§ 3110. Employment of relatives; restrictions

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.

1. 1967

   Federal Salary Act of 1967

   Pub. L. 90–206 title II § 221(a) · 81 Stat. 612

   Enacted · 5 U.S.C. § 3110

   Added Pub. L. 90–206, title II, § 221(a), Dec. 16, 1967, 81 Stat. 640

   Source evidence

   Code source credit
   Added Pub. L. 90–206, title II, § 221(a), Dec. 16, 1967, 81 Stat. 640

   Enacted provision · exact public law section
   (a) Chapter 31 of title 5, United States Code, is amended by adding at the end thereof the following new section: “§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, step-son, 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 Civil Service Commission 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.”

2. 1978

   Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 3110(d)

   Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

   Enacted provision · exact public law section
   (2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision