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"§ 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. 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, 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. I n 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, or Sergeant at Arms of the House of Representatives, any authorized person may exercise this privilege in the officer's name during the period of the vacancy. "§ 3211. Public documents "The Vice President, Members of Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, the Clerk of the House of Representatives, and the Sergeant at Arms of the House of Representatives, until the thirtieth day of June following the expiration of their respective terms of office, may send and receive as franked mail all public documents printed by order of Congress. "§3212. Congressional Record under frank of Members of Congress "Members of Congress may send as franked mail the Congressional Record, or any part thereof, or speeches or reports therein contained. "§ 3213. Seeds and reports from Department of Agriculture "Seeds and agricultural reports emanating from the Department of Agriculture may be mailed— "(1) as penalty mail by the Secretary of Agriculture; and "(2) until the thirtieth day of June following the expiration of their terms of office, as franked mail by Members of Congress. "§ 3214. Mailing privilege of former Presidents "A former President may send all his mail within the United States and its territories and possessions as franked mail. "§ 3215. Lending or permitting use of frank unlawful "A person entitled to use a frank may not lend it or permit its use by any committee, organization, or association, or permit its use by any person for the benefit or use of any committee, organization, or association. This section does not apply to any committee composed of Members of Congress. "§ 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, and the Sergeant at Arms of the House of Representatives, including registry fees if registration is required, and postage on correspondence

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sent by the surviving spouse of a Member under section 3218 of this title, shall be paid by a lump-sum appropriation to the legislative branch for the purpose, and then paid to the Postal Service as postal revenue. "(b) The postage on mail matter sent through the mails under the franking privilege by former Presidents shall be paid by reimbursement of the postal revenues each fiscal year out of the general funds of the Treasury in an amount equivalent to the postage which would otherwise be payable on the mail matter. ^§3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain "Correspondence of the members of the diplomatic corps of the countries of the Postal Union of the Americas and Spain stationed in the United States may be reciprocallv 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. "§3218. Franked mail for surviving spouses of Members of Congress "Upon 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, correspondence relating to the death of the Member. "Chapter 34.—ARMED FORCES A N D FREE POSTAGE "Sec.

"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 United States and of friendly foreign 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.

"§3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations " (a) Letter mail or sound-recorded communications having the character of personal correspondence shall be carried, at no cost to the sender, in the manner provided by this section, when mailed by— "(1) a member of the Armed Forces of the United States on active duty, as defined in section 101(4) and (22) of title 10, and addressed to a place within the delivery limits of a United States post office, if— " (A) such letter mail or sound-recorded communication is mailed by the member at an Armed Forces post office established in an overseas area, as designated by the President, where the Armed Forces of the United States are engaged in action against an enemy of the United States, engaged in military operations involving armed conflict with a hostile foreign force, or serving with a friendly foreign force in an armed conflict in which the United States is not a belligerent; or " (B) the member is hospitalized in a facility under the jurisdiction of the Armed Forces of the United States as a result of disease or injury incurred as a result of service in

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an overseas area designated by the President under clause (A) of this paragraph; or "(2) a member of an armed force of a friendly foreign nation at an Armed Forces post office and addressed to a place within the delivery limits of a United States post office, or a post office of the nation in whose armed forces the sender is a member, if— " (A) the member is accorded free mailing privileges by his own government; " (B) the foreign nation extends similar free mailing privileges to a member of the Armed Forces of the United States serving with, or in, a unit under the control of a command of that foreign nation; " (C) the member is serving with, or in, a unit under the operational control of a command of the Armed Forces of the United States; " (D) such letter mail or sound-recorded communication is mailed by the member— " (i) at an Armed Forces post office established in an overseas area, as designated by the President, where the Armed Forces of the United States are engaged in action against an enemy of the United States, engaged in military operations involving armed conflict with a hostile foreign force, or serving with a friendly foreign force in an armed conflict in which the United States is not a belligerent; or "(ii) while hospitalized in a facility under the jurisdiction of the Armed Forces of the United States as a result of disease or injury incurred as a result of services in an overseas area designated by the President under clause (D)(i) of this paragraph; and " (E) the nation in whose armed forces the sender is a member has agreed to assume all international postal transportation charges incurred. " (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; and " (B) parcels not exceeding 5 pounds in weight and 60 inches in length and girth combined; which are mailed at or addressed to any such Armed Forces post office; "(2) 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 (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; and "(3) parcels exceeding 5 pounds but not exceeding 70 pounds in weight and not exceeding 100 inches in length and girth com-

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bined, 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) 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) of this section. " (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, 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 transportation (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. "(e) This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe. "§ 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 mail service for members of the Armed Forces of the United States and of friendly foreign nations, shall be considered to be an Armed 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 3401 of this title. "§ 3403. Matter for blind and other handicapped persons "(a) The matter described in subsection (b) of this section (other than matter mailed under section 3404 of this title) may be mailed free of postage, if— ''(1) the matter is for the use of the blind or other persons who cannot use or read conventionally printed material because of a physical impairment and who are certified by competent authority as unable to read normal reading material in accordance with the provisions of sections 135a and 135b of title 2; "(2) no charge, or rental, subscription, or other fee, is required for such matter or a charge, or rental, subscription, or other fee is required for such matter not in excess of the cost thereof;

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" (3) the matter may be opened by the Postal Service for inspection; and " (4) the matter contains no advertising. "(b) The free mailing privilege provided by subsection (a) of this section is extended to— " (1) reading matter and musical scores; " (2) sound reproductions; "(3) paper, records, tapes, and other material for the production of reading matter, musical scores, or sound reproductions; "(4) reproducers or parts thereof, for sound reproductions; and " (5) braille writers, typewriters, educational or other materials or devices, or parts thereof, used for writing by, or specifically designed or adapted for use of, a blind person or a person having a physical impairment as described in subsection (a)(1) of this section. "§ 3404. Unsealed letters sent by blind or physically handicapped persons "Unsealed letters sent by a blind person or a person having a physical impairment, as described in section 3403(a)(1) of this title, in raised characters or sightsaving type, or in the form of sound recordings, may be mailed free of postage. "§3405. Markings "All matter relating to blind or other handicapped persons mailed under section 3403 or 3404 of this title, shall bear the words 'Free Matter for the Blind or Handicapped', or words to that effect specified by the Postal Service, in the upper right-hand corner of the address area. "Chapter 36—POSTAL RATES, CLASSES, A N D SERVICES "Sec. "3601. "3602. "3603. ".3604.

' SUBCHAPTER I—POSTAL R A T E COMMISSION Establishment. Terms of office. R u l e s; regulations; procedures. Administration.

" SUBCHAPTER II — P E R M A N E N T R A T E S AND CLASSES O F MAIL •'3621. "3622. •'3623. •'3624. •'3625. '•3626. "3627. ".3628.

Authority to fix rates and classes. R a t e s and fees. Mail classification. Recommended decisions of Commission. Action of the Governors. Reduced rates. Adjusting free and reduced rates. Appellate review. " SUBCHAPTER III — TEMPORARY R A T E S AND CLASSES

"3641. Temporary changes in r a t e s and classes. " SUBCHAPTER IV—POSTAL SERVICES AND COMPLAINTS "3661. Postal services. ".3662. R a t e and service complaints. " SUBCHAPTER V—GENERAL "3681. "3682. "3683. "3684. "3685.

Reimbursement. Size and weight limits. Uniform r a t e s for books; films; other materials. Limitations. Filing of information relating to periodical publications.

