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CONFIDENTIAL
POST OFFICE DEPARTMENT
THE EXECUTIVE ASSISTANT TO THE POSTMASTER GENERAL
WASHINGTON, D.C. 20260.
April 23, 1970
MEMORANDUM TO:
William E. Timmons
FROM:
Henry R. Albert
SUBJECT:
Chattanooga, Tennessee
Post Office Promotions
This is in further reply to your memorandum of March 11 addressed
to Paul Carlin expressing your concern over some of the promotions
in the Chattanooga Post Office.
The attached two lists--one setting forth names, duties and positions,
involve the supervisory promotions in the Chattanooga Post Office.
This list contains all promotions effected in that office from
February 10, 1968 through March 7, 1970. The Memphis Regional
Director was requested to obtain this list after you received word
about the "off-color" promotions that were supposedly being
accomplished in Chattanooga during the past year.
We have attempted to learn the affiliations as best we could of those
individuals that have been involved (February 1968 to March 1970),
and we have attached an additional list of the individuals with their
present addresses of residence, SO that supplemental and additional
checks may be made if desired.
We requested this listing as far back as 1968, for reasons which you
well know. I believe that when the Chattanooga Postmaster was contacted
concerning the compilation of the subject list, he got the message.
You will note that the individuals that we were able to check are identified
by numbers. Number 1 is a Republican, Number 2 is a Democrat,
Number 3, Independent, and Number 4, of which there are none on
this list, cannot be identified as to affiliation.
I hope this information will be helpful to you and we will keep you
advised of any additional developments.
Enclosure
CONFIDENTIAL
Reproduced at the Richard Nixon Presidential Library
P-Thinkso, but not sure
Reproduced at the Richard Nixon Presidential Library
rch 17, 1970
1-AN:ge
SUPERVISORY CHANGES SUBSEQUENT TO
REGIONAL MEMORANDUM NO. RPM 61-22 OF APRIL 4, 1961
E
NAME
FROM
TO
EFFECTIVE
DATE
Approval
Post Audit
Sup. Register
attanooga, Tennessee
2-?
W. H. Hackworth
Dist. Clerk, PFS-5
Cust. Rel. Rep., PFS-8
02/10/68
1
W. L. Stanley
Asst. Supt., Del. &
Supt. Del. & Coll.,
05/04/68
Coll., PFS-11
PFS-12
1+2
W. R. Rutledge
Foreman, Del: & Coll.,
Asst. Supt., Del. &
05/18/68
PFS-8
Coll., PFS-11
2
Harley M. Edmondson
Pers. Asst., PFS-8
Area Safety Counselor,
06/01/68
PFS-10
J.K. Hodge
Carrier Tech., PFS-6
Foreman, Del. & Cell.,
06/15/68
PFS-8-
2
G. H. Sewell
Pers. Asst., PFS-6
Pers. Asst., PFS-8
06/29/68
2-?
J. E. Alexander
Asst. Carrier Station
Asst. Carrier Station
08/10/68
Supt., PFS-8
Supt., PFS-9
B
J. W. Bone
Window Clerk, PFS-5
Cust. Rel. Rep., PFS-8
08/10/68
Roy C. Long
Post. Mach. Mech., PFS-6.
Foreman, Maint., MPE,
09/21/68
:
PFS-8
1
William D. Suddeth
Dist. Clerk, PPS-5
Tour Supt. of Mails,
10/05/68
PFS-8
Rolla M. Hall
Dist. Clerk, PFS-5
Foreman, Mails, PFS-8
10/05/68
2.
T. L. Scoggins
Dist. Clerk, PFS-5
Asst. Carrier Station
11/30/68
Supt., PFS-8
Reproduced at the Richard Nixon Presidential Library
March 17, 1970
SUPERVISORY CHANGES SUBSEQUENT TO
211-AN:ge
REGIONAL MEMORANDUM NO. RPM 61-22 OF APRIL 4, 1961
Page 2
PAGE 2
OFFICE
NAME
FROM
TO
EFFECTIVE
Approval
Post Audit
Sup. Register
DATE
Chattanooga, Tennessee
142
Walter R. Pettyjohn
Asst. Carrier Branch
Carrier Station Supt.,
11/30/68
Supt., PFS-8
PFS-9
D.G.Stewart
Auto. Foreman, PFS-8
Supt. Veh. Maint.,
12/14/68
PFS-10
>
Charles M McDade
Transit Mail Expediter,
Asst. Carrier Branch
12/28/68
PFS-6
Supt., PFS-8
Fred S. Huskey
Auto. Mech., PFS-6
Foreman, Automotive,
01/25/69
PFS-8
2
G. H. Sewell
Pers. Asst., PFS-8
Supt., Win: Serv.
02/18/69
PFS-9
1-?
R. W. Kendall
Asst. Carr. Sta. Supt.,
Carrier Sta. Supt.,
03/08/69
PFS-8
PFS-9
J. T. Gilley
Dist. & Win. Clk., PFS-5
Pers. Asst - Trng.;
03/22/69
PFS-8
1+2
James E. Kelley
Bulk Mail Tech., PFS-6
Safety Asst., PFS-8.
03/22/69
2?
Nathan A. Hicks
Dist. Review Clerk, PFS-5 Foreman, Mails, PFS-8
04/05/69
B
C. L. Harris
Window Clerk, PFS.-5
Foreman, Mails, PFS-8
06/28/69
R
Carl C. Akers
Dist, Clerk, PFS-5
Foreman, Mails, PFS-8
09/06/69
B
Leroy Lindsay
main
L. 0. Gilley
Maint. Mech., MPE, PFS-6
Maint. Mech., MPE,
09/20/69
PFS-7
William A. Ray
Dist. Clerk, PFS-5
:
Foreman, Mails, PFS-8
10/04/69
Reproduced at the Richard Nixon Presidential Library
SUPERVISORY CHANGES SUBSEQUENT TO
rch 17, 1970
REGIONAL MEMORANDUM NO. RPM 61-22 OF APRIL 4, 1961
1-AN:ge
ge 3
PAGE 3
E
NAME
FROM
TO
EFFECTIVE
Approval
Post Audit
Sup. Register
DATE
anooga, Tennessee
M. R. Brooks
Foreman, Mails, PFS-8
Asst. Carrier Station
11/15/69
Supt., PFS-9
1-?
J. F. Carden
Asst. Carrier Branch
Carrier Branch Supt.,
11/15/69
Supt., PFS-8
PFS-10
3
R. M. Lovinggood
Asst. Carrier Station
Carrier Station Supt.,
11/15/69
Supt., PFS-9
PFS-10
Charles V. McDade
Asst. Carrier Station
Asst. Carrier Station
11/15/69
Supt., PFS-8
Supt., PFS-9
Arthur T. Buchanan
Carrier Tech., PFS-6
Asst. Carrier Branch Supt., 12/13/69
PFS-8
Robert P. Eiseman
City Carrier, PFS-5
Asst. Carrier Branch
12/13/69
Supt., PFS-8
2-?
William O. Bennett
Dist. Clerk, PFS'-5
Foreman, Mails, PFS-8
12/13/69
142
A. C. Duncan
Supt., Detached Mail
Supt., Detached Mail
12/13/69
Unit, PFS-10
Unit, PFS-11
1-?
E. B. Mitchell
Todr Supt., Mails, PFS-10
Asst, Det. Mail Unit
01/24/70
Supt., PFS-10
1?
W. J. DeMars
Foreman, Mails PFS-9
Tour Supt., Mails,
02/07/70
PFS-10
J. R. Gilbreath
Acctg. Clerk, PFS-5
Asst. Carrier Sta.
