§ 1973f. Use of observers
(a)
Assignment
Whenever—
(1)
a court has authorized the appointment of observers under section
1973a
(a) of this title for a political subdivision; or
(2)
the Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section
1973b
(b) of this title, unless a declaratory judgment has been rendered under section
1973b
(a) of this title, that—
(A)
the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section
1973b
(f)(2) of this title are likely to occur; or
(B)
in the Attorney General’s judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to the Attorney General to be reasonably attributable to violations of the 14th or 15th amendment or whether substantial evidence exists that bona fide efforts are being made within such subdivision to comply with the 14th or 15th amendment), the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th amendment;
the Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director may deem appropriate.
(b)
Status
Except as provided in subsection (c), such observers shall be assigned, compensated, and separated without regard to the provisions of any statute administered by the Director of the Office of Personnel Management, and their service under subchapters I–A to I–C shall not be considered employment for the purposes of any statute administered by the Director of the Office of Personnel Management, except the provisions of section
7324 of title
5 prohibiting partisan political activity.
(c)
Designation
The Director of the Office of Personnel Management is authorized to, after consulting the head of the appropriate department or agency, designate suitable persons in the official service of the United States, with their consent, to serve in these positions.
(d)
Authority
Observers shall be authorized to—