10 U.S.C. § 1609 — Termination of defense intelligence em-

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 prior section 1607 was renumbered section 424 of this title. Provisions similar to those in this section were con- tained in section 1604(f)(1), (3) of this title prior to re- peal by Pub. L. 104–201, § 1632(a)(3). AMENDMENTS 2002—Subsec. (c). Pub. L. 107–306 added subsec. (c). 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. § 1608. Time-limited appointments (a) AUTHORITY FOR TIME-LIMITED APPOINT- MENTS.—The Secretary of Defense may by regu- lation authorize appointing officials to make time-limited appointments to defense intel- ligence positions specified in the regulations. (b) REVIEW OF USE OF AUTHORITY.—The Sec- retary of Defense shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the ap- pointment should be continued for the remain- der of the period. The continuation of a time- limited appointment after the first year shall be subject to the approval of the Secretary. (c) CONDITION ON PERMANENT APPOINTMENT TO DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERV- ICE.—An employee serving in a defense intel- ligence position pursuant to a time-limited ap- pointment is not eligible for a permanent ap- pointment to a Defense Intelligence Senior Ex- ecutive Service position (including a position in which the employee is serving) unless the em- ployee is selected for the permanent appoint- ment on a competitive basis. (d) TIME-LIMITED APPOINTMENT DEFINED.—In this section, the term ‘‘time-limited appoint- ment’’ means an appointment (subject to the condition in subsection (b)) for a period not to exceed two years. (Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2748.) Editorial Notes PRIOR PROVISIONS A prior section 1608 was renumbered section 1623 of this title. 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. § 1609. Termination of defense intelligence em- ployees (a) TERMINATION AUTHORITY.—Notwith- standing any other provision of law, the Sec- retary of Defense may terminate the employ- ment of any employee in a defense intelligence position if the Secretary— (1) considers that action to be in the inter- ests of the United States; and (2) determines that the procedures pre- scribed in other provisions of law that author- ize the termination of the employment of such employee cannot be invoked in a manner con- sistent with the national security. (b) FINALITY.—A decision by the Secretary of Defense to terminate the employment of an em- ployee under this section is final and may not be appealed or reviewed outside the Department of Defense. (c) NOTIFICATION TO CONGRESSIONAL COMMIT- TEES.—Whenever the Secretary of Defense ter- minates 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 employ- ment with any other department or agency of Page 1541 TITLE 10—ARMED FORCES § 1611 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 compo- nent of the Department of Defense (with respect to employees of that component), or the Sec- retary 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 Sec- retary of Defense. (Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2748.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 1590(e) and 1604(e) of this title prior to repeal by Pub. L. 104–201, §§ 1632(a)(3), 1633(a). 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. § 1610. Reductions and other adjustments in force (a) IN GENERAL.—The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, in- cluding members of the Defense Intelligence Senior Executive Service and employees in In- telligence Senior Level positions, during a re- duction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwith- standing sections 3501(b) and 3502 of title 5. (b) MATTERS TO BE GIVEN EFFECT.—The regu- lations shall give effect to the following: (1) Tenure of employment. (2) Military preference, subject to sections 3501(a)(3) and 3502(b) of title 5. (3) The veteran’s preference under section 3502(b) of title 5. (4) Performance. (5) Length of service computed in accordance with the second sentence of section 3502(a) of title 5. (c) REGULATIONS RELATING TO DEFENSE INTEL- LIGENCE SES.—The regulations relating to re- moval from the Defense Intelligence Senior Ex- ecutive Service in a reduction in force or other adjustment in force shall be consistent with sec- tion 3595(a) of title 5. (d) RIGHT OF APPEAL.—(1) The regulations shall provide a right of appeal regarding a per- sonnel action under the regulations. The appeal shall be determined within the Department of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the Depart- ment of Defense. A personnel action covered by the regulations is not subject to any other pro- vision of law that provides appellate rights or procedures. (2) Notwithstanding paragraph (1), a pref- erence eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a per- sonnel action taken against the preference eligi- ble under the regulation determined by the Merit Systems Protection Board instead of hav- ing the appeal determined within the Depart- ment of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board. (e) CONSULTATION WITH OPM.—Regulations under this section shall be prescribed in con- sultation with the Director of the Office of Per- sonnel Management. (Added Pub. L. 104–201, div. A, title XVI, § 1632(b), Sept. 23, 1996, 110 Stat. 2749.) 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. § 1611. Postemployment assistance: certain termi- nated intelligence employees (a) AUTHORITY.—Subject to subsection (c), the Secretary of Defense may, in the case of any in- dividual who is a qualified former intelligence employee, use appropriated funds— (1) to assist that individual in finding and qualifying for employment other than in a de- fense intelligence position; (2) to assist that individual in meeting the expenses of treatment of medical or psycho- logical disabilities of that individual; and (3) to provide financial support to that indi- vidual during periods of unemployment. (b) QUALIFIED FORMER INTELLIGENCE EMPLOY- EES.—For purposes of this section, a qualified former intelligence employee is an individual who was employed as a civilian employee of the Department of Defense in a sensitive defense in- telligence position— (1) who has been found to be ineligible for continued access to information designated as ‘‘Sensitive Compartmented Information’’ and employment in a defense intelligence position; or (2) whose employment in a defense intel- ligence position has been terminated. (c) CONDITIONS.—Assistance may be provided to a qualified former intelligence employee under subsection (a) only if the Secretary deter- mines that such assistance is essential to— (1) maintain the judgment and emotional stability of the qualified former intelligence employee; and (2) avoid circumstances that might lead to the unlawful disclosure of classified informa- tion to which the qualified former intelligence employee had access. (d) DURATION OF ASSISTANCE.—Assistance may not be provided under this section in the case of any individual after the end of the five-year pe- riod beginning on the date of the termination of the employment of the individual in a defense intelligence position. (Added Pub. L. 103–359, title VIII, § 806(a)(1), Oct. 14, 1994, 108 Stat. 3441, § 1599; amended Pub. L.