38 U.S.C. § 709: Employment restrictions

Summary

Limit how many senior executive jobs the Department can give to noncareer appointees. No more than 5 percent of the Department’s Senior Executive Service jobs in any fiscal year can be filled by noncareer appointees. To work out that limit, the Department uses 25 percent of the total number of senior executives counted on the last day of each quarter in the fiscal year. Also, no more than the equivalent of 15 jobs may be set aside from the regular competitive hiring process because they are confidential or set policy. Political party or political activity cannot be used when hiring, assigning, or promoting Department employees. The rule does not apply to most Presidential appointments under this law (except the Under Secretary for Health, the Under Secretary for Benefits, and the Inspector General). It also does not apply when filling Senior Executive Service noncareer slots or jobs that are excepted from competitive hiring because they are confidential or policy-making.

Title 38, §709

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 709 and 710 were renumbered section 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, § 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”.

§709 Employment Restrictions