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TITLE 39.-POSTAL SERVICE

This title was enacted by Pub. L. 91-375, § 2, Aug. 12, 1970, 84 Stat. 719

TABLE II

Title 39 new sections

Title 39

new sections

101

This Table lists the sections of revised Title 39, Postal Service, and indicates the sections of former Title 39, The Postal Service, which covered similar and related subject matter.

Title 39 former sections

2301, 2302, 6005, 6107.

2005

2006

2007

2008

2009

2010

2201

2401

102

1.

2402

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Title 39 former sections

2206-2208, 2211.

2303.

2231-2234.

2010.

2201, 2203.

2216, 2304, 2331.

712, 2210, 2212, 2401, 2403, 2404. 2402.

2204, 2409.

2410.

2408.

4001, 4002.

4010.

4003.

4004.

4005.

4006.

4007.

4009.

4151.

4152.

4153.

4154.

4155.

4156.

4158.

4159.

4160.

4161.

4162.

4163.

4164.

4165.

4166.

4167.

4168.

4171.

2303, 4169, 4303, 4560.
4170.

2303, 4653.

4654.

4655.

2304.

2001

3661.

2302-2304, 2306.

507, 2302-2304.

2302-2304, 4057, 4251.

2304.

2304.

2304, 4358, 4359, 4421, 4422, 4452,

4554.

2303, 2304, 4358, 4359, 4421, 4422, 4452, 4554.

2304.

2302-2304.

2302-2304.

2002

503, 2103, 2113, 2115, 2201.

3662_

6212.

2003

2202, 2231-2234.

3681.

4055.

2004

2201.

3682_

4252, 4305, 4552, 4554.

Page 1483

THE UNIVERSITY OF

Part II.-PERSONNEL

Chapter 10.-EMPLOYMENT WITHIN

THE POSTAL SERVICE $ 1004. Supervisory and other managerial organizations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1005 of this title.

Title 39

Title 39 new sections

former sections 3683

4554. 3684. 3685.

4369. 5001

6101. 5002

6103. 5003

6105. 5004

6106. 5005

6104, 6402, 6403, 6407, 6411-6413,

6416, 6422, 6423. 5006

6432. 5007

6203, 6433. 5201

6201, 6401. 5202

6202. 5203

6203, 6204. 5204

6204, 6205. 5205

6206. 5206.

6207. 5207

6208. 5208

6209 5209

6210. 5210.

6202, 6213. 5211.

6214, 5212

6215. 5213.

6216. 5214.

6402a. 5215

6402. 5401

6301. 5402

6302, 6303. 5403

6304. 5601

6404. 5602

6406. 5603

6410. 5604

6435. 5605

6405, 6408, 6413.

SHORT TITLE Section 1 of Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 719, provided: "That this Act (which revised this title, enacted sections 1735–1737 of Title 18, amended section 356 of Title 2, section 19(d) (1) of Title 3, sections 101, 104(1), 2104, 2105, 3104, 3304(a), 4301(1), 5102(c), 5303(a), 5304, 5312, 5314-5316, 5541(2), 6301 (2) (11), 6323, 7101, and 8344 of Title 5, sections 24 seventh par., 17010-3(c), and 1701e (a) of Title 12, section 637(b) (15) of Title 15, section 4602-1(f) of Title 16, section 8 of Title 17, sections 12, 440, 441, 500, 501, 612, 876, 877, 1114, 1303, 1341, 1342, 1463, 1696 (c), 1699, 1703, 1704, 1707, 1709-1713, 1715, 1716, 1716A, 1717(b), 1718, 1721-1725, 1729, 1730, 1733, and 3061 of Title 18, section 611(d) of Title 22, sections 72 fifth par., 129, and 724a of Title 31, sections 356(1), 474 (15), 615, 723, and 724 of Title 40, and section 2942(1) of Title 42, repealed section 3327 of Title 5 and section 1028 of Title 31, and enacted provisions set out as notes hereunder and under sections 201, 601, 1001, 1003. 1201, 2002, 2004, 3010, and 3621 of this title] may be cited as the ‘Postal Reorganization Act'."

$ 1005. Applicability of laws relating to Federal em

ployees. (a) (1) Except as otherwise provided in this subsection, the provisions of chapter 75 of title 5 shall apply to officers and employees of the Postal Service except to the extent of any inconsistency with

(A) the provisions of any collective-bargaining agreement negotiated on behalf of and applicable to them; or

(B) procedures established by the Postal Service and approved by the Civil Service Commission.

