[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR213.3301]

[Page 77-78]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 213_EXCEPTED SERVICE--Table of Contents
 
                      Subpart C_Excepted Schedules
 
Sec. 213.3301  Positions of a confidential or policy-determining nature.

    (a) Upon specific authorization by OPM, agencies may make 
appointments under this section to positions which are policy-
determining or which involve a close and confidential working 
relationship with the head of an

[[Page 78]]

agency or other key appointed officials. Positions filled under this 
authority are excepted from the competitive service and constitute 
Schedule C. Each position will be assigned a number from Sec. 213.3302 
to Sec. 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]