Page:United States Statutes at Large Volume 92 Part 1.djvu/1167

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1113

be delegated in appropriate cases to the agencies to expedite processing appointments and other personnel actions, with the control and oversight of this delegation being maintained by the Office of Personnel Management to protect against prohibited personnel practices and the use of unsound management practices by the agencies; (6) a Senior Executive Service should be established to provide the flexibility needed by agencies to recruit and retain the highly competent and qualified executives needed to provide more effective management of agencies and their functions, and the more expeditious administration of the public business; (7) in appropriate instances, pay increases should be based on quality of performance rather than length of service; (8) research programs and demonstration projects should be authorized to permit Federal agencies to experiment, subject to congressional oversight, with new and different personnel management concepts in controlled situations to achieve more efficient management of the Government's human resources and greater productivity in the delivery of service to the public; (9) the training program of the Government should include retraining of employees for positions in other agencies to avoid separations during reductions in force and the loss to the Government of the knowledge and experience that these employees possess; and (10) the r i g h t of Federal employees to organize, bargain collectively, and participate through labor organizations in decisions which affect them, with full regard for the public interest and the effective conduct of public business, should be specifically recognized in statute. TITLE I—MEEIT SYSTEM PRINCIPLES MERIT SYSTEM P R I N C I P L E S; PROHIBITED PERSONNEL PRACTICES

SEC. 101. (a) Title 5, United States Code, is amended by inserting after chapter 21 the following new chapter:

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" C H A P T E R 23—MERIT S Y S T E M P R I N C I P L E S "Sec. "2301. Merit system principles. "2302. Prohibited personnel practices. "2303. Prohibited personnel practices in the Federal Bureau of Investigation. "2304. Responsibility of the General Accounting Office. "2305. Coordination with certain other provisions of law. "§ 2301. Merit system principles 5 USC 2301. " (a) This section shall apply to— " (1) an Executive agency; " (2) the Administrative Office of the United States C o u r t s; and J " (3) the Government P r i n t i n g 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.