(2) The provisions of title 5 relating to a preference eligible (as that term is defined under section 2108(3) of such title) shall apply to an applicant for appointment and any officer or employee of the Postal Service in the same manner and under the same conditions as if the applicant, officer, or employee were subject to the competitive service under such title. The provisions of this paragraph shall not be modified by any program developed under section 1004 of this title or any collective-bargaining agreement entered into under chapter 12 of this title.

(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. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 731.)

Part I.-GENERAL

Chapter 2.-ORGANIZATION 8 206. Advisory Council.

TERMINATION OF ADVISORY COUNCILS Advisory Council in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a Council established by the President or an officer of the Federal Government, such Council is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a Council established by the Congress, its duration is otherwise provided for by law, see sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

PART III.-MODERNIZATION AND

FISCAL ADMINISTRATION

Chapter 4.-GENERAL AUTHORITY $ 406. Postal services at Armed Forces installations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3401 of this title.

Chapter 20.-FINANCE $ 2002. Capital of the Postal Service. Ex. ORD. No. 11672. TRANSFER OR FURNISHING OF PROPERTY

Ex. Ord. No. 11672, June 6, 1972, 37 F.R. 11455, provided: § 3202. Penalty mail. PAYMENT OF POSTAGE FOR STATE UNEMPLOYMENT COM

PENSATION SYSTEMS AND EMPLOYMENT SERVICES Section 100 of Pub. L. 92-80, title I, Aug. 10, 1971, 85 Stat. 287, provided in part that: "Such amounts as may be agreed upon by the Department of Labor and the Post Office Department shall be used for the payment, in such manner as said parties may jointly determine, of postage for the transmission of official mail matter in connection with the administration of unemployment compensation systems and employment services by States receiving grants herefrom."

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 29 section 49b.

By virtue of the authority vested in me by the Postal Reorganization Act (39 U.S.C. 2002(d)) and section 301 of title 3 of the United States Code, and as President of the United States it is hereby ordered as follows:

SECTION 1. The authority conferred upon the President by section 2002(d) of title 39 of the United States Code is hereby delegated to the Administrator of General Seryices subject to the provisions of this order.

Sec. 2. Property transferred to the Postal Service under this order shall be subject to reimbursement at fair market value, as agreed to by the Administrator of General Services and the Postmaster General, unless the Director of the Office of Management and Budget finds that a different basis of valuation, or transfer without reimbursement, is more equitable or better serves the public interest.

Sec. 3. Reimbursement of fair market value required for property transfers to the Postal Service under this order may consist of cash payments or, subject to approval by the Director of the Office of Management and Budget, property transferred from the Postal Service to other depa ents, agencies, or independent establishments of the Government of the United States, or both cash and approved properties.

SEC. 4. Heads of agencies furnishing property to the Postal Service under section 411 of title 39 of the United States Code shall require reimbursement at fair market value of such property or at a rate based on appropriate commercial charges for comparable property, as agreed to by the agency head and the Postmaster General, unless the Director of the Office of Management and Budget finds that a different basis of valuation is more equitable or better serves the public interest.

Sec. 5. Delegations of authority made in this order may be redelegated.

RICHARD NIXON.

§ 3204. Restrictions on use of penalty mail.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 5042.

8 3206. Reimbursement for penalty mail service.

*

(d) The Department of State shall transfer to the Postal Service as postal revenues out of appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Seryice, for penalty mailings under clause (1) (C) and (D) of section 3202(a) of this title. (As amended Pub. L. 93–191, $ 9, Dec. 18, 1973, 87 Stat. 745.)

AMENDMENTS 1973–Subsec. (d). Pub. L. 93–191 added subsec. (d).

EFFECTIVE DATE OF 1973 AMENDMENT Subsec. (d) of this section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as a note under section 3210 of this title.

Part IV.-MAIL MATTER

Chapter 30.—NONMAILABLE MATTER 8 3001. Nonmailable matter.

(g) The district courts, together with the District Court of the Virgin Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of section 1716 of title 18. (AS amended Pub. L. 92–191, § 2, Dec. 15, 1971, 85 Stat. 647.)

AMENDMENTS 1971–Subsec. (g). Pub. L. 92–191 added subsec. (g).

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–191 effective at the beginning of the third calendar month following Dec. 15, 1971, or on the date that this section becomes effective pursuant to section 15(a) of Pub. L. 91-375, which is set out as a note preceding section 101 of this title, whichever is later, see section 3 of Pub. L. 92–191, set out as a note under section 1716 of Title 18, Crimes and Criminal Procedure.

8 3210. Franked mail transmitted by the Vice Presi

dent, 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

Chapter 32.—PENALTY AND FRANKED MAIL

Sec. 3210. Franked mail transmitted by the Vice President,

Members of Congress, and congressional officials. 3214. Mailing privilege of former President; surviving

spouse of former President. 3219. Mailgrams.

