Title 10Armed ForcesRelease 119-73

§1602 Basic pay

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 83— - CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES › Subchapter SUBCHAPTER I— - DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY › § 1602

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must set basic pay for jobs under section 1601 so it matches pay for similar DoD positions and follows the same legal limits on maximum pay. The Secretary may use 5 U.S.C. 5341 to apply a prevailing-rate pay system to civilian jobs where DoD can hire people in 5 U.S.C. 5342(a)(2)(A).

Full Legal Text

Title 10, §1602

Armed Forces — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1602 was renumbered section 1621 of this title. Provisions similar to those in this section were contained in section 1590(b) and (c) and 1604(b)(1) and (c) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a).

Amendments

2006—Subsec. (a). Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, § 1103(a)(1). See 2004 Amendment note below. 2004—Subsec. (a). Pub. L. 108–375, § 1103(a)(1), as amended by Pub. L. 109–364, 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. 108–375, § 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 Amendment Pub. L. 109–364, 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. 108–375 as enacted.

Effective Date

Section effective Oct. 1, 1996, see section 1635 of Pub. L. 104–201, set out as an

Effective Date

of 1996 Amendment note under section 1593 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1602

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73