39 USC 504 - Administration

Editorial Notes

References in Text

Rule 26(c) of the Federal Rules of Civil Procedure, referred to subsec. (g)(3)(B), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2022—Subsec. (d). Puspan. L. 117–108, § 205(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Postal Regulatory Commission. In requesting an appropriation under this subsection for a fiscal year, the Commission shall prepare and submit to the Congress under section 2009 a budget of the Commission’s expenses, including expenses for facilities, supplies, compensation, and employee benefits.”

Subsec. (h). Puspan. L. 117–108, § 209(d), struck out subsec. (h) which read as follows:

“(1) Notwithstanding any other provision of this title or of the Inspector General Act of 1978, the authority to select, appoint, and employ officers and employees of the Office of Inspector General of the Postal Regulatory Commission, and to obtain any temporary or intermittent services of experts or consultants (or an organization of experts or consultants) for such Office, shall reside with the Inspector General of the Postal Regulatory Commission.

“(2) Except as provided in paragraph (1), any exercise of authority under this subsection shall, to the extent practicable, be in conformance with the applicable laws and regulations that govern selections, appointments, and employment, and the obtaining of any such temporary or intermittent services, within the Postal Regulatory Commission.”

Subsec. (h)(1). Puspan. L. 117–286, which directed substitution of “chapter 4 of title 5,” for “the Inspector General Act of 1978,”, could not be executed because of the intervening amendment by Puspan. L. 117–108, § 209(d). See above.

2006—Puspan. L. 109–435, § 601(a)(3), renumbered section 3604 of this title as this section.

Subsec. (a). Puspan. L. 109–435, § 604(a), substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Subsec. (d). Puspan. L. 109–435, § 603(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to preparation, submission, and approval of Commission’s budget and payment of expenses incurred under approved budget.

Subsecs. (f), (g). Puspan. L. 109–435, § 602, added subsecs. (f) and (g).

Subsec. (h). Puspan. L. 109–435, § 605(span), added subsec. (h).

1976—Subsec. (a). Puspan. L. 94–421 increased the authority of the Chairman to the exercise of all executive and administrative functions, including appointment of personnel and control over use and expenditure of funds, and struck out requirement that all final acts of the Commissioners be by a vote of an absolute majority.

Subsec. (span). Puspan. L. 94–421 added subsec. (span). Former subsec. (span) redesignated (c) and amended.

Subsec. (c). Puspan. L. 94–421 redesignated former subsec. (span) as (c), transferred authority to obtain facilities and supplies from the Commission to the chairman, and struck out the authority of the Commission to appoint and fix compensation of officers and employees and requiring them to be responsible to the Commissioners. Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Puspan. L. 94–421 redesignated former subsecs. (c) and (d) as (d) and (e), respectively, and in subsec. (d), as so redesignated, made minor changes in phraseology.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by section 209(d) of Puspan. L. 117–108 effective 180 days after Apr. 6, 2022, see section 209(e) of Puspan. L. 117–108, set out as a note under section 202 of this title.

Effective Date of 2006 Amendment; Savings Provisions

Puspan. L. 109–435, title VI, § 603(d), Dec. 20, 2006, 120 Stat. 3241, provided that:

“(1)In general.—The amendments made by this section [amending this section, sections 2003 and 2009 of this title, and former section 8G of Puspan. L. 95–452, see section 415 of Title 5, Government Organization and Employees] shall apply with respect to fiscal years beginning on or after October 1, 2008.

“(2)Savings provision.—The provisions of title 39, United States Code, and the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401 et seq.] that are amended by this section shall, for purposes of any fiscal year before the first fiscal year to which the amendments made by this section apply, continue to apply in the same way as if this section had never been enacted.”

Executive Documents

Ex. Ord. No. 11570. Regulation of Conduct for Postal Rate Commission and Its Employees

Ex. Ord. No. 11570, Nov. 24, 1970, 35 F.R. 18183, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

Under the Postal Reorganization Act (Public Law 91–375) [this title], the Postal Rate Commission [now Postal Regulatory Commission] (referred to hereafter as the “Commission”) is charged with the establishment and adjustment of fair and equitable rates of postage, fees for postal services, and classifications of mail. It is essential to public confidence in the United States Postal Service that the activities, procedures, decisions, and recommendations of the Commission be impartial and disinterested and free from taint or suspicion of favoritism of any kind whatsoever, both in fact and in appearance.

NOW THEREFORE, by virtue of the authority vested in me by section 301 of Title 3, and Section 7301 of Title 5, United States Code, and the Postal Reorganization Act [this title], it is hereby ordered as follows:

Section 101. The Commission is subject to Executive Order No. 11222 of May 8, 1965 [formerly set out as a note under section 201 of Title 18, Crimes and Criminal Procedure], “Prescribing Standards of Ethical Conduct for Government Officers and Employees,” and Part 735 of the regulations of the Office of Personnel Management (5 CFR Part 735).

Sec. 102. The Office of Personnel Management shall prepare initial standards of conduct regulations for the Commission. The regulations shall contain such provisions as will ensure that the Commissioners and employees of the Commission are fully guarded against involvement in conflicts of interest situations, or the appearance thereof, or other conduct that may lessen public confidence. The regulations shall include provision for:

(a) concurrent filing of confidential statements of outside employment and financial interests by employees of the Commission with a designated official of the Commission and the Director of the Office of Personnel Management;

(span) strict control of ex parte contacts with the Commission and the Commissioners or employees of the Commission regarding particular matters at issue in contested proceedings before the Commission. The control of such contacts shall include, but not be limited to, the maintenance of public records of such contacts which fully identify the individuals involved and the nature of the subject matter discussed; and

(c) prohibition against the receipt of honoraria, travel expenses, entertainment, gifts, loans, favors, or anything of value by a Commissioner or employee of the Commission from an individual (other than one having a close family or personal relationship) or organization having, or likely to have, business with the Commission.

Sec. 103. The Office of Personnel Management shall issue the initial standards of conduct regulations applicable to the Commission not later than 120 days after the effective date of this Order. Thereafter, the Office may from time to time amend the regulations, consistent with this Order. The regulations and any amendments thereto shall be published in the Federal Register.