Qualifications for Schedule C Excepted Service Appointments in the Executive Office of the President

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Merit-based hiring for White House roles

AKA “American Merit Preservation Act”


Which agency/agencies promulgated the regulation? *
U.S. Office of Personnel Management
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
5 C.F.R. Part 213, Subpart C ( §§ 213.3301–213.3309 )
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Qualifications for Schedule C Excepted Service Appointments in the Executive Office of the President
Please provide a short summary of the justifications for the rescission. *
Eliminates a broad excepted-service shortcut that lets White House staff bypass competitive-service qualification standards—restoring merit-based hiring for all Executive Office roles
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Office of Personnel Management 1900 E Street NW Washington, DC 20415
Please insert the contact information for the agency. *
regulations@opm.gov
What is the background for the regulation being rescinded? *
Schedule C was created to allow short-term confidential and policy-determining roles to be filled without open competition. Over decades it has ballooned into a catch-all for hundreds of White House and EOP positions, with no uniform credential or assessment requirements.
Explain the reasons for the rescission. *
1. Reinstate fundamental merit-system protections for high-level policy and advisory roles. 2. Prevent unchecked patronage by granting career civil servants equal access. 3. Align Executive Office staffing with competitive-service and SES norms elsewhere in government.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
“Subpart C of Part 213 (Schedule C appointments) is hereby removed. No position in the Executive Office of the President may be classified under the Excepted Service—Schedule C. All such positions shall be filled under the competitive-service provisions of Part 302 or under qualified SES appointment rules in Part 317.”
Please insert the name of the current agency head. *
Scott Kupor
Please insert the title of the agency head. *
Director, U.S. Office of Personnel Management

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