Sec. 105. Merit Principles; Protections for Members of the Service; and Minority Recruitment
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## Sec. 105 Merit Principles; Protections for Members of the Service; and Minority Recruitment **[**[22 U.S.C. 3905](/us/usc/t22/s3905)**]** ###
(a)####
(1)All personnel actions with respect to career members and career candidates in the Service (including applicants for career candidate appointments) shall be made in accordance with merit principles. ####
(2)For purposes of paragraph (1), the term “**personnel action**” means— #####
(A)any appointment, promotion, assignment (including assignment to any position or salary class), award of performance pay or special differential, within-class salary increase, separation, or performance evaluation, and #####
(B)any decision, recommendation, examination, or ranking provided for under this Act which relates to any action referred to in subparagraph (A). ###
(b)The Secretary shall administer the provisions of this Act and shall prescribe such regulations as may be necessary to ensure that members of the Service, as well as applicants for appointments in the Service— ####
(1)are free from discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under section 2302(b)(1) of title 5, United States Code; ####
(2)are free from reprisal for— #####
(A)a disclosure of information by a member of applicant which the member or applicant reasonably believes evidences— ######
(i)a violation of any law, rule, or regulation, or ######
(ii)mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or #####
(B)a disclosure to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency (including the Inspector General of the Department of State and the Foreign Service) or another employee designated by the head of the agency to receive such disclosures, of information which the member or applicant reasonably believes evidences— ######
(i)a violation of any law, rule, or regulation, or ######
(ii)mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; ####
(3)are free to submit to officials of the Service and the Department any report, evaluation, or recommendation, including the right to submit such report, evaluation, or recommendation through a separate dissent channel, whether or not the views expressed therein are in accord with approved policy, unless the report, evaluation, or recommendation was submitted with the knowledge that it was false or with willful disregard for its truth or falsity; and ####
(4)are free from any personnel practice prohibited by section 2302 of title 5, United States Code. ###
(c)This section shall not be construed as authorizing the withholding of information from the Congress or the taking of any action against a member of the Service who discloses information to the Congress. ###
(d)####
(1)The Secretary shall establish a minority recruitment program for the Service consistent with section 7201 of title 5, United States Code. ####
(2)The Secretary shall transmit, to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives, the Department's reports on its equal employment opportunity and affirmative action programs and its minority recruitment programs, which reports are required by law, regulation, or directive to be submitted to the Equal Employment Opportunity Commission
(EEOC)or the Office of Personnel Management (OPM). Each such report shall be transmitted to the Congress at least once annually, and shall be received by the Congress not later than 30 days after its original submission to the Equal Employment Opportunity Commission or the Office of Personnel Management. ###
(e)This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under— ####
(1)section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), prohibiting discrimination on the basis of race, color, religion, sex, or national origin; ####
(2)sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), prohibiting discrimination on the basis of age; ####
(3)section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), prohibiting discrimination on the basis of sex; ####
(4)sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791, 794a), prohibiting discrimination on the basis of disability; or ####
(5)any provision of law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation. ## chapter 2 Management of the Service
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- 42 USC 2000e–16
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Sec. 105
Merit Principles; Protections for Members of the Service; and Minority Recruitment
Cite42 USC 2000e–16
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