The Federal Government consists of three types of services, the Competitive Service, the Excepted Service, and the Senior Executive Service. The competitive service consists of all civil service positions in the executive branch of the Federal Government with some exceptions. The exceptions are defined in section 2102 of title 5, United States Code (5 U.S.C. 2102)
In the competitive service, individual must go through a competitive process (i.e. competitive examining) which is open to all applicants. This process may consist of a written test, an evaluation of the individual's education and experience, and/or an evaluation of other attributes necessary for successful performance in the position to be filled.
Appointments to the Excepted Service are civil service appointments within the Federal Government that do not confer competitive status. There are a number of ways to be appointed to the excepted service such as appointed under an authority defined by the U.S. Office of Personnel Management (OPM) as excepted (e.g. Veterans Recruitment Appointment) or being appointed to a position defined by OPM as excepted (e.g. Attorneys) More information can be found about the excepted service in 5 U.S.C. 2103 and parts 213 and 302 of title 5 of the Code of Federal Regulations.
The Federal Government employs permanent and temporary employees. Permanent employees are generally hired under a career-conditional appointment (Permanent - Career-Conditional Appointment). Normally this is the first career-type of appointment and the appointee must complete a 1-year probationary period and a total of 3 years continuous creditable service to attain a career appointment (Permanent - Career Appointment).
Temporary appointments are defined as appointments expected to last for a specified period not to exceed 1 year (Temporary Appointment - Time limited not to exceed 1 year but could be less) or a specified period of time that is at least more than 1-year but not to exceed 4 years (Term Appointment - Time limited more than one year but not more than 4 years). Neither type of appointment is a permanent one, so they do not give the employee competitive/permanent status.
The U.S. Office of Personnel Management (OPM) provides the following list of the primary appointing authorities agencies may use to make career and career-conditional appointments. OPM prepared this list to assist Federal human resources specialists. The list includes citations to applicable law. It also provides the conditions for appointments made under interchange agreements entered into between an agency and OPM. OPM also provides a partial list of statutory appointing authorities outside of title 5, United States Code (5 U.S.C.). OPM does not regulate appointment authorities outside of title 5. For a description of non-title 5 authorities, agencies should consult the cited laws.
Appointments under the authorities listed below may be subject to additional eligibility requirements, such as citizenship, which are not included in this information.
OPM reminds agencies they must report all vacancies to OPM and must give selection priority in hiring as required by the Career Transition Assistance Program for Surplus and Displaced Employees(external link). See title 5, Code of Federal Regulations (5 CFR) Part 330, Subparts F(external link) and G(external link).
Using OPM-approved governmentwide or agency specific direct-hire authorities, agencies may appoint candidates to positions without regard to the requirements in title 5 U.S.C. 3309(external link) through 3318. In order for an agency to use direct hire, OPM must determine that there is either a severe shortage of candidates or a critical hiring need for a position or group of positions.
When using the direct-hire authority, agencies must adhere to the public notice requirements in 5 U.S.C. 3327 (external link)and 3330(external link), and the displaced employee procedures in 5 CFR part 330(external link), subparts B(external link), F(external link), and G(external link). When documenting appointments using a direct-hire authority, an agency must use two authority codes. The first code is "AYM" and will automatically fill in with "Reg. 337.201." The second authority code will be the individual one associated with the specific direct-hire authority. These codes are listed below along with the information about each direct-hire authority.
Medical Occupations - All grade levels at all locations for the following occupations (GW001, issued June 20, 2003), Second authority code BAB:
Information Technology Management (Information Security), GS-2210, GS-9 and above at all locations (GW002, issued June 20, 2003), Second authority Code: BAC
Positions involved in Iraqi Reconstruction Efforts that require fluency in Arabic or other related Middle Eastern languages at all WG levels, single-grade interval occupations in the General Schedule (GS), and two-grade interval GS occupations at GS-9 and above. Agencies may appoint U.S. citizens to positions at all locations. (GW003, issued July 1, 2003), Second authority Code: BAD
GW-004, Effective September 30, 2012 is extended by Sec. 1103 of the National Defense Authorization Act (NDAA) for Federal Acquisition positions covered under title 41, United States Code 433(g)(1)(A). This authority is based on a severe-shortage of candidates. Prior to using this authority, the department and agency heads (other than the Secretary of Defense) must determine whether a shortage of highly qualified individuals exists. When determining the existence of a shortage of highly qualified individuals, agencies are required to use the supporting evidence prescribed in 5 CFR 337.204(b). The supporting evidence must be kept in a file for documentation and reporting purposes. In accordance with 5 CFR 337.206(c), OPM may request information from agencies on their use and implementation of this direct-hire authority. This authority expires on September 30, 2017. Agencies may not appoint any individual to a position of employment using this authority after September 30, 2017. The legal authority code for SF-50 item 5-E is “BAE.”
GW-006 (VMO) Issued on February 12, 2009 for Veterinary Medical Officer positions at the GS-11 through GS-15 grade levels (or equivalent) nationwide to include overseas territories and commonwealths including Puerto Rico, Guam, and Virgin Islands, may be used indefinitely or until OPM terminates this authority. This authority is based on a severe shortage of candidates. In accordance with 5 CFR 337.206(c)(external link), OPM may request information from agencies on their use and implementation of this direct-hire authority. On a periodic basis OPM will determine if continued use is supportable. The legal authority code for SF-50 item 5-E is "BAG."
Competitive examining is the traditional method for making appointments to competitive service positions and requires adherence to title 5's competitive examining requirements. OPM may delegate authority, by agreement, to an agency to examine for all of its competitive service positions (except administrative law judges). Vacancies filled through the competitive examining process are open to the public.
Agencies may appoint current career and career-conditional employees by transfer (Subpart E).
Agencies may appoint former career and career-conditional employees by reinstatement, but certain time limits may apply (Subpart D).
Employees appointed by transfer or reinstatement may be required to compete under the agency's merit promotion program. See 5 CFR Part 335(external link).
Several Governmentwide appointing authorities, listed below, permit or require agencies to noncompetitively convert employees to career or career-conditional appointments from excepted service or temporary appointments. In addition, some agencies may have their own conversion authority(ies) based on specific provisions of law.