---
kind: "section"
citation: "10 U.S.C. § 1610"
title: "10"
title_heading: "Armed Forces"
number: "1610"
heading: "Reductions and other adjustments in force"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1610"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 83 — Civilian Defense Intelligence Employees"
  - "Subchapter I — Defense-Wide Intelligence Personnel Policy"
---

# §1610. Reductions and other adjustments in force

- (a) **In General.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations for the separation of employees in [defense intelligence positions](/usc/10/1614.md?p=1), 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](/usc/10/801.md?p=8) 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](/usc/5/3502.md?p=b).
  - (4) Performance.
  - (5) Length of service computed in accordance with the second sentence of [section 3502(a) of title 5](/usc/5/3502.md?p=a).
- (c) **Regulations Relating to Defense Intelligence SES.—** The regulations relating to [removal](/usc/10/2700.md?p=2) 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](/usc/5/3595.md?p=a).
- (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](/usc/10/101.md?p=a-6) of Defense. An appeal determined at the highest level provided in the regulations shall be final and not subject to review outside the [Department](/usc/10/101.md?p=a-6) 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)](#d-1), a [preference eligible](/usc/10/1614.md?p=5) referred to in [section 7511(a)(1)(B) of title 5](/usc/5/7511.md?p=a-1-B) may elect to have an appeal of a personnel action taken against the [preference eligible](/usc/10/1614.md?p=5) under the regulation determined by the Merit Systems Protection Board instead of having the appeal determined within the [Department](/usc/10/101.md?p=a-6) of Defense. [Section 7701 of title 5](/usc/5/7701.md) 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.

## Source credit

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

## Notes

### 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.