10 USC § 1602 - Basic pay

---
identifier: "/us/usc/t10/s1602"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1602 - Basic pay"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1602"
section_name: "Basic pay"
chapter_number: 83
chapter_name: "CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES"
subchapter_number: "I"
subchapter_name: "DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108–375, div. A, title XI, § 1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–364, div. A, title X, § 1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.)"
---


# § 1602. Basic pay

**(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.

---

**Source Credit**: (Added Pub. L. 104–201, div. A, title XVI, § 1632(a)(3), Sept. 23, 1996, 110 Stat. 2746; amended Pub. L. 108–375, div. A, title XI, § 1103(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–364, div. A, title X, § 1071(g)(12), Oct. 17, 2006, 120 Stat. 2403.)

## Editorial Notes

### Prior Provisions

A prior section 1602 was renumbered .

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 , §§ 1632(a)(3), 1633(a).

### Amendments

2006—Subsec. (a).  made technical correction to directory language of . See 2004 Amendment note below.

2004—Subsec. (a). , as amended by , 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). , (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  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 ;

“(2) in the case of an Intelligence Senior Level position, the maximum rate provided in ; and

“(3) in the case of any other position, the maximum rate provided in .”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

, , , provided that the amendment made by section 1071(g)(12) is effective as of , and as if included in  as enacted.

### Effective Date

Section effective , see , set out as an Effective Date of 1996 Amendment note under .