U.S. Merit Systems Protection Board 

Congressional 

Budget 

Justification 

FY 2025 

Prepared for the 

Committee on Appropriations 

March 2024 
Table of Contents 

Introduction ............................................................................................................................... 1 

Internal Challenges Affecting MSPB Operations ..................................................................................... 3 

External Events Affecting MSPB Operations ........................................................................................... 5 

FY 2025 Budget Request ........................................................................................................... 9 

Appropriation Language............................................................................................................................... 9 

Strategic Goals and Objectives .................................................................................................................... 9 

FY 2025 Request by Object Class............................................................................................................. 10 

Budget Schedule O - Object Classification (thousands of dollars) ...................................................... 15 

Budget Schedule Q - Employment Summary ......................................................................................... 16 

Conclusion .................................................................................................................................................... 16 

About MSPB ............................................................................................................................ 18 

Board Organization ..................................................................................................................................... 18 

Providing and Using Administrative Data for Statistical Purposes ...................................................... 18 

Adjudication ................................................................................................................................................. 18 

Mediation Appeals Program....................................................................................................................... 20 

Merit Systems Studies and OPM Oversight ............................................................................................ 20 

Publications Issued between FY 2022 – FY 2023 .................................................................................. 21 

Information Technology ............................................................................................................................. 22 

Human Resources ........................................................................................................................................ 22 

Financial Management ................................................................................................................................ 22 

Equal Employment Opportunity .............................................................................................................. 23 

Organization Chart ...................................................................................................................................... 24 

List of Abbreviations and Acronyms ............................................................................................................ 25 
 

The U.S. Merit Systems Protection Board 

Congressional Budget Justification 

Fiscal Year 2025 

Introduction 

The U.S. Merit Systems Protection Board’s (MSPB or Board) fiscal year (FY) 2025 budget request is 

$53,000,000, plus $3,075,000 to be transferred from the Civil Service Retirement and Disability 

Fund, for a total FY 2025 budget request of $56,075,000. The Office of Management and Budget 

(OMB) and the Office of Personnel Management (OPM) support an increase of $730,000 (from 

$2,345,000 to $3,075,000) in transfer authority from the Civil Service Retirement and Disability 

Fund to account for salary inflation.1 

MSPB’s FY 2025 budget request is consistent with the President’s Budget. This request contains an 

increase in budget authority for MSPB from our FY 2023 enacted level, but it is well short of both 

our FY 2024 request of $61,533,000 and our FY 2025 budget need of $63,410,000. Without 

additional funding, MSPB cannot hire up to the necessary full-time equivalent (FTE) level of 236 

positions. Instead, we are forced to keep our funded FTE level constrained to 190 FTEs in FY 

2024, resulting in numerous critical vacancies across the agency. 

Consequently, our ability to fully meet our mission continues to be compromised. Inadequate 

funding not only affects MSPB as an agency but also affects the parties that appear before us in 

delayed adjudication, possibly including accruing backpay, unaddressed mismanagement, and 

unchecked whistleblower retaliation. Additionally, the shortfall in funding affects our ability to fully 

staff our research and studies mission. Our studies prompt legislative and regulatory changes, 

contribute empirical evidence to critical debates about the merit systems, provide guidance to 

agencies, and track Federal employee perceptions of merit system principles (MSPs) and prohibited 

personnel practices (PPPs). Without adequate funding, MSPB’s mission suffers, as do Federal 

employees, agencies, and taxpayers who benefit from the agency’s adjudicatory function and critical 

research. 

MSPB faces critical challenges in FY 2025: inadequate staffing and retirement eligibility, particularly 

in our statutory mission areas of adjudication and studies, as well as information technology (IT) 

modernization. Nevertheless, MSPB is committed to protecting MSPs and promoting an effective 

Federal workforce free of PPPs. With these objectives and challenges in mind, MSPB respectfully 

and urgently asks for Congress’s consideration of this budget request. 

Most notably, since the quorum of Board members was restored on March 4, 2022, MSPB has made 

significant progress on the adjudication of the inherited inventory of 3,793 cases at headquarters 

(HQ). The Board has focused on adjudication of the oldest cases in the inherited inventory. A total 

of 1,484 HQ cases have been adjudicated in FY 2023 (as of September 30, 2023), the majority of 

which were from the inherited inventory. Thirty-nine percent of the inherited inventory (or 1,462 

cases) remains (as of February 29, 2024; see Figure 1). MSPB has an obligation to clear the inherited 

inventory, which we hope to achieve in FY 2025. However, success to date has come through 

internal staff details that have resulted in stress on other MPSB programs and operations. 

1 See page 16 for an explanation of the requested increase. 

1 
Figure 1. 

2 
 

Internal Challenges Affecting MSPB Operations 

Inadequate Staffing and Retirement Eligibility 

MSPB was authorized 235 FTE for FY 2023 but was not fully funded to support that FTE level. 

Moreover, we have been unable to fully staff the agency for several years due to budget constraints. 

Staffing costs comprise approximately 79% of MSPB’s annual budget. Based on the most recent 

budget limitations imposed by the Fiscal Responsibility Act of 2023, MSPB has put hiring actions on 

hold pending further attrition. Currently, we are sustaining 190 FTEs and plan to onboard a third 

Board member2and his support staff (a chief counsel and a confidential assistant) in FY 2024. 

Holding at this FTE level reduces MSPB’s ability to adjudicate efficiently and to adequately support 

our Research Agenda. To ensure that MSPB remains a good steward of taxpayer dollars in a climate 

of budget uncertainty, we have been extremely cautious in adding personnel. We believe this best 

positions MSPB to sustain current staffing levels and avoid reductions in force (or RIFs), which 

would be catastrophic for the agency and those whom we serve.

Without adequate adjudication staffing, however, MSPB has had to make tradeoffs. Because the 

current budget limitations do not allow us to hire additional personnel, MSPB has detailed staff 

internally to triage needs in other offices. The net effect is that the Office of Appeals Counsel 

(OAC) is now operating without a third of its decision-writing staff. There are currently eight 

Administrative Judge (AJ) and one Regional Director vacancies across the regional and field offices 

(ROs/FOs). The shortage of each AJ in the ROs/FOs results in approximately 85-121 fewer initial 

decisions (IDs) issued each year. The current case workload is 44% greater than the standard case 

load. This increase in the case workload across MSPB has increased adjudication appeal time and 

lowered morale, as evidenced in the most recent Federal Viewpoint Survey. Detailing staff to triage 

needs in other offices is expected to continue throughout FY 2024 due to the inability to hire 

additional personnel. Moreover, as set forth below, MSPB’s adjudication work continues to increase 

in complexity due to new laws and appellate interpretation of existing laws. Adequately staffing the 

adjudication offices is critical to eliminating the inherited inventory (now at approximately 1,462

cases, down from 3,793 at the time the quorum was restored on March 4, 2022), timely processing 

new cases, and defending the Board’s decisions in court. 

