Page 195

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

Pub. L. 97–377, title I, § 101(e)(1) [title V, § 503], Dec. 21,
1982, 96 Stat. 1878, 1904.
APPROPRIATIONS RELATING TO ENERGY AND WATER DEVELOPMENT;
PUBLIC DISCLOSURE OF CONSULTING
SERVICE THROUGH PROCUREMENT CONTRACT
Pub. L. 102–377, title V, § 504, Oct. 2, 1992, 106 Stat.
1342, provided that: ‘‘The expenditure of any appropriation under this Act or subsequent Energy and Water
Development Appropriations Acts for any consulting
service through procurement contract, pursuant to section 3109 of title 5, United States Code, hereafter shall
be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under existing Executive Order issued
pursuant to existing law.’’
EX. ORD. NO. 13433. PROTECTING AMERICAN TAXPAYERS
FROM PAYMENT OF CONTINGENCY FEES
Ex. Ord. No. 13433, May 16, 2007, 72 F.R. 28441, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United States
Code, it is hereby ordered as follows:
SECTION 1. Policy. To help ensure the integrity and effective supervision of the legal and expert witness services provided to or on behalf of the United States, it is
the policy of the United States that organizations or
individuals that provide such services to or on behalf of
the United States shall be compensated in amounts
that are reasonable, not contingent upon the outcome
of litigation or other proceedings, and established according to criteria set in advance of performance of the
services, except when otherwise required by law.
SEC. 2. Duties of Agency Heads. (a) Heads of agencies
shall implement within their respective agencies the
policy set forth in section 1, consistent with such instructions as the Attorney General may prescribe.
(b) After the date of this order, no agency shall enter
into a contingency fee agreement for legal or expert
witness services addressed by section 1 of this order,
unless the Attorney General has determined that the
agency’s entry into the agreement is required by law.
(c) Within 90 days after the date of this order, the
head of each agency shall notify the Attorney General
and the Director of the Office of Management and
Budget of any contingency fee agreements for services
addressed by section 1 of this order that are in effect as
of the date of this order.
SEC. 3. Definitions. For purposes of this order:
(a) The term ‘‘agency’’ means an executive agency as
defined in section 105 of title 5, United States Code, and
the United States Postal Service and the Postal Regulatory Commission, but shall exclude the Government
Accountability Office and elements of the intelligence
community (as defined in section 3(4) of the National
Security Act of 1947 as amended (50 U.S.C. 401a(4))[)].
(b) The term ‘‘contingency fee agreement’’ means a
contract or other agreement to provide services under
which the amount or the payment of the fee for the
services is contingent in whole or in part on the outcome of the matter for which the services were obtained. The term does not include:
(i) qualified tax collection contracts defined in section 6306 of title 26, United States Code, and
(ii) contracts described in sections 3711 and 3718 of
title 31, United States Code.
SEC. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to an agency or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or
legislative proposals.

§ 3110

(c) This order is not intended to, and does not, create
any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees,
or any other person.
GEORGE W. BUSH.

§ 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.

 § 3111

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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.)
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.]

§ 3111. Acceptance of volunteer service
(a) For the purpose of this section, ‘‘student’’
means an individual who is enrolled, not less
than half-time, in a high school, trade school,
technical or vocational institute, junior college,
college, university, or comparable recognized
educational institution. An individual who is a
student is deemed not to have ceased to be a student during an interim between school years if
the interim is not more than 5 months and if
such individual shows to the satisfaction of the
Office of Personnel Management that the individual has a bona fide intention of continuing to
pursue a course of study or training in the same
or different educational institution during the
school semester (or other period into which the
school year is divided) immediately after the interim.
(b) Notwithstanding section 1342 of title 31, the
head of an agency may accept, subject to regulations issued by the Office, voluntary service for
the United States if the service—
(1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program
established for the purpose of providing educational experiences for the student;
(2) is to be uncompensated; and
(3) will not be used to displace any employee.

Page 196

(c)(1) Except as provided in paragraph (2), any
student who provides voluntary service under
subsection (b) of this section shall not be considered a Federal employee for any purpose other
than for purposes of section 7905 (relating to
commuting by means other than single-occupancy motor vehicles), chapter 81 (relating to
compensation for injury) and sections 2671
through 2680 of title 28 (relating to tort claims).
(2) In addition to being considered a Federal
employee for the purposes specified in paragraph
(1), any student who provides voluntary service
as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall
be considered an employee of the Department of
the Treasury for purposes of—
(A) section 552a of this title (relating to disclosure of records);
(B) subsections (a)(1), (h)(1), (k)(6), and (l)(4)
of section 6103 of title 26 (relating to confidentiality and disclosure of returns and return information);
(C) sections 7213(a)(1) and 7431 of title 26 (relating to unauthorized disclosures of returns
and return information by Federal employees
and other persons); and
(D) section 7423 of title 26 (relating to suits
against employees of the United States);
except that returns and return information (as
defined in section 6103(b) of title 26) shall be
made available to students under such program
only to the extent that the Secretary of the
Treasury or his designee determines that the duties assigned to such students so require.
(d) Notwithstanding section 1342 of title 31, the
head of an agency may accept voluntary service
for the United States under chapter 37 of this
title and regulations of the Office of Personnel
Management.
(e) For purposes of this section the term
‘‘agency’’ shall include the Architect of the Capitol. With respect to the Architect of the Capitol, the authority granted to the Office of Personnel Management under this section shall be
exercised by the Architect of the Capitol.
(Added Pub. L. 95–454, title III, § 301(a), Oct. 13,
1978, 92 Stat. 1144; amended Pub. L. 97–258,
§ 3(a)(5), Sept. 13, 1982, 96 Stat. 1063; Pub. L.
97–437, Jan. 8, 1983, 96 Stat. 2285; Pub. L. 107–296,
title XIII, § 1314(b), Nov. 25, 2002, 116 Stat. 2296;
Pub. L. 107–347, title II, § 209(g)(1)(A), Dec. 17,
2002, 116 Stat. 2931; Pub. L. 111–68, div. A, title I,
§ 1303(a), Oct. 1, 2009, 123 Stat. 2034.)
AMENDMENTS
2009—Subsec. (e). Pub. L. 111–68 added subsec. (e).
2002—Subsec. (c)(1). Pub. L. 107–296 substituted ‘‘section 7905 (relating to commuting by means other than
single-occupancy motor vehicles), chapter 81’’ for
‘‘chapter 81 of this title’’.
Subsec. (d). Pub. L. 107–347 added subsec. (d).
1983—Subsec. (c)(1). Pub. L. 97–437, § 1(1), substituted
‘‘(c)(1) Except as provided in par. (2), any’’ for ‘‘(c)
Any’’.
Subsec. (c)(2). Pub. L. 97–437, § 1(2), added par. (2).
1982—Subsec. (b). Pub. L. 97–258 substituted ‘‘section
1342 of title 31’’ for ‘‘section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))’’.
EFFECTIVE DATE OF 2002 AMENDMENTS
Amendment by Pub. L. 107–347 effective 120 days after
Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set