5 U.S.C. § 9803 — Restrictions
submitted 22 years ago by Pub. L. 108-201 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 141 words · no verdicts yet
The workforce authorities in this chapter cannot be used for presidential appointees who require Senate confirmation or, generally, for political appointees. Unless this chapter says otherwise, the authorities remain subject to section 5307.
(a) No workforce authority available under this chapter may be used for an officer appointed by the President with the advice and consent of the Senate.
(b) Unless specifically stated otherwise, every workforce authority available under this chapter is subject to section 5307.
(c)(1) The authorities available under sections 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may not be used for a political appointee. (2) Here, “political appointee” means an employee* who holds (A) a position excepted from the competitive service because it is confidential or involves determining, making, or advocating policy, or (B) a Senior Executive Service position held as a noncareer appointee, as that term is defined in section 3132(a). This section does not otherwise define the quoted term.
None of the workforce authorities made available under this chapter may be exercised with respect to any officer who is appointed by the President, by and with the advice and consent of the Senate.
Unless specifically stated otherwise, all workforce authorities made available under this chapter shall be subject to section 5307.
None of the workforce authorities made available under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be exercised with respect to a political appointee.
For purposes of this subsection, the term “political appointee” means an employee* who holds—
a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).
Source credit: (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 464.)
- 2004Enacted · Pub. L. 108-201 · 118 Stat. 464
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-201 on 2004-02-24.
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