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U.S. Merit Systems Protection Board
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	  MSPB’s FOIA Program
        e-FOIA Reading Room
        Submit a FOIA Request
      FOIA Regulations


      FOIA ReportsSearch and Site Index**Contact Us**
FOIA Public Liaison foia@mspb.gov (email) 
  (202) 653-7200 (phone)
	(202) 653-7130 (fax) Beginning Friday, September 29, 2023, you may submit requests through MSPB's FOIAXpress Public Access Link, available at PAL Application-Home (mspb.gov). For individuals who previously submitted requests to MSPB through the FOIAonline system, please note that the FOIAonline system is scheduled to be decommissioned on September 30, 2023 at 5:00 p.m. EST.  For questions concerning the decommissioning, including access to information stored in FOIAonline registered accounts, please refer to the FOIAonline Decommissioning FAQs.  All pending requests in MSPB's FOIAonline system will be migrated to MSPB's FOIAxpress system.

 
FREEDOM OF INFORMATION ACT (FOIA) REQUESTER SERVICE CENTER
	
	
	What records does MSPB have?
  How do I make a FOIA request?
	***New*** Can I submit a FOIA request electronically?
  How do I request information about myself?  
   How do I request information about an appellant I represent?
   Can I appeal the response to my FOIA or Privacy Act request?
   How do I make a routine use request?
  How can I receive additional information?**What  records does MSPB have?**
The Merit Systems Protection Board  (MSPB) posts many of its records on its website, including:  precedential and nonprecedential Board decisions, MSPB case reports, information on the appeal process, information on the Merit System  Principles, agency plans and reports, budget reports, MSPB studies, Issues of Merit newsletters, press releases, Federal Register notices, Board members’ biographies, agency organization chart, MSPB radio interviews, FOIA reports, and contact information.
Decisions of  the Board may be reviewed and downloaded from the MSPB website.  These decisions are generally available on  the next business day after issuance.   Initial decisions issued by administrative judges may be obtained  through a FOIA request, as described below.
Other public  records include information related to the Board's special studies and  oversight functions.  These studies are  performed by the Office of Policy & Evaluation and consist of reports,  reviews, monographs, and other similar records and background information  pertaining to the MSPB's published surveys, reviews, investigative reports, and  special studies.
Also  included are records that have been released in response to requests under the  Freedom of Information Act (FOIA) or Privacy Act that the Board believes may be  of continuing public interest.  Many of  these publications and records are available via the MSPB website search  functionality.
**Case Files**:  The  Board's appellate records are maintained in a system of records subject to the  Privacy Act of 1974.  These records are  related to MSPB's adjudicatory process and customarily include all of the  parties' pleadings – the written submissions that set out their claims, allegations,  arguments, and evidence – as well as verbatim hearing records and the notices,  orders, and decisions issued by the MSPB.  These records may contain correspondence  related to the specific cases, status letters, and requests for access to  records.  Access to these records is  provided in accordance with FOIA and the Privacy Act.  The Board's regulations implementing these  statutes are at 5 C.F.R. Parts 1204 and 1205,  respectively.
**Administrative Records:**  These  records are common to most Federal agencies and include records such as human resources, procurement, budget and  finance, travel, printing, and property.   Also included are records related to the administration of  Government-wide programs such as FOIA and the Privacy Act and other records  related to the Board's correspondence and communications with the public, other  Government agencies, members of Congress, and the White House.
**How do I make a FOIA request?**
A FOIA request can be made for any agency record.You can also  specify the format in which you wish to receive the records.You should be aware  that FOIA does not require agencies to do research for you, to analyze data, to  answer written questions, or to create records in response to a request.
 A FOIA request must be made in writing and must reasonably  describe the records you seek.You should identify what you seek as concisely as  possible so that an MSPB employee will be able to locate the requested records  within a reasonable amount of time and effort.  You  should include an email address or telephone number where you may be reached so  that MSPB may contact you if it is necessary to clarify your request.   Requests for records should be directed to the Office of the  Clerk of the Board.  Please visit the Contact  page for the mailing address and/or fax number.
  The FOIA and Privacy Act allow MSPB to assess fees to recover  the Government's cost for duplicating its records.  If the Board  determines that the duplication costs will exceed $100, we will contact you for  your consent to the charges before providing the records.  To avoid this  delay, indicate in your request the maximum amount of fees that you are willing  to pay for the records.  The Board will contact you before exceeding that  amount.
  **Can I submit a FOIA request electronically?**
  Yes!  Requesters may submit a FOIA request to MSPB through the National FOIA Portal or directly through MSPB's FOIAXpress Public Access Link, PAL Application-Home (mspb.gov).  Requesters who register with FOIAXpress can track the progress of each request, communicate directly with MSPB staff handling requests, and receive records electronically, eliminating potential mailing fees and delivery delays.
 
