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727

"§ 412. Nondisclosure of lists of names and addresses "Except as specifically provided by law, no officer or employee of the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past or present) of postal patrons or other persons. "Chapter 6.—PRIVATE CARRIAGE OF LETTERS "Sec.

"601. "602. "603. "60i. "605. "606.

Letters carried out of the mail. Foreign letters out of the mails. Searches authorized. Seizing and detaining letters. Searching vessels for letters. Disposition of seized mail.

"§ 601. Letters carried out of the mail " (a) A letter may be carried out of the mails when— " (1 ^ it is enclosed in an envelope; " (2) the amount of postage which would have been charged on the letter if it had been sent by mail is paid by stamps, or postage meter stamps, on the envelope; "(3) the envelope is properly addressed; "(4) the envelope is so sealed that the letter cannot be taken from it without defacing the envelope; "(5) any stamps on the envelope are canceled in ink by the sender; and "(6) the date of the letter, of its transmission or receipt by the carrier is endorsed on the envelope in ink. "(b) The Postal Service may suspend the operation of any part of this section upon any mail route where the public interest requires the suspension. "§ 602. Foreign letters out of the mails " (a) Except as provided in section 601 of this title, the master of a vessel departing from the United States for foreign ports may not receive on board or transport any letter which originated in the United States that— " (1) has not been regularly received from a United States post office; or " (2) does not relate to the cargo of the vessel. "(b) The officer of the port empowered to grant clearances shall I'equire from the master of such a vessel, as a condition of clearance, an oath that he does not have under his care or controlj and will not receive or transport, any letter contrary to the provisions of this section. "(c) Except as provided in section 1699 of title 18, the master of a 66^|tat?32r^' vessel arriving at a port of the United States carrying letters not regularly in the mails shall deposit them in the post office at the port of arrival. "§ 603. Searches authorized "Tl'he Postal Service may authorize any officer or employee of the Postal Service to make searches for mail matter transported in violation of law. When the authorized officer has reason to believe that mailable matter transported contrary to law may be found therein, he may open and search any— "(1) vehicle passing, or having lately passed, from a place at which there is a post office of the United States; "(2) article being, or having lately been, in the vehicle; or "(3) store or office, other than a dwelling house, used or occupied by a common carrier or transportation company, in which an article may be contained. 47-348 O - 72 - 50 (Pt. 1)

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[84 STAT.

"§ 604. Seizing and detaining letters "An officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputy, may seize at any time, letters and bags, packets, or parcels containing letters which are being carried contrary to law on board any vessel or on any post road. The officer or employee who makes the seizure shall convey the articles seized to the nearest post office, or, by direction of the Postal Service or the Secretary of the Treasury, he ma^ detain them until 2 months after the final determination of all suits and proceedings which may be brought within 6 months after the seizure against any person for sending or carrying the letters. "§ 605. Searching vessels for letters "An officer or employee of the Postal Service performing duties related to the inspection of postal matters, when instructed by the Postal Service to make examinations and seizures, and any customs officer without special instructions shall search vessels for letters which may be on board, or which may have been conveyed contrary to law. ''§ 606. Disposition of seized mail "Every package or parcel seized by an officer or employee of the Postal Service performing duties related to the inspection of postal matters, a customs officer, or United States marshal or his deputies, in which a letter is unlawfully concealed, shall be forfeited to the United States. The same proceedings may be used to enforce forfeitures as are authorized in respect of goods, wares, and merchandise forfeited for violation of the revenue laws. Laws for the benefit and protection of customs officers making seizures for violating revenue laws apply to officers and employees making seizures for violating the postal laws. "PART II—PERSONNEL "CHAPTER "10. EMPLOYMENT W I T H I N THE POSTAL SERVICE "12. EMPLOYEE-MANAGEMENT AGREEMENTS

Sec, 1001 1201

"Chapter 10.—EMPLOYMENT WITHIN THE POSTAL SERVICE "Sec. "1001. "1002. "1003. "1004. "1005. "1006. "1007. "1008. "1009. "1010. "1011.

Appointment and status. Political recommendations. Employment policy. Supervisory and other managerial organizations. Applicability of laws relating to Federal employees. Right of transfer. Seniority for employees in r u r a l service. Temporary employees or carriers. Personnel not to receive fees. Administration of o a t h s related to postal inspection m a t t e r s. Oath of office.

"§ 1001. Appointment and status " (a) Except as otherwise provided in this title, the Postal Service shall appoint all officers and employees of the Postal Service. "(b) Officers and employees of the Postal Service (other than those individuals appointed under sections 202, 204, and 1001(c) of this Ante, pp. 7 20, title) shall be in the postal career service, which shall be a part of the 721. civil service. Such appointments and promotions shall be in accordance with the procedures established by the Postal Service. The Postal Service shall establish procedures, in accordance with this title, to assure its officers and employees meaningful opportunities for promotion and career development and to assure its officers and employees full iJrotection of their employment rights by guaranteeing them an

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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opportunity for a fair hearing on adverse actions, with representatives of their own choosing. "(c) The Postal Service may hire individuals as executives under ploymentt i v e s, ^ E x e c u con^ employment contracts for periods not in excess of 5 years. Not with- Tracts. standing any such contract, the Postal Service may at its discretion and at any time remove any such individual without prejudice to his contract rights. " (d) Notwithstanding section 5533, 5535, or 5536 of title 5, or any Jjjf^ ^"P^°^" other provision of law, any officer or employee of the Government of so Stat. 483, 84 the United States is eligible to serve and receive pay concurrently as 4'"'. an officer or employee of the Postal Service (other than as a member of the Board or of the Postal Rate Commission) and as an officer or employee of any other department, agency, or establishment of the Government of the United States. " (e) The Postal Service shall have the right, consistent with section 1003 and chapter 12 of this title and applicable laws, regulations, and Post, p. 733. collective-bargaining agreements— " (1) to direct officers and employees of the Postal Service in the performance of official duties; "(2) to hire, promote, transfer, assign, and retain officers and employees in positions within the Postal Service, and to suspend, demote, discharge, or take other disciplinary action against such officers and employees; "(3) to relieve officers and employees from duties because of lack of work or for other legitimate reasons;. "(4) to maintain the efficiency of the operations entrusted to it; " (5) to determine the methods, means, and personnel by which such operations are to be conducted; "(6) to prescribe a uniform dress to be worn by letter carriers and other designated employees; and " (7) to take whatever actions may be necessary to carry out its mission in emergency situations. "§ 1002. Political recommendations " (a) Except as provided in subsection (e) of this section, each appointment, promotion, assignment, transfer, or designation, interim or otherwise, of an officer or employee in the Postal Service (except a Governor or member of the Postal Rate Commission) shall be made without regard to any recommendation or statement, oral or written, with respect to any person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, made by— "(1) any Member of the Senate or House of Representatives (including the Resident Commissioner from Puerto Rico); " (2) any elected official of the government of any State (including the Commonwealth of Puerto Rico) or of any county, city, or other political subdivision of such State or Commonwealth; "(3) any official of a national political party or of a political party of any State (including the Commonwealth of Puerto Rico), county, city, or other subdivision of such State or Commonwealth; or "(4) any other individual or organization. " (b) Except as provided in subsection (e) of this section, a person exce°'tion'°"' or organization referred to in clause (1), (2), (3), or (4) of subsection (a) of this section is prohibited from making or transmitting to the Postal Service, or to any other officer or employee of the Government of the United States, any recommendation or statement, oral or written, with respect to any person who requests or is under consideration for any such appointment, promotion, assignment, transfer, or designation. The Postal Service and any officer or employee of the

