Proposed rule · 2026-07996

Critical Position Pay Authority

The Office of Personnel Management (OPM) proposes to amend its regulations governing the critical position pay authority to establish level I of the Executive Schedule as the default maximum critical pay rate, with higher rates subject to written approval by the Director of OPM; eliminate non-statutory caps and approval criteria; address the use of service agreements; clarify reductions or terminations of critical position pay are not adverse actions or subject to grievance or appeal rights; and clarify the treatment of critical pay rates as basic pay. This proposed rule simplifies and better aligns OPM's regulations with governing law and delegated authority.