PART I-GENERAL

CHAPTER 1-POSTAL POLICY AND

DEFINITIONS

§ 101. Postal policy

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-241, §1, Sept. 28, 1998, 112 Stat. 1572, provided that: "This Act [enacting section 415 of this title and amending sections 404 and 3622 of this title, section 7902 of Title 5, Government Organization and Employees, and sections 652 and 668 of Title 29, Labor] may be cited as the 'Postal Employees Safety Enhancement Act'."

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-41, §1, Aug. 13, 1997, 111 Stat. 1119, provided that: "This Act [enacting section 414 of this title and provisions set out as a note under section 414 of this title] may be cited as the 'Stamp Out Breast Cancer Act'."

§ 102. Definitions

As used in this title

[See main edition for text of (1)]

un

(2) "Board of Governors", and "Board", less the context otherwise requires, mean the Board of Governors established under section 202 of this title;

(3) "Governors" means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title; and

(4) "Inspector General" means the Inspector General appointed under section 202(e) of this title.

(As amended Pub. L. 104-208, div. A, title I, § 101(f) [title VI, §662(a)(2)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-379.)

§201. United States Postal Service

INSPECTOR GENERAL OF THE UNITED STATES POSTAL SERVICE

Pub. L. 104-208, div. A. title I. §101(f) [title VI, § 662(e)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-382, provided that:

"(1) FIRST APPOINTMENT.-The first Inspector General of the United States Postal Service appointed pursuant to the amendments made by this section [amending sections 102, 202, 204, 410, and 1003 of this title, section 5315 of Title 5, Government Organization and Employees, and section 8G of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, and renumbering another section 8G of the Inspector General Act of 1978 as 8H] shall be appointed before the end of the 90-day period beginning on the date of the enactment of this Act [Sept. 30, 1996].

"(2) TRANSFERS.—

"(A) IN GENERAL.-All measures described in section 8G(b) of the Inspector General Act of 1978 necessary to establish an Office of Inspector General within the United States Postal Service pursuant to this section, including all appropriate transfers, shall

occur

"(i) no earlier than the date the appointment under paragraph (1) is made; and

"(ii) no later than 60 days after the date the appointment under paragraph (1) is made. "(B) PROVISIONS RELATING TO PERSONNEL.

"(i) CONSULTATION.-Decisions concerning which personnel are to be transferred pursuant to subparagraph (A) shall be made by the Governors (within the meaning of section 102(3) of title 39, United States Code) in consultation with the Inspector General appointed under paragraph (1).

"(ii) TRANSFERRED PERSONNEL.-Personnel transferred pursuant to subparagraph (A) shall, to the extent not inconsistent with other provisions of this subsection, be transferred in accordance with applicable laws and regulations relating to the transfer of functions within the United States Postal Service, except that, notwithstanding any provision of section 1003(b) of title 39, United States Code, as amended by this section, the classification and compensation of such personnel shall not be reduced, by reason of having been transferred, for 1 year after being so transferred.

"(3) TRANSITION PROVISION.-The Chief Postal Inspector may continue to serve as Inspector General of the United States Postal Service until the date on which an Inspector General is appointed under paragraph (1) or, if earlier, the end of the period referred to in such paragraph. Compensation for any service under this paragraph shall be determined as if this section had not been enacted."

$202. Board of Governors

(a) 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 mem

bers, 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 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. 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.

[See main edition for text of (b) to (d)]

(e)(1) The Governors shall appoint 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, but only for cause. Nothing in this subsection shall be considered to exempt the Governors from the requirements of section 8G(e) of the Inspector General Act of 1978.

(As amended 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.)

REFERENCES IN TEXT

Section 8G of the Inspector General Act of 1978, referred to in subsec. (e), is section 8G of Pub. L. 95-452, which is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

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).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(f) [title VI, § 644(b)] of Pub. L. 104-208 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]."

§ 204. General Counsel; Judicial Officer, Chief Postal Inspector

There shall be within the Postal Service a General Counsel, such number of Assistant Postmasters General as the Board shall consider appropriate, a Judicial Officer, and a Chief Postal Inspector. The General Counsel, the Assistant Postmasters General, the Judicial Officer, and the Chief Postal Inspector shall be appointed by, and serve at the pleasure of, the Postmaster General. The Judicial Officer shall perform such

quasi-judicial duties, not inconsistent with chapter 36 of this title, as the Postmaster General may designate. The Judicial Officer shall be the agency for the purposes of the requirements of chapter 5 of title 5, to the extent that functions are delegated to him by the Postmaster General. The Chief Postal Inspector shall report to, and be under the general supervision of, the Postmaster General. The Postmaster General shall promptly notify the Governors and both Houses of Congress in writing if he or she removes the Chief Postal Inspector or transfers the Chief Postal Inspector to another position or location within the Postal Service, and shall inIclude in any such notification the reasons for the removal or transfer.

