(a) Termination Authority. - 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
(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) Finality. - 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
(c) Notification to Congressional Committees. - 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) 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 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) 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 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.