Not all federal positions are filled through the standard competitive hiring process. Excepted service is a category of federal employment that operates outside of competitive service procedures, giving agencies greater flexibility in how they bring certain roles on board. Understanding what excepted service is, who it applies to, and what rules still govern it is foundational knowledge for federal HR professionals.
- What excepted service is and where the governing authority is found
- How excepted service positions differ from competitive service positions
- The six schedule-based appointment types that fall under excepted service
- Which agencies and positions are exempt by law
- Why merit principles and other legal frameworks still apply
- Key statutory references for further reading
The following sections explain each of these elements and provide reference points for continued study.
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Excepted service refers to civil service positions within the federal government that are exempt from competitive service procedures and that do not confer competitive status upon appointment. The governing authority is 5 U.S. Code 2103, along with Parts 213 and 302 of Title 5 of the Code of Federal Regulations.
Positions may be placed in the excepted service in one of two ways: either by appointment under an authority that OPM has defined as excepted, such as the Veterans Recruitment Appointment authority, or by being appointed to a position that OPM has defined as excepted by nature, such as attorney positions.
How Excepted Service Differs from Competitive Service
The competitive service is the standard merit-based GS-level system that covers most federal positions. It uses established competitive examining processes to fill roles, and appointments through that process confer competitive status on the employee.
Excepted service positions sit outside that framework. Agencies use their own established procedures rather than standard competitive examining, but they are still required to make merit-based selections. The flexibility is in the process, not in the standard. Excepted employees generally cannot apply for competitive service positions unless they go through the competitive examining process, such as applying to an open announcement on USAJOBS that is designated as open to all U.S. citizens.
The Six Schedule-Based Appointment Types
Within excepted service, there are six schedule-based appointment categories.
Schedule A appointments include attorneys, law clerks, individuals with disabilities, and other positions OPM designates as eligible for this schedule. Schedule B covers positions for which it is not practicable to hold an open examination, including the Veterans Recruitment Appointment authority. Schedule C appointments involve positions that are policy-determining in nature or require a close and confidential working relationship with senior agency leadership or key appointed officials.
Schedule D appointments cover positions that are confidential or policy-determining in character and for which competitive service requirements are considered impracticable. This schedule encompasses programs such as Pathways, which includes recent graduates and Presidential Management Fellows. Schedule E appointments are reserved for administrative law judges. Schedule F covers positions considered to be confidential, policy-determining, policymaking, or policy-advocating in nature and that are not normally subject to presidential transition.
Agencies and Positions Exempt by Law
In addition to the schedule-based appointments, certain agencies are entirely exempt from competitive service by statute. These include the Central Intelligence Agency, the Federal Bureau of Investigation, the Federal Deposit Insurance Corporation, and the Department of State. Some agencies also exclude specific positions from competitive service requirements. VA medical staff is one commonly referenced example. Department of Defense cyber personnel under a dedicated personnel system represent another category that falls within excepted service.
Merit Principles Still Apply
A critical point to emphasize is that excepted service does not mean unregulated hiring. All excepted service positions remain subject to federal merit system principles. Agencies must still ensure that their selection processes are merit-based and that prohibited personnel practices are not occurring. The flexibility that excepted service provides is in the mechanism of appointment, not in permission to bypass the fundamental standards of fair and merit-based federal employment.
Depending on the agency and the position, different statutory frameworks may govern the employment relationship. The Department of Veterans Affairs uses Title 38. The Department of Defense and the National Security Agency use Title 10 for armed forces positions, and Title 50 for war and national defense roles.
- Excepted service covers federal positions that are exempt from competitive service procedures and that do not confer competitive status.
- The governing authority is 5 U.S. Code 2103 and Parts 213 and 302 of 5 CFR.
- Agencies use their own established procedures for excepted service hiring, but merit-based selection is still required.
- The six schedule-based appointment types are Schedules A through F, each covering a defined category of positions.
- Several agencies, including the CIA, FBI, FDIC, and State Department, are exempt from competitive service requirements by law.
- Merit system principles and applicable statutory frameworks continue to govern excepted service positions regardless of the appointment type.