Furthermore, MSPB is hampered from pursuing research on its published Research Agenda as 

current funding does not allow for backfills for previous and new attrition. The organization has lost 

66% of its technical research staff and has gaps in the skills required to produce and publish studies 

of merit issues in the Federal workforce. The Office of Policy and Evaluation (OPE) would need to 

fill six mission-critical vacancies (assuming no further attrition) to fully resume these statutorily 

mandated activities. 

In addition to existing vacancies and limited FTE flexibility, by the end of FY 2025, 24% of MSPB 

employees will be eligible to retire. This compounds our staffing challenges and portends slower 

2 On July 3, 2023, President Biden announced his intent to nominate Henry J. Kerner as Member. Mr. Kerner’s 

nomination was sent to the Senate on July 11, 2023. After a nomination hearing on November 30, 2023, Mr. Kerner was 

reported favorably out of the Senate Committee on Homeland Security and Governmental Affairs and placed on the 

Senate calendar. His nomination was returned to the President at the end of the 1st session of the 118th Congress. On 

January 8, 2024, the nomination was sent to the Senate, and on January 17, 2024, it was reported favorably out of the 

Senate Committee on Homeland Security and Governmental Affairs and placed on the Senate calendar. 

3 
case processing times and a lack of technical ability to complete new merit systems research and 

studies. Such a reduction in MSPB’s workforce limits the capacity for outreach and education 

services, which play a key role in ensuring that Federal agencies and their employees understand the 

Board’s role and processes. Educating the Federal workforce also improves efficiency and 

effectiveness throughout the Government by helping agencies understand and act in accordance 

with MSPs, avoid PPPs, and promote the overall efficiency of the civil service. 

Information Technology Modernization 

In FY 2019, MSPB began modernizing its core business applications, starting with the development 

of a new cloud-based electronic filing and case management workflow system that is certified by the 

Federal Risk and Authorization Management Program (FedRAMP). This updated functionality 

replaces several legacy systems, including MSPB’s e-Appeal Online, document management, and 

document assembly systems, which were at or nearing end-of-life and prevented MSPB from 

achieving 100% electronic adjudication of appeals. The new e-Appeal system was implemented in 

October 2023 and will continue to evolve to fully support internal and external stakeholder needs. 

MSPB has been striving to improve user experience by designing this enterprise application to 

ensure that appellants, appellant representatives, and agency representatives are able to easily and 

intuitively file appeals and pleadings and self-manage most aspects of their cases before the Board. 

This effort directly aligns with the second priority of the President’s Management Agenda – 

Delivering Excellent, Equitable, and Secure Federal Services and Customer Experience. 

In FY 2021, MSPB engaged in planning efforts to modernize all remaining legacy systems; upgrade 

its network architecture to support a hybrid workforce; increase internet capacity as MSPB 

transitioned to cloud-based services; enhance cybersecurity consistent with Executive Order (EO) 

14028, “Improving the Nation’s Cybersecurity”; and transition business processes to comply with 

the Government’s transition to electronic records. 

In FY 2022, MSPB began network transformation efforts to support a cloud-based environment. 

These efforts continued in FY 2023 with the migration of MSPB’s analog phone system to a cloudbased softphone platform. MSPB had planned to engage in several other modernization efforts in 

FY 2024, including a phased lifecycle replacement of laptops and migration of MSPB’s research and 

analysis tools to a cloud-based, software-as-a-service (SaaS) platform to improve security and 

reliability and reduce the complexity of IT services (which would allow for web integration so MSPB 

can publish dashboards using our merit systems research and surveys). However, based on the 

uncertainty surrounding the enactment of the FY 2024 budget, these efforts are now delayed into 

FY 2025, but will be pursued then only if the enacted budget authority permits. 

MSPB continues to prioritize maturation of its cybersecurity program and seeks cybersecurity 

funding to better comply with OMB requirements, Department of Homeland Security (DHS) 

binding operational and emergency directives, and EO 14028. Without an enhanced budget 

specifically to support cybersecurity initiatives and programs, MSPB will continue to be in a reactive 

security posture, putting the organization at risk when it could instead, with adequate resources, take 

active measures to identify and protect against threats and move to a risk-based decision-making 

model in line with Federal guidance. The threat landscape is constantly shifting, and the tools, 

capabilities, and training needed to combat threats are continuously evolving; it is essential that 

MSPB keep up. The table below provides a breakdown of MSPB’s cybersecurity costs based on 

National Institute of Standards and Technology (NIST) categories. 

4 
 

 

 

 

 

Table 1. Cybersecurity costs by NIST category 

NIST Category Capability Amount 

Detect Data Loss Prevention $ 20,000.00 

Identify Authorization and Policy $ 145,000.00 

Protect Other Protect Capabilities $ 184,628.00 

Protect Security Log Management $ 50,000.00 

Respond Incident Management and Response $ 850,000.00

 Total $ 1,249,628.00 

MSPB plans to implement a security log management solution, where all logs are normalized, 

secured, and analyzed regularly. In addition, the agency expects to purchase network monitoring 

software to stay ahead of potential bottlenecks and outages. Furthermore, MSPB intends to establish 

a security operations center (using a shared service) to detect and monitor threats around the clock 

by potentially leveraging the Department of Justice’s Security Operations Center. Finally, MSPB will 

ensure that Federal Information Security Management Act (FISMA) compliance and reporting 

requirements are met with the integration of governance, risk, and compliance software. 

External Events Affecting MSPB Operations 

Several recent external factors have affected MSPB’s operations and will continue to do so, resulting 

in the need for additional resources. 

Enactment of New Statutes by Congress 

National Defense Authorization Act for FY 2022 (P.L. 117-81) 

The National Defense Authorization Act (NDAA) is the annual Department of Defense (DOD) 

policy bill that has been the primary vehicle for new laws affecting civilian employee policy. The 

NDAA for FY 2022 has two provisions with potential bearing on MSPB operations. Section 1105 

amends the guidelines for reductions in civilian positions at DOD (10 U.S.C. § 1597(e)) by changing 

the determination criteria for employee separation from being “primarily on the basis of 

performance” to “account[ing] for employee performance ... among other factors as determined by 

the Secretary.” It is still unclear how this change will be interpreted by MSPB and other tribunals. 

Section 1106 repeals the two-year probationary period for Title 10 employees, returning to the prior 

one-year requirement. This repeal, effective December 31, 2022, provides MSPB appeal rights to 

DOD civilian employees who have completed one year of service and thus may lead to a slight 

increase in MSPB’s caseload. 

Whistleblower Protection Laws 

Since the enactment of the Whistleblower Protection Enhancement Act of 2012 (WPEA), initial 

appeals filed in the ROs/FOs and petitions for review (PFRs) to the Board involving reprisal for 

whistleblowing or other activity protected by the WPEA have increased significantly. Approximately 

5 
25% of all PFRs decided by HQ involved such claims, and approximately 12% of initial appeals in 

FY 2023. 

