USDOJ: JMD: Departmental Ethics Office: Political Recommendations for Career Positions

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The statutes governing political recommendations for career positions were amended in 1996. Under 5 U.S.C. § 2302(b)(2), an agency official is permitted to solicit or consider a recommendation or a statement from anyone, including a Member of Congress, consisting of an evaluation of an individual's work performance, qualifications, ability, aptitude, character, loyalty or suitability when the recommendation is based on personal knowledge or records of the sender.

However, an agency official may not consider a recommendation from a Senator or Member of Congress except as to the character or residence of the applicant, unless the recommendation is based on personal knowledge of the sender. 5 U.S.C. § 3303

By memorandum dated May 28, 1997, Stephen R. Colgate, Assistant Attorney General for Administration, provided guidance on this issue. Included with the memorandum is guidance, in the form of questions and answers, from the Office of Personnel Management. While the amended statutes do not require an agency to return a prohibited letter of recommendation, it is the Department's policy that all letters from Members of Congress be answered with a standard reply which acknowledges receipt and states that the applicant will receive appropriate consideration. A sample reply is also attached to Mr. Colgate's memorandum.

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