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 the competitive service. Enactment of this subsection shall not affect the status or tenure of postmasters in office on the date of enact- ment of this Act [Aug. 12, 1970]. ‘‘(b) [Political Test Prohibition; Merit and Fitness Basis of Personnel Actions; Disciplinary Actions for Violations; Exceptions] (1) In the selection, appointment, and pro- motion of employees of the Post Office Department be- tween the date of enactment of this Act [Aug. 12, 1970] and the date on which the Board of Governors of the Postal Service determines that former section 3311 of title 39, United States Code, is no longer effective, no political test or qualification shall be permitted or given consideration, and all such personnel actions shall be taken on the basis of merit and fitness. Any of- ficer or employee of the Post Office Department who violates this subsection shall be removed from office or otherwise disciplined in accordance with procedures for disciplinary action established pursuant to law. ‘‘(2) This subsection does not apply to the selection and appointment of officers whose appointment is vest- ed in the President, by and with the advice and consent of the Senate, or to the selection, appointment, or pro- motion to a position designated by the Civil Service Commission as a position of a confidential or policy-de- termining character or as a position to be filled by a noncareer executive assignment.’’ [Provisions of section 13 of Pub. L. 91–375 effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of this title.] § 1002. Political recommendations (a) Except as provided in subsection (e) of this section, each appointment, promotion, assign- ment, transfer, or designation, interim or other- wise, 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 state- ment, oral or written, with respect to any per- son 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 Com- missioner 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 Com- monwealth; (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 transmit- ting to the Postal Service, or to any other offi- cer or employee of the Government of the United States, any recommendation or state- ment, oral or written, with respect to any per- son 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 ac- cept any such recommendation or statement; and (2) shall return any such written rec- ommendation 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 consider- ation for any such appointment, promotion, as- signment, transfer, or designation is prohibited from requesting or soliciting any such rec- ommendation or statement from any person or organization except a statement of the type re- ferred to in subsection (e)(2) of this section. (d) Each employment form of the Postal Serv- ice used in connection with any such appoint- ment, promotion, assignment, transfer, or des- ignation 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 sec- tion printed in boldface type shall be posted in the post office concerned. (e) The Postal Service or any authorized offi- cer 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 state- ment with respect to a person who requests or is under consideration for such appointment, pro- motion, 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 gen- eral qualifications of such person; Page 40 TITLE 39—POSTAL SERVICE § 1003 1 So in original. Probably should be ‘‘includes’’. (2) the statement relates solely to the char- acter 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 Gov- ernment 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 af- fect the right of an officer or employee of the Postal Service to petition Congress as author- ized by section 7211 of title 5. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 729; Pub. L. 95–454, title VII, § 703(c)(5), Oct. 13, 1978, 92 Stat. 1217; Pub. L. 109–435, title VI, § 604(a), Dec. 20, 2006, 120 Stat. 3241.) Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 1978—Subsec. (g). Pub. L. 95–454 substituted ‘‘section 7211’’ for ‘‘section 7102’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of Title 5, Government Orga- nization and Employees. EFFECTIVE DATE Section effective Mar. 1, 1971, pursuant to Resolution No. 71–13 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. § 1003. Employment policy (a) Except as provided under chapters 2 and 12 of this title, section 415 of title 5, or other provi- sion of law, the Postal Service shall classify and fix the compensation and benefits of all officers and employees in the Postal Service. It shall be the policy of the Postal Service to maintain compensation and benefits for all officers and employees on a standard of comparability to the compensation and benefits paid for comparable levels of work in the private sector of the econ- omy. No officer or employee shall be paid com- pensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5. (b) Compensation and benefits for all officers and employees serving in or under the Office of Inspector General of the United States Postal Service shall be maintained on a standard of comparability to the compensation and benefits paid for comparable levels of work in the respec- tive Offices of Inspector General of the various establishments named in section 401(1) of title 5. (c) Compensation and benefits for all Postal Inspectors shall be maintained on a standard of comparability to the compensation and benefits paid for comparable levels of work in the execu- tive branch of the Government outside of the Postal Service. As used in this subsection, the term ‘‘Postal Inspector’’ included 1 any agent to whom any investigative powers are granted under section 3061 of title 18. (d) The Postal Service shall follow an employ- ment policy designed, without compromising the policy of section 101(a) of this title, to ex- tend opportunity to the disadvantaged and the handicapped. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 730; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(c)(2)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 117–286, § 4(b)(65), Dec. 27, 2022, 136 Stat. 4350.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286, § 4(b)(65)(A), sub- stituted ‘‘section 415 of title 5,’’ for ‘‘section 8G of the Inspector General Act of 1978,’’. Subsec. (b). Pub. L. 117–286, § 4(b)(65)(B), substituted ‘‘section 401(1) of title 5.’’ for ‘‘section 11(2) of the In- spector General Act of 1978.’’ 1996—Subsec. (a). Pub. L. 104–208, § 101(f) [title VI, § 662(c)(2)(B)], substituted ‘‘chapters 2 and 12 of this title, section 8G of the Inspector General Act of 1978,’’ for ‘‘chapters 2 and 12 of this title’’. Subsecs. (b) to (d). Pub. L. 104–208, § 101(f) [title VI, § 662(c)(2)(A)], added subsecs. (b) and (c) and redesig- nated former subsec. (b) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 20, 1971, pursuant to Resolution No. 71–8 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. COMPENSATION OF EMPLOYEES Pub. L. 91–375, § 9, Aug. 12, 1970, 84 Stat. 784, provided that: ‘‘(a) [Increase in Basic Pay Rate; Effective Date] The Postmaster General, under regulations made by him, shall increase the rates of basic pay or compensation of employees in the Post Office Department so that such rates will equal, as nearly as practicable, 108 percent of the rates of basic pay or compensation in effect imme- diately prior to the date of enactment of this Act [Aug. 12, 1970]. Such increases shall take effect on the first day of the first pay period which begins on or after April 16, 1970. ‘‘(b) [Retroactive Pay] Retroactive pay, compensation, or salary shall be paid by reason of this Act [see Short Title note set out under section 101 of this title] only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) on the date of enactment of this Act [Aug. 12, 1970], except that such retroactive pay, com- pensation, or salary shall be paid— ‘‘(1) to an officer or employee who retired, during the period beginning on the first day of the first pay