The WPEA and subsequent whistleblower legislation also increased the complexity of adjudicating 

whistleblower cases. Prior to the WPEA, for example, many whistleblower claims failed under thencurrent case law because the disclosure at issue was made to the alleged wrongdoer or was made in 

the appellant’s normal course of duties. Such findings were made at the first step of a three-step 

analysis, and thus remaining issues were not adjudicated. Pursuant to the WPEA, such disclosures 

are protected, requiring further legal analysis. 

Additionally, MSPB’s jurisdiction over whistleblowing—even in the absence of an otherwise 

appealable action—may now extend over many more concerns. Claims of retaliation based on the 

exercise of a right related to prior whistleblowing activity; assisting another individual in the exercise 

of any appeal, complaint, or grievance involving whistleblowing activity; cooperating with or 

disclosing information to an agency’s inspector general (or any other component responsible for 

internal investigation or review) or the Office of Special Counsel (OSC); or refusing to obey an 

order that would require the individual to violate a law, rule, or regulation, have been added to 

MSPB’s jurisdiction pursuant to statutory amendments in the past 10 years. The NDAA for 

FY 2020, enacted December 20, 2019, explicitly protects whistleblower disclosures to Congress, 

including some classified disclosures. The NDAA for FY 2023, enacted December 23, 2022, 

included a provision permitting employees of the Federal Bureau of Investigation (FBI) to file 

whistleblower claims with MSPB. The increased complexity of whistleblower cases likely will create 

a need for more in-person hearings, with associated increases in costs and adjudication resources at 

the ROs/FOs and HQ levels. 

As part of the WPEA, Congress introduced a pilot program permitting employees with cases 

involving reprisal for whistleblowing or other activities protected by the WPEA to appeal MSPB’s 

decisions to any Federal circuit court of appeals of competent jurisdiction rather than only to the 

U.S. Court of Appeals for the Federal Circuit. Congress made the pilot program permanent effective 

November 26, 2017. Before the pandemic, this “all-circuit review” resulted in an increase in travel 

for MSPB attorneys to argue cases in person throughout the country, and it likely will continue to 

require additional travel now that the pandemic is over. 

Overall, it is probable that both the number and complexity of WPEA-related appeals and PFRs will 

continue to grow in the coming years, requiring funding for additional adjudication resources. As 

noted above, about 25% of HQ cases adjudicated in FY 2023 include these types of claims. In the 

regions, the lack of funding for timely adjudication of complex WPEA appeals results in longer 

processing times and can result in constituent inquiries to Congress. 

National Defense Authorization Act for FY 2017 (P.L. 114-328) 

The NDAA for FY 2017 contained three provisions that have increased appeals to MSPB. 

Section 512 provided limited appeal rights to dual-status military technicians serving in the National 

Guard. This was a significant change in the law with respect to such employees, who previously had 

no such rights. 

6 
Section 1138 enacted the Administrative Leave Act of 2016 (codified as 5 U.S.C. § 6329b), which 

expanded MSPB’s jurisdiction by adding to the possible grounds on which an employee might file 

an appeal. It made placement on investigative leave for “not less than 70 workdays” a personnel 

action under the subsection 8 and 9 whistleblower protections of 5 U.S.C. § 2302(b). 

Section 1140 expanded MSPB’s jurisdiction in cases of voluntary separation during a personnel 

investigation. As codified in 5 U.S.C. § 3322, an employee who voluntarily resigns while under 

investigation is entitled to file an appeal with MSPB over the notation in their personnel file of an 

adverse finding resulting from the investigation. 

Other External Factors Leading to Increased Appeals to MSPB 

Supreme Court Decision and Board Decision Related to the MSPB Appeal Rights of Dual-Status National Guard 

Technicians 

The Supreme Court, in Ohio Adjutant General’s Dept v. Federal Labor Relations Authority (FLRA), 143 

S. Ct. 1193 (2023), held that state adjutants general, who appoint technicians, act on behalf of the

Department of Defense and therefore are subject to the FLRA’s authority to enforce the rights and

obligations of federal civilian employees. Subsequently, in Erdel v. Dept of the Army, 2023 MSPB 27

(2023), the Board interpreted the Supreme Court decision and held that the Board has jurisdiction

over the removal of a dual-status National Guard technician when the removal was based entirely on

misconduct that occurred while the appellant was serving in his technician position and was not

based on his fitness for duty in the reserve components, or as a result of actions occurring while he

was in a military pay status. The Board further held that, although the appellant was appointed by a

state adjutant general, he is a federal employee, and the Board has authority to order the Department

of the Army to take an employment action. By expanding the Board’s jurisdiction in this area, these

precedents potentially increase the number of appeals to the MSPB.

Federal Circuit Decisions Related to Whistleblowing and Performance-based Actions 

On November 9, 2020, in Hessami v. MSPB, 979 F.3d 1362 (Fed. Cir. 2020), the Federal Circuit made 

several rulings which increase the likelihood that whistleblowing appeals to MSPB will proceed to a 

hearing on the merits of a claim. The court held that an appellant’s whistleblowing disclosure related 

to disputable policy matters does not preclude it from being protected because, under the WPEA, 

“policy decisions and disclosable misconduct are not mutually exclusive.” The court also held that in 

determining whether an appellant made a nonfrivolous jurisdictional allegation under the WPEA, 

the Board may not consider evidence introduced by the agency. Instead, the Board is limited to 

“evaluating whether the appellant has alleged sufficient factual matter, accepted as true, to state a 

claim that is plausible on its face.” 

However, on January 19, 2022, the court issued Smolinski v. MSPB, 23 F.4th 1345 (Fed. Cir. 2022), 

which held that Hessami does not prohibit reliance on certain agency evidence supporting the 

appellant’s claim to jurisdiction. The holdings in these two cases have resulted in a higher number of 

appeals proceeding past the jurisdictional stage to hearings on the merits of the cases. In FY 2023, 

90 appeals in whistleblower-related cases were remanded on PFR by the Board at headquarters or by 

a Federal circuit court on appeal of a final Board decision and referred to the regional or field office 

for further adjudication. 

7 
In Santos v. NASA, 990 F.3d 1355 (Fed. Cir. 2021), the Federal Circuit significantly expanded the 

potential scope of admissible evidence and discovery in performance-based actions taken under 

5 U.S.C. § 4302, holding that when an agency predicates removal on an employee’s failure to satisfy 

obligations imposed by a performance improvement period (PIP), the agency must further 

demonstrate that the employee’s performance justified imposing a PIP in the first instance. This has 

led to more complex and lengthy adjudication of performance-based actions before MSPB. 

