(a) Applicability of Merit System Principles.— Section
2301 of title
5 shall apply to the exercise of authority under this subchapter (other than sections
(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:
2302, relating to prohibited personnel practices.
(B)Chapter 75, relating to adverse actions.
(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).
Section effective Oct. 1, 1996, see section 1635 ofPub. L. 104–201, set out as an Effective Date of 1996 Amendment note under section
1593 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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