U.S. Code » Title 39 » Part PART I— GENERAL › Chapter CHAPTER 2— ORGANIZATION

39 U.S.C. § 202

Board of Governors

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 39 CasesGoogle Scholar
(a)(1) The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 11 members appointed in accordance with this section. Nine of the members, to be known as Governors, shall be appointed 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 Governors shall represent the public interest generally, and shall be chosen solely on the basis of their experience in the field of public service, law or accounting or on their demonstrated ability in managing organizations or corporations (in either the public or private 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. 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 attending 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 Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, 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 remove 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 Governors.(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 demonstrated ability in accounting, auditing, financial 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, 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 NotesAmendments

2022—Subsec. (e)(1). Pub. L. 117–108, § 209(b)(1), substituted “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), designated existing provisions as par. (1) and substituted “The Governors shall represent the public interest generally, and shall be chosen solely on the basis of their experience in the field of public service, law or accounting or on their demonstrated ability in managing organizations or corporations (in either the public or private 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 representatives of specific interests using the Postal Service, 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 existing 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 reflect 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 SubsidiariesEffective Date of 2022 Amendment

Pub. L. 117–108, title II, § 209(e), Apr. 6, 2022, 136 Stat. 1152, provided that: “This section [amending this section, 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 becomes 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 beginning 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 enactment 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 service.—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 before 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 service.—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 before 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 affect 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, provided 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 Postal 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.

Notes of Decisions
Cited in 40 cases (2 in the last 5 years), 1971–2026 · leading case: Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991).
Sort: Relevance Newest Treatment
Bernard L. Silver, Cartwright-Mitchell, Inc., a Delaware Corp. v. United States Postal Serv., 951 F.2d 1033 (9th Cir. 1991). · cites it 15× “39 U.S.C. § 202 (a). The governors are appointed to staggered nine year terms and no more than five governors may adhere to the same political party.”
Friedlander v. United States Postal Serv., 658 F. Supp. 95 (D.D.C. 1987). · cites it 11× “39 U.S.C. § 202 (a). Nine of the members, known as Governors, are appointed by the President, with the advice and consent of the Senate, for staggered nine year terms.”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). · cites it 2× “” 39 U. S. C. §202 “[The] Commissioner may be removed from Social Security office only pursuant to a finding by the 20 Administration President of neglect of duty or malfeasance in office.”
Nat'l Ass'n of Greeting Card Publishers v. United States Postal Serv., 569 F.2d 570 (D.C. Cir. 1976). · cites it 3× “39 U.S.C. § 202 . . 39 U.S.C. § 102 . For instance, the power to submit to the Commission a request for a recommended decision on changes in postal rates and fees is entrusted to the Postal Service and hence, under the terms of the Act, to the Board as the body which directs the…”
Paul N. Carlin v. John R. McKean Individually & as a Member of the Bd. of Governors of the U.S. Postal Serv., 823 F.2d 620 (D.C. Cir. 1987). · cites it 3× “” 39 U.S.C. § 202 (a) (1982). Nine of the members are simply “Governors,” who are appointed by the President subject to the advice and consent of the Senate.”
Swan v. Clinton, 100 F.3d 973 (D.C. Cir. 1996). “§ 2053 (b)(2); 39 U.S.C. § 202 (b); 42 U.S.C. § 7171 (b)(1); 42 U.”
United Parcel Serv., Inc., a New York Corp., & United Parcel Serv., Inc., & Ohio Corp. v. United States Postal Serv., 604 F.2d 1370 (3rd Cir. 1979). · cites it 2× “The Postal Service is governed by a Board of Governors, 39 U.S.C. § 202 , which pursuant to 39 U.”
Newspaper Assoc. of Am. v. Postal Regulatory Comm'n, 734 F.3d 1208 (D.C. Cir. 2013). · cites it 2× “While the Board exercises the general “power of the Postal Service,” 4 39 U.S.C. § 202 (a)(1), only the Governors are specifically authorized to “establish .”
Corus Grp. PLC v. Bush, 217 F. Supp. 2d 1347 (Ct. Intl. Trade 2002). “9 1994) (construing the appointment provision of the Postal Reorganization Act of 1970, as codified in 39 U.S.C. § 202 (b), to read the same). Defendants argue that the Act establishes that the end of one Commissioner’s term necessarily creates a “vacancy.”
United States v. Am. Tel. & Tel. Co., 461 F. Supp. 1314 (D.D.C. 1978). “The Service is directed by a board of governors whose members serve staggered nine-year terms and may be removed only for cause ( 39 U.S.C. § 202 ); it has an independent financial structure; it has the statutory power “to sue and be sued in its official name” ( 39 U.”
MacKie v. Clinton, 827 F. Supp. 56 (D.D.C. 1993). · cites it 2× “On that date, Crocker Nevin occupied that position as a holdover following the December 8, 1992 expiration of the 9-year term to which he had been nominated by President Reagan and confirmed by the Senate on the authority of 39 U.S.C. § 202 (b), which continued him in office…”
Wilkinson v. Legal Servs. Corp., 865 F. Supp. 891 (D.D.C. 1994). · cites it 2× “§ 2996 (no limit to term of holdover) with 39 U.S.C. § 202 (b) (term of a holdover “not to exceed one year”).”
Show all 40 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.