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37 U.S.C. § 101 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 101 — Definitions

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Source location: Title 37, Chapter 1, § 101; chapter-001-definitions.md

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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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206/d/2&num=0&edition=prelim)) 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim). (27) The term “space force active status” has the meaning given that term in [section 101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim). (28) The term “sustained duty” has the meaning given that term in [section 101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 312 — Special pay: nuclear-qualified officers extending period of active service

**(a) Special Pay Authorized; Eligibility.—** Under regulations to be prescribed by the Secretary of the Navy, the Secretary may pay special pay under subsection (b) to an officer of the naval service who— (1) is entitled to basic pay; (2) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants; and (3) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for a period of not less than three years, so long as the new period of obligated active service does not extend beyond the end of 30 years of commissioned service, in addition to any other period of obligated active service. **(b) Payment Amount; Payment Options.—** (1) The total amount paid to an officer under an agreement under subsection (a) or (e)(1) may not exceed $30,000 for each year of the active-service agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. (2) The Secretary shall determine annually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each 12-month period. (3) Upon acceptance of an agreement under subsection (a) or (e)(1) by the Secretary, the total amount payable shall be paid in a single lump-sum or in annual installments of equal or different amounts over the length of the contract, commencing at the expiration of any existing period of obligated active service. (4) The Secretary may accept an active service agreement under this section not more than one year in advance of the end of an officer’s existing period of obligated active service under such an agr

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 301 — Incentive pay: hazardous duty

**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty— (1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim); (2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1); (3) involving parachute jumping as an essential part of military duty; (4) involving the demolition of explosives as a primary duty, including training for that duty; (5) inside a high- or low-pressure chamber; (6) as a human acceleration or deceleration experimental subject; (7) as a human test subject in thermal stress experiments; (8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched; (9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria; (10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions); (11) involving regular participation as a member of a

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1401a — Adjustment of retired pay and retainer pay to reflect changes in Consumer Price Index

**(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.—** Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces. **(b) Cost-of-Living Adjustments Based on CPI Increases.—** (1) **Increase required.—** — Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3). (2) **Percentage increase.—** — Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which— (A) the price index for the base quarter of that year, exceeds (B) the base index. (3) **Reduced percentage for certain post-august 1, 1986 members.—** — If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), by the difference between— (A) the percent determined under paragraph (2); and (B) 1 percent. (4) **Special rule for paragraph (3).—** — If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 206 — Reserves; members of National Guard; members of the Space Force: inactive-duty training

**(a)** Under regulations prescribed by the Secretary concerned, and to the extent provided for by appropriations, a member of the National Guard, a member of a reserve component of a uniformed service, or a member of the Space Force who is not entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), is entitled to compensation, at the rate of 1⁄30 of the basic pay authorized for a member of a uniformed service of a corresponding grade entitled to basic pay— (1) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two hours, including that performed on a Sunday or holiday; (2) for the performance of such other equivalent training, instruction, duty, or appropriate duties, as the Secretary may prescribe; (3) for a regular period of instruction that the member is scheduled to perform but is unable to perform because of physical disability resulting from an injury, illness, or disease incurred or aggravated— (A) in line of duty while performing— (i) active duty; or (ii) inactive-duty training; (B) while traveling directly to or from that duty or training (unless such injury, illness, disease, or aggravation of an injury, illness, or disease is the result of the gross negligence or misconduct of the member); or (C) in line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (4) for a regular period of instruction, period of appropriate duty, or such other equivalent training that a member would be

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 213a — Military benefits

**(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors** Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers— (1) in time of war; (2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or (3) while the Service is part of the military forces of the United States pursuant to Executive order of the President; be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances. **(b) Award of decorations** The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations. **(c) Authority of Surgeon General** The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General. **(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs** Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and [section 417 of this title](https://uscode.house.gov/view.xhtml

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3809 — Selective Service System

**(a) Establishment; construction; appointment of Director; termination and reestablishment of Office of Selective Service Records** (1) There is established in the executive branch of the Government an agency to be known as the Selective Service System, and a Director of Selective Service who shall be the head thereof. (2) The Selective Service System shall include a national headquarters, at least one State headquarters in each State, Territory, and possession of the United States, and in the District of Columbia, and the local boards, appeal boards, and other agencies provided for in subsection (b)(3) of this section. (3) The Director shall be appointed by the President. (4) The functions of the Office of Selective Service Records (established by the Act of March 31, 1947) and of the Director of the Office of Selective Service Records are transferred to the Selective Service System and the Director of Selective Service, respectively. The personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Office of Selective Service Records are transferred to the Selective Service System. The Office of Selective Service Records shall cease to exist upon the taking effect of the provisions of this chapter: Provided, That, effective upon the termination of this chapter and notwithstanding such termination in other respects, (A) the said Office of Selective Service Records is reestablished on the same basis and with the same functions as obtained prior to June 24, 1948, (B) said reestablished Office shall be responsible for liquidating any other outstanding affairs of the Selective Service System, and (C) the personnel, property, records, and unexpended balances (available or to be made avai

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 1009 — Adjustments of monthly basic pay

**(a) Requirement for Annual Adjustment.—** Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under [section 203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203/a&num=0&edition=prelim) shall be increased under this section. **(b) Effectiveness of Adjustment.—** An adjustment under this section shall have the force and effect of law. **(c) Equal Percentage Increase for All Members.—** (1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). (2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph. (3) In this subsection: (A) The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics. (B) The term “base quarter” for any year is the three-month period ending on September 30 of such year. **(d) Protection of Member’s Total Compensation While Performing Certain Duty.—** (1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1402 — Recomputation of retired or retainer pay to reflect later active duty of members who first became members before September 8, 1980

**(a)** A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty according to the following table. Column 1 TakeColumn 2 Multiply by 1 For a member who has been entitled, for continuous period of at least two years, to basic pay under the rates of basic pay in effect upon that release from active duty, compute under those rates. For a member who has been entitled to basic pay for a continuous period of at least two years upon that release from active duty, but who is not covered by the preceding sentence, compute under the rates of basic pay replaced by those in effect upon that release from active duty. For any other member, compute under the rates of basic pay under which the member’s retired pay or retainer pay was computed when he entered on that active duty. 2 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. Monthly basic pay 1 of the grade in which he would be eligible— (1) to retire if he were retiring upon that release from active duty; or (2) to transfer to the Fleet Reserve or Fleet Marine Corps Reserve if he were transferring to either upon that release from active duty.2½ percent of the sum of— (1) the years of service that may be credited to him in computing retired pay or retainer pay; and (2) his years of active service after becoming entitled to retired pay or retainer pay.2 However, an officer who was ordered to ac

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