Merit Systems Protection Board
2026-09-08 · Notice
Agency Information Collection Activities: Renewal With Change of a Currently Approved Information Collection; Comment Request
Official abstract: The U.S. Merit Systems Protection Board (MSPB or Board) is seeking to renew with change a currently approved Information Collection Request (ICR) in accordance with the Paperwork Reduction Act (PRA). MSPB will submit the ICR 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 electronically 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.
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2026-09-03 · Rule
Determining the Appropriate Penalty for Federal Employees Charged With Misconduct
Official abstract: The Merit Systems Protection Board (MSPB or Board) is issuing a final rule amending its regulations governing the Board's review of the reasonableness of an agency's chosen penalty in misconduct-based adverse actions appealed to the Board. Under the final rule, the Board will no longer require consideration of the 12 factors set forth in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981), in every case. Instead, the Board will evaluate whether the agency's penalty is within the tolerable limits of reasonableness in light of the totality of the circumstances, determined on a case-by-case basis.
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2026-08-31 · Notice
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
Official abstract: The Merit Systems Protection Board (MSPB) is seeking to renew a currently 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) is set to expire on August 31, 2026. The ICR describes the nature of the information collection and its expected burden. MSPB developed this information collection as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. The purpose of this notice is to allow 30 days for public comment after submission of the collection to OMB.
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2026-08-12 · Rule
Appellate Jurisdiction Update II
Official abstract: The Merit Systems Protection Board (MSPB or Board) is amending its regulations to remove references to MSPB's jurisdiction over probationary termination, suitability, and reduction-in-force (RIF) appeals. This revision reflects the Office of Personnel Management's (OPM's) rescission of the MSPB's jurisdiction to hear these types of appeals. The rule retains MSPB's statutory jurisdiction over Foreign Service reduction-in-force appeals under 22 U.S.C. 4010a.
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2026-07-02 · Proposed Rule
Promoting Employee Accountability
Official abstract: The Office of Personnel Management (OPM) and Merit Systems Protection Board (MSPB or Board) are issuing proposed regulations governing performance-based reduction in grade and removal actions, non-disciplinary separations, and adverse actions, along with the MSPB's review of those actions, and proposing improved and additional training to supervisors. With this rule, OPM seeks to improve the accountability of employees for poor performance and misconduct by streamlining the administrative procedures used by agencies to take performance-based and adverse actions; and MSPB seeks to refocus its penalty review on a totality of the circumstances test rather than a rigid application of prescribed factors. The proposed rule also promotes transparency regarding employee poor performance and misconduct by restricting agencies' ability to engage in settlement agreements that remove official documentation of performance or conduct detrimental to the efficiency of the service.
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