PUBLIC LAW 104-93-JAN. 6, 1996 109 STAT. 971 "(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 those factors. "(3) This subsection applies to employees who— "(A) are citizens or nationals of the United States; and "(B) are stationed outside the continental United States or in Alaska. "(e) TERMINATION OF EMPLOYEES.—(1) Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee of the Defense Intelligence Agency or the Central Imagery Office if the Secretary— "(A) considers such action to be in the interests of the United States; and "(B) determines that the procedures prescribed in other provisions of law that authorize the termination of the employ- ment of such employee cannot be invoked in a manner consistent with the national security. "(2) A decision by the Secretary of Defense to terminate the employment of an employee under this subsection is final and may not be appealed or re;viewed outside the Department of Defense. "(3) The Secretary of Defense shall promptly notify the Perma- Notification, nent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever the Secretary terminates the employment of any employee under the authority of this subsection. "(4) Any termination of employment under this subsection shall not affect the right of the employee involved to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. "(5) The authority of the Secretary of Defense under this subsection may be delegated only to the Deputy Secretary of Defense, the Director of the Defense Intelligence Agency (with respect to employees of the Defense Intelligence Agency), and the Director of the Central Imagery Office (with respect to employees of the Central Imagery Office). An action to terminate employment of an employee by any such officer may be appealed to the Secretary of Defense. " (f) DEFENSE INTELLIGENCE SENIOR LEVEL POSITIONS. —(1) In carrying out subsection (a)(1), the Secretary may designate positions described in paragraph (3) as Defense Intelligence Senior Level positions. The total number of positions designated under this subsection, when combined with the total number of positions in the Defense Intelligence Senior Executive Service under section 1601 of this title, may not exceed the total number of positions in the Defense Intelligence Senior Executive Service as of June 1, 1995. "(2) Positions designated under this subsection shall be treated as equivalent for purposes of compensation to the senior level positions to which section 5376 of title 5 is applicable. "(3) Positions that may be designated as Defense Intelligence Senior Level positions are positions in the Defense Intelligence Agency and Central Imagery Office that (A) are classified above
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