Excepted service
Encyclopedia
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 agencies (and some positions within other agencies) are excluded from these provisions. Although they primarily operate on a merit basis also, they have their own hiring systems and evaluation criteria. These agencies are called excepted service agencies and such positions are part of the excepted civil service. The primary common denominator of many of these agencies and positions is that they have national security and/or intelligence functions, such as the Central Intelligence Agency
, the Department of State, the National Security Agency
, the Federal Bureau of Investigation
, Homeland Security Investigations, and the Secret Service
. Attorney
positions, Presidential Management 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.
One key factor concerning the excepted service is that employees have fewer appeal rights (compared to positions in the competitive service) in the event of disciplinary actions or job termination. For example, non-veteran
employees in the excepted service are generally barred from appealing adverse agency personnel decisions to the United States Merit Systems Protection Board
(MSPB) or to the Federal courts. Excepted service agencies have consistently claimed that they need the speed and flexibility afforded by being in the excepted service in order to perform their missions and maintain good order and discipline.
§ 2103:
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
are part of the competitive service
Competitive service
The competitive service is a part of the United States federal government civil service. Applicants for jobs in the competitive civil service must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management.According to U.S...
, where applicants must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management
Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
. However, some agencies (and some positions within other agencies) are excluded from these provisions. Although they primarily operate on a merit basis also, they have their own hiring systems and evaluation criteria. These agencies are called excepted service agencies and such positions are part of the excepted civil service. The primary common denominator of many of these agencies and positions is that they have national security and/or intelligence functions, such as the Central Intelligence Agency
Central Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
, the Department of State, the National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
, the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
, Homeland Security Investigations, and the Secret Service
Secret Service
Secret Service may refer to:* Secret service, umbrella term for various kinds of police or intelligence organizationsAny of the following specific organizations:* Australian Secret Intelligence Service, intelligence agency...
. Attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
positions, Presidential Management Fellows, and Foreign Service
United States Foreign Service
The United States Foreign Service is a component of the United States federal government under the aegis of the United States Department of State. It consists of approximately 11,500 professionals carrying out the foreign policy of the United States and aiding U.S...
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.
One key factor concerning the excepted service is that employees have fewer appeal rights (compared to positions in the competitive service) in the event of disciplinary actions or job termination. For example, non-veteran
Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...
employees in the excepted service are generally barred from appealing adverse agency personnel decisions to the United States Merit Systems Protection Board
United States Merit Systems Protection Board
The Merit Systems Protection Board is an independent quasi-judicial agency established to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management...
(MSPB) or to the Federal courts. Excepted service agencies have consistently claimed that they need the speed and flexibility afforded by being in the excepted service in order to perform their missions and maintain good order and discipline.
Legal definition
From 5 U.S.C.United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
§ 2103:
(a) For the purpose of this title, the excepted service consists of those civil serviceCivil serviceThe term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
positions which are not in the competitive serviceCompetitive serviceThe competitive service is a part of the United States federal government civil service. Applicants for jobs in the competitive civil service must compete with other applicants in open competition under the merit system administered by the Office of Personnel Management.According to U.S...
or the Senior Executive ServiceSenior Executive ServiceThe Senior Executive Service is a paygrade in the civil service of the United States federal government, somewhat analogous to the ranks of general or admiral in the U.S. armed forces...
.
(b) As used in other Acts of the United States CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, “unclassified civil service” or “unclassified service” means the “excepted service”.
Principal excepted agencies
- United States CongressUnited States CongressThe United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
- Personal Office Staff - Administrative Office of the U.S. Courts
- Corporation for National and Community ServiceCorporation For National and Community ServiceThe Corporation for National and Community Service is a federal agency that engages more than five million Americans in service through Senior Corps, AmeriCorps, and Learn and Serve America, and other national service initiatives...
- Central Intelligence AgencyCentral Intelligence AgencyThe Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
(CIA) - Department of TransportationDepartment of TransportationThe Department of Transportation is the most common name for a government agency in North America devoted to transportation. The largest is the United States Department of Transportation, which oversees interstate travel. All U.S. states, Canadian provinces, and many local agencies also have...
(DOT) - Federal Air Marshal ServiceFederal Air Marshal ServiceThe Federal Air Marshal Service is a United States federal law enforcement agency under the supervision of the Transportation Security Administration of the United States Department of Homeland Security...
(FAMS) - Defense Intelligence AgencyDefense Intelligence AgencyThe Defense Intelligence Agency is a member of the Intelligence Community of the United States, and is the central producer and manager of military intelligence for the United States Department of Defense, employing over 16,500 U.S. military and civilian employees worldwide...
(DIA) - Homeland Security Investigations (HSI)
- Federal Bureau of InvestigationFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) - United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
(DOJ) - United States Secret ServiceUnited States Secret ServiceThe United States Secret Service is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division. Until March 1, 2003, the Service was part of the United States...
- Uniformed Division (USSS) - Federal Reserve Board
- Government Accountability OfficeGovernment Accountability OfficeThe Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
(GAO) - Military Sealift CommandMilitary Sealift CommandThe Military Sealift Command is a United States Navy organization that controls most of the replenishment and military transport ships of the Navy. It first came into existence on 9 July 1949 when the Military Sea Transportation Service became solely responsible for the Department of Defense's...
(MSC) - National Geospatial-Intelligence AgencyNational Geospatial-Intelligence AgencyThe National Geospatial-Intelligence Agency is an agency of the federal government of the United States with the primary mission of collecting, analyzing and distributing geospatial intelligence in support of national security. NGA was formerly known as the National Imagery and Mapping Agency ...
(NGA) - National Security AgencyNational Security AgencyThe National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
(NSA) - National Science FoundationNational Science FoundationThe National Science Foundation is a United States government agency that supports fundamental research and education in all the non-medical fields of science and engineering. Its medical counterpart is the National Institutes of Health...
(NSF) - Nuclear Regulatory CommissionNuclear Regulatory CommissionThe Nuclear Regulatory Commission is an independent agency of the United States government that was established by the Energy Reorganization Act of 1974 from the United States Atomic Energy Commission, and was first opened January 19, 1975...
(NRC) - Office of the Solicitor (SOL)
- Peace CorpsPeace CorpsThe Peace Corps is an American volunteer program run by the United States Government, as well as a government agency of the same name. The mission of the Peace Corps includes three goals: providing technical assistance, helping people outside the United States to understand US culture, and helping...
- Tennessee Valley AuthorityTennessee Valley AuthorityThe Tennessee Valley Authority is a federally owned corporation in the United States created by congressional charter in May 1933 to provide navigation, flood control, electricity generation, fertilizer manufacturing, and economic development in the Tennessee Valley, a region particularly affected...
(TVA) - United States Postal ServiceUnited States Postal ServiceThe United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
(USPS) - Federal Reserve System, Board of Governors
- Foreign Commercial Service (DoC)
- United States Agency for International DevelopmentUnited States Agency for International DevelopmentThe United States Agency for International Development is the United States federal government agency primarily responsible for administering civilian foreign aid. President John F. Kennedy created USAID in 1961 by executive order to implement development assistance programs in the areas...
(USAID) - Department of Veterans AffairsUnited States Department of Veterans AffairsThe United States Department of Veterans Affairs is a government-run military veteran benefit system with Cabinet-level status. It is the United States government’s second largest department, after the United States Department of Defense...
(VA) - United States Department of StateUnited States Department of StateThe United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
- United States Election Assistance Commission
- U.S. Supreme Court, Personnel Office
- National Maritime Intelligence CenterNational Maritime Intelligence CenterThe National Maritime Intelligence Center is a United States Navy military intelligence facility located in Suitland-Silver Hill, Maryland in Prince George's County, Maryland located east of Washington, DC and is part of the Suitland Federal Center.NMIC houses offices of the Office of Naval...
- US Department of Homeland Security (DHS) - Transportation Security AdministrationTransportation Security AdministrationThe Transportation Security Administration is an agency of the U.S. Department of Homeland Security that exercises authority over the safety and security of the traveling public in the United States....
(TSA) - Department of Defense Education ActivityDepartment of Defense Education ActivityThe Department of Defense Education Activity is a civilian agency of the United States Department of Defense that manages all schools for military children and teenagers, as well as foreign service children and teenagers, in the United States and also overseas at American military bases worldwide...
(DODEA) - Naval Acquisition Career Center or Naval Acquisition Intern Program - NACC Interns also called NAIP interns
- National Nuclear Security AdministrationNational Nuclear Security AdministrationThe United States National Nuclear Security Administration is part of the United States Department of Energy. It works to improve national security through the military application of nuclear energy...
(NNSA)
Other agencies with large numbers of excepted positions
- United States Patent and Trademark OfficeUnited States Patent and Trademark OfficeThe United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) — Patent examiners and trademark examining attorneys