02/07/70
Supt:, PFS-8
Joe M. White
Foreman, Mails, PFS-8
Foreman, Mails, PFS-9
03/07/70
W. H. Hackworth
213 North St. Marks Avenue,
Chattanooga, TN
W. L. Stanley
3622 Glendon Drive,
Chattanooga, TN
W. R. Rutledge
28 North Parkdale, Ave.,
Chattanooga, TN
Harley M. Edmondson
4311 Innwood Lane
Chattanooga, TN
John K. Hodge
116 Larchmont
Chattanooga, TN
Gilbert H. Sewell
7222 Bonny Oaks Dr.,
Chattanooga, TN
John E. Alexander
4005 Patton Drive,
Chattanooga, TN
John W. Bone
4810 Cordelia Lane,
Chattanooga, TN
Roy C. Long
Chatta Valley Road,
Chattanooga, TN
William D. Suddeth
49 Moore Drive,
Rossville, GA
Rolla M. Hall
No Address Listed
Thomas L. Scoggins
2226 Beeler Avenue,
Chattanooga, TN
Reproduced at the Richard Nixon Presidential Library
Walter R. Pettyjohn
No Address Listed
D. G. Stewart
3419 Through,
Chattanooga, TN
Charles V. McDade
1905 Honeycutt Lane
Chattanooga, TN
Fred S. Huskey
Beverly,
Rossville, GA
Gilbert H. Sewell
7222 Bonny Oaks Dr.,
Chattanooga, TN
Roy W. Kendall
2120 Mae Dell Dr.,
Chattanooga, TN
J. T. Gilley
33 Waconda Point
Chattanooga, TN
James E. Kelley
No Address Listed
James Kelley
107 Goodson Ave.,
Chattanooga, TN
Nathan A. Hicks
No Address Listed
Nathan Hicks
117 North Lovell Ave.,
Chattanooga, TN
C. L. Harris
2100 Ivy,
Chattanooga, TN
Carl C. Akers
2406 York,
Chattanooga, TN
Leroy Lindsay
No Address Listed
L. C. Lindsay
7527 Ziegler Road
Chattanooga, TN
L. O. Gilley
No Address Listed
William A. Ray
1369 Ridgefield Circle
Chattanooga, TN
Reproduced at the Richard Nixon Presidential Library
M. R. Brooks
No Address Listed
James F. Carden
1913 Close Road,
Chattanooga, TN
R. M. Lovinggood
119 Alpine Dr.,
Rossville, GA
Charles V. McDade
1905 Honeycutt Lane
Chattanooga, TN
Arthur T. Buchanan
1051/2 South Howell Ave.,
Chattanooga, TN
Robert P. Eiseman
628 Ely Road
Hixson, TN
William O. Bennett
3601 13th Ave.,
Chattanooga, TN
A. C. Duncan
2824 Anderson Terrace,
Chattanooga, TN
Everett B. Mitchell
210 Schmitt,
Rossville, GA
Wirt J. DeMars
N. Hickory Valley Rd.,
Chattanooga, TN
James R. Gilbreath
733 Luwana Dr.,
Rossville, GA
Joe M. White
1219 Westwood Ave.,
Chattanooga, TN
Reproduced at the Richard Nixon Presidential Library
PO
NOTIFICATION TO:
Members of Congress
SUBJECT
:
Transfer of Postal Facility Functions to
Corps of Engineers
On March 11, 1971, the Post Office Department entered into an Agreement
with the Corps of Engineers transfering major postal facility functions.
It has recently been determined that those Headquarters and regional office
postal employees performing work associated with these transferred
functions will be transferred to the Corps of Engineers under existing
Civil Service regulations.
Accordingly, the affected Facilities personnel are being individually
informed that their functions will be transferred to the Corps of Engineers.
The Corps of Engineers will soon be making determinations regarding
individual job offers. It has been recommended to all affected personnel
that they seriously consider any offer to transfer to the Corps of Engineers,
since their positions will no longer exist in the postal organization.
The normal personal expenses involved in relocation for any such employee
will be met under government regulations by the Post Office Department.
Reproduced at the Richard Nixon Presidential Library
May 19, 1971
MEMORANDUM FOR:
PAUL CARLIN
EXECUTIVE ASSISTANT TO
THE POSTMASTER GENERAL
FOR CONGRESSIONAL RELATIONS
U.S. POSTAL SERVICE
SUBJECT:
Civic Center at La Crosse, Wisconsin
We have received a disturbing letter from Congressman Vernon
Thomson of Wisconsin concerning a Civic Center at La Crosse.
Please read Rep. Thomson's letter and let us have a report
on the matter as quickly as possible.
Max L. Friedersdorf
Special Assistant to
the President
Reproduced at the Richard Nixon Presidential Library
Po
May 17, 1971
MEMORANDUM FOR:
PAUL N. CARLIN
FROM:
DICK COOK
SUBJECT:
Mr. Q. D. Fleming
I refer you to your April830th letter to Bill Timmons,
enclosing a draft reply to a letter from Cong. Harley
O. Staggers.
Cong. Staggers office has just called to advise that
Mr. Fleming has been fired from his job as of April 28,
and, of course, the Congressman would like to have the
inside information on this.
Paul, would you check this for me and let me hear from
you as soon as possible. Many thanks.
Reproduced at the Richard Nixon Presidential Library
PO
May 7, 1971
MEMORANDUM FOR:
JOHN NIDECKER
FROM:
BILL TIMMONS
Will you check with Parl Carlin to find if any truth
in rumor that the Wichita, Kansas regional office will
be moved to St. Louis and the Memphis regional office
moved to another city?
Dole and Shriver are concerned over the former,
Kuykendall over the latter.
Reproduced at the Richard Nixon Presidential Library
EXECUTIVE ASSISTANT TO THE POSTMASTER GENERAL
WASHINGTON, D.C. 20260
April 16, 1971
on
MEMORANDUM FOR WILLIAM E. TIMMONS
Finally
some "helpful" news from the Postal
Service.
Paul N. Carlin Carlin
cc: Clark MacGregor
Kenneth E. BeLieu
Eugene S. Cowen
Richard K. Cook
John E. Nidecker
William E. Casselman, II
Max L. Friedersdorf
Thomas C. Korologos
James H. Hogue
Reproduced at the Richard Nixon Presidential Library
BACKGROUND
for
WHITE HOUSE CONGRESSIONAL LIAISON STAFF
The Postmaster General will advise the Congress of a new mail
delivery service for the Hill through individual letters that he will
send to each Congressman and Senator on Monday morning, April 19.
A copy is attached.
This new service will be implemented on May 3. It will be closely
monitored on a daily basis by highly qualified Postal Service tech-
nicians. Priority attention will be given to promptly resolving any
unanticipated "bugs" that may develop.
The Postal Service will not make a public announcement regarding this
new service.
The detailed implementation plans, covered under the heading
"Cooperative Plan for Expedited Dispatch of Congressional Mail,"
will be outlined to Congressional staffers during the week of April 26.
Since these in-depth briefings will provide a "good news" opportunity,
the White House Congressional Liaison Staff may wish to attend each
of the following briefing sessions:
Reproduced at the Richard Nixon Presidential Library
HOUSE OF REPRESENTATIVES
Congressional Pouch Briefings
Room 345, Cannon Building
Date
Time
Monday, April 26
1:00 p. m. - 3:00 p. m.
Wednesday, April 28
1:00 p. m. - 3:00 p. m.
Thursday, April 29
1:00 p. m. - 3:00 p. m.
Friday, April 30
9:00 a. m. - 11:00 a. m.
Friday, April 30
1:00 p. m. - 3:00 p. m.
UNITED STATES SENATE
Congressional Pouch Briefings
Room 6206, New Senate Office Building
Date
Time
Monday, April 26
9:00 a. m.
Wednesday, April 28
9:00 a. m.
Reproduced at the Richard Nixon Presidential Library
ATES
POSTA
UNITED *
U.S.MAIL
SERVICE *
*******
THE POSTMASTER GENERAL
Washington, DC 20260
April 19, 1971
Dear Congressman:
In recognition of the special importance of prompt delivery
of your mail to your constituents, the United States Postal
Service is initiating a program to provide Members of Congress
with overnight delivery for airmail, as well as delivery
generally not later than the second day for first-class mail
to their home districts or states. This service will be pro-
vided to you beginning May 3, 1971. Specially designated mail
pouches will be made available to your office to implement
this service.
As you well know, much of your correspondence responding to
constituents' letters, as well as the correspondence you
initiate, has an urgent time value. This program, therefore,
will represent improved postal service that will benefit many
persons all over the country, as well as be helpful to your
office in handling your important mail.
The plan requires only minimal additional preparation steps
of mail by your staff. The Postal Service will provide all
necessary mailing receptacles for your staff to apply appro-
priate labels or tags which will be supplied by the Postal
Service. A precancelled airmail stamp will be provided through
the House and Senate Post Offices for use on airmail letters.
