---
kind: "section"
citation: "10 U.S.C. § 1612"
title: "10"
title_heading: "Armed Forces"
number: "1612"
heading: "Merit system principles and civil service protections: applicability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1612"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 83 — Civilian Defense Intelligence Employees"
  - "Subchapter I — Defense-Wide Intelligence Personnel Policy"
---

# §1612. Merit system principles and civil service protections: applicability

- (a) **Applicability of Merit System Principles.—** [Section 2301 of title 5](/usc/5/2301.md) shall apply to the exercise of authority under this subchapter (other than sections [1605](/usc/10/1605.md) and [1611](/usc/10/1611.md)).
- (b) **Civil Service Protections.—**
  - (1) If, in the case of a position established under authority other than [section 1601(a)(1) of this title](/usc/10/1601.md?p=a-1) that is reestablished as an [excepted service](/usc/10/1614.md?p=4) position under that section, the provisions of law referred to in [paragraph (2)](#b-2) applied to the [person](/usc/10/2700.md?p=2) serving in that position immediately before the position is so reestablished and such provisions of law would not otherwise apply to the [person](/usc/10/2700.md?p=2) while serving in the position as so reestablished, then such provisions of law shall, subject to [paragraph (3)](#b-3), continue to apply to the [person](/usc/10/2700.md?p=2) with respect to service in that position for as long as the [person](/usc/10/2700.md?p=2) continues to serve in the position without a break in service.
  - (2) The provisions of law referred to in [paragraph (1)](#b-1) are the following provisions of [title 5](/usc/5.md):
    - (A) [Section 2302](/usc/10/2302.md), relating to prohibited personnel practices.
    - (B) [Chapter 75](/usc/10/chstA/ptII/ch75.md), relating to adverse actions.
  - (3)
    - (A) Notwithstanding any provision of [chapter 75](/usc/5/chptIII/sptF/ch75.md) of title 5, an appeal of an adverse action by an individual employee covered by [paragraph (1)](#b-1) shall be determined within the [Department](/usc/10/101.md?p=a-6) of Defense if the employee so elects.
    - (B) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under [subparagraph (A)](#b-3-A).

## Source credit

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

## Notes

### 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.