Title 3, The PresidentRelease 119-110

§115 Veterans’ Preference

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

Last updated Sep 22, 2026|Official source

Summary

Appointments under sections 105, 106, and 107 must follow the hiring rules in title 5, specifically section 2108 and sections 3309–3312. Those rules do not apply to jobs that pay at least the minimum Senior Executive Service rate under section 5382 of title 5 and have duties like those in section 3132(a)(2), or to other jobs if the President certifies two things: that the job is confidential or a policy-making post (or one where political views matter), and that the person chosen is expected to leave by the end of the President’s term(s). Anyone hired under that expectation must be told in writing when they are appointed.

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.

Each individual appointed to a position described in the preceding sentence as to which the expectation described in paragraph (2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.

Reference

Citations & Metadata

Citation

3 U.S.C. § 115

Title 3, The President

Last Updated

Sep 22, 2026

Release point: 119-110