
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1612]

 
                         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. 1612. Merit system principles and civil service 
        protections: applicability
        
    (a) Applicability of Merit System Principles.--Section 2301 of title 
5 shall apply to the exercise of authority under this subchapter (other 
than sections 1605 and 1611).
    (b) Civil Service Protections.--(1) If, in the case of a position 
established under authority other than section 1601(a)(1) of this title 
that is reestablished as an excepted service position under that 
section, the provisions of law referred to in paragraph (2) applied to 
the person serving in that position immediately before the position is 
so reestablished and such provisions of law would not otherwise apply to 
the person while serving in the position as so reestablished, then such 
provisions of law shall, subject to paragraph (3), continue to apply to 
the person with respect to service in that position for as long as the 
person continues to serve in the position without a break in service.
    (2) The provisions of law referred to in paragraph (1) are the 
following provisions of title 5:
        (A) Section 2302, relating to prohibited personnel practices.
        (B) Chapter 75, relating to adverse actions.

    (3)(A) Notwithstanding any provision of chapter 75 of title 5, an 
appeal of an adverse action by an individual employee covered by 
paragraph (1) shall be determined within the Department of Defense if 
the employee so elects.
    (B) The Secretary of Defense shall prescribe the procedures for 
initiating and determining appeals of adverse actions pursuant to 
elections made under subparagraph (A).

(Added Pub. L. 104-201, div. A, title XVI, Sec. 1632(d), Sept. 23, 1996, 
110 Stat. 2750.)


                             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.