  Requests for records may also be sent via email to the Office of the  Clerk of the Board atfoia@mspb.gov.   For questions about submitting a FOIA request, please call MSPB's FOIA team at  (202) 254-4475 or (202) 653-7200.
**How do I  request information about myself?**
The Privacy Act of 1974, 5 U.S.C. § 552a, provides U.S.  citizens or permanent resident aliens with a right of access to information  concerning them that is maintained by any agency in the Executive Branch of the  Federal Government.  The Act also  established controls over what personal information the Federal Government  collects and how it uses or discloses that information.  MSPB publishes System of Record Notices (SORNs)  that identify its systems of records.  A  system of records is a group of records under the control of any agency where  the agency retrieves information in those records by the name of an individual  or by some other number, symbol, or particular that identifies an individual.
MSPB regulations at 5 C.F.R.  part 1205 set forth the provisions and procedures for submitting a Privacy Act or  Privacy Act amendment request.  An appellant  or their representative may submit a request for a complete copy of the  appellant's MSPB appeal file.  See 5 C.F.R. § 1201.53.  For many recent appeals, a complete copy of  an appeal file may be viewed and downloaded by the parties (appellants and  active appellant or agency representatives) through the e-Appeal Repository at https://e-appeal.mspb.gov/.  If your entire appeal file is not available  electronically through e-Appeal, or you do not wish to use the e-Appeal  Repository to access your file, you may submit a written request for a copy of  your appeal file by email to records@mspb.gov; fax to  (202) 653-7130; or mail to the Office of the Clerk of the Board, Attn: Privacy  Act Requests, U.S. Merit Systems Protection Board, 1615 M Street, NW,  Washington, DC 20419.
If you are seeking records on yourself, you are required to verify your  identity. See 5 C.F.R. §  1205.13.  This verification allows MSPB to  protect your privacy and ensure that private information about you is not  disclosed inappropriately to someone else.  Whenever you request information about  yourself you will be asked to provide either a notarized statement or a  statement signed under penalty of perjury stating that you are the person who  you say you are.  When you submit your  request, you must provide your full name, current address, and some piece of  information only you would be likely to know, such as your date of birth or  personal email address.  You must also:  (1) have your signature on your request letter  witnessed by a notary, or (2) include the following statement immediately above  the signature on your request letter:  "I  declare under penalty of perjury that the foregoing is true and correct.  Executed on [date]."  If you would like someone else to request  records on your behalf, the requestor must submit similar verification of their  identity and must include a Privacy Act waiver, agreement of representation,  court order of guardianship, etc.  If you  request information about yourself and do not follow one of these procedures,  your request cannot be processed.
The Privacy Act also allows individuals to submit a request for an “amendment”  of a record. Individuals who know or  suspect that information maintained about them in an MSPB system of records is  inaccurate, irrelevant, untimely, or incomplete may request that MSPB correct  or amend the information.  Only factual  information about an individual is subject to correction or amendment; MSPB’s  provisions at 5 C.F.R.  part 1205 are not intended to permit the alteration of evidence presented in the  course of adjudication before MSPB either before or after MSPB has rendered a  decision on the appeal.  See 77 FR 65206.  Additionally, the Privacy Act does not grant  a right to individuals to appeal adjudicatory rulings or determinations made by  MSPB concerning them; instead, the Board’s regulations at 5 C.F.R.  part 1201 provide options within the adjudicatory framework for individuals who  disagree with rulings in their appeals.
A Privacy Act amendment or correction request must also verify the  requester’s identity (see above) and should include:  a statement that the request is made pursuant  to the Privacy Act; a detailed description of the information to which the  request pertains; and a written statement explaining why the requester believes  that the information in question is not accurate, relevant, timely, or  complete.  A Privacy Act amendment  request should be sent by email to records@mspb.gov; fax to  (202) 653-7130; or mail to the Office of the Clerk of the Board, Attn: Privacy  Act Requests, U.S. Merit Systems Protection Board, 1615 M Street, NW,  Washington, DC 20419.
**How do I  request information about an appellant I represent?**
If you currently represent an appellant or are newly representing an  appellant during ongoing proceedings (initial appeal, petition for review, or  litigation), you must file a designation of representative in accordance with  the Board’s regulations at 5 C.F.R 1201.31.   (You may use MSPB’s Designation of Representative form available  on our website).  Once your designation of  representative is processed by MSPB, you can access the appellant’s case file  through the e-Appeal Repository.  For  general questions regarding e-Appeal or filing a designation of representative,  please contact the appropriate regional or field office or send an email to records@mspb.gov.
