37 U.S.C. § 201

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 201 - Pay grades: assignment to; general rules

(a)

(1) Subject to paragraph (2), for the purpose of computing their basic pay, commissioned officers of the uniformed services (other than commissioned warrant officers) are assigned by the grade or rank in which serving to the following pay grades:

Pay grade	Army, Air Force, and Marine Corps	Navy, Coast Guard, and National Oceanic and Atmospheric Administration	Public Health Service
O-10	General	Admiral	Assistant Secretary for Health.
O-9	Lieutenant general	Vice admiral	Surgeon General.
O-8	Major general	Rear admiral	Deputy Surgeon General. Assistant Surgeon General having rank of major general.
O-7	Brigadier general	Rear admiral (lower half)	Assistant Surgeon General having rank of brigadier general.
O-6	Colonel	Captain	Director grade.
O-5	Lieutenant colonel	Commander	Senior grade.
O-4	Major	Lieutenant commander	Full grade.
O-3	Captain	Lieutenant	Senior assistant grade.
O-2	1st lieutenant	Lieutenant (junior grade)	Assistant grade.
O-1	2d lieutenant	Ensign	Junior assistant grade.

(2) For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force.

(b) For the purpose of computing their basic pay, warrant officers of the armed forces are assigned, by the warrant officer grade in which serving, to the following pay grades:

Pay Grade:	Warrant Officer Grade:
W-?5	Chief Warrant Officer, W-?5.
W-4	Chief Warrant Officer, W-4.
W-3	Chief Warrant Officer, W-3.
W-2	Chief Warrant Officer, W-2.
W-1	Warrant Officer, W-1.

(c) Unless entitled to the basic pay of a higher pay grade, an aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the lowest rate prescribed for pay grade E-4.

(d) Unless he is entitled to the basic pay of a higher pay grade, an aviation pilot of the Navy Reserve, Marine Corps Reserve, or Coast Guard Reserve is entitled to monthly basic pay at the rate prescribed for pay grade E-5.

(e) Except as provided by subsections (c) and (d), enlisted members of the uniformed services shall, for the purpose of computing their basic pay, be distributed by the Secretary concerned in the various enlisted pay grades set forth in section 203 of this title. However, except as provided by section 307 of this title, an enlisted member may not be placed in pay grade E-8 or E-?9 until he has completed at least 8 years or 10 years, respectively, of enlisted service computed under section 205 of this title.

37 U.S.C. § 201

Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 453; Pub. L. 88-132, §3(a), Oct. 2, 1963, 77 Stat. 212; Pub. L. 89-718, §49(a)(1), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 91-278, §3(1), June 12, 1970, 84 Stat. 306; Pub. L. 95-79, title III, §302(a)(1), July 30, 1977, 91 Stat. 326; Pub. L. 96-76, title III, §313(a), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-513, title V, §§506(3), 516(2), Dec. 12, 1980, 94 Stat. 2918, 2937; Pub. L. 97-86, title IV, §405(c), Dec. 1, 1981, 95 Stat. 1106; Pub. L. 98-94, title IX, §932(d), Sept. 24, 1983, 97 Stat. 650; Pub. L. 98-557, §25(b)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V, §514(d)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101-502, §5(k)(2), Nov. 3, 1990, 104 Stat. 1289; Pub. L. 102-25, title VII, §701(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102-190, div. A, title VI, §605, title XI, §1111(b), Dec. 5, 1991, 105 Stat. 1374, 1491; Pub. L. 109-163, div. A, title V, §515(d)(1)(B), Jan. 6, 2006, 119 Stat. 3236; Pub. L. 116-283, div. A, title IX, §925(c), Jan. 1, 2021, 134 Stat. 3827.

HISTORICAL AND REVISION NOTES
Revised section	Source (U.S. Code)	Source (Statutes at Large)
201(a)	37:232(b).	Oct. 12, 1949, ch. 681, §201(b); restated May 20, 1958, Pub. L. 85-422, §1(2), 72 Stat. 124.
201(b)	37:304 (as applicable to basic pay).	Oct. 12, 1949, ch. 681, §504 (as applicable to basic pay), 63 Stat. 827.
201(c)	37:308 (as applicable to pay).	Oct. 12, 1949, ch. 681, §508 (as applicable to pay), 63 Stat. 828; May 19, 1952, ch. 310, §1(e), 66 Stat. 80; Mar. 31, 1955, ch. 20, §2(14), 69 Stat. 22.
201(d)	10:555(a) (as applicable to pay grades).	[None.]
201(e)	37:232(e).	Oct. 12, 1949, ch. 681, §201(e); added Mar. 31, 1955, ch. 20, §2(3), 69 Stat. 19.
201(f)	10:6915(f). 14:758a(f).	[None.] [None.]
201(g)	37:232(c) (less last sentence).	Oct. 12, 1949, ch. 681, §201(c) (less last sentence), 63 Stat. 807; redesignated as "(c)" by Mar. 31, 1955, ch. 20, §2(2), 69 Stat. 19; May 20, 1958, Pub. L. 85-422, §1(3) (first sentence), 72 Stat. 124.

