§1610 Reductions and Other Adjustments in Force

Summary

The Secretary of Defense must make rules for separating people in defense intelligence jobs during layoffs or other force changes. The rules cover Defense Intelligence Senior Executive Service and Intelligence Senior Level employees and apply even if sections 3501(b) and 3502 of title 5 say something different. The rules must take into account tenure, military preference (see sections 3501(a)(3) and 3502(b) of title 5), the veteran’s preference under section 3502(b) of title 5, performance, and length of service as computed in the second sentence of section 3502(a) of title 5. Rules for removing Defense Intelligence SES members must follow section 3595(a) of title 5. Employees must have a right to appeal personnel actions under these rules. Appeals will be decided inside the Department of Defense and the final decision at the highest level in the rules cannot be reviewed outside DoD. A covered action is not subject to other legal appeal procedures, except that a preference eligible under section 7511(a)(1)(B) may choose to appeal to the Merit Systems Protection Board under section 7701 of title 5. The Secretary must write the rules after consulting the Director of the Office of Personnel Management.