Public Law 119-87 (04/30/2026)

10 U.S.C. § 1602

Basic pay

(a)

Authority To Fix Rates of Basic Pay .—

section 1601 of this titleThe Secretary of Defense (subject to the provisions of this section) shall fix the rates of basic pay for positions established under 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 .—

section 5341 of title 5The Secretary of Defense may, consistent with , 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.

Pub. L. 104–201, div. A, title XVI, § 1632(a)(3)110 Stat. 2746 Pub. L. 108–375, div. A, title XI, § 1103(a)118 Stat. 2072 Pub. L. 109–364, div. A, title X, § 1071(g)(12)120 Stat. 2403 (Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

section 1621 of this titleA prior section 1602 was renumbered .

Pub. L. 104–201Provisions 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

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

Pub. L. 108–375, § 1103(a)(1)Pub. L. 109–3642004—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”.

Pub. L. 108–375, § 1103(a)(2)section 1601 of this titleSubsecs. (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—

section 5382 of title 5“(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 ; and

section 5306(e) of title 5“(3) in the case of any other position, the maximum rate provided in .”

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title X, § 1071(g)120 Stat. 2402 Pub. L. 108–375, , , provided that the amendment made by section 1071(g)(12) is effective as of , and as if included in as enacted.

Effective Date

section 1635 of Pub. L. 104–201section 1593 of this titleSection effective , see , set out as an Effective Date of 1996 Amendment note under .