We will identify the destination points and prepare the label
for your pouches.
Two mail pouches will be supplied to your office -- one for
airmail and one for first-class mail. The airmail pouches
will be picked up directly by trucks from the House and Senate
Post Offices at 2:00 p.m. each day. First-class mail will be
picked up in a like manner at 5:00 p.m. each day. This specially
prepared mail will bypass the Washington, D.C. Post Office and
will receive immediate and direct dispatch by the earliest
available transportation from Washington area airports. This
"bypass" will enable us to provide you better postal service
and at the same time save us approximately $70 thousand annually.
For this reason, it will be possible to offer overnight delivery
for airmail and no later than second-day delivery for first-
class mail dispatched under this new program.
(SAMPLE LETTER FOR SOUTHERN CONGRESSMEN)
Reproduced at the Richard Nixon Presidential Library
2
I have asked Mr. Walter Harris and other postal officials
to meet with the Congressional staffs from your state to
discuss the detailed procedures related to the implementation
of this new service. This meeting is scheduled for Wednesday,
April 28, at 1:00 p.m., in Room 345 Cannon (Caucus Room)
If you are interested in utilizing this new service, please
designate a staff member to attend this meeting. It would
be appreciated if you would supply this name to Mr. Harris,
Code 177, Extension 8307, no later than April 23.
With kind regards.
Sincerely,
Winton M. Blount
XXXX
XXXX
XXXX
Reproduced at the Richard Nixon Presidential Library
COOPERATIVE PLAN FOR EXPEDITED DISPATCH OF CONGRESSIONAL MAIL
The U. S. Postal Service has developed and is ready to initiate a
new program designed to improve mail service between Congressional offices
in Washington and the home offices and districts of Congressmen and Senators.
The program is designed to provide overnight delivery for airmail which
meets an established dispatch schedule. For first-class (franked) mail,
the program is designed to provide delivery no later than the second day
after mailing.
This new service has been developed in recognition of the fact that
prompt delivery of Congressional mail to constituents and to home offices is
of special importance. For mail with an urgent time value, this new program
will represent improved mail service which will benefit many of our citizens,
as well as being helpful to Congressional offices in handling mail.
The central feature of the program is to provide expedited dispatch of
Congressional mail through by-passing the primary distribution operation in
the Washington Post Office. By-passing is accomplished by allowing each
Congressional office to make a direct pouch to post offices in his home
area. The pouches will be picked up at the House and Senate Post Offices
and taken directly to the airport for dispatch by the earliest available
transportation.
The expedited dispatch service will operate five days a week --
Monday through Friday. No service will be provided on holidays.
The program requires cooperation between Congressional offices and
the Postal Service. Congressional offices will need to:
Reproduced at the Richard Nixon Presidential Library
2
1. Make up mail properly.
2. Put mail in proper pouch.
3. Close and seal the pouch.
4. Insure that the pouch or pouches reach the Senate or House Post
Office before dispatch time.
The Postal Service will:
1. Furnish all needed supplies (except for pre-canceled airmail
stamps); for example:
a. Pouches
b. Labels
c. Congressional mail tags
d. Facing slips
e. Pouch seals
f. Rubber bands
2. Provide necessary training and instruction concerning the programs
(which is the purpose of this presentation)
3. Make collections of the pouches.
4. Expedite movement of pouch to destination for easy delivery of
mail.
There are two dispatch schedules for mail in the expedited dispatch
program -- one for airmail and one for first-class (franked) mail. The
airmail dispatch closes at 2:00 p.m. This means that the pouch must be in
the House or Senate Post Office by 2:00 p.m. to insure overnight delivery.
The dispatch for first-class mail closes at 5:00 p.m. Mail deposited by
that time will generally be delivered no later than the second day after
mailing.
Reproduced at the Richard Nixon Presidential Library
3
The expedited dispatch mail service applies only to mail for a Senator's
home State and to a Congressman's home district. His other first-class
mail and airmail should be routed through the House or Senate Post Office
mailroom, as is presently done.
In summary, the plan for expedited dispatch of Congressional mail
contains the following features:
1. Overnight delivery of airmail.
2. Delivery no later than the second day after mailing for first-
class mail.
3. By-passing the primary distribution operation in the Washington
Post Office.
4. Cooperation by Congressional offices in. making up mail and
meeting dispatch schedules.
5. Assistance to Congressional Offices by Postal Service.
MATERIALS REQUIRED FOR EXPEDITED DISPATCH
Except for pre-canceled airmail stamps, each Congressman's and
Senator's office will automatically be supplied with materials and supplies
needed to start the expedited dispatch program. Thereafter, each office
should re-order needed supplies from the House or Senate Postmaster. The
re-ordering should occur when supplies are down to a 30-day level.
Pre-canceled airmail stamps -- to be obtained from the Senate or House
Post Office -- are required for airmail. Other supplies for the program are
pouches, pouch labels, Congressional mail tags, facing slips, and pouch
seals. Rubber bands are needed when several letters are in one pouch. Each
of these items will be described.
Reproduced at the Richard Nixon Presidential Library
4
Pouches -- Two types of pouches are required for this program --
airmail pouches and first-class mail pouches. Airmail pouches are orange
colored, the words DOMESTIC U. S. AIR MAIL are prominently printed on
one side of the pouch. The orange colored pouches must be used for the
airmail dispatch at 2:00 p.m. which insured overnight delivery.
The first-class pouches (for franked mail) are green in color. The words
U.S. FIRST-CLASS MAIL are printed on the pouch. The green pouches
must be used for first-class mail which will be dispatched at 5:00 p.m.
Both the green and orange pouches have holes with metal grommets near
the top. These holes allow the pouch to be hung on coat hooks or other appro-
priate hooks which allow easy access to the inside of the pouch.
Labels -- Each Congressional or Senatorial office will receive two packages
of labels -- one for airmail dispatch and one for first-class (franked) mail dispatch.
Except for mail from Congressmen in direct pouches to a few large cities,
labels for airmail and first-class mail will read differently. Consider, for
example, the mail of the Congressman from the 17th District in Texas. The
airmail label reads:
AMF
DALLAS
TX
TX
Congressman 17th District Texas
Except for mail to Alaska, any label with the letters AMF on the first line
is intended for airmail.
The first-class label for the same Congressman reads:
DIS
FORT WORTH TX 760
TX FCM-FLATS
Congressman 17th District Texas
Reproduced at the Richard Nixon Presidential Library
5
Any label which reads FCM-FLATS on the second line is intended for first-
class mail service. (The letters FCM stand for first-class mail).
A few direct pouches to large cities or sectional centers (which
service major areas surrounding a city) read the same for both airmail
and first-class mail. Examples are
NEW YORK, N. Y.
1000
Congressman 18th District New York
SCF CINCINNATI, OHIO 450
Congressman 1st District Ohio
In both of these cases, the label for airmail and for first-class
mail reads the same.
Labels will be issued in packages of 500. To make selection of the
correct label easier, the Postal Service will mark airmail labels with an
orange stripe down the side of the package of labels. This color matches
the orange airmail pouch. The side of the package of first-class labels
will be marked with a green stripe to match the color of first-class
pouches.
Congressional Mail Tags -- Tags for mail for the expedited dispatch
program will be furnished each Congressman's and Senator's office. These
tags read:
CONGRESSIONAL MAIL
THIS TAG TO BE REUSED
Pouch Seals -- Pouch seals are small strips of metal designed to
lock the hasp of a pouch over the metal staple on the pouch. The purpose
Reproduced at the Richard Nixon Presidential Library
6
of a metal seal is to insure that a pouch reaches its destination unopened.
Once the seal has been closed, it cannot be opened without breaking. One
end of the seal has a small red tab labeled U. S. MAIL.
Facing Slips -- Facing slips are small slips of paper (approximately
4 x 4½ inches) which are placed on top of mail before a rubber band secures
the mail. The facing slips will read:
CONGRESSIONAL MAIL
DO
NOT
DELAY
Rubber Bands -- Rubber bands are supplied to hold bundles of mail to-
gether and prevent loose letters in the pouch.
Re-Ordering Supplies -- An initial supply of materials for the expedited
dispatch program will be furnished each Congressman's and Senator's office
through the Senate and House Postmasters. Thereafter, each office should
re-order from the House or Senate Post Office when a 30-day supply remains.
