§1612 — Title 10 Armed Forces | U.S. Code

Summary

Section 2301 of title 5 must be followed when officials use the authority in this subchapter, except for sections 1605 and 1611. If a job that was created under some other law is later reestablished as an excepted service job under section 1601(a)(1), and the person already had certain civil‑service protections that would otherwise stop applying, those protections continue for that person as long as they keep serving in the job without a break. The protections that can continue are section 2302 of title 5 (prohibited personnel practices) and chapter 75 of title 5 (adverse actions). An employee covered by this rule can choose to have an appeal of an adverse action handled inside the Department of Defense, and the Secretary of Defense must set the procedures for how to start and decide those appeals.

Title 10, §1612

Armed Forces — Source: USLM XML via OLRC

(a)Section 2301 of title 5 shall apply to the exercise of authority under this subchapter (other than section 1605 and 1611).

(b)(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).

Statutory Notes and Related Subsidiaries

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.

§1612 Merit system principles and civil service protections: applicability

Summary

Title 10, §1612

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata