39 U.S.C. § 202 — Board of Governors

Page 11 TITLE 39—POSTAL SERVICE § 202 ‘‘(1) FIRST APPOINTMENT.—The first Inspector General of the United States Postal Service appointed pursuant to the amendments made by this section [amending sections 102, 202, 204, 410, and 1003 of this title, section 5315 of Title 5, Government Organization and Employ- ees, and section 8G of the Inspector General Act of 1978, Pub. L. 95–452, formerly set out in the Appendix to Title 5, and renumbering another section 8G of the Inspector General Act of 1978 as 8H] shall be appointed before the end of the 90-day period beginning on the date of the enactment of this Act [Sept. 30, 1996]. ‘‘(2) TRANSFERS.— ‘‘(A) IN GENERAL.—All measures described in sec- tion 8G(b) of the Inspector General Act of 1978 [see 5 U.S.C. 415(b)] necessary to establish an Office of In- spector General within the United States Postal Service pursuant to this section, including all appro- priate transfers, shall occur— ‘‘(i) no earlier than the date the appointment under paragraph (1) is made; and ‘‘(ii) no later than 60 days after the date the ap- pointment under paragraph (1) is made. ‘‘(B) PROVISIONS RELATING TO PERSONNEL.— ‘‘(i) CONSULTATION.—Decisions concerning which personnel are to be transferred pursuant to sub- paragraph (A) shall be made by the Governors (within the meaning of section 102(3) of title 39, United States Code) in consultation with the In- spector General appointed under paragraph (1). ‘‘(ii) TRANSFERRED PERSONNEL.—Personnel trans- ferred pursuant to subparagraph (A) shall, to the extent not inconsistent with other provisions of this subsection, be transferred in accordance with applicable laws and regulations relating to the transfer of functions within the United States Post- al Service, except that, notwithstanding any provi- sion of section 1003(b) of title 39, United States Code, as amended by this section, the classification and compensation of such personnel shall not be re- duced, by reason of having been transferred, for 1 year after being so transferred. ‘‘(3) TRANSITION PROVISION.—The Chief Postal Inspec- tor may continue to serve as Inspector General of the United States Postal Service until the date on which an Inspector General is appointed under paragraph (1) or, if earlier, the end of the period referred to in such paragraph. Compensation for any service under this paragraph shall be determined as if this section had not been enacted.’’ § 202. Board of Governors (a)(1) The exercise of the power of the Postal Service shall be directed by a Board of Gov- ernors composed of 11 members appointed in ac- cordance with this section. Nine of the mem- bers, to be known as Governors, shall be ap- pointed by the President, by and with the advice and consent of the Senate, not more than 5 of whom may be adherents of the same political party. The Governors shall elect a Chairman from among the members of the Board. The Gov- ernors shall represent the public interest gen- erally, and shall be chosen solely on the basis of their experience in the field of public service, law or accounting or on their demonstrated abil- ity in managing organizations or corporations (in either the public or private sector) of sub- stantial size; except that at least 4 of the Gov- ernors shall be chosen solely on the basis of their demonstrated ability in managing organi- zations or corporations (in either the public or private sector) that employ at least 50,000 em- ployees. The Governors shall not be representa- tives of specific interests using the Postal Serv- ice, and may be removed only for cause. Each Governor shall receive a salary of $30,000 a year plus $300 a day for not more than 42 days of meetings each year and shall be reimbursed for travel and reasonable expenses incurred in at- tending meetings of the Board. Nothing in the preceding sentence shall be construed to limit the number of days of meetings each year to 42 days. (2) In selecting the individuals described in paragraph (1) for nomination for appointment to the position of Governor, the President should consult with the Speaker of the House of Rep- resentatives, the minority leader of the House of Representatives, the majority leader of the Sen- ate, and the minority leader of the Senate. (b)(1) The terms of the 9 Governors shall be 7 years, except that the terms of the 9 Governors first taking office shall expire as designated by the