Title 39, United States Code

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Title:
Title 39, United States Code U.S. Postal Service
Physical Description:
viii, 89 p. : ; 24 cm.
Language:
English
Creator:
United States -- Congress. -- Senate. -- Committee on Post Office and Civil Service
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

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Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
prepared by the Committee on Post Office and Civil Service, United States Senate.
General Note:
At head of title: 94th Congress, 2d session. Committee print. on. 3.
General Note:
Issued Dec. 31, 1976.
General Note:
Reuse of record except for individual research requires license from Congressional Information Service, Inc.
General Note:
CIS Microfiche Accession Numbers: CIS 77 S622-3
General Note:
Reuse of record except for individual research requires license from LexisNexis Academic & Library Solutions.
General Note:
"December 31, 1976."

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 022451277
oclc - 02781541X
Classification:
lcc - KF49
System ID:
AA00024033:00001

Full Text




94th Congress COMMITTEE PRINT NO. 3 2d Session







TITLE 39, UNITED STATES, CODE,,
US. POSTAL SERVt m,




PREPARED BY THE

COMMITTEE ON
POST OFFICE AND CIVIL SERVICE
UNITED STATES SENATE










DECEMBER 31, 1976






Printed for the use of the
Committee on Post Office and Civil Service












94th Congress COMTEEPIT O
2d Session j OMTE RN O










TITLE 39, UNITED STATES CODE

U.S. POSTAL SERVICE






PREPARED BY THE

COMMITTEE ON

POST OFFICE AND CIVIL SERVICE

UNITED STATES SENATE














DECEMBER 31, 19763








Printed for the use of the
Committee on Post Office and Civil Service


U.S. GOVERNMENT PRINTING OFFICE 81-233 WASHINGTON : 1977




































COMMITTEE ON POST OFFICE AND CIVIL SERVICE GALE W. McGEE, Wyoming, Chairman JENNINGS RANDOLPH, West Virginia HIRAM L. FONG, IHawaii QUENTIN N. BURDICK, North Dakota TED STEVENS. Alaska ERNEST F. HOLLINGS, South Carolina HENRY BELLMON. Oklahoma FRANK E. MOSS, Utah PATRICK J. LEAHY, Vermont ROD CROWLIE, Staff Director

(I)























NOTE
This Commnittee Print No. 3 of title 39, United States Code, relates to the United States Postal Service and includes amendments made to that title through January 1, 1977. It replaces Committee Print No. and Replacement Set No. 2 (August 31, 1975).
Any section of this title 39 committee print which does not have a statutory reference at the end of it was enacted into law by section of the Postal Reorganization Act (Pub. L. 91-37 August 12, 1970, 84 Stat. 719). Any such section which has been amended, or any section of title 39 which was enacted by any other law, will have at the end of it a reference to any statute amending or adding that section.
(II!)
















TABLE OF CONTENTS


PART I-GENERAL

Chapter 1.-POSTAL POLICY AND DEFINITIONS
See.
101. Postal policy.
102. Definitions.
Chapter 2.-ORGANIZATION
201. United States Postal Service.
202. Board of Governors.
203. Postmaster General; Deputy Postmaster General.
204. Assistant Postmasters General; General Counsel; Judicial Officer.
205. Procedures of the Board of Governors.
206. Advisory Council.
207. Seal.
208. Reservation of powers.

Chapter 4.-GENERAL AUTHORITY
401. General powers of the Postal Service.
402. Delegation of authority.
403. General duties.
404.* Specific powers.
S405. Printing of illustrations of U.S. postage stamps.
406. Postal services at Armed Forces installations.
407. International postal a rrangements.
408. International money order exchanges.
409. 'Suits by and against the Postal Service.
410. Application of other laws.
411. Cooperation with other Government agencies.
412. 'Nondisclosure of lists of names and addresses.

Chapter 6.-PRIVATE CARRIAGE OF LETTERS
601. Letters carried out of the mail.
602. Forei-n letters out of the mails.
603. Searches authorized.
604. Seizing and detaining letters.
605. Searching vessels for letters.
606. Disposition of seized mail.

PART 11-PERSONNEL

Chapter 10.-EMPLOYMENT WITHIN THE POSTAL SERVICE
1001. Appointment and status.
1002. Political recommendations.
1003. Employment policy.
1004. Supervisory and other managerial organizations.
1005. Applicability of laws relating to Federal employees.
10.Right of transfer.
1007. Seniority for employees in rural service.
1008. Temporary employees or carriers.
1009. Personnel not to receive fees.
1010. Administration of oaths related to postal inspection matters.
1011. Oath of office.
(V)







VI

Chapter 1.E LYE MAA MNTAGREEMENTS

1202 Bagaiiingunlit.


1205. 1iduc ~o due. 12 li;. )1etiybarajijgagemns 1:201. 1ahl- (lisIp11ts.

1209. Applicability o)f Federal laho ws

P~ART III-MODERNIZATION AND FISCAL ADMINISTRATION

Chapter 20.-FINANCE

200)2. (Uipitt1 of the Po)stal Service. 20OW. The Postal Service Fund. 4. Transitional app ropriat ions. 2005. ()bl 1iga it ions:-.
2(,0(;. Relat ionship bet%\vedni the Treasury and the PostA IService. 2007. l'uldic debtl ('haracter of the oblige .ations of the 1~itlSrie "00S.K Aaidit and cxi oendi tures. 2009. Annal budge,,kt. 2010 Es.t rictionls on agreements.

Chapter 22.-CONVICT LABOR
2201. No IporA equipment or supplies manufactured by conivict labor.

Chapter 24.-APPROPRIATIONS AND ANNUAL REPORT
240)1. Appropriations.
2402. Annual report.
Chapter 26.-DEBTS AND COLLECTION
2601. Collection and adju'stment of debts.
2 f')02. Transportation of international mail by air carriers of the United States. 2tVY081. Settlement of claims for damages caused by the Postal Service. 2t 04. Delivery of stolen money to owner. 2605. Suits to recover wrongful or fraudulentlm ets

PART IV-MAIL MATTER

Chapter 30.-NONMAILABLE MATTER
'3001. Nonni, ilable matter. :100)2. Noinnailable motor vehicle master keys.
Al:1 ail bearing a fictitious name or address.
DWN elivery of mail to persons not presidents, of the placee of address. 2)05. False relpresentation-s; lotteries. 3001. Un'ilawful, matter. ,007. Detention, of mail for temporary periods. :'044. Prohibition of paindering advertisements .3o00. Mlailig of unordered merchandise. :80(10. 'Mailing of sexually oriented adlvertis,,einents. 8011. .ludiclial en1forcemlent.

Chapter 32.-PENALTY AND FRANKED MAIL
3201. IDefinaitions.
3202. Penalty mail. 32)03.P1(1 ,!n11irii sz oil ipetial ty covers.







VI'

, sec.
3204. Restrictions on use of penalty mail. 3205. Accounting for penalty covers. 3206. Reimbursement for penalty mail service. 3207. Limit of weight of penalty mail; postage on overweight matter. 3208. Shipment by most economical means. 3209. Executive departments to supply information. 3210. Franked mail transmitted by the Vice President, 'Memibers of Congress, and congressional officials. 3211. Public documents. 3212. Congressional Record under frank of Membe*rs of Congress. 3213. Seeds and reports from Department of Agriculture. 3214. Mailing privilege of former President; surviving spouse of former President. 3215. Lending or permitting use of frank unlawful. 3216. Reimbursement for franked mailings. 3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain.
3218. Franked mail for surviving spouses of Members of Congress. 3219. Mailgrams.

Chapter 34.-ARMED FORCES AND FREE POSTAGE
3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations.
3402. Mailing privileges of members of Armed Forces of the LUnited States and of friendly nations in the Canal Zone.
3403. Matter for blind and other handicapped persons. 3404. Unsealed letters sent by blind or physically handicapped persons. 3405. Markings.

Chapter 36.-POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I-POSTAL RATE COMMISSION
3601. Establishment. 3602. Terms of office. 3603. Rules: regulations; procedures. 3604. Administration.

SUBCHAPTER II-PERMNANENT RATES AND CLASSES OF MAIL
3621. Authority to fix rates and classes. 3622. Rates and fees. 3623. Mail classification. 3624. Recommended decisions of Commission. 3625. Action of the Governors. 3626. Reduced rates. 3627. Adjusting free and reduced rates. 3628. Appellate review.

SUBCHAPTER III-TEMPORARY RATES AND CLASSES
3641. Temporary changes in rates and classes.

SUBCHAPTER flT-POSTAL SERVICES AND COMPLAINTS
3661. Postal services. 3662. Rate and service complaints.
SUBCHAPTER V-GENERAL
3681. Reimbursement. 3682. Size and weight limits. 36&3. Uniform rates for books: films, other materials. 364. Limitations.
3685. Filing of information relating to) periodical publicatlons.







VIII

PART V-TRANSPORTATION OF MAIL

Chapter 50.-GENERAL

-1)01. Provisions for carrying mail.
5002. Transportation of mail of adjoining countries through the United States. 30A0:. Establishment of post roads. 30t1. l)iscontinuance of service on post roads. 300.>. Mail transportation. 5o0;. Lien oni compensation of contractor. .*)07. Free transportation of postal employees.

Chapter 52.-TRANSPORTATION OF MAIL BY SURFACE CARRIER
5201. Definitions.
5202. Applicability. )20:. Authorization of service by carrier. ,)2Q0. Changes in service; placement of equipment. 5205. Evidence of service. .200. Fines and deductions. 5207. Interstate Commerce Commission to fix rates. 20s. Procedures. 5209. Speial rates.4 )210. Intermodal transportation. 5211. Statistical studies. 5212. Special contracts. 5213. Carrier operations: receipts; expenditures. 5214. Agreements with passenger common carriers by motor vehicle. 5215. Star route certification.

Chapter 54.-TRANSPORTATION OF MAIL BY AIR
5401. Authorization. 102. Contracts for transportation of mail by air. 5403. Fines.
Chapter 56.-TRANSPORTATION OF MAIL BY VESSEL
5601. Sea post service. 5602. Termination of contracts for foreign transportation. 5603. Transportation of mail by vessel as freight or express. 504. Fines on ocean carriers. 5605. Contracts for transportation of mail by vessel.










TITLE 39-POSTAL SERVICE
PART SEC.
LGENERAL ------------------------------------------ 101
11. PERSONNEL -------------------------------------- 1001
III. MODERNIZATION AND FISCAL ADMINISTRATION --------------------------------------------- 2001
IV. MAIL MATTER ------------------------------------- 3001
V. TRANSPORTATION OF MAIL ---------------------- 5001

PART I-GENERAL
CHAPTER SEC.
1. Postal Policy and Definitions -------------------------- 101
2. Or organizationn ------------------------------------------- 201
4. General Authority ------------------------------------- 401
6. Private Carriage of Letters ---------------------------- 601
CHAPTER L-POSTAL POLICY AND DEFINITIONS
SEC.
101. Postal policy.
102. Definitions.
101. Postal policy
(a) The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Servce shall not be apportioned to impair the over,all value of such service to the people.
(b) 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-sustainii-ig. '_-o small post office shall be closed solely for operating at a deficit, it being the specific intent of the Conaress that effective postal services be insured to residents of both urban and rural communities.
(c) As an employer, the Postal Service shall achieve and maintain compensation for its officers, and employees comparable to the rates and types of compensation paid in the private sector of the economy of the United States. It shall place particular emphasis upon opportunities for career advancements of all officers and employees and the achievement of worthwhile and satisfying careers in the service of the United States.






(<1) l total rates shall be established to apport ion the costs of all postal operations to all users of the mail on a fair and equitable basis.
(e) In determining all policies for postal services. the I'ostal Service shall "ive the highest consideration to the requirement for the most expeditious collection, transportation, and delivery of important letter mail.
(f) In selecting modes of transportation, the Postal Service shall give highest consideration to the prompt and economical delivery of all mail and shall make a fair and equitable distribution of mail business to carriers providing similar modes of transportation services to the Postal Service. Modern methods of transporting mail by containerization and programs designed to achieve overnight transportation to the destination of important letter mail to all parts of the Nation shall be a primary goal of postal operations.
(g) In planning and building new postal facilities, the Postal Service shall emphasize the need for facilities and equipment designed to create desirable working conditions for its officers and employees, a maximum degree of convenience for efficient postal services, proper access to existing and future air and surface transportation facilities, and control of costs to the Postal Service. 102. Definitions
As used in this title(1) "Postal Service" means the United States Postal Service
established by section 201 of this title;
(2) "Board of Governors", and "Board", unless the context
otherwise requires, mean the Board of Governors established
under section 202 of this title; and
(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.










CHAPTER 2.-ORGANIZATION
S +c.
201. united St:ates Postal Service.
202. Board of Governors.
203. Postmaster General; Deputy Postmaster GeneraL 204. Assistant Postmasters General: General Counsel; Judicial Officer. 20"5. Procedures of the Board of Governors. 200. Advisory Council.
207. Seal.
208. Reservation of powers.
201. United States Postal Service
There is established, as an independent establishment of the executive branch of the Government of the United States, the United States Postal Service.
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 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 be chosen to represent the public interest generally, and shall not be representatives of specific interests using the Postal Service. and may he removed only for cause. Each Governor shall receive a salary of $10.000 a year plus $300 a day for not more than 30 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 30 days.
(b) The terms of the 9 Governors shall be 9 ears. excel)t 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 app)ointment of the first of them. Any Governor appointed to fill a vacancyv before the expiration of the term for which his predecessor was a8)pointed shall serve for the remainder of such term.
(c) The Governors shall appoint and shall have the power to remove the Postmaster General, who shall be a voting member of the Board. Ii pa y and term of service shall e fixed by the Governors.
(d) The Governors and the Postmaster General shall appoint and shall hatve the power to remove the Deputy Postmaster General, who shall he 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 Governlors.
(3)






4
203. Postmaster General; Deputy Postmaster General
The chief executive officer of the Postal Service is the Postmaster general l appointed under section 202(c) of this title. The alternate chief executive officer of the Postal Service is the Deputy Postmaster generall appointed under section 202(d) of this title. 204. Assistant Postmasters General; General Counsel; Judicial
Officer
There shall be within the Postal Service a General Counsel, such number of Assistant Postmasters General as the Board shall consider appropriate, and a Judicial Officer. The General Counsel, the Assistant Postmasters General, and the Judicial Officer 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 :1 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 bv the Postmaster General.
205. Procedures of the Board of Governors
(a) The Board shall direct and control the expenditures and review the practices and policies of the Postal Service, and perform other functions and duties prescribed by this title.
(b) Vacancies in the Board, as long as there are sufficient members to form a quorum, shall not impair the powers of the Board under this title.
(c) The Board shall act upon majority vote of those members who are present. and any 6 members present shall constitute a quorum for the transaction of business by the Board, except(1) that in the appointment or removal of the Postmaster General. and in setting the compensation of the Postmaster General and Deputy Postmaster General, a favorable vote of an absolute
majority of the Governors in office shall be required;
(2) that in the appointment or removal of the Deputy Postmaster General. a favorable vote of an absolute, majority of the Governors in office and the member serving as Postmaster General shall be required; and
(3) as otherwise provided in this title.
(d) No officer or employee of the United States may serve concurrently as a Governor. A Governor may hold any other office or employment not inconsistent or in conflict with his duties, responsibilities, and powers as an officer of the Government of the United States in the Postal Service.
206. Advisory Council
(a) There shall be a Postal Service Advisory Council of which the Postmaster General shall be the Chairman and the Deputy Postmaster General shall be the Vice Chairman. The Advisor Council shall have 11 additional members appointed by the President. He shall appoint as such members (1) 4 persons from among persons nominated by those labor organizations recognized as collective-bargaining representatives for employees of the Postal Service in one or more collective-bargaining units, (2) 4 persons as representatives of major mail






5

Users, and (3) 3 persons as representatives of the public at large. All Members shall be appointed for terms of 2 years except that, of those
first appointed, 2 of the Members representative of labor organizations, 2 of the members representative of major postal users, and 1 member representing the public at large shall be appointed foil 1 year.
Any member appointed to fill at vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve
for the remainder of such term.
(b) The Postal Service shall consult with and receive the advice of
the Advisory Council regarding all aspects of postal operations.
(c) The members of the Council representative of the public at large
shall receive for each meeting of the Council an amount equal to the daily rate applicable to level V of the Executive Schedule under sece tion 5316 of title 5. All m-emnbers of the Council shall be reimbursed
s fo necssay trvel nd easonab le expenses incurred in attending
meetings of the Council.
207. Seal
The seal of the Postal Service shall be filed by the Board in the
Office of the Secretary of State, judicially noticed, affixed to all comnmissions of officers of the Postal Service, and used to authenticate
records of the Postal Service.
208. Reservation of powers
Congress reserves the power to alter, amend, or repeal any or all of
the sections of this title, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service
under any power conferred by this title.













CHAPTER 4.-GENERAL AUTHORITY
SEC.
401. General powers of the Postal Service. 402. Delegation of authority.
403. General duties.
404. Specific powers.
405. Printing of illustration$ of United States postage stamps. 406. Postal services at Armed Forces installations. 407. International postal arrangements. 408. International money-order exchanges. 409. Suits by and against the Postal Service. 410. Application of other laws.
411. Cooperation with other Government agencies. 412. Nondisclosure of lists of names and addresses.
401. General Powers of the Postal Service
The Postal Service shall have the following general powers:
(1) to sue and be sued in its official name:
(2) to adopt, amend, and repeal such rules and regulations as
it deems necessary to accomplish the objectives of this title;
(3) to enter into and perform contracts, execute instruments,
and determine the character of, and necessity for., its expenditures;
(4) to determine and keep its own system of accounts and the
forms and contents of its contracts and other business documents,
except as otherwise provided in this title;
(5) to acquire, in any lawful manner, such personal or real
property, or any interest therein, as it deems necessary or convenient in the transaction of its business: to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein; and to provide services in connection therewith and charges
therefor;
(6) to construct, operate, lease, and maintain buildings, facilities. equipment., and other improvements on any property owned or controlled by it, including, without limitation, any property or interest therein transferred to it under section 2002 of this
title:
(7) to accept gifts or donations of services or property, real or
personal, as it deems necessary or convenient in the transaction
of its business:
(8) to settle and compromise claims by or against it:
(9) to exercise. in the name of the United States. tie right of
eminent domain for the furtherance of itq official purposes: and to have the priority of the United States withl respect to the payment
of debts out of bankrupt, insolvent, and decedents' estates; and
(10) to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or t>' exercise of ih
specific po wers.
(7)





8

402. Delegation of authority
Except for those power duties, or obligations specifically vested in the qTovernor, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms. conditions, and limitations, including the power of redelegzat ion, as it deems desirable. The Board may establish such committees of the Board. and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postnmster General or committees shall be consistent wit h other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment. 403. General duties
(a) The Postal Service shall plan, develop. promote, and provide adequate and efficient postal services at fair and reasonable rates and fees. Except as provided in the Canal Zone Code, the Postal Service shall receive, transmit, and deliver throughout the United States, its territories and possessions, and, pursuant to arrangements entered into under sections 406 and 411 of this title, throughout the world, written and printed matter, parcels, and like materials and provide such other services incidental thereto as it finds appropriate to its functions and in the public interest. The Postal Servic shall serve as nearly as practicable the entire population of the United States.
(b) It shall be the responsibility of the Postal Service(1) to maintain an efficient system of collection, sorting, and
delivery of the mail nationwide;
(2) to provide types of mail service to meet the needs of different categories of mail and mail users; and
(3) to establish and maintain postal facilities of such character and in such locations that postal patrons throughout the Nation will, consistent with reasonable economies of postal
operations, have ready access to essential postal services.
(c) In providing services and in establishing classifications, rates, and fees under this title, the Postal Service shall not, except as specificallv authorized in this title, make any undue or unreasonable discrimination among users of the mails, nor shall it grant any undue or unreasonable preferences to any such user. 404. Specific powers
(a) Without limitation of the generality of its powers, the Postal Service shall have the following specific powers, among others:
(1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the
disposition of undeliverable mail;
(2) to prescribe, in accordance with this title, the amount of
postage and the manner in which it is to be paid;
(3) to determine the need for post offices, postal and training
facilities and equipment. and to provide such offices, facilities, and
equipment as it determines are needed;
(4) to provide and sell postage stamps and other stamped
paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable;
(5) to provide philatelic services;






9

(6) to provide, establish, change, or abolish special nonpostal
or similar services;
(7) to investigate postal offenses and civil matters relatincr to
the Postal Service;
(8) to offer and pay rewards for information and services in
connection with violations of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its revenues, or property, to the person inforining for the same, and to pay the other one-half intothe, Postal
Service Fund; and
(9) to authorize the issuance of a substitute check for a lost,
stolen, or destroyed check of the Postal Service.
(b) (1) The Postal Service, prior to making a determination under subsection (a) (3) of this section as to the necessity for the closing or consolidation of any post office, shall provide adequate notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of such closing or consolidation to persons served by such post office to insure that such persons will have an opportunity to present their views.
(2) 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.
(3) Any determination of the Postal Service to close or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2) of this subsection. Such determination and finding shall be made available to persons served by such post office.
(4) The Postal Service shall take no action to close or consolidate a post office until 60 days after its written determination is made available to persons served by such post office.
(5) A determination of the Postal Seri-ice to close or consolidate any post office may be appealed by any person served by such office to the Postal Rate Commission within 30 days after such deterinination is made available to such person under paragraph (3). The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal wider this paragraph. The Commission shall set aside any determination, findings, and conclusions found to be81-233--76-2






10

(A) arbitrary, ca priious, an atbse of discretion. 1r otherwise
not in accordance with Ithe law:
(B) without observance of procedure required by law : or (C) unsupported by substantial evidence on the record.
The Commission may airm the determination of the Postal Service or order that the entire matter be returned for further consideration. but the Commission may not modify the determination of the Postal Service. The Commission may suspenld the effectiveness of the determination of the Postal Service until the final disposition of the appeal. The provisions of section 556, section 557. and chapter 7 of title 5 shall not apply to any review carried out by the Comnmission under this ptragraph. (Amended Pub. L. 94-421., 9(a), Sept. 24, 1976, 90 StaIt. 1310.)
405. Printing of illustrations of United States postage stamps
(a) When requested by the Postal Service, the Public Printer shall print, as a public document for sOle by the Superintendent of Documents. illustrations in black and white or in color of postage stamps of the Inited States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable.
(b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the publications authorized to be printed by this section may not be sold or otherwise disposed of.
406. Postal services at Armed Forces installations
(a) The Postal Service may establish branch post offices at camps, posts. bases, or stations of the Armed Forces and at defense or other strategic installations.
(b) The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to perform postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section. 407. International postal arrangements
(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 hall furnish a copy of the same to the Public Printer for publication.
408. International money-order exchanges The Postal Service may make arrangements with other governmaents, with which postal conventions are or may be concluded. for the exchange of sums of money by means of postal orders. It shall fix limitations on the amount which may be so exchanged and the rates of exchange.






