Merit Systems Protection Board – Federal Register Recent Federal Regulation Documents

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.

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.

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.

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.

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.

The U.S. Merit Systems Protection Board (MSPB) is updating its research agenda and seeks suggestions about possible topics of study.

Notice is hereby given of the members of the Merit Systems

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.

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.

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.

Notice is hereby given of the members of the Merit Systems Protection Board's Performance Review Board.

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.

In this document, the Bureau of Prisons makes a minor technical amendment to its regulations on contraband and inmate personal property to maintain consistency in language which describes the purpose of the regulations as ensuring the safety, security, or good order of the facility or protection of the public.

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.

The Merit Systems Protection Board (MSPB or the Board) hereby amends its regulations governing how jurisdiction is established over Board appeals.

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.

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.

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.).

The U.S. Merit Systems Protection Board (MSPB or Board) is updating its research agenda and seeks suggestions about possible topics of study.

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.

Notice is hereby given of the members of the Merit Systems Protection Board's Performance Review Board.

The Merit Systems Protection Board (MSPB or the Board) is amending its rules of practice and procedure to reflect the relocation of its Washington Regional Office.

The Merit Systems Protection Board (MSPB or the Board) hereby amends its rules of practice and procedure to conform the Board's regulations to legislative changes that amended whistleblower protections for Federal employees and the penalties available in cases where the MSPB determines that a Federal employee or a State or local officer or employee violated restrictions on partisan political activity.

The Merit Systems Protection Board (MSPB or Board) hereby amends its rules of practice and procedure to allow federal agencies, when issuing a decision notice to an employee on a matter that is appealable to MSPB, to satisfy the obligation to provide a copy of the MSPB appeal form (MSPB Form 185) to an employee by providing the employee with access to a copy of the appeal form, i.e., in paper or electronic form.

The Merit Systems Protection Board (MSPB or Board) announces the opportunity to file amicus briefs in the matter of Barbara R. King v. Department of the Air Force, MSPB Docket Number DA-0752-09-0604-P-1, currently pending before the Board on interlocutory appeal. The administrative judge certified for interlocutory review the question of whether the provisions of the Whistleblower Protection Enhancement Act of 2012 (WPEA), 112 Public Law 199, with regard to damages may be applied retroactively to cases pending prior to its effective date. Of particular relevance in King is the question of the retroactive effect of section 107(b) of the WPEA, which addresses damages available to individuals who have suffered reprisal for protected disclosures or activities. Prior to enactment of the WPEA, the corrective action available to such individuals under the Whistleblower Protection Act (WPA) included reasonable and foreseeable consequential damages, but not compensatory, or non-pecuniary, damages. See Bohac v. Department of Agriculture, 239 F.3d 1334, 1337-43 (Fed. Cir. 2001). However, under section 107(b) of the WPEA, corrective action may also include ``compensatory damages (including interest, reasonable expert witness fees, and costs).'' Therefore, the Board must determine in King whether to apply the WPEA standard or the WPA standard in determining what corrective action is available in appeals pending prior to the effective date of the WPEA. In King, the appellant's protected disclosures and the agency's retaliatory personnel action occurred in 2009. The appellant filed her initial Board appeal in 2009, and the administrative judge issued an initial decision on October 3, 2012, finding, in relevant part, that the appellant established reprisal for whistleblowing. The initial decision became the final decision of the Board on November 7, 2012, after neither party filed a petition for review. The appellant filed her request for compensatory damages on December 17, 2012. The WPEA was enacted on November 27, 2012, and became effective on December 27, 2012. Interested persons or organizations may submit amicus briefs or other comments on the question presented in King no later than April 12, 2013. Amicus briefs must be filed with the Clerk of the Board. Briefs shall not exceed 30 pages in length. The text shall be double- spaced, except for quotations and footnotes, and the briefs shall be on 8\1/2\ by 11 inch paper with one inch margins on all four sides. All amicus briefs received will be posted on the Board's Web site at www.mspb.gov/SignificantCases.