729

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 730

80 Stat. 523. p'ost, p. 73°!

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

Government of the United States, subject to subsection (e) of this section— "(1) shall not solicit, request, consider, or accept any such recommendation or statement; and "(2) shall return any such written recommendation or statement received by him, appropriately marked as in violation of this section, to the person or organization making or transmitting the same. "(c) A person who requests or is under consideration for any such appointment, promotion, assignment, transfer, or designation is prohibited from requesting or soliciting any such recommendation or statement from any person or organization except a statement of the type referred to in subsection (e)(2) of this section. " (d) Each employment form of the Postal Service used in connection with any such appointment, promotion, assignment, transfer, or designation shall contain appropriate language in boldface type informing all persons concerned of the provisions of this section. During the time any such appointment, promotion, assignment, transfer, or designation is under consideration, appropriate notice of the provisions of this section printed in boldface type shall be posted in the post office concerned. "(e) The Postal Service or any authorized officer or employee of the Government of the United States may solicit, accept, and consider, and any other individual or organization may furnish or transmit to the Postal Service or such authorized officer or employee, any statement with respect to a person who requests or is under consideration for such appointment, promotion, assignment, transfer, or designation, if— "(1) the statement is furnished pursuant to a request or requirement of the Postal Service and consists solely of an evaluation of the work performance, ability, aptitude, and general qualifications of such person; "(2) the statement relates solely to the character and residence of such person; "(3) the statement is furnished pursuant to a request made by an authorized representative of the Government of the United States solely in order to determine whether such person meets the loyalty, suitability, and character requirements for employment with the Government of the United States; or "(4) the statement is furnished by a former employer of such person pursuant to a request of the Postal Service, and consists solely of an evaluation of the work performance, ability, aptitude, and general qualifications of such person during his employment with such former employer. "(f) The Postal Service shall take any action it determines necessary and proper, including but not limited to suspension, removal from office, or disqualification from the Postal Service, to enforce the provisions of this section. " (g) The provisions of this section shall not affect the right of an officer or employee of the Postal Service to petition Congress as authoHzed by section 7102 of title 5. "§ 1003. Employment policy "(^) Except as provided under chapters 2 and 12 of this title or other provision of law, the Postal Service shall classify and fix the compensation and benefits of all officers and employees in the Postal Service. I t shall be the policy of the Postal Service to maintain compensation and benefits for all officers and employees on a standard of comparability to the compensation and benefits paid for comparable levels of work in the private sector of the economy. No

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731

officer or employee shall be paid compensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5. ssltTseT' "(b) The Postal Service shall follow an employment policy designed, without compromising the policy of section 101(a) of this title, to extend opportunity to the disadvantaged and the handicapped. "§ 1004. Supervisory and other managerial organizations " (a) I t shall be the policy of the Postal Service to provide compensation, working conditions, and career opportunities that will assure the attraction and retention of qualified and capable supervisory and other managerial personnel; to provide adequate and reasonable differentials in rates of pay between employees in the clerk and carrier grades in the line work force and supervisory and other managerial personnel; to establish and maintain continuously a program for all such personnel that reflects the essential importance of a well-trained and well-motivated force to improve the effectiveness of postal operations; and to promote the leadership status of such personnel with respect to rank-and-file employees, recognizing that the role of such personnel in primary level management is particularly vital to the process of converting general postal policies into successful postal operations. "(b) The Postal Service shall provide a program for consultation with recognized organizations of supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter 12 of this title. Upon presentation of evidence satis- Post, p. 733. factory to the Postal Service that a supervisory organization represents a majority of supervisors, or that a managerial organization (other than an organization representing supervisors) represents a substantial percentage of managerial employees, such organization or organizations shall be entitled to participate directly in the planning and development of pay policies and schedules, fringe benefit programs, and other programs relating to supervisory and other managerial employees. "§ 1005. Applicability of laws relating to Federal employees " (a)(1) Except as otherwise provided in this subsection, the provisions of chapter 75 of title 5 shall apply to officers and employees s^us^c'ys^oi'' of the Postal Service except to the extent of any inconsistency with— " (A) the provisions of any collective-bargaining agreement negotiated on behalf of and applicable to them; or " (B) procedures established by the Postal Service and approved by the Civil Service Commission. "(2) The provisions of title 5 relating to a preference eligible (as that term is defined under section 2108(3) of such title) shall apply to gi^stat^^ige^"' fin applicant for appointment and any officer or employee of the Postal Service in the same manner and under the same conditions as if the applicant, officer, or employee were subject to the competitive service under such title. The provisions of this paragraph shall not be modified by any pros^ram developed under section 1004 of this title or any collective-bargaining agreement entered into under chapter 12 of this title, " (3) The provisions of this subsection shall not apply to those individuals appointed under sections 202, 204, and 1001 (c) of this title. "(b) Section 5941 of title 5 shall apply to the Postal Service. For «° ^'^'- ^i^purposes of such section, the pay of officers and employees of the Postal Service shall be considered to be fixed by statute, and the basic pay of an employee shall be the pay (but not any allowance or benefit) of that officer or employee established in accordance with the provisions of this title.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/790

 732 80 Stat. 532; 5 USC 8°io'i. 83*statr\'36l^' Post, p. 776. 5 USC 8301.

s^^usc^ssoi, 8701, 8901.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"(c) Officers and employees of the Postal Service shall be covered ^y suDchapteF I of chapter 81 of title 5, relating to compensation for work injuries. " (d) Officers and employees of the Postal Service (other than the Governors) shall be covered by chapter 83 of title 5 relating to civil service retirement. The Postal Service shall withhold from pay and shall pay into the Civil Service Retirement and Disability Fund the amounts specified in such chapter. The Postal Service, upon request of the Civil Service Commission, but not less frequently than annually, shall pay to the Civil Service Commission the costs reasonably related to the administration of Fund activities for officers and employees of the Postal Service. " (e) Sick and annual leave, and compensatory time of officers and employees of the Postal Service, whether accrued prior to or after commencement of operations of the Postal Service, shall be obligations of the Postal Service under the provisions of this chapter. "(f) Compensation, benefits, and other terms and conditions of employment in effect immediately prior to the effective date of this section, whether provided by statute or by rules and regulations of the former Post Office Department or the executive branch of the Government of the United States, shall continue to apply to officers and employees of the Postal Service, until changed by the Postal Service in accordance with this chapter and chapter 12 of this title. Subject to the provisions of this chapter and chapter 12 of this title, the provisions of subchapter I of chapter 85 and chapters 87 and 89 of ^[I\Q 5 shall apply to officers and employees of the Postal Service, unless varied, added to, or substituted for, under this subsection. No variation, addition, or substitution with respect to fringe benefits shall result in a program of fringe benefits which on the whole is less favorable to the officers and employees than fringe benefits in effect on the effective date of this section, and as to officers and employees for whom there is a collective-bargaining representative, no such variation, addition, or substitution shall be made except by agreement between the collective-bargaining representative and the Postal Service. "§ 1006. Right of transfer "Officers and employees in the postal career service of the Postal Service shall be eligible for promotion or transfer to any other position in the Postal Service or the executive branch of the Government of the United States for which they are qualified. The authority given by this section shall be used to provide a maximum degree of career promotion opportunities for officers and employees and to insure continued improvement of postal services. "§ 1007. Seniority for employees in rural service "Subject to agreements made under chapter 12 of this title, the seniority of an employee, of the Postal Service occupying a position whose regular duty involves the collection and delivery of mail on a rural route shall be preserved. Seniority for such employee shall commence on the first day of his service in such a position, or, in the event such an employee transfers to another such position, on the day he enters duty in the other position. Upon initial assignment, such an employee shall be assigned to the least desirable route and shall attain assignment to more desirable routes by seniority. Promotions and assignments for such an employee in such position shall be based on seniority and ability. If ability be sufficient, seniority shall govern. "§ 1008. Temporary employees or carriers " (a) A person temporarily employed to deliver mail is deemed an employee of the Postal Service and is subject to the provisions of

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Page:United States Statutes at Large Volume 84 Part 1.djvu/791

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PUBLIC LAW 91-375-AUG. 12, 1970

chapter 83 of title 18 to the same extent as other employees of the Postal Service. "(b) Any person, when engaged in carrying mail under contract with the Postal Service, or employed by the Postal Service, is deemed a carrier or person entrusted with the mail and having custody thereof, within the meaning of sections 1701, 1708, and 2114 of title 18. "§ 1009. Personnel not to receive fees "An officer or employee of the Postal Service may not receive any fee or perquisite from a patron of the Postal Service on account of the duties performed by virtue of his appointment, except as authorized by law. "§ 1010. Administration of oaths related to postal inspection matters "Officers and employees of the Postal Service performing duties related to the inspection of postal matters may administer oaths required or authorized by law or regulation with respect to any matter coming before them in the performance of their official duties. "§ 1011. Oath of office "Before entering upon their duties and before receiving any salary, all officers and employees of the Postal Service shall take and subscribe the following oath or affirmation: " 'I,, do solemnly sw^ear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.' A person authorized to administer oaths by the laws of the United States, including section 2903 of title 5, or of a State or territory, or an officer, civil or military, holding a commission under the United States, or any officer or employee of the Postal Service designated by the Board may administer and certify the oath or affirmation.

