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LegalText 10 U.S.C. § 1602 Basic pay us united_states_code code_section 10 ARMED FORCES 83 CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES 1602 10 U.S.C. § 1602 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s1602 data/legal/raw/us/code/title-10/usc10.xml 6e187a23d6f8de44e28602de988873423362a60899243829bf27fbf757010343 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 49779b5b78791ed4b8b77fb83c37534ccff5d7baa2121f91276026b741365061 2026-07-04 official
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10 U.S.C. § 1602 - Basic pay

Text

(a) Authority To Fix Rates of Basic Pay.— The Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under section 1601 of this title in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation.

(b) Prevailing Rate Systems.— The Secretary of Defense may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to positions for civilian employees in or under which the Department of Defense may employ individuals described by section 5342(a)(2)(A) of that title.

(Added Pub. L. 104201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108375, div. A, title XI, § 1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109364, div. A, title X, § 1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1602 was renumbered section 1621 of this title. Provisions similar to those in this section were contained in sections 1590(b) and (c) and 1604(b)(1) and (c) of this title prior to repeal by Pub. L. 104201, §§ 1632(a)(3), 1633(a).

Amendments2006—Subsec. (a). Pub. L. 109364 made technical correction to directory language of Pub. L. 108375, § 1103(a)(1). See 2004 Amendment note below. 2004—Subsec. (a). Pub. L. 108375, § 1103(a)(1), as amended by Pub. L. 109364, substituted “in relation to the rates of pay provided for comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for employees of the Department of Defense by law or regulation” for “in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that subpart which have corresponding levels of duties and responsibilities”. Subsecs. (b), (c). Pub. L. 108375, § 1103(a)(2), (3), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “A rate of basic pay fixed under subsection (a) for a position established under section 1601 of this title may not (except as otherwise provided by law) exceed— “(1) in the case of a Defense Intelligence Senior Executive Service position, the maximum rate provided in section 5382 of title 5; “(2) in the case of an Intelligence Senior Level position, the maximum rate provided in section 5382 of title 5; and “(3) in the case of any other position, the maximum rate provided in section 5306(e) of title 5.”

Statutory Notes and Related Subsidiaries

Effective Date of 2006 AmendmentPub. L. 109364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(12) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108375 as enacted.

Effective DateSection effective Oct. 1, 1996, see section 1635 of Pub. L. 104201, set out as an Effective Date of 1996 Amendment note under section 1593 of this title.