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" SUBCHAPTER I — P O S T A L R A T E COMMISSION "§3601. Establishment "There is established, as an independent establishment of the executive branch of the Government of the United States, the Postal Rate Commission composed of 5 Commissioners appointed by the President, not more than 3 of whom may be adherents of the same political party. One of the Commissioners shall be designated as Chairman by, and shall serve in the position of Chairman at the pleasure of, the President. The Commissioners shall be chosen on the basis of their professional qualifications and may be removed only in accordance with section 7521 of title 5. "§3602. Terms of office "The Commissioners of the Postal Rate Commission shall serve for terms of 6 years except that— " (1) the terms of the Commissioners first taking office shall expire as designated by the President at the time of appointment, 1 at the end of 2 years, 2 at the end of 4 years, and 2 at the end of 6 years, following the appointment of the first of them; and "(2) any Commissioner appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. "§ 3603. Rules; regulations; procedures "The Postal Rate Commission shall promulgate rules and regulations and establish procedures, subject to chapters 5 and 7 of title 5, and take any other action they deem necessary and proper to carry out their functions and obligations to the Government of the United States and the people as prescribed under this chapter. Such rules, regulations, procedures, and actions shall not be subject to any change or supervision by the Postal Service. "§ 3604. Administration " (a) The Chairman of the Postal Rate Commission shall have the administrative responsibility for assigning the business of the Commission to the other Commissioners and to the officers and employees of the Commission. All final acts of the Commissioners shall be by a vote of an absolute majority thereof. "(b) The Commission may obtain such facilities and supplies, and appoint and fix the compensation of such officers and employees, as may be necessary to permit the Commission to carry out its functions. The officers and employees so appointed (1) shall be paid at rates of compensation, and shall be entitled to programs offering employee benefits, established under chapter 10 or 12 of this title, as appropriate, and (2) shall be responsible solely to the Commissioners. " (c)(1) The Commission shall periodically prepare and submit to the Postal Service a budget of the Commission's expenses, including but not limited to expenses for facilities, supplies, compensation, and employee benefits. The budget shall be considered approved— " (A) as submitted if the Governors fail to act in accordance with clause (B) of this paragraph; or " (B) as adjusted if the Governors holding office, by unanimous written decision, adjust the total amount of money requested in the budget. Clause (B) shall not be construed to authorize the Governors to adjust any item included within the budget.

47-348 O - 72 - 52 (Pt. 1)

so Stat. 528.

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733.

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[84 STAT.

"(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. " ( ^) The provisions of section 410 and chapter 10 of this title shall apply to the Commission, as appropriate. ' ' SUBCHAPTER II — P E R M A N E N T R A T E S AND C L A S S E S OF MAIL

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"§ 3621. Authority to fix rates and classes "Except as othervrise 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 applicable 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 Commission 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 receiving a request, the Commission shall make a recommended 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 each 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 delivery; "(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; "(4) the effect of rate increases upon the general public, business mail users, and enterprises in the private sector of the economy engaged in the delivery of mail matter other than letters; "(5) the available alternative means of sending and receiving letters and other mail matter at reasonable costs; "(6) the degree of preparation of mail for delivery into the postal system performed by the mailer and its effect upon reducing costs to the Postal Service;

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"' (7) simplicity of structure for the entire schedule and simple, identifiable relationships between the rates or fees charged the various classes of mail for postal services; and "(8) such other factors as the Commission deems appropriate. "§3623. Mail classification " (a) Within 2 years after the effective date of this subchapter, the Postal Service shall request the Postal Rate Commission to make a recommended decision on establishing a mail classification schedule in accordance with the provisions of this section. " (b) Following the establishment of the mail classification schedule requested under subsection (a) of this section, the Postal Service may from time to time request that the Commission submit, or the Commission may submit to the Postal Service on its own initiative, a recommended decision on changes in the mail classification schedule. " (c) The Commission shall make a recommended decision on establishing or changing the schedule in accordance with the policies of this title and the following factors: " (1) the establishment and maintenance of a fair and equitable classification system for all mail; "(2) the relative value to the people of the kinds of mail matter entered into the postal system and the desirability and justification for special classifications and services of mail; "(3) the importance of providing classifications with extremely high degrees of reliability and speed of delivery; "(4) the importance of providing classifications which do not require an extremely high degree of reliability and speed of delivery; "(5) the desirability of special classifications from the point of view of both the user and of the Postal Service; and "(6) such other factors as the Commission may deem appropriate. " (d) The Postal Service shall maintain one or more tlasses of mail for the transmission of letters sealed against inspection. The rate for each such class shall be uniform throughout the United States, its territories, and possessions. One such class shall-prpvide for the most expeditious handling and transportation afforded mail matter by the Postal Service. No letter of such a class of domestic origin shall be opened except under authority of a search warrant authorized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee. "§3624. Recommended decisions of Commission " (a) The Postal Rate Commission shall promptly consider a renuest made under section 3622 or 3623 of this title, except that the Commission shall not recommend a decision until the opportunity for a hearing on the record under sections 556 and 557 of title 5 has been accorded to the Postal Service, users of the mails, and an officer of the Commission who shall be required to represent the interests of the general public. " (b) I n order to conduct its proceedings with utmost expedition consistent with procedural fairness to the par^^ies, the Commission may (without limitation) adopt rules which provide for— "(1) the advance submission of written direct testimony; "(2) the conduct of prehearing conferences to define issues, and for other purposes to insure orderly and expeditious proceedings; "(3) discovery both from the Postal Service and the parties to the proceedings;

80 Stat. 386.

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" (4) limitation of testimony; and "(5) the conduct of the entire proceedings olf the record with the consent of the parties. "(c) The Commission shall transmit its recommended decision in a rate, fee, or classification matter to the Governors. The recommended decision shall include a statement specifically responsive to the criteria established under section 8622 or 3628, as the case may be. "§ 3625. Action of the Governors " (a) Upon receiving a recommended decision from the Postal Rate (Commission, the Governors may approve, allow under protest, reject, or modify that decision in accordance with the provisions of this section. "(b) The Governors may approve the recommended decision and order the decision placed in effect. "(c) The Governors may, under protest, allow a recommended decision of the Commission to take effect and (1) seek judicial review thereof under section 8628 of this title, or (2) return the recommended decision to the Commission for reconsideration and a further recommended decision, which shall be acted upon under this section and subject to review in accordance with section 8628 of this title. " (d) The Governors may reject the recommended decision of the (Commission and the Postal Service may resubmit its request to the Commission for reconsideration. Upon resubmission, the request shall be reconsidered, and a further recommended decision of the Commission shall be acted upon under this section and subject to review in accordance with section 8268 of this title. However, with the unanimous written concurrence of all of the Governors then holding office, the (xovernors may modify any such further recommended decision of the Commission under this subsection if the Governors expressly find that (1) such modification is in accord with the record and the policies of this chapter, and (2) the rates recommended by the Commission are not adequate to provide sufficient total revenues so that total estimated income and appropriations will equal as nearly as practicable estimated total costs. "(e) The decision of the Governors to approve, allow under protest, reject, or modify a recommended decision of the Commission shall be in writing and shall include an estimate of anticipated revenue and a statement of explanation and justification. The decision, the record of the (Commission's hearings, and the Commission's recommended decision shall be made generally available at the time the decision is issued and shall be printed and made available for sale by the Public Printer within 10 days following the day the decision is issued. "(f) The Board shall determine the date on which the new rates, fees, the mail classification schedule, and changes in such schedule under this subchapter shall become effective. "§3626. Reduced rates "If the rates of postage for any class of mail or kind of mailer under former sections 4858, 4859, 4421, 4422, 4452, or 4554 of this 620; 74^stat!^672. ^itle, as such ratcs existed on the effective date of this subchapter, are, (m the effective date of the first rate decision under this subchapter affecting that class or kind, less than the rates established by such decision, a separate rate schedule shall be adopted for that class or kind effective each time rates are established or changed under this subchapter, with annual increases as nearly equal as practicable, so that— "(1) the revenues received from rates for mail under former sections 4358, 4452 (b) and (c), and 4554 (b) and (c) shall not, on and after the first day of the tenth year following the effective

