
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3303]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3303. Competitive service; recommendations of Senators or 
        Representatives
        
    An individual concerned in examining an applicant for or appointing 
him in the competitive service may not receive or consider a 
recommendation of the applicant by a Senator or Representative, except 
as to the character or residence of the applicant.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 418; Pub. L. 103-94, Sec. 8(a), 
Oct. 6, 1993, 107 Stat. 1006; Pub. L. 104-197, title III, Sec. 315(a), 
Sept. 16, 1996, 110 Stat. 2416.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 642.                 Jan. 16, 1883, ch.
                                                    27, Sec.  10, 22
                                                    Stat. 406.
------------------------------------------------------------------------

    The prohibition is restated in positive form. The words ``An 
individual concerned in examining an applicant for or appointing him in 
the competitive service'' are substituted for ``any person concerned in 
making any examination or appointment under this act''. The word 
``applicant'' is substituted for ``person who shall apply for office or 
place under the provisions of this act''. The word ``Representative'' is 
substituted for ``Member of the House of Representatives''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1996--Pub. L. 104-197 substituted ``Competitive service; 
recommendations of Senators or Representatives'' for ``Political 
recommendations'' in section catchline and amended text generally, 
substituting provisions prohibiting receipt or consideration of 
recommendations of applicants in competitive service made by Senators or 
Representatives for provisions which directed that personnel actions be 
taken without solicitation of or regard to such recommendations from 
Members of Congress, congressional employees, any elected official of 
the government of any State (including D.C. and Puerto Rico) or 
subdivision thereof, or political party official, prohibited such 
persons from making such recommendations, prohibited employees or 
applicants from soliciting such recommendations and required 
notification of such prohibition, but allowed for certain exceptions 
regarding solicitation and consideration of recommendations if subject 
of recommendation was limited to factors pertinent to work performance, 
ability, aptitude, general qualifications, related to suitability or 
security standards, or furnished pursuant to law or regulation.
    1993--Pub. L. 103-94 substituted ``Political recommendations'' for 
``Competitive service; recommendations of Senators or Representatives'' 
as section catchline and amended text generally. Prior to amendment, 
text read as follows: ``An individual concerned in examining an 
applicant for or appointing him in the competitive service may not 
receive or consider a recommendation of the applicant by a Senator or 
Representative, except as to the character or residence of the 
applicant.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-197 effective 30 days after Sept. 16, 1996, 
see section 315(c) of Pub. L. 104-197, set out as a note under section 
2302 of this title.


           Effective Date of 1993 Amendment; Savings Provision

    Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, 
but not to release or extinguish any penalty, forfeiture, or liability 
incurred under amended provision, which is to be treated as remaining in 
force for purpose of sustaining any proper proceeding or action for 
enforcement of that penalty, forfeiture, or liability, and no provision 
of Pub. L. 103-94 to affect any proceedings with respect to which 
charges were filed on or before 120 days after Oct. 6, 1993, with orders 
to be issued in such proceedings and appeals taken therefrom as if Pub. 
L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set 
out as an Effective Date; Savings Provision note under section 7321 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in title 38 section 7403.
