
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1609]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
           CHAPTER 83--CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES
 
        SUBCHAPTER I--DEFENSE-WIDE INTELLIGENCE PERSONNEL POLICY
 
Sec. 1609. Termination of defense intelligence employees

    (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 
    States; and
        (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 Defense.
    (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.

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 
110 Stat. 2748.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 1590(e) and 1604(e) of this title prior to repeal by Pub. L. 
104-201, Secs. 1632(a)(3), 1633(a).


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 1613 of this title.
