Title 3 — The President
Chapter 2 — Office and Compensation of President
§ 115. Veterans’ preference
Statutory text
Subject to subsection (b), appointments under sections 105, 106, and 107 shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5.
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—
that such position is—
a confidential or policy-making position; or
a position for which political affiliation or political philosophy is otherwise an important qualification; and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Veterans Employment Opportunities Act of 1998”
Pub. L. 105–339 § 4(b)(1) · 112 Stat. 3182
Enacted · 3 U.S.C. § 115
(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)
Source evidence
Code source credit
(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)Enacted provision · exact public law section
(1) In general.— Chapter 2 of title 3, United States Code, is amended by adding at the end the following: “§115. Veterans’ preference “(a) Subject to subsection (b), appointments under sections 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 Notification. 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.”.
1 of 1 references resolved to an enrolled provision
Credits
(Added Pub. L. 105–339, § 4(b)(1), , 112 Stat. 3185.)