---
kind: "section"
citation: "3 U.S.C. § 115"
title: "3"
title_heading: "The President"
number: "115"
heading: "Veterans’ preference"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/3/115"
units:
  - "Chapter 2 — Office and Compensation of President"
---

# §115. Veterans’ preference

- (a) Subject to [subsection (b)](#b), appointments under sections [105](/usc/3/105.md), [106](/usc/3/106.md), and [107](/usc/3/107.md) shall be made in accordance with section 2108, and sections 3309 through 3312, of title 5.
- (b) [Subsection (a)](#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](/usc/5/5382.md) and the duties of which are comparable to those described in [section 3132(a)(2)](/usc/5/3132.md?p=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)](#b-2) applies shall be notified as to such expectation, in writing, at the time of appointment to such position.


## Source credit

(Added Pub. L. 105–339, § 4(b)(1), Oct. 31, 1998, 112 Stat. 3185.)