110 STAT. 2750 PUBLIC LAW 104-201—SEPT. 23, 1996 (d) ADDITIONAL PROVISIONS. —Such chapter is further amended by inserting after section 1611 (as so transferred and redesignated) the following new sections: "§ 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. Procedures. "(B) The Secretary of Defense shall prescribe the procedures for initiating and determining appeals of adverse actions pursuant to elections made under subparagraph (A).
- § 1613. Miscellaneous provisions
"(a) COLLECTIVE BARGAINING AGREEMENTS. — Nothing in sections 1601 through 1604 and 1606 through 1610 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an agency or office that is a successor to an agency or office covered by the agreement before the succession. "(b) NOTICE TO CONGRESS OF REGULATIONS. — The Secretary of Defense shall notify Congress of any regulations prescribed to carry out this subchapter (other than sections 1605 and 1611). Such notice shall be provided by submitting a copy of the regulations to the congressional oversight committees not less than 60 days before such regulations take effect. " § 1614. Definitions "In this subchapter: "(1) The term 'defense intelligence position' means a civilian position as an intelligence officer or intelligence employee of an intelligence component of the Department of Defense or of a military department. "(2) The term 'intelligence component of the Department of Defense' means any of the following: "(A) The National Security Agency. "(B) The Defense Intelligence Agency.