11

4 409. Suits by and against the Postal Service
(a) Except as provided in section 3628 of this title, the United
States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28.
(b) Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the LUnited States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties.
(c) The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service.
(d) The Department of Justice shall furnish, under section 411 of this title, the Postal Service such legal representation as it may require, but with the prior consent of the Attorney General the Postal Service may employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in
matters affecting the Postal Service. S 410. Application of other laws
(a) Except as provided by' subsection (b) of this section, and except
as otherwise provided in this title or insof ar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers., employees, budgets, or funds, Including the provisions of chapters 5 and 7 of title .5, shall apply to the exercise of the powers of the Postal
Service.
(b) The following provisions shall apply to the Postal Service:1
(1) section 552 (public information), section .552a (recorIs,
about individuals), section 552b (open meetings). section 3110 (restrictions on employment of relatives), section 3333 and chapters 71 (employee policies) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employmnent taxes). and section 5532 (dual pay) of title 5, except that no regulation issued under such chapters or sections shall apply
to the Postal Service unless expressly made applicable-,
(2) all. provisions of title 18 dealIncy with the Postal Service,
the mails, and officers or employees of the Government of the
United States-,
(3) section'107 of title 20 (known as the Randolph-Sheppard
Act, relating to vending machines operated by the blind);
(4) the following provisions of title 40:
(A) sect ions 2S-5e(relatinu2 to condemnation proceedings):
(B) sections 270a-270e (known tis thie -Miller Act. relating
to performance bonds):(C) sections 276a- 276a-7 (knowni as the Davis-Bacon
Act, relating to prevailing wagres):






12

(D) s(,,tionI 276c (rlating to wage payments of certain
count 'IrIc tors);
(E) chapter 5 (the Contract Work MOuS Standards
Act) ; and
(F) chapter 15 (the Government LOsses in Shipment
Act);
(5) the following provisions of title 41:
(A) sections 3,145 (known as tfle Walsh-Ilealey Act,
relating to wages and hours) ; and
(B) chapter 6 (the Service Contract Act of 1965) ; and
(6) sections 2000d, 2000d-1-2000d4 of title 42 (title VI, the
Civil Rights Act of 1964) ;
(7) section 19 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 668) ; and
(8) the provisions of the Act of August 12, 1968 (42 U.S.C.
4151-4156).
(c) Subsection (b) (1) of this section shall not require the disclosure of
(1) the name or address, past or present, of any postal patron; (2) infoirnatibn of a commercial nature, including trade seicets,
whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed;
(3) information prepared for use in connection with the negrotiation of collective-bargaining agreements under chapter 12 of this title or minutes of, or notes kept during, negotiating sessions
conducted under such chapter;
(4) information prepared for use in connection with proceedings under chapter 36 of this title;
(5) the reports and memoranda of consultants or independent
contractors except to the extent that they would be required to
be disclosed if prepared within the Postal Service;
(6) investigatory files, whether or not considered closed, compiled for law enforcement purposes except to the extent available
by law to a party other than the Postal Service; and
(d) (1) A lease agreement by the Postal Service for rent of net interior space in excess of 6,500 square feet in any building or facility, or part of a building or facility, to be occupied for purposes of the Postal Service shall include a provision that all laborers and mechanics employed in the construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by the agreement, or improvement at the site of such building or facility, shall be paid wages at not less than those prevailing for similar work in the locality as determined by the Secretary of Labor under section 276a of title 40.
(2) The authority and functions of the Secretary of Labor with respect to labor standards enforcement under Reorganization Plan Numbered 14 of 1950 (title 5, appendix), and re,ulations for contractors and subcontractors under section 276c of title 40, shall apply to the work under paragraph (1) of this subsection.
(3) Paragraph (2) of this subsection shall not be construed to give the Secretary of Labor authority to direct the cancellation of the lease agreement referred to in paragraph (1) of this subsection. (Amended






13

Pub. L. 91-656, 8(a), Jan. 8, 1971, 84 Stat. 1955; Pub. L. 93-340,
July 10, 1974, 88 Stat. 294; Pub. L. 94-82, 101, Aug. 9, 1975, 89 Stat. 419; Pub. L. 94-409, 5 (a), Sept. 13, 1976, 90 Stat. 1247; Pub.
L. 94-541, 203, Oct. 18. 1976,90 Stat. 2508.)
411. Cooperation with other Government agencies
Executive agencies within the meaning of section 105 of title 5 and
the Government Printing Office are authorized to furnish property, both real and personal, and personal and nonpersonal services to the Postal Service, and the Postal Service is authorized to furnish property and services to them. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the Postal Service and the head of the agency
concerned shall deem appropriate.
412. Nondisclosure of lists of names and addresses
Except as specifically provided by law, no officer or employee of
the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past
or present) of postal patrons or other persons.













CHAPTER 6.-PRIVATE CARRIAGE OF LETTERS
SEC.
601. Letters carriedd out of the mail. 602. Foreign letters out of the mails. 603. Searches authorized.
604. Seizing and detaining letters. 605. Searching vessels for letters. 606. Disposition of seized mail. 601. Letters carried out of the mail
(a) A letter may be carried out of the mails when-(1) it is enclosed in an envelope:
(2) the amount of postaQe which would have 1hen ,har~J on
the letter if it had been sent by mail is paid )vby tamHps. or pofst e
meter stamps. on the envelope:
(3) the envelope is properly addressed"
(4) the envelope is so sealed that the letter cannot be taken
from it without defacing the envelope:
(5) any stamps on the envelope are canceled in ink by the
sender: and
(6) the date of the letter. of its transmission or receipt by the
carrier is endorsed on the envelope in ink.
(b) The Postal Service may suspend the operation of any part of this section upon any mail route where thle public interest requires the suspension.
602. Foreign letters out of the mails
(a) Except as provided in section 601 of this title. thle master of a vessel departing from the United States for foreign ports may not receive on board or transport any letter which originated in the Inited States that(1) has not been regularly received from a United States post
office; or
(2) does not relate to the cargo of the vessel.
(b) The officer of the port empowered to grant clearances shall require from the master of such a vessel, as a condition of clearance. an oath that he does not have under his care or control, and will not receive or transport. any letter contrary to the provisions of this section.
(c) Except as provided in section 1699 of title 1S. the master of a vessel arrivinQ at a port of the United State< carrying letters not reinilarlv in the nails shall deposit them in the post office at the port of arrival.
603. Searches authorized
The Postal Service may authorize any officer or emlplo7ee of the Postal Service to make searches for mail matter transported in violation of law. When the authorized officer has reason to believe that nail(15)






16

able matter transported contrary to law may be found therein, he may open and search any(1) vehicle passing. or having lately passed, from a place at
which there is a post office of the United States;
(2) article being, or having lately been, in the vehicle; or
3 store or office, other than a dwelling house, used or occupied
by a common carrier or transportation company, in which an
a ticle may be contained.
604. Seizing and detaining letters
An officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputy, may seize at any time, letters and bags, packets, or parcels containing letters which are being carried contrary to law on board any vessel or on any post road. The officer or employee who makes the seizure shall convey the articles seized to the nearest post office, or, by direction of the Postal Service or the Secretary of the Treasury, lie may detain them until 2 months after the final determination of all suits and proceedings which may be brought within 6 months after the seizure against any person for sending or carrying the letters.
605. Searching vessels for letters
An officer or employee of the Postal Service performing duties related to the inspection of postal matters, when instructed by the Postal Service to make examinations and seizures, and any customs officer without special instructions shall search vessel sfor letters which may be on board, or which may have been conveyed contrary to law.
606. Disposition of seized mail
Every package or parcel seized by an officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputies, in which a letter is unlawfully concealed, shall be forfeited to the United States. The same proceedings may be used to enforce forfeitures as are authorized in respect of goods, wares, and merchandise forfeited for violation of the revenue laws. Laws for the benefit and protection of customs officers making seizures for violating revenue laws apply to officers and employees making seizures for violating the postal laws.











PART II-PERSONNEL
CHAPTER SEC.
10. Employment Within the Postal Service --------------1001
12. Employee-Management Agreements ___- 1201

CHAPTER 10.-EMPLOYMENT WITHIN THE POSTAL SERVICE
SEC.
1001. Appointment and status.
1002. Political recommendations.
1003. Employment policy.
1004. Supervisory and other managerial organizations. 1005. Applicability of laws relating to Federal employees. 1006. Right of transfer.
1007. Seniority for employees in rural service. 1008. Temporary employees or carriers.
1009. Personnel not to receive fees.
1010. Administration of oaths related to postal inspection matters. 1011. Oath of office.
1001. Appointment and status
(a) Except as otherwise provided in this title, the Postal Service shall appoint all officers and employees of the Postal Service.
(b) Officers and employees of the Postal Service (other than those individuals appointed under sections 202. 204, and 1001(c) of this title) shall be in the postal career service, which shall be a part of the civil service. Such appointments and promotions shall be in accordance with the procedures established by the Postal Service. The Postal Service shall establish procedures, in accordance with this title. to assure its officers and employees meaningful opportunities for prom.otion and career development and to assure its officers and employees full protection of their employment rights by guaranteeing them an opportunity for a fair hearing on adverse actions. with repre-entatives of their own choosing.
(c) The Postal Service may hire individuals as executives under employment contracts for periods not in excess of 5 years. Notwithstanding any such contract, the Postal Se-rvice mayv at its discretion and at any time remove any such individual without preindice to his contract rights.
(d) Notwithstanding section 5533. 5535. or 55.: of title 5. or any other provision of law, any officer or emn)lovee of the Government of the United States is eli eible to serve and receive pay coer rrentlh as an officer or employee of the Postal Service (other than as a meml)er of the Board or of the Postal Rate Commissio in) and as :n of~iec' or employee of any other department, agency. or establisThnent of t)he Government of the Unitedc States.
(e) The Postal Service shall have the righ1it. consistent with see+ion 1003 and chapter 12 of this title and applicable laws. regulations, and coll ective-bargaining ag reements(17)








()tot di rect o)ficers aivi eniplovees of t he P"ostal Service in the
1)erl~iluI~ceof oficial1 dir1 ies:4
(2) to hire, 1)romfotv, transfer. assign. and retaiin officers andI
empl11oyeN-es InI po)sit i's within tHie P'ostal Servire. and to suispend, demotwe. 4 isch" '-r(" f. 1itke other iscpinr act ion against such
ollicers anld elilo 'vees
3) to relieve ollieers'-- Mid employees from (ml jes because of
lack of Nvoi't or other le()-,tI ima1"te reas:-ons:
(4 ) to mafintain the efhienc *v of the operations,- entrusted to it: (.-) to det erincll the mlet hods, mecans, nnd pers onniel by which
sl idi 01 )irat ionS are' to 1be conducted
(G) to prescribe a1 un1iform dIress to be worn. by letter' carriers
:, ud other dcesignjat ed employees ; and
(7) to takeo whatever actions may bve necessary to carry oit its
mission in einero-ency situations.
1002. Political recommendations
(a) Except as prlovided ill siihseot ion (e) of this section, each ap~poi ntment, j )rtifot ion. nassirrnnient. transfer, or designation. interim or otherwi! e. of it) offi(-er or emIployee in the Postal Service (except a Governor or mneniber of the Postal 'Rate Commission) shall be made without regard to any* recommendation or statement. oral or Written, wAith reset to aliy person who requests or is under consideration for smch appoint nient, Promotion. assignment, transfer, or designation, Made byN--(1) any Mfember of the Senate or House of Reniresentatives
(ineliuding the Resident Commissioner from Puerto Rico)
(2) anv elected official of the government. of any State (inchiding the Commonwealth of Puerto Rico) or of any county. city, or other political subdivision, of such State or Commonwealth:
(3) anv official of a national political Party or of a political
Tnartv of anv State (incluidincg the Commonwealth of Puerto, PRico). coun1tv., city. or other su})dlivision of such State or Commonivealth: or
(4) any other individual or organization.
(b) Except. as m-ov'iold in subsection (e) of this section, a person 01' organizat ion referred to in clause (1), (2). (3), or (4) of subsection
(a) of this ection is prohibited from- making) or transmitting to the Posqtaql Servicje, or to any other officer or employeep of the Government. of tlie United States. any recommendation or statement, oral or writ toni, with resrnect to any perSon who requests or is under consideration for any sucih appointment. promotion, assignment. transfer, or
de-una io.Vie Postal Service and any officer or employee of the Government of the United States. subject to subsection (e) of this se ct *()n
(1) Tllnot solicit, reqllvst. consider. or accept any such
11000111 d Il on (1 T or 4-,atemient : an' I
(2) shall return any such written recommendation or statewvnt r('oi ved 1by imn. apI-vt'l)riately marked1 ac in violation of this' se'Ct iOl. to the J)erson1 OTO organization makincr or transmitting
t he e
(e)s A person whio re(Iiiests or is under considerfftion for any suichi 11TPitment. promotion. assimuineont. trans-fer, or deosirniation ij1 pro1!ii ited from roo(im-ti nz or qi liciti n~ a ny -uch recommendation or






19

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 collnection with any such al)pointment, 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 d(lesignation is under consideration, appropriate notice of tile 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 reouirement 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 pirsuiiant 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 hby section 7102 of title 5.
1003. Employment policy
(a) Except as provided under chapters 2 and 12 of this title or other provision of law, the Postal Service shall class-ifv and fix the compensation and benefits of all officers and empl)ovees in the Postal Service. It shall be the policy of the Postal Service to maintain conpensation and benefits of all officers and employees on a standard of comnarability to the compensation and benefits paid for comparable levels of work in the private sector of the economy. No officer or employee shall be ntid compensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5.
(b) The Postal Service shall follow an eml)lovment policy desi.meld. without comnrom'ising the no'.ev of section 101(,) of this title, to extend opportunity to thew di;:dvanta'ed aid the handicapped.






C) 0

1001. Superi-korv and other nianacrerial onranizations
(,I) It 1)(, Tile I)o5 ' N- 4 Ow P()'-1:11 .4- (.rvwe to PM VI(hl (101111W11c()I)d1t1()T)<. "11111 cniver th it w ill
TIle attl"Ictiml :m d 1.0elitioll (J (111'111fie(l :111d cap:lble 'Ind
()i 1wr persollilel : to 1)rol-lde a(le(jilate am] re"I <(-)n'-1b1e (litrerOlit ill rate,-, of pay hetiveeii employeewz in tbe. clerk -,md cal
ill Ill(, line work force :111d S111)(IT'VII-Orv an J ()I! WI' 1112 11' 1 1
114T-4 )M U'll to (I.Stlb! 1 ;h '111(1 ill cm ll i1111011 4y a ] )ro(ri.,1111 foi- -,Ill
-ZiWll 1)(11-SOTITIel t Ilt'll- I'efle(l S tile ],'d ill 11m rt"ITlee of a wel 1A II lll('(l 'I I I( t Ive I I -I I I of ivate d fo Ive to 1111I)I-ON-e tll(\ effect of 01)(11"l11011-:* 1111d to proinote flip lea(len hlp of per soilliel NN-11 11
re-1w(,i !o rank-mid-file, ellll)loyees. l-('('o1_('-I)1Z1Il,_r t1lat the rol( of slich pen ()1111(1 in prilil-Iry level 1 -, to Hie
j)l-oC( S-:z Of ConVertill r nviieral po-Jal police into ue'ce'soful I)o-ttal operations.
(b) 'rhe Pn ztal sliall proN-ide a, progr,-,iin for con!Zillfafioi)
-"-,tit revogiiized orz, ,iiiz.itioiis of supervisory and other M,jjj,,j.(-rpiial per---orllel, who 11re not, S'tIbje(.f to collective-bar1)"1111111(r 11 27reell wilt 1111de- cliapter 12. of this title. T'pon puseifl;ifoii 01 toi-y to the Po--:t-.i1 Service, fliat a, supervise ry orcr;u-Jzation represents tt ma or, of u 1)erv, isors. oi- i liat a manaorerial ort,-(mizOinn (ol-lier thnii 'I n isors) repl-('- -nts a siihstantial
01"LMII ,,:Jion representir1fr super
pereenta(re of inana,rerial employees, sucli organization or ol-(r-ll)i
)ns sh-.1.11 be entitled to ptirtrii)(,ite directlyy in I'lie plapniiirr id development of pay policies and s-Iliedifles., frincre, benefit prccrr--111 z. and otlier pro-(ri-airs relating to supervisory and other 111"Illacrerial employees.
1005. Applicability of laws relating to Federal employees
Na) (1) Except as otherwise provideJ in this sul)!zection, the provisions of cliai)fer 75 of title 5 sliall apply to officers and emplo;\-ees of tlle Postal Szervice exc(,IA to the exkciit of ,in I- inconsistency with(A) tile proN-isions of ,IIIv collective-barrraimii(y aareei-lient
ii(,,rotiated oil belialf of and applicable to them: or
(13) procedures esta-blislied by the Postal Service apprm-ed by
1, Civil Service Commission.
-elating to a preference eli ihle (,Iq "Ie PrON-icions of tifle. 5 1 1,
I-liat term is defimJ midei- section _910S'(3) of sliell title) sliall apply to "I"I "WT-)licalit for appoiiitineil.t. :,rA4 any officer or euiplo.yne of tll(-% T'(-) ;tal ", I.V100 ill tl)e Sallie 111.14111ler qnd 11MICT' file saine, coTidifioiis if the applirniit. officer, or employee were subject to the competitive
10 provisions of tliiq lot be
service -,ino-ler Quell tifle. T1,
modified bv any program developed under section 1004 of this titl(','
()I- 111N, (*oIIeo-tive-bar(-rjjn)n(r a(rreeinent entered into hinder chapter
-Of t1lis tifle.
(2) The provi- iolls of this sifl (, -tion sliall not, apply, to fliose ill(-Ii1-411itlls P-Ppoil)t"d 1111001. S00t i -_')012, 201. "ITI(I 1001 (c) of t1lis tifle.
(1)) '-4eetioll ;- ()41 ()I, tit,(, 5 sliall jppiv to flic Pw f: l :Scr%-We. For
of C;Iiell tile J)'1v of ofrcer '-111(1 elllplc\I-ev' ; of CIO
sli:ill I)(-. coiiq;dPrv(l to be fi, (,J by shitiite. and the I)as;o- pay of ,in employee 4all be the pnv (but not any allowance or hellelit) of that officer or ciiiployep esta,1)11 41ied in accor(laiice Ivith the prol-isiolic; of this tifle.






21

(c) Officers and employees of the Postal Service shall be covered by subchapter I of chapter 81 of title 5, relating to compensation for work injuries.
(d) Officers and employees of the Postal Service (other than the G(Overnors) shall be covered by chapter 83 of title 5 relating to civil service retirement. Thie Postal Service shall withhold from pay and shall pay into the Civil Service Retirement and Disability Fund the amounts specified in such chapter. The Postal Service shall pay into the Civil Service Retirement and Disability Fund the amounts determined by the Civil Service Commission under section 8348(h) of title 5.
(e) Sick and annual leave, and compensatory :we of officers and employees of the Postal Service, whether accrued prior to or after commencement of operations of the Postal Service. shall be obligations of the Postal Service under the provisions of this chapter.
(f) Compensation, benefits, and other terms and conditions of employment in effect immediately prior to the effective date of this section. whether provided by statute or by rules and regulations of the former Post Office Department or the executive branch of the Government of the United States, shall continue to apply to officers and employees of the Postal Service, until changed by the Postal Service in accordance with this chapter and chapter 12 of this title. Subject to the provisions of this chapter and chapter 12 of this title, the provisions of subchapter I of chapter 85 and chapters 87 and 89 of title 5 shall apply to officers and employees of the Postal Service,. unless varied, added to, or substituted for, under this subsection. No variation, addition, or substitution with respect to fringe benefits shall result in a program of fringe benefits which on the whole is less favorable to the officers and employees than fringe benefits in effect on the effective date of this section. and as to officers and employees for whom there is a collective-bargaining representative. no such variation, addition, or substitution shall be made except by agreement between the collective-bargaining representative and the Postal Service. 1006. Right of transfer
Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any other position in the Postal Service or the executive branch of the Government of the United States for which they are qualified. The authority given by this section shall be used to provide a maximum degree of career promotion opportunities for officers and employees and to insure continued improvement of postal services. 1007. Seniority for employees in rural service
Subject to agreements made under chapter 12 of this title. the seniority of an employee of the Postal Service occupying a position whose regular duty involves the collection and delivery of mail on a rural route shall be preserved. Seniority for such employee shall conmmence on the first day of his service in such a position, or, in the event such an employee transfers to another such position, on the day he enters duty in the other position. Upon initial assignment, such an employee shall be assigned to the least desirable route and shall attain assignment to more desirable routes by seniority. Promotions and assignments for such an employee in such position shall be based on seniority and ability. If ability be sufficient. seniority shall govern.






22

1008. Temporary employees or carriers
(a) A person temporarily employed to deliver mail is deemed an employee of the Postal Service and is subject to the provisions of chapter 81 of title 18 to the same extent as other employees of the Postal Sernvice.
(h) Any person, when engaged in carrying mail under contract with the Postal Service, or employed by the Postal Service, is deemed a carrier or person entrusted with the nail and having custody thereof, within the meaning of sections 1701, 1708, and 2114 of title 18. 1009. Personnel not to receive fees
An officer or employee of the Postal Service may not receive any fee or prerequisite from a patron of the Postal Service on account of tihe duties performed by virtue of his appointment, excpt as authorized by law.
1010. Administration of oaths related to postal inspection
matters
()fliers and employees of the Postal Service performing duties related to the inspection of postal matters may administer oaths requrd or authorized by law or regulation with respect to any matter coming before them in the performance of their official duties. 1011. Oath of office
lBefore entering upon their duties and before receiving any salary, ll ol hers and employees of the Postal Service shall take and subscribe tIe following oath of affirmation:
"L do solemnly swear (or affirm) that I will
ilpport and defend the Constitution of thle United States against all enemies, foreign and domestic; that I will beJar true faith and allegiance to the same: that I take this obligation freely, without any mental rese ovation or purpose of evasion : and that I will well and faithfully discharge the duties of the office on which I
am about to enter."
X p(,'son lauthorized to administer oalths by the laws of the United States, including section 2903 of title 5), or of a State or territory, or un ollicer, civil or nmilitarv. holding a commission under the United Staltcs, or any oflficer or emp)lovee of thle Postal Service designated by ih lBoardl iay adininister and certify the oath of affirmation.










CHAPTER 12.-EMPLOYEE-MANAGEMENT AGREEMENTS
SEC.
1201. Definition.
1202. Bargaining units.
1203. Recognition of labor organizations. 1204. Elections.
1205. Deductions of dues.
1206. Collective-bargaining agreements. 1207. Labor disputes.
1208. Suits.
1209. Applicability of Federal labor laws. 1201. Definition
As used in this chapter, "guards" means(1) maintenance guards who. on the effective d(late of this
chapter, are in key position KP-5 under the provisions of furier
section 3514 of title 39; and
(2) security guards, who may be employed in the Postal
Service and whose primary duties shall include the exercise of authority to enforce rules to protect the safety of property. :mail.
or persons on the premises.
1202. Bargaining units
The National Labor Relations Board shall decide in each caze t-he unit appropriate for collective bargaiining in the Postal Service. The National Labor Relations Board shall not include illn any bargaining unit-(1) any management official or supervisor:
(2) any employee engaged in persomlel work in other than a
purely nonconfidential clerical capacity:
(3) both professional employees and employees who are not
professional employees unless a majority of such professional
employees vote for inclusion in sich unit : or
(4) together with other employees,. any individual employed
as a security guard to enforce against enmplovees and other' persons. rules to protect property of the PosR al Service or to protect the safety of property, mail. or persons on the premises of the Postal Service: but no labor organization shall be certified as the representative of employees in a 1 argaining unit of security guards if such organization admits to membership. or is affiliated directly or indirectly with an organization which admits to membership, employees other tian guards.
1203. Recognition of labor organizations
(a) The Portal Service shall accord exclusive recognition to a labor OPHiZI o1011 whe1n thie or':nization has 1een sel eted by a majoritv of tlhe employees in an appropriate unit as their representative.
(b) Agreements land supplements in effect on the date of enactment of this section covering employees in the former Post Office Depart(23)






24

m11(n1t slall coIti nue to )e recogInized lby tI hl lostal Service until ltord or aO10eded pur8-0:nt to law.
() When a petition h eas beein filed, in accordance with such rejgulatiol o. aI 1nuv )e preccribed b)y the National Lalbor Relations Board(1) ly an einplovee. a group of employees, or any labor organization acting in their behalf alleging that (A) a substantial lnoithcr of employees wish to be represented for collective bargaining by a labor organization and that the Postal Service declines to recognize such la)or organization as the representative: or (B) the labor organizations which has been certified or is being curSntly reco ,nized 1)vy tle Postal Service a the h)rgaining representative is no oger :, rep)resentative : or
(2) l v the lPostal Service. alleging that one or more labor
organizations has pre ented to it a claim to be recognized as the
rQ)Ireselt ai ive:
t lhe National Labor lIelations Board shall investigate such petition unaI. if it has reasonale cause to believe that a question of representation exists,. hall provide for an a)pp)roj)riato hearing upon due notice. Such hearing avy be conducted by an officer or employee of the National Lhor RTlatiois Board. who shall not make any recommendations with respect thereto. If the National Labor Relations Board finds upon the record of such hearing that such a question of representatio n exists. it shall direct an election by secret ballot and shall certify thle results thereof.
((I) A petition filed under subsection (c) (1) of this section shall be accoii)anied by a statement signed by at least 30 percent of the employ ees in the appropriate unit stating that they desire that an election be conducted for either of the purposes set forth in such subsection.
(e) Nothing in this section shall be construed to prohibit the waivine of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the National Labor Relations Board.
1204. Elections
(a) All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons designated by it. and shall be by secret ballot. Each employee eligible to vote shall be 1)rovided the opportunity to choose the labor organization hlie wishes to represent him, from among those on the ballot, or "no union."
(1)) In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote. additional runoff elections shall be conducted until one of the choices has received a majority of the votes.
(e) No election shall be held in any bargaining unit within which, in the preceding 12-month period, a valid election has been held. 1205. Deductions of dues
(a) When a labor organization holds exclusive recognition, or when an organization of personnel not subject to collective-bargaining agreeminents has consultation rights under section 1004 of this title, the Postal Service shall deduct the regular and periodic dues of the organization






