10 U.S.C. § 1610 : US Code - Section 1610: Reductions and other adjustments in force

Search 10 U.S.C. § 1610 : US Code - Section 1610: Reductions and other adjustments in force

(a) In General. - 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 sections 3501(b) and 3502
of title 5.
(b) Matters To Be Given Effect. - The regulations shall give
effect to the following:
(1) Tenure of employment.
(2) Military preference, subject to sections 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) Regulations Relating to Defense Intelligence SES. - 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) Right of Appeal. - (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) Consultation With OPM. - Regulations under this section shall
be prescribed in consultation with the Director of the Office of
Personnel Management.