PREPARING MAIL FOR EXPEDITED DISPATCH
Use of Pre-canceled Airmail Stamps -- Mail sent under this program
will not be postmarked or canceled. Therefore, any mail sent which contains
stamps must have precanceled stamps for postage. Pre-canceled airmail
stamps -- the only stamps to be used in the expedited dispatch program --
should be obtained from the House of Senate Postmaster. Make certain that
all airmail sent has a pre-canceled stamp for postage.
Making up Letter Packages -- Letters to be placed in a pouch should be
arranged so that the address on each letter faces the same way; that is,
a person who picks up the package should be able to read the address on
Reproduced at the Richard Nixon Presidential Library
7.
each letter without turning it around. Letters should be arranged into a
package that can easily be held in one hand. Then, a facing slip labeled
CONGRESSIONAL MAIL -- DO NOT DELAY should be placed on top of the
first letter in the package; be sure that the facing slip can be easily read.
Pouch Labels -- Every pouch to be dispatched must have a label
showing destination. Most offices have two types of labels -- one for
airmail and one for first-class mail. Be certain to use the correct label.
As previously noted, the labels for a few large offices and sectional centers
read exactly the same. Most labels, however, are marked AMF (first line)
or FCM-FLATS (second line). AMF labels are for airmail; FCM-FLATS
labels are for franked mail. For ease of identification, the Postal Service
will mark airmail labels with an orange mark and first-class labels with a
green mark on the side of the label package.
The Postal Service strongly recommends that the date of dispatch be
placed on the back of the label -- either with a one-line dater or by writing
it on by hand. Date the label and place it in the label holder before placing
mail inside the pouch.
Closing a Pouch -- Before closing a pouch, make certain that only
airmail is in the orange pouch and that only franked mail is in the green
pouch. Check to see that a dated label is in the label holder.
To close the pouch, pick it up with one hand (or remove from hooks if
the pouch is hanging). Gather the top of the pouch until you can close your
hand around it. Next, bring the leather strap around the top and place it
through the rectangular metal opening at the other end of the belt.
Reproduced at the Richard Nixon Presidential Library
8
Now, place the CONGRESSIONAL MAIL tag over the end of the staple.
Tighten the belt so that the hasp will fit over the staple. Bring the
hasp down.
Now place the metal seal into the staple and gently squeeze the two
ends together. Fold down the red tab on the seal.
The pouch is now sealed for dispatch.
Pickup of Pouches -- The airmail (orange) pouch must be picked up
in time to be at the House or Senate Post Office by 2:00 p.m. The first-
class (green) pouch must reach the House or Senate Post Office by 5:00 p.m.
Each office should check the pickup schedule to insure that the pouch will
reach the post office in time for the daily dispatch. Pouches which miss
the pickup may be delivered directly to the post office (House or Senate)
prior to 2:00 or 5:00 p.m.
Questions or Problems -- Questions about the expedited dispatch program
or problems that arise in connection with the program should be taken up
with the House or Senate Post Offices. Both Postmasters are working closely
with the Postal Service to insure the success of the expedited dispatch
program.
We will now answer any questions that you may have at this time.
Reproduced at the Richard Nixon Presidential Library
Po
EXECUTIVE ASSISTANT TO THE POSTMASTER GENERAL
WASHINGTON, D.C. 20260
April 9, 1971
APR 12 1971
MEMORANDUM FOR:
William E. Timmons
FROM:
Paul N. Carlin Pame
SUBJECT:
Congressional Relations
I just came across your March 19, 1971 memorandum and,
while a written response has not previously been sent to
you, I trust that our meeting last Friday afternoon was
fully responsive to the questions which were raised in your
memorandum.
Reproduced at the Richard Nixon Presidential Library
P.O.
April 2, 1971
MEMORANDUM FOR:
PAUL CARLIN
PROM:
WILLIAM E. TIMMONS
Attached is a brief background paper on young John Heise
who is interested in federal employment during the summer.
If Henry's Honchos can use him, I'd be most appreciative.
John is a hard worker and anxious to learn, and I would
hope you could find an appeopriate position other than
lifting mail bags.
My continued thanks for all you do.
Reproduced at the Richard Nixon Presidential Library
Resume for John I. Heise, III
John I. Heise, III, is completing his freshman year at
DePauw University in Greencastle, Indiana. He is in the Liberal
Arts curriculum and will probably major in political science or
social studies. His present goal is a graduate school curriculum
in either business or law. His first semester resulted in three
B's and an A.
John is a graduate of Walt Whitman High School in Bethesda,
Maryland, and resides at 6808 Newbold Drive in Bethesda. His
father practices law in Silver Spring. He has two younger sisters
and a younger brother.
He was a member of the freshmen football team at DePauw and
is a candidate for the Varsity squad for next year. He is a member
of Beta Theta Pi Fraternity and served as President of his pledge
class. At Walt Whitman High School he was Vice President of the
Key Club, active in student government affairs and played varsity
football, varsity baseball, and was a member of the varsity
swim team. He graduated in the second fifth of his class from
Walt Whitman.
John was active in scouting and attained the rank of Eagle
Scout. He was selected to represent the Washington Metropolitan
Area at the World Jamboree several years ago, and was also selected
as a member of the Eagle Scout Honor Guard for the Inaugural Parade
and Inaugural Balls.
Reproduced at the Richard Nixon Presidential Library
- 2 -
John is 19 years of age, stands five feet, ten inches tall,
and weighs 165 pounds. He is interested in gaining greater
familiarity with our Government and its departmental structure.
Reproduced at the Richard Nixon Presidential Library
To
April 29, 1971
MEMORANDUM FOR:
PAUL N. CARLIN
EXECUTIVE ASSISTANT TO
THE POSTMASTER GENERAL
FOR CONGRESSIONAL RELATIONS
Paul, I am sending along a copy of a letter received today
from an Indiana newspaper editor who raises some serious
questions about postal rate increases for magazines and
newspapers. Will you please read this over and respond
directly to Mr. Mayhill?
Thank you.
Max L. Friedersdorf
Special Assistant to
the President
Reproduced at the Richard Nixon Presidential Library
POST OFFICE DEPARTMENT
THE EXECUTIVE ASSISTANT TO THE POSTMASTER GENERAL
WASHINGTON, D.C. 20260
August 6, 1970
MEMORANDUM
To:
William E. Timmons
Assistant to the President
From:
Paul N. Carlin 14
Subject:
Congressional Correspondence
and Telephone Calls
The Post Office Department has given continuing high priority
to the matter of prompt, courteous and responsive handling
of both correspondence and telephone calls from Members of
Congress. The Postmaster General endeavors to return as
many telephone calls from Members of Congress as possible.
When he is unavailable, his Executive Assistant or Deputy
Executive Assistant for Congressional Liaison telephones the
Member to offer his assistance. We further believe that the
secretaries who receive these calls treat the Members and
their staffs with all due politeness and respect.
Each day the Postmaster General and the Congressional Liaison
staff receive approximately 150 to 175 Congressional letters.
Each of these letters is acknowledged within one day of receipt.
We have found that the use of IBM magnetic tape typewriters
has been extremely helpful in preparing prompt and individualized
acknowledgments. Furthermore, in those instances where it
is possible, final replies are also prepared on the date of receipt.
We are currently studying other subject areas which are conducive
to immediate final replies as a part of our continuing campaign
to improve the responsiveness of the Department to the Congress.
Reproduced at the Richard Nixon Presidential Library
HEALTH.
DEPARTMENT OF AMPLICA
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE
D.C. 20201
U.S.A.
OFFICE OF THE SECRETARY
August 5, 1970
MORANDUM FOR HONORABLE BILL TIMMONS
In response to your memo of July 16, the fact that we have a new
Secretary makes it difficult to set up a schedule of routine meetings
with minority members of our committees at this time. Elliot
Richardson has been making numerous contacts on the Hill in the
process of his orientation, but he prefers to meet with the members
when he has something specific to discuss.
On the Senate side, he has had individual meetings with most of the
minority members of the Senate Finance Committee, a breakfast
with the Republicans on our appropriations subcommittee, a meeting
with Senator Javits (who is ranking on Labor & Public Welfare), and
a luncheon with Hugh Scott. On the House side, he has met with the
members of the health subcommittee, had lunch with Bill Ayres and
Al Quie to discuss education legislation, met with Jerry Ford,
Frank Bow, Les Arends and Bob Michel to discuss appropriations,
and had breakfast with Michel again today. These are only some of
his Republican contacts; he has also been touching some important
Democratic bases.
