[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49589-49590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25301]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / 
Rules and Regulations

[[Page 49589]]


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MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1200


Board Organization

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Merit Systems Protection Board is amending its 
organization and functions statement to reflect changes in the Board's 
headquarters organization and assignment of functions. These changes 
have been made to further streamline the Board's headquarters 
operations, enabling the agency to continue performing its functions 
effectively at the reduced budget and staffing levels expected through 
fiscal year 2000.

EFFECTIVE DATE: September 23, 1997.

FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
(202) 653-7200.

SUPPLEMENTARY INFORMATION: In response to the second phase of the 
Administration's Reinventing Government initiative (REGO II), the 
Chairman of the Merit Systems Protection Board appointed a REGO II Task 
Force to review all Board operations and to make recommendations for 
changes in organization, functions, and procedures that would enable 
the agency to continue performing its functions effectively at the 
reduced budget and staffing levels expected through fiscal year 2000. 
In response to the recommendations of the Task Force, certain 
organizational and functional changes have been effected. This 
amendment to 5 CFR part 1200 reflects the following changes:
    The Office of the Administrative Law Judge and Regional Operations 
has been separated into two offices, the Office of the Administrative 
Law Judge and the Office of Regional Operations.
    The Administrative Law Judge will continue to hear all Special 
Counsel complaints for disciplinary action, including Hatch Act cases, 
and proposed actions against administrative law judges. The 
Administrative Law Judge will also hear other assigned cases.
    The Office of Regional Operations will manage the adjudicatory and 
administrative functions of the MSPB regional and field offices. 
References to the number of such offices have been removed.
    The responsibility for preparing proposed decisions for the Board 
in original jurisdiction cases has been reassigned from the Office of 
the General Counsel to the Office of Appeals Counsel. As a result, most 
processing of cases that are decided by the 3-member Board is now 
centralized in the Office of Appeals Counsel. The Office of the General 
Counsel remains responsible for preparing proposed decisions for the 
Board in cases that the Board assigns.
    Most of the Board's information services have been consolidated in 
the Office of the Clerk of the Board. Requests for non-case related 
information from the White House, Congress, and the media will continue 
to be handled by the Office of the General Counsel, and requests for 
information concerning the Board's studies will continue to be handled 
by the Office of Policy and Evaluation.
    The Office of Planning and Resource Management Services has been 
abolished, and its three divisions now report to the Chairman through 
the Chief of Staff.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1200

    Organization and functions (Government agencies).

    Accordingly, the Board amends 5 CFR part 1200 as follows:

PART 1200--[AMENDED]

     Subpart B--Offices of the Board, consisting of Sec. 1200.10, is 
revised to read as follows:

Subpart B--Offices of the Board

    Authority: 5 U.S.C. 1204 (h) and (j).


Sec. 1200.10  Staff organization and functions.

    (a) The Board's headquarters staff is organized into the following 
offices and divisions:
    (1) Office of Regional Operations.
    (2) Office of the Administrative Law Judge.
    (3) Office of Appeals Counsel.
    (4) Office of the Clerk of the Board.
    (5) Office of the General Counsel.
    (6) Office of Policy and Evaluation.
    (7) Office of Equal Employment Opportunity.
    (8) Financial and Administrative Management Division.
    (9) Human Resources Management Division.
    (10) Information Resources Management Division.
    (b) The principal functions of the Board's headquarters offices are 
as follows:
    (1) Office of Regional Operations. The Director, Office of Regional 
Operations, manages the adjudicatory and administrative functions of 
the MSPB regional and field offices.
    (2) Office of the Administrative Law Judge. The Administrative Law 
Judge hears Hatch Act cases, disciplinary action complaints brought by 
the Special Counsel, actions against administrative law judges, appeals 
of actions taken against MSPB employees, and other cases that the Board 
assigns.
    (3) Office of Appeals Counsel. The Director, Office of Appeals 
Counsel, prepares proposed decisions that recommend appropriate action 
by the Board in petition for review cases, original jurisdiction cases, 
and other cases assigned by the Board.
    (4) Office of the Clerk of the Board. The Clerk of the Board enters 
petitions for review and other headquarters cases onto the Board's 
docket and monitors their processing. The Clerk of the Board also does 
the following:
    (i) Serves as the Board's public information center, including 
providing information on the status of cases, distributing copies of 
Board decisions and publications, and operating the Board's Library and 
on-line information services;
    (ii) Manages the Board's records, reports, legal research, and 
correspondence control programs; and
    (iii) Answers requests under the Freedom of Information and Privacy 
Acts at the Board's headquarters, and answers other requests for 
information

[[Page 49590]]

except those for which the Office of the General Counsel or the Office 
of Policy and Evaluation is responsible.
    (5) Office of the General Counsel. The General Counsel provides 
legal advice to the Board and its headquarters and regional offices; 
represents the Board in court proceedings; prepares proposed decisions 
for the Board in cases that the Board assigns; coordinates legislative 
policy and performs legislative liaison; responds to requests for non-
case related information from the White House, Congress, and the media; 
and plans and directs audits and investigations.
    (6) Office of Policy and Evaluation. The Director, Policy and 
Evaluation, carries out the Board's statutory responsibility to conduct 
special reviews and studies of the civil service and other merit 
systems in the Executive Branch, as well as oversight reviews of the 
significant actions of the Office of Personnel Management. The office 
prepares the Board's reports of these reviews and studies, submits them 
to the President and the Congress, and makes them available to other 
interested individuals and organizations. The office is responsible for 
distributing the Board's reports and for responding to requests for 
information or briefings concerning them.
    (7) Office of Equal Employment Opportunity. The Director, Office of 
Equal Employment Opportunity, manages the Board's equal employment 
programs.
    (8) Financial and Administrative Management Division. The Financial 
and Administrative Management Division administers the budget, 
accounting, procurement, property management, physical security, and 
general services functions of the Board. It also develops and 
coordinates internal management programs and projects, including review 
of internal controls agencywide.
    (9) Human Resources Management Division. The Human Resources 
Management Division develops policies and manages the Board's human 
resources programs, including staffing, classification, employee 
relations, performance management, payroll, personnel security, and 
training and development functions.
    (10) Information Resources Management Division. The Information 
Resources Management Division develops, implements, and maintains the 
Board's automated information systems.
    (c) Regional and Field Offices. The Board has regional and field 
offices located throughout the country (See Appendix II to 5 CFR part 
1201 for a list of the regional and field offices). Judges in the 
regional and field offices hear and decide initial appeals and other 
assigned cases as provided for in the Board's regulations.

    Dated: September 18, 1997.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 97-25301 Filed 9-22-97; 8:45 am]
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