733 62 Stat. 776.

so ^tat. 411.

"Chapter 12.—EMPLOYEE-MANAGEMENT AGREEMENTS "Sec. "1201. "1202. "1203. "1204. "1205. "1206. "1207. "1208. "1209.

Definition. Bargaining units. Recognition of labor organizations. Elections. Deductions of dues. Collective-bargaining agreements. Labor disputes. Suits. Applicability of Federal labor laws.

"§1201. Definition "As used in this chapter, 'guards' means— "(1) maintenance guards who, on the effective date of this chapter, are in key position K P - 5 under the provisions of former section 3514 of title 39; and ^ 71!!°*;.^,^'• "(2) security guards, who may be employed in the Postal il Stat. 627. Service and whose primary duties shall include the exercise of authority to enforce rules to protect the safety of property, mail, or persons on the premises. "§1202. Bargaining units "The National Labor Relations Board shall decide in each case the unit appropriate for collective bargaining in the Postal Service. The

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PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

National Labor Relations Board shall not include in any bargaining unit— " (1) any management official or supervisor; "(2) any employee engaged in personnel work in other than a purely nonconfidential clerical capacity; "(3) both professional employees and employees who are not professional employees unless a majority of such professional employees vote for inclusion in such unit; or "(4) together with other employees, any individual employed as a security guard to enforce against employees and other persons, rules to protect property of the Postal Service or to protect the safety of property, mail, or persons on the premises of the Postal Service; but no labor organization shall be certified as the representative of employees in a bargaining unit of security guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards. "§ 1203. Recognition of labor organizations " (a) The Postal Service shall accord exclusive recognition to a labor organization when the organization has been selected by a majority of the employees in an appropriate unit as their representative. "(b) Agreements and supplements in effect on the date of enactment of this section covering employees in the former Post Office Department shall continue to be recognized by the Postal Service until altered or amended pursuant to law. "(c) When a petition has been filed, in accordance with such regulations as may be prescribed by the National Labor Relations Board— " (1) by an employee, a group of employees, or any labor organization acting in their behalf, alleging that (A) a substantial number of employees wish to be represented for collective bargaining by a labor organization and that the Postal Service declines to recognize such labor organization as the representative; or (B) the labor organization which has been certified or is being currently recognized by the Postal Service as the bargaining representative is no longer a representative; or "(2) by the Postal Service, alleging that one or more labor organizations has presented to it a claim to be recognized as the representative; the National Labor Relations Board shall investigate such petition and, if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. Such hearing may be conducted by an officer or employee of the National Labor Relations Board, who shall not make any recommendations with respect thereto. If the National Labor Relations Board finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. " (d) A petition filed under subsection (c)(1) of this section shall be accompanied by a statement signed hj at least 30 percent of the employees in the appropriate unit stating that they desire that an election be conducted for either of the purposes set forth in such subsection. "(e) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the National Labor Relations Board.

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18 the subjects of this kingdom, equally entitled with yourselves to all the natural rights of mankind and the peculiar privileges of Englishmen.... The Americans are the sons, not the bastards, of England.'

Imagine the effect of such a sentence at such a time, the atmosphere throughout the land so charged with electricity!

The principle that 'Taxation is no part of the governing or legislative power,' he argues at length and with lively vehemence, but the rebellion of the colonists which is in every one's mind has not yet come. He even sits down, as if weak and exhausted, without dealing with this crucial topic.

Then follows a considerable pause.

At length General Conway speaks on behalf of the Government, and then George Grenville in defence of his own offspring, the accursed Stamp Act. As he sits down, Mr. Pitt again rises, with several other members. There are loud shouts for 'Mr. Pitt, Mr. Pitt'. The Speaker calls to order, and after a time decides that Mr. Pitt may speak again.

Amid shouts of 'Go on, Go on', the incensed combatant proceeds to his final assault. And with what arms, with what artillery? We still seem to hear its thunder.

'Gentlemen, Sir'—so he begins—'have been charged with giving birth to sedition in America. Several have spoken their sentiments with freedom against this unhappy Act, and that freedom has become their crime. Sorry I am to hear the liberty of speech in this House imputed as a crime. But the imputation shall not discourage me. It is a liberty I mean to exercise. No gentleman ought to be afraid to exercise it. It is a liberty by which the gentleman who calumniated it

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Page:United States Statutes at Large Volume 84 Part 1.djvu/793

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" (a) All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or 'no union'. "(b) In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote, additional runoff elections shall be conducted until one of the choices has received a majority of the votes. "(c) No election shall be held in any bargaining unit within which, in the preceding 12-month period, a valid election has been held. "§ 1205. Deductions of dues " (a) When a labor organization holds exclusive recognition, or when an organization of personnel not subject to collective-bargaining agreements has consultation rights under section 1004 of this title, the Postal Service shall deduct the regular and periodic dues of the organization from the pay of all members of the organization in the unit of recognition if the Post Office Department or the Postal Service has received from each employee, on whose account such deductions are made, a written assignment which shall be irrevocable for a period of not more than one year. " (b) Any agreement in effect innnediately prior to the date of enactment of the Postal Eeorganization Act Ibetween the Post Office Department and any organization of postal employees which provides for deduction by the Department of the regular and periodic dues of the organization from the pay of its members, shall continue in full force and effect and the obligation for such deductions shall be assumed by the Postal Service. No such deduction shall be made from the pay of any employee except on his written assignment, which shall be irrevocable for a period of not more than one year. "§ 1206. Collective-bargaining agreements " (a) Collective-bargaining agreements between the Postal Service and bargaining representatives recognized under section 1203 of this title shall be effective for not less than 2 years. "(b) Collective-bargaining agreements between the Postal Service and bargaining representatives recognized under section 1203 may include any procedures for resolution by the parties of grievances and adverse actions arising under the agreement, including procedures culminating in binding third-party arbitration, or the parties may adopt any such procedures by mutual agreement in the event of a dispute. "(c) The Postal Service and bargaining representatives recognized under section 1203 may by mutual agreement adopt procedures for the resolution of disputes or impasses arising in the negotiation of a collective-bargaining agreement. " (a) If there is a collective-bargaining agreement in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration
 * § 1204. Elections
 * § 1207. Labor disputes

735

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Page:United States Statutes at Large Volume 84 Part 1.djvu/794

 736

Factfinding panel.

Arbitration board.

Full hearing opportunity.

Costs.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

date thereof, or not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days of such notice, if no agreement has been reaxjhed by that time. "(b) If the parties fail to reach agreement or to adopt a procedure providing for a binding resolution of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall direct the establishment of a factfinding panel consisting of 3 persons. For this purpose, he shall submit to the parties a list of not less than 15 names, from which list each party, within 10 days, shall select 1 person. The 2 so selected shall then choose from the list a third person who shall serve as chairman of the factfinding panel. If either of the parties fails to select a person or if the 2 members are unable to agree on the third person within 3 days, the selection shall be made by the Director. The factfinding panel shall issue after due investigation a report of its findings, with or without recommendations, to the parties no later than 45 days from the date the list of names is submitted. "(c)(1) If no agreement is reached within 80 days after the expiration or termination of the agreement or the date on which the agreement became subject to modification under subsection (a) of this section, or if the parties decide upon arbitration but do not a^ree upon the procedures therefor, an arbitration board shall be established consisting of 3 members, not members of the factfinding panel, 1 of whom shall be selected by the Postal Service, 1 by the bargaining representative of the employees, and the third by the 2 thus selected. If either of the parties fails to select a member, or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made by the Director. If the parties do not agree on the framing of the issues to be submitted, the factfinding panel shall frame the issues and submit them to the arbitration board. "(2) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment. "(3) Costs of the arbitration iboard and factfinding panel shall be shared equally by the Postal Service and the bargaining representative. " (d) In the case of a bargaining unit whose recognized collectivebargaining representative does not have an agreement with the Postal Service, if the parties fail to reach agreement within 90 days of the commencement of collective bargaining, a factfinding panel will be established in accordance with the terms of subsection (b) of this section, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days of the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of subsection (c) of this section. "§ 1208. Suits " (a) The courts of the United States shall have jurisdiction with respect to actions brought by the National Labor Relations Board

