39 USC 202 - Board of Governors

Editorial Notes

Amendments

2022—Subsec. (e)(1). Puspan. L. 117–108, § 209(span)(1), substituted “The Governors and the members of the Postal Regulatory Commission shall appoint, by a favorable vote of a majority of the Governors in office and of a majority of the members of the Commission in office,” for “The Governors shall appoint”.

Subsec. (e)(3). Puspan. L. 117–286 substituted “section 415(e) of title 5.” for “section 8G(e) of the Inspector General Act of 1978.”

Puspan. L. 117–108, § 209(span)(2), inserted “and 3 members of the Postal Regulatory Commission” after “at least 7 Governors”.

2006—Subsec. (a). Puspan. L. 109–435, § 501(a)(1), designated existing provisions as par. (1) and substituted “The Governors shall represent the public interest generally, and shall be chosen solely on the basis of their experience in the field of public service, law or accounting or on their demonstrated ability in managing organizations or corporations (in either the public or private sector) of substantial size; except that at least 4 of the Governors shall be chosen solely on the basis of their demonstrated ability in managing organizations or corporations (in either the public or private sector) that employ at least 50,000 employees. The Governors shall not be representatives of specific interests using the Postal Service, and may be removed only for cause.” for “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.”

Subsec. (a)(2). Puspan. L. 109–435, § 501(span), added par. (2).

Subsec. (span). Puspan. L. 109–435, § 501(d)(1), designated existing provisions as par. (1) and added par. (2).

Puspan. L. 109–435, § 501(c)(1), which directed amendment of first sentence by substituting “7 years” for “9 years”, was executed by making substitution for “9 years” the first place appearing in first sentence, to reflect the probable intent of Congress.

1996—Subsec. (a). Puspan. L. 104–208, § 101(f) [title VI, § 644(a)], substituted “$30,000 a year” for “$10,000 a year”.

Subsec. (e). Puspan. L. 104–208, § 101(f) [title VI, § 662(a)(1)], added subsec. (e).

1985—Subsec. (a). Puspan. L. 99–190 substituted “42” for “30” in two places.

1983—Subsec. (span). Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–108, title II, § 209(e), Apr. 6, 2022, 136 Stat. 1152, provided that: “This section [amending this section, section 504 of this title, and former section 8G of Puspan. L. 95–452 (see section 415 of Title 5, Government Organization and Employees), and enacting provisions set out as a note under section 415 of Title 5] and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act [Apr. 6, 2022].”

Effective Date of 2006 Amendment

Puspan. L. 109–435, title V, § 501(a)(2), Dec. 20, 2006, 120 Stat. 3232, provided that: “The amendment made by paragraph (1) [amending this section] shall not affect the appointment or tenure of any person serving as a Governor of the United States Postal Service under an appointment made before the date of enactment of this Act [Dec. 20, 2006][;] however, when any such office becomes vacant, the appointment of any person to fill that office shall be made in accordance with such amendment. The requirement set forth in the fourth sentence of section 202(a)(1) of title 39, United States Code (as amended by subsection (a)) shall be met beginning not later than 9 years after the date of enactment of this Act [Dec. 20, 2006].”

Puspan. L. 109–435, title V, § 501(c)(2), Dec. 20, 2006, 120 Stat. 3233, provided that:

“(A)Continuation by incumbents.—The amendment made by paragraph (1) [amending this section] shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] and such person may continue to serve the remainder of the applicable term.

“(B)Vacancy by incumbent before 7 years of service.—If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] resigns, is removed, or dies before the expiration of the 9-year term of that Governor, and that Governor has served less than 7 years of that term, the resulting vacancy in office shall be treated as a vacancy in a 7-year term.

“(C)Vacancy by incumbent after 7 years of service.—If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] resigns, is removed, or dies before the expiration of the 9-year term of that Governor, and that Governor has served 7 years or more of that term, that term shall be deemed to have been a 7-year term beginning on its commencement date for purposes of determining vacancies in office. Any appointment to the vacant office shall be for a 7-year term beginning at the end of the original 9-year term determined without regard to the deeming under the preceding sentence. Nothing in this subparagraph shall be construed to affect any action or authority of any Governor or the Board of Governors during any portion of a 9-year term deemed to be a 7-year term under this subparagraph.”

Puspan. L. 109–435, title V, § 501(d)(2), Dec. 20, 2006, 120 Stat. 3233, provided that: “The amendments made by paragraph (1) [amending this section] shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] with respect to the term which that person is serving on that date. Such person may continue to serve the remainder of the applicable term, after which the amendments made by paragraph (1) shall apply.”

Effective Date of 1996 Amendment

Puspan. L. 104–208, div. A, title I, § 101(f) [title VI, § 644(span)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–366, 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 Puspan. 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 Puspan. L. 91–375, set out as a note preceding section 101 of this title.