reserves, or by members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, for training purposes;
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(A) duty (other than full-time duty) prescribed or authorized for Reserves (including commissioned officers of the Reserve Corps1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), which duty is scheduled in advance by competent authority to begin at a specific time and place; and