I expect that in the normal course of business he will have met with
most of our committee Republicans -- and some of them more than
once -- within the next couple of months. After that, we'll try to
evolve a regular schedule. I have also asked John Bibby to schedule
him as a speaker at a House Republican conference breakfast as soon
as possible.
We'll keep your office posted on meetings we set up for the Secretary
and invited someone from your staff to join us when it seems
appropriate.
Creed C. Black
Reproduced at the Richard Nixon Presidential Library
DIPARTMENT OF DEFENSE
OFFICE OF THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
UNITED STATES OF AMERICA
July 30, 1970
MEMORANDUM FOR MR. WILLIAM E. TIMMONS
Assistant to the President
for Congressional Relations
SUBJECT: Coordination of Legislative Programs
The attached is provided in response to your recent request
for a status report on major Defense legislation.
Signed - Richard G. Capen, Jr.
Richard G. Capen, Jr.
Assistant to the Secretary
for Legislative Affairs
Attachment
Reproduced at the Richard Nixon Presidential Library
DEPARTMENT OF DEFENSE MAJOR LEGISLATION
FY 1971 Defense Procurement Authorization Bill - (H. R. 17123; S. 3367)
This bill would authorize appropriations during FY 1971 for procurement of
aircraft, missiles, naval vessels and tracked weapons and research and
development, test and evaluation for the Armed Forces, and prescribe the
authorized personnel strength of the Selected Reserve of each Reserve
component of the Armed Forces, and for other purposes. Our authori-
zation proposal requested $20.271 billion --$12.869 billion for procure-
ment and $7.441 billion for research and development.
The House passed the Authorization Bill on May 6 by a vote of 326 to 69.
The House bill authorizes a total of $20.237 billion of which $12.972 billion
is for procurement and $7.266 billion is for research and development.
In final passage the bill contained two amendments neither of which affects
the funding recommended by the House Armed Services Committee.
The Senate Armed Services Committee (Chairman Stennis) reported the
Authorization Bill on July 14. The net reduction to the House bill was
$1.329 billion --or a recommended authorization of $19.242 billion.
So far, 21 amendments to the House bill have been introduced in the Senate.
Senate floor consideration of the Authorization Bill began on July 24.
The bill is expected to pass the Senate after considerable debate. Floor
debate is expected, however, to move at a considerably faster pace than
last year. The ABM again poses a major issue with an extremely close
vote expected. Other major amendments involve cutbacks to other
weapons programs including the C-5 and the MIRV and limitations on the
use of draftees in Vietnam and the use of antiplant chemicals for mill-
tary purposes. The Hatfield-McGovern amendment, requiring withdrawal
of U. S. troops from Southeast Asia unless Congress declares war, will
again be the subject of debate.
The extent of organized opposition to the bill will require that some
countermeasure be taken to insure that the Administration's position
is adequately articulated on the floor during debate. Coordination of
such an effort is in progress. Defense has undertaken the preparation
of fact sheets and other material to assist Members during conduct of
the floor debate.
Reproduced at the Richard Nixon Presidential Library
4
FY 1971 Defense Procurement Appropriations Bill
Appropriates funds for military procurement and operation of the
Department of Defense during FY 1971. Approximately $68.7 billion
was requested.
The Defense Appropriatons Subcommittee of the House Appropriations
Committee has completed hearings on our 1971 budget request. The
Subcommittee mark-up is not now expected until the Senate completes
action on our Authorization Bill and it may be delayed until after con-
ference action has been completed. It is expected that the bill will not
be reported out until sometime in November and taken to the floor after
the elections.
The Defense Appropriations Subcommittee of the Senate Appropriations
Committee has completed hearings except for a possible wrap-up apr
pearance by Secretary Laird after completion of House action.
Any prediction as to projected vote count and strategy at this time would
be premature.
FY 1971 Military Construction Authorization Bill - (H. R. 17604; S. 3588)
Our FY 1971 Military Construction Authorization Bill proposed an authori-
zation for $2. 1 billion for military construction.
The House passed H.R. 17604 on May 20. As amended, the House bill
authorizes $1.999 billion for FY 1971 military construction.
Joint hearings before the Military Construction Subcommittees of the
Senate Armed Services Committee and the Senate Appropriations Com-
mittee started on July 28 and have been substantially completed.
This is a relatively noncontroversial measure. The Committee report
and floor action is not expected until late August or early September.
Approval by the Committee and passage by the Senate are expected by
nearly unanimous vote. Accordingly, no significant problems are ex-
pected.
FY 1971 Military Const ruction Appropriations Bill - (H. R. 17970)
To appropriate funds for construction projects at certain military instal-
lations. $2. 1 billion was requested.
Reproduced at the Richard Nixon Presidential Library
3
The House Appropriations Committee reported the bill out on June 8
without amendment to the Subcommittee's recommendations. On June 11
the House passed the bill by a vote of 308 to 57 appropriating $1.997 for
military construction.
Joint hearings before the Military Construction Subcommitteesof the
Senate Armed Services Committee and the Senate Appropriations Com-
mittee began on July 28.
The comments immediately above relating to the Construction Authori-
zation Bill are equally applicable here.
FY 1970 and FY 1971 Military Sales Authorization Bill
This legislation passed the House on March 24.
On May 12 the Senate Foreign Relations Commitee reported out the
Foreign Military Sales Bill with a number of Committee amendments.
On June 30 the Senate passed the bill by a vote of 75 to 20 subsequent to
approval of the Cooper-Church amendment by a vote of 58 to 37. The
House-Senate Conference Committee held its first meeting on July 15 and
no substantive issues were decided. The Committee met again on July 22
and July 29 without any positive forward motion. No date has been set for
a further meeting.
Conference could continue for an indefinite time. As Senate and House
Conferees are at opposite ends of the pole on Cooper-Church, there is
a possibility that the Conference could end without the bill being reported
out. In case this happens, consideration is already being given to having
the FMS authorization as a non-germane rider to another bill.
FY 1971 MAP and Foreign Military Sales Appropriations Bill
The FY 1971 Foreign Assistance and Related Programs Appropriations
Bill passed the House on June 4 (MAP - Title I - $350 million; FMS -
Title II - $272.5 million). Currently awaiting Senate action and hearings
are expected in late August. The Administration plans to request amend-
ment of the pending bill to include the Foreign Military Sales appropri-
ations for FY 70.
The prospects are good in Committee and we expect the full amounts
authorized which in the case of MAP is $350 million. Chairman McGee
Reproduced at the Richard Nixon Presidential Library
4
of the Senate Appropriations Subcommittee on Foreign Operations is
favorably disposed to foreign aid; however, he will be forced to drop
the FMS money if authorizing legislation is not forthcoming. Some anti-
military debate can be expected on the Senate floor with regard to MAP
with possible attempts to cut the MAP appropriation.
Shiploan Legislation
This legislation, which would extend certain ship loans to foreign countries,
passed the House with three submarines for Nationalist China. The loan of
these boats for China was not included in the original Administration
legislative proposal. The Senate Armed Services Committee is delaying
hearings until an Executive Branch position is received on the three sub-
marines. Efforts to resolve Defense/State differences with respect to
this matter are in progress. Further, before the Senate Armed Services
Committee reports the bill out, Senator Fulbright may request that he
hold hearings on the bill as he did three years ago.
The Senate will probably drop the three submarines for China. This
could make this a controversial issue in Conference, since Chairman
Rivers has strongly supported this loan for China. Other than this as-
pect, there appears to be no significant problems in connection with the
ship loan bill.
Reproduced at the Richard Nixon Presidential Library
DEPARTMENT OF DEFENSE
OFFICE OF THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
UNITED STATES OF AMERICA
July 30, 1970
MEMORANDUM FOR Mr. William E. Timmons
Assistant to the President
for Congressional Relations
In a recent memorandum you indicated that complaints were being
received regarding the inaccessibility of Cabinet officers to friendly
Members of Congress and the lack of responsiveness in handling
Congressional inquiries.
With respect to Mel talking to and meeting with Members of Con-
gress, I am sure that he has probably set some kind of record.