In subsection (a), the words "whether under temporary or permanent appointment" are omitted as surplusage. The words "the following pay grades" are substituted for the words "the various pay grades prescribed for commissioned officers by subsection (a) of this section, as follows". The words "(other than a commissioned warrant officer)" are inserted to conform to the definition of "warrant officer" in section 101(13) of this revised title.In subsection (b), the words "with two or less years of service computed under section 205 of this title" are substituted for the word "minimum".In subsections (c) and (e), the words "with two or less years of service computed under section 205 of this title" are substituted for the words "with under two cumulative years' service" and "with under two cumulative years of service", in sections 308 and 232(e), respectively, of existing title 37.In subsection (e), the words "enlisted or appointed under the Army Aviation Cadet Act, as amended, or under the Naval Aviation Cadet Act of 1942, as amended" are omitted as obsolete and surplusage. Both of the cited acts were repealed by section 53 of the Act of August 10, 1956, ch. 1041 (70A Stat. 641), and replaced by various sections of title 10. Further reference is surplusage, however, since aviation cadets are not appointed or enlisted under any provision of law other than the sections of title 10 embodying the former Army Aviation Cadet Act and the Naval Aviation Cadet Act of 1942. The word "basic" is inserted for clarity, since the word "pay" as defined in section 101(21) of this revised title includes special and incentive pays. Incentive pay for aviation cadets is provided in section 301(b) of this revised title.In subsection (f), the words "While on active duty", in section 6915(f) of title 10 and section 758a(f) of title 14, are omitted as covered by section 204 of this title which prescribes the conditions under which members of the uniformed services are entitled to basic pay. The words "Unless he is entitled to the basic pay of a higher pay grade" are substituted for the words "or that of his grade, whichever is greater" in section 6915(f) of title 10 and section 758a(f) of title 14.In subsection (g), the words "Except as provided by subsections (e) and (f)" are inserted to reflect those subsections relating to enlisted aviation cadets or aviation pilots.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (a). Pub. L. 116-283 designated existing provisions as par. (1), substituted "Subject to paragraph (2), for the purpose" for "For the purpose", and added par. (2).2006-Subsec. (d). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve". 1991-Subsec. (b). Pub. L. 102-190, §1111(b), amended table generally, adding provisions relating to Chief Warrant Officer at grade W-?5.Subsec. (c). Pub. L. 102-190, §605, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to monthly basic pay at the rate of 50 percent of the basic pay of a commissioned officer in pay grade O-1 with two or less years of service computed under section 205 of this title."Subsec. (e). Pub. L. 102-25 struck out "of this section" after "subsections (c) and (d)".1990-Subsec. (a). Pub. L. 101-502 inserted "Assistant Secretary for Health" in fourth column of table in pay grade O-?10.1985-Subsec. (a). Pub. L. 99-145 substituted "Rear admiral (lower half)" for "Commodore" in third column of table in pay grade O-7.1984-Subsec. (a). Pub. L. 98-557 substituted "Rear admiral" for "Rear admiral (Navy) and Rear admiral (upper half)(Coast Guard and National Oceanic and Atmospheric Administration)" in third column of table in pay grade O-8, and in pay grade O-7 substituted "Commodore" for "Commodore (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration". 1983-Subsecs. (b) to (f). Pub. L. 98-94 struck out subsec. (b) which related to basic pay for contract surgeons, redesignated subsecs. (c) to (f) as (b) to (e), respectively, and in subsec. (e), as so redesignated, substituted "subsections (c) and (d)" for "subsections (d) and (e)".1981-Subsec. (a). Pub. L. 97-86 substituted "Commodore" for "Commodore admiral" in third column of table in pay grade O-7.1980-Subsec. (a). Pub. L. 96-513, §506(3), substituted in heading of third column of table "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration" and in third column "Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard and National Oceanic and Atmospheric Administration)" for "Rear admiral (upper half)" and "Commodore admiral (Navy) and Rear admiral (lower half) and commodore (Coast Guard and National Oceanic and Atmospheric Administration)" for "Rear admiral (lower half) and commodore". Subsec. (f). Pub. L. 96-513, §516(2), substituted "subsection (d)" for "subsection (f)".1979-Subsec. (a). Pub. L. 96-76 transferred the Surgeon General from pay grade O-8 to pay grade O-9 in fourth column of table.1977-Subsecs. (c) to (g). Pub. L. 95-79 struck out subsec. (c) which related to the monthly rate of pay of cadets and midshipmen at the service academies, and redesignated subsecs. (d) to (g) as (c) to (f), respectively. 1970-Subsec. (e). Pub. L. 91-278 entitled aviation cadets of Coast Guard to basic pay rate.1966-Subsec. (a). Pub. L. 89-718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey" in heading of third column of table. 1963-Subsec. (b). Pub. L. 88-132 substituted "O-3 with over four, but not more than six," for "O-2 with two or less".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1111(b) of Pub. L. 102-190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190 set out as a note under section 521 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-502, §5(k)(3), Nov. 3, 1990, 104 Stat. 1289, provided that: "The amendments made by paragraphs (1) and (2) [amending this section and section 207 of Title 42, The Public Health and Welfare] shall take effect on the first day of the month immediately following the month in which this Act was enacted [November 1990]."

EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section 932(f) of Pub. L. 98-94 set out as an Effective Date note under section 1091 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97-86 set out as a note under section 101 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 506(3), 516(2) 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 1979 AMENDMENT Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314 of Pub. L. 96-76 set out as a note under section 206 of Title 42, The Public Health Welfare.

EFFECTIVE DATE OF 1963 AMENDMENTPub. L. 88-132, §14, Oct. 2, 1963, 77 Stat. 218, provided that: "This Act [see Short Title of 1963 Amendment note set out under section 101 of this title] becomes effective on October 1, 1963."

TRANSFER OF FUNCTIONSFor 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.

EXECUTIVE DOCUMENTS

TRANSFER OF FUNCTIONSFunctions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.