Title 5 — Government Organization and EmployeesRelease 119-73

§9803 Restrictions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart I— - Miscellaneous › Chapter CHAPTER 98— - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION › § 9803

Last updated Apr 6, 2026|Official source

Summary

Presidentially appointed officers who are confirmed by the Senate cannot be subject to the workforce powers in this chapter. Unless a part of this chapter says something different, those workforce powers must follow section 5307. The specific powers in sections 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, and 9815 cannot be used on a "political appointee." A "political appointee" is either someone in a job excepted from the competitive service because it is confidential or policy-making/advocating, or a Senior Executive Service noncareer appointee (see section 3132(a)).

Full Legal Text

Title 5, §9803

Government Organization and Employees — Source: USLM XML via OLRC

(a)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.

(b)Unless specifically stated otherwise, all workforce authorities made available under this chapter shall be subject to section 5307.

(c)(1)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.

(2)For purposes of this subsection, the term “political appointee” means an employee who holds—

(A)a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or

(B)a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).

Reference

Citations & Metadata

Citation

5 U.S.C. § 9803

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73