25

from the pay of all members of the organization in the unit of recognition if the Post Office Department or the Postal Service has received from each employee, on whose account such deductions are made. a written assignment which shall be irrevocable for a period of not more than one year.
(b) Any agreement in effect immediately prior to the (late of enactment of the Postal Reorganization Act between the Post Office Department and any organization of postal employees which provides for d(eduction by the Department of the regular and periodic dues of the organization from the pay of its members shall continue in full force and effect and the obligation for such deductions shall be assumed by the Postal Service. No such deduction shall be made from the pay of any employee except on his written assignment, which shall be irrevocable for a period of not more than 1 year.
9 1206. Collective-bargaining agreements
(a) Collective-bargaining agreements between the Postal Service and bargaiinin, representatives recognized under section 1203 of this title shall be effective for not less than 2 years.
(b) Collective-bargainin" agreemen-ts between the Postal Service and bargaining representatives recognized under section 1203 may include any procedures for resolution by the parties of grievances and adverse actions arising under the agreement. including procedures culminating in binding third-party arbitration. or the parties may adopt any such procedures by mutual agreement in the event of a dispute.
(c) The Postal Service and bargaining representatives recognized under section 1203 may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement.
1207. Labor disputes
(a) If there is a collect,-e-,ar'ainin" agreement in effect. no party to such a.reenment shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration date thereof. or not less than 90 days prior to the time it is proposed to make such termination or modifications. The party servinfr uch notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days of such notice, if no agreement has been reached by that time.
(b) If the parties fail to reach agreement or to adopt a procedure providing for a binding resolution of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall direct the establishment of a factfindcling panel consisting of 3 persons. For this purpose, he shall submit to the parties a list of not less than 15 names. from which list each party, within 10 days, shall select 1 person. The 2 so selected shall then choose from the list a third person who shall serve as chairman of the factfinding panel. If either of the parties fails to select a person or if the 2 members are unable to a,ree on the third person within 3 days. the selection shall be made by the Director. The factfinding panel shall issue after due
81-233-76-3








investigation a report of its filing~, with or without recomninendations, t4) t he parties no later than -15 days from the date the list of nanes is sulmitted.
(c)(1) If no agreement is reached within 9 days after the expir:i lull or tI'1liat ion of t',e aTvrellent o tHe (1:ate on which the agrnient I at1, 1e sub jlect to im )dif 1 io11 under sIII seIln (a) of tIis svetionl. or if t 1 p 1 's decilde 111)()11 1arl)it rtio1 )hIt (10 not areP Upol tle pIrocedllures it 1 reform. an arbi t rat io l l d lshllll I e establ shed con1sisting of 3 IlIlnl Prs. 110t Ilellbers of Ht f1ilclding panel. I of whom shall be selected y the Postal Service. 1 by the bargaining representative of the employees. and the third hvby the 2 thus selected. If either of the parties fails to select a number. or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made by the Director. If the parties do not agree on the framing of the issues to be submitted, the- factfinding panel shall frame the issues and submit them to the arbitration board,.
(2) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment.
(3) Costs of the arbitration board and factfinding panel shall be shared equally by the Postal Service and the bargaiining representative.
(d) In the case of a bargaining unit whose recognized collectivebargaining representative does not have an agreement with the Postal Service, if the parties fail to reach agreement within 90 days of the commencement of collective bargaining, a factfinding panel will be established in accordance with the terms of subsection (b) of this seetion, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall he established to provide conclusive and binding arbitration in accordance with the terms of subsection (c) of this section.
1208. Suits
(a) The courts of the United States shall have jurisdiction with respect to actions brought by the National Labor Relations Board under this chapter to the same extent that they have jurisdiction with respect to actions under title 29.
(b) Suits for violation of contracts between the Postal Service and a labor organization representing Postal Service employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy.
(c) A labor organization and the Postal Service shall be bound by the authorized acts of their agents. Any labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be






27

Senforcible only against the organization as an entity and ag,-ai-inst its
assets, and shall not be enforcible against any i(ndividuiial member' or his
assets.
(d) For the purposes of actions and proceedings )by or aaiin st
labor organizations in the district courts of the UFiited Stat(ie. (isl rict courts shall be deemed to have jurisdiction of a labor organizai ion (1) in the district in which such organization maintains its principal offices, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee ions)hers.
(e) The service of summons, subpoena, or other leal p)roess of
any court of the United States upon oi ot!icer or agent of a la.or organization, in his capacity as!' such, shall constitute service lpon )o the
labor organization.
1209. Applicability of Federal labor laws
(a) Employee-management relations shall, to the extent not inconsistent with provisions of this title, be subject to the provisions of
subchapter II of chapter 7 of title 29.
(b) The provisions of chapter 11 of title 290 shall be applicable to
labor organizations that have or are seeking to attain recognition under section 1203 of this title, and to such organizations' officers, agents, shop stewards, other representatives, and members to the extent to which such provisions would be applicable if the Postal Service were an employer under section 402 of title 29. In addition to the authority conferred on him under section 438 of title 29, the Secretary of Labor shall have authority, by regulation issued with the written concurlrence
Sof the Postal Service, to prescribe simplified reports for any such iabor
organization. The Secretary of Labor may revoke such provision for simplified forms of any such labor organization if he determines, after such investigation as he deems proper and after due notice and opportunity for a hearing, that the purposes of this chapter and of chapter
11 of title 29 would be served thereby.
(c) Each employee of the Postal Service shall have the right, freely
and without fear of penalty or reprisal, to form, join, and assist a labor organization or to refrain from any such activity, and each employee
shall be protected in the exercise of this right.














PART 111-MODERNIZATION AND FISCAL ADMINISTRATION
CHAMM SEC.
20. Finance ---------------------------------------------- 2001
22. Convict Labor ---------------------------------------- 2201
24. Appropriations and Annual Report -------------------- 2401
26. Debts and Collection ---------------------------------- 2601

CHAPTER 20.-FINANCE
SEC.
2001. Definitions.
2002. Capital of the Postal Service.
2003. The Postal Service Fund.
2004. Transitional appropriations.
2005. Obligations.
2006. Relationship between the Treasury and the Postal Service. 2007. Public debt character of the obligations of the Postal Service. 2008. Audit and expenditures.
2009. Annual budget.
2010. Restrictions on agreements.
2001. Definitions
As used in this chapter(1) "Fund" means the Postal Service Fund established by
section 2003 of this chapter; and
(2) "Obligations", when referring to debt instruments issued
by the Postal Service, means notes, bonds, debentures, mortgages, and any other evidence of indebtedness. 2002. Capital of the Postal Service
(a) 'The initial capital of the Postal Service shall consist of the equity, as reflected in the budget of the President, of the Government of the United States in the former Post Office Department. The value of assets and the amount of liabilities transferred to the Postal Service upon the commencement of operations of the Postal Service shall be determined by the Postal Service subject to the approval of the. Comptroller General, in accordance with the following guidelines:
(1) Assets shall be valued on the basis of original cost less
depreciation, to the extent that such value can be determined. The value recorded on the former Post Office Department's books of
account shall be prima facie evidence of asset value.
(2) All liabilities attributable to operations of the former Post
Office Department shall remain liabilities of the Government of the United States, except that upon commencement of operations of the Postal Service, the unexpended balances of appropriations made to, held or used by, or available to the former Post Office Department and all liabilities chargeable thereto shall become
assets and liabilities, respectively, of the Postal Service.
(29)






30

l') The capital of the Postal Service at any time shall consist of i its I:-sets, including the balance in the Fund, less its liabilities.
(c) The Post'al Service, and the Administrator of General Services where properties under the jurisdiction of the Administrator are involved, with the approval of the Director of the Office of Manageient and Budget, shall determine which Federal properties shall be transferred to the Postal Service and which shall remain under the jurisdiction of any other department, agency, or establishment of the Government of the Unit ed States upon the commenement of operations of the Postal Service. T1"he transfer shall be accomplished at the time of or as near as possible to the commencement of operations of the Postal Service and the valuation of the assets and capital of the Postal Service shall be adjusted accordingly. The following properties shall be included in the transfer:
(1) the mail equipment shops located in Washington, District
of Columbia;
(2) all machinery. equipment, and appurtenances of the former Post Office Department;
(3) all real property whose ownership was acquired by the
Postmaster General under former section 2103 of this title, as in effect immediately prior to the effective date of this section, or which immediately prior to such effective date, is under the administration of the former Post Office Department for the purpose of constructing a postal building from funds appropriated or transferred to the former Post Office Department, together with
all funds appropriated or allocated therefor;
(4) all real property 55 percent or more of which is occupied
byv or under control of the former Post Office Department immediately prior to the effective date of this section;
(5) all contracts, records, and documents relating to the operation of the departmental service and the postal field service of the
former Post Office Department; and
(6) all other property and assets of the former Post Office
Department.
(d) After the commencement of operations of the Postal Service, the President is authorized to transfer to the Postal Service, and the Postal Service is authorized to transfer to other departments, agencies, or independent establishments of the Government of the United States, with or without reimbursement, any property of that department. agency, or independent establishment and the Postal Service, respectively, when the public interest would be served by such transfer. 2003. The Postal Service Fund
(a) There is established in the Treasury of the United States a revolving fund to be called the Postal Service Fund which shall be available to the Postal Service without fiscal-vear limitation to carry out the purposes, functions, and powers authorized by this title.
(b) There shall be deposited in the. Fund, subject to withdrawal by check by the Postal Service(1) revenues from postal and nonpostal services rendered by
theI PostalI Service:
(2) amounts received from obligations issued by the Postal
Service;






31

(3) amounts appropriated for the use of the Postal Service;
(4) interest which may be earned on investments of the Fund;
(5) any other receipts of the Postal Service; and
(6) the balance in the Post Office Department Fund established under former section 2202 of title 39 as of the commencement of operations of the Postal Service.
(c) If the Postal Service determines that the moneys of the Fund are in excess of current needs, it may request the investment of such amounts as it deems advisable by the Secretary of the Treasury in obligations of, or obligations guaranteed by, the Government of the United States, and, with the approval of the Secretary, in such other obligations or securities as it deems appropriate.
(d) With the approval of the Secv(-tary of the cTC.Sirv. the Postl Service may deposit moneys of the fund in any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Postal Service and the Secretary may mutually agree.
(e) The Fund shall be available for the payment of all expenses incurred bv the Postal Service in carrying out its functions under this title and, subject to the provisions of section 3604 of this title, all of the expenses of the Postal Rate. Conmission. Neither the Fund nor any of the funds cr edited to it shall be subject to apportionment under the provisions of section 665 of title 31.
(f) Notwithstanding any other provision of this section, any amounts appropriated to the Postal Service under subsection (d) of
201
section 01 of this title and deposited into the Fund shall be expended by the Postal Service only for the purposes provided in such subsection. (Amended Pub. ]-. 94-421, 2(c), Sept. 24, 1976, 90 Stat. 1304.)
2004. Transitional appropriations
Such sums as are necessary to insure a sound financial transition for the Postal Service. and a rate policy consistent with chapter 36 of this title are hereby authorized to be appropriated to the Fund without rega rd to fiscal-year limitation. 2005. Obligations
(a) The Postal Service is authorized to borrow money and to issue and sell such obligations as it determines necessary to carry out the purposes of this title. The aggregate amount of any such obligations outstanding at any one time shall not exceed $10,000,000,000. In any one fiscal year the net increase in the amount of obligations outstanding issued for the purpose of capital improvements shall not exceed $1,500,000,000, and the net. increase in the amount of obligations outstanding issued for the purpose of defying operating expenses of the Postal Sprvioe shall not exceed $500,O00,000.
(b) The Postal Service may pledge the assets of the Postal ServNice and pledge and use its revenues and receipts for the payment of the principal of or interest on such obligations, for the purchase or redemption thereof, and for other purposes incidental thereto, including creation of reserve, sinking, and other funds which may be similarly pledged and used, to such extent and in such manner as it deems necessary or desirable. The Postal Service is authorized to enter into binding covenants with the holders of such obligations, and with the






32
trustee, if any, under any agreement entered into in coInnection with the issuance thereof with respect to the establishment of reserve, sinking. and other funds, applications and use of revenues and receipts of the Postal Service, stipulations concerning the subsequent issuance of obligations or the execution of leases or lease purchases relating to rop)erties of the Postal Service and such other matters as the Postal Service deems necessary or desirable to enhance the marketability of such oblig ations.
(c) Obligations issued by thie Postal Service under this section(1) shall be in such forms and( denominations;
(2) shall be s)hl at such times and in such amounts;
(8) shall mature at such time or times;
(4) shall be sold at such prices;
(-3) shall bear such rates of interest
(6) may be redeemable before maturity in such manner, at
such t iIes, and at such redemption piremiuniims ;
(7) may be entitled to siclh relative priorities of claim on the
assets of the Postal Service with respect to principal and interest
payments: and
(8) shall be subject to such other terms and conditions; as th e Postal Service determines.
(d) Obligations issued by the Postal Service under this section shall(1) be negotiable or nonnegotiable and bearer or registered
instruments, as specified therein and in any indenture or covenant
relating thereto;
(2) contain a recital that they are issued under this section,
and such recital shall be conclusive evidence of the regularity of
the issuance and sale of such obligations and of their validity.
(3) 1), lawful investments and may be accepted(l as security for
all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of tlhe Government of the U'nited States, and the Secretarv of the Treasury or any ot her officer or agency having authority over or control of any' such fiduciary, trust, or public funds, May at any time sell any of t he obligations of the Postal Service
acquired under this section:
(4) be exempt both as to principal and interest from all taxation now or hereafter imposed by any State or local taxing authority except estate. inheritance, and gift taxes; and
() not be obl)ligations of, nor shall payment of the principal
thereof or interest thereon he guaranteedd 'hy. the Government of thle Inited States. except as provided in section 200G (c) of this
title.
2006. Relationship between the Treasury and the Postal Service
(a) At least 15 days before selling any issue of obligations under section :05 of this title, the Posina Service shall advise the Secretary of the Trean-ury of the amount. proposed date of sale. maturities, terms and condlitions. and expected miaximuni rates of interest of the proposed issue in appropriate detail and shall consult with him or his designed t1hereon. The Secretary miav elect to purchase such obligations under such terms. including rates of interest. as he and the Postal






33

Service may agree, but at a rate of yield no less than the prevailing vield on outstanding marketable Treasury securities of comparable maturity, as determined by the Secretary. If the Secretary does not purchase such obligations, the Postal Service may proceed to issue and sell them to a party or parties other than the Secretary upon notice to the Secretary and upon consultation as to the date of issuance, maximum rates of interest, and other terms and conditions.
(b) Subject to the conditions of subsection (a) of this section. the Postal Service may require the Secretary of the Treasury to purchase obligations of the Postal Service in such amounts as will'not cause the holding by the Secretary of the Treasury resulting from such required purchases to exceed $2,000.000,000 at any one time. This subsection shall not be construed as limiting the authority of the Secretary to purchase obligations of the Postal Service in excess of such amount.
(c) Notwithstanding section 2005(d) (5) of this title, obligations issued by the Postal Service shall be obligations of the Government of the United States. and payment of principal and interest thereon shall be fully guaranteed by the Government of the Lnited States. such guaranty being expressed on the face thereof. if and to the extent that
(1) the Postal Service requests the Secretary of the Treasury
to pledge the full faith and credit of the Government of the United States for the payment of principal and interest th-iereon:
and
(2) the Secretary, in his discretion, determines that it would
be in the public interest to do so.
2007. Public debt character of the obligations of the Postal
Service
For the purpose of any purchase of the obligations of the Postal Service, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes of which securities may be issued under tlhe Second Liberty Bond Act, as now or hereafter in force, are extended to include any purchases of the obligations of the Postal Service under this chapter. The Secretary of the Treasury ma. at any time. se] any of the obligations of the Postal Service ac quired by him under thAis cl.apter. All redemptions, purchases, and sales by the Secretary of the obhigations of the Postal Service shall be treated as public debt transactions of the United States.
2008. Audit and expenditures
(a) The accounts and operations of the Po4al Service shall be audited by the Comptroller General and reports thereon mnade to the Congress to the extent and at such times as he may determine.
(b) The Postal Service shall maintain an adequate internal audit of the finauljial transactions of tile Postal Service.
(c) Subject only to the provisions of this chapter. the Postfl Service is authorized to make such expenditures and to enter into suc!] contracts, agreements, and arrangements, upon suc te]) nL m d conditions and in such manner as it deems necesary. including the final settlement of all claims and litio-ation bv or against the Postal Service.






34
(d) Nothing in tis sctio s hall be construed as denying to the Postal Service the power to obtain audits of the accounts of the Postal service an reports concerning fillalieal Ionditioln mnd operations by ~Crtitie(d public nerountin firls. Such audits anid reports shall be in addition to those required by this section.
(e) At least once each year heeginning with the fiscal year commineinlog after 01unie 30. 1971,. thle Postal Service shill obtain a certification from an independent, certified public accounting firm of the accuracy of any financial statements of the Postal Service used in determining and establishing postal rates.
8 2009. Annual budget
The Postal Service shall cause to be prepared( annually a budget program which shall be submitted to the Office of Management and Budget, under such rules and regulations as the President may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget program shall be prepared and presented. The budget program shall be a busi ness-type budget, or plan of operations, with due allowance given to the need for flexibility, including provision for emergencies and contingencies, in order that the Postal Service may properly carry out its activities as authorized by law. The budget program shall contain estimates of the financial condition and operations of the Postal Service for the current and ensuing fiscal years and the actual condition and results of operation for the last completed fiscal year. Such budget program shall include a statement of financial condition, a statement of income and expense, an analysis of surplus or deficit, a statement of sources and application of funds, and such other supplementary statements and information as are necessary or desirable to make known the financial condition and operations of the Postal Service. Such statements shall include estimates of operations by major types of activities, together with estimates of administrative expenses and estimates of borrowings. The budget program shall also include separate statements of the amounts which the Postal Service requests to be appropriated under subsections (b) and (c) of section 2401 of this title. The President shall include these amounts, with his recommendations but without revision, in the budget transmitted to Congress under section 11 of title 31. (Amended Pub. L. 93-28, 1, June 30, 1974, 88 Stat. 287).
2010. Restrictions on agreements
The Postal Service shall promote modern and efficient operations and should refrain from expending any funds, engaging in any practice, or entering into any agreement or contract. other than an agreemenit or contract under chapter 12 of this title, which restricts the use of new equipment or devices which may reduce the cost or improve the quality of postal services, except where such restriction is necessary to insure safe and healthful employment conditions.










CHAPTER 22.-CONVICT LABOR
SEC. 2201. No postal equipment or supplies manufactured by convict ltbor.
2201. No postal equipment or supplies manufactured by convict
labor
Except as provided in chapter 307 of title 18, the Postal Service may not make a contract for the purchase of equipment or supplies to be manufactured by convict labor.
(35)














CHAPTER 24.-APPROPRIATIONS AND ANNUAL REPORT
SEC.
2401. Appropriations.
2402. Annual report.
2401. Appropriations
(a) There ar-e appropriated to the Postal Service all revenues received by the Postal Service.
(b) (1) Iks reimbursement to the Postal Service for public service costs incurred by it in providing a maximum degree of effective and regular postal service nationwide, in communities where post offices may not be deemed self-sustaining, as elsewhere, there are authorized to be appropriated to the Postal Service the following amounts:
(A) for each of the fiscal years 1972 through 1979, an amount
equal to 10 percent of the sum appropriated to the former Post Office Department by act of Congress for its use in fiscal year
1971:
(B) for fiscal year 1980, an amount equal to 9 percent of such
sum for- fiscal year 1971:
(C) for fiscal year 1981, an amount. equal to 8 percent of siiob
sum for fiscal year 1971;
(D) for fiscal year 1982, an amount equal to 7 percent of such
sum for fiscal year 1971;
(E) for fiscal year 1983, an amount equal to 6 percent of such
sum for fiscal year 1971:
(F) for fiscal year 1984, an amount equal to .5 percent of siich
sum for fiscal year 1971: and
(G) except as provided in paragraph (2) of this subsection.
for each fiscal year thereafter an amount equal to 5 percent of such
sum for fiscal year 1971.
(2) After fiscal year 1984. the Postal. S-'ervice may reduce the percentage figure in paragraph (1) (G) of this subsection, including a reduction to 0, if the Postal Service finds that the amounts determined under such paragraph are no longer required to operate the Postal Service in accordance -with the policies of this title.
(c) There are authorized to be appropriated to the Postal Seri-ice each -year a sum determined by the Postal Service to be equal to the difference between the revenues the Postal Service would have receiv ed if sections 3217, 3403-3405. and 3626 of this title and the Federal Voting' Assistance Act of 19515 had not been enacted and the estimated revenues to be received on mail carried under such sections and Act.
(d) (1) There is authorized to be appropriated to the Postal Service for fiscal year 1976 and for the period beginning- July 1. 1976. and ending Septembe)r .30. 1976. the amount of 5.500.000.000 to be applied against the accumulated operating indebtedness of the Postal Service as of September 30. 1976.
(37)






38

(2) theret iV :111tliwniml to he Ipcrpac to theIo-;w evc
)fo 1 I-' I ear I 17 7t I lIe amo(n oIlt SA).OM() o 1 e 1i '1i c gaIszt t It ( 3c(1111111ate(] opewVlt. Ill.'- I 1) 11it l d iIw-,- of I lie I l > I i(e u of Se Pe I I IIw )'ii).1I,)".
Ie ) I 1iI r I I e w I.'ri ()d 1e tC i 1111 i Ig I oil tlled iC t te of t lie '1a 1)J)Pr l l:tiofl of tle hi1nds und1(er >mI) vect ion (d) ( 1 anld d Iiiinr o t he (late v m whichl thle (mnniiissovj onI P~ostal S ervic-e is r-equirIed to) ransniit11 the finll.I rein lpt ret, Illi I-ed 1 immer sect lolT ( f (1 ) of t'e lo]w a 1 Remrz.a 11 iZation Act Aliitelldlments of i976; to the Pres("ident "Ind eac I oi.se of ( 'oh~ies's.
1 li 1 o-ial Svieshall ]lot1) Ii av-e inl effect a liv pefl ii U net of- telinir rv rate of jmostagre
or 'e fol poi' )OtU ~' Vies exNceed i n1'r the ra"tes and1I fees Mn effect onl
di late () enaclt !ill of the P~ostal Reorganizat ion Act Anmend'2) prox-ide levels andl typ~es of postal servi(,es whiich nre ls
t)Im the levels and types of services provi(ledl onl Ju lY 1. 19 76:
8)('lose, an- po4 office where 35 or more. famniliesz remilarly\1TPi(e Iheit. iiviil and~ which. was prox-idllg service( on ,Juuly
I1()76;
(0) close any post office where fewer than families rece veV
1!, I-] I mail and -which wi prov'idingr seri'NIe on July 1. 1976, uinless4 f 11 PO'stal Service receTiATs the writen consent Of at least 60 per((,fit of the re~.rlar patrons of suich office who are at least4 IS year-s

( f) Diinring the period berrinningY on the (late of the appropriation of t lie f uds under 5Hil)s eetiol1 (d ) (1) and ending onl the (late On Whichel the Commiission on Postal Service is required to transmit the final rel)oyt re(Iulired under section 7(f) (1) of the Postal Reorcranizat ion Act Aimendmients of 197f) to the President and each Houise of Coll'es the 1ota]Service shall pride,~l door delivery or culrlline dlel; 'verv to all pern a anent residential a ddresses (other than apartment bidn addre--) to which service is b)eguin on or after the date of enactment of thle Po _-al Reorcganization Act Amendments of 1976.
(cr The Postal Service shall present, to the Committees on Post office an~d Civil Ser-vice and the Committees.: on Appropriations of the Senate and the House, of R~epresentatives, at the same time it suitis its annual lN(1cret under section 2009 of this title, sufficient copies of tfie IbndIret of the Pos4tal Service for the fiscal yeari for which funds are requested to he appropriated, and, a comprehensive statement relating t o the f ollowingr matters:
(1) the Iplans, policies, tand procedures of the Postal Service
(lesi fnd to comply with all of the provisions of section 101 of
thlis title:'
(2) postal operations generally. including dM-t on the speedl
anid reliability of service provided for the various classes of Mail and- types of mail service, mail volume, productivity. trends in ])o tal Operations, and analyses of the impact of internal and
external factors upon the Postal Service;
(') a listing of the total expenditures and obligations incurred
by the Postal Service for the most recent fisal. year for which information is available,, an estimate of the total expenditures aind Oligations to be incurred by the Postal Service during the
ficlyear for which funds are requested to be appropriated, n.nd






39

the means by which these estimated expenses will be financ(ed:
and
(4) such other matters as the committtees may determine niessary to ensure that the Congress is fully and currently conslilted(l
and informed on postal operations, plans, and policies.
Not later than March 15 of each year, the Postal Service shall appen before the Committees on Post Office and C ivil Service of the Senae and the House of Representatives to submit information which iny such committee considers necessary to determine the a mount of f ndis to be appropriated for the operation of the Postal Service. and o present testimony and respond to questions with respect to 1 bu dget and statement. Each such committee shall take such action as it (on-(h) The failure of the President to request the appropriation of
any part of the funds authorized by this section may not be deemed a failure of appropriations. The failure of the President to request the appropriation of any part of the funds authorized by this section shlatll not relieve the Postal Service from the responsibility to comply with the provisions of subsections (e) and (f) of this section.
(i) The rates established under chapter 36 of this title for zonerated parcels formerly entered under former chapter 67 of this title shall not be more than 10 percent less than the rates for such mail would be if the funds authorized under subsection (b) and (d) of this section were not appropriated. (Amended Pub. L. 94-4021, 2 (b),
Sept. 24, 1976, 90 Stat. 1303.)
2402. Annual report
The Postmaster General shall render an annual report to the Board concerning the operations of the Postal Service under this title. Upon approval thereof, or after making such changes as it considers appropriate, the Board shall transmit such report to the President and the Congress.













