---
kind: "section"
citation: "38 U.S.C. § 709"
title: "38"
title_heading: "Veterans’ Benefits"
number: "709"
heading: "Employment restrictions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/709"
units:
  - "Part I — General Provisions"
  - "Chapter 7 — Employees"
  - "Subchapter I — General Employee Matters"
---

# §709. Employment restrictions

- (a)
  - (1) Notwithstanding [section 3134(d) of title 5](/usc/5/3134.md?p=d), the number of Senior Executive Service positions in the [Department](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) on the last day of each quarter of such fiscal year.
- (b) The number of positions in the [Department](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) or in the assignment or advancement of any employee in the [Department](/usc/38/101.md?p=1).
  - (2) [Paragraph (1)](#c-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](/usc/38/101.md?p=1) for Health, the Under [Secretary](/usc/38/101.md?p=1) 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.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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, § 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”.