(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
3502 of title
(b) Matters To Be Given Effect.— The regulations shall give effect to the following:
(3)The veteran’s preference under section
3502(b) of title
(5)Length of service computed in accordance with the second sentence of section
3502(a) of title
(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
(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.
Section effective Oct. 1, 1996, see section 1635 ofPub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section
1593 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Statutes at Large
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