CHAPTER 26.-DEBTS AND COLLECTION SEC.
2601. Collection and adjustment of debts. 2602. Transportation of international mail by air carriers of the United States. 2603. Settlement of claims for damages caused by the Postal Servio-e. 2604. Delivery of stolen money to owner. 2603. Suits to recover wrongful or fradulent payments. 2601. Collection and adjustment of debts
(a) The Postal Service(1) shall collect debts due the Postal Service;
(2) shall collect and remit fines. penalties, and forfeitures
arising out of matters affecting the Postal Service;
(8)) may adjust, pay, or credit the account of a postmaster or of
an elisteci person of an Armed Force performing postal duties, for any loss of Postal Service funds, papers, postage, or other
stamped stock or accountable paper; and
(4) may prescribe penalties for failure to render accounts.
The postal Service may refer any matter, wvhichi is uncollect able through administrative action. to the General Accountingy Office for collection. This subsection does not aff ect the authority of the Attorney General in cases in -which judicial proceedings ar. e instituted.
(b) In all cases of disability or alleged liability for any sum of money by wvay of damages or otherwise, under any provision of la-w in relation to the officers, employees, operations, or business of the Postal Service, the Postal Service shall determine whether the interests of the Postal Service probably require the exercise of its powers over the same. Upon the determination, the Postal Service on such terms as it deems just and expedient, may(1) remove the disability; or
(2) compromise, release, or discharge the claim for such sum
of money and damages.
2602. Transportation of international mail by air carriers of
the United States
(a) The Postal Service may offset against any balances due another country resulting from the transaction of international money order business, or otherwise, amounts due from that country to the United States, or to the United States for the account of air carriers of the United States transporting mail of that country, when(1) The Postal Service puts into effect rates of compensation
to be charged another country for transportation;- and
(2) the United States is required to collect from another country the amounts owed for transportation for the account of the
air carriers.
(b) When the Postal Service has proceeded under authority of subsection (a) of this section, it shall(41)

81-233-76---4






42
kj) ;11.T 1'(T 11I'1tO Credit to t1W 1'()(
t1- 1. 1, 1 \ III o l N.(.(
])av to the aIr ("11-1.1cf. t !I(, *
1)()I.t IWI 4 it' t 4,10 AMMIlit Z() credited which is ONV(Id to t W, Iir ca rricr i'm, It
tt' hkl 1111111 Of tile Other 1.01111t I.\- : '111d
1) ) d(TOSI't '11 ille Post"11 -'- C1.6cc F1111(i that porti I I I W 1 0 1,
'i 111() lilt so Cred Ited which Is d Ile I Ile 1 -1111 c( I ()Il Its,
wc ()! I Il t: .
(C) 'I'lic 1'0.- Ial Service advallee to Ill air (-;Irrier' Out of flindfor 1-avillent (d, balallces due other cmiliti-les, tile C11110111"tde!el.11111wd )N- tfle I'():-tal (Ilwlce to be d(le froln allother Colinti-v t(I till ltll* Callrit'll IM tilk, "I'(111sportatioll of 'is 111,1*1"
(1) collectiolls a1v to be 111,14le I)Y 01c 1-111tekt States for the
:i(--(-omA ot' :ilr carrler-z and
f 2) the Po tal Service deteriiiiiie< that the balallce ()f funds
is such tllat the advanceS ma, be made therefrom.
Collcct.oii fron-i anot!ier countrNT, of the amount so advaiieed shall be
I-),\- ol!'- ( t. 01, otherwise. alld the from which the
,I a VI! WO IS 1W!(le shall be rviniburs(-,d I).)- ill(, collections iiinde bN- the

(d) if the United. States is unable to collect froin the debtor coiintrv
1,ai(I or advanced to an air cai'rwr witl)-in 1-2 montlis after
or advance bas been made, tbe Uiilfe(l St--Jes ded.lict
tbe iin( ollectpd ainount from any sunis owed I)Y it to the air carrier.
i(e) The Postal Service sliall adont siic-li ficomintincr I)rocedures as 11111V ",-o reoes(;ary to conform to all(l out tll(.,. 1 111-poses of this

c' Settlement of claims for damages caused by the Postal
Service
'\V i' 11 The find, a cliini for damarre, to persons or
t'l-wil tile operation of the, Postal Service to be a cllat' -ri. zl Lr'am-f the United States, tand it is iiot cocritizable under ;-(10 !-)11 2C 72 of title 2S. it mayadjust and settle the claim. 260-1. Delivery of stolen money to owner Wh(- l -rllc PO-t'll "..4el-Vice tfia.t riwie-v or property in the
(-)f Cw Po-f-(11 ('rvice I''!)]''-PT
( .-It lllow'i or property stolen fr('111 Ole or tll" 1)ro(.(.(,ds, thereof. it ma- deliver it to the person
C I I d t o I)e t-11 I e ri alit ful. ONV ner.
2605. Suits to recover wrongful or f fraudulent payments T110 ;Prvice sli.ill request the Attorney General to bring a
' :Jjit to -wif-11 intvr ,4 anv 1),'Iyllle.Tlt Made from moneys of, or
It Itri-:1 I if (,(I I)VI tile Po'-"tal Servieea.sa reQ.1llt of(1) mistake:
(2) fi-midulentrepre!zei-ita t ions;
(3) collusion: or
(4) miseon(iiiet of aii oni(-er or emplovoc. of the ro'stal Service.










PART IV-MAIL MATTER
CHAPTER SEC.
30. Nonmailable Matter_ ------------ ---------------- 3001
32. Penalty and Franked Mail ---------- -------------3201
34. Armed Forces and Free Postage -------------- -----3401
36. Postal Rates, Classes, and Service ------------------3601

CHAPTER 30.-NONMAILABLE MATTER
SEC.
3001. Nonmailable matter.
3002. Nonmailable motor vehicle master keys. 3003. Mail bearing a fictitious name or address. 3004. Delivery of mail to persons not residents of the place of address. 3005. False representations; lotteries. 3006. Unlawful matter.
3007. Detention of mail for temporary periods. 300S. Prohibition of pandering advertisements. 300.. Mailing of unordered merchandise. 010. Mailing of sexually oriented advertisements. 3011. Judicial enforcement.
3001. Nonmailable matter
(a) Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342. 1461, 1463, 1714, 1715, 1716, 1717 or 1718 of titlo 18 or section 2( of the Animal Welfare Act is nonmailable.
(1 r Excep as providetd in subection (c) of this section. nonmailable matter which reaches the office of delivery. or which may be seized or detained for violation of lawv. shall be disposed of as the Postal Service shall direct.
(e) (1) Matter which(A) exceeds the size and weight limits prescribed for the
particular class of mail: or
(B) is of a character perishable within the period required for
transportation and delivery:
is nonmailable.
(2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender.
(4 Matter otherwise legally acceptable in the mails which(1) is in the form of, and reasonably could be interpreted or
construed as, a bill, invoice, or statement of account due; but
(2) constitutes. in fact, a solicitation for the order by the addressee of goods or services, or both:
is nonmailable matter, shall not be carried or delivered by mail. and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typographyv. layout. or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe(A) the following notice: "This is a solicitation for the order
of goods or services, or both, and not a bill, invoice, or statement
(4I)






44
Of accounts due. You are under no obligation to make any paynents on a (B) in liu tlhereof, a notice to the same effect in words which
the P tal Service nay prescribe.
S) (1) Alny matter vhich is unsolicited by the addressee and which is designe, adlapted, or intended for preventing conce)tion (except uin-olicited samples therof mailed to a iinuitifacturer thereof, a dealer
thein1 3 1C ne @ 1111 OFi S sH "gon. or a nurse. pharminacist, druggist. hospital. or clinic) is nonmailable matter, shall not be carried or delivered 1Iby mail, and shall be disposed of as the Postal Service directs.
d iI -eP(-1S.
(2) Any unsolicited advertisement of matter which is designed, adap)te(l. or intendled for prevent ing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs unless the advertisement(A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse. pharmacist, druggist. hospital, or clinic; or
(B) accompanies in the same parcel any unsolicited sample
exce)ted by paragraph (1) of this subsection.
An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive.
(f) Except as otherwise provided by law, proceedings concerning the mailability of matter under this chapter and chapters 71 and 83 of title 18 shall be conducted in accordance with chapters 5 and 7 of title 5.
(g) The district courts, together with the District Court of the Virgirn Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of section 1716 of title 18. (Amended Pub. L. 91-662, Jan. 8, 1971, 6, 84 Stat. 1974: Pub. L. 92-191, Dec. 15, 1971, a 2, 85 Stat. 647; Pub. L. 94-279, 2, April 22, 1976, 90 Stat. 417.)
3002. Nonmailable motor vehicle master keys
(a) Except as provided in subsection (b) of this section, any motor vehicle master key, any pattern, impression, or mold from which a motor vehicle master key may be made, or any advertisement for the sale of any such key, pattern, impression. or mold, is nonmnailable matter and shall not be carried or delivered by mail.
(b) The Postal Service is authorized to make such exemptions from the provisions of subsection (a) of this section as it deems necessary.
(c) For the purposes of this section, "motor vehicle master key" means any key (other than the key furnished by the manufacturer with the motor vehicle, or the key furnished with a replacement lock, or any exact duplicate of such keys) designed to operate 2 or more motor vehicle ignition, door, or trunk locks of different combinations. 3003. Mail bearing a fictitious name or address
(a) Upon evidence satisfactory to the Postal Service that any person is using a fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, by means of






45
* the postal services of the United States, an activity in violation of
sections 1302. 1341, and 1342 of title 18, it may(1) withhold mail so addressed from delivery; and
(2) require the party claiming the mail to finish proof to
it of the claimant's identity and right to receive the mail.
(b) The Postal Service may issue an order directing that nmail. covered by subsection (a) of this section, be forwarded to a dead letter
office as fictitious matter, or be returned to the sender when(1) tie party claiming the mail fails to furnish proof of his
identity and right to receive the mail; or
(2) the Postal Service determines that the mail is addressed
to a fictitious, false, or assumed name, title, or address.
3004. Delivery of mail to persons not residents of the place of
address
Whenever the Postal Service determines that letters or parcels sent
in the mail are addressed to places not the residence or regular business address of the person for whom they are intended, to enable the person to escape identification, the Postal Service may deliver the mail only
upon identification of the person so addressed.
3005. False representations; lotteries
(a) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining" money or property through the mail by means of false representations, or i, engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery.
chance, or drawing of any kind, the Postal Service may issue an order
which(1) directs the postmaster of the post office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representative, is first notifiedl and given reasonable opportunity to be present at the receiving post office to survey the mail before the postmaster returns the
mail to the sender; and
(2) forbids the payment by a postmaster to the pei.-son or his
representative of any money order or postal note (iV8nl to the order of either and provides for the return to the revi ter of the
sum nam(d in the money order or postal note.
(b) The public advertisement by a person enii -e(I in activities
tv'-trii!ttac ies ma- be
covered by subsection (a) of this section, that it ma
made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the adveitiser. The Postal Service may ascertain the existence of the agency in any other legal
way satisfactory to it.
(c) As used in this section and section 3006 of this title, the terml
"representative" includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind.
(d) Nothing in this section shall prohibit the mailing of (1.) a newspaper of general circulation containing advertisements, lists of prizes, or information concerning a lottery conducted by a State acting under






46

authority of State law. pul)lished in that State, or in an adjacent State which conducts such a lottery, or (2) tickets or other materials concerning such a lottery within that State to addresses within that State. For the purposes of this subsection, "State" means a State of the United States, the District of ('olhnibia, the (Comnnonwealth of Puerto Rico, and any territory or possession of the United States. (Amended Pub. L. 93-583, 4, January 2, 1975, 88 Stat. 1916; Pub. L. 94-525, 2 Oct. 17. 1976, 90 Stat. 2478.)
3006. Unlawful matter
Upon evidence satisfactory to the Postal Service that a person is obtaining or attempting to obtain remittances of money or property of any kind thronughi the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing or is depositing or causing to be deposited in the United States mail information as to where, how, or from whom such a thing may be obtained, the Postal Service may(1) direct any postmaster at an office at which mail arrives,
addressed to such a person or to his representative, to return the
mail to the sender marked "Unlawful"; and
(2) forbid the payment by a postmaster to such a person or
his representative ot any money order or postal note drawn to the order of either and provide for the return to the remitter of
the sum named in the money order.
3007. Detention of mail for temporary periods
(a) In preparation for or during the pendency of proceedings under sections 3005 and 3006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postal Service and upon a showing of probable cause to believe either section is being violated, enter a temporary restraining order and preliminary injunction pursuant to rule 65 of the Federal Rules of Civil Procedure directing the detention of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings.
(b) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers. .3008. Prohibition of pandering advertisements
(a) Whoever for himself, or by his agents or assigns. mails or uses to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arouiisin, or sexuially provocative shall be qul)ject to an order of the Postal Service to refrain from further mailings of such materials to designated "~d(lresses thereof.
(b) Upon receipt of notice from an addressee that he has received such m ail n11Atfe. (leterlIinod 1)v the 1add)ssee in 1is sole d i;o'i, fo be of the character described in subsection (a) of this section, the Postl1 Service shall issuo an order. if requested by the addressee, to






47

the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees.
(c) The order of the Postal Service shall expressly prohibit the sender and his agents or assigns from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addresses from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange. or 'other tra nsaction involving mailing lists bearing the names of the designated addressees.
(d) Whenever the Postal Service believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service. after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, it is authorized to request the Attorney General to make application, and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice.
(e) Any district court of the United States within the jurisdicStion of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General. to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof.
(f) Receipt of mail matter 30 days or more after the effective
date of the order provided for by this section shall create a rebuttable
presumption that such mail was sent after such effective date.
(g) Upon request of any addressee, the order of the Postal Service
shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee.
(h) The provisions of subchapter II of chapter 5. relating to administrative procedure, and chapter 7. relating to judicial review, of
title 5. shall not apply to any provisions of this section.
(i) For purposes of this section(1) mail matter, directed to a specific address covered in the
order of the Postal Service. without dclesimation of a specific addressee thereon. shall be considered as addressed to the person
named in the Postal Service's order: and
(2) the term "children" includes natural Ahildren. tepchildren.
adopted children. and children who are wards of or in eustody of the addressee or who are living with such addressee in a regular
parent-child relationship.
3009. Mailing of unordered merchandise
(a) Excent for (1) free samples clearly and conspicuously marked
as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailince of unordered merchandise or of






48

C01111111111i("It 'wls pndlihitell hV '-III)SOction of this sect loll colic, t 1 f I I I T ',q (I (1 1) 1 C e
I I v! d'I t I I i) M I (If I* I e
A i( d III oll 0 f I of this
IiIIIII t 11P CXCOPIIkWs ('0111,t"'Od t1leveiii. iiiiv he tivated as
le 1. '11t Nv ll"Ivc the 1.*L 11' to ".M a" I'scard.,
o I* (IP 111' "11PI ('011-Ticilml< I tit(, ivcipieiil that lie inay
I Iv l I I I "I! I (I I -e I < I I I't i I i) i :i i r I I m s t I i e i- I (r] i t t o retain 11 I'd. (1*1'- ])() w 0 t in all\- iii,m iw i, 1w -ze(-, fit- Ai'thotit aiiv
ol)i i er to tll"
('C) No iiiailei, of ill v i-tivivIiandise niiiled in violation of subsection (a) (-)'I this sectioii. oi, within the vxcleption 4 coiitained therein, sli-Ill .l-i:!iI to ai)v recipient of -uch iiien- -handise a hIII for such mercl);)11(11 O 01, .1111' 117111j,pr coi!wmnicatioiis.
(d) Fw t1I(-), pm-pos(,c; of this section, "nnor(l ,iv(l meicliandise"
-itliout the prior exj)i'es.:;Od request or coll-ell! -rl!: I'ocipic nt.
3010. 11,-iRing of sexually oriented advertise)-lients
('0 A71 pel.- 011 1-010 D,),,)ils or causes to be wailed any sexiially 1 lwll rltiee on the envelope or covel- tllel.eof his the thereof and silell 111,111: 01. notleCk aS
t1w *C "'A'\ ice iiiay presei-lbe.
(b) Any person. on his, own belialf or on tLe hlialf of ai-ty of bis chil&en w1lo has not. attained the nye of 19, yeai-s 2nd who resides wifli 1):"il or is under his care, custody. or Stipervisioll. 111.1y file Avith the Servic(, i > atelnent. in suell form and juannei- a-, il-te Postal
111"11, t1l"'It he (10iii-es to receive no SeX11,111V ol'iented
thl 'Ji the ii-iails. The Postal Service shall i-naijitain
an(I (--ui-rent, in- :ofar as practi(,able, a, list of the nani('-s aild "id()k i .:IICII pei--',onc; and shall make the list, (includin(y portions tlieivof or flicivin) available to any person, upon such i'eason21)l(, fel'T-'Is "ITO conditions as it 111"UN, pilescribe. ineludinlrr the pal-ii-tent of chai-c-e it d-,terniii'w-, to be io defi'av the
oe
all(] l-liaiiiiiining t1w list and makiii it available
ill fli;s elltelle person sliall n,,ail or to be 111"Illed
"I -f X111; liv W.iellte(l a(lvel k'lnellt to "ITIV individual xhose n:inie and .1( '(1 I)c 00 davs.
I eii on t lie I I st f or vi o,,e t h an
(C) N"") p(.,rson slia.11 sell. lease., lend. exe1w.11"O. 01, license Ole Ilse of, or. except foi- the. purpose expressly authorized bv tlJs Section. use ,(IIIV Tfl,"iliTlLr li --t. compiled in wliole or in pait from the list maintained by*flie I Fe i-vice pursuant to this section.
(d) "Sexuallv oriented adverti (,,i-iient"' :)IAV "Idvelliserlent
ill "letn"ll Or form. or e-xj)IicitIv (les-r1hes. in a
pred,)j sexual context. limi-tan ger",illn. :mY act, of natural
intercom-se, any act of -:mlisiii (w or
4101, f'!'Otic -'Ilbj.ct, direefly relfiferl f"' fIlk 101' 11)1*olllff. ATnferiftl othprvi (, 'wlitliin flie, definition of this qub,;-!,ctiO!) zzlinll be, (I.-vined not to co-qtitilte q seviall v orielited if it eo'n!',titIIt ,,q wily
a, si!iall and inc i miiflc-(uA pirt of the w1lole of -, -ingrle eatalog, boo '. perintlical, or oflwT. ov, of ivli"Pli i.q not primarily
di'vote(I to QONklal Ill'Itt"'rs.






49

S3011. Judicial enforcement
V (a) Whenever the Postal Service believes that any person is miailing or causing to be mailed any sexually oriented advertisement in violation of section 3010 of this title, it may request the Atiorne- G(eneral to commence a civil action against such person in a district court of the United States. Upon a finding by the court of a vinlatio' of that section, the court. may issue an order including one or more of the following provisions as the court deems just under" le
circumstances:
(1) a direction to the defendant to refrain from'mailing any
sexually oriented advertisement to a specific addressee. to any
group of addressees, or to all persons:
(2) a direction to any postmaster to whom sexually oriented
advertisements originating with such defendant are tendered for transmission through the mails to refuse to accept such advertisements for mailing; or
(3) a direction to any postmaster at the office at which registered or certified letters or other letters or mail arrive. addressed to the defendant or his representative, to return the registered or certified letters or other letters or mail to the sender appropriately marked as being in response to mail in violation of section 3010 of this title, after the defendant. or his representative, has been notified and given reasonable opportunity to examine such letters or mail and to obtain delivery of mail which is clearly not connected with activity alleged to be in violation of section 3010 of
this title.
(b) The statement that remittances may be made to a person named in a sexually oriented advertisement is prima facie evidence that such named person is the principal. agent. or representative of the mailer for the receipt of remittances on his behalf. The court is not precluded from ascertaining the existence of the agency on the basis of any other evidence.
(c) In preparation for. or during the pendency of. a civil action under subsection (a) of this section. a district court of the United States. upon application therefor by the Attorney General and upon a showing of probable cause to believe the statute is being violated. may enter a temporary restraining order or prelimminary junction containincr such terms as the court deems just. including. but not limited to. provisions enjoining the defendant from mailing any sexually oriented advertisement to any person or class of persons. directing any postmaster to refuse to accept such defendant's sexually oriented advertisements, for mailinco. and directingr the detention of the defendant's incoming mail by any postmaster ponding the conelsion of the judicial proceedings. Any action taken by a court under this subsection does not affect or determine any fact at issue in any other proceeding under this section.
(d) A civil action under this section may be bround in t inticial district in which tie defendant resides, or has his irinI place
of business, or in any judicial district in which any sexually oriented advertisement mailed in violation of section 3010 ha been delivered'
by mail according to the direction thereon.
(e) Nothing in this section or in section 3010 shall be cnnstruedl as
amending, preempting, limiting. modifying, or otherwise in any way affectinI, section 14(-1 or 14(;' of title 19 or section 300(. .0, or :100 of this titieo.














