A agency in which he is serving or over which he exercises jurisdiction or control any individual who is a agency if such appointment, employment, promotion, or advancement has been advocated by a agency, who is a (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.
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.
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.
Editorial Notes Amendments1978—Subsec. (d). Pub. L. 95–454 substituted “ Office of Personnel Management ” for “Civil Service Commission”.
Statutory Notes and Related Subsidiaries Effective 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 Effect“The amendments made by this section [enacting this section] do not apply to an appointment, employment, advancement, or promotion made or advocated by a 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.]