§ 101. Definitions

§ 101. Definitions

(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—

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.

(A) duty prescribed for members of a reserve component 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 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;

(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 11 See Change of Name note below. 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.

(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.)

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.

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.]

Editorial Notes

References in Text

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

Amendments

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

Par. (5)(C). Pub. L. 116–283, § 925(a)(2), 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.

2006—Par. (24)(C). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

2002—Par. (1). Pub. L. 107–314 designated existing provisions as subpar. (A) and added subpar. (B).

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

2001—Par. (22). Pub. L. 107–107 inserted “(except as provided in section 206(d)(2) of this title)” after “but” in concluding provisions.

1998—Par. (2). Pub. L. 105–261 struck out “the Canal Zone,” after “includes”.

1997—Par. (25). Pub. L. 105–85 substituted “basic allowance for housing” for “basic allowance for quarters (including any variable housing allowance or station housing allowance)”.

1993—Par. (26). Pub. L. 103–160 made technical amendment to directory language of Pub. L. 102–484. See 1992 Amendment note below.

1992—Par. (26). Pub. L. 102–484, as amended by Pub. L. 103–160, substituted “section 101 of title 10” for “section 101(47) of title 10”.

1991—Par. (26). Pub. L. 102–190 added par. (26).

1988—Par. (5). Pub. L. 100–456 substituted “Secretary” for “secretary” in introductory provisions.

1987—Pub. L. 100–26, § 8(e)(1)(A), 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).

1984—Cl. (18). Pub. L. 98–525 inserted “full-time National Guard duty,” after “annual training duty,”.

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

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

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

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

Cl. (25). Pub. L. 96–579 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.

1974—Cl. (25). Pub. L. 93–419 added cl. (25).

1972—Cls. (7), (9). Pub. L. 92–492 inserted references to Virgin Islands.

1968—Cl. (5)(D). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.