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PUBLIC LAW 91-375-AUG. 12. 1970

737

iiiider this ohaptei- to the same extent that they have jurisdiction with respect to actions under title 29. "(b) Suits for violation of contracts between the Postal Service and a labor organization representing Postal Service employees, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy. " (c) A labor organization and the Postal Service shall be bound by the authorized acts of their agents. Any labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of the United States. Any money judgment against a labor organization in a district court of the United States shall be enforcible only against the organization as an entity and against its assets, and shall not be enforcible against any individual member or hi? assets. " (d) For the purposes of actions and proceedings by or against labor organizations in the district courts of the United States, district courts shall be deemed to have jurisdiction of a labor organization (1) in the district in which such organization maintains its principal offices, or (2) in any district in which its duly authorized officers or agents are engaged in representing or acting for employee members. "(e) The service of summons, subpena, or other legal process of any court of the Ignited States upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. "§ 1209. Applicability of Federal labor laws " (a) Employee-management relations shall, to the extent not inconsistent with provisions of this title, be subject to the provisions of subchapter II of chapter 7 of title 29. "(b) The provisions of chapter 11 of title 29 shall be applicable to labor organizations that have or are seeking to attain recognition under section 1203 of this title, and to such organizations' officers, agents, shop stewards, other representatives, and members to the extent to which such provisions would be applicable if the Postal Service were an employer under section 402 of title 29. In addition to the authority conferred on him under section 438 of title 29, the Secretary of Labor shall have authority, by regulation issued with the written concurrence of the Postal Service, to prescribe simplified reports for any such labor organization. The Secretary of Labor may revoke such provision for simplified forms of any such labor organization if he determines, after such investigation as he deems proper and after due notice and opportunity for a hearing, that the purposes of this chapter and of chapter 11 of title 29 would be served thereby. "(c) Each employee of the Postal Service shall have the right, freely and without fear of penalty or reprisal, to form, join, and assist a labor organization or to refrain from any such activity, and each employee shall be protected in the exercise of this right. "PART III—MODERNIZATION A N D FISCAL ADMINISTRATION "CHAPTKR "20. FINANCE "22. CONVICT LABOR "24. APPROPRIATIONS AND ANNXTAI. REPORT "26. D E B T S AND COLLECTION

„

See. 2001 2201 2401 2601

^^ ^^^ ^^g^^contract violation.

^^^^^^ organi-

diction?'^""^"

9^ use ^^^' note.

em^ploJe^paX'i. pation.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/796

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PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"Chapter 20.—FINANCE "Sec.

"2001. Definitions. "2002. Capital of the Postal Service. "2003. The Postal Service Fund. "2004. Transitional appropriations. "2005. Obligations. "2006. Relationship between the Treasury and the Postal Service. "2007. Public debt character of the obligations of the Postal Service. "2008. Audit and expenditures. "2009. Annual budget. "2010. Restrictions on agreements.

traTferf^

s/stat^'i/^"'

"§2001. Definitions ''As used in this chapter— "(1) 'Fund' means the Postal Service Fund established by section 2008 of this chapter; and "' (2) 'obligations', when referring to debt instruments issued by the Postal Service, means notes, bonds, debentures, mortgages, and any other evidence of indebtedness. "§ 2002. Capital of the Postal Service " (a) The initial capital of the Postal Service shall consist of the equity, as reflected in the budget of the President, of the Government of the United States in the former Post Office Department. The value of assets and the amount of liabilities transferred to the Postal Service upon the commencement of operations of the Postal Service shall be determined by the Postal Service subject to the approval of the Comptroller General, in accordance with the following guidelines: "'(l) Assets shall be valued on the basis of original cost less depreciation, to the extent that such value can be determined. The value recorded on the former Post Office Department's books of account shall be prima facie evidence of asset value. " (2) All liabilities attributable to operations of the former Post Office Department shall remain liabilities of the Government of the United States, except that upon commencement of operations of the Postal Service, the unexpended balances of appropriations made to, held or used by, or available to the former Post Office Department and all liabilities chargeable thereto shall become assets and liabilities, respectively, of the Postal Service. ''(b) The capital of the Postal Service at any time shall consist of its assets, including the balance in the Fund, less its liabilities. "(c) The Postal Service, and the Administrator of General Services where properties under the jurisdiction of the Administrator are involved, with the approval of the Director of the Office of Management and Budget, shall determine which Federal properties shall be transferred to the Postal Service and which shall remain under the jurisdiction of any other department, agency, or establishment of the Government of the United States upon the commencement of operations of the Postal Service. The transfer shall be accomplished at the time of or as near as possible to the commencement of operations of the Postal Service and the valuation of the assets and capital of the Postal Service shall be adjusted accordingly. The following properties shall be included in the transfer: " (1) the mail equipment shops located in Washington, D i ^ r i c t of Columbia; "(2) all machinery, equipment, and appurtenances of the former Post Office Department; "(3) all real property whose ownership was acquired by the Postmaster General under former section 2103 of this title, as in effect immediately prior to the effective date of this section, or which immediately prior to such effective date, is vmder the

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Page:United States Statutes at Large Volume 84 Part 1.djvu/797

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

administration of the former Post Office Department for the purpose of constructing a postal building from funds appropriated or transferred to the former Post Office Department, together with all funds appropriated or allocated therefor; "(4) all real property 55 percent or more of which is occupied by or under control of the former Post Office Department immediately prior to the effective date of this section; " (5) all contracts, records, and documents relating to the operation of the departmental service and the postal field service of the former Post Office Department; and "(6) all other property and assets of the former Post Office Department. " (d) After the commencement of operations of the Postal Service, the President is authorized to transfer to the Postal Service, and the Postal Service is authorized to transfer to other departments, agencies, or independent establishments of the Government of the United States, with or without reimbursement, any property of that department, agency, or independent establishment and the Postal Service, respectively, when the public interest would be served by such transfer. "§ 2003. The Postal Service Fund " (a) There is established in the Treasury of the United States a revolving fund to be called the Postal Service F u n d which shall be available to the Postal Service without fiscal-year limitation to carry out the purposes, functions, and powers authorized by this title. " (b) There shall be deposited in the Fund, subject to withdrawal by check by the Postal Service— " (1) revenues from postal and nonpostal services rendered by the Postal Service; "(2) amounts received from obligations issued by the Postal Service; "(3) amounts ajjpropriated for the use of the Postal Service; " (4) interest which may be earned on investments of the F u n d; "(5) any other receipts of the Postal Service; and "(6) the balance in the Post Office Department Fund established under former section 2202 of title 39 as of the commencement of operations of the Postal Service. "(c) If the Postal Service determines that the moneys of the Fund are in excess of current needs, it may request the investment of such amounts as it deems advisable by the Secretary of the Treasury in obligations of, or obligations guaranteed by, the Government of the United States, and, with the approval of the Secretary, in such other obligations or securities as it deems appropriate. " (d) With the approval of the Secretary of the Treasury, the Postal Service may deposit moneys of the Fund in any Federal Eeserve bank, any depository for public funds, or in such other places and in such manner as the Postal Service and the Secretary may mutually agree. "(e) The Fund shall be available for the payment of all expenses incurred by the Postal Service in carrying out its functions under this title and, subject to the provisions of section 3604 of this title, all of the expenses of the Postal Rate Commission. Neither the Fund nor any of the funds credited to it shall be subject to apportionment under the provisions of section 665 of title 31. ''§2004. Transitional appropriations "Such sums as are necessary to insure a sound financial transition for the Postal Service and a rate policy consistent with chapter 36 of this title are hereby authorized to be appropriated to the F u n d without regard to fiscal-year limitation.

739

7* ^*^*' 594.. " Excess funds, investment.

^°^ P- ^^

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Page:United States Statutes at Large Volume 84 Part 1.djvu/798

 740

Issuance, forms, etc.

Negotiability, etc.