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date of the first rate decision applicable to that class or kind, exceed the direct and indirect postal costs attributable to mail of such class or kind (excluding all other costs of the Postal Service); and " (2) the rates for mail under sections 4859,4421,4422, 4452(a), and 4554(a) shall be equal, on and after the first day of the fifth si^ stau^6i7-620; year following the effective date of the first rate decision applicable to that class or kind, to the rates that would have been in effect for such mail if this subsection had not been enacted, No person who would have been entitled to mail matter under former section 4359 of this title shall mail such matter at the rates provided under this subsection unless he files annually with the Postal Service a written request for permission to mail matter at such rates. "§3627. Ad justing free and reduced rates "If Congress fails to appropriate an amount authorized under section 2401(c) of this title for any class of mail sent at a free or reduced Ante, p, 743. rate under section 3217, 3403-3405, or 3626 of this title, or under the Federal Voting Assistance Act of 1955, the rate for that class may 82^stIt.°'i8^K'^' be adjusted in accordance with the provisions of this subchapter so souse MSI. that the increased revenues received from the users of such class will equal the amount for that class that the Congress was to appropriate. "§ 3628. Appellate review "A decision of the Governors to approve, allow under protest, or modify the recommended decision of the Postal Kate Commission may be appealed to any court of appeals of the United States, within 15 days after its publication by the Public Printer, by an aggrieved party who appeared in the proceedings under section 3624(a) of this title. The court shall review the decision, in accordance with section 706 of title 5, and chapter 158 and section 2112 of title 28, except 622?^*^** ^^^' as otherwise provided in this section, on the basis of the record before 28 USC 2341. the Commission and the Governors. The court may affirm the decision '^^ ^t^** ^/t^' or order that the entire matter be returned for further consideration, but the court may not modify the decision. The court shall make the matter a preferred cause and shall expedite judgment in every way. The court may not suspend the effectiveness of the changes, or otherwise prevent them from taking effect until final disposition of the suit by the court. No court shall have jurisdiction to review a decision made by the Commission or Governors under this chapter except as provided in this section. " SUBCHAPTER III — TEMPORARY R A T E S AND C L A S S E S "§3641. Temporary changes in rates and classes " (a) If the Postal Rate Commission does not transmit to the Governors within 90 days after the Postal Service has submitted, or within 30 days after the Postal Service has resubmitted, to the Commission a request for a recommended decision on a change in rates of postage or in fees for postal services, or on a change in the mail classification schedule (after such schedule is established under section 3623 of this title), the Postal Service, upon 10 days' notice in the ^^^'*^i','^^"°" j " Federal Register, may place into effect temporary changes in rates Federal Register. of postage, in fees for postal service, or in the mail classification schedule it considers appropriate to carry out the provisions of this title. Any temporary change shall be effective for a period ending not later than 30 days after the Commission has transmitted its recommended decision to the Governors, "(b) If, under section 3628 of this title, a court orders a matter returned to the Commission for further consideration, the Postal Serv-

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ice, with the consent of the Commission, may place into effect temporary changes in rates of postage, in fees for postal services, or in the mail classification schedule. "(c) A rate of postage for a class of mail or a fee for a postal service under a temporary change under this section may not exceed the lesser of (1) the rate or fee requested for such class or service, or (2) a rate or fee which is more than one-third greater than the permanent rate or fee in effect for that class or service at the time a permanent change in the rate or fee of such class or service is requested under section 3622 of this title. "SUBCHAPTER IV—POSTAL SERVICES AND COMPLAINTS

80 Stat. 386.

"§ 3661. Postal services " (a) The Postal Service shall develop and promote adequate and efficient postal services. "(b) When the Postal Service determines that there should be a change in the nature of postal services which will generally affect service on a nationwide or substantially nationwide basis, it shall submit a proposal, within a reasonable time prior to the effective date of such proposal, to the Postal Rate Commission requesting an advisory opinion on the change. "(c) The Commission shall not issue its opinion on any proposal until an opportunity for hearing on the record under sections 556 g^j^^j 55'^ Qf ^^^jg g j^^s bccu accorded to the Postal Service, users of the mail, and an officer of the Commission who shall be required to represent the interests of the general public. The opinion shall be in writing and shall include a certification by each Commissioner agreeing with the opinion that in his judgment the opinion conforms to the policies established under this title., "§ 3662. Rate and service complaints "Interested parties who believe the Postal Service is charging rates which do not conform to the policies set out in this title or who believe that they are not receiving postal service in accordance with the policies of this title may lodge a complaint with the Postal Rate Commission in such form and in such manner as it may prescribe. The Commission may in its discretion hold hearings on such complaint. If the Commission, in a matter covered by subchapter II of this chapter, determines the complaint to be justined, it shall, after proceedings in conformity with section 3624 of this title, issue a recommended decision which shall be acted upon in accordance with the provisions of section 3625 of this title and subject to review in accordance with the provisions of section 3628 of this title. If a matter not covered by subchapter II of this chapter is involved, and the Commission after hearing finds the complaint to be justified, it shall render a public report thereon to the Postal Service which shall take such action as it deems appropriate.

"SUBCHAPTER V—GENERAL ''§3681. Reimbursement "No mailer may be reimbursed for any amount paid under any rate or fee which, after such payment, is determined to have been unlawful after proceedings in accordance with the provisions of section 3628 of this title, or is superseded by a lower rate or fee established under subchapter II of this chapter.

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"§ 3682. Size and weight limits " (a) Except as provided in subsection (b) of this section— "(1) the maximum weight of mail other than letter mail is 40 pounds; and "(2) the maximum size is— " (A) 78 inches in girth and length combined before July 1, 1971; and " (B) 84 inches in girth and length combined on and after July 1, 1971. " (b) The maximum size on mail, other than letter mail, is 100 inches in girth and length combined, and the maximum weight is 70 pounds if the mail— "(1) is mailed at, or addressed for delivery at, other than firstclass post offices or on rural or star routes, as such offices and routes existed on the day prior to the effective date of this section, as determined by the Postal Service; "(2) contains baby fowl, live plants, trees, shrubs, or agricultural commodities but not the manufactured products of those commodities; "(3) would have been entitled to be mailed under former section 4554 of this title; 76 Stat. 445; "(4) is addressed to or mailed at any Armed Forces post office ^^ ^*^*' ^^^' ^^°* outside the 50 States; or "(5) is addressed to or mailed in the Commonwealth of Puerto Rico, the States of Alaska and Hawaii, or a possession of the United 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 classification under subchapter II of this chapter. ^nte. p. 76o. "§ 3683. Uniform rates for books; films; other materials "Notwithstanding any other provision of this title, the rates of postage established for mail matter enumerated in former section 4554 of this title shall be uniform for such mail of the same weight, and shall not vary with the distance transported. "§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 any change in any provision of section 3682 or 3683 or chapter 30, 32, or 34 of this title, or of the Federal Voting Assistance Act of Ante, p. 745iQp;Fi -'-^^^-

-

755. 69 Stat. 584;

"§ 3685. Filing of information relating to periodical publications ^^so^usJV451. " (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 and detail and at such time as the Postal Service may require with respect to— "(1) the identity of the editor, managing editor, publishers, and owners; "(2) the identity of the corporation and stockholders thereof, if the publication is owned by a corporation; " (3) the identity of known bondholders, mortgagees, and other security holders; " (4) the extent and nature of the circulation of the publication, including, but not limited to, the number of copies distributed, the

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methods of distribution, and the extent to which such circulation is paid in whole or in part; and "(5) such other information as the Postal Service may deem necessary to determine whether the publication meets the standards for periodical publication mail privileges. The Postal Service shall not require the names of persons owning less than 1 percent of the total amount of stocks, bonds, mortgages, or other securities. "(b) Each publication having such mail privileges shall furnish to the Postal Service information in such form and detail, and at such times, as the Postal Service requires to determine whether the publication continues to qualify for such privileges. "(c) The Postal Service shall make appropriate rules and regulations to carry out the purposes of this section, including provision for suspension or revocation of periodical publication mail privileges for failure to furnish the required information, "PART V—TRANSPORTATION OF MAIL "CHAPTER "50. GENEEAT. "52. TRANSPORTATION OF M A I L BY SURFACE CARRIER "54. TRANSPORTATION OF M A I L BY A I R "56. TRANSPORTATION OF M A I L BY V E S S E L

Sec. 5001 5201 5401 • 5601

"Chapter 50.—GENERAL "Sec. "5001. "5002. "5003. "5004. "5005. "5006. "5007.

Ante, p, 720.

Provisions for carrying mail. Transportation of mail of adjoining countries through the United States. Establishment of post roads. Dif:continuance of service on post roads. Mail transportation. Lien on compensation of contractor. Free transportation of postal employees.