CHAPTER 32.-PENALTY AND FRANKED MAIL
SE( 1.
3201. Definitions.
3200. Penalty mail.
3203. Endorsements on penalty covers. 3204. Restrictionson use of penalty mail. 3205. Accounting for penalty covers. 3206. Reimbursement for penalty mail service. 3207. Limit of weight of penalty mail; postage on overweight matter. 3208. Shipment by most economic means. 3209. Executive departments to supply information. 3210. Franked mail transmitted by the Vice President, Members of Congress,
and congressional officials. 3211. Public documents.
3 2 12. Congressional Record under frank of Members of Congress. 3213. Seeds and reports from Department of Agriculture. 3214. Mailing privilege of former President; surviving spouse of former President.
3210. Lending or permitting use of frank unlawful. 3216. Reimbursement for franked mailings. 3217. Correspondence of members of diplomatic corps and consuls of countries
of Postal Union of Americas and Spain.
3218. Franked mail for surviving spouses of Members of Congress. 3219. Mailgrams.
3201. Definitions
As used in this chapter
(1) "penalty mail" means official mail, other tban franked
mail, which is authorized by law to be transmitted in the mail
without prepayment of postage;
(2) "penalty cover" means envelopes, wrappers, labels, or
cards used to transmit penalty mail;
(3) "frank" means the autographic or facsimile signature of
persons authorized by sections 3210-3216 and 3218 of this title to transmit matter through the mail without prepayment of postage or other indicia contemplated by sections 733 and 907 of title 44;
(4) "franked mail" means mail which is transmitted in the
mail under a frank; and
(0) "Members of Congress" includes Senators, Representatives, Delegates, and Resident Commissioners. 3202. Penalty mail
(a) Subject to the limitatioiis imposed by sections 3204 and 3207 of this title, there may be transmitted as penalty mail(1) official mail of(A) officers of the Government of the United States other
than Members of Congress;
(B) the Smithsonian Institution:
(C) the Pan American Union;
(D) the Pan American Sanitary Bureau;






52

I) thle Initced Stats EploymIlent Service :a1d the svstin. of eiiiplvinen o1(' flices operated b)y N it Ill conifor11,Nit wlih t I )1Iis O-;0f -sect Ins 49 e -19, 4.9e-AI9k of t ItIe -29.
.a11d all st ate eniployiiieiitil S ,Nst ellls which) receive funds au1))o
priate'I 11I1(lQI' aut 1110r11 Yf tho se Se'ct wns: an1)d
V aivcoleg oflicer or Other. person) connected with
the extend. ion (lepartlwielt of thec collegLe as the Sertr of
A2Tick1lll~twu iiiv es;irliate to the lPostal1 Sevice to tile exPn
thant the oflkiia mail consist ts of cor-respondence, bulletinls.
11_iI reports fonr the fu-rthera-,nce of the pi-rpose of sections
24 -'8 and 34-1 1-8T ; of til f!
in relating~ to nnfutiibztM-on to h~e sent to the Jmmn-ioi'tion -Ail(I ailflli7atioli e''c by (lerl-ks of courts addressedl to the Iepartilnent of Justice or the Immigration and Naturalizationl Ser\vice, 01.'91nv official thlereof:
(8) ina relating to a collection. of statistics, survey, or censusq
aulthor)Iized I-)-\ tile 18" andl a(ldressed to the Department of Cornmerle bu Ilreall or agYency thereof; and
C! mail of State agrriculture experiment stations pursuant to
; ci,- "~25 and 361f of title 7.
(b ) A deatetor officer authorized to use penalty covers mlay enclose tiheim with return-1 address to anyi person from or thiroughi whom- officials inform-ation. is desiredl. The penalty cover may be used onlY to tr-ansmit the official. information and endorsements relating tIiel-e to.
47-) 11i'q section does iiot apply to officers who receive a fixed alloW,1n1we( TZ: eompellsation for their services including expenses of postac~e. i A-mended Puib. L. 94-553, 2113(e), Oct. 19, 1976, 90 Stat. 2399.)
32.03. Endorsements on penalty covers
(a) Except as otherwise provided in this section, penalty covers shall bear. over the words "Official Business" an endorsement showing thte name of the department., bureau, or office, from which, or offi cer from, whiom, it is transmitted. The penalty for the unlawful use of aill penalty covers shall be printed thereon.
(b) The Postal Service shall prescribe the endorsement to be placed on covers mailed under clauses (1) (E), (2), and (3) of section 2-202(a) of this title.
3204. Restrictions on use of penalty mail
(a) Except as otherwise i-rovicled in this section. an officer, executive department, or independent es-tablishment of the Government of the( U~nited States may not mail, as penalty mail. any article. or document unless(1 ) a reriiiest tlherefTor ha.,s been previously received by the de,partment or estalblislllnent; or
0~) ith miliivrs is required by law.
(l- 11l) -eet;o (a)~ of thlis section does not i-rohi~t the wltiling, Paz mewlht v in" (1, v a offioor, executive department, or ind~ependient

(I (11ul.ociiireq rensoniblv related to the subject matter of official correspondence;






53

(2) informational releases relating to the census of the United
States and authorized by title I3;
(3) miiatter concerning the sale of Government selurities;
(4) forms, blanks, and copies of statutes, rules, regulations,
instructions, administrative orders, and interpretations necessary
in the administration of the department or establistnient
(5) a'ricultural bulletins;
(6) lists of public documents offered Ior salfe )y fhe Sllperintendent of I)oenments;
(7) announcements of the publication of maps, 'atlases, and
statistical and other reports offered for sale by the Federal Power
Commission as authorized by section 825K of title 16; or
(8) articles or documents to educational institutions or public
libraries, or to Federal, State, or other public authorities. 3205. Accounting for penalty covers
Executive departments and agencies, independent establishments of the Government of the United States, and organizations and persons authorized by law to use penalty mail, shall account for all penalty covers through the Postal Service. 3206. Reimbursement for penalty mail service
(a) Except as provided in subsection (b) of this section, executive departments and agencies, independent establishments of the Government of the United States, and Government corporations concerned, shall transfer to the Postal Service as postal revenue out of any appropriations or funds available to them, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails by or to them as penalty mail under authority of section 3202 of this title.
(b) The Department of Agriculture shall transfer to the Postal Service as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clauses (1) (F) and (4) of section 3202 (a) of this title.
(c) The Department of State shall transfer to the Postal Service as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clause (1) (C) and (D) of section 3202(a) of this title. (Amended Pub. L. 93-191, 9, Dec. 18, 1973, 87 Stat. 745; Pub. L. 94-553, 2113 (e), Oct. 19, 1976, 90 Stat. 2599.) 3207. Limit of weight of penalty mail; postage on overweight
matter
(a) Penalty mail is restricted to articles not in excess of the weight and size prescribed for that class of mail receiving high priority in handling and delivery, except(1) stamped paper and supplies sold or used by the Postal
Service; and
(2) books and documents published or circulated by order of
Congress when mailed by the Superintendent of Documents.
(b) A penalty mail article which is(1) over 4 pounds in weight;






54

(2) not in exat of the weight and size prescribed for mail
matter: anti
(3) otherwise mailable;
i mailable at rates for that class of mail entitled to the lowest priority in handling and delivery, even though it may include written matter and may he sealed.
3208. Shipment by most economical means
Shipments of official matter other than franlked mail shall be sent by the most economical means of t ransi)ortation practilcahle. The Postal Service may refuse to acCelt official matter for shipment by mail when in its judgment it may be shipped byv other means at less expense, or it may provide for its transportation by freight or express whenever a saving to the Government of the Uniteihl States will result therefron without detriment to the public service. 3209. Executive departments to supply information
Persons and governmental organizations authorized to use penalty mail shall supply all information requested by the Postal Service necessary to carry out the provisions of this chapter as soon as practicable after request therefor.
3210. Franked mail transmitted by the Vice President, Members of Congress, and congressional officials
(a) (1) It is the policy of the Congress that the privilege of sending mail as franked mail shall be established under this section in order to assist and expedite the conduct of the official business, activities, and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official business, activities, and duties cover all matters which directly or indirectly pertain to the legislative process or to any congressional representative functions generally, or to the functioning, working, or operating of the Congress and the performance of official duties in connection therewith, and shall include, but not be limited to, the conveying of information to the public, and the requesting of the views of the public, or the views and information of other authority of government, as a guide or a means of assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter which is frankable specifically includes, but is not limited to(A) mail matter to any person and to all agencies and officials
of Federal, State, and local governments regarding programs. decisions, and other related matters of public concern or public service, including any matter relating to actions of a past or current
Congress:
(B) the usual and customary congressional newsletter or press
release which may deal with such matters as the impact of laws and decisions on State and local governments and individual citizens: reports on public and official actions taken by Members of Congress; and discussions of proposed or pending legislation or governmental actions and the positions of the Members of Congress on, and arguments for or against, such matters;
(C) the usual and customary congressional questionnaire seeking public opinion on any law, pending or proposed legislation,
public issue, or subject;






55

(D) mail matter dispatched by a Member of Congress between
his Washington office and any congressional district offices, or between his district offices;
(E) mail matter directed by one M-ember of Congress to
another Mlember of Congress or to representatives of the. locislative bodies of State and local governments,
(F) mail matter expressing condolences to a person who has
suffered a loss or congratulations to a person who has achieved
some personal or public distinction;
(G) mail matter, including general mass mailings, -which consists of Federal laws, Federal regulations, other Federal publications, publications purchased -with Federal funds, or publications
containing items of general information;
(HI) mail matter -which consists of voter registration or election information or assistance prepared and mailed in a nonpartisan manner;
(I) mail matter which constitutes or includes a. biography or
autobiography of any Member of, or Member-elect to, Congress or any biographical or autobiographical material concerning such Member or Member-elect or the spouse or other members of the family of such Member or Member-elect, and which is so mailed as a part of a Federal publication or in response to a specific request therefor and is not included for publicity purposes in a newsletter or other general mass mailing of the Mkember or. Member-elect under the franking privilege; or
(J) mail matter which contains 'a picture, sketch, or other lienssof any Member or M-ember-elect and which is so mailed
as a part of a. Federal publication or in response to a specific request therefor and, when contained in a newsletter or other
genralmass mailing of any Member or Mfember-elect. is not of
such size, or does not occur -with such frequency in the mail matter concerned, as to lead to the conclusion that the purpose of such picture sketch, or likeness is to advertise thie.Member or Memberelect rather than to illustrate accompanying text,.
(4) It is the intent of the Congress that the frankingr privilege under this section shall not permit, and may not be used for, the transmission through the mails as franked mail, of matter which in its nature is purely personal to the sender or to any other person and is unrelated to the official business, activities, and duties of the public officials covered by subsection (b) (1) of this section.
(5) It is the intent of the Congress that a Member of or Memberelect to Congress may not mail as franked mail(A) mail matter which constitutes or includes any article,
account, sketch, narration, or other text laudatory and complimentary of any Member of, or Member-elect to, C:ongress on a purely personal or political basis rather than on the basis of performance of official duties as a Member or on the basis of act ivities as a Member-elect;
(B) mail matter which constitutes or includes(i) greetings from the spouse or other member's of the
family of such Member or Member-elect;






16

(ii) reports of how or when such Memlber or Member-elect,
or the spouse or any other member of the family of such Member or MAlember-elect, spends time other than in the performance of, or in connection with, the legislative, representative, and other oficial functions of such Member or the
activities of such Member-elect as a Member-elect; or
(iii) any card expressing holiday greetings from such
Member or Member-elect;
(C) mail matter which specifically solicits political support
for the sender or any other person or any political party, or a vote or financial assistance for any candidate for any public office; or
(D) any mass mailing when the same is mailed at or delivered
to any postal facility less than '28 days immediately before the (late of any primary or general election (whether regular, special, or runoff) in which such Member or Member-elect is a candidate for public office. For the purpose of this clause (D), the term "mass mailing" shall mean newsletters and similar mailings of more than 500 pieces in which the content of the matter mailed
is substantially identical but shall not apply to mailings-(i) which are in direct response to minquiries or requests
from the persons to whom the matter is mailed;
(ii) to colleagues in Congress or to government officials
(whether Federal, State, or local) ; or
(iii) of news releases to the communications media.
The House Commission on Congressional Mailing Standards and the Select Committee on Standards and Conduct of the Senate shall prescribe for their respective Houses such rules and regulations and shall take such other action, as the Commission or Committee considers necessary and proper for the Members and Members-elect to conform to the provisions of this clause and applicable rules and regulations. Such rules and regulations shall include, but not be limited to, provisions prescribing the time within which such mailings shall be mailed at or delivered to any postal facility to attain compliance with this clause and the time when such mailings shall be deemed to have been so mailed or delivered and such compliance attained.
(b) (1) The Vice President, each Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the elected officers of the House of Representatives (other than a Member of the House), and the Legislative Counsels of the House of Representatives and the Senate, may send, as franked mail, matter relating to their official business, activities, and duties, as intended by Congress to be mailed as franked mail under subsection
(a) (2) and (3) of this section.
(2) If a vacancy occurs in the Office of the Secretary of the Senate, the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), or the Legislative Counsel of the House of Representatives or the Senate, any authorized person may exercise the franking privilege in the officer's name (luring the period of the vacancy.
(3) The Vice President, each Member of Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, and each of the elected officers of the House (other than a Member of the House), during the 90-day period immediately following the date on which






57

they leave office, may send, as franked mail, matter on official business relating to the closing of their respective offices. The House Commission on Congressional Mailing Standards and the Select Committee on Standards and Conduct of the Senate shall prescribe for their respective Houses such rules and regulations, and shall take such other action as the Commission or Committee considers necessary and proper, to carry out the provisions of this paragraph.
(c) Franked mail may be in any form appropriate for mail matter, including, but not limited to, correspondence, newsletters, questionnaires, recordings, facsimiles, reprints, and reproductions. Franked mail shall not include matter which is intended by Congress to be nonmailable as franked mail under subsection (a) (4) and (5) of this section.
(d) (1) A Member of the House may mail franked mail with a simplified form of address for delivery(A) within that area constituting the congressional district
from which he was elected; and
(B) on and after the date on which the proposed redistricting
of congressional districts in his State by legislature or judicial proceedings is initially completed (whether or not the redistricting is actually in effect), within any additional area of each congressional district proposed or estab ished in such redistricting and containing all or part of the area constituting the congressional district from which he was elected. unless and until the congressional district so proposed or established is changed by
legislative or judicial proceedings.
(2) A Mkember-elect to the House of Representatives may mail franked mail with a simplified form of address for delivery within that area constituting the congressional district from which he was elected.
(3) A Delegate. Delegate-elect. Resident Commissioner, or Resident Commissioner-elect to the House of Representatives may mail franked mail with a simplified form of address for delivery within the area from which he was elected.
(4) Franked mail mailed with a simplified form of address under this subsection(A) shall be prepared as directed by the Postal Service: and
(B) may be delivered to(i) each box holder or family on a rural or star route:
(ii) each post office box holder: and
(iii) each stop or box on a city carrier route.
(5) For the purposes of this subsection, a congressional district includes, in the case of a Representative at Large or Representative at Large-elect. the State from which he was elected.
(e) The frankability of mail matter shall be determined under the provisions of this section by the type and content of the mail sent. or to be sent. Notwithstanding any other provision of law. the cost of preparing or printing mail matter which is frankable under this section may be paid from any funds. including, but not limited to, funds collected by a candidate or a political committee required to file reports of receipts and expenditures under the Federal Election Campaign Act of 1971 (Public Law 92-225). or from voluntary newsletter funds. or from similar funds administered and controlled' by a Member or bv a committee organized to administer such funds.
-22'3-76-5






58
(f)Noti1st1ndrg anyi othierl provision of F~ederabd State. or- local lawv, or am- reguliat(in thereundi~er, the equivalen(,]t amllounlt of po#1ge (letermine11(d under section :32106 of this title on franiked mnail mailed un1(ler the fran:1k of the Vice Presden or a MfemberxI of ('ongtre,pS and the cos~t of pI'epa ,11ri ()r printingt SuICh frankaible matter for such mailing ~ ~ ~ 1,1 une h rnk hllio't be coni.'dered ais at contribution to, or an1 expl-Aldture by. the Vice P~resident, or a Mfemlber of (Nng1(ress for the purpose-'( of .111rinnim an11ini tat ion on expenditures o(-' Ontribuiti10115 with l1'-s)e(ct to Ziliy such official, imposed by any Iledera-l. State, or- local law or recrulatI0n., ill connlection with any campaign of such ofi-cial for Plelc](o to anyv Federal office. (Amiended Pub. L. 92-51, W .10111ulv9 1971,. 85Stat. 132: Putb. IL.9-91 1, Dec. 18, 1973,.87 Stat. 7:))7 Pubh. L. 91-17 7, 1(1)), Dec. 2'. 197-5, 89 Stat. 10,32.) V.8211. Public documents
Tlr I \j ce Pres'Idenlt. Mem11bers of)! Congrevss. the Sceryof the (,ii:ife, the Sergean4it ait Armns of thie '-enate. veh of the elected officers of the House of ERepres--entatixres (other than a Member of the House) until the first day of April following the expiration of their respective terils of d lmY Senld ani(l receive as fr-ankled mail all pubillic docuIncle~Sl"rnt l~v order oif Congress. (Amendedl Pub. L. 93-101. 2, !X'c. 1. 1977 Stat. 71.
8212. CongL-r-v.sional Record un der frank of Members o f Congress
(a ) em rsof (Coiiress inay send theCogesnaRerds frank ed 3,~ IL.
(b) Mmesof Congress may send, as franked mail, any part of, or- a reprint of any part of, the Congressional Record, including
speehesor reports contained therein, if such matter is mailable as franIked iil under section 3210 of this title. (Amended Pub. L. 9.319 1. 2. Dec((. 18, 1973, 87 Stat. 741.) 321.3. Seeds and reports from Department of Agriculture
>eec(ls and aczricultom reports emanating from the Departmenlt of
A 5.rrv~ltl urn 114maifled!Ia- 1)(I1:lty imiil by the Secrtary of Agvricultuive and
i) untiil Ole 11 hI~ivth fl3av of June following thie eprtOf tirterns ol o),hc"e, as franked mail by Members of Congresq. 3_8214. M: ailingr privite-ge of former President; surviving spouse of f ormer P"resident
A frmr reidntanld thesuviigpos of a former President urn 1tV seii7fl1)O1 1Vi ifil u w1*ii thle Uniited States and its ternito.-es and1( "ossi~ns frankedl mail. Such mail of a fou'mer Presi(lenit and1( of Cie survivingr spouse of a former President marked "Posta "e a(l Fees- Paid" in the iimnnr prescribed l)y th~e Postal Services shal0b aC(elTted by the Pos tal Service, for transmiss-ion in the interfl81 joal mail Amnded Pub. IL.9-91 4, Dec. 18, 1973, 87 Stat.

T 2153. Lendling or permitting use of frank unlawful Ape~rson~ enititled( to uwe frank mnay not lend it or permit its Ilse bY aniYcmite or 'ganizaition, or association, or permit its use by any- person for the benefit or use of any committee, organization, or






59

* association. This section does not apply to any standing, select, special, or joint committee, or subcommittee thereof, or commission, of the Senate. I-louse of Representatives, or Congress. composed of Members of Congress, or to the Democratic caucus or the Republican conference of the House of Representatives or of the Senate.
(Amended Pub. L. 93-191. 10, Dec. 18, 1973. 87 Stat. 746.)
3216. Reimbursement for franked mailings
(a) The equivalent of(1) postage on, and fees and charges in connection with. mail
matter sent through the mails(A) under the franking privilege (other than under
section 3219 of this title), by the Vice President, Members of and Members-elect to Congress, the Secretary of the Senate. the Seroeant at Arms of the Senate. each of the elected officers of the House of Representatives (other than a Member of the House), and the Legislative Counsels of
the House of Representatives and the Senate: and
(B) by the surviving spouse of a Member of Congress
under section 3218 of this title; and
(2) those portions of fees and charges to be paid for handling
and delivery by the Postal Service of Mailgrams considered as
franked mal1 under section 3219 of this title:
shall be paid by a lunp-sum appropriation to the le-islative branch for that purpose and then paid to the Postal Service as postal revenue.
Except as to Mailgrams and except as provided by sections 733 and 907 of title 44. envelopes, wrappers, cards, or labels used to transmit franked mail shall bear, in the upper rigoht-hand corner, the sener"s
signature, or a facsimile thereof.
(b) Postage on. and fees and charges in connection with. mail matter sent thromzh the mails under section 3214 of this title shall be paid each fiscal year. out of any appropriation made for that purpose, to the Postal Service as postal revenue in an amount equivalent to the postage. fees. and charges which would otherwise be payable on. or in
connection with, such mail matter.
(c) Payment under subsection (a) or (b) of this section shall be
deemed payment for all matter mailed under the frank and for all fees
and charges due the Postal Service in connection therewith.
(d) Money collected for matter improperly mailed under the franking privilege shall be deposited as miscellaneous receipts in the general fund of the Treasury. (Amended Pub. L. 92-51, 101, Jiuly 9.
1971, 85 Stat. 132; Pub. L. 93-191, 7. Dec. 18, 1973. 87 Stat. 745; Pub.
L. 93-255, 2(a), March 2-7, 1974, 88 Stat. 52.)
3217. Correspond ence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain
Correspondence of the members of the diplomffatic corps of the countries of the Postal Union of the Americas and Spain stationed in the United States may be reciprocally transmitted in the domestic mails free of postage, and be entitled to free registration without right to indemnity in case of loss. The same privilege is accorded consuls and vice consuls when they are discharging the function of consuls of countries stationed in the United States, for official correspondence among
themselves, and with the Government of the United States.






60

3218. Franked mail for surviving spouses of Members of
Congress
IUpon the death of a Member of Congress during his term of office, the surviving spouse of such Member may send, for a period not to exceed 180 days after his death, as franked mail, nonpolitical correspondence relating to the death of the Member. (Amended Pub. L 93-191 11, Dec. 18, 1973,87 Stat. 746.) 3219. Mailgrams
Any Mailgram sent by the Vice President, a Member of or Memberelect to Congress. the Secretary of the Senate. the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), or the Legislative Counsel of the House of Representatives or the Senate, and then delivered by the Postal Service, shall be considered as franked mail, subject to section 3216
(a) (2) of this title, if such Mailgram contains matter of the kind authorized to be sent by that official as franked mail under section 3210 of this title. (Added Pub. L. 93-191, 12, Dec. 18, 1978, 87 Stat. 746.)











CHAPTER 34,.-ARMED FORCES AND FREE POSTAGE
SEC.
3401. Mailing privileges of members of Arined Forces of the United Stlates ind
of friendly foreign nations.
3402. Alailing privileges of members of Arnied Forces of the Vilited state" '111d
of f friendly f orei gn iiations in the Ctaiml Zone. 040iL Alatter for h1fild and other handical)l)e(l per,,oiis. 3404. Vii,,,etaled letters sent by blind or phy.sically 11"111(liclipped persoll"-, 3405. Markings.
0 r')
3401. Mailing privileges of members of Armed Forces of the
United States and of friendly foreign nations
(a) Lettej- inail or soun(l-recoi-ded comintuilcatimis lia6lity 01,P (-])(,I I-lacter of pei--,oiial cot-respoiideiwe S11'all be, ctarrlo(l. -,it 110 cost to the, sender, if flie inaiiner provided by this section, wheii nailed by
(1) 'a inember of the Arined Forces of -11-he T-inted Staies on
active duty, as defined in section 101 (4) and (222) of title 10, and addressed to a place Avitinn flie de]IN-erx- limits of a T-nited
States post office, if(A) suich lett(,,,,- uAtill oi- soiuid-i-e( (wded comintmication Is
I ile(I lw flie inemb,'i
-.At an Arined Force.s post office, established in ,In oi-en,;eas area. as desiziulted bY the Pi-esideiit..
whe-re the, 2Vrmed Forces of tli(, T-iiited ;h)tes aiv en(rao-ed In action a(rainst, (an ellelliv of the I mte(l States. eiwao-ed In 111ilital'-V operatiolls ilix-OIN-111" thrilled collf-liet with (a Ilostile, for(11(91 force. oi- serx-1w w*th ,t fi-*em Iv foiv'(rii foi-ce, In 'All
-i,, -)nflict in wli*ch the I-11*ted States Is no+ a
01,
(B) the nieuil)er is hospitalized III a fiacilitv mider flie
jurisdiction of t1w Armed Forces of t1w Vjilte(i tates as (a result of disease oi- iiijit-1-Y iiicurred tis a result of service in an overseas area desio-iiated I)v the Presideiit mider clause
(A) of this para,(Xi-ap I I: oi0) a, 114ellIber of (,In ariiied foi-ce of a friewlIN- foivi(m ii.01011
at, an _Xrmed Forces post office and ad(lressd to :i pfiace, Avit In the delivery limits of a T-itited States post office. oi- a post office of'
the nation in wbo e tired Tot-ces the seiidei- is a member, If(A) the llien-iber is accorded free niallill!:) pri6leges by Ills
olvil (roAX11111111elit:
(B) tfie. forol(-n i),,atlon extend,-; similtir fi-vo mallim).
le,(xes to a menibei- of the Armed Forces of t1w 1-inted States sei.6111(y with. ol. ill. "A unit 1111del'. t1le. coliti-ol of a colmlialld of
that foi-ei(rn ii, tioii:
(C) the menAber is sem-ing witli. ()I- iii. a imit mider tli(,
operational control of a command of tfie kj med Folve-; of tfie
IVnited States



,q I 2:1. 7 C G






6* 2

DI) sm-1h ltte' Iiiail or sounid-recor-ded comuiiiiuic~at ion is

(I) at anT ArmledI I"'mvrc s Ot )flici estalblishled III anl
OV(TCrMa iea. (P, (1e'igiltcl l)v t he( Pres1(idet, whore the(
'Arilled F',orces- of the1 I ii"te(l ;tte I,(e -iod i atio
against anti enemyv ofI the i nited tts eggdii ii
hil' 10)eratins involving armied voniflict with a hos tileo foreign~ forc-e. or Servingl~ wNith a1 f-ienlyN foIrin forcey ill anI armed con~flic't in 'which the UlIite States is not a1
bell igerent -, or
*( ii) whilee hoslpitalizecl inl a facilit v under the( jurisdict ion of the(, Armed Forces o)f the( United S%.tates as a result of disema e 0r11N. injurY Indr(ld as a result of services inl an1 oversea11s areva designated by the P1residlent under clause
(D)) (i) of this paragraph;: and
( E) the(, nation inl whose armed forces the sender is a mnember has a rreed to ass une all international p postal traniSjortat ion (ha rges Inurred.
b) Here. shall b~e transported bi air. between Armed Forces I)o ,t offices which are located outside the 48 contiguous States of the United States or between any such Axiiied Fiorces p~ost office and the point of eiT1ilbarkatioll or debarkation within the I united States, t he territor-ies and possessions o)f the I iiitedl Sttes iii the P~acific area, the C0ommon01wealth of Puterto R~ico. the Virgin Islands or the ("anal Zone, onl a space available b~asis. onl scheduled United States air carriers at rates- fixedl alid dleterminedl by the( (ivil Aeronauitics Board in accordance with section 1376 of title 49, the following categories of mail matter:
(1) (A) letter mail. or somnd-rcordled communications having
thle chlaiacter of lpeisomil vorresl)ondence,
( B) parcels not exceedling L) pOiiildls inl -weight anld GO) inches inl
lgth and girth combined: and
(C) publications entitled to a periodical lpublicationl rte pubIliedl once each week or more frequently and featur'ing pr"incoipallx' current nesof interest to mieiinbev.- of the Armned F~orces
and~ the general publiC,
which are mailed at or addressed to anyv suchi Armed Forces post office
(2)~ ~ ~ ~~ I)i1 mitecelig~ pounds lit weight and 1lo) inches
inl length an(x ir-th combined. which ame mIailedl at any suvh Armied
Forces Pos5t office; and1
G)) pacl exceeding .I. pounds bult not exeedinig TO) 1)01111(1 in
Weight, and~ not exceedling 100) inches lin length and girth co(inIbined, including surface-type official mail, which are mailedI at or addressedl to any11 such Armed F~orces p)ost office where adequate
courf ace trahlspl)Otation is not aIvatilal)le.
Whenever adequate service by scheduled I nitev States -li i carriers is not available to provide tranlspor-tation of mail11 mnatteir by alir inl accordance With this Siibs evtioji, the traiislortatioti of such I la be aiuthorized by other than scheduled United States air carri-er'S.
(c) Any parcel. other than at parcel mailed alt aI 1,'ate ofpotg
r11ji ring p~riority of handling ranld deli very, not exceeding r,) pl)lnlS' Inl






63

weight and 60 inches in length and girth combined. which is mailed( at or addressed to any Arned Forces post office established imi(ler sect ion) 406(a) of this title, shall be transported )by air on a space available basis onil scheduled iiited States air carriers at rates fixed( and (letermnined by the Civil Aeronautics Board in accordance with section 187 of title49, upon payment of a fee for such air ta isportation im addition to the rate of postage otherwise a)pp)licable to suc a p1arcel not tiraiisto t, rat ofle~ue ('ie ,4ttsa"
ported by air. If adequate service by scheduled iited States air carriers is not, available, any such parcel nuay 1)e transporte( )y air
carriers other than scheduled United States air carriers.
(d) The Department of D)efense shall transfer to thie Postal Service
as postal revenues, out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, twhe equivalent ant()lit of postage due, as determined by thie Postal Service, for miattetr s(,ent
in the iimails under authority of subsection (a) of this section .
(e) The Departmnent of Defense shall transfer to thle Postal Service
as postal revenues, out of any appropriations or funds available to the Department of D)efense, as a necessary expense of thle aplprop'iations or funds and of the activities concerned, sums equal to twhe expenses incurred by the Postal Service, as determined by the Postal Service, in providing air transportation for mail mailed at or addressed to Armed Forces post offices established under section 406 of this title.
but reimbursement under this subsection shall not include the expeniise of air transportation (1) for which the Postal Service collects a special charge to the extent the special charge covers the additional explense of air transportation or (2) that is provided by the Postal Service at the same postage rate or charge for mail which is neither mailed at
nor addressed to an Armed Forces post office.
(f) This section shall be administered under such conditions, and
under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe. (Amended Public Law 9-469. Oct. (;G.
1972., 1. 2 86 Stat. 782.)
3402. Mailing privileges of members of Armed Forces of the
United States and of friendly foreign nations in the
Canal Zone
(a) For the purpose of section 3401 of this title, each post office in
the Canal Zone postal service, to the extent that it provides a il service for members of the Armed Forces of thle United States and of friendly foreign nations, shall b)e considered to be an Arnmed( Forces
post office established in an overseas area.
(b) The Department of Defense shall reimburse the postal service
of the Canal Zone. out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due. and sums equal to the expenses incurred by. the postal service of the Canal Zone. as determined by the Governor of the Canal Zone, for matter sent in the mails, and in providing air transportation of mail, under section 3101 of this title.