(As amended Pub. L. 104-208, div. A, title I, § 101(f) [title VI, §662(f)(2)(A)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-382.)

AMENDMENTS

1996-Pub. L. 104-208, §101(f) [title VI, § 662(f)(2)(A)(i)], in section catchline substituted "General Counsel; Judicial Officer; Chief Postal Inspector" for "Assistant Postmasters General; General Counsel; Judicial Officer".

Pub. L. 104-208, §101(f) [title VI, §662(f)(2)(A)(ii)(iv)], substituted "a Judicial Officer, and a Chief Postal Inspector." for "and a Judicial Officer." and "the Judicial Officer, and the Chief Postal Inspector" for "and the Judicial Officer", and inserted at end "The Chief Postal Inspector shall report to, and be under the general supervision of, the Postmaster General. The Postmaster General shall promptly notify the Governors and both Houses of Congress in writing if he or she removes the Chief Postal Inspector or transfers the Chief Postal Inspector to another position or location within the Postal Service, and shall include in any such notification the reasons for the removal or transfer."

CONTINUATION OF MAIL DELIVERY SERVICES Provisions requiring continuation of six-day delivery and rural delivery of mail at not less than the 1983 level were contained in the following appropriations acts: Pub. L. 106-58, title II, Sept. 29, 1999, 113 Stat. 444. Pub. L. 105-277, div. A, § 101(h) [title II], Oct. 21, 1998, 112 Stat. 2681-480, 2681-492.

Pub. L. 105-61, title II, Oct. 10, 1997, 111 Stat. 1290. Pub. L. 104-208, div. A, title I, §101(f) [title II], Sept. 30, 1996, 110 Stat. 3009-314, 3009-326.

Pub. L. 104-52, title II, Nov. 19, 1995, 109 Stat. 476. § 404. Specific powers

[See main edition for text of (a)]

(b) [See main edition for text of (1)]

(2) The Postal Service, in making a determination whether or not to close or consolidate a post office

(A) shall consider

(i) the effect of such closing or consolidation on the community served by such post office;

(ii) the effect of such closing or consolidation on employees of the Postal Service employed at such office;

(iii) whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not selfsustaining;

(iv) the economic savings to the Postal Service resulting from such closing or consolidation; and

(v) such other factors as the Postal Service determines are necessary; and

(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

[See main edition for text of (3) to (5)] (As amended Pub. L. 105-241, §3, Sept. 28, 1998, 112 Stat. 1572.)

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in subsec. (b)(2)(B), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.

AMENDMENTS

1998 Subsec. (b)(2). Pub. L. 105-241 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Postal Service, in making a determination whether or not to close or consolidate a post office, shall consider

"(A) the effect of such closing or consolidation on the community served by such post office;

"(B) the effect of such closing or consolidation on employees of the Postal Service employed at such office;

"(C) whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining;

"(D) the economic savings to the Postal Service resulting from such closing or consolidation; and

"(E) such other factors as the Postal Service determines are necessary."

tiate and conclude treaties, conventions and amendments referred to in paragraph (1).

(b)(1) Subject to subsections (a), (c), and (d), the Postal Service may, with the consent of the President, negotiate and conclude postal treaties and conventions.

(2) The Postal Service may, with the consent of the President, establish rates of postage or other charges on mail matter conveyed between the United States and other countries.

(3) The Postal Service shall transmit a copy of each postal treaty or convention concluded with other governments under the authority of this subsection to the Secretary of State, who shall furnish a copy to the Public Printer for publication.

(c) The Postal Service shall not conclude any treaty or convention under the authority of this section or any other arrangement related to the delivery of international postal services that is inconsistent with any policy developed pursuant to subsection (a).

(d) In carrying out their responsibilities under this section, the Secretary and the Postal Service shall consult with such federal2 agencies as the Secretary or the Postal Service considers appropriate, private providers of international postal services, users of international postal services, the general public, and such other persons as the Secretary or the Postal Service considers appropriate.

(As amended Pub. L. 105-277, div. A, § 101(h) [title VI, § 633(a)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-523.)

AMENDMENTS

1998-Pub. L. 105-277 substituted "International Postal Arrangements" for "International postal arrangements" in section catchline and amended text generally. Prior to amendment, text read as follows:

"(a) The Postal Service, with the consent of the President, may negotiate and conclude postal treaties or conventions, and may establish the rates of postage or other charges on mail matter conveyed between the United States and other countries. The decisions of the Postal Service construing or interpreting the provisions of any treaty or convention which has been or may be negotiated and concluded shall, if approved by the President, be conclusive upon all officers of the Government of the United States.

