
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: 10USC1610]

 
                         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. 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.

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1632(b), Sept. 23, 1996, 
110 Stat. 2749.)


                             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.
