
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2301]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                   CHAPTER 23--MERIT SYSTEM PRINCIPLES
 
Sec. 2301. Merit system principles

    (a) This section shall apply to--
        (1) an Executive agency; and
        (2) the Government Printing Office.

    (b) Federal personnel management should be implemented consistent 
with the following merit system principles:
        (1) Recruitment should be from qualified individuals from 
    appropriate sources in an endeavor to achieve a work force from all 
    segments of society, and selection and advancement should be 
    determined solely on the basis of relative ability, knowledge, and 
    skills, after fair and open competition which assures that all 
    receive equal opportunity.
        (2) All employees and applicants for employment should receive 
    fair and equitable treatment in all aspects of personnel management 
    without regard to political affiliation, race, color, religion, 
    national origin, sex, marital status, age, or handicapping 
    condition, and with proper regard for their privacy and 
    constitutional rights.
        (3) Equal pay should be provided for work of equal value, with 
    appropriate consideration of both national and local rates paid by 
    employers in the private sector, and appropriate incentives and 
    recognition should be provided for excellence in performance.
        (4) All employees should maintain high standards of integrity, 
    conduct, and concern for the public interest.
        (5) The Federal work force should be used efficiently and 
    effectively.
        (6) Employees should be retained on the basis of the adequacy of 
    their performance, inadequate performance should be corrected, and 
    employees should be separated who cannot or will not improve their 
    performance to meet required standards.
        (7) Employees should be provided effective education and 
    training in cases in which such education and training would result 
    in better organizational and individual performance.
        (8) Employees should be--
            (A) protected against arbitrary action, personal favoritism, 
        or coercion for partisan political purposes, and
            (B) prohibited from using their official authority or 
        influence for the purpose of interfering with or affecting the 
        result of an election or a nomination for election.

        (9) Employees should be protected against reprisal for the 
    lawful disclosure of information which the employees reasonably 
    believe evidences--
            (A) a violation of any law, rule, or regulation, or
            (B) mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public health 
        or safety.

    (c) In administering the provisions of this chapter--
        (1) with respect to any agency (as defined in section 
    2302(a)(2)(C) of this title), the President shall, pursuant to the 
    authority otherwise available under this title, take any action, 
    including the issuance of rules, regulations, or directives; and
        (2) with respect to any entity in the executive branch which is 
    not such an agency or part of such an agency, the head of such 
    entity shall, pursuant to authority otherwise available, take any 
    action, including the issuance of rules, regulations, or directives;

which is consistent with the provisions of this title and which the 
President or the head, as the case may be, determines is necessary to 
ensure that personnel management is based on and embodies the merit 
system principles.

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92 Stat. 
1113; amended Pub. L. 101-474, Sec. 5(c), Oct. 30, 1990, 104 Stat. 
1099.)


                               Amendments

    1990--Subsec. (a). Pub. L. 101-474 redesignated par. (3) as (2) and 
struck out former par. (2) which provided that this section is 
applicable to Administrative Office of United States Courts.


                             Effective Date

    Chapter effective 90 days after Oct. 13, 1978, see section 907 of 
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note 
under section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 4107, 4313, 5379 of 
this title; title 10 sections 1612, 1722; title 22 section 3902; title 
31 section 732; title 41 section 433.
