§ 1002. — Political recommendations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC1002]
TITLE 39--POSTAL SERVICE
PART II--PERSONNEL
CHAPTER 10--EMPLOYMENT WITHIN THE POSTAL SERVICE
Sec. 1002. Political recommendations
(a) 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 Rate 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--
(1) any Member of the Senate or House of Representatives
(including the Resident Commissioner from Puerto Rico);
(2) 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;
(3) 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
(4) any other individual or organization.
(b) 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--
(1) shall not solicit, request, consider, or accept any such
recommendation or statement; and
(2) 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.
(c) 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.
(d) 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.
(e) 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--
(1) 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;
(2) the statement relates solely to the character and residence
of such person;
(3) 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
(4) 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.
(f) 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.
(g) 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.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 729; Pub. L. 95-454, title VII,
Sec. 703(c)(5), Oct. 13, 1978, 92 Stat. 1217.)
Amendments
1978--Subsec. (g). Pub. L. 95-454 substituted ``section 7211'' for
``section 7102''.
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.
