37 U.S.C. § 101 | Definitions

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

(1)

(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)

section 206 of this title 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 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;

section 206(d)(2) of this titleand 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 ) 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)

1 See Change of Name note below.

the Reserve Corps  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)

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

(27)

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

(28)

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

Pub. L. 87–649Sept. 7, 196276 Stat. 451 Pub. L. 89–718, § 49(a)(1)Nov. 2, 196680 Stat. 1121 Pub. L. 90–623, § 3(1)Oct. 22, 196882 Stat. 1314 Pub. L. 92–492, § 3Oct. 13, 197286 Stat. 810 Pub. L. 93–419, § 1Sept. 19, 197488 Stat. 1152 Pub. L. 96–513, title VDec. 12, 198094 Stat. 2918 Pub. L. 96–579, § 11Dec. 23, 198094 Stat. 3368 Pub. L. 96–600, § 3(b)Dec. 24, 198094 Stat. 3494 Pub. L. 98–525, title IV, § 414(c)Oct. 19, 198498 Stat. 2520 Pub. L. 100–26, § 8(e)(1)Apr. 21, 1987101 Stat. 286 Pub. L. 100–456, div. A, title XII, § 1233(f)(2)Sept. 29, 1988102 Stat. 2058 Pub. L. 102–190, div. A, title VI, § 631(b)Dec. 5, 1991105 Stat. 1380 Pub. L. 102–484, div. A, title X, § 1051(b)(2)Oct. 23, 1992106 Stat. 2498 Pub. L. 103–160, div. A, title XI, § 1182(c)(1)Nov. 30, 1993107 Stat. 1772 Pub. L. 105–85, div. A, title VI, § 603(d)(1)(A)Nov. 18, 1997111 Stat. 1782 Pub. L. 105–261, div. A, title VI, § 651Oct. 17, 1998112 Stat. 2051 Pub. L. 107–107, div. A, title VI, § 603(b)Dec. 28, 2001115 Stat. 1133 Pub. L. 107–296, title XVII, § 1704(c)Nov. 25, 2002116 Stat. 2314 Pub. L. 107–314, div. A, title VI, § 654(a)Dec. 2, 2002116 Stat. 2581 Pub. L. 109–163, div. A, title V, § 515(d)(1)(A)Jan. 6, 2006119 Stat. 3235 Pub. L. 116–283, div. A, title IX, § 925(a)Jan. 1, 2021134 Stat. 3826 Pub. L. 119–60, div. A, title VI, § 601(a)Dec. 18, 2025139 Stat. 901 (, , ; , , ; , , ; , , ; , , ; , §§ 506(1), 516(1), , , 2937; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
101(1) 101(2) 101(3) 101(4)	[No source.] [No source.] 37:231(a), (j). 37:32(a). 37:231(k).	Aug. 9, 1946, ch. 931, § 2 (less (b), (c), (d), (e), (f) (less last 8 words), (g), and (h)), 60 Stat. 963.
101(5)	37:32(f) (less last 8 words). 37:231(f).	Oct. 12, 1949, ch. 681, § 102 (less (g)), 63 Stat. 804.
101(6)	[No source.]
101(7)	[No source.]
101(8)	[No source.]
101(9)	[No source.]
101(10)	[No source.]
101(11)	37:231(c).
101(12)	37:231(d).
101(13)	37:231(e), (h).
101(14)	[No source.]
101(15)	[No source.]
101(16)	[No source.]
101(17)	[No source.]
101(18)	[No source.]
101(19)	[No source.]
101(20)	[No source.]
101(21)	[No source.]
101(22)	37:231(i).
101(23)	37:231(b).
101(24)	[No source.]

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.

section 1 of title 1In 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 .

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.

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

section 101(16) of title 10Clause (13), which is identical to , 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.

Editorial Notes

References in Text

section 3602(b) of Title 22For definition of Canal Zone, referred to in pars. (7) and (9), see , Foreign Relations and Intercourse.

Amendments

Pub. L. 119–60, § 601(a)(1)2025—Par. (22)(A), (B). , inserted “, or for members of the Space Force in space force active status not on sustained duty,” after “reserve component”.

Pub. L. 119–60, § 601(a)(2)Pars. (27), (28). , added pars. (27) and (28).

Pub. L. 116–283, § 925(a)(1)2021—Pars. (3), (4). , inserted “Space Force,” after “Marine Corps,”.

Pub. L. 116–283, § 925(a)(2)Par. (5)(C). , which directed insertion of “and the Space Force” after “Air Force”, was executed by making the insertion after “Air Force” the second place appearing, to reflect the probable intent of Congress.

