dreamproit/uscode huggingface dataset:
39 U.S.C. § 502 (POSTAL SERVICE)
§ 502. Commissioners
(a) The Postal Regulatory Commission is composed 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 qualifications, professional standing, and demonstrated expertise in economics, accounting, law, or public administration, and may be removed by the President only for cause. Each individual appointed to the Commission shall have the qualifications and expertise necessary to carry out the enhanced responsibilities accorded Commissioners under the Postal Accountability and Enhancement Act. Not more than 3 of the Commissioners may be adherents of the same political party.
(b) No Commissioner shall be financially interested 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 successor has qualified, except that a Commissioner may not so continue to serve for more than 1 year after the date upon which his term otherwise would expire under subsection (f).
(d) One of the Commissioners shall be designated 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.)
heading: Editorial Notes
heading: References in Text
text: The Postal Accountability and Enhancement Act, referred 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section not to affect the appointment or tenure of any person serving as a Commissioner on the Postal 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 accordance 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.
39 U.S.C. § 503 (POSTAL SERVICE)
§ 503. Rules; regulations; procedures
The Postal Regulatory Commission shall promulgate rules and regulations and establish procedures, 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 obligations 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.)
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–435, § 1010(c)(1), substituted “this title” for “this chapter”.
Pub. L. 109–435, § 604(a), substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Pub. L. 109–435, § 601(a)(3), renumbered section 3603 of this title as this section.
39 U.S.C. § 601 (POSTAL SERVICE)
§ 601. Letters carried out of the mail
(a) A letter may be carried out of the mails when—
(1) it is enclosed in an envelope;
(2) the amount of postage which would have been charged on the letter if it had been sent by mail is paid by stamps, or postage meter stamps, on the envelope;
(3) the envelope is properly addressed;
(4) the envelope is so sealed that the letter cannot be taken from it without defacing the envelope;
(5) any stamps on the envelope are canceled in ink by the sender; and
(6) the date of the letter, of its transmission or receipt by the carrier is endorsed on the envelope in ink.
(b) A letter may also be carried out of the mails when—
(1) the amount paid for the private carriage of the letter is at least the amount equal to 6 times the rate then currently charged for the 1st ounce of a single-piece first class letter;
(2) the letter weighs at least 12½ ounces; or
(3) such carriage is within the scope of services described by regulations of the United States Postal Service (including, in particular, sections 310.1 and 320.2–320.8 of title 39 of the Code of Federal Regulations, as in effect on July 1, 2005) that purport to permit private carriage by suspension of the operation of this section (as then in effect).
(c) Any regulations necessary to carry out this section shall be promulgated by the Postal Regulatory Commission.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 727; Pub. L. 109–435, title V, § 503(a), Dec. 20, 2006, 120 Stat. 3234.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsecs. (b), (c). Pub. L. 109–435 added subsecs. (b) and (c) and struck out former subsec. (b) which read as follows: “The Postal Service may suspend the operation of any part of this section upon any mail route where the public interest requires the suspension.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2006 Amendment
text: Pub. L. 109–435, title V, § 503(b), Dec. 20, 2006, 120 Stat. 3235, provided that: “This section [amending this section] shall take effect on the date as of which the regulations promulgated under section 3633 of title 39, United States Code (as amended by section 202) take effect [Dec. 10, 2007, 72 F.R. 63662, 64155].”
heading: Effective Date
text: 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.
heading: Study of Private Carriage of Mail: Reports to President and Congress
text: Pub. L. 91–375, § 7, Aug. 12, 1970, 84 Stat. 783, required the Board of Governors of the United States Postal Service to make a study of the restrictions on the private carriage of letters and packets and to submit a report and recommendations for modernization to the President and to the Congress within 2 years after the effective date of this section.
Provisions of section 7 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 section 101 of this title.
39 U.S.C. § 602 (POSTAL SERVICE)
§ 602. Foreign letters out of the mails
(a) Except as provided in section 601 of this title, the master of a vessel departing from the United States for foreign ports may not receive on board or transport any letter which originated in the United States that—
(1) has not been regularly received from a United States post office; or
(2) does not relate to the cargo of the vessel.
