For the purpose of this section—
“agency” means—
an Executive agency;
an office, agency, or other establishment in the legislative branch;
an office, agency, or other establishment in the judicial branch; and
the government of the District of Columbia;
“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
“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.
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.
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.
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.
section 3317(a) of this title 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 will result in the selection for appointment of an individual who is not a preference eligible.
Pub. L. 90–206, title II, § 221(a)81 Stat. 640Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 95–4541978—Subsec. (d). substituted “Office of Personnel Management” for “Civil Service Commission”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .
Effective Date
Pub. L. 90–206, title II, § 220(a)(1)81 Stat. 639
section 8704 of this titlesection 5332 of this titlesection 5303 of this titlesection 5303 of this titlesection 5332 of this title“This section [enacting provisions set out as a note under ] and sections 201 [enacting provisions set out as Short Title note under ], 207 [amending ], 212 [enacting provisions set out as a note under ], 218 [enacting provisions set out as a note under ], 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 [].”
, , , provided, except as otherwise expressly provided, that:
Retroactive Effect
Pub. L. 90–206, title II, § 221(c)81 Stat. 641
“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.”
, , , provided that:
Section 221(c) of Pub. L. 90–206section 220(a)(1) of Pub. L. 90–206[ effective , see , set out as an Effective Date note above.]