39 U.S.C. § 2009 — Annual budget

Page 56 TITLE 39—POSTAL SERVICE § 2008 (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 741; Pub. L. 97–452, § 2(f), Jan. 12, 1983, 96 Stat. 2479.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–452 substituted ‘‘chapter 31 of title 31’’ for ‘‘the Second Liberty Bond Act’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 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. § 2008. Audit and expenditures (a) The accounts and operations of the Postal Service shall be audited by the Comptroller Gen- eral and reports thereon made to the Congress to the extent and at such times as he may deter- mine. (b) The Postal Service shall maintain an ade- quate internal audit of the financial trans- actions of the Postal Service. (c) Subject only to the provisions of this chap- ter, the Postal Service is authorized to make such expenditures and to enter into such con- tracts, agreements, and arrangements, upon such terms and conditions and in such manner as it deems necessary, including the final settle- ment of all claims and litigation by or against the Postal Service. (d) Nothing in this section shall be construed as denying to the Postal Service the power to obtain audits of the accounts of the Postal Serv- ice and reports concerning its financial condi- tion and operations by certified public account- ing firms. Such audits and reports shall be in ad- dition to those required by this section. (e) At least once each year beginning with the fiscal year commencing after June 30, 1971, the Postal Service shall obtain a certification from an independent, certified public accounting firm of the accuracy of any financial statements of the Postal Service used in determining and es- tablishing postal rates. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 741.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 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. § 2009. Annual budget The Postal Service shall cause to be prepared annually a budget program which shall be sub- mitted to the Office of Management and Budget, under such rules and regulations as the Presi- dent may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget pro- gram shall be prepared and presented. The budg- et program shall be a business-type budget, or plan of operations, with due allowance given to the need for flexibility, including provision for emergencies and contingencies, in order that the Postal Service may properly carry out its ac- tivities as authorized by law. The budget pro- gram shall contain estimates of the financial condition and operations of the Postal Service for the current and ensuing fiscal years and the actual condition and results of operation for the last completed fiscal year. Such budget program shall include a statement of financial condition, a statement of income and expense, an analysis of surplus or deficit, a statement of sources and application of funds, and such other supple- mentary statements and information as are nec- essary or desirable to make known the financial condition and operations of the Postal Service. Such statements shall include estimates of oper- ations by major types of activities, together with estimates of administrative expenses and estimates of borrowings. The budget program shall also include separate statements of the amounts which (1) the Postal Service requests to be appropriated under subsections (b) and (c) of section 2401, and (2) the Office of Inspector General of the United States Postal Service re- quests to be appropriated, out of the Postal Service Fund, under section 415(f) of title 5. The President shall include these amounts, with his recommendations but without revision, in the budget transmitted to Congress under section 1105 of title 31. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 742; Pub. L. 93–328, § 3, June 30, 1974, 88 Stat. 288; Pub. L. 97–258, § 3(l)(2), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 109–435, title VI, § 603(c)(1), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 117–108, title II, § 205(b)(2), Apr. 6, 2022, 136 Stat. 1148; Pub. L. 117–286, § 4(b)(67), Dec. 27, 2022, 136 Stat. 4350.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–286, which directed substitution of ‘‘section 415(f) of title 5,’’ for ‘‘section 8G(f) of the In- spector General Act of 1978,’’, was executed by sub- stituting ‘‘section 415(f) of title 5’’ for ‘‘section 8G(f) of the Inspector General Act of 1978’’ to reflect the prob- able intent of Congress and the intervening amendment by Pub. L. 117–108, which had struck out the comma after ‘‘1978’’. See below. Pub. L. 117–108 inserted ‘‘and’’ before ‘‘(2)’’ and struck out ‘‘, and (3) the Postal Regulatory Commission re- quests to be appropriated, out of the Postal Service Fund, under section 504(d) of this title’’ after ‘‘Inspec- tor General Act of 1978’’. 2006—Pub. L. 109–435 substituted ‘‘The budget pro- gram shall also include separate statements of the amounts which (1) the Postal Service requests to be ap- propriated under subsections (b) and (c) of section 2401, (2) the Office of Inspector General of the United States Postal Service requests to be appropriated, out of the Postal Service Fund, under section 8G(f) of the Inspec- tor General Act of 1978, and (3) the Postal Regulatory Commission requests to be appropriated, out of the Postal Service Fund, under section 504(d) of this title.’’ for ‘‘The budget program shall also include separate statements of the amounts which the Postal Service re- quests to be appropriated under subsections (b) and (c) of section 2401 of this title.’’ 1982—Pub. L. 97–258 substituted ‘‘section 1105 of title 31’’ for ‘‘section 11 of title 31’’. 1974—Pub. L. 93–328 required the budget program to include separate statements of the amounts which the Postal Service requests to be appropriated under sec- tion 2401(b) and (c) of this title and the President to in- Page 57 TITLE 39—POSTAL SERVICE § 2011 1 See References in Text note below. clude these amounts in the budget transmitted to Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT; SAVINGS PROVISIONS Amendment by Pub. L. 109–435 applicable with re- spect to fiscal years beginning on or after Oct. 1, 2008, subject to savings provisions, see section 603(d) of Pub. L. 109–435, set out as a note under section 504 of this title. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 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. OPERATIONS OF INSPECTOR GENERAL AS MAJOR TYPE OF ACTIVITY FOR BUDGET PURPOSES Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(a)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–379, pro- vided that: ‘‘For purposes of the fifth sentence of sec- tion 2009 of title 39, United States Code, the operations of the Office of Inspector General of the United States Postal Service shall be considered a major type of ac- tivity.’’ § 2009a. Budgetary treatment of the Postal Serv- ice Fund Notwithstanding any other provision of law, the receipts and disbursements of the Postal Service Fund, including disbursements for ad- ministrative expenses incurred in connection with the Fund— (1) shall not be included in the totals of— (A) the budget of the United States Gov- ernment as submitted by the President, or (B) the congressional budget (including al- locations of budget authority and outlays provided therein); (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be exempt from any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, and shall not be counted for purposes of calcu- lating the deficit under section 3(6) of the Con- gressional Budget and Impoundment Control Act of 1974 for purposes of comparison with the maximum deficit amount under the Balanced Budget and Emergency Deficit Control Act of 1985 nor counted in calculating the excess def- icit for purposes of sections 251 and 252 1 of the Balanced Budget and Emergency Deficit Con- trol Act of 1985, for any fiscal year. (Added Pub. L. 101–239, title IV, § 4001(a)(1), Dec. 19, 1989, 103 Stat. 2133.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in par. (3), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§ 900 et seq.) of chapter 20 of Title 2, The Congress. Sections 251 and 252 of the Act are classified to sections 901 and 902, respec- tively, of Title 2, and were amended generally by Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–577, 1388–581. Section 251 of the Act was further amended generally by Pub. L. 112–25, title I, § 101, Aug. 2, 2011, 125 Stat. 241. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 900 of Title 2 and Tables. Section 3(6) of the Congressional Budget and Im- poundment Control Act of 1974, referred to in par. (3), is classified to section 622(6) of Title 2. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 101–239, title IV, § 4001(c), Dec. 19, 1989, 103 Stat. 2133, provided that: ‘‘The amendments made by this section [enacting this section] shall apply with re- spect to budgets for fiscal years beginning after Sep- tember 30, 1989.’’ CONSTRUCTION Pub. L. 101–239, title IV, § 4001(b), Dec. 19, 1989, 103 Stat. 2133, provided that: ‘‘Nothing in any amendment made by subsection (a) [enacting this section] shall be considered to diminish the oversight responsibilities or authority of the Congress under law, rule, or regulation with respect to the budget and operations of the United States Postal Service.’’ § 2010. Restrictions on agreements The Postal Service shall promote modern and efficient operations and should refrain from ex- pending any funds, engaging in any practice, or entering into any agreement or contract, other than an agreement or contract under chapter 12 of this title, which restricts the use of new equipment or devices which may reduce the cost or improve the quality of postal services, except where such restriction is necessary to insure safe and healthful employment conditions. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 742.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 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. § 2011. Provisions relating to competitive prod- ucts (a)(1) In this subsection, the term ‘‘costs at- tributable’’ has the meaning given such term by section 3631. (2) There is established in the Treasury of the United States a revolving fund, to be called the Postal Service Competitive Products Fund, which shall be available to the Postal Service without fiscal year limitation for the payment of— (A) costs attributable to competitive prod- ucts; and (B) all other costs incurred by the Postal Service, to the extent allocable to competitive products. (b) There shall be deposited in the Competitive Products Fund, subject to withdrawal by the Postal Service— (1) revenues from competitive products; (2) amounts received from obligations issued by Postal Service under subsection (e);