-CITE-

37 USC CHAPTER 1 - DEFINITIONS 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 1 - DEFINITIONS

-HEAD-

CHAPTER 1 - DEFINITIONS

-MISC1-

Sec.

101. Definitions.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title XIV, Sec. 1484(f)(1), Nov.

5, 1990, 104 Stat. 1717, revised chapter heading so as to appear in

all capital letters.

-End-

-CITE-

37 USC Sec. 101 01/06/03

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TITLE 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

CHAPTER 1 - DEFINITIONS

-HEAD-

Sec. 101. Definitions

-STATUTE-

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, Coast Guard, National Oceanic and

Atmospheric Administration, and Public Health Service.

(4) The term "armed forces" means the Army, Navy, Air Force,

Marine Corps, 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;

(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 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;

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 Naval 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 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.

-SOURCE-

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 451; Pub. L. 89-718, Sec.

49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 90-623, Sec. 3(1),

Oct. 22, 1968, 82 Stat. 1314; Pub. L. 92-492, Sec. 3, Oct. 13,

1972, 86 Stat. 810; Pub. L. 93-419, Sec. 1, Sept. 19, 1974, 88

Stat. 1152; Pub. L. 96-513, title V, Secs. 506(1), 516(1), Dec. 12,

1980, 94 Stat. 2918, 2937; Pub. L. 96-579, Sec. 11, Dec. 23, 1980,

94 Stat. 3368; Pub. L. 96-600, Sec. 3(b), Dec. 24, 1980, 94 Stat.

3494; Pub. L. 98-525, title IV, Sec. 414(c), Oct. 19, 1984, 98

Stat. 2520; Pub. L. 100-26, Sec. 8(e)(1), Apr. 21, 1987, 101 Stat.

286; Pub. L. 100-456, div. A, title XII, Sec. 1233(f)(2), Sept. 29,

1988, 102 Stat. 2058; Pub. L. 102-190, div. A, title VI, Sec.

631(b), Dec. 5, 1991, 105 Stat. 1380; Pub. L. 102-484, div. A,

title X, Sec. 1051(b)(2), Oct. 23, 1992, 106 Stat. 2498; Pub. L.

103-160, div. A, title XI, Sec. 1182(c)(1), Nov. 30, 1993, 107

Stat. 1772; Pub. L. 105-85, div. A, title VI, Sec. 603(d)(1)(A),

Nov. 18, 1997, 111 Stat. 1782; Pub. L. 105-261, div. A, title VI,

Sec. 651, Oct. 17, 1998, 112 Stat. 2051; Pub. L. 107-107, div. A,

title VI, Sec. 603(b), Dec. 28, 2001, 115 Stat. 1133; Pub. L.

107-296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314;

Pub. L. 107-314, div. A, title VI, Sec. 654(a), Dec. 2, 2002, 116

Stat. 2581.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

101(1) [No source.] Aug. 9, 1946, ch. 931,

Sec. 2 (less (b), (c),

(d), (e), (f) (less last

8 words), (g), and (h)),

60 Stat. 963.

101(2)

101(3)

101(4)

[No source.]

37:231(a), (j).

37:32(a).

37:231(k).

101(5) 37:32(f) (less last 8 Oct. 12, 1949, ch. 681,

words). Sec. 102 (less (g)), 63

Stat. 804.

37:231(f).

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.]

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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.

-REFTEXT-

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.

-MISC2-

AMENDMENTS

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, Sec. 8(e)(1)(A), substituted "the

following definitions apply in this title:" for "for the purposes

of this title - ".

Pub. L. 100-26, Sec. 8(e)(1)(B), inserted "The term" at beginning

of pars. (1) to (25).

Pub. L. 100-26, Sec. 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, Sec. 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, Sec. 516(1)(A),

substituted "National Oceanic and Atmospheric" for "Environmental

Science Services".

Cl. (5)(F). Pub. L. 96-513, Sec. 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, Sec. 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".

1966 - Cls. (3), (5)(E). Pub. L. 89-718 substituted

"Environmental Science Services Administration" for "Coast and

Geodetic Survey".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by sections 506(1), 516(1) of Pub. L. 96-513 effective

Sept. 15, 1981, and Dec. 12, 1980, respectively, see section

701(a), (b)(3) of Pub. L. 96-513, set out as a note under section

101 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-419 effective Sept. 19, 1974, see section

9 of Pub. L. 93-419, set out as an Effective Date note under

section 1009 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-60, Sec. 1, Oct. 14, 1981, 95 Stat. 989, provided:

"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 section 460 of the

Appendix to Title 50, 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 section

7572 of Title 10] may be cited as the 'Uniformed Services Pay Act

of 1981'."

SHORT TITLE OF 1980 AMENDMENTS

Section 1 of Pub. L. 96-579 provided that: "This Act [enacting

sections 301c and 314 of this title and section 705 of Title 10,

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 Pub.

L. 95-521, title III, Oct. 26, 1978, 92 Stat. 1861, 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'."

Pub. L. 96-343, Sec. 1, Sept. 8, 1980, 94 Stat. 1123, provided

that: "This Act [enacting section 5142a of Title 10, 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'."

Pub. L. 96-284, Sec. 1, June 28, 1980, 94 Stat. 587, provided

that: "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

section 302 of this title] may be cited as the 'Uniformed Services

Health Professionals Special Pay Act of 1980'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-356, Sec. 1, July 12, 1976, 90 Stat. 901, provided:

"That this Act [enacting sections 312b and 312c of this title,

amending section 312 of this title, 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'."

SHORT TITLE OF 1974 AMENDMENTS

Pub. L. 93-294, Sec. 1, May 31, 1974, 88 Stat. 177, provided:

"That this Act [amending section 301 of this title, enacting

section 301a of this title, and enacting provisions set out as

notes under section 301a of this title] may be cited as the

'Aviation Career Incentive Act of 1974'."

Pub. L. 93-277, Sec. 1, May 10, 1974, 88 Stat. 119, provided:

"That this Act [amending sections 308 and 308a of this title and

enacting provisions set out as notes under section 308 of this

title] may be cited as the 'Armed Forces Enlisted Personnel Bonus

Revision Act of 1974'."

SHORT TITLE OF 1963 AMENDMENT

Pub. L. 88-132, Sec. 1, Oct. 2, 1963, 77 Stat. 210, provided:

"That this Act [enacting sections 310 and 427 of this title and

section 1401a of Title 10, 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, section 423 of Title 14,

Coast Guard, section 857a of Title 33, Navigation and Navigable

Waters, and section 213a of Title 42, The Public Health and

Welfare, repealing section 6149 of Title 10 and sections 2351 to

2356 of Title 50, Appendix, War and National Defense, and enacting

provisions set out as notes under sections 201, 203, and 305 of

this title, section 1402 of Title 10, and section 411 (now 1311) of

Title 38, Veterans' Benefits] may be cited as the 'Uniformed

Services Pay Act of 1963'."

-TRANS-

TRANSFER OF FUNCTIONS

For 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 November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 906; title 5

sections 3326, 3501, 5531, 6323; title 10 sections 1032, 2774;

title 20 section 7703; title 22 section 4833; title 26 section

6013; title 31 section 3702; title 32 section 716; title 38 section

5301; title 42 sections 292d, 659, 665.

-End-