10 U.S.C. § 641
Officers in the following categories are not subject to this chapter (other than section 640 and, in the case of warrant officers, section 628):
10 U.S.C. § 641
EDITORIAL NOTES
CODIFICATION Pub. L. 103-337, div. A, title XVI, §§1624, 1691(b)(1), Oct. 5, 1994, 108 Stat. 2961, 3026, which directed amendment of this section effective Oct. 1, 1996, by inserting "(a)" before "Officers in the following" and by adding at the end a new subsec. (b), was amended by Pub. L. 104-106, div. A, title XV, §1501(a)(1)(A), Feb. 10, 1996, 110 Stat. 495, and, as so amended, amends section 620 of this title instead of this section.
AMENDMENTS2018-Par. (1)(B). Pub. L. 115-232 substituted "section 7038, 8083, 8084, 9038," for "section 3038, 5143, 5144, 8038,". 2017-Par. (6). Pub. L. 115-91 struck out par. (6) which read as follows: "Officers appointed pursuant to an agreement under section 329 of title 37." 2008-Par. (2). Pub. L. 110-181 substituted ",the registrar" for "and the registrar" and inserted ",and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy)" before period at end. 2006-Par. (6). Pub. L. 109-364 added par. (6). 2004-Par. (1). Pub. L. 108-375, §416(j), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "(1) Reserve officers- "(A) on active duty for training;"(B) on active duty under section 3038, 5143, 5144, 8038, 10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 10507, or 12402 of this title or section 708 of title 32;"(C) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components;"(D) on active duty under section 12301(d) of this title, other than as provided under subparagraph (C), if the call or order to active duty, under regulations prescribed by the Secretary concerned, specifies a period of three years or less and continued placement on the reserve active-status list;"(E) on active duty to pursue special work;"(F) ordered to active duty under section 12304 of this title;"(G) on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the Selective Service System; or "(H) on full-time National Guard duty."Par. (1)(F). Pub. L. 108-375, §501(d), which directed substitution of "sections 12302 and 12304" for "section 12304" in subpar. (F), could not be executed because par. (1) did not contain a subpar. (F) subsequent to amendment by Pub. L. 108-375, §416(j) . See above.2001-Par. (1)(D). Pub. L. 107-107 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "on the reserve active-status list who are on active duty under section 12301(d) of this title, other than as provided in subparagraph (C), under a call or order to active duty specifying a period of three years or less;".2000-Par. (1)(D) to (H). Pub. L. 106-398 added subpar. (D) and redesignated former subpars. (D) to (G) as (E) to (H), respectively.1996-Par. (1)(B). Pub. L. 104-201 inserted "5143, 5144," after "3038,". Pub. L. 104-106 substituted "10502, 10505, 10506(a), 10506(b), 10507" for "10501". 1994-Par. (1)(B). Pub. L. 103-337, §1671(c)(5)(A), substituted "3038, 8038, 10211, 10301 through 10305, 10501, or 12402" for "175, 265, 3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038, or 8496". Par. (1)(C). Pub. L. 103-337, §1671(c)(5)(B), substituted "12301(d)" for "672(d)".Par. (1)(E). Pub. L. 103-337, §1671(c)(5)(C), substituted "12304" for "673b". 1986-Par. (1)(B). Pub. L. 99-433 substituted "3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038" for "3015, 3019, 3033, 3496, 5251, 5252, 8019, 8033".1984-Pub. L. 98-525, §527(b), substituted "(other than section 640 and, in the case of warrant officers, section 628)" for "(other than section 640)" in provisions preceding par. (1).Par. (1)(C). Pub. L. 98-525, §414(a)(5)(A), struck out "or under section 502 or 503 of title 32" after "section 672(d) of this title".Par. (1)(G). Pub. L. 98-525, §414(a)(5)(B)-(D), added subpar. (G).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 501(d) of Pub. L. 108-375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108-375, set out as a note under section 531 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-106, div. A, title XV, §1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103-337, as originally enacted.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, set out as a note under section 10001 of this title.
EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
RETROACTIVE APPLICATION Pub. L. 107-107, div. A, title V, §511(b), Dec. 28, 2001, 115 Stat. 1092, provided that:"(1) The Secretary of the military department concerned may provide that an officer who was excluded from the active-duty list under section 641(1)(D) of title 10, United States Code, as amended by section 521 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-108), shall be considered to have been on the active-duty list during the period beginning on the date on which the officer was so excluded and ending on the date of the enactment of this Act [Dec. 28, 2001]."(2) The Secretary of the military department concerned may provide that a Reserve officer who was placed on the active-duty list on or after October 30, 1997, shall be placed on the reserve active-status list if the officer otherwise meets the conditions specified in section 641(1)(D) of title 10, United States Code, as amended by subsection (a)."
TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACTFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-513, set out as a note under section 611 of this title.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) 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.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active-duty list
- The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- officer
- The term "officer" means a commissioned or warrant officer.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.