28 USC § 536 - Positions in excepted service

---
identifier: "/us/usc/t28/s536"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 536 - Positions in excepted service"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "536"
section_name: "Positions in excepted service"
chapter_number: 33
chapter_name: "FEDERAL BUREAU OF INVESTIGATION"
part_number: "II"
part_name: "DEPARTMENT OF JUSTICE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)"
---


# § 536. Positions in excepted service

All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service.

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**Source Credit**: (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)

| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
|  | 5 U.S.C. 300d. | Aug. 31, 1964, Pub. L. 88–527, § 201 (2nd par. under “Federal Bureau of Investigation”), 78 Stat. 718. |
|  | 5 U.S.C. 341c (last sentence). | July 28, 1950, ch. 503, § 5 (last sentence), 4 Stat. 380. |

The section is revised and restated to eliminate ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. The language used to define the excepted status of the positions, officers, and employees is based on revised sections 2102 and 2103 of title 5, United States Code.

The provisions of this section were made permanent by the Act of , . Identical provisions appearing in former  are derived from the Department of Justice Appropriation Act, 1965, and earlier appropriation Acts for the Department of Justice running back to 1942, which Acts are identified in a note under former , U.S.C. 1964 ed.