"§5001. Provisions for carrying mail "The Postal Service shall provide for the transportation of mail in accordance with the policies established under section 101(e) and (f) of this title and the provisions of this chapter. Notwithstanding any other provision of this title, the Postal Service may make arrangements on a temporary basis for the transportation of mail when, as determined by the Postal Service, an emergency arises. Such arrangements shall terminate when the emergency ceases and the Postal Service is promptly able to secure transportation services under other provisions of this title. "§5002. Transportation of mail of adjoining countries through the United States "The Postal Service, with the consent of the President, may make arrangements to allow the mail of countries adjoining the United States to be transported over the territory of the United States from one point in that country to any other point therein, at the expense of the country to which the mail belongs, upon obtaining a like privilege for the transportation of United States mail through the country to which the privilege is granted. "§ 5003. Establishment of post roads "The following are post roads: " (1) the waters of the United States, during the time the mail is carried thereon; "^2) railroads or parts of railroads and air routes in operation; "(3) canals, during the time the mail is carried thereon;

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PUBLIC LAW 91-375-AUG. 12, 1970

"(4) public roads, highways, and toll roads during the time the mail is carried thereon; and "(5) letter-carrier routes established for the collection and delivery of mail. "The Postal Service may discontinue service on a post road or part thereof when, in its opinion, the public interest so requires. " (a) The Postal Service may obtain mail transportation service—^ " (1) from common carriers by rail and motor vehicle or persons as provided in chapter 52 of this title; "(2) from air carriers as provided in chapter 54 of this title; "(3) from water carriers as provided in chapter 56 of this title; and "(4) by contract from any person (as defined in section 5201(7) of this title) or carrier for surface and water transportation under such terms and conditions as it deems appropriate, subject to the provisions of this section. " (b)(1) Contracts for the transportation of mail procured under Contracts. subsection (a)(4) of this section shall be for periods not in excess of 4 years (or where the Postal Service determines that special conditions or the use of special equipment warrants, not in excess of 6 years) and shall be entered into only after advertising a sufficient time previously for proposals. The Postal Service, with the consent of the holder of any such contract, may adjust the compensation allowed under that contract for increased or decreased costs resulting from changed conditions occurring during the term of the contract. "(2) A contract under subsection (a)(4) of this section may be Renewal. renewed at the existing rate by mutual agreement between the holder and the Postal Service. "(3) Any contract between the Postal Service and any carrier or inspection. person for the transportation of mail shall be available for inspection in the office of the Postal Service and either the Interstate Commerce Commission or the Civil Aeronautics Board, as appropriate, and in post offices on the post roads involved, as determined by the Postal Service, at least 15 days prior to the effective date of the contract. "(c) The Postal Service, in determining whether to obtain transportation of mail by carrier or person under subsection (a)(1) of this section, by contract under subsection (a)(4) of this section, or by Government motor vehicle, shall use the mode of transportation which best serves the public interest, due consideration being given to the cost of the transportation service under each mode. '^§ 5006. Lien on compensation of contractor " (a) A person who— "(1) performs service for a contractor or subcontractor in the transportation of mail; "(2) files his contract for service with the Postal Service; and " (3) files satisfactory evidence of performance with the Postal Service; shall have a lien on money due the contractor or subcontractor for the service. "(b) The Postal Service may pay the person establishing a lien Payment under subsection (a) of this section the sum due him, when the con- provisions* tractor or subcontractor fails to pay the person the amount of his lien within 2 months after the expiration of the month in which the
 * § 5004. Discontinuance of service on post roads
 * "§ 5005. Mail transportation

767

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[84 STAT.

service was performed. It shall charge the amount so paid to the contract. The payments may not exceed the annual rate of pay of the contractor or subcontractor. "§ 5007. Free transportation of postal employees "Each person or carrier engaged in the transportation of mail shall carry on any vessel, train, motor vehicle, or aircraft he operates, upon exhibiting their credentials and without extra charge therefor, persons on duty in charge of the mails or when traveling to and from such duty. "Chapter 52.—TRANSPORTATION OF MAIL BY SURFACE CARRIER "Sec. ".5201. "5202. ".5203. "5204. ".5205. ".5206. ".5207. "5208. ".5209. ".5210. "5211. ".5212. ".5213. "5214. ".5215.

54 Stat. 920.

41 Stat. 474; 54 Stat. 899.

Definitions. Applicability. Authorization of service by carrier. Changes in service; placement of equipment. Evidence of service. Fines and deductions. I n t e r s t a t e Commerce Commission to fix rates. Procedures. Special rates. Intermodal transportation. Statistical studies. Special contracts. Carrier operations; receipts; expenditures. Agreements with passenger common carriers by motor vehicle. S t a r route certification.

"§ 5201. Definitions "For purposes of this chapter— "(1) 'Commission' means the Interstate Commerce Commission; "(2) 'carrier' and 'regulated surface carrier' mean a railroad, a freight forwarder, a motor carrier, or an express company; "(3) 'railroad' means a railway common carrier, including an electric urban and interurban raiWay common carrier; "(4) 'freight forwarder' means any regulated freight forwarder which holds itself out to the general public as a common carrier to transport or provide transportation of property as authorized by a permit issued by the Commission; "(5) 'motor carrier' means any common carrier by motor vehicle, except a passenger-carrying motor vehicle, within the meanjj^g ^f section 303(a) (14) of title 49, which holds a certificate of public convenience and necessity issued by the Commission; "(6) 'express company' means any express company engaged in transportation as a common carrier for hire under section 1(3) j.,.,, ^^. 01 title 49;

"(7) 'person' includes any person other than a carrier holding a certificate of public convenience and necessity isssued by the Commission; and "(8) 'mail' includes equipment and supplies of the Pc«tal Service. «§ 5202. Applicability "This chapter applies to mail transportation performed by any person or carrier or carrier combination regardless of the mode of transportation actually used to provide the service. "§ 5203. Authorization of service by carrier " (a) The Postal Service may establish mail routes and authorize mail transportation service thereon.

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" (b) A carrier shall transport mail offered for transportation by the Postal Service in the manner, under the conditions, and with the service prescribed by the Postal Service. A carrier is entitled to re- compensation,, ceive fair and reasonable compensation for the transportation and service connected therewith. "(c) The Postal Service shall determine the trains or motor vehicles m^hod^^exce^'tion. upon which mail shall be transported, except that no carrier shall be compelled to transport mail on any train or vehicle which is operated exclusively for the transportation of passengers and their baggage. " (d) A carrier shall transport with due speed such mail as the Postal Service directs under this section. "(e) No carrier shall be required to serve territory it is not otherwise authorized to serve, to provide service for the Postal Service at a rate which is less than compensatory cost, or to provide service at a detriment to the carrier or its other customers. " (f) Any order or determination of the Postal Service providing for the transportation of mail by a motor carrier shall be filed with the Commission. If the Commission finds, within 90 days after the filing, that the order or determination will be detrimental to the motor carrier or its other customers, or that such carrier does not operate equipment suitable for the transportation of mail, the order or determination shall be terminated. " (g) An order or determination of the Postal Service under this section shall be consistent with the orders of the Commission under sections 5207 and 5208 of this title. " (a) The Postal Service may authorize, according to the need therefor, new or additional mail transportation service by carriers at the rate or compensa/tion fixed under this chapter. I t may reduce or discontinue service with pro rata reductions in compensation and indemnity for the loss of reasonable investment in equipment used exclusively for mail. " (b) A railroad shall place cars used for full or apartment post office service in position at such times before departure as the Postal Service directs. "§ 5205. Evidence of service "A carrier shall submit evidence of its performance of mail transportation service, signed by an authorized official, in such form and at such times as the Postal Service requires. Mail transportation service is considered that of the carrier performing it regardless of the ownership of the property used by the carrier. "§5206. Fines and deductions " (a) The Postal Service may fine any carrier an amount not to exceed $500 for each day the carrier refuses to perform mail transportation services required by it at rates or compensation established under this chapter. " (b) The Postal Service shall fine a carrier an amount it deems reasonable for failure or refusal by that carrier to transport mail as required by the Postal Service under section 5203 of this title. "(c) The Board may make deductions from the compensation of a carrier for failure to perform mail transportation service as required under section 5203 of this title. If the failure to perform is due to the fault of the carrier, it may deduct a sum not exceeding twice the compensation applying to such service. Such deductions shall not be made prior to the expiration of 60 days following service upon the carrier by the Board of notice of intention to assess a fine or make a deduction and of the basis therefor.
 * '§ 5204. Changes in service; placement of equipment

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Page:United States Statutes at Large Volume 84 Part 1.djvu/828

 770

Comprehensive plan.

Notice.

