3 U.S.C. § 115 — Veterans’ preference

submitted 28 years ago by Pub. L. 105-339 to r/title-3-THE-PRESIDENT · 193 words · no verdicts yet

in plain englishAI-generated · not legal advice

Presidential-office appointments under sections 105-107 usually must follow veterans'-preference hiring rules. But senior policy or political positions can be exempted if the President certifies certain facts. That person must be told in writing that they're expected to leave with the President.

(a) Subject to subsection (b), appointments made under sections 105, 106, and 107 of this title must follow the same hiring rules as other federal jobs: the veterans'-preference rule in 5 U.S.C. § 2108, and the competitive-hiring rules in 5 U.S.C. §§ 3309–3312. (b) Subsection (a) does not apply to: a position paid at least as much as the minimum Senior Executive Service rate under 5 U.S.C. § 5382, whose duties are like those described in 5 U.S.C. § 3132(a)(2); or any other position, if the President certifies both of the following about it: (1) that the position is either (A) confidential or policy-making, or (B) one where political affiliation or philosophy matters; and (2) that whoever is picked for it is expected to leave that job at or before the end of the President's term(s). Anyone appointed to a position like this must be told, in writing, at the time they're appointed, that they're expected to leave when the President's term ends.

the actual law source: uscode.house.gov ↗public domain

(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 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.

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

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-339 · 112 Stat. 3185

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-339 on 1998-10-31.

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