Tax exemption, exception.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

" (a) The Postal Service is authorized to borrow money and to issue and sell such obligations as it determines necessary to carry out the purposes of this title. The aggregate amount of any such obligations outstanding at any one time shall not exceed $10,000,000,000. i n any one fiscal year the net increase in the amount of obligations outstanding issued for the purpose of capital improvements shall not exceed $1,500,000,000, and the net increase in the amount of obligations outstanding issued for the purpose of defraying operating expenses of the Postal Service shall not exceed $500,000,000. " (b) The Postal Service may pledge the assets of the Postal Service and pledge and use its revenues and receipts for the payment of the principal of or interest on such obligations, for the purchase or redemption thereof, and for other purposes incidental thereto, including creation of reserve, sinking, and other funds which may be similarly pledged and used, to such extent and in such manner as it deems necessary or desirable. The Postal Service is authorized to enter into binding covenants with the holders of such obligations, and with the trustee, if any, under any agreement entered into m connection with the issuance thereof with respect to the establishment of reserve, sinking, and other funds, application and use of revenues and receipts of the Postal Service, stipulations concerning the subsequent issuance of obligations or the execution of leases or lease purchases relating to properties of the Postal Service and such ether matters as the Postal Service deems necessary or desirable to enhance the marketability of such obligations. "(c) Oblig.itions issued by the Postal Service under this section— " (1) shall be in such forms and denominations; " (2) shall be sold at such times and in such amounts; " (3) shall mature at such time or times; " (4) shall be sold at such prices; " (5) shall bear such rates of interest; "(6) may be redeemable before maturity in such manner, at such times, and at such redemption premiums; "(7) may be entitled to such relative priorities of claim on the assets of the Postal Service with respect to principal and interest payments; and " (8) shall be subject to such other terms and conditions; as the Postal Service determines. " (d) Obligations issued by the Postal Service under this section shall— "(1) be negotiable or nonnegotiable and bearer or registered instruments, as specified therein and in any indenture or covenant relating thereto; "(2) contain a recital that they are issued under this section, and such recital shall be conclusive evidence of the regularity of the issuance and sale of such obligations and of their validity; "(3) be lawful investments and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of the Government of the United States, and the Secretary of the Treasury or any other officer or agency having authority over or control of any such fiduciary, trust, or public funds, may at any time sell any of the obligations of the Postal Service acquired under this section; ''(4) be exempt both as to principal and interest from all taxation now or hereafter imposed by any State or local taxing authority except estate, inheritance, and gift taxes; and
 * §2005. Obligations

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PUBLIC LAW 91-375-AUG. 12, 1970

741

"(5) not be obligations of, nor shall payment of the principal thereof or interest thereon be guaranteed by, the Government of the United States, except as provided in section 2006(c) of this title. "§ 2006. Relationship between the Treasury and the Postal Service "(a) At least 15 days before selling any issue of obligations under section 2005 of this title, the Postal Service shall advise the Secretary of the Treasury of the amount, proposed date of sale, maturities, terms and conditions, and expected maximum rates of interest of the proix)sed issue in appropriate detail and shall consult with him or his designee thereon. The Secretary may elect to purchase such obligations under such terms, including rates of interest, as he and the Postal Service may agree, but at a rate of yield no less than the prevailing yield on outstanding marketable Treasury securities of comparable maturity, as determined by the Secretary. If the Secretary does not purchase such obligations, the Postal Service may proceed to issue and sell them to a party or parties other than the Secretary upon notice to the Secretary and upon consultation as to the date of issuance, maximum rates of interest, and other terms and conditions. "(b) Subject to the conditions of subsection (a) of this section, the Postal Service may require the Secretary of the Treasury to purchase obligations of the Postal Service in such amounts as will not cause the holding by the Secretary of the Treasury resulting from such required l)urchases to exceed $2,000,000,000 at any one time. This subsection shall not be construed as limiting the authority of the Secretary to purchase obligations of the Postal Service in excess of such amount. "(c) Notwithstanding section 2005(d)(5) of this title, obligations ^j^P°g"^\^J^se^^^^^^^ issued by the Postal Service shall be obligations of the Government of Government'gu'arthe United States, and payment of principal and interest thereon shall ^"'ybe fully guaranteed by the Government of the United States, such guaranty being expressed on the face thereof, if and to the extent that— "(1) the Postal Service requests the Secretary of the Treasury to pledge the full faith and credit of the Government of the United States for the payment of principal and interest thereon; and "(2) the Secretary, in his discretion, determines that it would be in the public interest to do so. "§2007. Public debt character of the obligations of the Postal Service ^ "For the purpose of any purchase of the obligations of the Postal Service, the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force, and 1° J*sc 7?4' the purposes for which securities may be issued under the Second Liberty Bond Act, as now or hereafter in force, are extended to include any purchases of the obligations of the Postal Service under this chapter. The Secretary of the Treasury may, at any time, sell any of the obligations of the Postal Service acquired by him under this chapter. All redemptions, purchases, and sales by the Secretary of the obligations of the Postal Service shall be treated as public debt transactions of the United States. "§ 2008. Audit and expenditures "(a) The accounts and operations of the Postal Service shall be audited by the Comptroller General and reports thereon made to the Reports to Congress to the extent and at such times as he may determine. ongress.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/800

 742

Ante, p. 733.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"(b) The Postal Service shall maintain an adequate internal audit of the financial transactions of the Postal Service. " (c) Subject only to the provisions of this chapter, the Postal Service is authorized to make such expenditures and to enter into such contracts, agreements, and arrangements, upon such terms and conditions and in such manner as it deems necessary, including the final settlement of all claims and litigation by or against the Postal Service. " (d) Nothing in this section shall be construed as denying to the Postal Service the power to obtain audits of the accounts of the Postal Service and reports concerning its financial condition and operations by certified public accounting firms. Such audits and reports shall be in addition to those required by this section. "(e) A t least once each year beginning with the fiscal year commencing after June 30, 1971, the Postal Service shall obtain a certification from an independent, certified public accounting firm of the accuracy of any financial statements of the Postal Service used in determining and establ ishing postal rates. "§ 2009. Annual budget "The Postal Service shall cause to be prepared annually a budget program which shall be submitted to the Office of Management and Budget, under such rules and regulations as the President may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget program shall be prepared and presented. The budget program shall be a business-type budget, or plan of operations, with due allowance given to the need for flexibility, including provision for emergencies and contingencies, in order that the Postal Service may properly carry out its activities as authorized by law. The budget program shall contain estimates of the financial condition and operations of the Postal Service for the current and ensuing fiscal years and the actual condition and results of operation for the last completed fiscal year. Such budget program shall include a statement of financial condition, a statement of income and expense, an analysis of surplus or deficit, a statement of sources and application of funds, and such other supplementary statements and information as are necessary or desirable to make known the financial condition and operations of the Postal Service. Such statements shall include estimates of operations by major types of activities, together with estimates of administrative expenses and estimates of borrowings. "§ 2010. Restrictions on agreements "The Postal Service shall promote modern and efficient operations and should refrain from expending any funds, engaging in any practice, or entering into any agreement or contract, other than an agreeineut Or contract under chapter 12 of this title, which restricts the use of new equipment or devices which may reduce the cost or improve the quality of postal services, except w-here such restriction is necessary to insure safe and healthful employment conditions. "Chapter 22.—CONVICT LABOR "See. "2201. No postal equipment or supplies manufactured by convict labor.

18 USC 41^21.

"§ 2201. No postal equipment or supplies manufactured by convict labor "Except as provided in chapter 307 of title 18, the Postal Service may not make a contract for the purchase of equipment or supplies to be manufactured by convict labor.

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STAT.]

PUBLIC LAW 91-375-AUG. 12, 1970

743

"Chapter 24.—APPROPRIATIONS A N D A N N U A L REPORT "Sec. "2401. Appropriations. '•2402. Annual report.