"(b) The Postal Service shall transmit a copy of each postal convention concluded with other governments to the Secretary of State, who shall furnish a copy of the same to the Public Printer for publication."

TRANSFER OF FUNDS TO STATE DEPARTMENT Pub. L. 105-277, § 101(h) [title VI, § 633(d)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-524, provided that: "In fiscal year 1999 and each fiscal year hereafter, the Postal Service shall allocate to the Department of State from any funds available to the Postal Service such sums as may be reasonable, documented and auditable for the Department of State to carry out the activities of Section 407 of title 39 of the United States Code."

DELEGATION OF AUTHORITY Memorandum of President of the United States, Dec. 15, 1994, 59 F.R. 65471, provided:

[See main edition for text]

[UPS Worldwide Forwarding v. United States Postal Service, 853 F. Supp. 800, D.C. Del., 1994, reversed 66 F.3d 621 (3rd Cir. 1995), cert. denied, 516 U.S. 1171 (1996)]

2 So in original. Probably should be capitalized.

$409. Suits by and against the Postal Service

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3007, 3012 of this title.

§ 410. Application of other laws

[See main edition for text of (a)]

(b) The following provisions shall apply to the Postal Service:

[See main edition for text of (1) to (8)]

(9) chapter 39 of title 31;

(10) the Inspector General Act of 1978; and [See main edition for text of (11); (c) and (d)] (As amended Pub. L. 104-208, div. A, title I, § 101(f) [title VI, §662(f)(1)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-382.)

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106-65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664.

The Inspector General Act of 1978, referred to in subsec. (b)(10), is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1996 Subsec. (b)(9). Pub. L. 104-208, §101(f) [title VI, § 662(f)(1)(A)], struck out "and" at end.

Subsec. (b)(10). Pub. L. 104-208, §101(f) [title VI. § 662(f)(1)(B)], substituted "(10) the Inspector General Act of 1978; and" for "the provisions of section 8F of the Inspector General Act of 1978."

§ 414. Special postage stamps

(a) In order to afford the public a convenient way to contribute to funding for breast cancer research, the Postal Service shall establish a special rate of postage for first-class mail under this section.

(b) The rate of postage established under this section

(1) shall be equal to the regular first-class rate of postage, plus a differential of not to exceed 25 percent;

(2) shall be set by the Governors in accordance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under chapter 36); and

(3) shall be offered as an alternative to the regular first-class rate of postage.

The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons.

(c)(1) of the amounts becoming available for breast cancer research pursuant to this section, the Postal Service shall pay

(A) 70 percent to the National Institutes of Health; and

(B) the remainder to the Department of Defense.

Payments under this paragraph to an agency shall be made under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year.

(2) For purposes of this section, the term "amounts becoming available for breast cancer research pursuant to this section" means

(A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by

(B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section,

as determined by the Postal Service under regulations that it shall prescribe.

(d) It is the sense of the Congress that nothing in this section should

(1) directly or indirectly cause a net decrease in total funds received by the National Institutes of Health, the Department of Defense, or any other agency of the Government (or any component or program thereof) below the level that would otherwise have been received but for the enactment of this section;

or

(2) affect regular first-class rates of postage or any other regular rates of postage.

(e) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of the enactment of this section.

(f) The Postmaster General shall include in each report rendered under section 2402 with respect to any period during any portion of which this section is in effect information concerning the operation of this section, except that, at a minimum, each shall include

(1) the total amount described in subsection (c)(2)(A) which was received by the Postal Service during the period covered by such report; and

(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(2)(B).

(g) This section shall cease to be effective at the end of the 2-year period beginning on the date on which special postage stamps under this section are first made available to the public. (Added Pub. L. 105-41, §2(a), Aug. 13, 1997, 111 Stat. 1119.)

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105-41, which was approved Aug. 13, 1997.

REPORT BY COMPTROLLER GENERAL OF UNITED STATES

Section 2(b) of Pub. L. 105-41 provided that: "No later than 3 months (but no earlier than 6 months) before the end of the 2-year period referred to in section 414(g) of title 39, United States Code (as amended by subsection (a)), the Comptroller General of the United States shall submit to the Congress a report on the operation of such section. Such report shall include

"(1) an evaluation of the effectiveness and the appropriateness of the authority provided by such section as a means of fund-raising; and

"(2) a description of the monetary and other resources required of the Postal Service in carrying out such section."