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10 U.S.C. § 1602 — Basic pay
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim), 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.
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Stable record: federal_law:legal_authorities:record_usc_cb90c278d9c50a4ee594d1ef
Source file: Laws/federal/codes/united-states-code/title-10/section-1602-basic-pay--977278eaa4.md
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Source location: Title 10, Chapter 83, § 1602; chapter-083-civilian-defense-intelligence-employees.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary of Defense may—
(1) establish, as positions in the excepted service, such defense intelligence positions in the Department of Defense as the Secretary determines necessary to carry out the intelligence functions of the Department, including—
(A) Intelligence Senior Level positions designated under [section 1607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1607&num=0&edition=prelim); and
(B) positions in the Defense Intelligence Senior Executive Service;
(2) appoint individuals to those positions (after taking into consideration the availability of preference eligibles for appointment to those positions); and
(3) fix the compensation of such individuals for service in those positions.
**(b) Construction With Other Laws.—** The authority of the Secretary of Defense under subsection (a) applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Defense may by regulation establish a merit pay system for such employees of the Defense Intelligence Agency as the Secretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in [section 5401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5401&num=0&edition=prelim), as in effect on October 31, 1993.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1621
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance Authorized.—**
(1) The Secretary of Defense may pay an allowance to each civilian employee of the Department of Defense who is required by law or regulation to wear a prescribed uniform in the performance of official duties.
(2) In lieu of providing an allowance under paragraph (1), the Secretary may provide a uniform to a civilian employee referred to in such paragraph.
(3) This subsection shall not apply with respect to a civilian employee of the Defense Intelligence Agency who is entitled to an allowance under [section 1622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1622&num=0&edition=prelim).
**(b) Amount of Allowance.—** Notwithstanding [section 5901(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/a&num=0&edition=prelim), the amount of an allowance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not exceed $400 per year (or such higher maximum amount as the Secretary of Defense may by regulation prescribe).
**(c) Treatment of Allowance.—** An allowance paid, or uniform provided, under subsection (a) shall be treated in the same manner as is provided in [section 5901(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/c&num=0&edition=prelim) for an allowance paid under that section.
**(d) Use of Appropriated Funds for Allowance.—** Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1593
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
**(b)** Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
**(c)** No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5382
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense may pay special pay under this section to a civilian officer or employee of the Department of Defense who—
(1) has been certified as being proficient in a foreign language identified by the Secretary of Defense as being a language in which proficiency by civilian personnel of the Department is important for the effective collection, production, or dissemination of foreign intelligence information; and
(2) is serving in a position, or is subject to assignment to a position, in which proficiency in that language facilitates performance of officially assigned intelligence or intelligence-related duties.
**(b)** The annual rate of special pay under subsection (a) shall be determined by the Secretary of Defense.
**(c)** Special pay under this section may be paid in addition to any compensation authorized under [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1602&num=0&edition=prelim) for which an officer or employee is eligible.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1596
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
Page 1536
TITLE 10—ARMED FORCES
§ 1602
Editorial Notes
PRIOR PROVISIONS
A prior section 1601, added Pub. L. 97–89, title VII,
§ 701(a)(1), Dec. 4, 1981, 95 Stat. 1159; amended Pub. L.
101–194, title V, § 506(c)(3), Nov. 30, 1989, 103 Stat. 1759;
Pub. L. 101–280, § 6(d)(4), May 4, 1990, 104 Stat. 161; Pub.
L. 101–510, div. A, title XIV, § 1484(l)(5), Nov. 5, 1990, 104
Stat. 1720; Pub. L. 103–359, title V, § 501(b)(1)(B), Oct. 14,
1994, 108 Stat. 3428, related to the Defense Intelligence
Senior Executive Service, prior to repeal by Pub. L.
104–201, div. A, title XVI, §§ 1632(a)(3), 1635, Sept. 23, 1996,
110 Stat. 2745, 2752, effective Oct. 1, 1996. See section
1606 of this title.
Provisions similar to those in this section were con-
tained in sections 1590(a) and 1604(a) of this title prior
to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a).
AMENDMENTS
2000—Subsec. (a)(1). Pub. L. 106–398, in introductory
provisions, substituted ‘‘in the Department of Defense’’
for ‘‘in the intelligence components of the Department
of Defense and the military departments’’ and ‘‘of the
Department’’ for ‘‘of those components and depart-
ments’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1996, see section 1635 of Pub.
L. 104–201, set out as an Effective Date of 1996 Amend-
ment note under section 1593 of this title.
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–201, div. A, title XVI, § 1631, Sept. 23, 1996,
110 Stat. 2745, provided that: ‘‘This subtitle [subtitle B
(§§ 1631–1635) of title XVI of div. A of Pub. L. 104–201, en-
acting this section and sections 1602, 1603, 1606 to 1610,
and 1612 to 1614 of this title, amending sections 1593,
1596, 1605, 1611, and 1621 of this title and sections 7103
and 7511 of Title 5, Gover
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1602
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