As you know, he frequently goes over to the Hill and spends a
great deal of time talking to his former colleagues on both sides
of the Capitol. In addition, he has had a number of Senators and
Congressmen over for breakfast and lunch as well as arranged
for evenings aboard the Sequoia with Members on several occasions.
Of course, Mel cannot talk to every Member of Congress who has
a problem which he wants to discuss personally on the telephone.
We have to be somewhat selective in this area. With the help of
Carl Wallace and Bill Baroody, we have handled this problem
without any resulting friction or ruffled feelings so far as I know.
In regard to the handling of Congressional inquiries, our procedures
are quite precise and require an acknowledgment of all letters
written to the Secretary. All such letters receive an immediate ac-
knowledgment signed by either Jim Lawrence or myself. If the
five-day suspense date for a final answer cannot be met, an interim
response is provided to the inquiry.
After reviewing the matter and considering the number of inquiries
and volume of mail received, I feel that our procedures are ade-
quate and that Members of Congress are getting the very best of
service. If any instance in which this is not the case should come
to your attention, I would appreciate your letting me know.
Reproduced at the Richard Nixon Presidential Library
2
I am in complete accord with your efforts to ensure that we are
doing our utmost to be of service to those on the Hill who depend
on us for information and assistance.
Signed - Richard G. Capen, Jr.
Richard G. Capen, Jr.
Assistant to the Secretary
for Legislative Affairs
Reproduced at the Richard Nixon Presidential Library
POST OFFICE DEPARTMENT
THE EXECUTIVE ASSISTANT TO THE POSTMASTER GENERAL
WASHINGTON, D.C. 20260
AUG 4
MEMORANDUM
TO:
William E. Timmons
Assistant to the President
FROM:
Paul N. Carlin Paul
SUBJECT:
Coordination of Legislative Programs --
Request for status of major legislation
On April 24, 1969, President Nixon requested the Congress
to raise first class postage rates to 7¢, and to increase
second and third class postage rates by 12% and 16%
respectively. Legislation to implement this request was
then introduced in the House of Representatives as H. R. 10877
on May 5, 1969, by Congressman Glenn Cunningham (R-Nebr)
and five (5) other Congressmen as a part of a rate increase-
pornography control package. Hearings on proposed rate
increases were conducted over a period of several months
by the House PO&CS Subcommittee on Rates, chaired by
Congressman Arnold Olsen (D-Mont). This legislation was
never introduced in the Senate.
On April 16, 1970, in his message to the Congress urging
enactment of postal reorganization and pay legislation,
President Nixon called for an increase in postal rates SO
as to bring postal expenditures into balance with postal
revenues. The President recommended the following rate
schedules: (a) increase first class postage to 8¢; (b) increase
second class postage by 50%; (c) increase third class postage
by 33-1/3%. This proposal has never been given legislative form.
There appears to be no chance of passing postal rate increases
during this session of Congress. Election year politics have
traditionally precluded any chance of increasing postal rates.
For this reason, the Administration's postal reform proposal
endeavors to overcome this obstacle by endowing the Post-
master General with interim rate-making power. The report
signed by the House-Senate confere provides the Postmaster
General with this authority.
Reproduced at the Richard Nixon Presidential Library
Page 2
Also in May 1969, President Nixon called for comprehensive
reform of the Nation's postal system. In June 1970, both
the House and the Senate approved legislation which would
accomplish this end. The House-Senate conference on HR 17070
began on July 14, and on July 30 the conference resolved the
disagreements between the two bills. The conference report
was signed by all but one of the conferees. Congressman
Thaddeus J. Dulski (D-NY), Chairman of the House PO&CS
Committee, announced that the Senate will act on the conference
report first.
Reproduced at the Richard Nixon Presidential Library
Post office
March 19, 1971
MEMORANDUM FOR:
PAUL CARLIN
FROM:
WILLIAM E. TIMMONS
SUBJECT:
Congressional Relations
I have received a great deal of complaints from loyal
Republican Members of the House recently over new pro-
cedures in the Post Office Department.
From the numerous complaints I have received, the
Department allegedly:
-- does not notify Members of postmaster appointments
or new construction in their congressional district.
-- does not provide biographical material to Members
for new postmasters chosen in their districts.
-- does not permit direct contact between a Member
and a postmaster on official business.
I fear the department's policies are poisoning the well
for other, non-related, legislation. We frequently
have to win votes on sheer loyalty rather than the merits
of a particular issue, and GOP Members often cite help-
fulness is a two way street. I think most Members now
agree that Postmaster appointments should best reside
in the Department or new Postal Service. They do, however,
want to be accorded certain courtesies.
Paul, If the heat rises much more I fear we could witness
legislation rescinding last year's postal reform act and
having Congress exercise control over all departmental
affairs. Already, there are a number of Congressmen who
would welcome this move, especially mome on the House
and Senate Committees.
Is there anything you can do to ease up on the
restrictions so Members will at least be informed?
Reproduced at the Richard Nixon Presidential Library
THE WHITE HOUSE
WASHINGTON
P.O. Report
Beverly called with the following report
On March 16th, the Honorable Charles J. Carney
D-Ohio introduced legislation H.R. 6120 to permit
certain recommendations with respect to officers
and employees of the postal service to be made by
members of Congress on their own initiative or
at the request of the Postal Service for the officer,
employee, or other persons concerned.
On March 18th, the Postmaster General will host
a breakfast for Members of the House PO Appropriations
Subcommittee.
BAB
Reproduced at the Richard Nixon Presidential Library
P.O.report P.O. 3/9/71
THE WHITE house
washington
On March 8 the Honorable J. J. Pickle
(D-Tex) introduced HR 5703 to amend
the Postal Reorganization Act, and to
provide that proposed changes in postal
rates and classes shall be submitted to
Congress and shall be ineffective if
either House disapproves such changes
by 3/5 vote, to repeal the authorization
for temporary postal rates and classes,
and for other purposes.
Reproduced at the Richard Nixon Presidential Library
THE WHITE HOUSE
WASHINGTON
3/1/71
Post Office
Beverly Ostema in the Postmaster
General's Office (961-8333)
called with the following report:
1. The House Appropriations
Subcommittee on Treasury and Post
Office will begin hearings on the
FY 1972 budget request on Wednesday,
March 3rd.
2. The Postmaster General is expected
to appear before the House Post Office
and Civil Service Committee on Thursday
March 11th.
Reproduced at the Richard Nixon Presidential Library
February 24, 1971
Mr. Casselman:
Beverly Ostema in the Postmaster General's Office (961-8333)
called with the following report:
On Tuesday, February 24th, the Board of Governors of the
U.S. Postal Service adopted Resolutions activating Section
1001 and 1002 of the Postal Reorganization Act of 1970.
Section 1001 deals with the appointment and status of
employees of the U.S. Postal Service. In this action,
the Board eliminated or reduced local residency require-
ments for Postmasters.
Section 1002 prohibits political recommendations for
employment or promotion in the U. S. Postal Service.
The Democratic Caucus of the House Post Office and Civil
Service Committee today approved the following Sub-
committees and names Sub-committee Chairmen:
1. The Subcommittee on Investigation - Thaddeus J. Dulski
2. The Subcommittee on Postal Service- Morris K. Udall
3. Subcommittee on Manpower and Civil Service - David Henderson
4. Subcommittee on Employee Benefits - James M. Hanley
5. Subcommittee on Retirement, Insurance and Health
Benefits - Jerome R. Waldie
6. Subcommittee on Postal Facilities and Mail-Robert N. C. Nix
7. Subcommittee on Census and Statistics - Charles H. Wilson
BAB
BAB - we should leve a
cary s ctin responsion
Coll Postal service-
Pure Carlin
called
office
caren25/30b
Reproduced at the Richard Nixon Presidential Library
Ostema
Beverly inXRXOX Post Master's Office
961-8333
Congressional Lia.
two items:
On Tuesday, Feb. 24th, the Board of Governors of the
U.S. Postal Service adopted Resolutions activiting
Section 1001 x 1002 of the Postal Reorganization
Act of 1970.
Section 1001 deals with the appointment and status
of employes of the U.S. Postal Service
In this action, the Board eliminated or reduced
local residency req. for postmasters.
Section 1002 prohibits of political recommendations
for employment XN or promotion in the U. S. Postal
Service.
