Laws & Regulation Citations
5 U.S.C §3331 Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
5 C.F.R. § 2635.101 Basic Obligation of Public Service
(a) Public service is a public trust. Each employee has a responsibility to the United States Government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain. To ensure that every citizen can have complete confidence in the integrity of the Federal Government, each employee shall respect and adhere to the principles of ethical conduct set forth in this section, as well as the implementing standards contained in this part and in supplemental agency regulations.
(b) General principles. The following general principles apply to every employee and may form the basis for the standards contained in this part. Where a situation is not covered by the standards set forth in this part, employees shall apply the principles set forth in this section in determining whether their conduct is proper.
(11) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
5 U.S.C. §2302(b)(8)(A)
Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of:
(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—
(i) any violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,
5 U.S.C. §1204(a)(3)
The Merit Systems Protection Board shall……report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected;
5 U.S.C. §2301(b) Merit Systems Principles
(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.
5 U.S.C. §2301(c) Presidential Duty
In administering the provisions of this chapter with respect to any agency, the President shall take any action…. including the issuance of rules, regulations, or directives…..which the President….. determines is necessary to ensure that personnel management is based on and embodies the merit system principles.
5 U.S.C. §1212(a)(1)
The Office of Special Counsel shall in accordance with section 1214(a) and other applicable provisions of this subchapter, protect (emphasis added) employees, former employees, and applicants for employment from prohibited personnel practices;
5 U.S.C. §2302(c)(2)(A)
The head of each agency shall be responsible for preventing prohibited personnel practices;
28 U.S.C. §512:
The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.