Rules and proposed rules

Promoting Employee Accountability

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.

Comments close Aug 3, 2026

Determining the Appropriate Penalty for Federal Employees Charged With Misconduct

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.

Appellate Jurisdiction Update II

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.

Appellate Jurisdiction Update

The Merit Systems Protection Board (MSPB or Board) is amending its regulations to remove certain appeal rights to MSPB for actions related to placement or movement of a civil service employee into an excepted service position without civil service protection. This rule reflects the Office of Personnel Management's (OPM's) recission of these rights.

Practices and Procedures

The Merit Systems Protection Board (MSPB or Board) is amending its rules of organization and procedure in this part to reflect the closure of its New York Field Office, and a change of address for its Washington 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 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.