The Democratic cacus of the x House Post & CSCommittee
today approved the following sub-committees and named
sub-committee chairman.
1. The Sub-committee on Investigation- Thedus J. Dwski
on Postal Service-Morris Udall
Manpower and Civil Service-David Henderson
Employee Benefits-James Hanley-N.Y.
Retirement, Insurance and Health Benefits-Jerome Waldie
Postal Facilities and Mail-Robert M N. C. Nix
XCensus and Statistics-Charles Wilson
Reproduced at the Richard Nixon Presidential Library
THE WHITE HOUSE
Mr. Casselman:
WASHINGTON
Beverly Ostema in the Postmaster General's Office (961-8333)
called with the following report:
On Tuesday, February 24th, the Board of Governors of the
U.S. Postal Service adopted Resolutions activiting Section
1001 and 1002 of the Postal Reorganization Act of 1970.
Section 1001 deals with the appointment and status of
employees of the U.S. Postal Service. In this action,
the Board eliminated or reduced local residency require-
ments for Postmasters.
Section 1002 prohibits political recommendations for
employment or promotion in the U. S. Postal Service.
The Democratic Causus of the House Post Office and Civil
Service Committee today approved the following Sub-
committees and names Sub-committee Chairmen:
1. The Subcommittee on Investigation - Thaddeus J. Dulski
2. The Subcommittee on Postal Service- Morris K. Udall
3. Subcommittee on Manpower and Civil Service - David Henderson
4. Subcommittee on Employee Benefits - James M. Hanley
5. Subcommittee on Retirement, Insurance and Health
Benefits - Jerome R. Waldie
6. Subcommittee on Postal Facilities and Mail-Robert N. C. Nix
7. Subcommittee on Census and Statistics - Charles H. Wilson
Reproduced at the Richard Nixon Presidential Library
3/2/71
931-
8333
Beverly at Post Office called with the following report.
The following Democratic assignments were made for the Subcommittees
of the House Post Office and Civil Service Committee.
Republican Assignments are expected to be made late this afternoon
or early tomorrow morning.
The full committee is expected to approve the assignments at tomorrow's
meeting.
Investigations
Manpower and Civil Service
Dulski-Chairman
Daniels
Henderson, Chairman
Hamilton
White
Purcell
Ford
Henderson
Beville
Chappe11
Postal Service
Chairman, Mr. Udall
Postal Facilities & Main
Ford
Nix, Chairman
Nix
Purcell
Waldie
Henderson
Hamilton
Handley
Beville
Employee Benefits
Hanley, Chairman
Census and Statistics
Brasco
Chairman, Wilson
Udall
Beville
Wilson
Handley
White
Chappe11
Udall
Retirement, Insurance, and Health Benefits
Chairman, Waldie
Chappe11
White
Brasco
Daniels
Reproduced at the Richard Nixon Presidential Library
OFFICE OF THE
POSTMASTER GENERAL
Memorandum
3/1
Beverly Barrack,
Per our conversation this afternoon,
attached is a copy of the Postal
Reorganization Act which contains
sections 1001 and 1002
Beverly Ostema
Reproduced at the Richard Nixon Presidential Library
Public Law 91-375
91st Congress, H. R. 17070
August 12, 1970
An Act
84 STAT. 719
To improve and modernize the postal service, to reorganize the Post Office
Department. and for other purposes.
Be it enacted by the Senate and House of Representatives of the
/ nited States of America in Congress assembled. That this Act may Postal Reorgani-
be cited as the "Postal Reorganization Act"
zation Act.
UNITED STATES POSTAL SERVICE
SEC 2. Title 39, United States Code, is revised and reenacted, and 74 Stat. 578.
the sections thereof may be cited as "39 U.S.C. §
as follows.
"TITLE 39-POSTAL SERVICE
Part
Sec.
"1. GENERAL
101
"II. PERSONNEL
1001
"III. MODERNIZATION AND FISCAL ADMINISTRATION
2001
IV. MAIL MATTER
3001
"I" TRANSPORTATION OF MAIL
5001
"PART I-GENERAL
CHAPTER
Sec.
"1. POSTAL POLICY AND DEFINITIONS
101
""2. ORGANIZATION
201
"+. GENERAL AUTHORITY
401
"6. PRIVATE (ARRIAGE OF LETTERS
601
"Chapter 1.-POSTAL POLICY AND DEFINITIONS
"Sec.
"101. Postal policy.
102. Definitions.
"§ 101. Postal policy
"(a) The United States Postal Service shall be operated as a basic
and fundamental service provided to the people by the Government
of the United States, authorized by the Constitution, created by Act
of Congress, and supported by the people. The Postal Service shall
have as its basic function the obligation to provide postal services to
bind the Nation together through the personal, educational, literary,
and business correspondence of the people. It shall provide prompt,
reliable, and efficient services to patrons in all areas and shall render
postal services to all communities. The costs of establishing and main-
taining the Postal Service shall not be apportioned to impair the over-
all value of such service to the people.
(b) The Postal Service shall provide a maximum degree of effec-
tive and regular postal services to rural areas, communities, and small
towns where post offices are not self-sustaining. No small post office
shall be closed solely for operating at a deficit, it being the specific
intent of the Congress that effective postal services be insured to
residents of both urban and rural communities.
(c) As an employer, the Postal Service shall achieve and main-
tain compensation for its officers and employees comparable to the
rates and types of compensation paid in the private sector of the
economy of the United States. It shall place particular emphasis upon
opportunities for career advancements of all officers and employees
and the achievement of worthwhile and satisfying careers in the
service of the United States.
(d) Postal rates shall be established to apportion the costs of all
postal operations to all users of the mail on a fair and equitable basis.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
2
August 12, 1970
August 12, 1970
3
Pub. Law 91-375
-
-
84 STAT. 721
84 STAT. 720
" e) In determining all policies for postal services, the Postal
"(b) The terms of the 9 Governors shall be 9 years, except that the Term of
Service shall give the highest consideration to the requirement for
terms of the 9 Governors first taking office shall expire as designated by office.
the most expeditious collection, transportation, and delivery of im-
the President at the time of appointment, 1 at the end of 1 year, 1 at
portant mail.
the end of 2 years, 1 at the end of 3 years, 1 at the end of 4 years, 1 at the
(f) In selecting modes of transportation, the Postal Service shall
end of 5 years, 1 at the end of 6 years, 1 at the end of 7 years, 1 at the
give highest consideration to the prompt and economical delivery of
end of 8 years, and 1 at the end of 9 years, following the appointment
all mail and shall make a fair and equitable distribution of mail busi-
of the first of them. Any Governor appointed to fill a vacancy before
ness to carriers providing similar modes of transportation services to
the expiration of the term for which his predecessor was appointed
the Postal Service. Modern methods of transporting mail by con-
shall serve for the remainder of such term.
tainerization and programs designed to achieve overnight transporta-
(c) The Governors shall appoint and shall have the power to
Postmaster
tion to the destination of important letter mail to all parts of the
remove the Postmaster General, who shall be a voting member of the
General, appoint-
Nation shall be a primary goal of postal operations.
Board. His pay and term of service shall be fixed by the Governors.
ment, etc.
"(g) In planning and building new postal facilities, the Postal
(d) The Governors and the Postmaster General shall appoint
Service shall emphasize the need for facilities and equipment de-
and shall have the power to remove the Deputy Postmaster General,
signed to create desirable working conditions for its officers and em-
who shall be a voting member of the Board. His term of service shall
ployees, a maximum degree of convenience for efficient postal services,
be fixed by the Governors and the Postmaster General and his pay by
proper access to existing and future air and surface transportation fa-
the Governors.
cilities, and control of costs to the Postal Service.
"§ 203. Postmaster General; Deputy Postmaster General
102. Definitions
"The chief executive officer of the Postal Service is the Postmaster
As used in this title
General appointed under section 202(c) of this title. The alternate
"(1) 'Postal Service means the United States Postal Service
chief executive officer of the Postal Service is the Deputy Postmaster
1006
established by section 201 of thistitle:
General appointed under section 202 (d) of this title.
