Exemptions to Qualification, Examination, and Competitive-Service Procedures

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Merit Based Hiring for White house and executive office

AKA “Executive Branch Merit Integrity Act”


Which agency/agencies promulgated the regulation? *
U.S. Office of Personnel Management
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
5 C.F.R. Part 214, Subpart A (all sections granting blanket exemptions under 5 U.S.C. § 3302(b)(1), including §§ 214.101–214.105)
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What is the name of the regulation being rescinded, if applicable? *
Exemptions to Qualification, Examination, and Competitive-Service Procedures
Please provide a short summary of the justifications for the rescission. *
Removes OPM’s regulatory authority to grant blanket waivers of competitive-service and qualification requirements—closing the loophole that allows White House and EOP components to bypass standard merit-system safeguards.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Office of Personnel Management 1900 E Street NW Washington, DC 20415
Please insert the contact information for the agency. *
regulations@opm.gov
What is the background for the regulation being rescinded? *
Under 5 U.S.C. § 3302(b)(1), OPM may exempt Executive Office of the President components from statutory qualification and competitive-service rules. Those delegations are implemented at 5 C.F.R. Part 214, Subpart A (including general exemption authority in § 214.101 and specific carve-outs in §§ 214.102–214.105), effectively insulating many White House positions from minimum education, examination, and veteran-preference requirements.
Explain the reasons for the rescission. *
1. Restore merit-system integrity: End blanket exemptions so every EOP role must meet published qualification standards and undergo competitive-service procedures. 2. Prevent unchecked patronage: Close the regulatory loophole that permits political appointees to bypass examination and veteran-preference protections. 3. Ensure consistency: Align White House staffing regulations with the competitive-service framework applied to all other federal agencies.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Subpart A of Part 214 (Exemptions to Qualification, Examination, and Competitive-Service Procedures; §§ 214.101–214.105) is hereby removed. No component of the Executive Office of the President may be granted an exemption from the qualification, examination, or competitive-service procedures prescribed by OPM for General Schedule and Senior Executive Service positions
Please insert the name of the current agency head. *
Scott Kupor
Please insert the title of the agency head. *
Director, U.S. Office of Personnel Management

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