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10 U.S.C. § 1609 — Termination of defense intelligence employees
Federal law — U.S. Code and appendices · legal_authorities
**(a) Termination Authority.—** Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary—
(1) considers that action to be in the interests of the United States; and
(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security.
**(b) Finality.—** A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department of Defense.
**(c) Notification to Congressional Committees.—** Whenever the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional oversight committees of such termination.
**(d) Preservation of Right To Seek Other Employment.—** Any termination of employment under this section does 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.
**(e) Limitation on Delegation.—** The authority of the Secretary of Defense under this section may be delegated only to the Deputy Secretary of Defense, the head of an intelligence component of the Department of Defense (with respect to employees of that component), or the Secretary of a military department (with respect to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to the Secretary of Defense.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1609-termination-of-defense-intelligence-employees--3150f7c250.md
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Source location: Title 10, Chapter 83, § 1609; chapter-083-civilian-defense-intelligence-employees.md
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**(a) Termination Authority.—** Notwithstanding any other provision of law, the Secretary of Defense may terminate the employment of any employee in a defense intelligence position if the Secretary—
(1) considers that action to be in the interests of the United States; and
(2) determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security.
**(b) Finality.—** A decision by the Secretary of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the Department of Defense.
**(c) Notification to Congressional Committees.—** Whenever the Secretary of Defense terminates the employment of an employee under the authority of this section, the Secretary shall promptly notify the congressional oversight committees of such termination.
**(d) Preservation of Right To Seek Other Employment.—** Any termination of employment under this section does 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.
**(e) Limitation on Delegation.—** The authority of the Secretary of Defense under this section may be delegated only to the Deputy Secretary of Defense, the head of an intelligence component of the Department of Defense (with respect to employees of that component), or the Secretary of a military department (with respect to employees of that department). An action to terminate employment of such an employee by any such official may be appealed to the Secretary of Defense.
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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
**(a) Definitions** In this section:
(1) **Agency** — The term “agency” means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation.
(2) **Covered intelligence community element** — The term “covered intelligence community element”—
(A) means—
(i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
(ii) any executive agency or unit thereof determined by the President under [section 2302(a)(2)(C)(ii) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/C/ii&num=0&edition=prelim) to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and
(B) does not include the Federal Bureau of Investigation.
(3) **Personnel action** — The term “personnel action” means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—
(A) an appointment;
(B) a promotion;
(C) a disciplinary or corrective action;
(D) a detail, transfer, or reassignment;
(E) a demotion, suspension, or termination;
(F) a reinstatement or restoration;
(G) a performance evaluation;
(H) a decision concerning pay, benefits, or awards;
(I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appoint
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3238
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Federal law — U.S. Code and appendices · legal_authorities
Page 1540
TITLE 10—ARMED FORCES
§ 1607
2001—Subsec. (a). Pub. L. 107–107 substituted ‘‘544’’ for
‘‘517’’.
2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘517’’ for
‘‘492’’.
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.
§ 1607. Intelligence Senior Level positions
(a) DESIGNATION OF POSITIONS.—The Secretary
of Defense may designate as an Intelligence Sen-
ior Level position any defense intelligence posi-
tion that, as determined by the Secretary—
(1) is classifiable above grade GS–15 of the
General Schedule;
(2) does not satisfy functional or program
management criteria for being designated a
Defense Intelligence Senior Executive Service
position; and
(3) has no more than minimal supervisory
responsibilities.
(b) REGULATIONS.—Subsection (a) shall be car-
ried out in accordance with regulations pre-
scribed by the Secretary of Defense.
(c) AWARD OF RANK TO EMPLOYEES IN INTEL-
LIGENCE SENIOR LEVEL POSITIONS.—The Presi-
dent, based on the recommendations of the Sec-
retary of Defense, may award a rank referred to
in section 4507a of title 5 to employees in Intel-
ligence Senior Level positions designated under
subsection (a). The award of such rank shall be
made in a manner consistent with the provisions
of that section.
(Added Pub. L. 104–201, div. A, title XVI,
§ 1632(b), Sept. 23, 1996, 110 Stat. 2747; amended
Pub. L. 107–306, title V, § 503, Nov. 27, 2002, 116
Stat. 2407.)
Editorial Notes
REFERENCES IN TEXT
Grade GS–15 of the General Schedule, referred to in
subsec. (a)(1), is set out under section 5332 of Title 5,
Government Organization and Employees.
PRIOR PROVISIONS
A prio
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1609
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