President at the time of appointment, 1 at the end of 1 year, 1 at the end of 2 years, 1 at the end of 3 years, 1 at the end of 4 years, 1 at the end of 5 years, 1 at the end of 6 years, 1 at the end of 7 years, 1 at the end of 8 years, and 1 at the end of 9 years, following the appointment of the first of them. Any Governor appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. A Governor may continue to serve after the expiration of his term until his successor has qualified, but not to exceed one year. (2) No person may serve more than 2 terms as a Governor. (c) The Governors shall appoint and shall have the power to remove the Postmaster General, who shall be a voting member of the Board. His pay and term of service shall be fixed by the Governors. (d) The Governors and the Postmaster General shall appoint and shall have the power to re- move the Deputy Postmaster General, who shall be a voting member of the Board. His term of service shall be fixed by the Governors and the Postmaster General and his pay by the Gov- ernors. (e)(1) The Governors and the members of the Postal Regulatory Commission shall appoint, by a favorable vote of a majority of the Governors in office and of a majority of the members of the Commission in office, and shall have the power to remove the Inspector General. (2) The Inspector General shall be appointed— (A) for a term of 7 years; (B) without regard to political affiliation; and (C) solely on the basis of integrity and dem- onstrated ability in accounting, auditing, fi- nancial analysis, law, management analysis, public administration, or investigations. (3) The Inspector General may at any time be removed upon the written concurrence of at least 7 Governors and 3 members of the Postal Regulatory Commission, but only for cause. Nothing in this subsection shall be considered to exempt the Governors from the requirements of section 415(e) of title 5. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 720; Pub. L. 98–81, § 2, Aug. 23, 1983, 97 Stat. 487; Pub. L. 99–190, § 144, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 644(a), 662(a)(1)], Sept. 30, 1996, 110 Stat. 3009–314, Page 12 TITLE 39—POSTAL SERVICE § 203 3009–366, 3009–378; Pub. L. 109–435, title V, § 501(a)(1), (b), (c)(1), (d)(1), Dec. 20, 2006, 120 Stat. 3232, 3233; Pub. L. 117–108, title II, § 209(b), Apr. 6, 2022, 136 Stat. 1152; Pub. L. 117–286, § 4(b)(62), Dec. 27, 2022, 136 Stat. 4350.) Editorial Notes AMENDMENTS 2022—Subsec. (e)(1). Pub. L. 117–108, § 209(b)(1), sub- stituted ‘‘The Governors and the members of the Postal Regulatory Commission shall appoint, by a favorable vote of a majority of the Governors in office and of a majority of the members of the Commission in office,’’ for ‘‘The Governors shall appoint’’. Subsec. (e)(3). Pub. L. 117–286 substituted ‘‘section 415(e) of title 5.’’ for ‘‘section 8G(e) of the Inspector General Act of 1978.’’ Pub. L. 117–108, § 209(b)(2), inserted ‘‘and 3 members of the Postal Regulatory Commission’’ after ‘‘at least 7 Governors’’. 2006—Subsec. (a). Pub. L. 109–435, § 501(a)(1), des- ignated existing provisions as par. (1) and substituted ‘‘The Governors shall represent the public interest gen- erally, and shall be chosen solely on the basis of their experience in the field of public service, law or account- ing or on their demonstrated ability in managing orga- nizations or corporations (in either the public or pri- vate sector) of substantial size; except that at least 4 of the Governors shall be chosen solely on the basis of their demonstrated ability in managing organizations or corporations (in either the public or private sector) that employ at least 50,000 employees. The Governors shall not be representatives of specific interests using the Postal Service, and may be removed only for cause.’’ for ‘‘The Governors shall be chosen to represent the public interest generally, and shall not be rep- resentatives of specific interests using the Postal Serv- ice, and may be removed only for cause.’’ Subsec. (a)(2). Pub. L. 109–435, § 501(b), added par. (2). Subsec. (b). Pub. L. 109–435, § 501(d)(1), designated ex- isting provisions as par. (1) and added par. (2). Pub. L. 109–435, § 501(c)(1), which directed amendment of first sentence by substituting ‘‘7 years’’ for ‘‘9 years’’, was executed by making substitution for ‘‘9 years’’ the first place appearing in first sentence, to re- flect the probable intent of Congress. 