§ 1002. Political recommendations

Statutory text

Except as provided in subsection (e) of this section, each appointment, promotion, assignment, transfer, or designation, interim or otherwise, 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 statement, oral or written, with respect to any person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, made by—

any Member of the Senate or House of Representatives (including the Resident Commissioner from Puerto Rico);

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 Commonwealth;

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

any other individual or organization.

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 transmitting to the Postal Service, or to any other officer or employee of the Government of the United States, any recommendation or statement, oral or written, with respect to any person 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—

shall not solicit, request, consider, or accept any such recommendation or statement; and

shall return any such written recommendation or statement received by him, appropriately marked as in violation of this section, to the person or organization making or transmitting the same.

A person who requests or is under consideration for any such appointment, promotion, assignment, transfer, or designation is prohibited from requesting or soliciting any such recommendation or statement from any person or organization except a statement of the type referred to in subsection (e)(2) of this section.

Each employment form of the Postal Service used in connection with any such appointment, promotion, assignment, transfer, or designation 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 section printed in boldface type shall be posted in the post office concerned.

The Postal Service or any authorized officer 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 statement with respect to a person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, if—

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 general qualifications of such person;

the statement relates solely to the character and residence of such person;

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 Government of the United States; or

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.

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.

The provisions of this section shall not affect the right of an officer or employee of the Postal Service to petition Congress as authorized by section 7211 of title 5.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1970
Postal Reorganization Act
Pub. L. 91–375 · 84 Stat. 719
Enacted · 39 U.S.C. § 1002
Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 729
Source evidence
Code source credit
Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 729
1978
Pub. L. 95–454 title VII § 703(c)(5) · 92 Stat. 1111
Substituted · 39 U.S.C. § 1002(g)
Pub. L. 95–454 substituted “section 7211” for “section 7102”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 95–454 substituted “section 7211” for “section 7102”.
Enacted provision · exact public law section
(5) Section 1002(g) of title 39, United States Code, is amended by striking out “section 7102 of title 5” and inserting in lieu thereof “section 7211 of title 5”.
Effective date note
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 Organization and Employees.
2006
Pub. L. 109–435 title VI § 604(a) · 120 Stat. 3198
Substituted · 39 U.S.C. § 1002(a)
Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
Enacted provision · exact public law section
(a) Amendments to Title 39, United States Code.— Title 39, United States Code, is amended in sections 404, 503 and 504 (as so redesignated by section 601), 1001 and 1002, by striking “Postal Rate Commission” each place it appears and inserting “Postal Regulatory Commission”;

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1978–2006 · 2 rounds

2006

Subsec. (a). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

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 Organization 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.

Credits

1970–2006 · 3 acts

1970Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 729
1978Pub. L. 95–454, title VII, § 703(c)(5), Oct. 13, 1978, 92 Stat. 1217
2006Pub. L. 109–435, title VI, § 604(a), Dec. 20, 2006, 120 Stat. 3241.

Show as published

(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.)