§1610 Reductions and Other Adjustments in Force

Summary

The Secretary of Defense must write rules for separating defense intelligence employees, including members of the Defense Intelligence Senior Executive Service and Intelligence Senior Level employees, when there is a reduction in force or other staff adjustment. The rules apply even if parts of title 5 (sections 3501(b) and 3502) would normally apply. The rules must cover tenure, military and veterans’ preference (see sections 3501(a)(3) and 3502(b) of title 5), performance, and length of service as calculated under the second sentence of section 3502(a) of title 5. Removals from the Defense Intelligence Senior Executive Service must follow section 3595(a) of title 5. The rules must give employees a right to appeal personnel actions inside the Department of Defense, and the final DoD decision cannot be reviewed outside DoD. A covered action is not subject to other laws that give appeal rights. A preference eligible under section 7511(a)(1)(B) of title 5 may instead choose to have the Merit Systems Protection Board decide the appeal, with section 7701 of title 5 applying. The Secretary must make the rules in consultation with the Director of the Office of Personnel Management.