
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3110]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
                  SUBCHAPTER I--EMPLOYMENT AUTHORITIES
 
Sec. 3110. Employment of relatives; restrictions

    (a) For the purpose of this section--
        (1) agency means--
            (A) an Executive agency;
            (B) an office, agency, or other establishment in the 
        legislative branch;
            (C) an office, agency, or other establishment in the 
        judicial branch; and
            (D) the government of the District of Columbia;

        (2) ``public official'' means an officer (including the 
    President and a Member of Congress), a member of the uniformed 
    service, an employee and any other individual, in whom is vested the 
    authority by law, rule, or regulation, or to whom the authority has 
    been delegated, to appoint, employ, promote, or advance individuals, 
    or to recommend individuals for appointment, employment, promotion, 
    or advancement in connection with employment in an agency; and
        (3) ``relative'' means, with respect to a public official, an 
    individual who is related to the public official as father, mother, 
    son, daughter, brother, sister, uncle, aunt, first cousin, nephew, 
    niece, husband, wife, father-in-law, mother-in-law, son-in-law, 
    daughter-in-law, brother-in-law, sister-in-law, stepfather, 
    stepmother, stepson, stepdaughter, stepbrother, stepsister, half 
    brother, or half sister.

    (b) A public official may not appoint, employ, promote, advance, or 
advocate for appointment, employment, promotion, or advancement, in or 
to a civilian position in the agency in which he is serving or over 
which he exercises jurisdiction or control any individual who is a 
relative of the public official. An individual may not be appointed, 
employed, promoted, or advanced in or to a civilian position in an 
agency if such appointment, employment, promotion, or advancement has 
been advocated by a public official, serving in or exercising 
jurisdiction or control over the agency, who is a relative of the 
individual.
    (c) An individual appointed, employed, promoted, or advanced in 
violation of this section is not entitled to pay, and money may not be 
paid from the Treasury as pay to an individual so appointed, employed, 
promoted, or advanced.
    (d) The Office of Personnel Management may prescribe regulations 
authorizing the temporary employment, in the event of emergencies 
resulting from natural disasters or similar unforeseen events or 
circumstances, of individuals whose employment would otherwise be 
prohibited by this section.
    (e) This section shall not be construed to prohibit the appointment 
of an individual who is a preference eligible in any case in which the 
passing over of that individual on a certificate of eligibles furnished 
under section 3317(a) of this title will result in the selection for 
appointment of an individual who is not a preference eligible.

(Added Pub. L. 90-206, title II, Sec. 221(a), Dec. 16, 1967, 81 Stat. 
640; amended Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 
Stat. 1224.)


                               Amendments

    1978--Subsec. (d). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                             Effective Date

    Section 220(a)(1) of title II of Pub. L. 90-206 provided, except as 
otherwise expressly provided, that: ``This section [enacting provisions 
set out as a note under section 8704 of this title] and sections 201 
[enacting provisions set out as Short Title note under section 5332 of 
this title], 207 [amending section 5303 of this title], 212 [enacting 
provisions set out as a note under section 5303 of this title], 218 
[enacting provisions set out as a note under section 5332 of this 
title], 221 [enacting this section and provisions set out as a note 
under this section], 224(a) and (b) [amending sections 4101 and 8339 of 
this title], and 225 [enacting sections 351-361 of Title 2, The 
Congress] shall become effective on the date of enactment of this title 
[Dec. 16, 1967].''


                           Retroactive Effect

    Section 221(c) of Pub. L. 90-206 provided that: ``The amendments 
made by this section [enacting this section] do not apply to an 
appointment, employment, advancement, or promotion made or advocated by 
a public official of any individual who is a relative of the public 
official if, prior to the effective date of this section [see Effective 
Date note above], the individual was appointed by the public official, 
or received an appointment advocated by the public official, and is 
serving under the appointment on such effective date.''
    [Section 221(c) of Pub. L. 90-206 effective Dec. 16, 1967, see 
section 220(a)(1) of Pub. L. 90-206, set out as an Effective Date note 
above.]

                  Section Referred to in Other Sections

    This section is referred to in section 2302 of this title; title 39 
section 410.
