107 STAT. 1006 PUBLIC LAW 103-94—OCT. 6, 1993 SEC. 8. POLITICAL RECOMMENDATIONS. (a) Section 3303 of title 5, United States Code, is amended to read as follows: ^§ 3303. Political recommendations (a) For the piirposes of this section— "(1) 'agency means—
- (A) an Executive agency; and
"(B) an agency in the legislative branch with positions in the competitive service; "(2) 'applicant' means an individual who has applied for -^ appointment to be an employee; "(3) 'employee' means an employee of an agency who is— "(A) in the competitive service; "(B) a career appointee in the Senior Executive Service or an employee under a similar appointment in a similar executive service; or "(C) in the excepted service other than— "(i) an employee who is appointed by the President; •„- or "(ii) an employee whose position has been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character; and "(4) 'personnel action' means any action described under clauses (i) through (x) of section 2302(a)(2)(A). "(b) Except as provided under subsection (f), each personnel action with respect to an employee or applicant shall be taken without regard to any recommendation or statement, oral or written, with respect to any employee or applicant who requests or is under consideration for such personnel action, made by— "(1) any Member of Congress or congressional employee; "(2) any elected official of the government of any State (including the District of Columbia and the Commonwealth of Puerto Rico), county, city, or other subdivision thereof; "(3) any official of a political party; or "(4) any other individual or organization making such recommendation or statement on the basis of the party affiliation of the employee or applicant. "(c) Except as provided under subsection (f), a person or organization referred to under subsection (b)(1) through (4) is prohibited from making or transmitting to any of^cer or employee of an agency, any recommendation or statement, oral or written, with respect to any employee or applicant who requeste or is under consideration for any personnel action in such agency. Except as provided under subsection (f), the agency, or any officer or employee of the agency— "(1) shall not solicit, request, consider, or accept any such recommendation or statement; and "(2) shall return any such written recommendation or statement, appropriately marked as in violation of this section, to the person or organization transmitting the same. "(d) Except as provided under subsection (f), an employee or applicant who requeste or is under consideration for a personnel action in an agency is prohibited from requesting or soliciting from a person or organization referred to under subsection (b) (1) through (4) a recommendation or statement.
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