0






64
AM%
3101- !Nlatter of blind and other handicapped persons
(.1) T-he Im-ttel. dt'sc 1-i lw(l ill SlIb"ection (b) of t1lis section (other 111,111 Ill-Itter 11111iled Illidel. vctioll 340 of this tith") be. Illallc(t
of post-I(re, if(1) the ill-Ittel. is for Ole w c of the Hilld or othel. per's-olls
NNIlo carillot usu or Ivad convelitioll'.111N. prilitet'l Illatel-11,11 because of ta p1l),sict11 impall-111clit :111d NN-lio '11-e cel-tified 1) v com petent
alltlloi-ItV 'IS 1111'alAv to reml flot-111-11 readill.r Ill-,It( 11
V': I ill '-Iccord-11we witli t1w provisions of sections 1:1-)a alld 1:' 1) of t it le 2,
(2) no clim-g-V. or rentzil. sul)- (-mptioll. or otlier fee, is require(I
I'm. SII(-11 IlIzItter or .I (.11'.11.1ge. or i-ent:11. sitbseription, or other fee.
is required for ucli matter not ill excess of tlIv co"t thel-e0f;
t1le 111"1\- J)V ol)elle(l J)V t1le, 1'()St jl I for inspect-ion; "Ilid
( 1) the matter (1011fitin.,i no advertisiii,r.
(b) free im-111111tr pl-l\-tlv'()'O PlIOX-lded bv '41lbse-ction (a) of t1lis
sc(-t Ion is extellded to(1) re-Ilding matter .ind music-A scot-es;
(2) Sollild repl-oductiolls:
(.3) paper, recot-ds. tapes. mid other materitil for the production
of retiring mtttt(- r musictil scorc s. or sound re roductiolls;
(4) reproducei-s or 1)-u-ts tliereof. for soun(I reproductions; "llid
bt-tulle writers. typewriters. educt-itiontil or other Ill,'Atel-i'Als
or devices, or J)"11-ts t-1101'e0f '. used for writing by, or specificallY designed or tidapted for u-se of, -.I blin(I person or ,I person LIN-111(jr a physical imp-ttirment, Its described in subsection (-,,1) (1) of t1lis
sect i OIL
3.104. Unsealed letters sent by blind or physically handicapped
persons
T-w-ealed letters sent bv a blind person or a person leaving ,I physical. ill lp"l I riilent, (,is describe l ill section 3403(a) (1) of this title. ill ;-"llse(l (11'.11--leters or si(Altstlvill(r h-pe. or ill the form of Sound rvcordlll" lluty be 111"liled f ree of post.u're.
3-105. Markings
All matter rotating to blind or otlier lit-Andictipped persons 7mliled mider section .3-103 or 3404 of this title, sliall be-(ir the words "Tree, Matter for flie, Blind or Handicapped", or words to that effect. specified I)v tjl(, Posfill, Service. ill flie lippol. right-1),111d col-Ilel. of the 'Iddre"













CHAPTER 36.-POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I I'( STAL RATE M 1S O
SE-C.
3601l. Establishment.
3602. rrernis of office.
36303. Rules: regulations: procedures.


SUBCHAPTER II-PERMNA'NENT RATE'S ANI) CLASSES OF 'MAIL, 13q21. Authority to fix rates and classes. 1622. Rates an~d fee"s.
:3623. 'Mail clasi flea tP n. 36524. Recommiended decisions of Comlmission. :36*25. Action of the Governors. .36 26. Reduced rates.
:3627. Adjusting free and reduced rates. 3628. Appellate review.

SUBCHAPTER 111-TEM-\PORARY RATES AND CLASSES 36341. Temporary changes in rates and classes.

SUVBChIAPTER IV-POSTAL SERVICES AND COM.NPLAI1NTS;36631. Postal services.
364i2. Rate and s-ervice complaints.
SUBCIIAPTER -\--4-'ENERAL, 36381. Reimbursemenmt.
3GI 2. Size and weight limits. C)S,3. Uniform rates for books : flims : other materials. 3fI-4. Linitationsz.
36s5 Filinig of information relating to perio~dical publica tionls.

SUBCH1APTER1 I-POSTAL RATE U )M-MISSJO'N

3601. Establishment
(a) The Postal Rate Comimiss-ioni is: all indep~end~ent estalhli- liiiient of the executive branch of the Government of the U-nited s-tates. Ihle C ommission is composed of .5 Commnissioners. appointed hvy thie 1Mvsident. by and witli the advice anld consent of thle -;enate. Th'le ( toinminls1 1oners shall be chosen onl the laa is of their professional (lual ificat iOns' and mnay be removed- by the 1'l-esilent on-ly for caluse. -Not iitore ha : of the C'ommissioniers may I ie adhieroit-- 411 tile sa ilie po0] i ra1 1)li
(b) A Conmu 1 ssionler milay con1tinlue to serve J'Iter thle e1xi )1 vtl 0o I ills termn until Is lce~ ithas q1ualified1. except t at a ( 01111, I Olc uIvx not so Continue to Serve for more than 1 Year after- the late upon whihel Is termn otherwise Wvold exp~ire under sect ioni 360- of 41)1 ii Vit le.
C) One of the ('onmstoners shall be 1le-Jgnated as ( 'ialiriiita h v. anml shlall serve in the position of Cliai iniaii ait tile lpleaS m off4). ; Iw~ President.








(d 'IiThe (ConIII)isslonlers shiall byN majority vote designate a Vice ('i1alIrmanl of thel (ouiI*sion1. Th'le Vice Chairmani shall act as Chair11 an of' he j( 1"oniiission iii t he absence of the Chiairm.11 A liiened publ.. L. 94-421. 3 Sept. 24, 19'6. 90 Stat. 1304.) 3602. Terms of office
The ('olnllsslionerns of thec lPo-,til Pate (Xniiiiiis:.ilonI ,hall serve for tei is of 6 N'ea11r1s eXCel)t tila~t(1) the termIIs of thle (tOIInnissioners first, taking office Shall
expire ft., designated by the president at 1hw tlime of appointmient, I at thie end of 20 years. 2 at the end of 4 yea vs, and 2 it, the end of
6 Na.s.fllwngi appointment. of thle first of thien1 ; 1and(
(2) any ('oinutilsier appointed to fill a. Aacancily occurringt'
h elore thet e'xpirat ion of I lie termi for which his Ipredec'e&Sr 'was
appointed shaill s('i'V for the remnaindier of such term. :1)603. Rules-, regulations; procedures
'[Ihe P ostal Rate ( oiiiisionl shall protituilgate ruIles anldrgia
t ioiis and e'-4alisli procedul1res, sidjl~jt, to chapters 5and 4'of title 5 and( take any oilier action thiey deTiiem esr andI proper to carry
()ut their fuinctionis and obligations to the Govei'rnent of thle UnIited( States wid thie people- as jpreseriled und1(er this chap~ter. Suchi rules. i efrilat.IOns. prOCledures. and actions- slial1 not be- subject to anmy
chaiir or!1luervlslon byv the Postal Service. 3604. Administration
(a) The Chairmani of the(, Iostal] Rate (Commission shall be the lwiincilpal executive officer of thle, Commission. The Chairmanm shall elercise or, direct the(- exercise of all the executiv-e and administrative fimeit ions of the Conmmission, including functions of the Co-mission WNith respect to ( 1) the appointment of p~ersonniel employed under' thle ('oniitission. except that the appointment of heads of major 'adilinisI ratiye units 1111(er the Commission shall require the approval of a iiiajority of tile members of the Commiission, (2) the supervision o)f thle personnel emp~loyedl under the, Commission and tile distribution, of business aniono' then ,fnd among the Commissioners, and: (3) thle use ti(] expenlditur~e of fluids.
(b) Tin carrying out 4any of his functions nuder this sveftion. the (1 I rma11-n Shall be governed by7 tlie, general poi icies of the Coinll ssionl.
(e) The Chairmilan may obtain, suich facilities and supplies ats ilay 1)e necessary to permit the Coimmissioni to carry out. its functions-. Akny officer or employee appointed under thlis -se'ctionj shall be paid at rateI'S of compensation and shall be entitled to prgai offering employ*-e leenetjts estallisliedl unde(r chapter 10) or chapter 12 of tis title, its

(d) (1) The Contmssion shatll p~eriodlically li(prpare anwl siibiitit to the Postal Service a liulget, of the Comlission's expenses, includiiunz. 1hut, not limited to. expenses for facilities, supplies, compensation, 811I(1 ('inployt'e benefits. Viim bnlget shiall be considered approved(A) as, submitted if tile Gov-ernors fail to act in accordance
withi sublplaramra1)h (B1) of this paragraph : or
(B) as adjusted if the Governors liololing office, by unaniiious writtenl decision, adjust the total amount of money requested
in tile budget.






67

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. (Amended Pub. L. 94-421.
4. Sept. 24, 1976, 90 Stat. 1305.)
SITBCIALPTER II-PERALNENT RATES AND CLASSES OF MAIL
3621. Authority to fix rates and classes
Except as otherwise provided, the Governors are authorized to establish reasonable and equitable classes of mail and reasonable and equitable rates of postage and fees for postal services in accordance with the provisions of this chapter. Postal rates and fees shall be reasonable and equitable and sufficient to enable the Postal Service under honest. efficient, and economical management to maintain and continue the development of postal services of the kind and quality adapted to the needs of the United States. Postal rates and fees shall provide sufficient revenues so that the total estimated income and appropriations to the Postal Service will equal as nearly as practicable total estimated costs of the Postal Service. For purposes of this section. "total estimated costs" shall include (without limitation) operating expenses, depreciation on capital facilities and equipment. debt service (including interest, amortization of debt discount and expense. and provision for sinking funds or other retirements of obligations to the extent that such provision exceeds applicabl)le depreciation charges). and a reasonable provision for contingencies. 3622. Rates and fees
(a) From time to time the Postal Service shall request the Postal Rate Comnmission to submit a recommended decision on changes in a rate or rates of postage or in a fee or fees for postal services if the Postal Service determines that such changes would be in the public interest and in accordance with the policies of this title. The Postal Service may submit such suggestions for rate adjustments as it deems suitable.
(b) Upon receivinir a request. the Commission shall make a reconmendled decision on the request for changes in rates or fees in each class of mail or type of service in accordance with the policies of this title and the following factors
(1) the establishment and maintenance of a fair and equitable
schedule;
(2) the value of the mail service actually provided eachll class
or type of mail service to both the sender and the recipient, including but not limited to the collection, mode of transportation.
and priority of deliver :
(3) the requirement that each class of mail or type of mail
service bear the direct and indirect postal costs attributable to that class or type plus that portion of all other costs of the Postal
Service reasonably assignable to such class or type:




6G

t1 lit, effect of rate iiit'x' 1-s upon thle g"'eneral public. busi!1C8 tiji sesaitel-Ii-4-S III t IeI l1. vat c s&vto o.()f thI e ecou
M0 111 eivrawe -Ikt1 ntilew del Ive rv if lan Ii hI Int ti crot her. tHui il tte1' :
(I) th va ilabl)e v, lt e I'lIflt I v(vI ni eat II f senin an I (e'1eiv:uIg (
lctt'111id o1 her 11ail limatter at Ivned)Ilhle costs:
()th degre ol p'epIit H Io of I IaI'l Ifor' delivery ilito thle
)(,t al I vsY-t eI Iw pr fonuII ed byv I le 11 miltci' and( it s e ffect upo1 )0heI 1ll~I 0 co-. s to t he I 'ostalI se rviWOe
( 7' 11111 iti v of stihictutre for thie entire schiedule and siiiplle.
idleitilial~e r'ltioflhip)5 letweenl thle rates 0m' fees Chiarged the
various cda> "es of, mail for postal Services;
( -S) V lie e mcat jonal. cu'uil ual, Scient itic,. anid informilational value
tot te recip1)emit of mia Ii I matter : and
9 9) suIIchI ot heiri f act ors a s t 1)e (o u ii111 )101 deemiis aIpp ropi- atev.
(Aniedt Publ. L. 94-421. 10, Sept. 24, 1976, 90) Sta.t. 1311.) 3623. Mail classification
(a) WAithin 2 years; atfter. thle effective (late of this siibchapter. thiv Postah Service shall request the P~ostal Rate. Commission to mke a
redoillieidedtleisin o a lilai I classification schiedule "Inl
accord ine Nvith thie 1)1)\5oflsin of this sect ion.
(b) Followingy the establishment. of thcv mail classification schiedule requested under subsection. (a) of this section. the Postal Service may from tline to time r-equest that the Commission suiiht, or the Comnmission may Subnmit to the G'overniors on its own initiative, a recoinu l11end I (ecisiOnl Onl Changes in the mail classification schedule.
(c) Theli CoImmission, shall make a. recommended decision on establishing or- changing tile schiedulle in. accord'lnce with the policies of this title, and the following factors:
(1) the establishmwenit andl maintenance of a fajir and equitable
(lass-ificat ion -system for aill mail ;
(2I) the relative value to the people of the kinds of mail matter
entIered into the postal systemf and1( the desirability and j ustificationi for special classifications andi services of mail ;
(3) tile importanceT of p)rovi(1ing classifications with extremely
high degrees of r-eliability and speed of delive- ry :
(4) the importance of providing (l assihfcat ions which do no~t
reqime an extrellelv ighrl degree of r-eliability andI speed of
delivery:
(5) thie desirability of special classifications fr-om the point
of view of both1 the user and of the P~ostal ervice : and
(6) such other factors as thie C1ommiission may deemn appro(d) The Postlal evieshall niaintainl One or more11 class ses of mail foi' tile t rall-iss i ilH of letter-s sealed ara inlst inSIq)ect ion. Thle, rate for each such class ,hiall be unjiformll throug~hoult tile Uniitedl States, itsterr-iitor-ies, aiit lposs(-S- ins. O ne Suich class sall pr-ovide for the( most ('expeit ious landli ing and t ransport- tion affor-ded inail matter by thev 1Po'ta1 Service. No let tem' of SluhIl .1ch> of doeti n hal e
open11ed except mnder. authior1it of a searlchl wvarrlant auithiorized b)Y
law o by anil ofl'icer or. olployve of thle otlService for- the( sole, pill.po- e of tleter-iliinilig anl addr-ess at which thle letter c'm be( delivered. or1'1u;11 to tile anlt hinoizat ion of tile tladre-see. (Amenided Pub. L. 91-4121, K Sept. 2-1. 11 )76. 90 Stat. 18'-)10.)






69

3624. Recommended decisions of Commission
(a) The Postal Eate Coniinls, ioii slitill pi-oinj)tly (' -oii idel- a request inade, mider section or o3(;--I:) of flils tifle. except t1lat tit('
Coinn-iission shall not recommend a decision until the oppoi-tiiiiity fol. a hearing on the record hinder sections and -)-W of title 5 li-w, lwen
accorded to the Postal Service. ii,:- ens of tit(, nnlillS. cuid an oflicer of tit(, Commission -who sliall be i-equii-ed to rej)resellt tit(' interests of tile genei-al public.
(b) In ordei- to condiwt its noceedincys wltli iitmo4 exlwdit loll consistent with w-ocedui-al falrll(- Zs to tile pal-tl(- the Colllliw ,m;loll illaY (without limitation) adopt riile which provide for(1) tlie a(IN-1-Ince siil,)mP --Jon of wi-itten dii e(t testimony:
(2) the conduct of pi-ehearln(r confei-ences to define i slle- 1,111d
for other purposes to insmv orderly and expedit lolls pl-oceedii-ig,,:
(08) discovery both fi-oin the Postal Service (mid tit(, pai-ties to
the pi-oceedill(TS
(4) Iiinifation of testimony: and
(5) the condtict of the ('11tire pi-oceediligs OtT the record -with
the consent. of the I)ai-ties.
(e) (1) Except as pi-ovided by 1p,,in.icrraph (---)) of t1lis siibsectioli. In any, case in which the Postal, Sei-vice intakes ,i reo-Iiiest under sectioll, Q-2d of this title for a recoll-Imended deei; ion I-)y the Coi-iiiiii.,--;,sion oil chaiiaes in ,i n(Ite oi- of postao-o or ill (,t fee oi- fees fol. postal ervices the ColltlII*-- ,s*oII trall, ;Iilit its recommended deci ;ioii to tli(, (I 1 (1) of tlii, section -lio later flian lo iiionfli after recen in(,,, any,- uch 1-0(plest f 1-0111 tit(' Post(11
(2)) In any czise ill whicli tli(, Coillliliszion detel-inine'--, that tit(, Postal Sei--6ce lias mil-ensonably delaye(l con, i(lenition of a ieqiiest nilide by the Po-- tal Service mider seetioll by f:ilfing to re-w j)ond
within a i-Oa onal,)Ie time to ,in v Iav,-fifl oi-del. of the Coillinis'sloll. the Coiin-,-iissioli n!-ta-\- extend tit(, 10-inonth period (1(, cribed ill I)ai*a(,,I-.'11)11
of t1iic-; -z-:ifl)se(- tion by oil(, (ti.y for e.icli (It-ty of silch Jelay.
A) The CominisQ*on sliall ti-timin't its 1'ecomillelided deci- ioll ill ti rate, fee. or (-Ins ification nl:itter to tit(, Govel,11011s. "Fit(- reconinwilded decision incluo-le a tatelllollt specifictiliv resj)oll, ive to tite cl-lterl:l
establi hed ii-li(ler ;,ectioil or '16:2'. the ca (, may be. (Aniende(l Ptib. L. f4-421. ept. 24. 1970. 90 Stnt. 1:')W.)
3625. Actiem of the Governors
(a) T-poll 1- 'ceivlll 0* (1 110(1011-111-lellded d(,(--.s;oi-i from flit, Po-, -;hd I'kite
collllllis iorl. the GoN (1111-101's 10 y aj)prove. tillow 1111del. pl-ofo,4. 1--je(.t. or 1110(l;fy that do,(,%i'-,iolI ill 11-itli tit(, twovisions of tIIj.,-:.
SOCtIoll.
(1)) The GON-01'1101'S *Jpprove tit(' recol, ill wli(le(l dei-i- Ioli :111(l
order tit(, tltor-!i, zioli priced Ill efl*oct.
I'll(, Govem-tors mziy. mider proto- t, :11low 2 I-ecollillwildetl (I"ci-- ioli OF tile Colnllli- sion to t.lke Mtek-t :110 (1) eek III(I-4-1-al r"'60W tll(,I.eof lindel. secti ,Il U)--)S of tlli- tifle. or (2) I-et it 1-11 tit(' Ivcommelided, decision to tile ('01-11111 issi oil fol. recollsiderzit loll :111d -,I fill-til-1. recolnMended decision, Nvlilcli sliall be tieted iipon mi(Ter t1iis section alid subiect to I-eview in accol-d"llwe AI itli sectioll )6- S of tills title.
(d) The G-m-ernnng v reject tit(, n"110111111011(l(O dkci ioli of Ow
Commissio-In and tI)e Po-- ftal 110 Ilbllllt it,,.; lv(vle -t to tile








(m foi. re(-wi Idevat Mil. U poll lv- 111)111 I -, -'Iml. the sliall
I -:'o lelvd. '11)(I I 1,111-the F 1,0CM I)IM 11111cd do -*'- Im l of t ]I(..( ()"! 11111 4
-)Ojl I)c :Ict"ll 11poll 1111del. Oil- -ectioll .9111d Ijhject to revw-x 111 "11(*0111:111cc %\ ith joll of I his tide. 11owever. w ith tll(, 1111'11111110111 1 AA*1'11 (111 Co1I('1IIT(1II(T of all of the t1j,,-11 Govl I.Ilovs 111,1 v m o(III, v .) I I v Ilvlj furtli(II, l'V(*()I1!Tm '11d('d the Conllllis -Iml Illidel. ifthe GMcl1IM"-"
th.-It ( I ) such modificatioll is ill accon], wit'll the recol"'I all(I the policio.of tlii vhziptei% aii(I (2) t1w I-ecomillem!ed by the O)IIIIIIiS!,1011 MV ]lot adequate to provide slifficiellt total Ivvwl"'w
:_: -4) tll,-it tot'll e ;ti111-41ted im-olm: am] appropriations AN-ill equal :Is 'Ilearly :1 4 p I-,I (.t i
t I I I la t ed t ota I cos t s.
(e) decision of the Goverliors to approve. allow 1"11(let, m'(4est,
1-viect. Or modif v a recoil Ill lelided decisioll of the Colllllli '-Mll -Z11,111 be
In Avritilig -Ind '41till include all estimate of ant ici pated lvvolilw alld -41 statellielit, of explzillatioll all(] j list ificat ioll. I'lle ("a"clsioll., the recol-d of the (""ollimissioiCs fivarill (r- and tile FeCOMIMIMb'd (I(,cisioll slit-ill be Illade grellel-ally available at the tilm". the dei-l-ioli j
ajid sfitill he prijite(I and made a va i lab] v for st'lle" by t'lle Plibli( Printer within 10 dtlvs follo,\N-ijl(r tit(, dav tile decision is
(f) 'I"be Board sl;all Jetermille the (late on NvIlich the Ilev.- rates. fee: 4. the mail vlassification 4scheolille, all(] (.11-111(res ill S1141) schedille illidel. this subc1lapter sliall, become effective. 3626. Reduced rates
(a) Tf the rate- of po4-,i,_-rv for am- clas s of im-il or kill(] Of
mider former sections 4358., 4359. 4421, 4422. 4452. or 4.554 of this titiet its (11](11i rates existed oil tile effective (late of this subehapter, are. on the effective date of the first rate de vision under this .,iibehaptvr :01'ectim-r that class or kind. less tbaii the rates establislied by such decIS1011. ;l
-ir, te rate schedule -slmll be doped for th"It o,.Iqss or kind
vieh fline r,,ites are established or clanged under tlii ; subehapter, with ammal increases as nearly equal as pravti 'al, so that(1)' the reveries i-eceived from rate -; for mail mider former
sections 43-58, 44.52 h) and (e). and 4.5.54 (b) and (e) shall not. on ,'Ind after tile, first day of the sixteenth ye,ir following flie effective (late of tllv first rate decisloii applicable to that elass or kind.
the direct aiid indirect. postal costs attributable to mail
of ilcll cl-tiss or killd (exellIdilly 11 officer of tlie 1'04,11
Service)
(,I),) the rates for mail under former svctiojl ; 43115)9, 44,21. -1422,
,Ind 4,5154(a) shall 1w v(pud. oil and after tile first day of the eightli VC1,11,11 follolvilitr the effeeti\-0 date of the first 1-:1tv de(tisiOll 11ppliCaWe to that. class or kind, to the rates that would have, Iwen in effect
for such mail if this subsection had not been enaefed; ayid
(3) the rates for mall under former section 44,512(m) Sh"All I)Q
e(pital. Oil -Ind -after tile, finst day of the fift-11 veal- followillo- the effective (late of tile first rate decision applicable to that. (.lass or kill(], to tli(--,, ratvs that would bave been in effect for such mail if
this subparagraph had not been enacted.
No person who m-ould have been entitled to mail mat-ter under former Section ft')t (.) of this title shall Illail matter at. the rat-es provided uYider this subparagi-Ilph miles lie files atinnally with the Postal Sel-vico a. AN'rittell reftlie'it. for permission to mail, matter at such rates.








