§ 709. Employment restrictions

388 words·~2 min read·/usc/title-38/section-709

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Notwithstanding section 3134(d) of title 5, the number of Senior Executive Service positions in the Department which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year.

(2)For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year.

(b)The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions.

(1)Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department.

(2)Paragraph

(1)shall not apply—

(A)to the appointment of any person by the President under this title, other than the appointment of the Under Secretary for Health, the Under Secretary for Benefits, and the Inspector General; or

(B)to the appointment of any person to

(i)a Senior Executive Service position as a noncareer appointee, or

(ii)a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position.

(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 395; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)

Connections2 cite this · traces to 1

Cited by 2 sections

Rules and Regulations
Final rule

U.S. Code

§ 1909
Effective date of insurance

Traces to 1 document

U.S. Code

Limitations on noncareer and limited appointments
§ 3134

7 references not yet in our index

Pub. L. 102–83, § 2(a)
105 Stat. 395
Pub. L. 102–405, title III, § 302(c)(1)
106 Stat. 1984
section 12 of Pub. L. 100–527
Pub. L. 102–83, § 3(3)
Pub. L. 102–405

Citation graph

cites case law

§ 709

Employment restrictions

Fed. Reg.×1

U.S.C.×1

U.S.C.§ 3134

Pub. L.Pub. L. 102–83, § 2(a)

Stat.105 Stat. 395

Pub. L.Pub. L. 102–405, title III, § 302(c)(1)

Stat.106 Stat. 1984

Pub. L.section 12 of Pub. L. 100–527

Cites 8 · showing 6Cited by 2 across 2 sources