"§2401. Appropriations " (a) There are appropriated to the Postal Service nil revenues received by the Postal Service. "(b)(1) As reimbursement to the Postal Service for public service costs incurred by it in providing a maximum degree of effective and regular postal service nationwide, in communities where post offices may not be deemed self-sustaining, as elsewhere, there are authorized to be appropriated to the Postal Service the following amounts: " (A) for each of the fiscal years 1972 through 1979, an amount equal to 10 percent of the sum appropriated to the former Post Office Department by Act of Congress for its use in fiscal year 1971; " (B) for fiscal year 1980, an amount equal to 9 percent of such sum for fiscal year 1971; " (C) for fiscal year 1981, an amount equal to 8 percent of such sum for fiscal year 1971; " (D) for fiscal year 1982, an amount equal to 7 percent of such sum for fiscal year 1971; " (E) for fiscal year 1983, an amount equal to 6 percent of such sum for fiscal year 1971; " (F) for fiscal year 1984, an amount equal to 5 percent of such sum for fiscal year 1971; and " (G) except as provided in paragraph (2) of this subsection, for each fiscal year thereafter an amount equal to 5 percent of such sum for fiscal year 1971. "(2) After fiscal year 1984, the Postal Service may reduce the percentage figure in paragraph (1)(G) of this subsection, including a reduction to 0, if the Postal Service finds that the amounts deteiTnined under such paragraph are no longer required to operate the Postal Service in accordance with the policies of this title. "(3) The Postal Service, in requesting amounts to be appropriated under this subsection, shall present to the appropriate commi'tees of the Congress a comprehensive statement of its compliance with the pubAnte, p. 719. lic service cost policy established under section 101(b) of this title. "(c) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the difference between the revenues the Postal Service would have rePost, pp. 755ceived if sections 3217, 3403-3405, and 3626 of this title and the Fed- 762. eral Voting Assistance Act of 1955 had not been enacted and the 69 Stat. 584; estimated revenues to be received on mail carried under such sections 82 Stat. 181. 50 USC 1451. and Act. "§ 2402. Annual report "The Postmaster General shall render an annual report to the Board Report, transconcerning the operations of the Postal Service under this title. Upon mittal to Presiapproval thereof, or after making such changes as it considers appro- dent and Conpriate, the Board shall transmit such report to the President and the ^'^^^^ Conarress. "Chapter 26.—DEBTS A N D COLLECTION "Sec. "2t)01. •'2602. "2603. "2604. "260.5.

Collection and adjustment of debts. Transportation of international mail by air carriers of the United States. Settlement of claims for damages caused by the Postal Service. Delivery of stolen money to owner. Suits to recover wrongful or fraudulent payments.

47-348 O - 72 - 51 (Pt. 1)

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text: Folk-Lore/Volume 15/Arthur and Gorlagon

title: Folk-Lore/Volume 15/Arthur and Gorlagon


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Page:United States Statutes at Large Volume 84 Part 1.djvu/802

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'

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

"§2601. Collection and adjustment of debts " (a) The Postal S e r v i c ^ " (1) shall collect debts due the Postal Service; "(2) shall collect and remit fines, penalties, and forfeitures arising out of matters affecting the Postal Service; " (3) may adjust, pay, or credit the account of a postmaster or of an enlisted person of an Armed Force performing postal duties, for any loss of Postal Service funds, papers, postage, or other stamped stock or accountable paper; and "(4) may prescribe penalties for failure to render accounts. The Postal Service may refer ^my matter, which is uncollectable through administrative action, to the General Accounting Office for collection. This subsection does not affect the authority of the Attorney General in cases in which judicial proceedings are instituted. " (b) In all cases of disability or alleged liability for any sum of money by way of damages or otherwise, under any provision of law in relation to the officers, employees, operations, or business of the Postal Service, the Postal Service shall determine whether the interests of the Postal Service probably require the exercise of its powers over the same. Upon the determination, the Postal Service on such terms as it deems just and expedient, may— " (1) remove the disability; or "'(2) compromise, release, or discharge the claim for such sum of money and damages, "§ 2602. Transportation of international mail by air carriers of the United States " (a) The Postal Service may offset against any balances due another country resulting from the transaction of international money order business, or otherwise, amounts due from that country to the United States, or to the United States for the account of air carriers of the United States transporting mail of that country, when— "(1) the Postal Service puts into effect rates of compensation to be charged another country for transportation; and "(2) the United States is required to collect from another country the amounts owed for transportation for the account of the air carriers. "(b) When the Postal Service has proceeded under authority of subsection (a) of this section, it shall— "(1) give appropriate credit to the country involved; " (2) pay to the air carrier the portion of the amount so credited which is owed to the air carrier for its services in transporting the mail of the other country; and "(8) deposit in the Postal Service Fund that portion of the amount so credited which is due the United States on its own account. " (c) The Postal Service, may advance to an air carrier, out of funds available for payment of balances due other countries, the amounts determined by the Postal Service to be due from another country to an air carrier for the transportation of its mails when— "(1) collections are to be made by the Ignited States for the account of air carriers; and "(2) the Postal Service determines that the balance of funds available is such that the advances may be made therefrom. Collection from another country of the amount so advanced shall be made by offset, or otherwise, and the appropriation from which the advance is made shall be reimbursed by the collections made by the United States.

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PUBLIC LAW 91-375-AUG. 12, 1970

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" (d) If the United States is unable to collect from the debtor country an amount paid or advanced to an air carrier within 12 months after payment or advance has been made, the United States may deduct the uncollected amount from any sums owed by it to the air carrier. "(e) The Postal Service shall adopt such accounting procedures as may be necessary to conform to and carry out the purposes of this section. "§ 2603. Settlement of claims for damages caused by the Postal Service "When the Postal Service finds a claim for damage to persons or property resulting from the operation of the Postal Service to be a proper charge against the United States, and it is not cognizable under section 2672 of title 28, it may adjust and settle the claim. so^statr^aoe!^'' "§ 2604. Delivery of stolen money to owner "When the Postal Service is satisfied that money or property in the possession of the Postal Service represents money or property stolen from the mails, or the proceeds thereof, it may deliver it to the person it finds to be the rightful owner. "§ 2605. Suits to recover wrongful or fraudulent payments "The Postal Service shall request the Attorney General to bring a suit to lecover with interest any payment made from moneys of, or credit granted by, the Postal Service as a result of— "(1) mistake; "(2) fraudulent representations; "(8) collusion;or " (4) misconduct of an officer or employee of the Postal Service. "PART IV—MAIL MATTER "CHAPTEE

'"30. "32. "34. "36.

Sec.

NONMAILABLE MATTEK P E N A L T Y AND F B A N K E D M A I L ARMED FORCES AND F R E E POSTAGE POSTAL R A T E S, CLASSES, AND SERVICES

3001 3201 3401 3601

"Sec.
 * Chapter 30.—NONMAILABLE MATTER

"3001. Nonmailable matter. "3002. Nonmailable motor vehicle m a s t e r keys. "3003. Mail bearing a fictitious n a m e or address. "3004. Delivery of mail to persons not residents of the place of address. "3005. False representations; lotteries. "3006. Unlawful m a t t e r. "3007. Detention of mail for temporary periods. "3008. Prohibition of pandering advertisements. "3009. Mailing of unordered merchandise. "3010. Mailing of sexually oriented advertisements. "3011. Judicial enforcement.

"§300L Nonmailable matter " (a) Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 146^^, 1714. 1715, 1716, 1717 or 1718 of title 18 is nonmailable. 62 Stat. 762" (b) Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct. "(c)(1) Matter which— " (A) exceeds the size and weight limits prescribed for the particular class of mail; or

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Page:United States Statutes at Large Volume 84 Part 1.djvu/804

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62 Stat. 768, 776.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

•'(B) is of a character perishable within the period required for transportation and delivery; is nonmailahle. "(2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. " (d) Matter otherwise legally acceptable in the mails which— " (1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but "(2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe— " (A) the following notice: 'This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer.'; or " (B) in lieu thereof, a notice to the same effect in words which the Postal Service may prescribe. "(e) Except as otherwise provided by law, proceedings concerning the mailability of matter under this chapter and chapters 71 and 88 ^f fjtle 18 shall be conducted in accordance with chapters 5 and 7 of .,

„

A

18 USC 1461, title 0. 80 Stat. 380, "§ 3002. Nonmailable motor vehicle master keys ^^5^ use^500 m ' "(^) Except as provided in subsection (b) of this section, any motor vehicle master key, any pattern, impression, or mold from which a motor vehicle master key may be made, or any advertisement for the sale of any such key, pattern, impression, or mold, is nonmailable matter and shall not be carried or delivered by mail. "(b) The Postal Service is authorized to make such exemptions from the provisions of subsection (a) of this section as it deems necessary. mal'tl°r ke^'^'^* "^^) ^^® purposes of this section, 'motor vehicle master key' ^^' means any key (other than the key furnished by the manufacturer w'ith the motor vehicle, or the key furnished with a replacement lock, or any exact duplicate of such keys) designed to operate 2 or more motor vehicle ignition, door, or trunk locks of different combinations. ^'§ 3003. Mail bearing a fictitious name or address " (a) Upon evidence satisfactory to the Postal Service that any person is using a fictitious, false, or assumed name, title, or address m conducting, promoting, or carrying on or assisting therein, by means of the postal services of the United States, an activity in violation of 62 Stat. 762. sectious 1302, 1341, and 1342 of title 18, it may— " (1) withhold mail so addressed from delivery; and "(2) require the party claiming the mail to furnish proof to it of the claimant's identity and right to receive the mail. " (b) The Postal Service may issue an order directing that mail, covered by subsection (a) of this section, be forwarded to a dead letter office as fictitious matter, or be returned to the sender when— "(1) the party claiming the mail fails to furnish proof of his identity and right to receive the mail; or "(2) the Postal Service determines that the mail is addressed to a fictitious, false, or assumed name, title, or address.