(b) (1) For the purposes of this title. the term -periodieal pllicatliis", as used ini former z>ectioli 4:851 of this title. includes (A) ally (ltaloy orP other con rse lii i i. i Ilu in l Iin aa ii (111 ) IIT iee IW s (4 IIeLra texts which are Part of post -L)a adiwissioii ediuatioii I sm: 1 '\I yal-v
ilistitiitiofl o~f II~Izlier education () 1 y (- 1 iinlA) ht m-rmati ei-lfe
lIn c()litiinhlii g legalBe am- loo c and BM,1BV 1)vw11
niidinmr an itndIi~ex. Ilistiliction forlil2 I' l)c nP oel~n ilii
fier which is an integral part of such report ) whdichl is designeI a-,~ V)t
of7 a looseleaf reportingo --ei V'rc 1111 tc(velopnhlkcllts ;11 talaw 1,1\
public pol(Icy.
(2 ) Any material Ic-c rlbed IliP~ patra.1pli, ( 1) of t~i~sis~ o
shall. qualify to be entered amid mailedl as seef 111(1 class ml]I L (Wiaiice w ithte applicable provisions of tfrmer sect1011 485) z 2 ti )112
former section 4235-7 of this title.
(3) For purposes of this sublsectioii. the term "instittutiont of higher
education" hias the mieaingi( given it 1)v Section 1201 .a)of the lti"'her
Education Act of 196;5 (20) U.S.C. 1141 (a))
c) In the adiminstration of this secti)1]. 01We co1servaionl I)1I)l icat lon Published by ani a-enicy of aI State which is v~v)1i1Cfoi- iiaiia o'jinet anid cmiservatH)11 of the fishi oi- wildlife resources of stitrh t
lhdall be considered a piublicat ioni of a qiial tied iionpi'ohit organ i z;ti10) w\-inch (jutalihies for rates of postag-e under forlmer section 48of )(
this title.
(d) (1) For plli')oses of this title. the term %%aoLiculttral as used in
forumei sections 4i)5S (Ij ) (72). 4452((d). aind 45.54(l)) ( B 1) (if this title.
iivides the art or science of ciiltivatin{,.I land. harvest' n.1 (Tops) orniarinle resources. or rab-m2llg of l ivestock.
Ii the adllliistratlin of this section. -,III( for lit'~( i



(Amendled Pilb. L.9-2S. 1. ,Jmne 3.17.SS~ S tat. 2S7 P'ub. L.
94-4221, 11, Sept. 224. 19 16. 90) Stat. 1311.)
3627. Adjusting free and reduced rates
If Congress fails to appropriate ali af-iouuit mithorized under s>c-tion -2401 (c) of this title for any class of mtail sent at a f ree or reduced rate under section 3217, o8408-i8405. or' 3626 of tis title. or under the Federal \otig Assistance Act of 1955.-. the rate for that class may be adjusted in accordance with the plovislonis of this subchiapter So that the increased revenues received from the users of suchl class will equal the ami-ounit for that class that the Congress was to appropriate.
36298. Appellate review
A decision of the (ioveri-ors to approve, allow under protest. or
modlify the recommended decision of the Plostal Rate Coinniissi 11 may be appealed to any court of appeals of the U-nited States, withinl 15' days after its puiblicationt lby the Public Plrinter. by an amyrieved ptite Th, appeared in the proceedings, under section 2624 ( a) of this
tite. hecourt shall review the decision. in accordance, with sections 176of title -5, and chapter 15S and sectiml :211-2 of title -2S. excel)t
*a aoti1rx1.e provided in this section. onl the basis of the record before








t1w ("( )III Illi:- ioli a 11(l I Ile ( 'I'M CFM W I'lle 4-m ll-t 111,1v aflif-Ill 11w (Iec ISIM I W () 1.( 1(.1. that Ihe clillre 111Itter 1w retill-11cd for 1*111-thel. cm isNivratl(Al. )[11 1 he cm ill 111a v I m t I I I m I I IY 0 1 e dec is I () I I T I w (.()I 111 ,11 11111 11 un ke I I w I 11:111 e 1, a ) re fc r rv( I ca I Ise a I I i I ,I 1 :1 1 e,\ I w( I I I c j u(Itrillelit i Il c ve ry way. 'Pw cmirt 111,1v 11W su Iwlld flic ('11'ectivc1les-4 of tit(-, (11:111(res, M* Otlwr\VI _41 I) event, t I wnt fi-mil, tak I iig effect uia 11 thild d isjwsit Io I I of he ., it hY tll(-. coill No cmtrt sli.111 juris(lictioll to I \ e\\
11111(le by tile Collllllis-- Mii or GONTrIlOrs 1111(let. this cliapter except :Is pri)v](led ill t'llissectiOll.

s t i ic i i k vr 14: it I i i -,I, i : i i i ( )I,%, k i Z i- it vr I,: -I.; k N i I, -k S,,
,3611. Temporary changes in rates and classes
(a) Jll (-Illy Clistl ill wilicli tile Postal M-1tv (10111111ission fall's to trall"Illit I recollillielided decision oil ,i clian(re Ill riles of posture 01, ill, fees for postal Services to tite GOV01,1101's Ill a(Tor(I'llive Nvith section "6-11-0.) of this fifle, tbe llost,-fl Service may, establish teinporarv ') 0- 1 :V
(.11,11101's ill r:ltes of post l( e 'alid in fee's for postal services. ill accordam \N-1111 tile proposed ellall"es Illider collsidel-atiml bv flic ('011IIIIISS1011.
Iwll Icilil)(wary ClIall(res Illay tt-lkv effect, upwi SlIch (late tis the. Postal SOL'ViCC inay de-terinin I v, except tlitit sucli temporary cliaii(res intly take uffeet only 4ifter 10 days' notice ill tliv Federal Register.
(b) Ally telliportiry rate or fee est-iblislied by Hie Postal Service, Illider sllb- vvt loll (ta) of this sc-choll sliall be ill aevord'Mice With Ow policies of t1lis title (Illd sliall not exceed sucli amount as in:iy be I1VC0:-s1lI1V for sllfh(.i(,Ilt revenues to assure fliat flie total est-iniate(l. incoIlIV. IIICIJ ldillgr appropriatiolls. oil' flie Postal Service sliall. to the extelit pract-H-able. be e(jut-11 to tile totIll estimated costs of tlle Posh11 Service.
(e) -Notwitlistanding tile provisions of subsection (b) of t1liq S('ctioll, tile Postal Service Illtly ]lot est(ablisil ,Illy tv-111poral-Y r"Ite for a class of 111.61 ol. :ul v temportirY fec, for a post:il service which is Illore thfill t1le permallent ritv or fev re(piested for sm-li class or postal service I)j- the Ilost.rll Service midersection 362 2 of t1listitle.
0) 'kily teillpor"11.1 clitallov Ill rtatv ,; o-f post 4atye or ill fees for po., h I
1 4'111VICVS III, 1 0 by tll(; Posfill Service 1111(ler this sectioll Ivill,
ill effect lio lolltver tilt11) daYS after tile (1-titc, oil Nvilicli Ole Collinlis,-loll tr, nsin Is] TONX11,1101's 1111(ler
its its, rec-ommewled deci 'oil to t1w
section .3624(d) of t1iis title. miles su(Ii tVIIll)0I';1rv ellallcre is teriiiiilt-lte(l bv t I I(" GONT, I'll 01"S" befol-v t1le expirtit loll of Slicli period.
) If tile" Postal 1k:0-v oil do(-, not ti I, t to %illsi, I b
CI(OVOFIIO!" ; Witbill 90 :Iftc'r ille Posttil Service fie-IS slibillitte(l. ol.
Avithill :))() (I.Ovs 4iftel. tile Poshll ,- ervicv 11 ',Is resubillitted, to tile Cwllmission -I iv(piest. for a recollillielided decisioll oil -I ('11"Illfre Ill Ille III'lil cln ssi f it-tat ion ,clw(llllv 0(1 fter such Scilvdille is esinblislied Illl(lel ,sect ioll 11 (" 0.1) -tie), tile Post-11 Sel-vice, upoll 10 (Ifivs* notice Ill Ow
.) )_ ) Of tilis ti
Fe(ler"ll j,- tcr. inav into effect tempon-li-N, Ill tile 11mil
cl.I, ificnl io I) (.llvdllle ill flecm.d-Mice -\N-itli proposed
1-1-:"t *(m 1)v tllv Commis -Inil. All-v telillml."ll-v (.11"u)(re S11"Ill 1w (Tc .tive :1 1)(ITIOd not -W() '11, ter tit(, Cmllits roo-olilillell(le(I decisionn to t1w Governors.
'1 ('01111 MAers a 111"It"er
(f) If. 1111der 'tioll 06. of t1lis title.
se( al
I-vtIll-lied to ille CoIllIlli,4sioll fol. fill-tiler coi-isiderzation, the Postt






73

,, Service, with the consent, of tile (o i 0111 '111 lIII 'ay place into ellect teiipoarychanlges III rates of 1)osta ag, anid fees fo)1 1)osta. sel'V1(es,
Iil the mail classifications schedifle., ( Amnded P~ub. L. (94-421. 6((a ).
Sep)t. 24, 197(6, 90 Stat. 1I6.

SUBtC'T1XITEER IV-N)STAL S ER_%VI C ES ANDI C'.OM.PLA INTS
3661. Postal services
(a) Thle, Postal Service shall d(evelop) (iiidl)I iealelaea
efficient postal, ser-vices.
(b) When the Postal, Service, (letermnes that, there ilholld be t
Ch~angre in the nature of postal services which will grener-ally affect, ser-vice on a nationwide. or substantially lnatiouniie, basis, it, shall submit a, proposal, within a, reasonable time prior to tleeflecti '1, (late of such proposal, to the, Postal Rate Commiission. i-equestin()g ;M
adlvisOr-V Op~inlion on the change.
(e) Tile, Com-mission shall not issue its opinion on anly l)L-)1os'a1I
until an opportnminity for hearings on the record under sectiOIis 556; and)( 51)1 of title .5 hqs l)een accorded to the Postal Service, users of tihe mail, and an officer of thie Coiniission who, shall be, i'CquiiQel to represent the, interests of thle general public. The, opinions shall be in writing and shall include a certification by each Commnissioner agreeing with the opinion that in his judgm-ent the opinion conforms to the
1)01icijes est alished under this title.
5 3662. Rate and service complaints
Interested, parties who believe the. Postal Ser-vice, is (hiircintr ra,,tes
which do not con-form to thie policies set, out. in this title. or who 1)ehieve
tha thy ae no-ecevn potlsrice, in accordance. with the })olicies of this title mnay !odoe a. collaint -with the Postal Rate ConimisSinon in such form11 anid in such manner as it may prescribe. The (Commission may iii its discretion 1]01(d learinos on such complaint,. If the( Commission, in a matter. cover-ed by sulbelapter T[ of this chaJptei., det'erminies the complIaint, to be, justified, it, shall, after- proceedinc'S Inl coivforinmitv with section P36-24 of this title,, issue. a recomtmenledl (led51011 which shahl be acdted up1)o1 Ili accor-daiice Nwith the lOIon~s10 of section .,625 of this title and subject, to review int accordanlce w1ith the pi-v0YSisol of section '3628 of this title. If a matter not. cover-ed bYv sublchaipter TT of th 'is cllaltei- is involved. and1 the Commviission (aftlt yr na rilugs finds the comiplaint to 1be, justified, it, shahl render at pu bli i- eport, thereon to tie Postal, Service wiicli shall take s1ci~h auction as It, de'em~s
Appropriate.

SUBC1lAlPTEl V-GENERZAT
3681. Reimbursement
N>) mtailer may 7 be reiiillsedl for anyv amouit paidl under aiiv r-ate
or. fee Which, after such })ainent, is (letermIlilledl to haveo beenl u1"nafull aIfter- pr-oceeding-s in accor-danice with thne provisioii-, of sect ion 0'628 of j tis title. or is suipet-sededl by) a lower rate or- fee e-4t al Ilied mir siil chaipter I1 of this chiapter-.








,3682. Size and weight limits
:) E-.xc'1)t as provided i1 sulhset ioln Ih) of his sect ion0I 1) the maximmn Weiglmt of 11ail ot lier tlan letter mail is 40
ploul nds: and
( 2) the mnaximuni size is(A) 7S inclies illn girtli and legth comllined before July 1,
1971 : an
(B) 84 iwlnes iM girtl anid lenmgtlh combined( on and after
.Jumly 1, 1971.
h) The mnaximuln size oln mail. other than letter mail. is 100 inches il ,rirtli and lengthi colil)iled. alnd the iinaximium weight is 70 pounds ift ite maill(1) is mailed at, or addressed for delivery at. other than firstClass post offices or oni rural or star routes. as such offivWes and routes existed on the day prior to thle effective date of this section,
as determined )by the Postal Service;
(2) contains baby fowl. live plants, trees, shrubl)s, or agricultural commodities but not the mlanufactur(red products of those
(conmodities:
(3) would have been entitled to Ibe mailed under former seet ion 4554 of this title:
(4) is addressed to or mailed at any Armed Forces post office
outside the 50 States: or
(5) is addressed to or mailed inii the Conmonwealth of Puerto
hico. the States of Alaska and Hawaii. or a possession of the lUnited States including the Canal Zone and the Trust Territory
of the Pacific Islands.
(c) The Postal Service may establish size and weight limitations for letter mail in the same manner as prescribed for changes in classifieation under subchapter II of this chapter. 3683. Uniform rates for books; films; other materials
(a) Notwithstandingr any other provision of this title, the rates of p)ostage established for mail matter enummerated in former section 4554 of this title shall be uniifornil for such mail of the same weight, and slitall not vary with the distance transported.
(h) The rates for mail matter specified in former section 4554(a) (I 1) or 4554(b) (2) (A) of this title, when mailed from a pul)lisher or a distributorr to a school, college. university, or library, shall be the rate currently in effect for such mail matter under the provisions of former section 4554(b) (1) of this title. (Amended Pub. LI. 94-421, 12, Sept. 24. 1976, 90 Stat. 1312.)
3684. Limitations
Except as provided in section 3627 of this title. no provision of this chapter shall be construed to give authority to the Governors to make an~y change in any provision of section 3682 or 3683 or chapter 30, 3, or 34 of this title, or of the Federal Voting Assistance Act of 1955. 3685. Filing of information relating to periodical publications
(a) Each owner of a publication having periodical publication mail privileges shall furnish to the Postal Service at least once a year. and shall publish in such publication once a year'. information in such form









* anl(l (lttlail and1( it, sucht I Ime tias the IPostail 111111.iflV VO(fIIII- l'wit il
respect to(1) the iden~tity of' the editor. uuuaiia"~Ill" editoi', publishers. '(111

(2) the idlent ity o17 the (OrpOr-at 101l and stockhiolIeP's thereof, if
the publication is owned bya )rponat ion:
(3) the Idlentity of kniowni bondholdlers. iiiO!'tirt-lo-V, and~ otIIQV
secility holders;
(4) the extent, and~ juatuiie of thle ci rcilat ion of the puhi icatiOnl.
including, but not 1 imitedl to, thle numbers of copies list 11hIited.
thw e lithodls of disti-ibutioii. and the extent to whichel Such ci rcuilat ion is paid inl whole or inl 1)atir; and
()such other information as the Postal Service may deemi
necessaryw to determine -whether. the pulwat ionl Ill(et s thle staf1l(
arlds for periodical pulblicatioll mail pr-ivileg-es.
The Postal Service shall niot. require the names of pei-sons owingm le.ss than 1 perc(,nt of the total an-oumt of stocks. boiids 4 mlortgagres. or
other secuiirties.
(b) Each pubilicationi lavinfy s-dicl mail piilieo-es shaldl furnish to
the P~ostal Service information in such form and~ deta-il. and at such times, as the Postal Service requ~ires to deteriliiw whether the pub1)1ication cont ilues to qual if v for such 1 privileges.
( c) Th'le Postal Service shall make appropriate ruiles aind reguilat ions
to (al.PVY out tile 1lprpose of this section., inicluding )povisionl for S suispenislon or revocatioli of periodical puliction mail jpri vleges tor
failure to furnish the required informa-ttion.














PART V-TRANSPORTATION OF MAIL

C11APTFR
50. General ---------------------------------------- 5001
52. Transportation of Mail by Surface Carrier ------------ 5201
54. Transportation of Mail by Air ------------------------- 15 4 0 1
56. Transportation of Mail by Vessel ---------------------- 5601CHAPTER 50.-GENERAL
54'01. Provisions for carrying inail.
5002. Trawsportation ()f inail of adjoillill" colinti-los throligh the ullite(l sfilfes. 5003. Establishment of jwst roa(Is.
5004. mscontinnance of service ()n 1)ost roads. 5w5. Alail transportation.
.)ow. men on conipen.-,ation of contractor. 5007. Frev, transportation of postal employees.. 50,01. Provisions for carrying mail
Tit(,, Postal 'Service, slif-1,11 proved( for the tri'llisp(wt,"Ition of 111"'Ill III 11,0e,011dance wltlli t1w policies estabilslied under section 101 (e) (and (f) of this title and t1w pt-ovisiolis ofthis chapter. -Notwit,11"stalldinty ajiv
Provision of this title, tile Posfal sel-N-11CO, 111ClY Ilitl-ke I I I 1.y
Illents oil a telnporary basis for flieti-tansportatioll. of latail AN-liell. as detorinine(l by flio Postal, Serv-ic(,,, (ail, arises. Swl-li arrangeineitts s4all terminate when flie enierg-ency ee,(lses and fit(,, Posfial S(,i-\-iceis pr(miptly al)le to se(-uiv transportation service es under other I)i-oVisions of t1lis title.
5002. Transportation of mail of adjoining countries through the
United States
'I'lle Postal sc rvice, Av"t'it the coll"ent, of t1w, Presidellt. Inav Inake
111(reinents to allow tit(, Im-III of coulltries adjoill,110. t1w 111te(I shaltes to I)e tti-tansporte(l t1w tel-riforlv of t1w Utlited sfiltes fl-()Ill one point In tliat, country to any other poiliffliereill, 'It, flie, expense
y to which fit(, ni,
of the country (Iii I)e1oti(rs, upon obtalnino- ,I 111w priviloge. for flie. transportation of I nited '4ates mail thi-oil(VII the countrv to wliicli the privilecre is p-ranted. 5003. Establishment of post roads
I'lle followill(y "Ire post ro"'Ids:
(I) t1w w"Iters of t1w, I-111t(A Statcs, t1w time t1w 111,111
is o.1ri-led t I wroon:
(2) railroads or parts of rallroad-s -mid tair routes in operatimi
(3) canals, during tite, time. tit(, Iii(ail is (11111111101d tilere.oll
(4) 1)ublie roads 11*('rimays, and toll roads during t1w tiitw, tit(,
ittail is carried fliercon: aiid
(5) lefter-cari-ier routes est,lblislied I'm- tit(,. collection "Alld (I(,I i ATe] -Vof mail.
(77)






7S

5001. Discmithwance of service on post roads
T lw I *- cn i *(,* 111,1N, w it 1-4111,1(V M I, a, 1,0101 (W p'll"I
Owl-c(d, whcn, III its ()Imllwl. the pubilt. llltvlv.- t S() lvwlltv-- .-)()05. Mail transportation
0) Thr Postal IllaY ohl,1111 1110-1,11 St'I'VicehY rail and 111w(w vvlliclc w. lwr -()11pi-t)x-lded Ili chaptvi- ')2 ()f this title:
(2) frm n ,fit* carn(l, 1%.' 4, Is 1 )11( )\*I( Iv I III chapter 51 of this I itle.,
I \\-,I t (" r ct-1 I-I-*1(11*S 41IS Pnw l(l( d In 56 A)f t title;
tlild
( 4 ) by cwIt ract f I-()III ally jwrs-mi (as defined in section .5201 ( T)
()f t If I s t It Iv ) (w ca I-l-lor f ()I- sit rf aco a ud WatVir t rl IISjXWt,-Lt 1011 1 11)(IN'
SUCII terills alid cmiditions as It deellis appropriate .-HIJOCt to thO
pn)vi ,ioll- ()f t4lis se'etioll.
(b ) (1) Onit'l-act's for t1tv trallsIml-tatioll of Inail procured 1111del, slibsc,(ItIml ( -tioll sh-I'll )w for periods iiot ill excess ()f
a I ) of this se (
4 yva rs ()I- whert, t] w. 1-)()st -111 Sv 1-vice (Icterjuilies t'lla-t, spocial volid It Mils (w the Its(. ()f special c(till pilleilt warralits. ]lot ill eXce&s of G N,( axs) and
N, viltered into oldv aftcl. advo, rtisili(r "t sufficient tifile previously f0l, pr()posals. "J"lic. P(),-,,t,.-Al Svi-vice. with the consent. of the holder of aliv sm-li cmitratf. Ina.v tadjust. the compensation allmved 1111der t1lat (1011tract for 111CIVIas(I(I (w dvcreased c()sts fl-()Ill cjIaIl(r(qt tiow.; ( wcurrinlv dtirin(y flie tvi-in of the cmitract.
(2) A colitract under -iihsection (,-1) (4) of this section nifty la, l*(1llV\VVd at tll(, (,Xii. tillfr I-,,Ite hv inutual agreeffient, lietAveen the cont reactor or,,ulwontractor aii(l the'Postal Service.
(o3) Ally Contraef betweelf, the Postal Ser-\-4-v and any carrier or pel-son for flic, tralisportatioll of nuall shall be available for illspection in the Office of the Postal Service alld either the I lite rst ate Commission of- the Civil Aeroll.-alities Board. as appropriate. all(I ill post offices Oil tile post 1-oads involved. a-; determilie(I bv the Posttal Service. at least 15 days prior to the effective (late of the (:oiftract.
(c) The Post(11 Service. ill deterniiiiijig whether to obtain tratisportation of ulail by Carrier or lvi-sons under subsection (a) (1) of this section. by colitrtaet under subsection (.,-1) (4) of this section, or by ( ioverfullelif Illotor Aw-hicle, shall its(,, the niode of transportation whieb lw.4 Serves tile public interest, (Ille collsider.afioll bein(r rivett to the cost of the transportation service insider (-.-Rch mode. (Anieff(k(l Pill). L. 92-286. May 1. 194-2, 86 Stat. 13o-)
5006. Lien on compensation of contractor
(a ) A persoll who(1) pel-forilis service for a Coll t racto I- or subcontractor ill the
ti-aiisportation of mail
(2) files his cmitract for serVice with the Postal Service: and (#3) files ;- fttis fact ory evidence of perforilia tice with the Postal
Service -,
shall llav( a, liell oil fliolley (lite the contractor of- sidwontractor for t1w Service.
'I'liv. Postal Service filay pay the person ('-stablishina a lien under
llbseetioll ((,I ) ()f this Svetloll the S11111 (lite hity-i. wheii flie eont reactor or ;Iflwolltractol- fails to pay t1w, 1wi-,ofi the aniount of his lien within 2






7 C)9

ilionths aftel. the expirall()n ol, the lll()Iltll M which the 1)( rfof.llwd. It, Sjudi charge Ole "Inmullt, S() ptald to th e contract. Tlw pavule'lits illav ]I(-)t, exceed the annual nate ()f inav ol' the (,( )ntrnctor (w Subcolltractor.
5007. Free transportation of postal employees
Each pcl, -oli ol. cal-1-101, (111"410'ed ill the t ralispol-tat loll ()f Illail S11('111 ca ri, all-cl-aft he ()peratvs. upwl
y on my vc,- sel,, train. lll()tol vellicle, of
exhibitincr their crvd( Tltitals (an(l xvit-hout, exti-ca char(re theivfiw, persons on duty in change of the inails or when tu.tv(dino- to an'd fl-mll such duty.










