§1609 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense may fire any employee in a defense intelligence job when the Secretary believes it is in the United States’ interest and when using the usual legal procedures would risk national security. The firing is final and cannot be appealed or reviewed outside the Department of Defense. The Secretary must promptly notify the congressional oversight committees. A fired employee may seek other federal work if the Director of the Office of Personnel Management says they are eligible. The Secretary may delegate this only to the Deputy Secretary of Defense, the head of the relevant DoD intelligence component (for that component’s employees), or the Secretary of the employee’s military department; a termination by those officials may be appealed to the Secretary of Defense.

Title 10, §1609

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 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 Amendment note under section 1593 of this title.

§1609 Termination of defense intelligence employees

Summary

Title 10, §1609

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata