U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart A— General Provisions › Chapter CHAPTER 21— DEFINITIONS

5 U.S.C. § 2103

The excepted service

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(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 Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L. 95–454, title IV, § 401(c), Oct. 13, 1978, 92 Stat. 1154.)Historical and Revision Notes

The section is supplied for convenience. The “excepted service” has come to mean all employees not in the competitive service, for whatever reason.

Editorial NotesAmendments

1978—Subsec. (a). Pub. L. 95–454 inserted reference to Senior Executive Service.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.

Notes of Decisions
Cited in 53 cases (4 in the last 5 years), 1960–2025 · leading case: Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012).
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Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012). · cites it 2× “Finally, section 2103 of the 1966 Act, 5 U.S.C. § 2103 (1966), provided that “[f]or purposes of this title, the ‘excepted service’ consists of those civil service positions which are not in the competitive service.”
Jefferson v. Harris, 170 F. Supp. 3d 194 (D.D.C. 2016). “As a member of the “excepted service,” see 5 U.S.C. § 2103 (defining “excepted service” to consist “of those civil service positions which are not in the competitive service or the Senior Executive Service”), Jefferson had few, if any, means of seeking recourse for wrongs…”
Juanita A. Rosete v. Off. of Pers. Mgmt., 48 F.3d 514 (Fed. Cir. 1995). “5 U.S.C. § 2103 (1988); see also Collaso v.”
Jephunneh Lawrence v. Elmer B. Staats, 640 F.2d 427 (D.C. Cir. 1981). · cites it 2× “The term “excepted service” is defined in 5 U.S.C. § 2103 as follows: (a) For the purpose of this title, the “excepted service” consists of those civil service positions which are not in the competitive service.”
Van Wersch v. Dep't of Health & Human Servs., 197 F.3d 1144 (Fed. Cir. 1999). “See 5 U.S.C. § 2103 . . Unless otherwise indicated, all references to regulations are to regulations as set forth in the 1994 Code of Federal Regulations.”
Semper v. United States, 100 Fed. Cl. 621 (Fed. Cl. 2011). · cites it 3× “5 U.S.C. § 2103 . Judicial employees are not part of the competitive service.”
Marcia R. Harrison v. Otis R. Bowen, Sec'y, H.H.S, 815 F.2d 1505 (D.C. Cir. 1987). “See 5 U.S.C. § 2103 ; Doe v. United States Dep’t of Justice, 753 F.”
Guy C. Patterson v. Dep't of the Interior, 424 F.3d 1151 (Fed. Cir. 2005). “” 5 U.S.C. § 2103 . Congress has delegated to the President authority to designate civil service positions that are in the excepted service, see id.”
Theard v. United States Army, 653 F. Supp. 536 (M.D.N.C. 1987). · cites it 2× “” 5 U.S.C. § 2103 (a). Plaintiff received her KP position because she was married to soldier; she did not merit this position through a competitive entrance examination.”
Feds for Med. Freedom v. Biden, 30 F.4th 503 (5th Cir. 2022). “(citing 5 U.S.C. § 2103 (a)). 6 Case: 22-40043 Document: 00516272475 Page: 7 Date Filed: 04/07/2022 No.”
Kenneth Erdel v. Dep't of the Army, 2023 MSPB 27 (MSPB 2023). “Specifically, the statutory language is applicable to individuals appointed and employed under 5 U.S.C. §§ 2103 , 2105, and 3101, and 32 U.”
Morris v. Roche, 182 F. Supp. 2d 1260 (M.D. Ga. 2002). “§ 2102 ; and (3) the excepted service, see 5 U.S.C.A. § 2103 . See Fausto, 484 U.S. at 441 n.”
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