39 U.S.C. § 502 — Commissioners

Page 33 TITLE 39—POSTAL SERVICE § 502 ‘‘(A) a comprehensive review of the history and development of universal service and the postal mo- nopoly, including how the scope and standards of universal service and the postal monopoly have evolved over time for the Nation and its urban and rural areas; ‘‘(B) the scope and standards of universal service and the postal monopoly provided under current law (including sections 101 and 403 of title 39, United States Code), and current rules, regulations, policy statements, and practices of the Postal Serv- ice; ‘‘(C) a description of any geographic areas, popu- lations, communities (including both urban and rural communities), organizations, or other groups or entities not currently covered by universal serv- ice or that are covered but that are receiving serv- ices deficient in scope or quality or both; and ‘‘(D) the scope and standards of universal service and the postal monopoly likely to be required in the future in order to meet the needs and expecta- tions of the United States public, including all types of mail users, based on discussion of such as- sumptions, alternative sets of assumptions, and analyses as the Postal Service considers plausible. ‘‘(b) RECOMMENDED CHANGES TO UNIVERSAL SERVICE AND THE MONOPOLY.—The Postal Regulatory Commis- sion shall include in the report under subsection (a), and in all reports submitted under section 701 of this Act [set out as a note above]— ‘‘(1) any recommended changes to universal service and the postal monopoly as the Commission considers appropriate, including changes that the Commission may implement under current law and changes that would require changes to current law, with estimated effects of the recommendations on the service, finan- cial condition, rates, and security of mail provided by the Postal Service; ‘‘(2) with respect to each recommended change de- scribed under paragraph (1)— ‘‘(A) an estimate of the costs of the Postal Serv- ice attributable to the obligation to provide uni- versal service under current law; and ‘‘(B) an analysis of the likely benefit of the cur- rent postal monopoly to the ability of the Postal Service to sustain the current scope and standards of universal service, including estimates of the fi- nancial benefit of the postal monopoly to the ex- tent practicable, under current law; and ‘‘(3) such additional topics and recommendations as the Commission considers appropriate, with esti- mated effects of the recommendations on the service, financial condition, rates, and the security of mail provided by the Postal Service. ‘‘(c) CONSULTATION.—In preparing the report required by this section, the Postal Regulatory Commission— ‘‘(1) shall solicit written comments from the Postal Service and consult with the Postal Service and other Federal agencies, users of the mails, enterprises in the private sector engaged in the delivery of the mail, and the general public; and ‘‘(2) shall address in the report any written com- ments received under this section. ‘‘(d) CLARIFYING PROVISION.—Nothing in this section shall be considered to relate to any services that are not postal services within the meaning of section 102 of title 39, United States Code, as amended by section 101 of this Act.’’ PROVISIONS RELATING TO COOPERATIVE MAILINGS Pub. L. 109–435, title VII, § 711, Dec. 20, 2006, 120 Stat. 3248, provided that: ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Postal Regulatory Commis- sion shall examine section E670.5.3 of the Domestic Mail Manual to determine whether it contains ade- quate safeguards to protect against— ‘‘(A) abuses of rates for nonprofit mail; and ‘‘(B) deception of consumers. ‘‘(2) REPORT.—The Commission shall report the re- sults of its examination to the Postal Service, along with any recommendations that the Commission de- termines appropriate. ‘‘(b) FAILURE TO ACT.—If the Postal Service fails to act on the recommendations of the Commission, the Commission may take such action as it determines necessary to prevent abuse of rates or deception of con- sumers.’’ DEFINITIONS Pub. L. 117–108, § 2, Apr. 6, 2022, 136 Stat. 1127, provided that: ‘‘(a) COMMISSION.—In this Act [see Tables for classi- fication], the term ‘Commission’ means the Postal Reg- ulatory Commission. ‘‘(b) TERMS DEFINED IN TITLE 39, UNITED STATES CODE.—In this Act, the terms ‘competitive product’, ‘market-dominant product’, and ‘Postal Service’ have the meanings given those terms in section 102 of title 39, United States Code.’’ § 502. Commissioners (a) The Postal Regulatory Commission is com- posed of 5 Commissioners, appointed by the President, by and with the advice and consent of the Senate. The Commissioners shall be chosen solely on the basis of their technical qualifica- tions, professional standing, and demonstrated expertise in economics, accounting, law, or pub- lic administration, and may be removed by the President only for cause. Each individual ap- pointed to the Commission shall have the quali- fications and expertise necessary to carry out the enhanced responsibilities accorded Commis- sioners under the Postal Accountability and En- hancement Act. Not more than 3 of the Commis- sioners may be adherents of the same political party. (b) No Commissioner shall be financially inter- ested in any enterprise in the private sector of the economy engaged in the delivery of mail matter. (c) A Commissioner may continue to serve after the expiration of his term until his suc- cessor has qualified, except that a Commissioner may not so continue to serve for more than 1 year after the date upon which his term other- wise would expire under subsection (f). (d) One of the Commissioners shall be des- ignated as Chairman by, and shall serve in the position of Chairman at the pleasure of, the President. (e) The Commissioners shall by majority vote designate a Vice Chairman of the Commission. The Vice Chairman shall act as Chairman of the Commission in the absence of the Chairman. (f) The Commissioners shall serve for terms of 6 years. (Added Pub. L. 109–435, title VI, § 601(a)(1), Dec. 20, 2006, 120 Stat. 3238.) Editorial Notes REFERENCES IN TEXT The Postal Accountability and Enhancement Act, re- ferred to in subsec. (a), is Pub. L. 109–435, Dec. 20, 2006, 120 Stat. 3198. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not to affect the appointment or tenure of any person serving as a Commissioner on the Postal Page 34 TITLE 39—POSTAL SERVICE § 503 Regulatory Commission under an appointment made before Dec. 20, 2006, or any nomination made before that date, but when any such office becomes vacant, the appointment to fill that office to be made in ac- cordance with this section, see section 601(b) of Pub. L. 109–435, set out as an Effective Date of 2006 Amendment note under section 501 of this title. § 503. Rules; regulations; procedures The Postal Regulatory Commission shall pro- mulgate rules and regulations and establish pro- cedures, subject to chapters 5 and 7 of title 5, and take any other action they deem necessary and proper to carry out their functions and obli- gations to the Government of the United States and the people as prescribed under this title. Such rules, regulations, procedures, and actions shall not be subject to any change or supervision by the Postal Service. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 759, § 3603; renumbered § 503 and amended Pub. L. 109–435, title VI, §§ 601(a)(3), 604(a), title X, 1010(c)(1), Dec. 20, 2006, 120 Stat. 3239, 3241, 3261.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–435, § 1010(c)(1), substituted ‘‘this title’’ for ‘‘this chapter’’. Pub. L. 109–435, § 604(a), substituted ‘‘Postal Regu- latory Commission’’ for ‘‘Postal Rate Commission’’. Pub. L. 109–435, § 601(a)(3), renumbered section 3603 of this title as this section. § 504. Administration (a) The Chairman of the Postal Regulatory Commission shall be the principal executive of- ficer of the Commission. The Chairman shall ex- ercise or direct the exercise of all the executive and administrative functions of the Commis- sion, including functions of the Commission with respect to (1) the appointment of personnel employed under the Commission, except that the appointment of heads of major administra- tive units under the Commission shall require the approval of a majority of the members of the Commission, (2) the supervision of the personnel employed under the Commission and the dis- tribution of business among them and among the Commissioners, and (3) the use and expendi- ture of funds. (b) In carrying out any of his functions under this section, the Chairman shall be governed by the general policies of the Commission. (c) The Chairman may obtain such facilities and supplies as may be necessary to permit the Commission to carry out its functions. Any offi- cer or employee appointed under this section shall be paid at rates of compensation and shall be entitled to programs offering employee bene- fits established under chapter 10 or chapter 12 of this title, as appropriate. (d)(1) Not later than September 1 of each fiscal year (beginning with fiscal year 2022), the Postal Regulatory Commission shall submit to the Postal Service a budget of the Commission’s ex- penses, including expenses for facilities, sup- plies, compensation, and employee benefits, for the following fiscal year. Any such budget shall be deemed approved as submitted if the Gov- ernors fail to adjust the budget in accordance with paragraph (2). (2)(A) Not later than 30 days after receiving a budget under paragraph (1), the Governors hold- ing office, by unanimous written decision, may adjust the total amount of funding requested in such budget. Nothing in this subparagraph may be construed to authorize the Governors to ad- just any activity proposed to be funded by the budget. (B) If the Governors adjust the budget under subparagraph (A), the Postal Regulatory Com- mission shall adjust the suballocations within such budget to reflect the total adjustment made by the Governors. The budget shall be deemed approved on the date the Commission makes any such adjustments. The Commission may make further adjustments to the suballoca- tions within such budget as necessary. (3) Expenses incurred under any budget ap- proved under this subsection shall be paid out of the Postal Service Fund established under sec- tion 2003. (e) The provisions of section 410 and chapter 10 of this title shall apply to the Commission, as appropriate. (f)(1) Any Commissioner of the Postal Regu- latory Commission, any administrative law judge appointed by the Commission under sec- tion 3105 of title 5, and any employee of the Commission designated by the Commission may administer oaths, examine witnesses, take depo- sitions, and receive evidence. (2) The Chairman of the Commission, any Commissioner designated by the Chairman, and any administrative law judge appointed by the Commission under section 3105 of title 5 may, with respect to any proceeding conducted by the Commission under this title or to obtain infor- mation to be used to prepare a report under this title— (A) issue subpoenas requiring the attendance and presentation of testimony by, or the pro- duction of documentary or other evidence in the possession of, any covered person; and (B) order the taking of depositions and re- sponses to written interrogatories by a cov- ered person. The written concurrence of a majority of the Commissioners then holding office shall, with respect to each subpoena under subparagraph (A), be required in advance of its issuance. (3) In the case of contumacy or failure to obey a subpoena issued under this subsection, upon application by the Commission, the district court of the United States for the district in which the person to whom the subpoena is ad- dressed resides or is served may issue an order requiring such person to appear at any des- ignated place to testify or produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (4) For purposes of this subsection, the term ‘‘covered person’’ means an officer, employee, agent, or contractor of the Postal Service. (g)(1) If the Postal Service determines that any document or other matter it provides to the Postal Regulatory Commission under a sub- poena issued under subsection (f), or otherwise at the request of the Commission in connection with any proceeding or other purpose under this title, contains information which is described in