(b) The officer of the port empowered to grant clearances shall require from the master of such a vessel, as a condition of clearance, an oath that he does not have under his care or control, and will not receive or transport, any letter contrary to the provisions of this section.
(c) Except as provided in section 1699 of title 18, the master of a vessel arriving at a port of the United States carrying letters not regularly in the mails shall deposit them in the post office at the port of arrival.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 727.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 603 (POSTAL SERVICE)
§ 603. Searches authorized
The Postal Service may authorize any officer or employee of the Postal Service to make searches for mail matter transported in violation of law. When the authorized officer has reason to believe that mailable matter transported contrary to law may be found therein, he may open and search any—
(1) vehicle passing, or having lately passed, from a place at which there is a post office of the United States;
(2) article being, or having lately been, in the vehicle; or
(3) store or office, other than a dwelling house, used or occupied by a common carrier or transportation company, in which an article may be contained.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 727.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 604 (POSTAL SERVICE)
§ 604. Seizing and detaining letters
An officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputy, may seize at any time, letters and bags, packets, or parcels containing letters which are being carried contrary to law on board any vessel or on any post road. The officer or employee who makes the seizure shall convey the articles seized to the nearest post office, or, by direction of the Postal Service or the Secretary of the Treasury, he may detain them until 2 months after the final determination of all suits and proceedings which may be brought within 6 months after the seizure against any person for sending or carrying the letters.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 728.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 605 (POSTAL SERVICE)
§ 605. Searching vessels for letters
An officer or employee of the Postal Service performing duties related to the inspection of postal matters, when instructed by the Postal Service to make examinations and seizures, and any customs officer without special instructions shall search vessels for letters which may be on board, or which may have been conveyed contrary to law.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 728.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 606 (POSTAL SERVICE)
§ 606. Disposition of seized mail
Every package or parcel seized by an officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputies, in which a letter is unlawfully concealed, shall be forfeited to the United States. The same proceedings may be used to enforce forfeitures as are authorized in respect of goods, wares, and merchandise forfeited for violation of the revenue laws. Laws for the benefit and protection of customs officers making seizures for violating revenue laws apply to officers and employees making seizures for violating the postal laws.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 728.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1006 (POSTAL SERVICE)
§ 1006. Right of transfer
Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any other position in the Postal Service or the executive branch of the Government of the United States for which they are qualified. The authority given by this section shall be used to provide a maximum degree of career promotion opportunities for officers and employees and to insure continued improvement of postal services.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1007 (POSTAL SERVICE)
§ 1007. Seniority for employees in rural service
Subject to agreements made under chapter 12 of this title, the seniority of an employee of the Postal Service occupying a position whose regular duty involves the collection and delivery of mail on a rural route shall be preserved. Seniority for such employee shall commence on the first day of his service in such a position, or, in the event such an employee transfers to another such position, on the day he enters duty in the other position. Upon initial assignment, such an employee shall be assigned to the least desirable route and shall attain assignment to more desirable routes by seniority. Promotions and assignments for such an employee in such position shall be based on seniority and ability. If ability be sufficient, seniority shall govern.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1008 (POSTAL SERVICE)
§ 1008. Temporary employees or carriers
(a) A person temporarily employed to deliver mail is deemed an employee of the Postal Service and is subject to the provisions of chapter 83 of title 18 to the same extent as other employees of the Postal Service.
(b) Any person, when engaged in carrying mail under contract with the Postal Service, or employed by the Postal Service, is deemed a carrier or person entrusted with the mail and having custody thereof, within the meaning of sections 1701, 1708, and 2114 of title 18.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 732.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1009 (POSTAL SERVICE)
§ 1009. Personnel not to receive fees
An officer or employee of the Postal Service may not receive any fee or perquisite from a patron of the Postal Service on account of the duties performed by virtue of his appointment, except as authorized by law.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1010 (POSTAL SERVICE)
§ 1010. Administration of oaths related to postal inspection matters
Officers and employees of the Postal Service performing duties related to the inspection of postal matters may administer oaths required or authorized by law or regulation with respect to any matter coming before them in the performance of their official duties.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1011 (POSTAL SERVICE)
§ 1011. Oath of office
Before entering upon their duties and before receiving any salary, all officers and employees of the Postal Service shall take and subscribe the following oath or affirmation:
“I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.”
