U.S. Code
»
Title 5
» Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 31— AUTHORITY FOR EMPLOYMENT › Subchapter SUBCHAPTER I— EMPLOYMENT AUTHORITIES
5 U.S.C. § 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, § 221(a), Dec. 16, 1967, 81 Stat. 640; amended Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)Editorial NotesAmendments1978—Subsec. (d). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Statutory Notes and Related SubsidiariesEffective Date of 1978 AmendmentAmendment 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 DatePub. L. 90–206, title II, § 220(a)(1), Dec. 16, 1967, 81 Stat. 639, 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 EffectPub. L. 90–206, title II, § 221(c), Dec. 16, 1967, 81 Stat. 641, 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.]
Notes of Decisions
Clement v. Madigan, 820 F. Supp. 1039 (W.D. Mich. 1992).
· cites it 3× “See 5 U.S.C. § 3110 ; 5 C.F.R. § 310 et seq. However, these restrictions do not prohibit the type of supervisory arrangement presented by Kir-chen’s selection as wage leader.”
Ass'n of Am. Physicians & Surgeons, Inc. v. Clinton, 997 F.2d 898 (D.C. Cir. 1993).
· cites it 4× “See 5 U.S.C. § 3110 (b). The district court, finding no definition of officer or employee of the federal government in FACA itself, quite reasonably turned to Title 5 of the U.”
Nguyen v. McHugh, 65 F. Supp. 3d 873 (N.D. Cal. 2014).
· cites it 2× “Though Plaintiff does not cite to any particular statute barring nepotism, 5 U.S.C. § 3110 provides that "[a]n individual may not be appointed .”
Limongelli v. Postmaster Gen., 707 F.2d 368 (9th Cir. 1983).
· cites it 3× “V 1981) and for nepotism under 5 U.S.C. § 3110 (1976 & Supp. V 1981), resulting in his failure to be promoted.”
Taylor v. Sec'y, U.S. Dep't of Homeland Sec. (S.D. Fla. 2024).
· cites it 2× “statute for nepotism claims—5 U.S.C. § 3110—“has no application to the facts alleged and, in any event, does not provide a private right of action.”
Tarquinii v. Harker (D.D.C. 2024).
“60-37; see also 5 U.S.C. § 3110 et seq. (prohibiting public officials from “appoint[ing], employ[ing], [and] promot[ing] .”
Mzozoyana v. Sec'y of Vets. Affairs (S.D. Ohio 2022).
“2021) 5 Under 5 U.S.C. § 3110 (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…”
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