What Civil Service Reform Act 1978 - 5 USC 1101 Merit System Architecture requires
Section 1101 of title 5 of the United States Code, enacted as part of the Civil Service Reform Act of 1978 (Public Law 95-454, signed 13 October 1978) and effected through Reorganization Plan No. 2 of 1978, establishes the Office of Personnel Management (OPM) as an independent establishment in the executive branch. The Act simultaneously replaced the Civil Service Commission with three successor bodies: OPM (positive personnel-management functions including examinations, training, productivity programs, and pay and benefits administration), the Merit Systems Protection Board (hearing, adjudication, and appeals functions protecting federal employee rights, governed by a three-member bipartisan body), and the Federal Labor Relations Authority (central policymaking functions in labor-management relations, three full-time members with Senate confirmation). The Act codifies the nine merit system principles at 5 USC 2301 (recruitment from all segments of society, fair and equitable treatment, equal pay for work of equal value, high standards of integrity and conduct, efficient and effective use of the federal workforce, retention based on performance, education and training, protection from arbitrary action, protection of whistleblowers) and the eleven prohibited personnel practices at 5 USC 2302 (subsequently expanded to thirteen by the Whistleblower Protection Act 1989 and the Whistleblower Protection Enhancement Act 2012). The Act is the constitutional charter of the modern US federal civil service and frames the legal limits on AI-driven federal personnel management.
Pillar: Workplace · Authority: United States Congress (Office of the Law Revision Counsel) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/5/1101
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Primary Citations — 8 traced to source
- 5 USC 1101 (Office of Personnel Management establishment) https://www.law.cornell.edu/uscode/text/5/1101
- Civil Service Reform Act of 1978, Public Law 95-454, enacted 13 October 1978
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