A person authorized to administer oaths by the laws of the United States, including section 2903 of title 5, or of a State or territory, or an officer, civil or military, holding a commission under the United States, or any officer or employee of the Postal Service designated by the Board may administer and certify the oath or affirmation.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1202 (POSTAL SERVICE)
§ 1202. Bargaining units
The National Labor Relations Board shall decide in each case the unit appropriate for collective bargaining in the Postal Service. The National Labor Relations Board shall not include in any bargaining unit—
(1) any management official or supervisor;
(2) any employee engaged in personnel work in other than a purely nonconfidential clerical capacity;
(3) both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or
(4) together with other employees, any individual employed as a security guard to enforce against employees and other persons, rules to protect property of the Postal Service or to protect the safety of property, mail, or persons on the premises of the Postal Service; but no labor organization shall be certified as the representative of employees in a bargaining unit of security guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 733.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1203 (POSTAL SERVICE)
§ 1203. Recognition of labor organizations
(a) The Postal Service shall accord exclusive recognition to a labor organization when the organization has been selected by a majority of the employees in an appropriate unit as their representative.
(b) Agreements and supplements in effect on the date of enactment of this section covering employees in the former Post Office Department shall continue to be recognized by the Postal Service until altered or amended pursuant to law.
(c) When a petition has been filed, in accordance with such regulations as may be prescribed by the National Labor Relations Board—
(1) by an employee, a group of employees, or any labor organization acting in their behalf, alleging that (A) a substantial number of employees wish to be represented for collective bargaining by a labor organization and that the Postal Service declines to recognize such labor organization as the representative; or (B) the labor organization which has been certified or is being currently recognized by the Postal Service as the bargaining representative is no longer a representative; or
(2) by the Postal Service, alleging that one or more labor organizations has presented to it a claim to be recognized as the representative;
the National Labor Relations Board shall investigate such petition and, if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the National Labor Relations Board, who shall not make any recommendations with respect thereto. If the National Labor Relations Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof.
(d) A petition filed under subsection (c)(1) of this section shall be accompanied by a statement signed by at least 30 percent of the employees in the appropriate unit stating that they desire that an election be conducted for either of the purposes set forth in such subsection.
(e) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the National Labor Relations Board.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 734.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (b), means the date of enactment of Pub. L. 91–375, which was approved Aug. 12, 1970.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1204 (POSTAL SERVICE)
§ 1204. Elections
(a) All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or “no union”.
(b) In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote, additional runoff elections shall be conducted until one of the choices has received a majority of the votes.
(c) No election shall be held in any bargaining unit within which, in the preceding 12-month period, a valid election has been held.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
39 U.S.C. § 1205 (POSTAL SERVICE)
§ 1205. Deductions of dues
(a) When a labor organization holds exclusive recognition, or when an organization of personnel not subject to collective-bargaining agreements has consultation rights under section 1004 of this title, the Postal Service shall deduct the regular and periodic dues of the organization from the pay of all members of the organization in the unit of recognition if the Post Office Department or the Postal Service has received from each employee, on whose account such deductions are made, a written assignment which shall be irrevocable for a period of not more than one year.
(b) Any agreement in effect immediately prior to the date of enactment of the Postal Reorganization Act between the Post Office Department and any organization of postal employees which provides for deduction by the Department of the regular and periodic dues of the organization from the pay of its members, shall continue in full force and effect and the obligation for such deductions shall be assumed by the Postal Service. No such deduction shall be made from the pay of any employee except on his written assignment, which shall be irrevocable for a period of not more than one year.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of the Postal Reorganization Act, referred to in subsec. (b), means the date of enactment of Pub. L. 91–375, which was approved Aug. 12, 1970.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.