The excepted service is the part of the United States federal civil service that is not part of either the competitive service or the Senior Executive Service. It allows streamlined hiring processes to be used under certain circumstances.
Most civilian positions in the federal government of the United States are part of the competitive service, where applicants must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management. However, some positions are excluded from these provisions, and some agencies are composed entirely of excepted service positions. Agencies with excepted service positions may employ unique evaluation criteria, such as with research grade evaluation scientists, who are reviewed based on scientific output. Some agencies may use excepted service hiring authorities, such as Veterans Recruitment Appointment (VRA) or Schedule A (disability). Positions filled using these hiring authorities (and which are not always excepted service, such as attorneys) may remain in the excepted service or may convert to the competitive service after a set amount of time (usually two years).
A common feature of many of these agencies and positions is that they have national security and/or intelligence functions, such as the National Geospatial-Intelligence Agency, National Reconnaissance Office, Central Intelligence Agency, the Department of State, the Defense Intelligence Agency, the Defense Counterintelligence and Security Agency, the National Security Agency, the Federal Bureau of Investigation, U.S. Secret Service, and the NCIS. Attorney positions, Presidential Management Fellows, Presidential Innovation Fellows, and Foreign Service positions are examples of positions excepted across-the-board in all Federal agencies. Not all excepted service members serve in sensitive areas—for example, teachers and administrators at DOD schools, both in the U.S. and overseas, are also excepted, as are all patent examiners. In addition, most employees in the legislative branch of the federal government are excepted service employees.
Until the Civil Service Due Process Amendments Act of 1990 (Pub. L. No. 101-376, 104 Stat. 461), employees in the excepted service who did not have veteran's preference did not have the right to appeal adverse actions to the United States Merit Systems Protection Board (MSPB). These amendments made it so that most employees in the excepted service, who had completed a two-year trial period (also called a probationary period) had appeal rights. The current statute (5 U.S.C. section 7511(b)) excludes certain positions, including anyone whose appointment was made by the advice and consent of the Senate, anyone appointed by the President, anyone whose position was determined to be of a confidential, policy-determining, policy-making, or policy-advocating character by the President or the Office of Personnel Management, members of the Foreign Service, employees of the Central Intelligence Agency or Government Accountability Office, and many employees of the Postal Service, Postal Regulatory Commission, Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, and intelligence components of the Department of Defense. These employees have no right to external appeals.
From 5 U.S.C. § 2103:
(a) For the purpose of this title, the excepted service consists of those civil service positions which are not in the competitive service or the Senior Executive Service.(b) As used in other Acts of the United States Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.
A hiring authority is the law, executive order, or regulation that allows an agency to hire a person into the federal civil service.[2]
Some service positions are classified by the Office of Personnel Management into lettered categories, although not all excepted service authorities fall into this classification:
Schedules A and B were created by the Pendleton Civil Service Reform Act of 1883, Schedule C was created in 1956, and Schedule D was created in 2012. Schedule E was created in 2018. Schedule F was created in October 2020 and repealed in January 2021.[6]
Several excepted service hiring authorities are not classified into the OPM schedules. Some of the more prevalent include:
The following are selected excepted service agencies:[14]