---
kind: "section"
citation: "5 U.S.C. § 9803"
title: "5"
title_heading: "Government Organization and Employees"
number: "9803"
heading: "Restrictions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/9803"
units:
  - "Part III — Employees"
  - "Subpart I — Miscellaneous"
  - "Chapter 98 — National Aeronautics and Space Administration"
---

# §9803. Restrictions

- (a) None of the workforce [authorities](/usc/5/7103.md?p=a-6) 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](/usc/5/7103.md?p=a-6) made available under this chapter shall be subject to section 5307.
- (c)
  - (1) None of the workforce [authorities](/usc/5/7103.md?p=a-6) made available under section [9804](/usc/5/9804.md), [9805](/usc/5/9805.md), [9806](/usc/5/9806.md), [9807](/usc/5/9807.md), [9809](/usc/5/9809.md), [9812](/usc/5/9812.md), [9813](/usc/5/9813.md), [9814](/usc/5/9814.md), or [9815](/usc/5/9815.md) may be exercised with respect to a political appointee.
  - (2) For purposes of this subsection, the term “political appointee” means an [employee](/usc/5/4701.md?p=a-2) who holds—
    - (A) a [position](/usc/5/5102.md?p=a-3) which has been excepted from the competitive [service](/usc/5/8401.md?p=26) by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
    - (B) a [position](/usc/5/5102.md?p=a-3) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) as a [noncareer appointee](/usc/5/3132.md?p=a-7) (as such term is defined in [section 3132(a)](/usc/5/3132.md?p=a)).

## Source credit

(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 464.)