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5 U.S.C. § 2103 — The excepted service
Federal law — U.S. Code and appendices · legal_authorities
**(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”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2103
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Stable record: federal_law:legal_authorities:record_usc_5c32fb49f47f6ae111ba03e6
Source file: Laws/federal/codes/united-states-code/title-5/section-2103-the-excepted-service--0d8f309401.md
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Passage SHA-256: 6815b71728e09bd3f9d640c6895f7b95317924e19232c03783ff66a6a9b5ffc9
Source location: Title 5, Chapter 21, § 2103; chapter-021-definitions.md
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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”.
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The Secretary of Defense may—
(A) establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
(2) The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
**(b) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under su
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599f
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) The term “defense intelligence position” means a civilian position as an intelligence officer or intelligence employee of the Department of Defense.
(2) The term “intelligence component of the Department of Defense” means any of the following:
(A) The National Security Agency.
(B) The Defense Intelligence Agency.
(C) The National Geospatial-Intelligence Agency.
(D) Any other component of the Department of Defense that performs intelligence functions and is designated by the Secretary of Defense as an intelligence component of the Department of Defense.
(E) Any successor to a component specified in, or designated pursuant to, this paragraph.
(3) The term “congressional oversight committees” means—
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(4) The term “excepted service” has the meaning given such term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(5) The term “preference eligible” has the meaning given such term in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim).
(6) The term “Senior Executive Service position” has the meaning given such term in [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim).
(7) The term “collective bargaining agreement” has the meaning given such term in [section 7103(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/8&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1614
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary.—**
(1) If the Secretary of Defense makes a determination that appropriate educational programs are not available through a local educational agency for dependents of members of the armed forces and dependents of civilian employees of the Federal Government residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States), the Secretary may enter into arrangements to provide for the elementary or secondary education of the dependents of such members of the armed forces and, to the extent authorized in subsection (c), the dependents of such civilian employees.
(2) The Secretary may, at the discretion of the Secretary, permit dependents of members of the armed forces and, to the extent provided in subsection (c), dependents of civilian employees of the Federal Government residing in a territory, commonwealth, or possession of the United States but not on a military installation, to enroll in an educational program provided by the Secretary pursuant to this subsection. If a member of the armed forces is assigned to a remote location or is assigned to an unaccompanied tour of duty, a dependent of the member who resides, on or off a military installation, in a territory, commonwealth, or possession of the United States, as authorized by the member’s orders, may be enrolled in an educational program provided by the Secretary under this subsection.
(3)
(A) Under the circumstances described in subparagraph (B), the Secretary may, at the discretion of the Secretary, permit a dependent of a member of the armed forces to enroll in an educational program provided by the Secretary pursuant to this subsection without regard to the requirement in paragraph (1) with respect to residen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2164
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Seal; appointment and compensation of personnel; use of other services and facilities** The Administration shall have power to adopt, alter, and use a seal, which shall be judicially noticed. The Administrator is authorized, subject to the civil service and classification laws, to select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this chapter; to define their authority and duties; and to pay the costs of qualification of certain of them as notaries public. The Administration, with the consent of any board, commission, independent establishment, or executive department of the Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including any field service thereof), officers, and employees thereof, in carrying out the provisions of this chapter.
**(b) Powers of Administrator** In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter the Administrator may—
(1) sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Administrator or his property;
(2) under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, p
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 634
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Research on Effect of Automation on Performance.—** To develop the means necessary to establish appropriate selection criteria and training methodologies for the next generation of air traffic controllers, the Administrator of the Federal Aviation Administration shall conduct research to study the effect of automation on the performance of the next generation of air traffic controllers and the air traffic control system. The research shall include investigating—
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
**(b) Research on Human Factor Aspects of Automation.—** The Administrators of the Federal Aviation Administration and National Aeronautics and Space Administration may make an agreement for the use of the National Aeronautics and Space Administration’s unique human factor facilities and expertise in conducting research activities to study the human factor aspects of the highly automated environment fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44506
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Federal law — U.S. Code and appendices · legal_authorities
The President may prescribe regulations for the conduct of employees in the executive branch.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7301
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Federal law — U.S. Code and appendices · legal_authorities
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8715
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
(2) **Collective bargaining agreement** — The term “collective bargaining agreement” has the meaning given that term in [section 7103(a)(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a/8&num=0&edition=prelim).
(3) **Excepted service** — The term “excepted service” has the meaning given that term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(4) **Preference eligible** — The term “preference eligible” has the meaning given that term in [section 2108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108&num=0&edition=prelim).
(5) **Qualified position** — The term “qualified position” means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity.
(6) **Senior Executive Service** — The term “Senior Executive Service” has the meaning given that term in [section 2101a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101a&num=0&edition=prelim).
**(b) General authority**
(1) **Establish positions, appoint personnel, and fix rates of pay**
(A) *General authority* — The Secretary may—
(i) establish, as positions in the excepted service, such qualified p
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 665a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means—
(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) **Excepted service** — The term “excepted service” has the meaning given that term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(3) **Historically Black college or university** — The term “historically Black college or university” has the meaning given the term “part B institution” in [section 1061 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1061&num=0&edition=prelim).
(4) **Institution of higher education** — The term “institution of higher education” has the meaning given that term in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).
(5) **Minority-serving institution** — The term “minority-serving institution” means an institution of higher education described in [section 1067q(a) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1067q/a&num=0&edition=prelim).
**(b) Program** The Secretary shall carry out an intelligence and cybersecurity diversity fellowship program (in this section referred to as the “Program”) under which an eligible individual may—
(1) participate in a paid internship at the Department that relates to intelligence, cybersecurity, or some combination thereof;
(2) receive tuition assistance from the Secretary
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 665i
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