1996—Subsec. (a). Pub. L. 104–208, § 101(f) [title VI, § 644(a)], substituted ‘‘$30,000 a year’’ for ‘‘$10,000 a year’’. Subsec. (e). Pub. L. 104–208, § 101(f) [title VI, § 662(a)(1)], added subsec. (e). 1985—Subsec. (a). Pub. L. 99–190 substituted ‘‘42’’ for ‘‘30’’ in two places. 1983—Subsec. (b). Pub. L. 98–81 inserted provision that a Governor may continue to serve after the expiration of his term until his successor has qualified, but not to exceed one year. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–108, title II, § 209(e), Apr. 6, 2022, 136 Stat. 1152, provided that: ‘‘This section [amending this sec- tion, section 504 of this title, and former section 8G of Pub. L. 95–452 (see section 415 of Title 5, Government Organization and Employees), and enacting provisions set out as a note under section 415 of Title 5] and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act [Apr. 6, 2022].’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–435, title V, § 501(a)(2), Dec. 20, 2006, 120 Stat. 3232, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall not affect the appointment or tenure of any person serving as a Governor of the United States Postal Service under an appointment made before the date of enactment of this Act [Dec. 20, 2006][;] however, when any such office be- comes vacant, the appointment of any person to fill that office shall be made in accordance with such amendment. The requirement set forth in the fourth sentence of section 202(a)(1) of title 39, United States Code (as amended by subsection (a)) shall be met begin- ning not later than 9 years after the date of enactment of this Act [Dec. 20, 2006].’’ Pub. L. 109–435, title V, § 501(c)(2), Dec. 20, 2006, 120 Stat. 3233, provided that: ‘‘(A) CONTINUATION BY INCUMBENTS.—The amendment made by paragraph (1) [amending this section] shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of en- actment of this Act [Dec. 20, 2006] and such person may continue to serve the remainder of the applicable term. ‘‘(B) VACANCY BY INCUMBENT BEFORE 7 YEARS OF SERV- ICE.—If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] resigns, is removed, or dies be- fore the expiration of the 9-year term of that Governor, and that Governor has served less than 7 years of that term, the resulting vacancy in office shall be treated as a vacancy in a 7-year term. ‘‘(C) VACANCY BY INCUMBENT AFTER 7 YEARS OF SERV- ICE.—If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] resigns, is removed, or dies be- fore the expiration of the 9-year term of that Governor, and that Governor has served 7 years or more of that term, that term shall be deemed to have been a 7-year term beginning on its commencement date for purposes of determining vacancies in office. Any appointment to the vacant office shall be for a 7-year term beginning at the end of the original 9-year term determined without regard to the deeming under the preceding sentence. Nothing in this subparagraph shall be construed to af- fect any action or authority of any Governor or the Board of Governors during any portion of a 9-year term deemed to be a 7-year term under this subparagraph.’’ Pub. L. 109–435, title V, § 501(d)(2), Dec. 20, 2006, 120 Stat. 3233, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of enactment of this Act [Dec. 20, 2006] with respect to the term which that person is serving on that date. Such person may continue to serve the remainder of the applicable term, after which the amendments made by paragraph (1) shall apply.’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 644(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–366, pro- vided that: ‘‘Subsection (a) [amending this section] shall take effect at the beginning of the next applicable pay period beginning after the date of the enactment of this Act [Sept. 30, 1996].’’ EFFECTIVE DATE Section effective Aug. 12, 1970, see section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. SAVINGS PROVISION Payment to Governors of Board of Governors of Post- al Service of $300 a day for not more than 60 days of meetings in each of first 2 years following effective date of this section [see Effective Date note set out above], notwithstanding this section, see section 5(g) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 203. Postmaster General; Deputy Postmaster General The chief executive officer of the Postal Serv- ice is the Postmaster General appointed under