
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 39USC3604]

 
                        TITLE 39--POSTAL SERVICE
 
                          PART IV--MAIL MATTER
 
             CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES
 
                  SUBCHAPTER I--POSTAL RATE COMMISSION
 
Sec. 3604. Administration

    (a) The Chairman of the Postal Rate Commission shall be the 
principal executive officer of the Commission. The Chairman shall 
exercise or direct the exercise of all the executive and administrative 
functions of the Commission, including functions of the Commission with 
respect to (1) the appointment of personnel employed under the 
Commission, except that the appointment of heads of major administrative 
units under the Commission shall require the approval of a majority of 
the members of the Commission, (2) the supervision of the personnel 
employed under the Commission and the distribution of business among 
them and among the Commissioners, and (3) the use and expenditure of 
funds.
    (b) In carrying out any of his functions under this section, the 
Chairman shall be governed by the general policies of the Commission.
    (c) The Chairman may obtain such facilities and supplies as may be 
necessary to permit the Commission to carry out its functions. Any 
officer or employee appointed under this section shall be paid at rates 
of compensation and shall be entitled to programs offering employee 
benefits established under chapter 10 or chapter 12 of this title, as 
appropriate.
    (d)(1) The Commission shall periodically prepare and submit to the 
Postal Service a budget of the Commission's expenses, including, but not 
limited to, expenses for facilities, supplies, compensation, and 
employee benefits. The budget shall be considered approved--
        (A) as submitted if the Governors fail to act in accordance with 
    subparagraph (B) of this paragraph; or
        (B) as adjusted if the Governors holding office, by unanimous 
    written decision, adjust the total amount of money requested in the 
    budget.

Subparagraph (B) shall not be construed to authorize the Governors to 
adjust any item included within the budget.
    (2) Expenses incurred under any budget approved under paragraph (1) 
of this subsection shall be paid out of the Postal Service fund 
established under section 2003 of this title.
    (e) The provisions of section 410 and chapter 10 of this title shall 
apply to the Commission, as appropriate.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 759; Pub. L. 94-421, Sec. 4, 
Sept. 24, 1976, 90 Stat. 1305.)


                               Amendments

    1976--Subsec. (a). Pub. L. 94-421 increased the authority of the 
Chairman to the exercise of all executive and administrative functions, 
including appointment of personnel and control over use and expenditure 
of funds, and struck out requirement that all final acts of the 
Commissioners be by a vote of an absolute majority.
    Subsec. (b). Pub. L. 94-421 added subsec. (b). Former subsec. (b) 
redesignated (c) and amended.
    Subsec. (c). Pub. L. 94-421 redesignated former subsec. (b) as (c), 
transferred authority to obtain facilities and supplies from the 
Commission to the chairman, and struck out the authority of the 
Commission to appoint and fix compensation of officers and employees and 
requiring them to be responsible to the Commissioners. Former subsec. 
(c) redesignated (d).
    Subsecs. (d), (e). Pub. L. 94-421 redesignated former subsecs. (c) 
and (d) as (d) and (e), respectively, and in subsec. (d), as so 
redesignated, made minor changes in phraseology.

Ex. Ord. No. 11570. Regulation of Conduct for Postal Rate Commission and 
                              Its Employees

    Ex. Ord. No. 11570, Nov. 24, 1970, 35 F.R. 18183, as amended by Ex. 
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
    Under the Postal Reorganization Act (Public Law 91-375) [this 
title], the Postal Rate Commission (referred to hereafter as the 
``Commission'') is charged with the establishment and adjustment of fair 
and equitable rates of postage, fees for postal services, and 
classifications of mail. It is essential to public confidence in the 
United States Postal Service that the activities, procedures, decisions, 
and recommendations of the Commission be impartial and disinterested and 
free from taint or suspicion of favoritism of any kind whatsoever, both 
in fact and in appearance.
    NOW THEREFORE, by virtue of the authority vested in me by section 
301 of Title 3, and Section 7301 of Title 5, United States Code, and the 
Postal Reorganization Act [this title], it is hereby ordered as follows:
    Section 101. The Commission is subject to Executive Order No. 11222 
of May 8, 1965 [formerly set out as a note under section 201 of Title 
18, Crimes and Criminal Procedure], ``Prescribing Standards of Ethical 
Conduct for Government Officers and Employees,'' and Part 735 of the 
regulations of the Office of Personnel Management (5 CFR Part 735).
    Sec. 102. The Office of Personnel Management shall prepare initial 
standards of conduct regulations for the Commission. The regulations 
shall contain such provisions as will ensure that the Commissioners and 
employees of the Commission are fully guarded against involvement in 
conflicts of interest situations, or the appearance thereof, or other 
conduct that may lessen public confidence. The regulations shall include 
provision for:
    (a) concurrent filing of confidential statements of outside 
employment and financial interests by employees of the Commission with a 
designated official of the Commission and the Director of the Office of 
Personnel Management;
    (b) strict control of ex parte contacts with the Commission and the 
Commissioners or employees of the Commission regarding particular 
matters at issue in contested proceedings before the Commission. The 
control of such contacts shall include, but not be limited to, the 
maintenance of public records of such contacts which fully identify the 
individuals involved and the nature of the subject matter discussed; and
    (c) prohibition against the receipt of honoraria, travel expenses, 
entertainment, gifts, loans, favors, or anything of value by a 
Commissioner or employee of the Commission from an individual (other 
than one having a close family or personal relationship) or organization 
having, or likely to have, business with the Commission.
    Sec. 103. The Office of Personnel Management shall issue the initial 
standards of conduct regulations applicable to the Commission not later 
than 120 days after the effective date of this Order. Thereafter, the 
Office may from time to time amend the regulations, consistent with this 
Order. The regulations and any amendments thereto shall be published in 
the Federal Register.

                  Section Referred to in Other Sections

    This section is referred to in section 2003 of this title.