40



CHAPTER 55.9.-TRANSPORTATION OF MAIL BY SURFACE CARRIER
S e c.
520 1. Definitions.
5 2 0 2. Applicahility.
520' Aut1wrizatimi of service bY
5204. Chan-e,,; in servik-e : phleel)WIlt (d equipment.
5*-) ( i:-). Evidence of servi(-e.
5201 Fines and deductimi ,-:.
52(17. Interstate Commerce Oymmission to fix ratc .
520S. Procedures:.
5200. Spe-cial rate ;.
5210. internio-(mi tran.,i)4)rtation.
5211. 'Statlstiegal studies.
5212. 'Speehil contracts.
5213. Carrier oivrarions : receiw: : : exiwn(,1imres.
5214. Agreements with passenger comno-ii carrier, by nwtor vehicle.
:1215. star rwito ( certification.
5201. Definitions
For piirpose of thi- chc-pter'I) 'olilmis-Jon" 11 the llltel.'. tzltc commerce 0114141isS10II:
''iv _,rulate(l siirf;we czirrier"mozin a n.lilrozld.
-I freight forwanler. a motor cm-rler. orIII exjwes'm cc)IIII).111 v:
--r,,u1roa(l** me.m- a rItilwa.v commoii o-m-rier. Molu(lin _(r tin eclectic III-J)'111 zind lilte ru 1-b"I ]I 1-.'II1v'- -1v cW11111011
-frel'(rht f orw:I nler- me.'111: '.111V 111 011 lated fl-el(dit fol.Nv.'Irdel. which hold'." lt' elf ow to the 1101'Zil wd)hc a a cmimion le of -opel*tv '1
CZ11,111cr to trzinsport ol, pl'oVI( I I P] t
cultllcwiz '(l I).v -,I perillit i- Sllv(l 11 v t1w CommissiOll:
'Illofor ((111,10F 'l!IV ('0111111011 ('1141TWI, I)v m otor
1 1 1 11;11
*1 ITV -)r'w 1,0111CI(I. \1-*t
of '-_ ectloll ()f litle A9, hol(ll; I cert 1111C('Ite (if pIII)1'(' ('011 V(III *01WO '111d iw(vt -it.v 1).v t1w

comp'11I.N' 'mY comPIMV (I I I-IVII
III tnI'll' p(-40k.1tioll zt' I ('0111111M I for hire 1111del,
I f lk-ith, 4
TI) i ,wludes jilY P(11' -011 Other t1),111 n c'Irl"or 11old*11-1y
(.e0 ;fl(-:lte c)f w ild;o cm ,' -e:1,1011(v (111, 1 '. let] I)v
-mid
e(J"llpment zm(! (d. Ille
So I'V; A
5209. Applicability
This c1milter applw f() i1wil tr' 11- portntlwl pcrt'()rm('(T 1)v '11Iv porsoil 01, (111111liel. Or c'11-11011 00IIIN 11:46011 I-eo-ordle-'s of t1w 11,10do of ti'mizzport(Itioll:Ichl.,111y to provide the






520:3. Authorization of service by carrier
I 'F ic I )() t I I II1aV est :11 )] 1-11 Ina 11 rw itc -; III( I a lit 11(w ize
11 :tw l I :it I()II R v It' I o)).
11) A ca: rier S11,111 tr.111SI)orl IIIaII offered I'(w trall-I)w-tat1w) 1) v The Po tal "- vrvice lit III(, Ill"lliller. 1111(lvi. Hit, '(111d w it), tile bV T-Ile Postal A calTIVI, Is ('11titled to ref'air 1,111) le (-()I)) lwiusat lon ft)l. flik, tran"p irt.111w i '11A
CMINVOCd t1lerewit ]I.
Tile Postal Servive sliall detel-11111le tit(. trains oi. jw)tor
'i l mil 111,111 sliall he trallsIml-ted. except t1lat 110 carrier -diall he
cW111)(Med to trallsl)ort' illail oil allY trall) Or whii'll 1 .4 olwrate(l exClil -iveIN- i *or tit(, Iralls Of all(I
(d) A cai-rier sliall trzinsport. with due jwed -iich inail, as t1je Postal, 'elwl v directs 1111der tjljs sect]()II.
(e) No cal-I-lel. Shall he I-c(IIIII-ed to serve territory it is l1w w I l('I-w i se alitIlorized to serve. to provide Service foi- tit(' Postal ServWe
a J.'Ite Is less fliall colill)(.11sator : v c()st. Or to provi(le -'-se
'11 a to tile ctarriel' or its oti)el
custoillers.
(f) Any Order or deteriniiiation of the Postal Seiwiee Iwovi(lilly 4()1* the 11'.1 nsportat loll oil, Illail I)N- a illotol. carrier sliall be file(l with the Col)IwIssion. If tile 0111111is-,ioll fields. Within 90 (laYs aftel. tit(, fifill(r. tilat tile order ()I. dete I-111illat loll will be detrimental to the Moto], calTiel. Or it.,.; ()tll(,I. customers, or that suell, carrier (loes not operate equipment si-IltaMe for the t ra lispol-tat loll of inail, flie oi-(ler 011, detel-11111-tat loll sliall be terinillated.
tr) klj ()I- (let(,11-Illillation of tile Postal Service lln(ler tilis
'- ('(Itioli sl)CIll be, coll.c"istent Avitil t1le or(ler'; of tile Conlllli'- ioll 1111(lel.
011's." ()'- and 500S of tI)is I it](Y.
.5204. Changes in service; placement of equipment
(a) Tile Post.al Sei-viCk, MaN, .111thorize. accordill(r t-O t1le lwe(l tilerefor. new Or additional illail t ranspol-tat loll service by carriers at tile rate or collipensat loll fixed 1111del. this chapter. It Illay reduce Or di 4colitiiiiie !- erviee witli pro rat-a reductions, in compensation and indeinnity for the loss of reasonable investment in equipment used excl Itsi Vely for nia il.
(b) A railroad shfll plave cars use(l for fill] or apartment po--,t oflih'("
ill position -It sliell tillies befolv as the Po.stal Sel-60C,
directs.
") ."') 0 5. Evidence of service
A (-arricr sliall siihinit evidence of its perfoi-niance of illail 'ranQportation services signed I)V an. alitilorized official. ill SlicIt forin and at sucll tiniest as the Postal Strvicv rewfires. Mail transportation servi I,.,- considered thlat of the carried. pet-forilling it I-egardless of t1w mvile'l.slill) Of the property used bN- the carrier. 5206. Fines and deductions
(a) "I'lle PostIll Service III,.IV fille -111V barrier lit amount not, to exc( e(l.
foi- vac.]) day the carrivi, rehiscs to perforin inail tniti.'portatlOll
RIVS ie(juired by it 'it I-- tes Ol- coIll pensat ion, established 1111(ler this ellapter.
(b) Tile Po-4al Service sliall fine a carrier all aniount it, de('Tl%0 lvaszonable fol. falfilre ol. refils'al bV t1lat cal-rivi. to ti-1,Ltll-zl)olt Inall j.p'(11111-ed I)NI, tile Postal Selwiev insider section 5203 of this title.






83

(C The Board mav 111,lke deductiol)-' from tit(, COIII 1)0111-- at im I ()t* :I carrier for f,"11111re to perfol-Ill mad ti-tilisportatioll Servi", as under sectioi-i )D.): of tills tide. If t1w, fallilre to perforill 1- (11w to t1w fault o f Ole carrier. it Inay deduct a -,IIII1 ]lot exceedlillo. twice t1w I-4,11satioll applVilig. to sm-I) service. SlIcIl de(IlIctions sIlall Ilw be Ilmde prior to tilt' expiratioll of (if) days folloNN-1110, 11poll tile cal-l-RIF bv the Iloal-d of liotice of Intention to (I 1.11le or 111,1ke a dt'(11wn(P) and of t1le basis t1leref or.
-90-. Interstate Commerce Commission to fix rates
(a) 'I'liv Comimssioii sliall determliu, III(-] fix t1w fair 1111(1 IV!1-4Mable rates or ('011 1pellsat loll for the tr-(IIl-,portItI()1I of 111ail I)Y czlrl'iel, ai-id tlie service competed flierewitil. alld S11:111 prescribe tit(' Illet]"od of complitil),v -11(.11 rates or coillpellsatiml. Tlle Collmli- ; *,()Il -Zljall 1)1'1)lish it 01.(lers statill its deter 1) illat loll Ililder tills sectlwl AN-11D.111 Ilafl clian(ved I)v it t-fter notice aii(I Iwarill" IT1111,1111 m torce uiti I I I_.
(b) For the purpose of deterininincr aild fixiii(T rates or compellsation 1111der this Sectloll. the ('01111 1-11ssioll 111"tv III'd-ze pl t allol. I-easolialfle cla sifictltloiis of carriers and. -\vIiere *list aiid equity b1e. I-x (,viiei-zil ratesttpplicable to carriers ill the same classificatioii.
(c) In determinin(Y and fixing fail,- and reasonable rate, 4 or compensatioil. under this sectloii. tit(, Commission sliall consider the relatiOll lvtweell the aiid c-irriers as public servi(T, ("Orporatiml- .
and t1w, mixture of imblie service as dl,-,tMO-ul- I)ed, if there i, a distinction. front tit(, ordiiiary t i-ai-i,-;povtat I oil blisilless of the carri(Irs.
(d) Iiiltial rates or compensation for inall transportation --en-,We bv all-\- ctirrier or carriers sliall be tliose ao-veed to bv tlio Poz:tal Service and tlie carver or carriers. awl such rates or collipeiisattoil, 41iall contilille In effect Illitil SlIch tillie as tll(, Commission fix(,5,- tile rates or (--lollipelisat loll 11 lidle I sl lbsect loll (a) of tills section.
5208. Procedures
(a) At any tinIe after 6 montlic-, from the eiitrv of aii order 4atiiig the Cominission"s deterniiiiatioii i.inder eetion .1-207 of Otis title. t1le Postal Service or an interested cari-ler inav applv foi- a reexamMation and substantially similar proceedfligs as liave tlieretofore been ]Iad shall be followed with respe(_-[ to the rates of compeiisatioil, for swrvice.-; co-vered by the applicatioji. A-t the coiiclusloii of the liearMI-tr tit(, Commission shall ei-iter (-tit order,,tatiiig its detv rill i iiatioll.
N F xcept as authorized t)v sections )-_ 07(d). -r)lo aii(l -)-212)
of this title. the Postal Service sliall pay a carrier the rate- or compeiisation so determined and fixed for app'icatioi-i at sucli tated time ; named in the oi-der.
-vice may file witli t1w Commissioil, ,I co 1) v (I Te Postal Set 11
sive plan stating
(1) its requiremei-Its for the tramzportatlon of mall I)y ca
(2) the character and speed of the traiiis or motor veliicle- -wbich are tocarry the variou.im killdsof nulil
(3) the service. both terminal ai-id en voute. -wi6cli cztri-iei- are
to render:
(4) what it believes to be the fair aiid reasoiiable rat(,- or eollipensation forthe services required: ai-id
(5) all other information which may he material to the illouiry, but such other iiiforiiiatioii mav b'e file(l :It ally time ill tl)(,
discretion of the Commis! -;ioii.




S4

kD 11,11ell ta ('0111pl-efiensive plall is filvd. the I V
I m i I t, I I ()t I t I 1 :111 :,)() (1: 1Ys t () vacl 1 4 -a r I I (, r I vq I I I re(l 1) v the Pa4 al 1- v1.v*(.(, 1() Ir'lli-Im ll nuld 1)(11-sil"llit to ,Ilch A cal I TIV!, illtliV W e.
its n ii.- we v ;i t t I tv t I i i ie I i \c(l 1) v i he Commissimi. hilt ll()t later thall 30 (1141VI." 411,H(IF the ("xpiratioll date hx( d hv the 0)1111111s ,Mll ill the notice. 1111d t hv. Cwnm IA11111 pn)cce(l vlfll thelICIC11,111(r
.5209.. Special rates
Vpoll petition I)N- the Postal svi-vice. the Cmlllllis., ioll shall (letel.111111C, tllid fix carload Or truckload. Or lc -, than cw-lo:id or truckload. rates fi )r the tralispol-tatioll of illail not elititle(I to 111,(VII, ill
transportation. A cai-rier sh.all perform the sei-vice at the rates ---,o doterillilled -whell re(fileste(I to do So .-1111(l lindel. the coilditiolls pi-escribed by the Postal sel-vice.
5210. Intermodal transportation
'I"he Postal Service may perillit :A (111111101.* to perforill iii"lil trailsporhition bi. any foi-in of iranspiort(ition it deeins ippropi-iate at rates Ol- COIllpellsation not exceediiig those allowable fot- similar service b-v t lie desiiviitat ed form of t ransportIlt ion.
5211. Statistical studies
'I'lle T)Ost"fli 1Qiel1VlCe, 111(11V 11111111111(ye for -weighing and 111va'Ilrilla illail ti.1,111sported oil etarrier mail rotates aiid jmlkv Other coniputntions foistatisiieal ,ind adiiiiiiistrtative purposes to carry 11 lie 1 1 s e s thi-, chapter.
5219. Special contracts
'I'lle POStal Service nuav entei.- into special cont i-acts Avith t1iii, carri.,r Or pelsOll. Witliollt ad vert i sill (r. for bids alld for periods not. ill exce-S 04, 4 vears. It, Illay contract t( ) pta.v 'lower rates Or con 1pensat iou ()r. IN-bel-v 'n it-, -, I a ralit. higliel. r, tes oi- colllpow ,II jud cre llent emiditiOlls NVI 11
t tht111 t 110:-41 (le'tel-illilled (n. fixed bv the CmIlillissioll. "I'l Ile fact t'llat tile ("Olmill! s1oll 11(as 11("t prescribed, Or collipelisat.ion for t1w
carl-le.l. involved. 1111der section .5207 of t1lis t.itl(-,. shall not, preclude execlition ( )f ft contract under t1iis svotlon. Sucli contracts nia-v he llerrOtintc,[ cmlv after rcasollll)h, notice N-IS bc vll J)osted ill v0st office (-)n the po -lf roads to be served., find othei- etarriers or pet-sons hnve bevil -r-rivell 8ll Opportunity to offer to ne(rotiate for the ti-tinsportatlOn ()I* Illnilo
5213. Carrier operations; receipts; expenditures
The Post.al Servlc(ik slicall rvqllost any carrier trallsimi.t.-illfr the 11.1ails to 4 111.11i.sh. illider scill. Jlch (latti relatillcr to the (q)("rat'JOTIS11 ITIC(Ilipts. 1111d expel)(11till-es Of Such calTIVII flis llitliv. ill its judgment, Le devill("(1 IWCVS 111,1* V to ( Ilaj)le it fo t-Iscvrt"lill the )St Of Illail ti-C-11i.spm .1,01m l :111(i the I(O)v plai(l fm., Ilcll ".4vi-vice.
521-4. Agreements Nvith passenger common carriers by motor
vehicle
'Fllv P()Aal service Ill:)Y viltel. into cOnti-nets 1111(lel. lwh tennis Ind (1011difion- fas it ,Ilall pl.(- (.ribe and AvIt'llont. tadverti-,ino- f,()I. Li(k for tll(, tran- portatiojl of 111:61, Ill PIW _411 ) N111-C(Il rrV if) Motor vel)i(.](- bv
I*COUM 1011 CAIT I N".-. Or 1)1- ]1 wt Or vell icles Ovel the refrillArrmite"-4 Oil Which the e.il-1.1vi. is perillitted I)v 1:111- to transport p'Assent'rers.






85

5215. Star route certification
(a) Any person who was a contractor under a star route, mail
messenger, or contract motor vehicle service contract on the etlffect iVe date of this section (or successor in interest to any such persoll), shall, upon application to the Commission for the territory witl i winich such contractor operated on or before the effective date of this section be issued a certificate of public convenience and necessity as a n motor carrier for the transportation of mail by the Commission without the Commission's requiring further proof that tihe public convenience amd necessity will be served by such operation and witfiout futlther
proceedings.
(b) Applications of persons who were not contractors on the
effective date of this section shall he decided in accordance \vith.
applicable Coanission procedure.
(c) For purposes of this section, tlhe teril "person" has the sa o
meaning given that term under section 1 of title 1.














CHAPTER 54.-TRANSPORTATION OF MAIL BY AIR
SEC.
5401. Authorization.
5402. O)Dtracts for transportation of niail 1').v air. 5403. Fffie-.
5401. Authorization
(;I) Tliv. Postal Service is autliorlze(l to-) provi(le for fliesafe and vxpe(litlou':. trall., povtation of mail, aircraft.
(b) Except as ot-Ilenvise provided III -ectlon .540:2) of Oils title. tile Postal ;ervic-e 11111N, lilakv- twli rides. rel(rulation s. and orders cow-144'111: Avid] soction-' 1'20i-1542 of title. 49. or anv order. riik or re.(ru lat loll Inade bv the Civil -kel-oll(alitic., Board flielleun(ler.aS niaN be iieces- arv for su41 t ra n sport.af 1011.
5402. Contracts for transportation of mail by air
(a) I'lle 1)o.st:11 Servi(TI III(IN, Contract -Xvitli anx- certificate(I all,
rier. witliont advertising for hids. In sucIl maillier and 1111(ler sucli thrills a'11 1 conditions as it doellis 'Ipproprinte. for the tralisl -ml-tation of mall by.tircraft betwevnallN- of the point"; Letween whiell the carrier is atitlionzed 1)v tile Civil Aeronautics llotird to enlga(re in the transportatioll of Illail. Sucli contracts shall I)e for tile transportation of at l st 7 -)ounds of niail per flio-lit. an(l o -e tl a I W percelit ea 1 .50 1 11 1 1 ( of
the donics-tic, mail transported undei- any sm-li contract, or 5 percent. Nased oil wel'(Yllf. of the interflatioll,-11 lnal;l trall -port'vd jllld'( r all Such contract consist of letter mall. Anv slicli contract sliall b(i file(l
NvItli tile ("ivil Aerollalltic.; Board imt, later fliaii 90 daY,., before its effective ('late. Unless the Civil Aeronautics Board s1lall. determille otherivise Oinder criteria prescribe(I by section 1302 of title 19) not later than 10 dai-s prior to t1w effective date, of the contraof, sllcli contraetJiall lv conle effeeltive.
(b) '"'llen the Postal service deenl.' t1lat tile tn111"port-atioll of l1wil hi- aircrttft is required between points 1)(41veell w1lich tll(' Civil _kvrolialitic'-, Board 11(w, not antliorized aii zilr c,-irrier or combination of all, cni-rier's to ellira!ze in the tran-j)orfiition of inall. it may contract Nvitll 11111, Iftir carrier in sucli manner and under "11cli ferilis alld coliflition
it, 1-fl, v deelli appropriate for tile of ,11IN
classes of ma-il. The tninspoilation of mall un(ler coiltnu-ts eiltered lilt() under fhi -ul)svction i-- not excei)t for sectioi)s 1 71 (k) ,1nd 0)) of tith, 49. air tra.iisportation Nvitllill tile provl iolls of set"fions 1.3011542 .11-olltrwt. n wh(de
of title, 49. T]w Postal Service "llall (.,Ince] "11(
011 lle"Tect to cerfillil Imilits 'Is tile cel-tifict-Ite sliall rk'(1111110. Upon flie
i;;- uance 1)v tll(, Civil Aeronautics Jloanl of au alitliol-17atioll 1111(lel. section's 13*71-13S6 of fitle 49 to anv ail. c'.11-rier to ell,('ra,(re ill Ole tram portation of mail I)-\- alreraft betwN111i alli, of tile I)oilits, 11"I'llied ill tile contract. and the inauguration of selieduled service I)N- such carrier.
(e) Tf the Postal "4ervicv determinee; t6at service 1) v c(A'l-tificnte(l. air (11TIel"s or combination of air carrier. -; Letween aiii pall. or pairs of
(97)






I I( A a( ill -It v f( w it plirp )SvS. it I I lay cm it ract ff)l. a I w I iml o-)f I I I t thall vcar- Nvltlm llt OtIvert]:-Ing for hio.k. ill -Iwh Illailli c 1.
it lider llch t el-lits -tilt I c( It* (.)I) as t I I la v ( ice I I I q) p 1.( )p 1, ate' \v
all N, air taxi ()pcnator m. thei-ed for such all, ti"tw-ImIla11011 Illade 1111(tel. tjli sllb ,cct 1011 M lt V he lvilewed It
I hc vxl -t ill", ral (, I)v lillit Ital .I Iw ] it bet weell I he Ill Iiler allot I I le )() -4 a I Se I.v We. "I'l le P(vt a I Sc I v I (.(,. NN, I t It t he c()w,,v I it I I Ic a 11, t a x I Illa v adj)14 the cwIlpemsatimi, 1111(ter Such I'm. ill(111"111.41d m. d(,cIVtI,-41,d c()4s bv chamrVd cmldltioli- (w('111,11111f
the c(mtract tel-Ill. The 1)(),L;t,tll Service S111111 (-:11wel "llch a contract whel) the CIvI] Ae lit ics Bmard allt-Ilorizes till additimial certiliclated ctarl.icr to pi-m-ide, Service 1)(4weell ally pairm. pnit...
()f Imilits covered by t1w cmiti-act. tand SlIch C1.11,111(li, ()r (1111TI(I i1i'llig-11rate Schedliles adeq uttc for its purposes. S5403. Fines
Yhe 1,04al Service Imay impose or remit fines on carriers transIml-tilig Ill'ail by air ()It routes extending beyond the border,, of the Vilited States for( I ) unreasomable or unnecessary delay to mail: and
(2) ot1wr defill(piencies in the, transportation of the mail.











CHAPTER 56.-TRANSPORTATION OF MAIL BY VESSEL

.11b01. Sea Io)St ,;erviee.
i602. 3'erauiiat b n of c(Intraelts, fo)r f )rei,.,11 trai S)o)Ii a i n. .~ Tri~al,-iio1.t.1io1 of mil bYv vessel as fieigit or exiwe.us. :160~4. Fines on ocean ii yrriers.
50.( ont Pact, for t ranisporta t in of uaul b)y vss~el. S.5601. Sea post service
Ijlle Postal Service iiiay IllaIiita iii se(a p)ost service oil oceaii Ve- els ,on vevino, itail to and f romi the I iiiteol States. 56029. Termination of contracts for foreign transportation
(Cont racts for tile trllSjpoltl'tiOll of 1ail 1 by vo,>M l I et weenl I he lflitUel States,- anid a P)I'e10211 po)t11 shall b~e iii4a e sl ect to calclel Jut loll )-N tile Postal S service or the ('u~
5 603. Transportation of mail by vessel as freight or express
Ilie Postal Service may require th-lat mail b e tralitsjorted by freio-lit or. express NNhlen
0~ ) there is DO competition on a water route and the rate or
(oni peilisa tlion a ke( 1 s exces l Ve 0 or
2) no( Iprol)osal is receivedl.
A coininioii carrier by water that, fails or re fuses to tran-,ort the mail whien required to (10 so under thils section shall be fined not, more thlan S 500 for each (laY of ref usal. 50604. Fines on ocean carriers
The I'o-ta,-l. Set-vice mnay llfll)OSC Or reiiiit fiiies onl carrier trans)0t
ilil~ iiail byv vess--el on routes exteiii(n lbevond the borders of the, Ui mted State., for(1) unriieasonable or unnecessary delay to the milds : and
(2)) other delinquencies ini tile trallsl)ort ation of miail. 5605. Contracts for transportation of mail by vessel
The Postal S ervice mnay contract for tile transportation of inail 1wy vessel without aclvertmsmno, for- bids for periods of not. Inl exce s of 4 years.


0