US (United States) Code. Title 39. Chapter 2: Organization

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Postal Service. General

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39 USC CHAPTER 2 - ORGANIZATION 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

CHAPTER 2 - ORGANIZATION

-MISC1-

Sec.

201. United States Postal Service.

202. Board of Governors.

203. Postmaster General; Deputy Postmaster General.

204. General Counsel; Judicial Officer; Chief Postal

Inspector.

205. Procedures of the Board of Governors.

206. Advisory Council.

207. Seal.

208. Reservation of powers.

AMENDMENTS

1996 - Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI,

Sec. 662(f)(2)(B)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-383,

in item 204 substituted "General Counsel; Judicial Officer; Chief

Postal Inspector" for "Assistant Postmasters General; General

Counsel; Judicial Officer".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1003 of this title.

-End-

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39 USC Sec. 201 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 201. United States Postal Service

-STATUTE-

There is established, as an independent establishment of the

executive branch of the Government of the United States, the United

States Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 720.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS; ABOLITION OF OFFICE

Section 4(a) of Pub. L. 91-375 provided that: "There are hereby

transferred to the United States Postal Service all the functions,

powers, and duties of the Post Office Department and the Postmaster

General of the Post Office Department, and the Post Office

Department and the office of Postmaster General of the Post Office

Department are abolished."

Provisions of section 4(a) of Pub. L. 91-375 effective within 1

year after Aug. 12, 1970, on date established therefor by the Board

of Governors of the United States Postal Service and published by

it in the Federal Register, see section 15(a) of Pub. L. 91-375,

set out as an Effective Date note preceding section 101 of this

title.

-MISC2-

INSPECTOR GENERAL OF THE UNITED STATES POSTAL SERVICE

Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.

662(e)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-382, provided

that:

"(1) First appointment. - The first Inspector General of the

United States Postal Service appointed pursuant to the amendments

made by this section [amending sections 102, 202, 204, 410, and

1003 of this title, section 5315 of Title 5, Government

Organization and Employees, and section 8G of the Inspector General

Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5,

and renumbering another section 8G of the Inspector General Act of

1978 as 8H] shall be appointed before the end of the 90-day period

beginning on the date of the enactment of this Act [Sept. 30,

1996].

"(2) Transfers. -

"(A) In general. - All measures described in section 8G(b) of

the Inspector General Act of 1978 necessary to establish an

Office of Inspector General within the United States Postal

Service pursuant to this section, including all appropriate

transfers, shall occur -

"(i) no earlier than the date the appointment under paragraph

(1) is made; and

"(ii) no later than 60 days after the date the appointment

under paragraph (1) is made.

"(B) Provisions relating to personnel. -

"(i) Consultation. - Decisions concerning which personnel are

to be transferred pursuant to subparagraph (A) shall be made by

the Governors (within the meaning of section 102(3) of title

39, United States Code) in consultation with the Inspector

General appointed under paragraph (1).

"(ii) Transferred personnel. - Personnel transferred pursuant

to subparagraph (A) shall, to the extent not inconsistent with

other provisions of this subsection, be transferred in

accordance with applicable laws and regulations relating to the

transfer of functions within the United States Postal Service,

except that, notwithstanding any provision of section 1003(b)

of title 39, United States Code, as amended by this section,

the classification and compensation of such personnel shall not

be reduced, by reason of having been transferred, for 1 year

after being so transferred.

"(3) Transition provision. - The Chief Postal Inspector may

continue to serve as Inspector General of the United States Postal

Service until the date on which an Inspector General is appointed

under paragraph (1) or, if earlier, the end of the period referred

to in such paragraph. Compensation for any service under this

paragraph shall be determined as if this section had not been

enacted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 102 of this title; title

42 section 15386.

-End-

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39 USC Sec. 202 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 202. Board of Governors

-STATUTE-

(a) The exercise of the power of the Postal Service shall be

directed by a Board of Governors composed of 11 members appointed

in accordance with this section. Nine of the members, to be known

as Governors, shall be appointed by the President, by and with the

advice and consent of the Senate, not more than 5 of whom may be

adherents of the same political party. The Governors shall elect a

Chairman from among the members of the Board. The Governors shall

be chosen to represent the public interest generally, and shall not

be representatives of specific interests using the Postal Service,

and may be removed only for cause. Each Governor shall receive a

salary of $30,000 a year plus $300 a day for not more than 42 days

of meetings each year and shall be reimbursed for travel and

reasonable expenses incurred in attending meetings of the Board.

Nothing in the preceding sentence shall be construed to limit the

number of days of meetings each year to 42 days.

(b) The terms of the 9 Governors shall be 9 years, except that

the terms of the 9 Governors first taking office shall expire as

designated by the President at the time of appointment, 1 at the

end of 1 year, 1 at the end of 2 years, 1 at the end of 3 years, 1

at the end of 4 years, 1 at the end of 5 years, 1 at the end of 6

years, 1 at the end of 7 years, 1 at the end of 8 years, and 1 at

the end of 9 years, following the appointment of the first of them.