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Page:Lord Chatham as an Orator.djvu/24

Rh might have profited. He ought to have profited. He ought to have desisted from his project.

'The gentleman tells us America is obstinate; America is almost in open rebellion.

'I rejoice that America has resisted. Three millions of people so dead to all the feelings of liberty as voluntarily to let themselves be made slaves, would have been fit instruments to make slaves of all the rest.'

'I rejoice that America has resisted.' What a lightning-flash is there! The Great Commoner, five years ago almost the arbiter of Europe, now an ally of the American rebels, just as reports of their insulting outrages are exasperating and hardening most English hearts! I know of no sentence by any English speaker more exactly like Chatham, more unlike nearly all others.

One more topic in this historic speech—the comparative strength of the combatants; on the one side the great Mother Country that under Pitt's inspiration, between 1758 and 1761, had performed such wonders in every part of the world; and on the other side three millions of irritated colonists, without generals, without artillery, without fleets. What has the conqueror of Quebec to say to this contrast? He is now nearing his goal.

'A great deal has been said without doors of the power, of the strength, of America. It is a topic that ought to be cautiously meddled with.

'In a good cause, on a sound bottom, the force of this country can crush America to atoms. I know the valour of your troops. I know the skill of your officers.

'There is not a company of foot that has served in America out of which you may not pick a man of

title: Page:Lord Chatham as an Orator.djvu/24


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PUBLIC LAW 91-375-AUG. 12, 1970

747

"§ 3004. Delivery of mail to persons not residents of the place of address "Wlienever the Postal Service determines that letters or parcels sent in the mail are addressed to places not the residence or regular business address of the person for whom they are intended, to enable the person to escape identification, the Postal Service may deliver the mail only upon identification of the person so addressed. "§ 3005. False representations; lotteries " (a) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postal Service may issue an order which— "(1) directs the postmaster of the ix)st office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representati^-e, is first notified and given reasonable opportunity to be present at the receivingpost office to survey the mail before the postmaster returns the mail to the sender; and "(2) forbids the payment by a j^ostmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note. " (b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postal Service may ascertain the existence of the agency in any other legal way satisfactory to it, "(c) As used in this section and section 3006 of this title, the term. "Representa'representative' includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind. «§ 3006. Unlawful matter "Upon evidence satisfactory to the Postal Service that a person is obtaining or attempting to obtain remittances of money or ijroperty of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing or is depositing or causing to be deposited in the United States mail information as to where, how, or from whom such a thing may be obtained, the Postal Service may— "(1) direct any postmastei- at an office at which mail arrives, addressed to such a person or to his represejitative, to return the mail to the sender marked 'ITnlawfuF; and "(2) forbid the payment by a postmastei- to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitter of the sum named in the money order. " (a) I n preparation for or during the pendency of proceedings under sections 3005 and 3006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postal Service and upon a showing of probable cause to believe either section is being violated, enter a temporary restraining order and preliminary injunction pursuant to
 * § 3007. Detention of mail for temporary periods

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Page:United States Statutes at Large Volume 84 Part 1.djvu/806

 748 28 USC app.

Refraining order to c e a s e mailing.

Complaint notice.

Court order.

Penalty,

Minor children.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

rule 65 of the Federal Rules of Civil Procedure directing the detention of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings. "(b) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers. "§ 3008. Prohibition of pandering advertisements " (a) Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative shall be subject to an order of the Postal Service to refrain from further mailings of such materials to designated addresses thereof. "(b) Upon receipt of notice from an addressee that he has received such mail matter, determined by the addressee in his sole decretion to be of the character described m subsection (a) of this section, the Postal Service shall issue an order, if requested by the addressee, to the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees. "(c) The order of the Postal Service shall expressly prohibit the sender and his agents or assigns from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and hin agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the designated addressees. " (d) Whenever the Postal Service believes that the sender or anyone actino- on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service, after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, it is authorized to request the Attorney General to make application^ and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice. "(e) Any district court of the United States within the jurisdiction of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof. " (f) Receipt of mail matter 30 days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date. "(g) TTnon request of any addressee, the order of the Postal Service shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/807

 84 STAT.]

749

PUBLIC LAW 91-375-AUG. 12, 1970

" (h) The provisions of subchapter II of chapter 5, relating to administrative procedure, and chapter 7, rehiting to judicial review, of title 5, shall not apply to any provisions of this section. " (i) For purposes of this section— "(1) mail matter, directed to a specific address covered in the order of the Postal Service, without designation of a specific addressee thereon, shall be considered as addressed to the person named in the Postal Service's order; and " (2) the term 'children' includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relationship. "§ 3009. Mailing of unordered merchandise " (a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of commun'cations prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15. " (b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit w ithout any obligation whatvsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any bligation whatsoever to the sender. "(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications. " (d) For the purposes of this section, 'unordered merchandise' means merchandise mailed without the prior expressed request or consent of the recipient. "§ 3010. Mailing of sexually oriented advertisements " (a) Any person who mails or causes to be mailed any sexually oriented advertisement shall place on the envelope or cover thereof his name and address as the sender thereof and such mark or notice as the Postal Service may prescribe. "(b) Any person, on his own behalf or on the behalf of any of his children who has not attained the age of 19 years and who resides with him or is under his care, custody, or supervision, may file with the Postal Service a statement, in such form and manner as the Postal Service may prescribe, that he desires to receive no sexually oriented advertisements through the mails. The Postal Service shall maintain and keep current, insofar as practicable, a list of the names and addresses of such persons and shall make the list (including portions thereof or changes therein) available to any person, upon such reasonable terms and conditions as it may prescribe, including the payment of such service charge as it determines to be necessary to defray the cost of compiling and maintaining the list and making it available as provided in this sentence. No person shall mail or cause to be mailed any sexually oriented advertisement to any individual whose name and address has been on the list for more than 30 days. " (c) No person shall sell, lease, lend, exchange, or license the use of, or, except for the purpose expressly authorized by this section, use

80 Stat. 381, 392. 5 USC 551, 7 0 1.

'Children.

Unfair trade practice.

66 Stat. 632. Recipient, relief from any obligation.

B i l l s or dunning communicat i o n s, prohibition.

"Unordered merchandise."

Identity of sender.

Minor children.

L i s t, maintenance.

List, sale, prohibition.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/808

 750

"Sexually oriented advertisement."

Court order.

Agent or representative.

Temporary r e straining order.

PUBLIC LAW 91-375-AUG. 12, 1970

[84 STAT.

any mailing list compiled in whole or in part from the list maintained by the Postal Service pursuant to this section. " (d) 'Sexually oriented advertisement' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole of a single catalog, book, periodical, or other work the remainder of which is not primarily devoted to sexual matters. "§ 3011. Judicial enforcement ''(a) Whenever the Postal Service believes that any person is mailing or causing to be mailed any sexually oriented advertisement in violation of section 8010 of this title, it may request the Attorney General to commence a civil action against such person in a district court of the United States. Upon a finding by the court of a violation of that section, the court may issue an order including one or more of the following provisions as the court deems just under the circumstances: "'(l) a direction to the defendant to refrain from mailing any sexually oriented advertisement to a specific addressee, to any group of addressees, or to all persons; "(2) a direction to any postmaster to whom sexually oriented advertisements originating with such defendant are tendered for ti-ansmission through the mails to refuse to accept such advertisements for mailing; or "(3) a direction to any postmaster at the office at which registered or certified letters or other letters or mail arrive, addressed to the defendant or his representative, to return the registered or certified letters or other letters or mail to the sender appropriately marked as being in response to mail in violation of section 8010 of this title, after the defendant, or his representative, has been notified and given reasonable opportunity to examine such letters or mail and to obtain delivery of mail which is clearly not connected with activity alleged to be in violation of section 8010 of this title. " (b) The statement that remittances may be made to a person named in a sexually oriented advertisement is prima facie evidence that such named person is the principal, agent, or- representative of the mailer for the receipt of remittances on his behalf. The court is not precluded from ascertaining the existence of the agency on the basis of any other evidence. "(c) In preparation for, or during the pendency of, a civil action under subsection (a) of this section, a district court of the United States, upon application therefor by the Attorney General and upon a showing of probable cause to believe the statute is being violated, may enter a temporary restraining order or preliminary injunction containing such ter-ms as the court deems just, including, but not limited to, provisions enjoining the defendant from mailing any sexually oriented advertisement to any person or class of persons, directing any postmaster to refuse to accept such defendant's sexually oriented advertisements for mailing, and directing the detention of the defendant's incoming mail by any postmaster pending the conclusion of the judicial proceedings. Any action taken by a court under this subsection does not affect or determine any fact at issue in any other proceeding under this section.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/809

