5 U.S. Code § 9803 - Restrictions
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.
(2) For purposes of this subsection, the term “political appointee” means an employee who holds—
a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).
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