110 STAT. 2748 PUBLIC LAW 104-201—SEPT. 23, 1996 "(2) does not satisfy functional or program management criteria for being designated a Defense Intelligence Senior Executive Service position; and "(3) has no more than minimal supervisory responsibilities. "(b) REGULATIONS. —Subsection (a) shall be carried out in accordance with regulations prescribed by the Secretary of Defense.
- '§ 1608. Time-limited appointments
"(a) AUTHORITY FOR TIME-LIMITED APPOINTMENTS. — The Secretary of Defense may by regulation authorize appointing officials to make time-limited appointments to defense intelligence positions specified in the regulations. "(b) REVIEW OF USE OF AUTHORITY.— The Secretary of Defense shall review each time-limited appointment in a defense intelligence position at the end of the first year of the period of the appointment and determine whether the appointment should be continued for the remainder of the period. The continuation of a time-limited appointment after the first year shall be subject to the approval of the Secretary. "(c) CONDITION ON PERMANENT APPOINTMENT TO DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE. —An employee serving in a defense intelligence position pursuant to a time-limited appointment is not eligible for a permanent appointment to a Defense Intelligence Senior Executive Service position (including a position in which the employee is serving) unless the employee is selected for the permanent appointment on a competitive basis. "(d) TIME-LIMITED APPOINTMENT DEFINED. — In this section, the term 'time-limited appointment' means an appointment (subject to the condition in subsection (b)) for a period not to exceed two years. '^§ 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 employ- ment 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.