§ 709. — Employment restrictions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC709]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 7--EMPLOYEES
Sec. 709. Employment restrictions
(a)(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.
(c)(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, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395; amended
Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat.
1984.)
Prior Provisions
Prior sections 709 and 710 were renumbered sections 1909 and 1910 of
this title, respectively.
Provisions similar to those in this section were contained in
section 12 of Pub. L. 100-527, known as the Department of Veterans
Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).
Amendments
1992--Subsec. (c)(2)(A). Pub. L. 102-405 substituted ``Under
Secretary for Health'' for ``Chief Medical Director'' and ``Under
Secretary for Benefits'' for ``Chief Benefits Director''.
