Regulations last checked for updates: May 20, 2024

Title 5 - Administrative Personnel last revised: May 15, 2024
§ 213.3301 - Positions of a confidential or policy-determining character.

(a) Upon specific authorization by OPM, agencies may make appointments under this section to positions that are of a confidential or policy determining character as defined in § 210.102 of this chapter. Positions filled under this authority are excepted from the competitive service and constitute Schedule C. Each position will be assigned a number from §§ 213.3302 through 213.3999, or other appropriate number, to be used by the agency in recording appointments made under that authorization.

(b) When requesting Schedule C exception, agencies must submit to OPM a statement signed by the agency head certifying that the position was not created solely or primarily for the purpose of detailing the incumbent to the White House.

(c) The exception from the competitive service for each position listed in Schedule C by OPM is revoked immediately upon the position becoming vacant. An agency shall notify OPM within 3 working days after a Schedule C position has been vacated.

[60 FR 35120, July 6, 1995, as amended at 89 FR 25046, Apr. 9, 2024]
authority: 5 U.S.C. 3161,3301; E.O. 10577, 3 CFR 1954-1958 Comp., p. 218; Sec. 213.101 also issued under 5 U.S.C. 2103. Sec. 213.3102 also issued under 5 U.S.C. 3301,3302,3307,8337,and; E.O. 13318, 3 CFR 1982 Comp., p. 185; 38 U.S.C. 4301
source: 46 FR 20147, Apr. 3, 1981, unless otherwise noted.
cite as: 5 CFR 213.3301