Each of these decisions increase the number, length, and complexity of hearings that are conducted 

in cases involving claims of whistleblowing and those based on performance under 5 U.S.C. § 4302, 

and likely will call for additional adjudication resources, including travel for hearings and court 

reporter costs. Additionally, expanded resources for the MSPB studies function may be required to 

research the consequences of these cases for Federal workplace practices. 

Workload Resulting from Department of Homeland Security, Transportation Security Administration (TSA) 

Expansion of Appeal Rights for Transportation Security Officers (TSOs) 

On June 3, 2021, DHS Secretary Alejandro N. Mayorkas issued a memorandum supporting the TSA 

workforce through improving the TSO employment experience. Specifically, the Secretary directed a 

review and evaluation of whether its current standards align with Title 5 personnel protections. 

Expecting legislation that would provide MSPB appeal rights, TSA began to afford TSOs similar 

appeal rights to MSPB as other TSA employees. On September 13, 2021, MSPB entered into a 

reimbursable agreement with TSA to adjudicate such appeals. In FY 2022, MSPB adjudicated 52 

appeals under their newly established rights, pending legislation that would otherwise increase our 

non-reimbursable workload. The agreement was renewed for FY 2023, and 61 appeals were 

adjudicated as of September 30, 2023. The TSA reimbursable agreement was renewed for FY 2024. 

New Regulatory Appeal Rights Provided by OPM to Implement the Fair Chance Act 

OPM issued regulations, effective October 2, 2023, to implement the Fair Chance to Compete for 

Jobs Act of 2019 (Fair Chance Act), 5 U.S.C. §§ 9201-9206. These regulations create a new appeal 

right to MSPB for employees who have been charged with violating the Fair Chance Act. With some 

exceptions, the Fair Chance Act prohibits Federal agencies and Federal contractors acting on their 

behalf from requesting that an applicant for Federal employment disclose criminal history record 

information before the agency makes a conditional offer of employment to that applicant. Under 

OPM’s new regulation at 5 C.F.R. § 920.202, it is a violation of the Fair Chance Act if an agency 

employee requests information about an applicant’s criminal history prior to making a conditional 

offer of employment to that applicant (unless the position is exempted or excepted from the Fair 

Chance Act). For a first violation, OPM shall issue a written warning to the employee, and a second 

violation could result in a suspension of not more than 7 days. Therefore, a first or second violation 

would not result in an appealable action. A third or subsequent violation, however, could result in a 

suspension of more than 7 days and civil monetary penalties. If OPM issues a suspension for more 

than 14 days or combines a suspension and a civil penalty, the employee has the right to appeal to 

MSPB under 5 C.F.R. § 754.204. Although it is too soon to know the impact on MSPB’s regional 

and appellate level adjudication, MSPB’s OPE will require resources to research, analyze, and 

conduct studies across Federal agencies regarding the Fair Chance Act. 

8 
 

Possible Changes to Civil Service Laws or Regulations 

Over the past several years, there have been several proposed laws and regulations, in addition to 

EOs, about the civil service. As such laws are enacted, regulations are finalized, or EOs are issued, 

MSPB’s workload—in adjudication and studies—is likely to increase. 

FY 2025 Budget Request 

Appropriation Language 

For necessary expenses to carry out functions of the U.S. Merit Systems Protection Board pursuant 

to Reorganization Plan Number 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. § 5509 note), as amended, including services as 

authorized by 5 U.S.C. § 3109, rental of conference rooms in the District of Columbia and 

elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to 

exceed $2,000 for official reception and representation expenses, $53,000,000 to remain available 

until September 30, 2026, and, in addition, $3,075,000 to remain available until September 30, 2026, 

for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service 

Retirement and Disability Fund in amounts to be determined by the U.S. Merit Systems 

Protection Board. 

The Board has authority to adjudicate appeals from a final administrative action or order affecting 

the rights or interests of an individual under 5 U.S.C. § 8347(d) (the Civil Service Retirement System) 

and 5 U.S.C. § 8461(e) (the Federal Employees’ Retirement System). Pursuant to 5 U.S.C. 

§ 8348(a)(3), the Fund is made available, subject to such annual limitation as Congress may

prescribe, for any expenses incurred by the Board in the administration of such appeals.

Strategic Goals and Objectives 

MSPB’s FY 2025 Congressional Budget Justification is based on its Strategic Plan. The agency’s 

performance goals cover the critical components of two strategic goals, and the performance 

measures support MSPB’s ability to manage and report performance over time. 

The strategic goals and objectives are: 

Strategic Goal 1: Serve the public interest by protecting merit system principles and 

safeguarding the civil service from prohibited personnel practices. 

Strategic Objectives: 

1A: Provide understandable, high-quality resolution of appeals, supported by fair and 

efficient adjudication and alternative dispute resolution (ADR) processes. 

1A-RO: Provide understandable, high-quality resolution of initial appeals in the regional 

and field offices, supported by fair and efficient adjudication and 

ADR processes. 

1A-HQ: Provide understandable, high-quality resolution of appeals at HQ, supported 

by fair and efficient adjudication and ADR processes. 

9 
 

1B: Enforce timely compliance with MSPB decisions. 

1C: Conduct objective, timely studies of the Federal merit systems and Federal human capital 

management issues. 

1D: Review and act upon the rules, regulations, and significant actions of OPM, 

as appropriate. 

Strategic Goal 2: Advance the public interest through education and promotion of stronger 

merit systems, adherence to merit system principles, and prevention of prohibited 

personnel practices. 

Strategic Objectives: 

2A: Support and improve the practice of merit, adherence to MSPs, and prevention of PPPs 

in the workplace through successful, targeted outreach and engagement. 

2B: Advance the understanding of merit, MSPs, and PPPs for stakeholders and the public by 

developing and sharing informational and educational materials and guidance. 

Management Objectives 

M1: Lead, manage, and develop employees to ensure a highly qualified, diverse, inclusive, and 

engaged workforce with the competencies to perform MSPB’s mission and support 

functions successfully. 

M2: Modernize IT to support agency mission and administrative functions. 

FY 2025 Request by Object Class 

MSPB requests a total budget authority of $56,075,000 for FY 2025, which includes $53,000,000 in 

appropriated funds and a transfer of $3,075,000 from OPM’s Civil Service Retirement and Disability 

Fund. This budget request does not fully support MSPB’s mission requirements. Therefore, MSPB 

has provided FY 2025 budget needs for consideration. The FY 2025 “budget needs” level of 

funding ensures that MSPB will be appropriately resourced to efficiently and timely adjudicate the 

inherited inventory and new appeals; develop and publish new regulations to conform with recent 

statutory changes; issue study reports on the merit systems in accordance with our Research Agenda; 

and support our cloud-based network modernization and transformation. 

