---
kind: "section"
citation: "6 C.F.R. § 158.1001"
title: "6"
number: "158.1001"
heading: "Advisory appointments and advisory appointees."
url: "https://uscodex.org/cfr/6/158.1001"
---

# §158.1001. Advisory appointments and advisory appointees.

- (a) **An advisory appointment is an appointment to a qualified position that—**
  - (1) The Secretary determines is of a policy-determining, policy-making, or policy-advocating character or involves a close and confidential working relationship with the Secretary or other key appointed officials;
  - (2) Does not have a salary set by statute; and
  - (3) **Is not required to be filled by an appointment by the President.**
- (b) An advisory appointment to a qualified position is treated as a Schedule C position under [5 CFR 213.3301](/cfr/5/213.3301.md) except regarding appointment and compensation. Talent management for a DHS-CS advisory appointee is in accordance with the provisions of [5 CFR](/cfr/5.md) applicable to Schedule C appointees, except that appointment and compensation for a DHS-CS advisory appointee is governed by this part.
- (c) Employment restrictions such as those concerning the criminal conflict of interest statutes, standards of ethical conduct, partisan political activity, and contained in laws such as Executive Orders, government-wide ethics regulations and the Hatch Act ([5 U.S.C. 7321](/usc/5/7321.md) et seq.), apply to a DHS-CS advisory appointee as if the employee were a Schedule C appointee.
- (d) The Department tracks and coordinates advisory appointments with the Executive Office of the President and the Office of Personnel Management (OPM), as appropriate.

## Notes

### Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

### Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.