§ 101. Definitions

3,385 words·~15 min read·/usc/title-37/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:

(A)The term “United States”, in a geographic sense, means the States and the District of Columbia.

(B)The term “continental United States” means the 48 contiguous States and the District of Columbia.

(2)The term “possessions” includes Guam, American Samoa, and the guano islands.

(3)The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.

(4)The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard.

(5)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 Navy;

(C)the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force;

(D)the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;

(E)the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and

(F)the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.

(6)The term “National Guard” means the Army National Guard and the Air National Guard.

(7)The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—

(A)is a land force;

(B)is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

(C)is organized, armed, and equipped wholly or partly at Federal expense; and

(D)is federally recognized.

(8)The term “Army National Guard of the United States” means the reserve component of the Army all of whose members are members of the Army National Guard.

(9)The term “Air National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—

(A)is an air force;

(B)is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;

(C)is organized, armed, and equipped wholly or partly at Federal expense; and

(D)is federally recognized.

(10)The term “Air National Guard of the United States” means the reserve component of the Air Force all of whose members are members of the Air National Guard.

(11)The term “officer” means commissioned or warrant officer.

(12)The term “commissioned officer” includes a commissioned warrant officer.

(13)The term “warrant officer” means a person who holds a commission or warrant in a warrant officer grade.

(14)The term “enlisted member” means a person in an enlisted grade.

(15)The term “grade” means a step or degree, in a graduated scale of office or rank, that is established and designated as a grade by law or regulation.

(16)The term “rank” means the order of precedence among members of the uniformed services.

(17)The term “rating” means the name (such as “boatswain’s mate”) prescribed for members of a uniformed service in an occupational field; “rate” means the name (such as “chief boatswain’s mate”) prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).

(18)The term “active duty” means full-time duty in the active service of a uniformed service, and includes full-time training duty, annual training duty, full-time National Guard duty, and attendance, while in the active service, at a school designated as a service school by law or by the Secretary concerned.

(19)The term “active duty for a period of more than 30 days” means active duty under a call or order that does not specify a period of 30 days or less.

(20)The term “active service” means service on active duty.

(21)The term “pay” includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.

(22)The term “inactive-duty training” means—

(A)duty prescribed for members of a reserve component, or for members of the Space Force in space force active status not on sustained duty, by the Secretary concerned under section 206 of this title or any other law; and

(B)special additional duties authorized for members of a reserve component, or for members of the Space Force in space force active status not on sustained duty, 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 includes those duties when performed by members of a reserve component in their status as members of the National Guard, but (except as provided in section 206(d)(2) of this title) does not include work or study in connection with a correspondence course of a uniformed service.

(23)The term “member” means a person appointed or enlisted in, or conscripted into, a uniformed service.

(24)The term “reserve component” means—

(A)the Army National Guard of the United States;

(B)the Army Reserve;

(C)the Navy Reserve;

(D)the Marine Corps Reserve;

(E)the Air National Guard of the United States;

(F)the Air Force Reserve;

(G)the Coast Guard Reserve; or

(H)the Reserve Corps 1 of the Public Health Service.

(25)The term “regular compensation” or “regular military compensation (RMC)” means the total of the following elements that a member of a uniformed service accrues or receives, directly or indirectly, in cash or in kind every payday: basic pay, basic allowance for housing, basic allowance for subsistence; and Federal tax advantage accruing to the aforementioned allowances because they are not subject to Federal income tax.

(26)The term “contingency operation” has the meaning given that term in section 101 of title 10.

(27)The term “space force active status” has the meaning given that term in section 101 of title 10.

(28)The term “sustained duty” has the meaning given that term in section 101 of title 10.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 451; Pub. L. 89–718, § 49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92–492, § 3, Oct. 13, 1972, 86 Stat. 810; Pub. L. 93–419, § 1, Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–513, title V, §§ 506(1), 516(1), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 96–579, § 11, Dec. 23, 1980, 94 Stat. 3368; Pub. L. 96–600, § 3(b), Dec. 24, 1980, 94 Stat. 3494; Pub. L. 98–525, title IV, § 414(c), Oct. 19, 1984, 98 Stat. 2520;

Pub. L. 100–26, § 8(e)(1), Apr. 21, 1987, 101 Stat. 286; Pub. L. 100–456, div. A, title XII, § 1233(f)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 102–190, div. A, title VI, § 631(b), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102–484, div. A, title X, § 1051(b)(2), Oct. 23, 1992, 106 Stat. 2498; Pub. L. 103–160, div. A, title XI, § 1182(c)(1), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 105–85, div. A, title VI, § 603(d)(1)(A), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 105–261, div. A, title VI, § 651, Oct. 17, 1998, 112 Stat. 2051;

Pub. L. 107–107, div. A, title VI, § 603(b), Dec. 28, 2001, 115 Stat. 1133; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, § 654(a), Dec. 2, 2002, 116 Stat. 2581; Pub. L. 109–163, div. A, title V, § 515(d)(1)(A), Jan. 6, 2006, 119 Stat. 3235; Pub. L. 116–283, div. A, title IX, § 925(a), Jan. 1, 2021, 134 Stat. 3826; Pub. L. 119–60, div. A, title VI, § 601(a), Dec. 18, 2025, 139 Stat. 901.)

The definitions in clauses

(1)and (2), (6)–(10), (14)–(21), and

(24)reflect the adoption of terminology which, though undefined in the source statutes restated in this revised title, represent the closest practicable approximation of the ways in which the terms defined have been most commonly used, and so far as possible are identical to those used in title 10, United States Code, containing most of the basic law relating to the armed forces.

In clause (3), the words “and all Regular and Reserve components thereof”, in section 231(a) of existing title 37, are omitted as surplusage. Section 231(j) of existing title 37 is omitted as covered by section 1 of title 1.

In clause (4), that part of section 32(a) of existing title 37 relating other than to the enumeration of the armed forces is omitted as unnecessary. Section 231(k) of existing title 37 is omitted, since throughout the revised title references to members of the Army or Air Force without specification of component are specifically included when necessary.

In clause (11), the words “flight officer” are omitted as obsolete. Section 231(c) (last sentence) of existing title 37 is omitted as unnecessary.

In clause (12), the definition of commissioned officer is broadened and restated to conform to the definition in section 101(15) of title 10. Corresponding changes are made throughout the revised title to correspond to the definition.

Clause (13), which is identical to section 101(16) of title 10, is substituted for section 231(e) of existing title 37. The words “flight officer” are omitted as obsolete. Section 231(h) of existing title 37 is omitted, since the defined term is not used in the revised title.

Clause

(22)is substituted for section 231(i) of existing title 37.

In clause (23), section 231(b) (less 1st sentence) of existing title 37 is omitted as executed by the express coverage of members of the Fleet Reserve and Fleet Marine Corps Reserve.

Connections224 cite this · traces to 20

Cited by 224 sections · top 60

U.S. Code