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., 1701d-3(c), and 1701e (a) of Title 12, section 637(b) (15) of Title 15, section 4601-1(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129, and 724a of Title 31, sections 356(f), 474 (15), 615, 723, and 724 of Title 40, and section 2942(1) of Title 42, repealed section 3327 of Title 5 and section 1028 of Title 31, and enacted provisions set out as notes hereunder and under sections 201, 601, 1001, 1003. 1201, 2002,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'." Part II-PERSONNEL Chapter 10.-EMPLOYMENT WITHIN § 1005. Applicability of laws relating to Federal employees. (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 III-MODERNIZATION AND FISCAL ADMINISTRATION 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: 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 Services 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 departments, 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 Part IV.-MAIL MATTER Chapter 30.-NONMAILABLE MATTER §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. Chapter 32. PENALTY AND FRANKED MAIL § 3202. Penalty mail. PAYMENT OF POSTAGE FOR STATE UNEMPLOYMENT COMPENSATION 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." § 3210. Official correspondence of Vice President and Members of Congress. The Vice President, Members, and Members-elect of Congress, Secretary of the Senate, Sergeant at Arms of the Senate, Clerk of the House of Representatives, and Sergeant at Arms of the House of Representatives, until the thirtieth day of June following the expiration of their respective terms of office, and the Legislative Council of the House of Representatives, may send as 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. In the event of a vacancy in the office of the Secretary of the Senate, Sergeant at Arms of the Senate, Clerk of the House of Representatives, Sergeant at Arms of the House of Representatives, Legislative Counsel of the House of Representatives, any authorized person may exercise this privilege in the officer's name during the period of the vacancy. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 132.) AMENDMENTS 1971-Pub. L. 92-51 authorized franked mail for Legislative Counsel of the House of Representatives and for ex82-999 0-73-vol. 2-64 ercise of the privilege during a vacancy in such office by any authorized person in the officer's name. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 282d. § 3216. Reimbursement for franked mailings. (a) The postage on mail matter sent and received through the mails under the franking privilege by the Vice President, Members and Members-elect of Congress, the Secretary of the Senate, Sergeant at Arms of the Senate, Clerk of the House of Representatives, Sergeant at Arms of the House of Representatives, and Legislative Counsel of the House of Representatives, including registry fees if registration is required, and postage on correspondence sent by the surviving spouse of a Member under section 3218 of this title, shall be paid by a lumpsum appropriation to the legislative branch for the purpose, and then paid to the Postal Service as postal revenue. (As amended Pub. L. 92-51, § 101, July 9, 1971, 85 Stat. 132.) AMENDMENTS 1971-Subsec. (a). Pub. L. 92-51 provided for reimbursement of Legislative Counsel of House of Representatives for franked mailings. Chapter 34.-ARMED FORCES AND FREE POSTAGE § 3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations. (b) There shall be transported by air, between Armed Forces post offices which are located outside the 48 contiguous States of the United States or between any such Armed Forces post office and the point of embarkation or debarkation within the United States, the territories and possessions of the United States in the Pacific area, the Commonwealth of Puerto Rico, the Virgin Islands, or the Canal Zone, on a space available basis, on scheduled United States air carriers at rates fixed and determined by the Civil Aeronautics Board in accordance with section 1376 of title 49, the following categories of mail matter: (1) (A) letter mail or sound-recorded communications having the character of personal correspondence; (B) parcels not exceeding 15 pounds in weight and 60 inches in length and girth combined; and (C) publications entitled to a periodical publication rate published once each week or more frequently and featuring principally current news of interest to members of the Armed Forces and the general public, which are mailed at or addressed to any such Armed Forces post office; (2) parcels not exceeding 70 pounds in weight and 100 inches in length and girth combined, which are mailed at any such Armed Forces post office; and (3) parcels exceeding 15 pounds but not exceeding 70 pounds in weight and not exceeding 100 inches in length and girth combined, including surface-type official mail, which are mailed at or addressed to any such Armed Forces post office where adequate surface transportation is not available. Whenever adequate service by scheduled United States air carriers is not available to provide transportation of mail matter by air in accordance with this subsection, the transportation of such mail may be authorized by other than scheduled United States air carriers. (c) Any parcel, other than a parcel mailed at a rate of postage requiring priority of handling and delivery, not exceeding 30 pounds in weight and 60 inches in length and girth combined, which is mailed at or addressed to any Armed Forces post office established under section 406(a) of this title, shall be transported by air on a space available basis on scheduled United States air carriers at rates fixed and determined by the Civil Aeronautics Board in accordance with section 1376 of title 49, upon payment of a fee for such air transportation in addition to the rate of postage otherwise applicable to such a parcel not transported by air. If adequate service by scheduled United States air carriers is not available, any such parcel may be transported by air carriers other than scheduled United States air carriers. (d) The Department of Defense shall transfer to the 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, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails under authority of subsection (a) in this section. (e) The Department of Defense shall transfer to the 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, sums equal to the 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 expense of air trans portation (1) for which the Postal Service collects a special charge to the extent the special charge covers the additional expense 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. (As amended Pub. L. 92-469, §§ 1, 2, Oct. 6, 1972, 86 Stat. 782, 783.) AMENDMENTS 1972-Subsec. (b)(1). Pub. L. 92-469, § 1, substituted "15" for "5" pounds in cl. (B), redesignated former subsec. (b) (2) as (b) (1) (C), and deleted therefrom former cls. reading "(A) in an overseas area designated by the President under subsection (a) of this section, or (B) in an isolated, hardship, or combat support area overseas, or where adequate surface transportation is not available". Subsec. (b) (2). Pub. L. 92–469, § 1, added subsec. (b) (2). Former subsec. (b) (2) redesignated subsec. (b)(1)(C). Subsec. (b) (3). Pub. L. 92-469, § 1, substituted "15" for "5" pounds. Subsec. (c). Pub. L. 92-469, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsecs. (d)-(f). Pub. L. 92-469, § 2(1), redesignated former subsecs. (c)-(e) as (d)-(f). PART V.-TRANSPORTATION OF MAIL Chapter 50.-GENERAL § 5005. Mail transportation (b) (1) (2) A contract under subsection (a) (4) of this section may be renewed at the existing rate by mutual agreement between the contractor or subcontractor and the Postal Service. (As amended Pub. L. 92-286, May 1, 1972, 86 Stat. 133.) AMENDMENTS 1972 Subsec. (b) (2). Pub. L. 92-286 substituted "contractor or subcontractor" for "holder". |