Page:United States Statutes at Large Volume 90 Part 1.djvu/1355

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-421—SEPT. 24, 1976 Commission is composed of 5 Commissioners, appointed by the President, by and with the advice and concent of the Senate. The Commissioners shall be chosen on the basis of their professional qualifications and may be removed by the President only for cause. Not more than 3 of the Commissioners may be adherents of the same political party. "(b) 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 section 3602 of this title. "(c) One of the Commissioners shall be designated as Chairman by, and shall serve in the position of Chairman at the pleasure of, the President. "(d) 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.". (b) The provisions of section 3601(a) of title 39, United States Code, as amended by subsection (a) of this section, shall not apply with respect to any Commissioner of the Postal Rate Commission holding office on the date of the enactment of this Act, except that such provisions shall apply to any appointment of such a Commissioner occurring after the date of the enactment of this Act. SEC. 4. Section 3604 of title 39, United States Code, is amended to read as follows: "§3604. Administration "(a) The Chairman of the Postal Eate 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.

90 STAT. 1305

Term, 39 USC 3602.

39 USC 3601 "ote.

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39 USC 1001 et •se^, 1201 et seq. Budget, submittal ^^ Commission,