§1610 — Title 10 Armed Forces | U.S. Code

Summary

Secretary of Defense must make rules to separate defense intelligence staff, including Defense Intelligence Senior Executive Service (DISES) and Intelligence Senior Level (ISL), for reductions and adjustments. The rules apply notwithstanding sections 3501(b) and 3502 (title 5). They cover tenure, military and veteran preference (3501(a)(3), 3502(b)), performance, and length of service (second sentence of 3502(a)). Removals must follow section 3595(a). Rules must provide a final DoD appeal, but a preference eligible under 7511(a)(1)(B) may choose MSPB review under section 7701. Rules must be made with Director of OPM.

Title 10, §1610

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense shall prescribe regulations for the separation of employees in defense intelligence positions, including members of the Defense Intelligence Senior Executive Service and employees in Intelligence Senior Level positions, during a reduction in force or other adjustment in force. The regulations shall apply to such a reduction in force or other adjustment in force notwithstanding section 3501(b) and 3502 of title 5.

(b)The regulations shall give effect to the following:

(1)Tenure of employment.

(2)Military preference, subject to section 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)The regulations relating to removal from the Defense Intelligence Senior Executive Service in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5.

(d)(1)The regulations shall provide a right of appeal regarding a personnel 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 Department of Defense. A personnel action covered by the regulations is not subject to any other provision of law that provides appellate rights or procedures.

(2)Notwithstanding paragraph (1), a preference eligible referred to in section 7511(a)(1)(B) of title 5 may elect to have an appeal of a personnel action taken against the preference eligible under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the Department of Defense. Section 7701 of title 5 shall apply to any such appeal to the Merit Systems Protection Board.

(e)Regulations under this section shall be prescribed in consultation with the Director of the Office of Personnel Management.

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.

§1610 Reductions and other adjustments in force

Summary

Title 10, §1610

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata