---
kind: "section"
citation: "5 C.F.R. § 213.3301"
title: "5"
number: "213.3301"
heading: "Positions of a confidential or policy-determining character normally subject to change as a result of a Presidential transition."
url: "https://uscodex.org/cfr/5/213.3301"
---

# §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.

## Notes

### Amendments

[60 FR 35120, July 6, 1995, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5654, Feb. 6, 2026]

### Authority

Authority: 5 U.S.C. 3161, 3301 and 3302; 38 U.S.C. 4301 et seq. E.O. 10577, 19 FR 7521, 3 CFR 1954-1958 Comp., p. 218; E.O. 14171, 90 FR 8625. Sec. 213.101 also issued under 5 U.S.C. 2103. Sec. 213.3102 also issued under 5 U.S.C. 3307, 8337(h), 8456; 38 U.S.C. 4301 et seq. E.O. 12125, 44 FR 16879, 3 CFR, 1979 Comp., p. 375; E.O. 13124, 64 FR 31103, 3 CFR, 1999 Comp., p. 192; E.O. 13562, 75 FR 82585, 3 CFR, 2010 Comp, p. 291; E.O. 14217, 90 FR 10577; and Presidential Memorandum of May 11, 2010, 75 FR 27157, 3 CFR, 2010 Comp., p. 327. Sec. 213.3202 also issued under 5 U.S.C. 3304.

### Source

Source: 46 FR 20147, Apr. 3, 1981, unless otherwise noted.

### Amendments

[60 FR 35120, July 6, 1995, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5654, Feb. 6, 2026]