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What is an excepted service position under Title 42?

Published in Federal Excepted Service 4 mins read

An excepted service position under Title 42 refers to a specific category of federal employment that allows certain specialized professionals, primarily scientists and special consultants, to be hired by agencies like the Public Health Service or the Environmental Protection Agency outside of the traditional competitive civil service process.

Understanding Excepted Service

In the United States federal civil service, employment is broadly categorized into different types, each with its own set of rules and regulations. The primary categories include:

  • Competitive Service: This is the most common type, requiring applicants to go through a rigorous competitive process, often involving examinations, strict qualification standards, and adherence to veterans' preference laws.
  • Excepted Service: These positions are "excepted" from the competitive hiring requirements outlined in Title 5 of the U.S. Code. This allows agencies greater flexibility in recruiting and appointing individuals for specific roles that might not fit the standard competitive framework.
  • Senior Executive Service (SES): Comprises high-level leadership positions.

Title 42 Appointments: A Specialized Excepted Service Category

A Title 42 appointment is a unique form of excepted service employment category. Its core purpose is to enable federal agencies to quickly and efficiently onboard individuals with highly specialized skills, particularly in scientific and consulting fields, who are crucial for specific agency missions.

Here's what defines a Title 42 position:

  • Agencies Involved: Primarily used by components of the Public Health Service (PHS), such as the National Institutes of Health (NIH), Centers for Disease Control and Prevention (CDC), and the Food and Drug Administration (FDA), as well as the Environmental Protection Agency (EPA). These agencies often require expertise that is not readily available through standard hiring channels.
  • Target Roles: It is specifically designed for scientists and special consultants. This includes researchers, medical professionals, and other experts whose unique knowledge is vital to public health and environmental protection.
  • Streamlined Process: A key characteristic of Title 42 appointments is their ability to hire "without regard to the civil-service laws." This means that agencies can bypass many of the lengthy, prescriptive hiring procedures typically associated with the competitive service. This flexibility allows for:
    • Faster Hiring: Agencies can onboard critical talent much more quickly, which is especially important during public health emergencies or for time-sensitive research projects.
    • Direct Appointments: Positions may be filled without the requirement for public job announcements, competitive rating and ranking, or the application of veterans' preference rules in the same way as competitive service positions.
    • Tailored Compensation: While still adhering to federal pay scales, there can be more flexibility in salary setting to attract top-tier talent.
  • Purpose: The flexibility afforded by Title 42 is essential for agencies to respond rapidly to evolving scientific needs, public health crises (like pandemics), and complex environmental challenges, ensuring they have the specialized workforce required to protect the nation's health and environment.

Key Characteristics and Benefits

Characteristic Description
Flexibility Allows agencies to respond swiftly to urgent staffing needs and hire highly specialized professionals outside of the lengthy competitive process.
Specialized Talent Specifically targets scientists, medical professionals, and expert consultants whose skills are critical to the Public Health Service and EPA missions.
Reduced Bureaucracy By operating "without regard to the civil-service laws," it reduces the administrative burden and timelines associated with traditional federal hiring, enabling a more agile workforce.
Mission-Critical Often utilized for roles directly supporting critical public health research, disease prevention, environmental protection, and emergency response efforts, where delays could have significant societal impacts.
Tenure While some Title 42 appointments can be long-term, many are temporary or project-based, allowing agencies to scale their workforce based on project cycles or emergent needs. Employment status and benefits can vary based on the specific authority and length of appointment.

In summary, a Title 42 excepted service position is a vital tool for certain federal agencies to quickly secure the specialized scientific and consulting expertise necessary to fulfill their critical public health and environmental missions, by providing a more streamlined and flexible hiring pathway than the traditional civil service system.