MSPB’s budget request posture remains consistent with previous fiscal years. Personnel 

compensation and benefits constitute approximately 79% of MSPB’s budgetary expenses. About 7% 

of MSPB’s budget authority is for rent to the General Services Administration (GSA) for MSPB 

office spaces. That leaves approximately 14% for services from other Government agencies (human 

resources, payroll, accounting, and ALJs), IT modernization and sustainment, and all other 

operational requirements (travel, printing, facilities maintenance, and general supplies). 

10 
   

 

   

 

We recognize that Congress faces many challenges and other Federal entities are also impacted by 

budget constraints. We have kept our budget request in alignment with the President’s Budget 

request. However, MSPB would be remiss if we did not advise of the funding required to fully staff 

the agency to ensure that all MSPB mission requirements and priorities are met. The following 

budget tables provide the FY 2024 Request, the FY 2025 Request, the FY 2025 change from the 

FY 2024 Request, and the FY 2025 Need to fully staff and support MSPB operations. 

Personnel Compensation & Benefits 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

11 Personnel 

Compensation $35,792 $31,085 ($4,707) $36,764 

12 Benefits $11,205 $10,081 ($1,124) $11,345 

Personnel compensation and benefit expenses are the largest component of the MSPB FY 2025 

budget request. The above FY 2025 budget request will support approximately 194 FTEs. MSPB 

requires approximately 236 FTEs to fully support all facets of the MSPB mission. 

Travel & Transportation of Persons 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

21 

Travel & 

Transportation of 

Persons 

$410 $235 ($175) $245 

Travel is required to support in-person hearings, mediations, outreach events, site visits, interviews 

for studies, training, and speeches at conferences. The Board members plan to visit the regional and 

field offices and attend mission-related conferences, and they will request that regional directors 

periodically attend meetings at HQ. Additionally, travel is required to support IT modernization 

efforts across the regional and field offices—in particular, a laptop refresh and other IT 

improvements at our locations. 

11 
 

 

   

 

   

 

Transportation of Things 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

22 Transportation of 

Things $26 $30 $4 $30 

MSPB anticipates an uptick in shipping costs to support the shipment of IT peripherals to 

ROs/FOs. 

Rent, Communications, & Utilities 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

23 

Rent, 

Communications 

& Utilities 

$5,169 $4,838 ($331) $4,838 

Rent is the primary cost in this category, and it supports MSPB’s nine offices around the country. 

The sustainment of adequate office space for meaningful in-person work across agency components 

is essential for MSPB to provide excellent service to our constituencies. MSPB carefully assessed 

options to downsize the organization’s footprint with an emphasis on driving down costs while still 

supporting in-person hearings and providing workspaces for MSPB employees to support and 

facilitate meaningful in-person work. An initial outcome was to move the New York Field Office to 

a smaller office location to save approximately $150,000 per year, which is reflected in this budget 

request. 

Telecommunication rentals is another cost driver in this category. MSPB anticipates that the cost for 

the Enterprise Infrastructure Solutions contract renewal will decrease slightly in FY 2025, as the 

network will be in the sustainment phase of the network lifecycle. 

Printing 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

24 Printing $37 $21 ($16) $21 

12 
   

 

 

   

 

MSPB uses the Government Publishing Office (GPO) for publishing in the Federal Register, 

procuring photocopy services, and accessing the GPO Express program. MSPB has been using 

electronic distribution methods, which has reduced our printing costs. 

Other Contractual Services 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

25 Other Contractual 

Services $4,010 $4,427 $417 $4,738 

This category funds critical operations via interagency agreements with other Government agencies 

for accounting, purchasing, and travel services (from the Bureau of the Fiscal Service (BFS)); 

personnel services (from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health 

Inspection Service (APHIS)); and payroll services (from USDA’s National Finance Center (NFC)). 

Additionally, MSPB relies on the U.S. Coast Guard and the Federal Trade Commission for ALJ 

services. Other essential services are supported in this category as well, such as court reporting, IT 

operations and maintenance, annual independent financial statement audit, and training. 

The FY 2025 Need contains additional requirements above the normal cost of operations. MSPB 

will require the ability to sustain on-site help desk services to support all MSPB employees to enable 

MSPB’s existing IT staff to dedicate their time to modernization projects and hardening MSPB’s 

cybersecurity posture. 

Supplies & Materials 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

26 Supplies & 

Materials $351 $368 $17 $392 

This category funds electronic subscriptions (e.g., Westlaw and other legal research materials), which 

are most of the costs and are critical to MSPB operations. General office supplies and IT peripheral 

devices such as keyboards and cables are included in this category. The additional $24,000 in the 

FY 2025 Need supports a 33% telephone hardware refresh. 

13 
 

   

 

Equipment 

MOC Description 

FY 2024 

Request 

(000) 

FY 2025 

Request 

(000) 

Change 

over 

FY 2024 

(000) 

FY 2025 

Need 

(000) 

31 Equipment $2,188 $1,915 ($273) $1,962 

This category contains cybersecurity efforts in line with EO 14028 and regulatory guidance. In 

addition, a 25% refresh of MSPB’s laptop inventory is planned for FY 2025. Software for IT 

operations are also funded from this category, as are hard-copy law books and publications. Lastly, 

the FY 2025 Need includes $47,000 for the replacement of MSPB’s HQ HVAC systems, which are 

end-of-life and end-of-service. 

14 
 

 

 

 

 

   

   

   

 

 

Budget Schedule O - Object Classification (thousands of dollars) 

FY 

2023 

Actual 

FY 2024 

Request 

FY 2025 

Request 

Change 

over 

FY 2024 

FY 

2025 

Need 

Direct Obligations: 

Personnel Compensation $28,141 $35,792 $31,085 (4,707) $36,764 

Civilian Personnel Benefits 9,709 11,205 10,081 (1,124) 11,345 

Travel of Persons 148 410 235 (175) 245

Transportation of Things 9 26 30 4 30

Rental payments to GSA 3,820 3,914 3,768 (146) 3,768

Rental Payments to Others 83 121 80 (41) 80

Communications, Utilities, and 

Miscellaneous Charges 1,182 1,134 990 (144) 990

Printing and Reproduction 25 37 21 (16) 21

Other Services 2,364 975 1,140 165 1,208

Other Purchases of Goods and 

Services from Government 2,183 1,920 1,882 (38) 1,882

Accounts 

Maintenance of Facilities 33 22 20 (2) 20

Maintenance of Equipment and 

Software 802 1,093 1,385 292 1,628 

Supplies & Materials 264 351 368 17 392 

Equipment/Lease Improvement 722 2,188 1,915 (273) 1,962

Direct Obligation. . . 49,485 59,188 53,000 (6,188) 60,335 

Reimbursable Obligations. . . 2,345 2,345 3,075 730 3,075 

Total New Obligations. . . 51,830 61,533 56,075 (5,458) 63,410 

15 
 

 

 

 

 

 

 

 

Budget Schedule Q - Employment Summary 

Increase 

FY 2024 FY 2025 (decrease) FY 2025 

Request Request over FY Need 

2024 

Direct: 

Civilian full-time 224 194 (30) 222 equivalent employment 

Reimbursable: 

Civilian full-time 12 14 2 14 equivalent employment 

Total... 236 208 (28) 236

In the FY 2024 President’s Budget, MSPB requested 236 FTEs to fully support MSPB’s adjudication 

and research operations. However, the current FY 2025 request, in alignment with the President’s 

Budget request, results in a reduction of 28 FTEs or a 12% decrease in FTE authorization. This 

decrease forces MSPB to make tradeoffs to sustain MSPB programs to support the agency’s 

priorities such as the elimination of the inherited inventory. 

With regards to the reimbursable authority FTE increase, MSPB has been held at $2,345,000 in 

transfer authority to support retirement appeals since FY 2013. This authority previously supported 

up to 18 FTEs. Since FY 2013, there have been subsequent pay raises, which over time reduced the 

number of reimbursable FTEs. OMB and OPM acknowledged the budget disparity and support a 

$730,000 increase in transfer authority in FY 2025, raising the control in FY 2025 to $3,075,000. 

Conclusion 

The merit system principles are designed to ensure fair treatment of employees, protect employees 

from misuse of authority, and promote a public-interest-first posture across the Federal 

Government. A Federal employee’s removal, suspension of more than 14 days, reduction in grade or 

pay, and allegations of whistleblower reprisal, among numerous other actions, are appealable to the 

Board. There are approximately 1,462 cases remaining in the inherited inventory (as of February 29, 

2024) awaiting action by the Board members—cases that involve people who believe they have been 

unjustly treated in the Federal workplace or in other areas of MSPB’s jurisdiction. Some of these 

individuals and their families have been waiting for a decision in their appeal for more than five 

years while MSPB was without a quorum and unable to issue Board-level decisions. Additionally, the 

agencies involved in these cases have been awaiting finality for years, in many instances effectively 

prevented from moving forward with hirings, reinstatements, and other actions. 

16 
MSPB continues to pursue strategies to prioritize our work, appropriately deploy our very limited 

resources, and modernize our IT while trying to respond to cybersecurity requirements for the safety 

and protection of our workforce and the Federal employees and agencies we serve. However, 

without sufficient budgetary resourcing to staff the agency appropriately, MSPB will be increasingly 

unable to meet statutorily mandated adjudicatory processing deadlines, forced to work through the 

inherited case inventory at a reduced pace, limited in the outreach and educational services it can 

perform on behalf of the Federal personnel community, and unable to issue merit systems studies 

and publications with the same frequency and scope as in prior years. Given these deleterious 

consequences for the agency's mission, with their resulting impact on the overall efficiency of the 

civil service, MSPB respectfully requests Congress’ consideration and support for our FY 2025 

budget. 

17 
About MSPB 

MSPB has its origin in the Pendleton Act of 1883, which established the Civil Service Commission 

(CSC) and a merit-based employment system for the Federal Government. The Pendleton Act was 

passed after the assassination of President Garfield by a disgruntled Federal job seeker and grew out 

of the 19th century reform movement to curtail the excesses of political patronage in Government 

and ensure a stable, highly qualified workforce to serve the public. Over time, it became clear that 

the CSC could not properly, adequately, and simultaneously set managerial policy, protect the merit 

systems, and adjudicate appeals. Concern over the inherent conflict of interest in the CSC’s role as 

both rule-maker and judge was a principal motivating factor behind the passage of the Civil Service 

Reform Act of 1978 (CSRA). The CSRA replaced the CSC with three new agencies: MSPB as the 

successor to the CSC in its quasi-judicial capacity; OPM to serve as the President’s agent for Federal 

workforce management policy and procedure; and the FLRA to oversee Federal labor-management 

relations. The CSRA also codified for the first time the values of the merit systems as MSPs and 

defined PPPs. 

Board Organization 

The Board members are the Chairman, Vice Chairman, and Member (but currently include the 

Acting Chairman and one Member). Board members are nominated by the President and confirmed 

by the Senate and serve overlapping, non-renewable, seven-year terms. No more than two of the 

three Board members can be from the same political party. The Board members adjudicate the cases 

brought before them. By statute, the Chairman is the chief executive and administrative officer of 

MSPB. The office directors report to the Chairman through the Executive Director. The agency has 

its HQ in Washington, DC, with six regional and two field offices located throughout the United 

States in which AJs adjudicate cases at the initial appeal level, akin to a trial court. 

Providing and Using Administrative Data for Statistical Purposes 

MSPB does not have administrative datasets with the potential for statistical use as outlined in OMB 

Memorandum M-14-06, “Guidance for Providing and Using Administrative Data for Statistical 

Purposes.” However, statistical data can be found in the Board’s Annual Reports, available at 

www.mspb.gov. The Annual Reports contain summaries of significant opinions issued by MSPB’s 

reviewing courts, case-processing data for initial appeals and Board cases, and summaries of other 

merit systems activity, including studies and related material posted on MSPB’s website. They also 

contain a review of OPM significant actions; summaries of MSPB’s congressional, international, and 

outreach activities; and citations to MSPB work, internal management issues, and the external 

factors that affect the Board’s work. 

Adjudication 

The majority of cases brought to the Board are appeals of adverse actions—that is, removals, 

suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. The 

next-largest number of cases involves individual right of action cases, followed by appeals of OPM 

and some agency determinations in retirement matters. Congress has given the Board jurisdiction to 

hear cases and complaints filed under a variety of other laws, including the Uniformed Services 

Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq.; the Veterans Employment 

18 
Opportunity Act, 5 U.S.C. § 3330a et seq.; the Whistleblower Protection Act (WPA); P. L. 101-12; 

the WPEA, P. L. 112-199; NDAA for FY 2017, P.L. 114-328; the Veteran Affairs Accountability 

and the Whistleblower Protection Enhancement Act, P. L. 115-41; the Dr. Chris Kirkpatrick

Whistleblower Protection Act of 2017, P.L. 115-73; the NDAA for FY 2023, P.L. 117-263; and 

additional authorities listed in the regulation set out at 5 C.F.R. § 1201.3. 

Other types of actions that may be appealed to the Board include performance-based removals or 

reductions in grade; denials of a within-grade increase; RIF actions; suitability determinations; OPM 

employment practices (the development and use of examinations, qualification standards, tests, and 

other measurement instruments); denials of restoration or reemployment rights; and certain 

terminations of probationary employees. 

At the outset of a case, an appellant files an appeal with the appropriate MSPB regional or field 

office having geographical jurisdiction. An AJ in the office, under the supervision of a Regional 

Director and the Office of Regional Operations, ensures that the parties receive the procedures 

called for in the law and MSPB’s regulations and, after providing a full opportunity to develop the 

record on all relevant matters (including a hearing when requested), issues an initial decision. 

MSPB’s regional and field offices have issued 4,551 initial and addendum decisions in FY 2023 (as 

of September 30, 2023). Due to the pandemic, beginning in March 2020, the ROs/FOs adjusted 

their processes and procedures to conduct hearings in a virtual environment and continued to 

adjudicate appeals. Since October 2022, in-person hearings again have been offered in the 

ROs/FOs. Unless a party files a PFR with the Board, the initial decision becomes final 35 days after 

issuance. Any party, OPM, or OSC may petition the full Board in Washington, DC, to review the 

initial decision. When a PFR is filed, OAC performs the first substantive review of all PFRs, and 

most other types of cases received at HQ, and drafts decisions for those cases for the Board’s 

consideration. The Office of the Clerk of the Board performs all ministerial functions associated 

with the PFR process. The Board’s decision on the PFR constitutes the final administrative decision 

on the appeal. A total of 1,884 HQ cases have been adjudicated for FY 2023 (as of September 30, 

2023), the majority of which were from the inherited inventory, which was 3,793 cases at the time 

the quorum was restored on March 4, 2022. About 39% of the inherited inventory remains to be 

adjudicated (as of February 29, 2024). 

The Board’s final decision, whether it is an initial decision of an AJ that has become final or the 

Board’s decision on a PFR, may be appealed to the U.S. Court of Appeals for the Federal Circuit or, 

in cases involving allegations of discrimination, to a U.S. District Court or the Equal Employment

Opportunity Commission (EEOC). In addition, certain cases involving allegations of reprisal for 

whistleblowing may be appealed to any of the U.S. circuit courts of appeals of competent 

jurisdiction. The Office of the General Counsel (OGC) represents MSPB in litigation, defending 

decisions of the Board in the U.S. Court of Appeals for the Federal Circuit and, in certain cases 

involving whistleblower claims, in other federal circuit courts. Additionally, due to changes in the 

law regarding what constitutes a “mixed case” (i.e., certain cases involving both civil service claims 

and discrimination claims), OGC increasingly has been working with United States Attorneys’ 

Offices on mixed cases transferred from the Federal Circuit to federal district courts. 

If a party in a case believes that the other party is not complying with an MSPB order or a settlement 

agreement entered into the record for MSPB enforcement, the party can file a petition for 

enforcement with the regional or field office that issued the initial decision. Once the AJ issues an 

initial decision, which may find compliance, non-compliance, or partial compliance, depending on 

19 
the number of issues raised, either party may file a PFR with the full Board. Additionally, even if 

neither party files a PFR of an initial decision finding non-compliance, MSPB’s regulations require 

that the case be referred to the full Board to ensure that the non-complying party 

has reached compliance. 

In addition to adjudicating cases on the merits, MSPB provides ADR services to assist parties in 

resolving their cases. Use of these services is voluntary; however, these services provide the parties 

with more control over the process and can resolve a case effectively, often saving time and 

reducing costs for the appellant, their agency, MSPB, and the Government through this less formal 

and procedure-driven process. 

Mediation Appeals Program 

The Mediation Appeals Program (MAP) offers the services of the agency’s trained and certified 

mediators as an alternative to the formal appeal processes and procedures of MSPB’s regulations. 

Mediators facilitate a discussion between the parties in a confidential setting to help them identify 

issues and barriers to an agreement that will aid in resolving their disputes and settling the appeal 

quickly, economically, and to the benefit of all concerned. Unlike traditional mediation, MAP 

charges no fees. Both parties must agree to its use before the appeal will be accepted for the MAP 

process, and both must agree on its resolution before any settlement is concluded. Unlike the 

traditional appeal process, the parties control the result of the case under the skilled guidance of the 

mediator, who plays no role in deciding the appeal should they not reach an agreement. Importantly, 

because most mediations occur near the beginning of adjudication, MAP saves time and money for 

Federal employees and agencies who resolve their cases through this process. 

Because of these advantages, MAP has become a popular and successful program, as shown by the 

increasing number of cases that have been mediated since the program’s inception. Further, MAP 

mediators successfully settled more than half of the appeals referred to mediation. Moreover, even 

when the case ultimately is resolved by a decision, the mediation process often helps sharpen the 

parties’ focus on the matters truly in dispute and the resolution they seek. 

Merit Systems Studies and OPM Oversight 

The Board has the statutory responsibility to conduct studies of the civil service and other merit 

systems in the executive branch and submit the resulting reports to the President and Congress. The 

studies support strong and viable merit systems, which protect the public’s interest in a high-quality, 

professional workforce managed under MSPs and free from PPPs. The studies are based on 

objective, independent research that assesses and evaluates Federal merit system policies, operations, 

and practice from a long-term perspective. This function, in conjunction with the agency’s 

adjudication of individual appeals and its authority to review OPM regulations, ensures that the 

Board has the full legal authority necessary to oversee Federal merit systems at the systemic level and 

to remedy PPPs on an individual level. MSPB studies address the variety of challenges facing the 

Federal Government in managing its workforce. 

20 
 

Publications Issued FY 2022–FY 2023 

The most recent reports were transmitted to the President and Congress in December 2022 and 

February 2023. Prior to that, no reports had been submitted since the loss of quorum in January 

2017. The recent reports have led to numerous requests for agency consultations on efforts to assess 

workforce health, opportunities to increase diversity and inclusion, and frameworks to develop 

strategic plans to address employee engagement and performance. These consultations leverage 

MSPB data to help agencies drive adherence to merit principles in their workforce management. 

In addition to regular editions of the Issues of Merit newsletter, MSPB’s OPE issued the following 

reports and other publications over the past few years: 

Sexual Harassment in Federal Workplaces: 2021 Update (June 2023). This research brief summarizes the 

results from MSPB's most recent survey of Federal employees regarding their experiences with 

sexual harassment, and their perspectives on their agencies' efforts to prevent and address 

sexual harassment. The brief further examines actions that employees took (or chose not to 

take) in response to sexual harassment and their perceptions of the outcomes of these actions. 

Perceptions of Prohibited Personnel Practices: An Update (February 2023). This report analyzes survey data 

from 2010, 2016, and 2021 to track the prevalence of PPP perceptions, address the roles of the 

perceived offenders, and explain the potential consequences of a culture where PPPs are 

perceived. 

Sexual Harassment in Federal Workplaces: Understanding and Addressing the Problem (December 2022). This 

report evaluates the prevalence of sexual harassment in Federal workplaces and Federal agency 

efforts to prevent and respond to such harassment. 

U.S. Merit Systems Protection Board Research Agenda 2022–2026 (September 2022). This publication 

articulates a Research Agenda that broadly defines the topics that MSPB considers most 

important and promising for study in the near term. OPE did extensive stakeholder outreach to 

select 44 topics across six major areas of research to drive OPE research through 

2026: Defending Merit; Building an Effective Workforce; Recruitment and Hiring; Pay and 

Performance Management; Supervision and Leadership; and OPM Oversight. 

Other Studies Activity 

Current and future studies activity is significantly restricted due to staffing. Without the ability to 

backfill critical technical staff vacancies, almost all new research activities are on pause. This includes 

execution for the planned 2023 Merit Principles Survey that would have provided data to support 

several topics on the Research Agenda, such as whistleblowing protections, fair and equitable 

treatment in the Federal workplace, employee engagement, supervisory and employee challenges 

with performance management, and dual career tracks for supervisors and technical specialists. 

Moreover, 2026 Merit Principles Survey planning activities may be delayed due to the lack of 

resources. The Merit Principles Survey is regarded across the Federal Government as a unique 

source of data on perceptions of workplace climate and personnel practices and is regularly cited by 

other agencies, such as GAO and OPM, and by independent researchers and public interest groups, 

such as the National Academy of Public Administration and the Partnership for Public Service. 

21 
Further, evaluation and oversight activities that support our mandate to review OPM significant 

actions are limited because of current staffing issues. 

Information Technology 

MSPB’s Office of Information Resources Management (IRM) designs, develops, implements, and 

maintains the agency’s IT infrastructure, systems, and cybersecurity program. IRM's mission is to 

support the secure, modern, efficient, and cost-effective use of IT at MSPB. Our vision—supported 

by several active projects—is to migrate all MSPB business systems to a cloud-based architecture. 

IRM provides technical and operational support to MSPB to guarantee IT efficiency, effectiveness, 

compliance, and cybersecurity to enable the agency’s mission. Additionally, MSPB’s leadership 

supports and promotes the private, secure, and effective use of agency data. To that end and subject 

to available resources, MSPB will continue to improve software tools, onboard resources, and 

identify opportunities to improve use of agency data for better organizational management, mission 

execution, and customer service. 

Human Resources 

MSPB contracts with USDA’s APHIS for selected human resources administrative and operational 

services through an interagency agreement. The agreement is developed between the two agencies 

and monitored in MSPB’s Office of Financial and Administrative Management. 

MSPB contracts with Federal Occupational Health (FOH), a service unit within the U.S. 

Department of Health and Human Services’ Program Support Center, to provide basic occupational 

health services to all its employees throughout the country. In addition, the agency contracts with 

FOH to offer all employees access to the Employee Assistance Program (EAP). The EAP assists 

agency employees by providing both prevention and intervention for employee problems, which 

improves employee health, functioning, and workplace performance. MSPB’s agreement with FOH 

provides for a comprehensive EAP, delivering short-term, problem-focused counseling and a variety 

of services. 

Additionally, it is of the utmost importance to MSPB leadership that the agency hires and retains a 

diverse and highly qualified legal, research, analytical, IT, and administrative workforce to support 

MSPB’s mission now and in the future. 

Financial Management 

MSPB has initiated cross-servicing agreements with the Treasury Department’s BFS for its 

accounting, financial auditing, purchasing, and travel-related services and support. Since 2002, BFS 

has processed MSPB’s administrative payments and prepared its accounting reports. The Board has 

received unqualified/unmodified opinions on its audits since the agency has been subject to audits 

of its financial statements. 

In addition to the agreement in place for personnel services, MSPB contracts with USDA’s NFC for 

processing payroll and payroll-related activities, including earnings and leave statements, W-2 

information, and debt management. The cross-servicing relationships with these organizations have 

provided MSPB with timely responses and more accurate processing of information from larger 

22 
pools of knowledgeable staff than would be possible with a smaller, in-house staff alone. BFS, 

APHIS, and NFC have the resources to stay current with the latest technologies, thereby providing 

these services efficiently and economically. 

Equal Employment Opportunity 

MSPB’s Office of Equal Employment Opportunity (OEEO) plans, implements, and evaluates the 

agency’s affirmative employment programs and initiatives; advises MSPB’s leadership, senior 

executives, managers, and supervisors about these programs and initiatives; oversees diversity and 

inclusion initiatives; and provides all employees training on rights and remedies available under the 

anti-discrimination laws and whistleblower protection laws. OEEO provides equal employment 

opportunity complaint processing to current and former employees and applicants who allege 

discrimination. OEEO evaluates and reports MSPB’s complaint data to Congress, EEOC, OPM, 

and other external stakeholders; and workforce demographics by occupation and grade to the 

EEOC. The OEEO Director also coordinates MSPB’s Diversity and Inclusion Council. 

23 
 

 

Organization Chart 

Human resources support services are provided by USDA’s APHIS. 

Payroll services are provided by USDA’s NFC. 

Accounting services are provided by the Department of the Treasury’s BFS. 

Office of Administrative Law Judge functions are performed by ALJs employed by the U.S. Coast Guard and 

Federal Trade Commission under reimbursable interagency agreements. 

24 
List of Abbreviations and Acronyms 

ADR Alternate Dispute Resolution 

AJ Administrative Judge 

ALJ Administrative Law Judge 

APHIS Animal and Plant Health Inspection Service 

BFS Bureau of the Fiscal Service 

CSC Civil Service Commission 

CSRA Civil Service Reform Act of 1978 

DHS Department of Homeland Security 

DOD Department of Defense 

EAP Employee Assistance Program 

EEOC Equal Employment Opportunity Commission 

EO Executive Order 

FBI Federal Bureau of Investigation 

FedRAMP Federal Risk and Authorization Management Program 

FISMA Federal Information Security Modernization Act 

FOH Federal Occupational Health 

FLRA Federal Labor Relations Authority 

FTE Full-Time Equivalent 

FY Fiscal Year 

GPO Government Publishing Office 

GSA General Services Administration 

HQ Headquarters 

ID Initial Decision 

IRM Office of Information Resources Management 

IT Information Technology 

25 
 

 

MAP Mediation Appeals Program 

MSPs Merit System Principles 

MSPB Merit Systems Protection Board 

NDAA National Defense Authorization Act 

NFC National Finance Center 

NIST National Institute of Standards and Technology 

OAC Office of Appeals Counsel 

OEEO Office of Equal Employment Opportunity 

OGC Office of the General Counsel 

OMB Office of Management and Budget 

OPE Office of Policy and Evaluation 

OPM Office of Personnel Management 

OSC Office of Special Counsel 

PFR Petition for Review 

PIP Performance Improvement Period 

PPPs Prohibited Personnel Practices 

RIF Reduction in Force 

ROs/FOs Regional Offices and Field Offices 

SaaS Software as a Service 

TSA Transportation Security Administration 

TSO Transportation Security Officer 

USDA U.S. Department of Agriculture 

WPA Whistleblower Protection Act 

WPEA Whistleblower Protection Enhancement Act of 2012 

26