[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: 5CFR213.3302]

[Page 78]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 213_EXCEPTED SERVICE--Table of Contents
 
                      Subpart C_Excepted Schedules
 
Sec. 213.3302  Temporary transitional Schedule C positions.

    (a) An agency may establish temporary transitional Schedule C 
positions necessary to assist a department or agency head during the 1-
year period immediately following a change in presidential 
administration, when a new department or agency head has entered on 
duty, or when a new department or agency is created. These positions may 
be established only to meet legitimate needs of the agency in carrying 
out its mission during the period of transition associated with such 
changeovers. They must be of a confidential or policy-determining 
character and are subject to instructions issued by OPM.
    (b) The number of temporary transitional Schedule C positions 
established by an agency cannot exceed either 50 percent of the highest 
number of permanent Schedule C positions filled by that agency at any 
time over the previous 5 years, or three positions, whichever is higher. 
In the event a new department or agency is created, the number of 
temporary transitional positions should reasonable in light of the size 
and program responsibility of that department or agency. OPM may approve 
an increase in an agency's quota to meet a critical need or in unusual 
circumstances.
    (c) Individual appointments under this authority may be made for 120 
days, with one extension of an additional 120 days. They may be deemed 
provisional appointments for purposes of the regulations set out in 
parts 351, 831, 842, 870, and 890 of this chapter if they meet the 
criteria set out in Sec. Sec. 316.401 and 316.403 of this chapter.
    (d) An agency shall notify OPM within 5 working days after a 
temporary transitional Schedule C position has been encumbered and 
within 3 working days when it has been vacated. The agency must also 
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.

[60 FR 35120, July 6, 1995]