10 U.S.C. § 1612 : US Code - Section 1612: Merit system principles and civil service protections: applicability

Search 10 U.S.C. § 1612 : US Code - Section 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).