Carload or truckload rates.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"§ 5207. Interstate Commerce Commission to fix rates " (a) The Commission shall deteraiine and fix the fair and reasonable rates or compensation for the transportation of mail by.carrier and the service connected therewith, and shall prescribe the method of computing such rates or compensation. The Commission shall publish its orders stating its determination under this section which shall remain in force until changed by it after notice and hearing. "(b) For the purpose of determining and fixing rates or compensation under this section, the Commission may make just and reasonable classifications of carriers and, where just and equitable, fix general rates applicable to carriers in the same classification. " (c) In determining and fixing fair and reasonable rates or compensation under this section, the Commission shall consider the relation between the Government and carriers as public service corporations, and the nature of public service as distinguished, if there is a distinction, from the ordinary transportation business of the carriers. " (d) Initial rates or compensation for mail transportation service by any carrier or carriers shall be those agreed to by the Postal Service and the carrier or carriers, and such rates or compensation shall continue in effect until such time as the Commission fixes the rates or compensation under subsection (a) of this section. "§ 5208. Procedures "(a) At any time after 6 months from the entry of an order stating the Commission's determination under section 5207 of this title, the Postal Service or an interested carrier may apply for a rexamination and substantially similar proceedings as have theretofore been had shall be followed with respect to the rates of compensation for services covered by the application. At the conclusion of the hearing the Commission shall enter an order stating its determination. "(b) Except as authorized by sections 5207(d), 5209, 5210, and 5212 of this title, the Postal Service shall pay a carrier the rates or compensation so determined and fixed for application at such stated times as named in the order. "(c) The Postal Service may file with the Commission a comprehensive plan stating— " (1) its requirements for the transportation of mail by carrier; "(2) the character and speed of the trains or motor vehicles which are to carry the various kinds of mail; "(3) the service, both terminal and en route, which carriers are to render; " (4) what it believes to be the fair and reasonable rates or compensation for the services required; and "(5) all other information which may be material to the inquiry, but such other information may be filed at any time in the discretion of the Commission. " (d) When a comprehensive plan is filed, the Commission shall give notice of not less than 30 days to each carrier required by the Postal Service to transport mail pursuant to such plan. A carrier may file its answer at the time fixed by the Commission, but not later than 30 days after the expiration date fixed by the Commission in the notice, and the Commission shall proceed with the hearing. "§5209. Special rates "Upon petition by the Postal Service, the Commission shall determine and fix carload or truckload, or less than carload or truckload, rates for the transportation of mail not entitled to high priority in transportation. A carrier shall perform the service at the rates so determined when requested to do so and under the conditions prescribed by the Postal Service.

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PUBLIC LAW 91-375-AUG. 12, 1970

"§ 5210. Intermodal transportation "The Postal Service may permit a carrier to perform mail transportation by any form of transportation it deems appropriate at rates or compensation not exceeding those allowable for similar service by the designated form of transportation. "§ 5211. Statistical studies "The Postal Service may arrange for weighing and measuring mail transported on carrier mail routes and make other computations for statistical and administrative purposes to carry out the purposes of this chapter. "§ 5212. Special contracts "The Postal Service may enter into special contracts with any carrier or person, without advertising, for bids and for periods not in excess of 4 years. I t may contract to pay lower rates or compensation or, where in its judgment conditions warrant, higher rates or compensation than those determined or fixed by the (Commission. The fact that the (Commission has not prescribed rates or compensation for the carrier involved, under section 5207 of this title, shall not preclude execution of a contract under this section. Such contracts may be negotiated only after reasonable notice has been posted in adv^ance in post offices on the post roads to be served, and other carriers or persons have been given an opportunity to offer to negotiate for the transportation of mail. "§5213. Carrier operations; receipts; expenditures "The Postal Service shall request any carrier transporting the mails to furnish, under seal, such data relating to the operations, receipts, and expenditures of such carrier as may, in its judgment, be deemed necessary to enable it to ascertain the cost of mail transportation and the proper compensation to be paid for such service. "§5214. Agreements with passenger common carriers by motor vehicle "The Postal Service may enter into contracts under such terms and conditions as it shall prescribe and without advertising for bids for the transportation of mail, in passenger-carrying motor vehicles, by passenger common carriers, or by motor vehicles over the regular routes on which the carrier is permitted by law to transport passengers. "§ 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 effective date of this section (or successor in interest to any such person), shall, upon application to the Commission for the territory within which such contractor operated on or before the effective date of this section be issued a certificate of public convenience and necessity as a motor carrier for the transportation of mail by the Commission without the Commission's requiring further proof that the public convenience and necessity will be served by such operation and without further proceedings. "(b) Applications of persons who were not contractors on the effective date of this section shall be decided in accordance with applicable Commission procedure. "(c) For purposes of this section, the teiTn 'person' has the same meaning given that term under section 1 of title 1.

771

Limitation,

"Person." ^2 Stat. 8 59.

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[84 STAT.

"Chapter 54.—TRANSPORTATION OF MAIL BY AIR "Sec. "5401. Authorization. •'5402. Contracts for transportation of mail by air. "5403. Fines.

7 2 Stat. 737.

72 Stat. 756. 771.

Contract ren e w a l, adjustment.

Cancellation.

"§ 5401. Authorization " (a) The Postal Service is authorized to provide for the safe and expeditious transportation of mail by aircraft. "(b) Except as otherwise provided in section 5402 of this title, the Postal Service may make such rules, regulations, and orders consistent with sections 1301-1542 of title 49, or any order, rule, or regulation made by the Civil Aeronautics Board thereunder, as may be necessary for such transportation. "§ 5402. Contracts for transportation of mail by air "(^a) The Postal Service may contract with any certificated air carrier, without advertising for bids, in such manner and under such terms and conditions as it deems appropriate, for the transportation of mail by aircraft between any of the points between which the carrier is authorized by the Civil Aeronautics Board to engage in the transportation of mail. Such contracts shall be for the transportation of at least 750 pounds of mail per flight, and no more than 10 percent of the domestic mail transported under any such contract or 5 percent, based on weight, of the international mail transported under any such contract shall consist of letter mail. Any such contract shall be filed with the Civil Aeronautics Board not later than 90 days before its effective date. Unless the Civil Aeronautics Board shall determine otherwise (under criteria prescribed by section 1302 of title 49) not later than 10 days prior to the effective date of the contract, such contract shall become effective. " (b) When the Postal Service deems that the transportation of mail by aircraft is required between points between which the Civil Aeronautics Board has not authorized an air carrier or combination of air carriers to engage in the transportation of mail, it may contract with any air carrier in such manner and under such terms and conditions as it may deem appropriate for the transportation of any class or classes of mail. The transportation of mail under contracts entered into under this subsection is not, except for sections 1371(k) and 1386 (b) of title 49, air transportation within the provisions of sections 1301-1542 of title 49. The Postal Service shall cancel such contract, in whole or in respect to certain points as the certificate shall require, upon the issuance by the Civil Aeronautics Board of an authorization under sections 1371-1386 of title 49 to any air carrier to engage in the transportation of mail by aircraft between any of the points named in the contract, and the inauguration of scheduled service by such carrier. "(c) If the Postal Service determines that service by certificated air carriers or combination of air carriers between any pair or pairs of points is not adequate for its purposes, it may contract for a period of not more than 4 years, without advertising for bids, in such manner and under such terms and conditions as it may deem appropriate, with any air taxi operator or combination thereof for such air transportation service. Contracts made under this subsection may be renewed at the existing rate by mutual agreement between the holder and the Postal Service. The Postal Service, with the consent of the air taxi operator, may adjust the compensation under such contracts for increased or decreased costs occasioned by changed conditions occurring during the contract term. The Postal Service shall cancel such a contract when the Civil Aeronautics Board authorizes an additional cer-

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Page:United States Statutes at Large Volume 84 Part 1.djvu/831

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773

tificated carrier or carriers to provide service between any pair or pairs of points covered by the contract, and such carrier or carriers inaugurate schedules adequate for its purposes. "§5403. Fines "The Postal Service may impose or remit fines on carriers transporting mail by air on routes extending beyond the borders of the United States for— " (1) unreasonable or unnecessary delay to mail; and " (2) other delinquencies in the transportation of the mail. "Chapter 56.—TRANSPORTATION OF MAIL BY V E S S E L "Sec. "5601. "5602. "5603. "5604. "5605.

Sea post service. Termination of contracts for foreign transportation. Transportation of mail by vessel a s freight or express. Fines on ocean carriers. Contracts for transportation of mail by vessel.

"§ 5601. Sea post service "The Postal Service may maintain sea post service on ocean vessels conveying mail to and from the United States. "§ 5602. Termination of contracts for foreign transportation "Contracts for the transportation of mail by vessel between the United States and a foreign port shall be made subject to cancellation by the Postal Service or the Congress. "§ 5603. Transportation of mail by vessel as freight or express "The Postal Service may require that mail be transported by freight or express when— "(1) there is no competition on a water route and the rate or compensation asked is excessive; or " (2) no proposal is received. A common carrier by water that fails or refuses to transport the mail when required to do so under this section shall be fined not more than $500 for each day of refusal. "§ 5604. Fines on ocean carriers "The Postal Service may impose or remit fines on carriers transporting mail by vessel on routes extending beyond the borders of the United States for— " (1) unreasonable or unnecessary delay to the mails; and "(2) other delinquencies in the transportation of mail. "§ 5605. Contracts for transportation of mail by vessel "The Postal Service may contract for the transportation of mail by vessel without advertising for bids for periods of not in excess of 4 years." CONTINUATION OF EXISTING RATES AND TEES

SEC. 3. The classes of mail, the rates of postage, and fees for postal services prescribed by law or regulation made or adopted prior to the effective date of subchapter II of chapter 36 of title 39, United States Code, as enacted by section 2 of this Act, shall be in effect according to the terms of such law or regulation until changed in accordance with such subchapter. TRANSITIONAL PROVISIONS

SEC. 4. (a) There are hereby transferred to the United States Postal Service all the functions, powers, and duties of the Post Office Department and the Postmaster General of the Post Office Depart-

Ante, p, 760.

