Merit Systems Protection Board – Federal Register Recent Federal Regulation Documents
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Performance Review Board Membership
The Merit Systems Protection Board announces the appointment of the members of its Senior Executive Service Performance Review Board. This notice supersedes all previous notices regarding the Performance Review Board membership.
Organization and Procedures
This interim final rule updates adjudicatory and operational regulations of the Merit Systems Protection Board (MSPB or Board) to increase efficiency in processing of MSPB appeals, as well as to address potential flaws in its prior regulations.
Public Availability of the Merit Systems Protection Board FY 2021 Service Contract Inventory
The Merit Systems Protection Board (MSPB) publishes this notice to advise the public of the availability of its FY 2021 Service Contract Inventory as required by the Consolidated Appropriations Act of 2010. This inventory provides information on service contract actions over $25,000 awarded in FY 2021. The inventory was developed in accordance with guidance issued on November 5, 2010, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). The OFPP's guidance is available at: https:// obamawhitehouse.archives.gov/sites/default/files/omb/procurem ent/memo/ service-contract-inventories-guidance-11052010.pdf. The MSPB posted its inventory on its website at https://www.mspb.gov/publicaffairs/ contracting.htm.
Appellate Jurisdiction Update
This final rule updates the list of sources from which the Merit Systems Protection Board (MSPB) derives appellate jurisdiction.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Appellate Jurisdiction Update
This proposed rule updates the list of sources from which the Merit Systems Protection Board (MSPB) derives appellate jurisdiction.
Organization and Procedures
The Merit Systems Protection Board (MSPB or the Board) is launching an updated electronic filing (e-filing) system, e-Appeal, on October 2, 2023, in support of MSPB's agency-wide initiative to modernize its technology, gain new efficiencies, and improve the e- filing experience for our external users. MSPB hereby amends its rules of practice and procedure to require all pleadings filed by agencies and attorneys who represent appellants in MSPB proceedings to be electronically filed (e-filed). This requirement will apply to all pleadings in all adjudicatory proceedings before the Board except those specifically excluded by this interim final rule.
Public Availability of the Merit Systems Protection Board Fiscal Year (FY) 2020 Service Contract Inventory
The Merit Systems Protection Board (MSPB) is publishing this notice to advise the public of the availability of its FY 2020 Service Contract Inventory as required by the Consolidated Appropriations Act of 2010. This inventory provides information on service contract actions over $25,000 awarded in FY 2020. The inventory was developed in accordance with guidance issued on November 5, 2010, by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). The OFPP's guidance is available at: https:// obamawhitehouse.archives.gov/sites/default/files/omb/procurem ent/memo/ service-contract-inventories-guidance-11052010.pdf. The MSPB posted its inventory on its website at https://www.mspb.gov/publicaffairs/ contracting.htm.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the U.S. Merit Systems Protection Board (MSPB) proposes to establish a new system of records titled ``MSPB-4, Emergency Alert System.'' This system of records includes information that MSPB collects, maintains, and uses for operational response to critical events to ensure the safety and security of MSPB personnel and physical locations, as well as to keep MSPB personnel up to date on emergencies that may impact MSPB personnel and operations, such as active shooter situations, terrorist attacks, or severe weather conditions.
Agency Information Collection Activities; Proposed Collection; Comment Request
The U.S. Merit Systems Protection Board (MSPB or Board) is seeking approval of a new Information Collection Request (ICR) in accordance with the Paperwork Reduction Act (PRA). The ICR will be submitted to the Office of Management and Budget (OMB) for review and clearance. This information collection is part of MSPB's statutory mission to adjudicate appeals of certain Federal agency personnel and retirement actions and certain alleged violations of law. The information collection instruments consist of the Initial Appeal Form (Form 185) in different collection mediums: paper, PDF, and through MSPB's electronic filing system, e-Appeal. Through this collection and approval process, MSPB is complying with normal clearance procedures. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.
Agency Information Collection Activities; Reinstatement of a Previously Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The U.S. Merit Systems Protection Board (MSPB) is seeking to reinstate a previously approved information collection in accordance with the Paperwork Reduction Act (PRA) of 1995. MSPB will submit the information collection abstracted below, OMB No. 3124-0015, to the Office of Management and Budget (OMB) pursuant to the PRA for review and clearance. MSPB's Information Collection Request (ICR) expired on May 31, 2023. The ICR describes the nature of the information collection and its expected burden. This information collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. MSPB is requesting public comments. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.
Agency Information Collection Activities; Reinstatement and Revision of a Previously Approved Information Collection; Comment Request
The U.S. Merit Systems Protection Board (MSPB) is seeking to reinstate and revise a previously approved information collection in accordance with the Paperwork Reduction Act (PRA) of 1995. The Information Collection Request (ICR) will be submitted to the Office of Management and Budget (OMB) pursuant to the PRA for review and clearance. This information collection, entitled, ``Generic Clearance Request for Voluntary Customer Surveys,'' OMB Control No. 3124-0012, is part of MSPB's efforts to improve customer service delivery. The information collection instruments consist of short customer-focused surveys distributed through Qualtrics, MSPB's survey platform. MSPB is requesting public comments. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.
