5 C.F.R. § 213.3301

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

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(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]

Notes of Decisions

Cited in 4 cases, 1977–1983 · leading case: Comm. for Prot. of First Amendment Rights of Dep't of Agric. Employees v. Bergland, 434 F. Supp. 314 (D.D.C. 1977).

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Comm. for Prot. of First Amendment Rights of Dep't of Agric. Employees v. Bergland, 434 F. Supp. 314 (D.D.C. 1977). “That these positions have been designated as Schedule A by the Civil Service Commission, rather than Schedule C “confidential or policy-determining positions,” 5 C.F.R. § 213.3301 , does not mean that they are “not policy-making” positions within the ambit of Elrod .”

Shirey v. Devine, 670 F.2d 1188 (D.C. Cir. 1982). “See 5 C.F.R. §§ 213.3301 —.3399 (1981). It encompasses a variety of nonconfidential positions as well, including attorneys, interpreters, temporary scientific, researchers, White House Fellows, and physicians employed under contract.”

Termination of an Assistant United States Attorney on Grounds Related to His Acknowledged Homosexuality (OLC 1983). “AUSA positions do not fall w ithin Schedule C , 5 C.F.R. § 213.3301 , and are not, therefore, within any o f the exceptions to the coverage o f this statute.”

Review of Agency Schedule C Appointments by the Exec. Off. of the President (OLC 1982). “5 C.F.R. § 213.3301 (1981).4 These posi tions have always been used as a way to provide trustworthy aides to pol icymakers and they were, in fact, conceived for that very reason.”

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