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[84 STAT.

ment, and the Post Office Department and the office of Postmaster General of the Post Office Department are abolished. (b) Postal revenues and fees collected on and after the effective date of this section shall be considered assets of the Postal Service. SAVING

PROVISIONS

SEC. 5. (a) All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective— (A) under any provision of law amended by this Act; or (B) in the exercise of duties, powers, or functions which are transferred under this Act; by (i) any department or agency, any functions of which are transferred by this Act, or (ii) any court of competent jurisdiction; and (2) which are in effect at the time the United States Postal Service commences operations, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Postal Service (in the exercise of any authority vested in it by this Act), by any court of competent jurisdiction, or by operation of law. (b) The provisions of this Act shall not affect any proceedings pending at the time this section takes effect before any department or agency (or component thereof), the functions of which are transferred by this Act; but such proceedings shall be continued before the Postal Service. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Postal Service (in the exercise of any authority vested in it by this Act), by a court of competent jurisdiction, or by operation of law. (c)(1) Except as provided in paragraph (2) of this subsection— (A) the provisions of this Act shall not affect suits commenced prior to the date this section takes effect; and (B) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the Postal Service or, such official of that Service as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. (2) If before the date on which any provision of this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act— (A) such department or agency is transferred to the Postal Service; or (B) any function of such department, agency, or officer is transferred to the Postal Service; such suit shall be continued by the Postal Service.

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PUBLIC LAW 91-375-AUG. 12, 1970

(d) The amendment of any statute by this Act shall not release or extinguish any criminal prosecution, penalty, forfeiture, or liability incurred under such statute, unless the amending Act ^hall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such prosecution, penalty, forfeiture, or liability. (e) With respect to any function, power, or duty transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department or agency, officer, or office so transferred, or functions of which are so transferred, shall be deemed to mean the officer or agency of the Postal Service in which this Act vests such function after such transfer. (f) Provisions of title 39, United States Code, in effect immediately prior to the effective date of this section, but not reenact^d by this Act, shall remain in force as rules or regulations of the Postal Service established by this Act, to the extent the Postal Service is authorized to adopt such provisions as rules or regulations, until they are revoked, amended, or revised by the Postal Service. (g) Notwithstanding section 202 of title 39, United States Code, as enacted by section 2 of this Act, Governors of the Board of Governors of the Postal Service may be paid $300 a day for not more than fjO days of meetings in each of the first 2 years following the effective date of such section 202.

775

Ante, p. 720,

TECHNICAL AMENDMENTS

SEC. 6. (a) Section 225(f) of the Act of December 16, 1967 (81 Stat. 643; 2 U.S.C. 356), is amended— (1) by striking out the word "and" at the end of paragraph (C); (2) by striking out the period at the end of paragraph (D) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (D) a new paragraph (E) as follows: " (E) the Governors of the Board of Governors of the United States Postal Service appointed under section 202 of title 39, United States Code.". (b) Subsection (d)(1) of section 19 of title 3, United States Code, is amended by striking out "Postmaster General,". (c) Title 5, United States Code, is amended as follows: (1) Section 101 is amended by striking out— "The Post Office Department.". (2) Section 104(1) is amended by inserting after "executive branch" the following: "(other than the United States Postal Service or the Postal Rai^e Commission)". (3) Section 2104 is amended— (A) by inserting the subsection designation " (a) " before the word " For "; (B) by inserting after "except" the following: "as otherwise provided by this section or"; and (C) by inserting at the end thereof the following new subsection: " (b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Rate Commission is deemed not an officer for purposes of this title.". (4) Section 2105 is amended by adding at the end thereof the following new subsection: " (e) Except as otherwise provided by law, an eniployee of the United States Postal Service or of the Postal Rate Commission is deemed not an employee for purposes of this title.". 47-348 O - 72 - 53 (Pt. 1)

6 2 Stat. 6 7 7.

8 0 Stat. 378.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/834

 776 80^sta['4i5 81 Stat.' 273! 8oTtal:424. fo^''stai."440.

Repeals,

82lt^au\is"' 1313. ' '

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

(5) Section 3104(a)(5) is repealed. (6) Section 3804a(a) is amended by striking out ", in the postal field service,". (7)(A) Section 3327 is repealed. (B) The analysis of subchapter I of chapter 33 is amended by striking out item 3327. (8) Section 4301(1) (ii) is repealed. (9) Section 5102(c)(1) is repealed. (10) Section 5303(a)(2) is repealed. (11) The first sentence of section 5304 is amended by striking out "the provisions of part III of title 39 relating to employees in the postal field service,"'. (12) Clause (5) of section 5312 is repealed. (13) Section 5314 is amended— (A) by striking out clause (3); and (B) by inserting at the end thereof the following: " (55) Chairman, Postal Rate Commission.". (14) Section 5315 is amended— (A) by striking out clauses (21) and (45); and (B) by inserting at the end thereof the following: "(93) Members, Postal Rate Commission (4).". (^5) ciauses (37), (60), and (123) of section 5316 are repealed. (16) Section 5541(2) (vi) is repealed. (17) Section 6301(2) (ii) is amended by striking out the first comma thereof and the phrase "except an hourly employee in the postal field service,". (1 ^) Section 6323 is amended— (A) by striking out of subsections (a) and (c) the phrase " ( a substitute employee in the postal field service)" wherever it appears; and (B) by striking out subsections (b) and (d). (19) Section 7101 is amended by striking out "postal service" and inserting in lieu thereof "United States Postal Service". (20) Section 8344 is amended by adding at the end thereof the following new subsection: " (c) This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.". (d) Paragraph seventh of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24 seventh), is amended by inserting after "nor to bonds, notes, and other obligations issued by the Tennessee Valley Authority" the words "or by the United States Postal Service". (e) Section 602(c) of the Act of August 7, 1956 (70 Stat. 1113), as amended (12 U.S.C. I701d-3(c)), is further amended by striking out "section 306 of the Penalty Mail Act of 1948 (39 U.S.C. 321n)" and inserting in lieu thereof "section 3204 of title 39, United States Code". (f) Section 301(a) of the Housing Act of 1948 (63 Stat. 431), as amended (12 U.S.C. I701e(a)), is further amended by striking out "39 United States Code 321n" and inserting in lieu thereof "39 United States Code 3204". (g) Section 8(b) of the Small Business Act, as amended by section 107 of the Act of October 11, 1967 (81 Stat. 269; 15 U.S.C. 637(b) (15)), is further amended by striking out "section 4154 of title 39, United States Code" which appears in paragraph 15 and inserting in lieu thereof "section 3204 of title 39, United States Code". (h) Section 2(f) of the Act of May 28, 1963 (77 Stat. 50; 16 U.S.C. 4601-1 (f)), is amended by striking out "section 4154, title 39, United

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Page:United States Statutes at Large Volume 84 Part 1.djvu/835

