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. 89–55480 Stat. 418Pub. L. 103–94, § 8(a)107 Stat. 1006Pub. L. 104–197, title III, § 315(a)110 Stat. 2416(, , ; , , ; , , .)
|
Historical and Revision Notes |
||
|---|---|---|
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| ||
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.
Editorial Notes
Amendments
Pub. L. 104–1971996— 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.
Pub. L. 103–941993— 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–197section 315(c) of Pub. L. 104–197section 2302 of this titleAmendment by effective 30 days after , see , set out as a note under .
Effective Date of 1993 Amendment; Savings Provision
Pub. L. 103–94Pub. L. 103–94Pub. L. 103–94section 12 of Pub. L. 103–94section 7321 of this titleAmendment by effective 120 days after , 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 to affect any proceedings with respect to which charges were filed on or before 120 days after , with orders to be issued in such proceedings and appeals taken therefrom as if had not been enacted, see , set out as an Effective Date; Savings Provision note under .