Agency Information Collection Activities; Proposed Collection; Comment Request
The U.S. Merit Systems Protection Board (MSPB or Board) is seeking approval of a new Information Collection Request (ICR) in accordance with the Paperwork Reduction Act (PRA). The ICR will be submitted to the Office of Management and Budget (OMB) for review and clearance. This information collection is part of MSPB's statutory mission to adjudicate appeals of certain Federal agency personnel and retirement actions and certain alleged violations of law. The information collection instruments consist of the Initial Appeal Form in different collection mediums: paper, PDF, and through MSPB's electronic filing system, e-Appeal. Through this collection and approval process, MSPB is complying with normal clearance procedures. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to the OMB.
Agency Information Collection Activities: Renewal of a Currently Approved Information Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The Merit Systems Protection Board (MSPB), as part of its continuing effort to reduce paperwork and respondent burden, is seeking a three-year renewal, without change, from the Office of Management and Budget (OMB), of a currently approved Information Collection Request (ICR) entitled: ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' and identified by OMB Control No. 3124-0015, as required by the Paperwork Reduction Act of 1995 (PRA). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. MSPB is soliciting comments on this renewal, without change, of a previously approved collection set to expire on May 31, 2023. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to the OMB.
Agency Information Collection Activities; Reinstatement and Revision of a Previously Approved Information Collection; Comment Request
The U.S. Merit Systems Protection Board (MSPB) is seeking to reinstate and revise a previously approved information collection in accordance with the Paperwork Reduction Act (PRA). The Information Collection Request (ICR) will be submitted to the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act (PRA) of 1995 for review and clearance. This information collection, entitled, Customer Surveys, OMB Control No. 3124-0012, is part of MSPB's efforts to improve customer service delivery. The information collection instruments consist of short customer-focused surveys distributed through Qualtrics, MSPB's survey platform. In accordance with agency regulations, MSPB is requesting public comments. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974 (Privacy Act), the U.S. Merit Systems Protection Board (MSPB) proposes to establish a new system of records titled ``MSPB3, Reasonable Accommodations.'' This system of records includes information that MSPB collects, maintains, and uses on applicants for employment and employees who request and/or receive reasonable accommodations from MSPB for medical or religious reasons.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974 (Privacy Act), the U.S. Merit Systems Protection Board (MSPB or Board) proposes to establish a new MSPB system of records titled ``Surveys for Special Studies of the Civil Service.'' This system of records contains information that MSPB collects, maintains, and uses in order to develop and administer the Merit Principles Survey (MPS) and other surveys for special studies of the civil service and to evaluate and distribute the results of such surveys. This system of records will be included in MSPB's inventory of record systems.
Notice of Guidance Portal
Pursuant to Executive Order 13891 and OMB Memorandum M-20-02, the Merit Systems Protection Board (MSPB) is noticing the March 3, 2020 launch of a single, searchable, indexed database containing all MSPB guidance documents currently in effect.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Notice of Opportunity To Submit Ideas for Merit Systems Studies
The U.S. Merit Systems Protection Board (MSPB) is updating its research agenda and seeks suggestions about possible topics of study.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Membership of the Merit Systems Protection Board's Performance Review Board
Notice is hereby given of the members of the Merit Systems
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
This notice announces that the U.S. Merit Systems Protection Board (MSPB) will submit the information collection abstracted below, OMB No. 3124-0015, to the Office of Management and Budget (OMB) for review and clearance of an extension, without change, of a currently approved collection in accordance with the requirements of the Paperwork Reduction Act of 1995. MSPB's Information Collection Request (ICR) is set to expire on April 30, 2018. The ICR describes the nature of the information collection and its expected burden. This information collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The Merit Systems Protection Board (MSPB), as part of its continuing effort to reduce paperwork and respondent burden, is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB), entitled: ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' and identified by OMB Control No. 3124-0015, as required by the Paperwork Reduction Act of 1995 (PRA). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. MSPB is soliciting comments on this extension, without change, of a previously approved collection set to expire on April 30, 2018. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to the OMB.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Public Availability of the Merit Systems Protection Board FY 2015 Service Contract Inventory
The Merit Systems Protection Board (MSPB) is publishing this notice to advise the public of the availability of its FY 2015 Service Contract Inventory as required by the Consolidated Appropriations Act of 2010. This inventory provides information on service contract actions over $25,000 awarded in FY 2015. The inventory was developed in accordance with guidance issued on November 5, 2010 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). The OFPP's guidance is available at: https:// obamawhitehouse.archives.gov/sites/default/files/omb/procurem ent/memo/ service-contract-inventories-guidance-11052010.pdf. The MSPB posted its inventory on its Web site at https://www.mspb.gov/contact/ contracting.htm.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure in this part to reflect the relocation of its Western Regional Office.
