Title 3The PresidentRelease 119-73not60

§115 Veterans’ Preference

Title 3 › Chapter 2— OFFICE AND COMPENSATION OF PRESIDENT › § 115

Last updated Apr 3, 2026|Official source

Summary

Appointments made under the covered provisions must follow the normal federal hiring rules. Those rules do not apply to jobs that pay at least the minimum Senior Executive Service rate and that have duties like senior executive positions. The President can also exempt any other job if the President certifies two things: the job is confidential or a policy-making or political post, and the person chosen is expected to leave by the end of the President’s term or terms.

Full Legal Text

Title 3, §115

The President — Source: USLM XML via OLRC

(a)Subject to subsection (b), appointments under section 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5.
(b)Subsection (a) shall not apply to any appointment to a position the rate of basic pay for which is at least equal to the minimum rate established for positions in the Senior Executive Service under section 5382 of title 5 and the duties of which are comparable to those described in section 3132(a)(2) of such title or to any other position if, with respect to such position, the President makes certification—
(1)that such position is—
(A)a confidential or policy-making position; or
(B)a position for which political affiliation or political philosophy is otherwise an important qualification; and
(2)that any individual selected for such position is expected to vacate the position at or before the end of the President’s term (or terms) of office.

Reference

Citations & Metadata

Citation

3 U.S.C. § 115

Title 3The President

Last Updated

Apr 3, 2026

Release point: 119-73not60