Any Governor appointed to fill a vacancy before the expiration of

the term for which his predecessor was appointed shall serve for

the remainder of such term. A Governor may continue to serve after

the expiration of his term until his successor has qualified, but

not to exceed one year.

(c) The Governors shall appoint and shall have the power to

remove the Postmaster General, who shall be a voting member of the

Board. His pay and term of service shall be fixed by the Governors.

(d) The Governors and the Postmaster General shall appoint and

shall have the power to remove the Deputy Postmaster General, who

shall be a voting member of the Board. His term of service shall be

fixed by the Governors and the Postmaster General and his pay by

the Governors.

(e)(1) The Governors shall appoint and shall have the power to

remove the Inspector General.

(2) The Inspector General shall be appointed -

(A) for a term of 7 years;

(B) without regard to political affiliation; and

(C) solely on the basis of integrity and demonstrated ability

in accounting, auditing, financial analysis, law, management

analysis, public administration, or investigations.

(3) The Inspector General may at any time be removed upon the

written concurrence of at least 7 Governors, but only for cause.

Nothing in this subsection shall be considered to exempt the

Governors from the requirements of section 8G(e) of the Inspector

General Act of 1978.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 720; Pub. L. 98-81, Sec.

2, Aug. 23, 1983, 97 Stat. 487; Pub. L. 99-190, Sec. 144, Dec. 19,

1985, 99 Stat. 1324; Pub. L. 104-208, div. A, title I, Sec. 101(f)

[title VI, Secs. 644(a), 662(a)(1)], Sept. 30, 1996, 110 Stat.

3009-314, 3009-366, 3009-378.)

-REFTEXT-

REFERENCES IN TEXT

Section 8G of the Inspector General Act of 1978, referred to in

subsec. (e), is section 8G of Pub. L. 95-452, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

644(a)], substituted "$30,000 a year" for "$10,000 a year".

Subsec. (e). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(a)(1)], added subsec. (e).

1985 - Subsec. (a). Pub. L. 99-190 substituted "42" for "30" in

two places.

1983 - Subsec. (b). Pub. L. 98-81 inserted provision that a

Governor may continue to serve after the expiration of his term

until his successor has qualified, but not to exceed one year.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(f) [title VI, Sec. 644(b)] of Pub. L. 104-208

provided that: "Subsection (a) [amending this section] shall take

effect at the beginning of the next applicable pay period beginning

after the date of the enactment of this Act [Sept. 30, 1996]."

EFFECTIVE DATE

Section effective Aug. 12, 1970, see section 15(a) of Pub. L.

91-375, set out as a note preceding section 101 of this title.

SAVINGS PROVISION

Payment to Governors of Board of Governors of Postal Service of

$300 a day for not more than 60 days of meetings in each of first 2

years following effective date of this section [see Effective Date

note set out above], notwithstanding this section, see section 5(g)

of Pub. L. 91-375, set out as a note preceding section 101 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 102, 203, 1001, 1005 of

this title; title 2 section 356.

-End-

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39 USC Sec. 203 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 203. Postmaster General; Deputy Postmaster General

-STATUTE-

The chief executive officer of the Postal Service is the

Postmaster General appointed under section 202(c) of this title.

The alternate chief executive officer of the Postal Service is the

Deputy Postmaster General appointed under section 202(d) of this

title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 721.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 12, 1970, see section 15(a) of Pub. L.

91-375, set out as a note preceding section 101 of this title.

-End-

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39 USC Sec. 204 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 204. General Counsel; Judicial Officer; Chief Postal Inspector

-STATUTE-

There shall be within the Postal Service a General Counsel, such

number of Assistant Postmasters General as the Board shall consider

appropriate, a Judicial Officer, and a Chief Postal Inspector. The

General Counsel, the Assistant Postmasters General, the Judicial

Officer, and the Chief Postal Inspector shall be appointed by, and

serve at the pleasure of, the Postmaster General. The Judicial

Officer shall perform such quasi-judicial duties, not inconsistent

with chapter 36 of this title, as the Postmaster General may

designate. The Judicial Officer shall be the agency for the

purposes of the requirements of chapter 5 of title 5, to the extent

that functions are delegated to him by the Postmaster General. The

Chief Postal Inspector shall report to, and be under the general

supervision of, the Postmaster General. The Postmaster General

shall promptly notify the Governors and both Houses of Congress in

writing if he or she removes the Chief Postal Inspector or

transfers the Chief Postal Inspector to another position or

location within the Postal Service, and shall include in any such

notification the reasons for the removal or transfer.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 721; Pub. L. 104-208, div.

A, title I, Sec. 101(f) [title VI, Sec. 662(f)(2)(A)], Sept. 30,

1996, 110 Stat. 3009-314, 3009-382.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(f)(2)(A)(i)], in section catchline substituted "General

Counsel; Judicial Officer; Chief Postal Inspector" for "Assistant

Postmasters General; General Counsel; Judicial Officer".