AMENDMENTS 1973—Pub. L. 93–191, $$ 1(b), 4(b), 12(b), Dec. 18, 1973, 87 Stat. 741, 742, 746, substituted in item 3210 "Franked mail transmitted by the Vice President, Members of Congress, and congressional officials" for "Official correspondence of Vice President and Members of Congress"; substituted in item 3214 “President; surviving spouse of former President" for “Presidents"; and added item 3219, respectively.

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;

(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 Member of Congress to another Member of Congress or to representatives of the legislative 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;

(H) 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 Members 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 Member or Member-elect under the franking privilege; or

(J) mail matter which contains a picture, sketch, or other likeness of any 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, when contained in a newsletter or other general mass mailing of any Member or Member-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 the Member or Member-elect rather than to illustrate accompanying text.

(4) It is the intent of the Congress that the franking 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 Member-elect 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, Congress 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 activities as a Member-elect; (B) mail matter which constitutes or includes

(i) greetings from the spouse or other members of the family of such Member or Memberelect;

(ii) reports of how or when such Member or Member-elect, or the spouse or any other member of the family of such Member or Memberelect, spends time other than in the performance of, or in connection with, the legislative, representative, and other official 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 date 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 in direct response to inquiries 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, and each of the elected officers of the House of Representatives (other than a Member of the House), until the 1st day of April following the expiration of their re

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spective terms of office, 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 mailable 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 during the period of the vacancy.

(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 legislative 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 established 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 Member-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 by a committee organized to administer such funds.

(f) Notwithstanding any other provision of Federal, State, or local law, or any regulation thereunder, the equivalent amount of postage determined under section 3216 of this title on franked mail mailed under the frank of the Vice President or a Member of Congress, and the cost of preparing or printing such frankable matter for such mailing under the frank, shall not be considered as a contribution to, or an expenditure by, the Vice President or a Member of Congress for the purpose of determining any limitation on expenditures or contributions with respect to any such official, imposed by any Federal, State, or local law or regulation, in connection with any campaign of such official for election to any Federal office. (As amended Pub. L. 92–51, § 101, July 9, 1971, 85 Stat. 132; Pub. L. 93–191, § 1(a), Dec. 18, 1973, 87 Stat. 737.)

REFERENCES IN TEXT For classification of Federal Election Campaign Act of 1971 (Public Law 92–225), referred to in subsec. (e) and principally classified to chapter 14 of Title 2, see Short Title note set out under section 431 of Title 2, The Congress.

AMENDMENTS 1973–Subsec. (a). Pub. L. 93–191 added subsec. (a). Former first sentence provided in part for franked mail (1) matter, not exceeding 4 pounds in weight, upon official or departmental business, to a Government official, and (2) correspondence, not exceeding 4 ounces in weight, upon official business to any person.

Subsec. (b) (1). Pub. L. 93–191 incorporated part of former first sentence in provisions designated as subsec. (b) (1), substituted reference to elected officers of the House of Representatives (other than a Member of the House) for former references to Clerk of the House of Representatives and the Sergeant at Arms of the House of Representatives, included reference to Legislative Counsel of the Senate, substituted the 1st day of April for the thirtieth day of June, and substituted internal reference to subsec. (a) (2) and (3) of this section for former provision respecting franked mail (1) matter, not exceeding 4 pounds in weight, upon official or departmental business, to a Government official, and (2) correspondence, not exceeding 4 ounces in weight, upon official business to any person.

Subsec. (b) (2). Pub. L. 93–191 incorporated former second sentence in provisions designated as subsec. (b)(2), substituted provision respecting vacancy in the Office of an elected officer of the House of Representatives (other than a Member of the House) for former provision respecting vacancy in the office of the Clerk of the House of Representatives and the Sergeant at Arms of the House of Representatives and included provision for vacancy in the Office of Legislative Counsel of the Senate.

Subsecs. (c) to (f). Pub. L. 93–191 added subsecs. (c) to (f).

1971–Pub. L. 92-51 authorized franked mall for Legislative Counsel of the House of Representatives and for exercise of the privilege during a vacancy in such office by any authorized person in the officer's name.

EFFECTIVE DATE OF 1973 AMENDMENT Section 14 of Pub. L. 93–191 provided that:

"(a) Except as provided in subsection (b) of this section, the provisions of this Act (enacting section 3219 of this title and sections 501 and 502 of Title 2, amending sections 3206, 3210-3212, 3215, 3216(a), (c), (d), and 3218 of this title and sections 733 and 907 of Title 44, and

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