2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 83 - Civilian Defense Intelligence Employees (Sections 1601 - 1623)
Subchapter I - Defense-Wide Intelligence Personnel Policy (Sections 1601 - 1614)
Sec. 1612 - Merit system principles and civil service protections: applicability
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 1612 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-201, div. A, title XVI, §1632(d), Sept. 23, 1996, 110 Stat. 2750. |
Statutes at Large Reference | 110 Stat. 2750 |
Public and Private Law | Public Law 104-201 |
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(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, §1632(d), Sept. 23, 1996, 110 Stat. 2750.)
EFFECTIVE DATESection 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.
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