109 STAT. 970 PUBLIC LAW 104-93^JAN. 6, 1996 ment of Justice responsible for determining whether a prosecution should be undertaken". TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES SEC. 501. DEFENSE INTELLIGENCE SENIOR LEVEL POSITIONS. Section 1604 of title 10, United States Code, is amended to read as follows: '*§ 1604. Civilian personnel management " (a) GENERAL PERSONNEL AUTHORITY. —The Secretary of Defense may, without regard to the provisions of any other law relating to the number, classification, or compensation of Federal employees— "(1) establish such positions for employees in the Defense Intelligence Agency and the Central Imagery Office as the Secretary considers necessary to carry out the functions of that Agency and Office, including positions designated under subsection (f) as Defense Intelligence Senior Level positions; "(2) appoint individuals to those positions; and "(3) fix the compensation for service in those positions. " (b) AUTHORITY TO FIX RATES OF BASIC PAY; OTHER ALLOW- ANCES AND BENEFITS. —(1) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in subpart D of part III of title 5 for positions subject to that title which have corresponding levels of duties and responsibilities. Except as otherwise provided by law, an employee of the Defense Intelligence Agency or the Central Imagery Office may not be paid basic pay at a rate in excess of the maximum rate payable under section 5376 of title 5. "(2) The Secretary of Defense may provide employees of the Defense Intelligence Agency and the Central Imagery Office compensation (in addition to basic pay under paragraph (1)) and benefits, incentives, and allowances consistent with, and not in excess of the levels authorized for, comparable positions authorized by title 5. "(c) PREVAILING RATES 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 in or under which the Defense Intelligence Agency or the Central Imagery Office may employ individuals described by section 5342(a)(2)(A) of such title. " (d) ALLOWANCES BASED ON LIVING COSTS AND ENVIRONMENT FOR EMPLOYEES STATIONED OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA. —(1) In addition to the basic compensation payable under subsection (b), employees of the Defense Intelligence Agency and the Central Imagery Office described in paragraph (3) may be paid an allowance, in accordance with regulations prescribed by the Secretary of Defense, at a rate not in excess of the allowance authorized to be paid under section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. "(2) Such allowance shall be based on—
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