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39 U.S.C. § 1002 — Political recommendations

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1002 — Political recommendations

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Stable record: federal_law:legal_authorities:record_usc_6bc35a0e2605032c10d83b16
Source file: Laws/federal/codes/united-states-code/title-39/section-1002-political-recommendations--3c24252212.md
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Source location: Title 39, Chapter 10, § 1002; chapter-010-employment-within-the-postal-service.md

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**(a)** Except as provided in subsection (e) of this section, each appointment, promotion, assignment, transfer, or designation, interim or otherwise, of an officer or employee in the Postal Service (except a Governor or member of the Postal Regulatory Commission) shall be made without regard to any recommendation or statement, oral or written, with respect to any person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, made by— (1) any Member of the Senate or House of Representatives (including the Resident Commissioner from Puerto Rico); (2) any elected official of the government of any State (including the Commonwealth of Puerto Rico) or of any county, city, or other political subdivision of such State or Commonwealth; (3) any official of a national political party or of a political party of any State (including the Commonwealth of Puerto Rico), county, city, or other subdivision of such State or Commonwealth; or (4) any other individual or organization. **(b)** Except as provided in subsection (e) of this section, a person or organization referred to in clause (1), (2), (3), or (4) of subsection (a) of this section is prohibited from making or transmitting to the Postal Service, or to any other officer or employee of the Government of the United States, any recommendation or statement, oral or written, with respect to any person who requests or is under consideration for any such appointment, promotion, assignment, transfer, or designation. The Postal Service and any officer or employee of the Government of the United States, subject to subsection (e) of this section— (1) shall not solicit, request, consider, or accept any such recommendation or statement; and (2) shall return any such written recommendation or statement received by him, appropriately marked as in violation of this section, to the person or organization making or transmitting the same. **(c)** A person who requests or is under consideration for any such appointment, promotion, assignment, transfer, or designation is prohibited from requesting or soliciting any such recommendation or statement from any person or organization except a statement of the type referred to in subsection (e)(2) of this section. **(d)** Each employment form of the Postal Service used in connection with any such appointment, promotion, assignment, transfer, or designation shall contain appropriate language in boldface type informing all persons concerned of the provisions of this section. During the time any such appointment, promotion, assignment, transfer, or designation is under consideration, appropriate notice of the provisions of this section printed in boldface type shall be posted in the post office concerned. **(e)** The Postal Service or any authorized officer or employee of the Government of the United States may solicit, accept, and consider, and any other individual or organization may furnish or transmit to the Postal Service or such authorized officer or employee, any statement with respect to a person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, if— (1) the statement is furnished pursuant to a request or requirement of the Postal Service and consists solely of an evaluation of the work performance, ability, aptitude, and general qualifications of such person; (2) the statement relates solely to the character and residence of such person; (3) the statement is furnished pursuant to a request made by an authorized representative of the Government of the United States solely in order to determine whether such person meets the loyalty, suitability, and character requirements for employment with the Government of the United States; or (4) the statement is furnished by a former employer of such person pursuant to a request of the Postal Service, and consists solely of an evaluation of the work performance, ability, aptitude, and general qualifications of such person during his employment with such former employer. **(f)** The Postal Service shall take any action it determines necessary and proper, including but not limited to suspension, removal from office, or disqualification from the Postal Service, to enforce the provisions of this section. **(g)** The provisions of this section shall not affect the right of an officer or employee of the Postal Service to petition Congress as authorized by [section 7211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7211&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7211 — Employees’ right to petition Congress

The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 101 — Postal policy

**(a)** The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people. **(b)** The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities. **(c)** As an employer, the Postal Service shall achieve and maintain compensation for its officers and employees comparable to the rates and types of compensation pa

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 1002 — Political recommendations

Page 39 TITLE 39—POSTAL SERVICE § 1002 [Provisions of section 8 of Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors 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 sec- tion 101 of this title.] APPOINTMENT OF POSTMASTERS AND OTHER EMPLOYEES ON MERIT BASIS Pub. L. 91–375, § 13, Aug. 12, 1970, 84 Stat. 786, provided that: ‘‘(a) [Methods of Appointment; Order of precedence; Sta- tus of Postmasters in Office] Between the date of enact- ment of this Act [Aug. 12, 1970] and the date on which the Board of Governors of the United States Postal Service determines that section 1001 of title 39, United States Code (as enacted by section 2 of this Act), is ef- fective, the Postmaster General shall appoint post- masters at offices of all classes in the competitive civil service by one of the three following methods which shall be applied in the following order of precedence: ‘‘(1) by selection of a qualified employee serving at the post office where the vacancy occurs, including an acting postmaster who was serving on January 1, 1969, who shall acquire a competitive status upon being appointed postmaster; ‘‘(2) if no qualified employee serving at the post of- fice where the vacancy occurs is available for, and willing to accept, appointment by the method de- scribed in subparagraph (1), by selection of a qualified employee serving in the postal field service; or ‘‘(3) if no qualified employee is available for, and willing to accept, appointment by the methods de- scribed in subparagraph (1) or (2), by competitive ex- amination in accordance with the provisions of title 5, United States Code, governing appointments in

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