Civil Monetary Penalty Inflation Adjustment
This final rule adjusts the level of civil monetary penalties (CMPs) in regulations maintained and enforced by the Merit Systems Protection Board (MSPB) with both an initial ``catch-up'' and annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget (OMB) guidance.
Membership of the Merit Systems Protection Board's Performance Review Board
Notice is hereby given of the members of the Merit Systems Protection Board's Performance Review Board.
Membership of the Merit Systems Protection Board's Performance Review Board
Notice is hereby given of the members of the Merit Systems Protection Board's Performance Review Board.
Agency Information Collection Activities; Proposed Collection
The U.S. Merit Systems Protection Board (MSPB or the Board), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on an extension, without change, of a currently approved information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the Board's Appeal Form (MSPB Form 185) and corresponding e-Appeal Online system (e-Appeal). MSPB Form 185 and e-Appeal provides an efficient way for respondents to submit information required by the Board's regulations to initiate an appeal. The MSPB has requested an emergency extension of this information collection, which expires on May 31, 2016, for 90 days.
Notice of Opportunity To File Amicus Briefs
The Merit Systems Protection Board (MSPB or the Board) announces the opportunity to file amicus briefs in the matter of Mark Abernathy v. Department of the Army, MSPB Docket No. DC-1221-14-0364-W- 1, currently pending before the Board on petition for review. Additional information concerning the question on which the Board invites amicus briefing in Abernathy and the required format and length of amicus briefs can be found in the Supplementary Information below.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure to clarify that parties have a right to discovery under the MSPB's existing discovery procedures in compliance proceedings.
Agency Information Collection Activities; Proposed Collection
In compliance with the Paperwork Reduction Act (PRA), the U.S. Merit Systems Protection Board (MSPB) announces that it is planning to submit a request for a three-year extension of an Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting this ICR to OMB for review and approval, MSPB is soliciting comments on specific aspects of the proposed information collection as described below.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure in order to correct a minor drafting error in the Board's regulations.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) hereby amends its regulations governing how jurisdiction is established over Board appeals.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board) is adopting as final an interim rule that adapted the Board's regulations to legislative changes which created new laws applicable to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs.
Special Panel; Oral Argument; Reynaldo Alvara v. Department of Homeland Security
Notice is hereby given of the oral argument in the case of Reynaldo Alvara v. Department of Homeland Security (MSPB Docket No. DA- 0752-10-0223-E-1 and EEOC Petition No. 0320110053) before the Special Panel comprised of Dennis P. Walsh, Chairman, Special Panel; Anne M. Wagner, Vice Chairman, Merit Systems Protection Board; and Chai R. Feldblum, Commissioner, Equal Employment Opportunity Commission. See 5 U.S.C. 7702(d) and 5 CFR 1201.171.
Practices and Procedures; Appeal of Removal or Transfer of Senior Executive Service Employees of the Department of Veterans Affairs; Corrections
The Merit Systems Protection Board (MSPB or the Board) published an interim final rule in the Federal Register on August 19, 2014, amending its rules of practice and procedure to adapt the Board's regulations to legislative changes that have created new laws applicable to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs. This document corrects the interim final rule by revising these sections.
Practices and Procedures; Appeal of Removal or Transfer of Senior Executive Service Employees of the Department of Veterans Affairs
The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure to adapt the Board's regulations to legislative changes that have created new laws applicable to the removal or transfer of Senior Executive Service employees of the Department of Veterans Affairs.
Sunshine Act Meeting
Notice is hereby given of the scheduling of a Sunshine Act Meeting on the proposed 2015-2018 research agenda of the Merit System Protection Board's Office of Policy and Evaluation.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
As part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery, the Merit Systems Protection Board (MSPB) submitted a Generic Information Collection Request (Generic ICR), ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery,'' to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).
Request for Information: Attorneys Interested in Representing Appellate Clients Pro Bono
The Merit Systems Protection Board (MSPB or the Board) invites all attorneys interested in providing pro bono representation to pro se appellants in their appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit to submit their names and contact information to MSPB.
Notice of Opportunity To Submit Ideas for Merit Systems Studies
The U.S. Merit Systems Protection Board (MSPB or Board) is updating its research agenda and seeks suggestions about possible topics of study.
Agency Information Collection Activities: Proposed Collection; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
The Merit Systems Protection Board (MSPB), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to take this opportunity to comment on the ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' for approval under the Paperwork Reduction Act (PRA). This collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. This notice announces our intent to submit this collection to the Office of Management and Budget (OMB) for approval and solicits comments on specific aspects for the proposed information collection.
Practices and Procedures
The Merit Systems Protection Board (MSPB or the Board), following an internal review of MSPB regulations and after consideration of comments received from MSPB stakeholders, is proposing to amend its rules of practice and procedure by amending its regulations governing how jurisdiction is established over Board appeals.
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