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

" (d) A civil action under this section may be brought in the judicial district in which the defendant resides, or has his principal place of business, or in any judicial district in which any sexually oriented advertisement mailed m violation of section 3010 has been delivered by mail according to the direction thereon. "(e) Nothing m this section or in section 3010 shall be construed as amending, preempting, limiting, modifying, or otherwise in any way affecting section 1461 or 1463 of title 18 or section 3006, 3007, or 3008 of this title.

751

62 Stat. yes.

"Chapter 32.—PENALTY A N D FRANKED MAIL "Sec. "3201. "3202. "3203. "3204. "3205. "3206. "3207. "3208. "3209. "3210. "3211. "3212. "3213. "3214. "3215. "3216. "3217.

Definitions. Penalty mail. Endorsements on penalty covers. Restrictions on use of penalty mail. Accounting for penalty covers. Reimbursement for penalty mail service. Limit of weight of penalty mail; postage on overweight matter. Shipment by most economical means. Executive departments to supply information. Official correspondence of Vice President and Members of Congress. Public documents. Congressional Record under frank of Members of Congress. Seeds and reports from Department of Agriculture. Mailing privilege of former Presidents. Lending or permitting use of frank unlawful. Reimbursement for franked mailings. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain. "3218. Franked mail for surviving spouses of Members of Congress.

"§320L Definitions "As used in this chapter— " (1) 'penalty mail' means official mail, other than franked mail, which is authorized by law to be transmitted in the mail without prepayment of postage; " (2) 'penalty cover' means envelopes, wrappers, labels, or cards used to transmit penalty mail; "(3) 'frank' means the autographic or facsimile signature of persons authorized by sections 3210-3216 and 3218 of this title to transmit matter through the mail without prepayment of postage or other indicia contemplated by sections 733 and 907 of title 44;

82 Stat. 1253,

" (4) 'franked mail' means mail which is transmitted in the mail ^^^^" under a frank; and "(5) 'Members of Congress' includes Senators, Representatives, Delegates, and Resident Commissioners. «§3202. Penalty mail " (a) Subject to the limitations imposed by sections 3204 and 3207 of this title, there may be transmitted as penalty mail— " (1) official mail of— " (A) officers of the Government of the United States other than Members of Congress; " (B) the Smithsonian Institution; " (C) the P a n American Union; " (D) the P a n American Sanitary Bureau; " (E) the United States Employment Service and the system of employment offices operated by it in conformity with the provisions of sections 49-49c, 49d, 49e-49k of title 29, ^s Stat. l u; and all State employment systems which receive funds appro- ^^ ^*^*' ^^^' priated under authority of those sections; and

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Page:United States Statutes at Large Volume 84 Part 1.djvu/810

 752

PUBLIC LAW 91-375-AUG. 12, 1970

76%tlT74T

6 8 Stat. 1015.

13 USC

41 e(

seq.

26 Stat. 418;

69 Stat. 673. 6 1 Stat. 657.

[84 STAT.

" (F) any college officer or other person connected with the extension department of the college as the Secretary of Agriculture may designate to the Postal Service to the extent that the official mail consists of correspondence, bulletins, and reports for the furtherance of the purpose of sections 341-343 and 344^348 of title 7; "(2) mail relating to naturalization to be sent to the Immigration and Naturalization Service by clerks of courts addressed to the Department of Justice or the Immigration and Naturalization Service, or any official thereof; "(3) mail relating to a collection of statistics, survey, or census authorized by title 13 and addressed to the Department of Commerce or a bureau or agency thereof; "(4) mail of State agriculture experiment stations pursuant to sections 325 and 361 f of title 7; and "(5) articles for copyright deposited with postmasters and addressed to the Register of Copyrights pursuant to section 15 of title 17. " (b) A department or officer authorized to use penalty covers may enclose them with return address to any person from or through w'hom official information is desired. The penalty cover may be used only to transmit the official information and endorsements relating thereto. "(c) This section does not apply to officers who receive a fixed allowance as compensation for their services including expenses of postage. "§3203. Endorsements on penalty covers " (a) Except as otherwise provided in this section, penalty covers shall bear, over the words 'Official Business' an endorsement showing the name of the department, bureau, or office from which, or officer from whom, it is transmitted. The penalty for the unlawful use of all penalty covers shall be printed thereon. "(b) The Postal Service shall prescribe the endorsement to be placed on covers mailed under clauses (1)(E), (2), and (3) of section 3202(a) of this title. "§ 3204. Restrictions on use of penalty mail " (a) Except as otherwise provided in this section, an officer, executive department, or independent establishment of the Government of the United States may not mail, as penalty mail, any article or document unless— "(1) a request therefor has been previously received by the department or establishment; or " (2) its mailings is required by law. " (b) Subsection (a) of this section does not prohibit the mailing, as penalty mail, by an officer, executive department, or independent agency of— "(1) enclosures reasonably related to the subject matter of official correspondence; "(2) informational releases relating to the census of the United States and authorized by title 13; " (3) matter concerning the sale of Government securities; "(4) forms, blanks, and copies of statutes, rules, regulations, instructions, administrative orders, and int<irpretations necessary in the administration of the department or establishment; "(5) a^icultural bulletins; " (6) lists of public documents offered for sale by the Superintendent of Documents;

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Page:United States Statutes at Large Volume 84 Part 1.djvu/811

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

"(7) announcements of the publication of maps, atlases, and statistical and other reports offered for sale by the Federal Power Commission as authorized by section 825k of title 16; or " (8) articles or documents to educational institutions or public libraries, or to Federal, State, or other public authorities. "§ 3205. Accounting for penalty covers "Executive departments and agencies, independent establishments of the Government of the United States, and organizations and persons authorized by law to use penalty mail, shall account for all penalty covers through the Postal Service. "§ 3206. Reimbursement for penalty mail service " (a) Except as provided in subsections (b) and (c) of this section, executive departments and agencies, independent establishments of the Government of the United States, and Government corporations concerned, shall transfer to the Postal Service as postal revenue out of any appropriations or funds available to them, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails by or to them as penalty mail mider authority of section 3202 of this title. "(b) The Department of Agriculture shall transfer to the Postal Service as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clauses (1)(F) and (4) of section 3202(a) of this title. "(c) The Library of Congress shall transfer to the Postal Service as postal revenues out of any appropriations made to the Library for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clause (5) of section 3202(a) of this title. "§ 3207. Limit of weight of penalty mail; postage on overweight matter " (a) Penalty mail is restricted to articles not in excess of the weight and size prescribed for that class of mail receiving high priority in handling and delivery, except— "(1) stamped paper and supplies sold or used by the Postal Service; and "(2) books and documents published or circulated by order of Congress when mailed by the Superintendent of Documents. " (b) A penalty mail article which is— " (1) over 4 pounds in weight; "(2) not in excess of the weight and size prescribed for mail matter; and "(3) otherwise mailable; is mailable at rates for that class of mail entitled to the lowest priority in handling and delivery, even though it may include written matter and may be sealed. "§ 3208. Shipment by most economical means "Shipments of official matter other than franked mail shall be sent by the most economical means of transportation practicable. The Postal Service may refuse to accept official matter for shipment by mail when in its judgment it may be shipped by other means at less expense, or it may provide for its transportation by freight or express whenever a saving to the Government of the United States will result therefrom without detriment to the public service.

753

'^'^ ^'^*- ^^^•

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