PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2747 tions who are citizens or nationals of the United States and are stationed outside the continental United States or in Alaska may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, while they are so stationed. "(2) An allowance under this subsection shall be based on— "(A) living costs substantially higher than in the District of Columbia; "(B) conditions of environment which (i) differ substantially from conditions of environment in the continental United States, and (ii) warrant an allowance as a recruitment incentive; or "(C) both of the factors specified in subparagraphs (A) and (B). "(3) An allowance under this subsection may not exceed the allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute.". (b) MATTERS OTHER THAN PAY AND BENEFITS. —Such chapter is further amended by inserting after section 1605 the following new sections:
- § 1606. Defense Intelligence Senior Executive Service
" (a) ESTABLISHMENT. — The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to section 1601(a) of this title that are equivalent to Senior Executive Service positions. The number of positions in the Defense Intelligence Senior Executive Service may not exceed 492. " (b) REGULATIONS CONSISTENT WITH TITLE 5 PROVISIONS. — The Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of chapter 43 of such title. To the extent that the Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of title 5 that apply to members of, or applicants for, the Senior Executive Service, the Secretary shall also prescribe regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service. "(c) AWARD OF RANK TO MEMBERS OF THE DEFENSE INTEL- LIGENCE SENIOR EXECUTIVE SERVICE.—The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507 of title 5 to members of the Defense Intelligence Senior Executive Service. The award of such rank shall be made in a manner consistent with the provisions of that section.
- § 1607. Intelligence Senior Level positions
" (a) DESIGNATION OF POSITIONS. — The Secretary of Defense may designate as an Intelligence Senior Level position any defense intelligence position that, as determined by the Secretary— "(1) is classifiable above grade GS-15 of the General Schedule;