Pub. L. 104-208, Sec. 101(f) [title VI, Sec.

662(f)(2)(A)(ii)-(iv)], substituted "a Judicial Officer, and a

Chief Postal Inspector." for "and a Judicial Officer." and "the

Judicial Officer, and the Chief Postal Inspector" for "and the

Judicial Officer", and inserted at end "The Chief Postal Inspector

shall report to, and be under the general supervision of, the

Postmaster General. The Postmaster General shall promptly notify

the Governors and both Houses of Congress in writing if he or she

removes the Chief Postal Inspector or transfers the Chief Postal

Inspector to another position or location within the Postal

Service, and shall include in any such notification the reasons for

the removal or transfer."

EFFECTIVE DATE

Section effective Jan. 20, 1971, pursuant to Resolution No. 71-7

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1001, 1005 of this title.

-End-

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39 USC Sec. 205 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 205. Procedures of the Board of Governors

-STATUTE-

(a) The Board shall direct and control the expenditures and

review the practices and policies of the Postal Service, and

perform other functions and duties prescribed by this title.

(b) Vacancies in the Board, as long as there are sufficient

members to form a quorum, shall not impair the powers of the Board

under this title.

(c) The Board shall act upon majority vote of those members who

are present, and any 6 members present shall constitute a quorum

for the transaction of business by the Board, except -

(1) that in the appointment or removal of the Postmaster

General, and in setting the compensation of the Postmaster

General and Deputy Postmaster General, a favorable vote of an

absolute majority of the Governors in office shall be required;

(2) that in the appointment or removal of the Deputy Postmaster

General, a favorable vote of an absolute majority of the

Governors in office and the member serving as Postmaster General

shall be required; and

(3) as otherwise provided in this title.

(d) No officer or employee of the United States may serve

concurrently as a Governor. A Governor may hold any other office or

employment not inconsistent or in conflict with his duties,

responsibilities, and powers as an officer of the Government of the

United States in the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 721.)

-MISC1-

EFFECTIVE DATE

Subsecs. (a) and (d) effective July 1, 1971, pursuant to

Resolution No. 71-9 of the Board of Governors, and subsecs. (b) and

(c) effective Aug. 12, 1970. See section 15(a) of Pub. L. 91-375,

set out as a note preceding section 101 of this title.

-End-

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39 USC Sec. 206 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 206. Advisory Council

-STATUTE-

(a) There shall be a Postal Service Advisory Council of which the

Postmaster General shall be the Chairman and the Deputy Postmaster

General shall be the Vice Chairman. The Advisory Council shall have

11 additional members appointed by the President. He shall appoint

as such members (1) 4 persons from among persons nominated by those

labor organizations recognized as collective-bargaining

representatives for employees of the Postal Service in one or more

collective-bargaining units, (2) 4 persons as representatives of

major mail users, and (3) 3 persons as representatives of the

public at large. All members shall be appointed for terms of 2

years except that, of those first appointed, 2 of the members

representative of labor organizations, 2 of the members

representative of major postal users, and 1 member representing the

public at large shall be appointed for 1 year. Any member appointed

to fill a vacancy occurring before the expiration of the term for

which his predecessor was appointed shall serve for the remainder

of such term.

(b) The Postal Service shall consult with and receive the advice

of the Advisory Council regarding all aspects of postal operations.

(c) The members of the Council representative of the public at

large shall receive for each meeting of the Council an amount equal

to the daily rate applicable to level V of the Executive Schedule

under section 5316 of title 5. All members of the Council shall be

reimbursed for necessary travel and reasonable expenses incurred in

attending meetings of the Council.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section effective Aug. 12, 1970, see section 15(a) of Pub. L.

91-375, set out as a note preceding section 101 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a council established by the President

or an officer of the Federal Government, such council is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a council established by the Congress, its

duration is otherwise provided by law. See sections 3(2) and 14 of

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

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39 USC Sec. 207 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 207. Seal

-STATUTE-

The seal of the Postal Service shall be filed by the Board in the

Office of the Secretary of State, judicially noticed, affixed to

all commissions of officers of the Postal Service, and used to

authenticate records of the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 16, 1971, pursuant to Resolution No. 71-5

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-

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39 USC Sec. 208 01/06/03

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TITLE 39 - POSTAL SERVICE

PART I - GENERAL

CHAPTER 2 - ORGANIZATION

-HEAD-

Sec. 208. Reservation of powers

-STATUTE-

Congress reserves the power to alter, amend, or repeal any or all

of the sections of this title, but no such alteration, amendment,

or repeal shall impair the obligation of any contract made by the

Postal Service under any power conferred by this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 722.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

of the Board of Governors. See section 15(a) of Pub. L. 91-375, set

out as a note preceding section 101 of this title.

-End-