Pub. L. 109–1632006—Par. (24)(C). substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 107–3142002—Par. (1). designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 107–296Par. (5)(D). substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–107 section 206(d)(2) of this title2001—Par. (22). inserted “(except as provided in )” after “but” in concluding provisions.

Pub. L. 105–2611998—Par. (2). struck out “the Canal Zone,” after “includes”.

Pub. L. 105–851997—Par. (25). substituted “basic allowance for housing” for “basic allowance for quarters (including any variable housing allowance or station housing allowance)”.

Pub. L. 103–160 Pub. L. 102–4841993—Par. (26). made technical amendment to directory language of . See 1992 Amendment note below.

Pub. L. 102–484 Pub. L. 103–160 section 101 of title 10 section 101(47) of title 101992—Par. (26). , as amended by , substituted “” for “”.

Pub. L. 102–1901991—Par. (26). added par. (26).

Pub. L. 100–4561988—Par. (5). substituted “Secretary” for “secretary” in introductory provisions.

Pub. L. 100–26, § 8(e)(1)(A)1987—, substituted “the following definitions apply in this title:” for “for the purposes of this title—”.

Pub. L. 100–26, § 8(e)(1)(B), inserted “The term” at beginning of pars. (1) to (25).

Pub. L. 100–26, § 8(e)(1)(C), which directed that this section be amended by revising first word after open quotation marks in each paragraph (other than par. (1) and (6) through (10)) so that initial letter of such word is lowercase, was executed to par. (5) only because specified words in other pars. began with lowercase letters.

Pub. L. 100–26, § 8(e)(1)(D), (E), which directed a period be substituted for the semicolon at end of pars. (1) to (24) and that “and” be struck out at end of par. (24), was executed by making the substitution in pars. (1) to (23) and by striking “and” at end of par. (23), to reflect the probable intent of Congress, because par. (24) already ended in a period and “and” appeared at end of par. (23), not par. (24).

Pub. L. 98–5251984—Cl. (18). inserted “full-time National Guard duty,” after “annual training duty,”.

Pub. L. 96–513, § 516(1)(A)1980—Cls. (3), (5)(E). , substituted “National Oceanic and Atmospheric” for “Environmental Science Services”.

Pub. L. 96–513, § 516(1)(B)Cl. (5)(F). , substituted “Health and Human Services” for “Health, Education, and Welfare”.

Pub. L. 96–600Cls. (7), (9). inserted references to Guam.

Pub. L. 96–513, § 506(1)Cl. (18). , struck out “duty on the active list,” after “and includes”.

Pub. L. 96–579Cl. (25). defined “regular compensation” or “regular military compensation (RMC)” to include with respect to basic allowance for quarters any variable housing allowance or station housing allowance.

Pub. L. 93–4191974—Cl. (25). added cl. (25).

Pub. L. 92–4921972—Cls. (7), (9). inserted references to Virgin Islands.

Pub. L. 90–6231968—Cl. (5)(D). substituted “Secretary of Transportation” for “Secretary of the Treasury”.

Pub. L. 89–7181966—Cls. (3), (5)(E). substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.

Statutory Notes and Related Subsidiaries

Change of Name

section 204(c)(3) of Title 42Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see , The Public Health and Welfare.

Effective Date of 2002 Amendment

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 1997 Amendment

Pub. L. 105–85Jan. 1, 1998section 603(e) of Pub. L. 105–85 section 5561 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 1980 Amendment

Pub. L. 96–513Sept. 15, 1981Dec. 12, 1980Pub. L. 96–513 section 101 of Title 10Amendment by sections 506(1), 516(1) of effective , and , respectively, see section 701(a), (b)(3) of , set out as a note under , Armed Forces.

Effective Date of 1974 Amendment

Pub. L. 93–419Sept. 19, 1974section 9 of Pub. L. 93–419 section 1009 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1968 Amendment

Pub. L. 90–623Oct. 22, 1968section 6 of Pub. L. 90–623 section 5334 of Title 5Amendment by intended to restate without substantive change the law in effect on , see , set out as a note under , Government Organization and Employees.

