Public Law 119-73 (01/23/2026)

10 U.S.C. § 641

Applicability of chapter

Officers in the following categories are not subject to this chapter (other than section 640 and, in the case of warrant officers, section 628):
(1)
Reserve officers—
(A)
section 115(i) of this title on active duty authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under ;
(B)
section 708 of title 32 on active duty under section 7038, 8083, 8084, 9038, 10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 10507, or 12402 of this title or ; or
(C)
on full-time National Guard duty.
(2)
The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, dean, and permanent professors at the United States Air Force Academy, and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy).
(3)
Warrant officers.
(4)
Retired officers on active duty.
(5)
Students at the Uniformed Services University of the Health Sciences.

Pub. L. 96–513, title I, § 10594 Stat. 2866Pub. L. 98–525, title IV, § 414(a)(5)98 Stat. 2519Pub. L. 99–433, title V, § 531(a)(2)100 Stat. 1063Pub. L. 103–337, div. A, title XVI, § 1671(c)(5)108 Stat. 3014Pub. L. 104–106, div. A, title XV, § 1501(c)(6)110 Stat. 498Pub. L. 104–201, div. A, title XII, § 1212(e)110 Stat. 2694Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title V, § 511(a)115 Stat. 1092Pub. L. 108–375, div. A, title IV, § 416(j)118 Stat. 1869Pub. L. 109–364, div. A, title VI, § 621(c)120 Stat. 2255Pub. L. 110–181, div. A, title V, § 508(b)122 Stat. 97Pub. L. 115–91, div. A, title VI, § 618(b)131 Stat. 1426Pub. L. 115–232, div. A, title VIII, § 809(a)132 Stat. 1840(Added , , ; amended , title V, § 527(b), , , 2525; , , ; , , ; , , ; , , ; , title V, § 521], , , 1654A–108; , , ; , title V, § 501(d), , , 1874; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

Pub. L. 103–337, div. A, title XVI108 Stat. 2961Pub. L. 104–106, div. A, title XV, § 1501(a)(1)(A)110 Stat. 495section 620 of this title, §§ 1624, 1691(b)(1), , , 3026, which directed amendment of this section effective , by inserting “(a)” before “Officers in the following” and by adding at the end a new subsec. (b), was amended by , , , and, as so amended, amends instead of this section.

Amendments

Pub. L. 115–2322018—Par. (1)(B). substituted “section 7038, 8083, 8084, 9038,” for “section 3038, 5143, 5144, 8038,”.

Pub. L. 115–91section 329 of title 372017—Par. (6). struck out par. (6) which read as follows: “Officers appointed pursuant to an agreement under .”

Pub. L. 110–1812008—Par. (2). 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.

Pub. L. 109–3642006—Par. (6). added par. (6).

Pub. L. 108–375, § 416(j)2004—Par. (1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1) Reserve officers—

“(A) on active duty for training;

section 708 of title 32“(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 12301(d) of this title“(C) on active duty under in connection with organizing, administering, recruiting, instructing, or training the reserve components;

section 12301(d) of this title“(D) on active duty under , 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;

section 12304 of this title“(F) ordered to active duty under ;

“(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.”

Pub. L. 108–375, § 501(d)Pub. L. 108–375, § 416(j)Par. (1)(F). , 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 . See above.

Pub. L. 107–107section 12301(d) of this title2001—Par. (1)(D). amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “on the reserve active-status list who are on active duty under , other than as provided in subparagraph (C), under a call or order to active duty specifying a period of three years or less;”.

Pub. L. 106–3982000—Par. (1)(D) to (H). added subpar. (D) and redesignated former subpars. (D) to (G) as (E) to (H), respectively.

Pub. L. 104–2011996—Par. (1)(B). inserted “5143, 5144,” after “3038,”.

Pub. L. 104–106 substituted “10502, 10505, 10506(a), 10506(b), 10507” for “10501”.

Pub. L. 103–337, § 1671(c)(5)(A)1994—Par. (1)(B). , substituted “3038, 8038, 10211, 10301 through 10305, 10501, or 12402” for “175, 265, 3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038, or 8496”.

Pub. L. 103–337, § 1671(c)(5)(B)Par. (1)(C). , substituted “12301(d)” for “672(d)”.

Pub. L. 103–337, § 1671(c)(5)(C)Par. (1)(E). , substituted “12304” for “673b”.

Pub. L. 99–4331986—Par. (1)(B). substituted “3021, 3038, 3040, 3496, 5251, 5252, 8021, 8038” for “3015, 3019, 3033, 3496, 5251, 5252, 8019, 8033”.

Pub. L. 98–525, § 527(b)1984—, substituted “(other than section 640 and, in the case of warrant officers, section 628)” for “(other than section 640)” in provisions preceding par. (1).

Pub. L. 98–525, § 414(a)(5)(A)section 672(d) of this titlePar. (1)(C). , struck out “or under section 502 or 503 of title 32” after “”.

Pub. L. 98–525, § 414(a)(5)(B)Par. (1)(G). –(D), added subpar. (G).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2004 Amendment

section 501(d) of Pub. L. 108–375section 501(g) of Pub. L. 108–375section 531 of this titleAmendment by effective on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c)110 Stat. 498Pub. L. 103–337, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, see , set out as a note under .

Effective Date

section 701 of Pub. L. 96–513section 101 of this titleSection effective , but the authority to prescribe regulations under this subchapter effective on , see , set out as an Effective Date of 1980 Amendment note under .

Retroactive Application

Pub. L. 107–107, div. A, title V, § 511(b)115 Stat. 1092

“(1)
section 641(1)(D) of title 10Public Law 106–398114 Stat. 1654 The Secretary of the military department concerned may provide that an officer who was excluded from the active-duty list under , 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 ; A–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 [].
“(2)
section 641(1)(D) of title 10 The Secretary of the military department concerned may provide that a Reserve officer who was placed on the active-duty list on or after , shall be placed on the reserve active-status list if the officer otherwise meets the conditions specified in , United States Code, as amended by subsection (a).”
, , , provided that:

Transition Provisions Under Defense Officer Personnel Management Act

Pub. L. 96–513Pub. L. 96–513Pub. L. 96–513section 611 of this titleFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of and otherwise to allow for an orderly transition to the system of officer personnel management put in place under , see section 601 et seq. of , set out as a note under .