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States Code", and inserting in lieu thereof "section 3204 of title 39, United States Code". (i) Section 8 of title IT, United States Code, is amended— '^ ^'^'- '^'^^' (1) by striking out "Postmaster General" and inserting in lieu thereof "United States Postal Service"; and (2) by striking out "section 2506 of title 39" and inserting in lieu thereof "section 405 of title 39". (j) Title 18, United States Code, is amended as follows: (1) The analysis of chapter 1 is amended by inserting in item 12, before "Postal" the words "United States". (2) Section 12 is amended to read as follows: ^2 Stat. ese. "§ 12. United States Postal Service defined "As used in this title, the term 'Postal Service' means the United States Postal Service established under title 39, and every officer and employee of that Service, whether he has taken the oath of office.". (3) Section 440 is amended by striking out "Post Office Department" and inserting in lieu thereof "Postal Service". (4) Section 441 is amended by striking out "Post Office Department or the". (5) The first 2 paragraphs of section 500 are amended to read as follows: "Whoever, with intent to defraud, falsely makes, forges, counterfeits, engraves, or prints any order in imitation of or purporting to be a money order issued by the Post Office Department or Postal Service, or by any officer or employee thereof; or "Whoever forges or counterfeits the signature of any officer or employee of the Postal Service, upon or to any money order, postal note, or blank therefor provided or issued by or under the direction of the Post Office Department or the Postal Service, or post office department or corporation of any foreign country, and payable in the United States, or any material signature or indorsement thereon, or any material signature to any receipt of certificate of identification thereof; or". (6) The last 3 paragraphs of section 501 thereof are amended to ^°®'' ^' ^^°" read as follows: "Whoever makes or prints, or authorizes to be made or printed, any postage stamp, stamped envelope, or postal card, of the kind authorized and provided by the Post Office Department, or by the Postal Service, without the special authority and direction of the Department or Postal Service; or "Whoever after such postage stamp, stamped envelope or postal card has been printed, with intent to defraud delivers the same to any person not authorized by an instrument in writing, duly executed under the hand of the Postmaster General and the seal of the Post Office Department or the Postal Service, to receive it— "Shall be fined not more than $500 or imprisoned not more than five years, or both.". (7) Sections 612 and 876 are amended by striking out the phrase ^4 Stat. 475. "Post Office Department" wherever it appears and inserting m lieu ^^ ^'^*' ^'*^' thereof "Postal Service". (8) Section 877 is amended by striking out the phrase "Post Office Department of the United States" wherever it appears and inserting in lieu thereof "Postal Service". (9) Section 1114 is amended by striking out "postal inspector, any 8/Utat^/j2i; postmaster, officer, or employee in the field service of the Post Office Department" and inserting in lieu thereof "officer or employee of the Postal Service".

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Page:United States Statutes at Large Volume 84 Part 1.djvu/836

 778

18 u*sc* l^o'

66 Stat. 325. 62 Stat. 778.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

^^^^ Section 1303 is amended by striking out "a postmaster or other person employed in" and inserting in lieu thereof "an officer or employee of". (11) Section 1341 is amended by striking out "Post Office Department" and inserting in lieu thereof "Postal Service". (12) Section 1342 is amended by striking out "Post Office Department of the United States" and inserting in lieu thereof "Postal Service". (13) Section 1463 is amended by striking out "Postmaster General" in section 1463 and inserting in lieu thereof "Postal Service". (14) Section 1696(c) is amended by striking out "section 500 of title 39" and inserting in lieu thereof "section 601 of title 39". (15) Section 1699 is amended by striking out "Postmaster General" wherever appearing therein and inserting in lieu thereof "Postal Service". (^g) ( ^) Subsection (a) of section 1703 is amended to read as follows: " (a) Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Pdstal Service, shall be fined not more than $500 or imprisoned not more than five years, or both.". (B) Subsection (b) of section 1703 is amended by striking out the phrase "postmaster or Postal Service employee" wherever it appears and inserting in lieu thereof "Postal Service officer or employee". (17) Section 1704 is amended by inserting "or the Postal Service" after the words "Post Office Department" wherever they appear. (18) Section 1707 is amended by striking out "Post Office Department" and inserting in lieu thereof "Postal Service". (19)(A) Section 1709 is amended to read as follows: "§ 1709. Theft of mail matter by officer or employee "Whoever, being a Postal Service officer or employee, embezzles any letter, postal card, package, bag, or mail, or any article or thing contained therein entrusted to him or which comes into his possession intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or of the Postal Service; or steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein, shall be fined not more than $2,000 or imprisoned not more than five years, or both.". (B) The analysis of chapter 83 is amended by striking out— "1709. Theft of mail matter by postmaster or employee."

and inserting in lieu thereof— "1709. Theft of mail matter by officer or employee.".

(20) Section 1710 is amended by striking out "postmaster or Postal Service employee" and inserting in lieu thereof "Postal Service officer or employee". (21) Section 1711 is amended— (A) by striking out the phrase "postmaster or Postal Service employee" and inserting in lieu thereof "Postal Service officer or employee";

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Page:United States Statutes at Large Volume 84 Part 1.djvu/837

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

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(B) by striking out "Post Office Department" and inserting in lieu thereof "Postal Service"; (C) by striking out "postmaster" wherever it appears in the second paragraph and inserting in lieu thereof "Postal Service officer or emplovee"; and (D) by striking out "Postmaster General" wherever appearing in section 1711, and inserting in lieu thereof "Postal Service", ^g y*|^* ^^°[^ (22) Section 1712 is amended— (A) by striking out the phrase "postmaster or Postal Service employee" and inserting in lieu thereof "Postal Service officer or employee"; (B) by striking out "Post Office Department" and inserting in lieu thereof "Postal Service"; (C) by striking out "postmaster or employee" in the second paragraph and inserting in lieu thereof "Postal Service officer or employee"; and (D) by striking out "postmaster or other person" in the second paragraph and inserting in lieu thereof "officer or employee". (23) Section 1713 is amended by striking out "a postmaster or other person employed in any branch of the Postal Service" and inserting in lieu thereof "an officer or employee of the Postal Service". (24) Section 1715 is amended— (A) by striking out "Postmaster General" wherever appearing therein and inserting in lieu thereof "Postal Service"; and (B) by striking out "postmaster, letter carrier, or other person in" and inserting in lieu thereof "officer or employee of". (25)(A) The second, third, and fourth paragraphs of section 1716 ^^ ^t^** ^^• are amended to read as follows: "The Postal Service may permit the transmission in the mails, under such rules and regulations as it shall prescribe as to preparation and packing, of any such articles which are not outwardly or of their own force dangerous or injurious to life, health, or property. "The Postal Service is authorized and directed to permit the trans- ^^.\Y^ scorpions, mission in the mails, under regulations to be prescribed by it, of live ""^^ *"^* scorpions which are to be used for purposes of medical research or for the manufacture of antivenom. Such regulations shall include such provisions with respect to the packaging of such live scorpions for transmission in the mails as the Postal Service deems necessary or desirable for the protection of Postal Service personnel and of the public generally and for ease of handling by such personnel and by any individual connected with such research or manufacture. Nothing contained in this paragraph shall be construed to authorize the transmission in the mails of live scorpions by means of aircraft engaged in the carriage of passengers for compensation or hire. "The transmission in the mails of poisonous drugs and medicines may be limited by the Postal Service to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians under such rules and regulations as it shall prescribe.". (B) Section 1716 is amended— (i) by striking out "Postmaster General" wherever else appearing therein and inserting in lieu thereof "Postal Service"; (ii) by striking out "letter carrier" in the first paragraph and inserting in lieu thereof "officer or employee of the Postal Service"; and (iii) by striking out "postmaster, letter carrier, or other person in the postal service" in the seventh paragraph and inserting in lieu ^^ ^*^'' ^^^* thereof "officer or employee of the Postal Service".

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Page:United States Statutes at Large Volume 84 Part 1.djvu/838

 780 18 ijsc?n6A 62 Stat. 782.

70 Stat. 784.

62 Stat. 783.

8 2 Stat. 396. 74 Stat. 7 0 5.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

(^^) ^^ction 1716A is amended by striking out "section 4010'* and inserting in lieu thereof "section 3002". ^£7) Section 1717(b) is amended by striking out "of the United States". (28) Section 1718 is amended by striking out "Postmaster General" and inserting in lieu thereof "Postal Service". (gQ) Section 1721 is amended— (A) by striking out "postmaster or postal service employee" and inserting in lieu thereof "Postal Service officer or employee"; (B) by striking out the phrase "Post Office Department" wherever it appears and inserting in lieu thereof "Postal Service"; (C) by striking out "postmaster or other person" and inserting in lieu thereof "officer or employee"; and (D) by striking out "the postmaster or any employee of a post office or station or branch thereof" and inserting in lieu thereof "any such officer or employee". (30) Section 1722 is amended by striking out "any postmaster or to the Post Office Department or any officer of the Postal Service" and inserting in lieu thereof "the Postal Service or to any officer or employee of the Postal Service". (31) Section 1723 is amended by striking out "the Postmaster General" and inserting in lieu thereof "a duly authorized officer of the Postal Service". (32) Section 1724 is amended to read as follows: "§ 1724. Postage on mail delivered by foreign vessels "Except as otherwise provided by treaty or convention the Postal Service may require the transportation by any steamship of mail between the United States and any foreign port at the compensation fixed under authority of law. Upon refusal by the master or the commander of such steamship or vessel to accept the mail, when tendered by the Postal Service or its representative, the collector or other officer of the port empowered to grant clearance, on notice of the refusal aforesaid, shall withhold clearance, until the collector or other officer of the port is informed by the Postal Service or its representative that the master or commander of the steamship or vessel has accepted the mail or that conveyance by his steamship or vessel is no longer required by the Postal Service". (33) Section 1725 is amended by striking out "Postmaster General" and inserting in lieu thereof "Postal Service.". (34) Section 1729 is amended by striking out "Postmaster General" and inserting in lieu thereof "Po=tal Service". (35) Section 1730 is amended by striking out "Postmaster General" and inserting in lieu thereof "Postal Service". (36)(A) Section 1733 is amended to read as follows: '^§1733. Mailing periodical publications without prepayment of postage "Whoever, except as permitted by law, knowingly mails any periodical publication without the prepayment of postage, or, being an officer or employee of the Postal Service, knowingly permits any periodical publication to be mailed without prepayment of postage, shall be fined not more than $1,000, or imprisoned not more than one year, or both.". (B) The analysis of chapter 83 is amended by striking out— "1733. AfiBdavits relating to second-class mail." and inserting in lieu thereof— "1733. Mailing periodical publications without prepayment of postage.".