Short Title of 1981 Amendment

Pub. L. 97–60, § 1Oct. 14, 198195 Stat. 989

section 3809 of Title 50 section 7572 of Title 10“That this Act [enacting sections 308f, 315, 404a, 411c, 411d, and 411e of this title and sections 4341a and 9341a of Title 10, Armed Forces, amending sections 203, 301, 301a, 301b, 301c, 304, 305a, 308, 308a, 312b, 404, 405a, 406, 407, 411, 411b, 415, and 1006 of this title, sections 2107, 2634, 4342, 5031, 5153, 6011, 6953, 6954, 6956, 7572, and 9342 of Title 10, and , War and National Defense, enacting provisions set out as notes under sections 203, 301, 301a, 308, 312, 404, 404a, and 1009 of this title and sections 4341a, 6011, and 7572 of Title 10, and amending a provision set out as a note under ] may be cited as the ‘Uniformed Services Pay Act of 1981’.”

, , , provided:

Short Title of 1980 Amendments

Pub. L. 96–579, § 1Dec. 23, 198094 Stat. 3359

section 705 of Title 10 Pub. L. 95–521, title IIIOct. 26, 197892 Stat. 1861 “This Act [enacting sections 301c and 314 of this title and , Armed Forces, amending this section, sections 209, 301, 305a, 308, 312, 312b, 312c, and 403 of this title, sections 520, 701, 867, 4355, 6968, and 9355 of Title 10, and section 308(9), (10) of , , , set out in the Appendix to Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as notes under sections 301c, 305a, 312, 312b, 312c, 314, and 403 of this title and sections 705 and 867 of Title 10] may be cited as the ‘Military Pay and Allowances Benefits Act of 1980’.”

, , , provided that:

Pub. L. 96–343, § 1Sept. 8, 198094 Stat. 1123

section 5142a of Title 10“This Act [enacting , Armed Forces, amending sections 203, 301, 301a, 305a, 403, 404, 411, 907, and 1006 of this title and sections 1201, 1203, 3914, 3925, 3962, 5142, 5703, 5787c, 5787d, 8072, 8914, 8925, and 8962 of Title 10, enacting provisions set out as notes under sections 301, 305a, 402, 403, 404, and 907 of this title and sections 3914 and 3962 of Title 10, and amending provisions set out as notes under sections 5707 and 8202 of Title 10] may be cited as the ‘Military Personnel and Compensation Amendments of 1980’.”

, , , provided that:

Pub. L. 96–284, § 1June 28, 198094 Stat. 587

section 302 of this title“This Act [enacting sections 302c and 303a of this title, amending sections 302 to 302b, 303, 306, 311, and 313 of this title, and enacting and repealing provisions set out as notes under ] may be cited as the ‘Uniformed Services Health Professionals Special Pay Act of 1980’.”

, , , provided that:

Short Title of 1976 Amendment

Pub. L. 94–356, § 1July 12, 197690 Stat. 901

section 312 of this title“That this Act [enacting sections 312b and 312c of this title, amending , and enacting provisions set out as notes under sections 301 and 312 of this title] may be cited as the ‘Nuclear Career Incentive Act of 1975’.”

, , , provided:

Short Title of 1974 Amendments

Pub. L. 93–294, § 1May 31, 197488 Stat. 177

section 301 of this title section 301a of this title section 301a of this title“That this Act [amending , enacting , and enacting provisions set out as notes under ] may be cited as the ‘Aviation Career Incentive Act of 1974’.”

, , , provided:

Pub. L. 93–277, § 1May 10, 197488 Stat. 119

section 308 of this title“That this Act [amending sections 308 and 308a of this title and enacting provisions set out as notes under ] may be cited as the ‘Armed Forces Enlisted Personnel Bonus Revision Act of 1974’.”

, , , provided:

Short Title of 1963 Amendment

Pub. L. 88–132, § 1Oct. 2, 196377 Stat. 210

section 1401a of Title 10 section 423 of Title 14 section 857a of Title 33 section 213a of Title 42 section 6149 of Title 10 section 1402 of Title 10“That this Act [enacting sections 310 and 427 of this title and , Armed Forces, amending sections 201, 203, 301, 302, 305, 403, and 421 of this title, sections 1401, 1402, 3991, 6151, 6323, 6325 to 6327, 6381, 6383, 6390, 6394, 6396, 6398 to 6400, 6483, and 8991 of Title 10, , Coast Guard, , Navigation and Navigable Waters, and , The Public Health and Welfare, repealing and sections 2351 to 2356 of the former Appendix to Title 50, War and National Defense, and enacting provisions set out as notes under sections 201, 203, and 305 of this title, , and section 411 (now 1311) of Title 38, Veterans’ Benefits] may be cited as the ‘Uniformed Services Pay Act of 1963’.”

, , , provided:

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .