Excepted Service Classification Requirements for HHS Positions

← Back to Category — Healthcare & Public Health

Hiring and Staffing of HHS

AKA “Rescission of Excepted Service Classification Requirements for HHS and Establishment of Emergency Response Pay Band”


Which agency/agencies promulgated the regulation? *
Office of Personnel Management (OPM), in consultation with the Department of Health and Human Services (HHS)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
5 CFR § 213.3105 — Excepted Service Positions with the Department of Health and Human Services
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Excepted Service Classification Requirements for HHS Positions
Please provide a short summary of the justifications for the rescission. *
Removing mandatory General Schedule (GS) classification for HHS positions will allow the agency to recruit and retain mission-critical personnel using a streamlined, mission-specific pay system tailored for public health emergencies.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
Office of Personnel Management – Office of Classification 1900 E Street NW Washington, DC 20415
Please insert the contact information for the agency. *
classification@opm.gov
What is the background for the regulation being rescinded? *
Under 5 CFR § 213.3105, most HHS positions are required to follow the General Schedule (GS) classification system, limiting OPM’s ability to customize recruitment, compensation, and hiring flexibilities for highly specialized positions. During public health emergencies, this rigidity can delay staffing for critical roles such as epidemiologists, laboratory scientists, and regulatory reviewers. The current rule restricts flexibility even in the face of urgent, congressionally declared health crises.
Explain the reasons for the rescission. *
• Enables the creation of a mission-specific "Emergency Response Pay Band" for HHS • Reduces bureaucratic delay during public health emergencies • Allows OPM and HHS to respond to rapidly evolving national health needs with targeted recruitment • Maintains accountability by requiring a dedicated congressional appropriation for this pay band • Rescission would align civil service structure with evolving emergency response mandates
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Delete 5 CFR § 213.3105 paragraphs (a) and (b), which mandate GS classification for HHS positions. Insert new § 213.3105: “(a) The Office of Personnel Management shall establish an Emergency Response Pay Band exclusively for positions designated by the Secretary of Health and Human Services as essential to national public health emergency response. (b) Positions in this band shall be supported through a dedicated congressional appropriation, separate from agency-wide personnel ceilings.”
Please insert the name of the current agency head. *
Scott Kupor
Please insert the title of the agency head. *
Director, Office of Personnel Management

← Back to Category — Healthcare & Public Health