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Page:United States Statutes at Large Volume 84 Part 1.djvu/839

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PUBLIC LAW 91-375-AUG. 12, 1970

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(87)(A) Chapter 83 is further amended by adding at the end thereof 7/813*^707,^' the following: new sections: 706.

18 USC 1691.

"§ 1735. Sexually oriented advertisements 1734. " (a) Whoever— "(1) willfully uses the mails for the mailing, carriage in the mails, or delivery of any sexually oriented advertisement in violation of section 3010 of title 39, or willfully violates any regula- ^"'e, p. 749. tions of the Board of Governors issued under such section; or "(2) sells, leases, rents, lends, exchanges, or licenses the use of, or, except for the purpose expressly authorized by section 3010 of title 39, uses a mailing list maintained by the Board of Governors under such section; shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first offense, and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for any second or subsequent offense. "(b) For the purposes of this section, the term 'sexually oriented advertisement' shall have the same meaning as given it in section: 3010(d) of title 39. "§ 1736. Restrictive use of information " (a) No information or evidence obtained by reason of compliance by a natural person with any provision of section 3010 of title 39, or regulations issued thereunder, shall, except as provided in subsection (c) of this section, be used, directly or indirectly, as evidence against that person in a criminal proceeding. " (b) The fact of the performance of any act by an individual in compliance with any provision of section 3010 of title 39, or regulations issued thereunder, shall not be deemed the admission of any fact, or otherwise be used, directly or indirectly, as evidence against that person in a criminal proceeding, except as provided in subsection (c) of this section. "(c) Subsections (a) and (b) of this section shall not preclude the use or any such information or evidence in a prosecution or other action under any applicable provision of law with respect to the furnishing of false information. "§ 1737. Manufacturer of sexually related mail matter " (a) Whoever shall print, reproduce, or manufacture any sexually related mail matter, intending or knowing that such matter will be deposited for mailing or delivery by mail in violation of section 3008 or 3010 of title 39, or in violation of any regulation of the Postal Service issued under such section, shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first offense, and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for any second or subsequent offense. "(b) As used in this section, the term 'sexually related mail matter' means any matter which is within the scope of section 3008(a) or 3010(d) of title 39.". (B) The table of contents of such chapter is amended by adding at the end thereof the following new items: "1735. Sexually oriented advertisements. "1736. Restrictive use of information. "1737. Manufacturer of sexually related mail matter.".

(38)(A) Section 3061 is amended— (i) by striking out the section heading and inserting in lieu thereof the following:

82 Stat. 998.

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Page:The Eurypterida of New York Volume 1.pdf/131

 shorter than wide. In all eurypterids the preabdominal segments are greatly wider than long and it is hence safe to infer that the carapace also was originally wider than long, and to assume for the prototype a small, short carapace of the width of the preabdomen.

In one section of the eurypterids the lateral eyes are marginal and faceted, and in the other situated on the dorsal surface and smooth. It is important to determine which of the two forms of eyes is the more primitive. Laurie has argued in favor of the eyes of Pterygotus, representing the first group, basing his view on a comparison with the trilobites (on the assumption that the eurypterids are derived from the trilobites), the Scorpionidae and Thelyphonidae, "which must be derived from some way down the eurypterid stem." The Lower Siluric fauna is constituted of species with submarginal eyes and this fact seems to favor Laurie's view.

It is a proper assumption that the appendages of the prototype were undifferentiated. Those of Strabops are unknown with the exception of two segments of the last pair which indicate a primitive form of appendage, and eurypterid larvae have also failed to afford any conclusive evidence bearing on this point. The Siluric genera all exhibit far-reaching differentiation in the legs; this manifests itself especially in the last pair which has been variously transformed either into broad and strong paddles or excessively lengthened; the preoral appendages have been developed into enormous pincers in at least one genus, Pterygotus, but the four pairs of walking legs which lie between these extremes have remained relatively simple in construction, especially so in Pterygotus where all four are alike, rather slender and without spines. Laurie has regarded the simple character of the Pterygotus legs as an argument in favor of the primitive character of the genus. While we do not share this view we agree as to the manifest primitiveness of these four pairs of legs and therefore assign such appendages to the prototype. In Eurypterus the fourth pair has also


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Page:United States Statutes at Large Volume 84 Part 1.djvu/840

 782

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"§ 3061. Powers of postal personnel"; (ii) by striking out of subsection (a) the words "postal inspectors may, to the extent authorized by the Postmaster General—" and inserting in lieu thereof "officers and employees of the Postal Service performing duties related to the inspection of postal matters may, to the extent authorized by the Board of Governors—"; and (iii) by striking out of subsection (b) the words "postal service" and inserting m lieu thereof "Postal Service, including property of the Postal Service,". (B) The analysis of chapter 203 is amended by striking out— "3061. Powers of postal inspectors." and inserting in lieu thereof— "3061. Powers of postal personnel.".

Repeals.

75 s° ^^^I'le^^'

Repeal.

79 Stat. 1303.

(k) Section 1(d) of the Act of June 8, 1938 (52 Stat. 631), as amended (66 Stat. 250; 22 U.S.C. 611(d)), is further amended by striking out "file with the Postmaster General a sworn statement in compliance with section 2 of the Act of August 24, 1912 (37 Stat. 553), as amended", and inserting in lieu thereof, "file with the United States Postal Service information in compliance with section 3611 of title 39, United States Code". (1)(1) The sixth subdivision of section 7 of the Act of July 31, 1894 (28 Stat. 206; 31 U.S.C. 72 F i f t h), and the second proviso of section 10 of the Act of August 24, 1912 (37 Stat. 559; 31 U.S.C. 72 Fifth) are repealed. (2) Section 1 of the Act of March 6, 1946 (60 Stat. 31), as amended (31 U.S.C. 129), is further amended by inserting after "PostmasterGeneral," the following: "the United States Postal Service,". (3) Section 1302 of the Act of July 27, 1956, as amended (31 U.S.C. 724a), is further amended by adding the following sentence thereto: "Notwithstanding the other provisions of this section, judgments against the United States arising out of activities of the United States Postal Service shall be paid by the Postal Service out of any funds available to it.". (4) Section 1 of the Act of September 30, 1890 (26 Stat. 511; 31 U.S.C. 1028) is hereby repealed. (m)(l) Section 411(f) of the Public Buildings Act of 1949, as amended (68 Stat. 520; 40 U.S.C. 356(f)), is further amended by striking: out in the third proviso "section 205 of the Post Office Department Property Act of 1954" and inserting in lieu thereof "section 2003 of title 39, United States Code". (2) Item (15) of section 602(d) of the Act of June 30, 1949 (63 g^^t. 401), as amended (40 U.S.C. 474(15)) is further amended to read as follows: "(15) The United States Postal Service;". (3) Section 16 of the Act of September 9, 1959 (73 Stat. 483; 40 U.S.C. 615) is amended to read as follows: "SEC. 16. Nothing in this Act shall be construed to limit or repeal— " (1) existing authorizations for the leasing of buildings by and for the General Services Administration; or "(2) the authority conferred by law on the United States Postal Service.". (4) The third proviso of section 3 of the Act of August 10, 1939 (50 Stat. 479), as amended (40 TT.S.C. 723), is further amended by striking out "insofar as such loss, destruction, or damage may be adjusted by the Postmaster General under the provisions of the Act of March 17, 1882, as amended (U.S.C. 1934 edition, title 39, sec. 49)", and inserting in lieu thereof the following: "insofar as such loss, destruction, or

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