If you represent an appellant after the conclusion of MSPB proceedings,  or you need copies of pleadings not available through the e-Appeal Repository,  you must submit a Privacy Act request on behalf of your client.  Please send an email to records@mspb.gov explaining that you represent  an appellant and that you request a copy of their case file, and include the  MSPB docket number(s), if possible.  Please  specify in your request whether you desire an electronic or paper copy of the  case file or particular case file submissions.   You also must include an agreement of representation from the appellant  if you did not previously file a designation with MSPB.  (You may use MSPB’s Designation of Representative form available  on our website).  This allows MSPB to  protect the appellant’s privacy and ensure that private information about them  is not disclosed inappropriately to someone else.
Most MSPB case files do not contain a transcript.  Rather, the audio file of the hearing,  typically prepared by a court reporter, is deemed the official record of the  hearing.  5 C.F.R. § 1201.53(a).  For recent cases, many hearing audio files  are available for listening through the e-Appeal Repository; however, they are  not available for download at this time.   You may request a copy of the hearing CD by sending an email to records@mspb.gov.
For a copy of a transcript, if neither party has previously ordered a  transcript, then you need to contact the court reporter for the hearing.  You can obtain the court reporter’s  information by calling the regional or field office where the case was  adjudicated.  The transcript generally will  be at cost for the appellant or appellant’s attorney.  If one of the parties (or the administrative  judge) previously ordered a transcript, MSPB received a courtesy copy of the  transcript, which should be visible on the index in the e-Appeal Repository  under that docket number. If it is visible on the index but is not available for download, please email mspb@mspb.gov and request a copy.
**Can I appeal the response to my FOIA  or Privacy Act request?**
You  may file an administrative appeal if you are not satisfied with MSPB’s initial  response to your FOIA or Privacy Act request.  You will be advised of your right to file an  administrative appeal in the initial response.  All appeals must be made in writing and  addressed to the Chairman of the MSPB.  Appeals  may be submitted electronically through FOIAonline (for FOIA appeals***only***); email to foia@mspb.gov;  fax to (202) 653-7130; or by mail to:  Chairman, U.S. Merit Systems Protection  Board, Attn:  FOIA/Privacy Act Appeals,  1615 M Street, NW, Washington, DC 20419.   The appeal must be postmarked (or in the case of electronic submissions,  transmitted) within **90 days** after the date of the initial response.
There  is no specific form or particular language needed to file an administrative  appeal.  You should include the tracking  number assigned to your initial request, a copy of your initial request, and  MSPB’s initial response.  You should  explain what specific action you are appealing, such as MSPB's denial of access  (in whole or in part) to requested information; a determination that the  requested records do not exist; or a denial of a fee waiver request.
**How do I make a routine use request?**
On occasion, Executive Branch departments and agencies,  courts, or other entities need access to or a copy of an MSPB appeal file.  As explained above, usage of MSPB’s appeals  and case records is governed by MSPB’s System of Records Notice (SORN).  See 77  FR 65206.  The MSPB’s SORN  contains a list of routine uses, including categories of users and the purposes  of such uses, for records in this system.   A request by an agency, court, or other entity for access to or a copy  of an appeal file pursuant to a routine use must be submitted in writing, *describe the routine use that applies for  the requested disclosure*, and identify the responsible person acting on  behalf of the relevant entity.  Requests  may be sent via email to records@mspb.gov; fax to  (202) 653-7130; or mail to the Office of the Clerk of the Board, U.S. Merit  Systems Protection Board, 1615 M Street, NW, Washington, DC 20419.
**How can I receive  additional information?**
If you have additional questions about MSPB’s FOIA and Privacy Act  processes, please contact the FOIA Service Center liaison by email to foia@mspb.gov; phone at (202) 653-4475 or  (202) 653-7200; fax to (202) 653-7130; or mail to the Office of the Clerk of  the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW, Washington,  DC 20419.
  Additionally,  you may wish to review Your Right  to Federal Records, the Federal government’s general public information  brochure on access to Federal agency information.  The brochure provides guidance about using  the FOIA and the Privacy Act in a clear and easy to understand format.


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