---
kind: "section"
citation: "10 U.S.C. § 1609"
title: "10"
title_heading: "Armed Forces"
number: "1609"
heading: "Termination of defense intelligence employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1609"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 83 — Civilian Defense Intelligence Employees"
  - "Subchapter I — Defense-Wide Intelligence Personnel Policy"
---

# §1609. Termination of defense intelligence employees

- (a) **Termination Authority.—** Notwithstanding any other provision of law, the [Secretary](/usc/10/4951.md?p=3) of Defense may terminate the employment of any employee in a [defense intelligence position](/usc/10/1614.md?p=1) if the [Secretary](/usc/10/4951.md?p=3)—
  - (1) considers that action to be in the interests of the [United States](/usc/10/101.md?p=a-1); 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](/usc/10/801.md?p=16).
- (b) **Finality.—** A decision by the [Secretary](/usc/10/4951.md?p=3) of Defense to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside the [Department](/usc/10/101.md?p=a-6) of Defense.
- (c) **Notification to Congressional Committees.—** Whenever the [Secretary](/usc/10/4951.md?p=3) of Defense terminates the employment of an employee under the authority of this section, the [Secretary](/usc/10/4951.md?p=3) shall promptly notify the [congressional oversight committees](/usc/10/1614.md?p=3) 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](/usc/10/101.md?p=a-6) or [agency](/usc/10/3451.md?p=3) of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/4951.md?p=3) of Defense under this section may be delegated only to the Deputy [Secretary](/usc/10/4951.md?p=3) of Defense, the head of an [intelligence component of the Department of Defense](/usc/10/1614.md?p=2) (with respect to employees of that [component](/usc/10/3011.md?p=13)), or the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) (with respect to employees of that [department](/usc/10/101.md?p=a-6)). An action to terminate employment of such an employee by any such official may be appealed to the [Secretary](/usc/10/4951.md?p=3) of Defense.

## Source credit

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

## Notes

### Editorial Notes

### 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, §§ 1632(a)(3), 1633(a).

### Statutory Notes and Related Subsidiaries

### 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.