unit (or subdivision) have as their primary
duty intelligence, counterintelligence, or
investigative work directly related to
terrorism investigation.
(2) Limitation relating to positions or
employees.--No position or employee within a unit (or
subdivision of a unit) as to which continued
recognition is given in accordance with paragraph (1)
shall be excluded from such unit (or subdivision), for
purposes of chapter 71 of such title 5, unless the
primary job duty of such position or employee--
(A) materially changes; and
(B) consists of intelligence,
counterintelligence, or investigative work
directly related to terrorism investigation.
In the case of any positions within a unit (or
subdivision) which are first established on or after
the effective date of this Act and any employees first
appointed on or after such date, the preceding sentence
shall be applied disregarding subparagraph (A).
(c) Waiver.--If the President determines that the
application of subsections (a), (b), and (d) would have a
substantial adverse impact on the ability of the Department to
protect homeland security, the President may waive the
application of such subsections 10 days after the President has
submitted to Congress a written explanation of the reasons for
such determination.
(d) Coordination Rule.--No other provision of this Act or
of any amendment made by this Act may be construed or applied
in a manner so as to limit, supersede, or otherwise affect the
provisions of this section, except to the extent that it does
so by specific reference to this section.
(e) Rule of Construction.--Nothing in section 9701(e) of
title 5, United States Code, shall be considered to apply with
respect to any agency or subdivision of any agency, which is
excluded from the coverage of chapter 71 of title 5, United
States Code, by virtue of an order issued in accordance with
section 7103(b) of such title and the preceding provisions of
this section (as applicable), or to any employees of any such
agency or subdivision or to any individual or entity
representing any such employees or any representatives thereof.

SEC. 843. [6 U.S.C. 413] USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERF