[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Rules and Regulations]
[Pages 35119-35120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16545]



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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 213 and 316

RIN 3206-AF56


Temporary Schedule C Positions

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is amending its 
regulations which permit agencies to establish temporary Schedule C 
positions in order to assist a department or agency head during the 
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. To simplify the Schedule C appointment 
process, OPM is combining two separate, temporary Schedule C 
authorities into a single transitional appointing authority, and is 
setting a new overall limit on the number of new positions agencies may 
establish.

EFFECTIVE DATE: August 7, 1995.

FOR FURTHER INFORMATION CONTACT: Sylvia Cole, (202) 606-0950, or fax 
(202) 606-0390.

SUPPLEMENTARY INFORMATION: On December 7, 1994 (59 FR 63064), OPM 
published proposed regulations to merge the Identical Temporary 
Schedule C (ITC) and New Temporary Schedule C (NTC) authorities into a 
single temporary transitional authority. Agencies could use this 
authority without prior OPM approval for up to a year after a 
Presidential transition or a new agency head came on board, and 
individual appointments could be made for up to 120 days, with one 
extension for an additional 120 days.
    In addition, OPM proposed to revise the overall limit on the number 
of positions an agency could establish to 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.
    The proposed regulations also codified a requirement in law on the 
detailing of Schedule C incumbents to the White House, and contained a 
conforming amendment to part 316, Sec. 316.403, pertaining to 
provisional appointments, to change the terminology of ITC and NTC 
appointments to temporary transitional.
    We received comments from one Federal agency that was in favor of 
establishing a single transitional authority, but felt the agency quota 
of new positions should be increased or eliminated to reduce potential 
delays in filling critical positions. The agency suggested that this 
decision should be delegated to the head of each agency. We did not 
adopt this suggestion. The quota is designed to permit agencies to 
bring a reasonable number of Schedule C appointees on board during 
transition periods when OPM may not be able to process agency requests 
in a timely manner. Not all Schedule C positions are critical. 
Therefore, the quota of 50 percent of the highest number of permanent 
Schedule C positions filled at any time over the previous 5 years 
should meet the needs of most agencies. However, we recognize there may 
be extenuating circumstances in individual cases, and have included a 
provision under which OPM may approve increases in the quota to meet 
critical needs or in unusual circumstances.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities (including 
small businesses, small organizational units, and small governmental 
jurisdictions) because they apply only to Federal employees.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

[[Page 35120]]


List of Subjects

5 CFR Part 213

    Government employees, Reporting and recordkeeping requirements.

5 CFR Part 316

    Government employees.

Office of Personnel Management,
James B. King,
Director.

    Accordingly, OPM is amending 5 CFR part 213 as follows:

PART 213--EXCEPTED SERVICE
    1. The authority citation for part 213 continues to read as 
follows:

    Authority: 5 U.S.C. 3301 and 3302, E.O. 10577, 3 CFR 1954-1958 
Comp., p. 218; section 213.101 also issued under 5 U.S.C. 2103; 
section 213.3102 also issued under 5 U.S.C. 3301, 3302, 3307, 
8337(h) and 8456; E.O. 12364, 47 FR 22931, 3 CFR 1982 Comp., p. 185.

    2. Section 213.3301 is revised and Sec. 213.3301b is removed to 
read as follows:


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 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.
    3. Section 213.3302 is revised to read as follows:


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 Secs. 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.

PART 316--TEMPORARY AND TERM EMPLOYMENT

    4. The authority citation for part 316 continues to read as 
follows:

    Authority: 5 U.S.C. 3301, 3302, and E.O. 10577 (3 CFR 1954-1958 
Comp., p.218); section 316.302 also issued under 5 U.S.C. 3304(c), 
38 U.S.C. 2014, and E.O. 12362, as revised by E.O. 12585; section 
316.402 also issued under 5 U.S.C. 3304(c) and 3312, 22 U.S.C. 2506 
(93 Stat. 371), E.O. 12137, 38 U.S.C. 2014 and E.O. 12362, as 
revised by E.O. 12585 and E.O. 12721.

    5. In section 316.403, paragraph (b)(3) is revised to read as 
follows:


Sec. 316.403  Designation of provisional appointments.

* * * * *
    (b) * * *
    (3) Temporary transitional Schedule C appointments made under 
Sec. 213.3302 of this chapter, when the appointees are to be converted 
to nontemporary Schedule C appointments upon OPM approval and 
completion of necessary clearances.
* * * * *
[FR Doc. 95-16545 Filed 7-5-95; 8:45 am]
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