5 CFR § 213.3301 - Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition.

---
identifier: "/us/cfr/t5/s213.3301"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 213.3301 - Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition."
title_number: 5
title_name: "Administrative Personnel"
section_number: "213.3301"
section_name: "Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "213"
part_name: "EXCEPTED SERVICE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 3161, 3301 and 3302; 38 U.S.C. 4301  E.O. 10577, 19 FR 7521, 3 CFR 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625."
regulatory_source: "46 FR 20147, Apr. 3, 1981, unless otherwise noted."
cfr_part: "213"
---


# 213.3301 Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition.

(a) Upon specific authorization by OPM, agencies may make appointments under this section to noncareer positions that are of a confidential or policy-determining character and are normally subject to change as a result of a Presidential transition. 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 213.3399, 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; 91 FR 5654, Feb. 6, 2026]