(2 'Board of Governors', and 'Board', unless the context
204. Assistant Postmasters General; General Counsel; Judicial
of herwise requires, mean the Board of Governors established
Officer
LOT under section 202 of this title: and
(3) 'Governors' means the 9 members of the Board of Gov-
"There shall be within the Postal Service a General Counsel, such
number of Assistant Postmasters General as the Board shall consider
100 ernors appointed by the President by and with the advice and
consent of the Senate, under section 202(a) of this title.
appropriate, and a Judicial Officer. The General Counsel, the Assist-
ant Postmasters General, and the Judicial Officer shall be appointed
"Chapter 2.-ORGANIZATION
by, and serve at the pleasure of, the Postmaster General. The Judicial
"Sec.
Officer shall perform such quasi-judicial duties, not inconsistent with
"201. United States Postal Service.
chapter 36 of this title, as the Postmaster General may designate. The
Post, p. 758.
"202. Board of Governors.
Judicial Officer shall be the agency for the purposes of the require-
"203. Postmaster General Deputy Postmaster General.
ments of chapter 5 of title 5, to the extent that functions are delegated
80 Stat. 380;
"204. Assistant Postmasters General: General Connsel: Judicial Officer.
"205. Procedures of the Board of Governors.
to him by the Postmaster General.
81 Stat. 195.
5 USC 500
"206. Advisory Council.
"§ 205. Procedures of the Board of Governors
7207 Seal.
et seq.
"208. Reservation of powers.
"(a) The Board shall direct and control the expenditures and re-
Policy review.
201. United States Postal Service
view the practices and policies of the Postal Service, and perform
other functions and duties prescribed by this title.
"There is established, as an independent establishment of the ex-
"(b Vacancies in the Board, as long as there are sufficient members
ecutive branch of the Government of the United States, the United
to form a quorum, shall not impair the powers of the Board under
States Postal Service.
this
202. Board of Governors
·(c) The Board shall act upon majority vote of those members Majority vote;
a The exercise of the power of the Postal Service shall be
who are present, and any 6 members present shall constitute a quorum
quorum, ex-
directed by a Board of Governors composed of 11 members appointed
for the transaction of business by the Board, except-
ceptions.
in accordance with this section. Nine of the members, to be known
"(1) that in the appointment or removal of the Postmaster Gen-
as Governors, shall be appointed by the President, by and with the
eral, and in setting the compensation of the Postmaster General
advice and consent of the Senate, not more than 5 of whom may
and Deputy Postmaster General, a favorable vote of an absolute
be adherents of the same political party. The Governors shall elect
majority of the Governors in office shall be required:
a Chairman from among the members of the Board. The Governors
(2) that in the appointment or removal of the Deputy Post-
shall be chosen to represent the public interest generally, and shall
master General, a favorable vote of an absolute majority of the
not be representatives of specific interests using the Postal Service,
Governors in office and the member serving as Postmaster Gen-
and may be removed only for cause. Each Governor shall receive a
eral shall be required and
salary of $10,000 a year plus $300 a day for not more than 30 days
"(3) otherwise provided in thistitle.
of meetings each year and shall be reimbursed for travel and rea-
(d) No officer or employee of the United States may serve concur-
sonable expenses incurred in attending meetings of the Board. Noth-
rently as a Governor. A Governor may hold any other office or employ-
ing in the preceding sentence shall be construed to limit the num-
ment not inconsistent or in conflict with his duties, responsibilities,
ber of days of meetings each year to 30 days.
and powers as an officer of the Government of the United States in
the Postal Service.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 4 -
August 12, 1970
84 STAT. 722
August 12, 1970
5 -
Pub. Law 91-375
"§ 206. Advisory Council
84 STAT. 723
Membership.
(a) There shall be a Postal Service Advisory Council of which the
Postmaster General shall be the Chairman and the Deputy Postmaster
(5) to acquire, in any lawful manner, such personal or real
General shall be the Vice Chairman. The Advisory Council shall have
property, or any interest therein, as it deems necessary or con-
venient in the transaction of its business; to hold, maintain, sell,
11 additional members appointed by the President. He shall appoint
lease, or otherwise dispose of such property or any interest there-
as such members (1) 4 persons from among persons nominated by
those labor organizations recognized as collective-bargaining repre-
in; and to provide services in connection therewith and charges
therefor;
sentatives for employees of the Postal Service in one or more collec-
tive-bargaining units, (2) 4 persons as representatives of major mail
"(6) to construct, operate, lease, and maintain buildings, facili-
ties, equipment, and other improvements on any property owned
users, and (3) 3 persons as representatives of the public at large. All
or controlled by it, including, without limitation, any property
members shall be appointed for terms of 2 years except that, of those
or interest therein transferred to it under section 2002 of this
first appointed, 2 of the members representative of labor organiza-
title;
Post, p. 738.
tions, 2 of the members representative of major postal users, and 1
"(7) to accept gifts or donations of services or property, real
member representing the public at large shall be appointed for 1 year.
or personal, as it deems, necessary or convenient in the transac-
Any member appointed to fill a vacancy occurring before the expira-
tion of its business;
tion of the term for which his predecessor was appointed shall serve
for the remainder of such term.
(8) to settle and compromise claims by or against it:
(9) to exercise, in the name of the United States, the right of
(b) The Postal Service shall consult with and receive the advice
eminent domain for the furtherance of its official purposes; and to
of the Advisory Council regarding all aspects of postal operations.
have the priority of the United States with respect to the payment
'(c) The members of the Council representative of the public at
of debts out of bankrupt, insolvent, and decedents' estates; and
large shall receive for each meeting of the Council an amount equal
(10) to have all other powers incidental, necessary, or appro-
to the daily rate applicable to level V of the Executive Schedule under
80 Stat. 463;
priate to the carrying on of its functions or the exercise of its spe-
section 5316 of title 5. All members of the Council shall be reimbursed
83 Stat. 864.
cific powers.
for necessary travel and reasonable expenses incurred in attending
meetings of the Council.
"§ 402. Delegation of authority
207. Seal
"Except for those powers, duties, or obligations specifically vested
in the Governors, as distinguished from the Board of Governors, the
"The seal of the Postal Service shall be filed by the Board in the
Board may delegate the authority vested in it to the Postmaster Gen-
Office of the Secretary of State, judicially noticed, affixed to all com-
eral under such terms, conditions, and limitations, including the power
missions of officers of the Postal Service, and used to authenticate rec-
ords of the Postal Service.
of redelegation, as it deems desirable. The Board may establish such
committees of the Board, and delegate such powers to any committee,
"§ 208. Reservation of powers
as the Board determines appropriate to carry out its functions and du-
"Congress reserves the power to alter, amend, or repeal any or all of
ties. Delegations to the Postmaster General or committees shall be con-
the sections of this title, but no such alteration, amendment, or repeal
sistent with other provisions of this title, shall not relieve the Board
shall impair the obligation of any contract made by the Postal Service
of full responsibility for the carrying out of its duties and functions,
under any power conferred by this title.
and shall be revocable by the Governors in their exclusive judgment.
"§ 403. General duties
"Chapter 4.-GENERAL AUTHORITY
"Sec.
(a) The Postal Service shall plan, develop, promote, and provide
"401. General powers of the Postal Service.
adequate and efficient postal services at fair and reasonable rates and
"402. Delegation of authority.
fees. Except as provided in the Canal Zone Code, the Postal Service
"403. General duties.
shall receive, transmit, and deliver throughout the United States, its
"404. Specific powers.
territories and possessions, and, pursuant to arrangements entered
"405. Printing of illustrations of United States postage stamps.
"406. Postal services at Armed Forces installations.
into under sections 406 and 411 of this title, throughout the world,
"407. International postal arrangements.
written and printed matter, parcels, and like materials and provide
"408. International money-order exchanges.
such other services incidental thereto as it finds appropriate to its
"409. Suits by and against the Postal Service.
"410. Application of other laws.
functions and in the public interest. The Postal Service shall serve
"411. Cooperation with other Government agencies.
as nearly as practicable the entire population of the United States.
"412. Nondisclosure of lists of names and addresses.
(b) It shall be the responsibility of the Postal Service-
401. General powers of the Postal Service
"(1) to maintain an efficient system of collection, sorting, and
delivery of the mail nationwide;
"The Postal Service shall have the following general powers:
(1) to sue and be sued in its official name;
"(2) to provide types of mail service to meet the needs of dif-
ferent categories of mail and mail users; and
(2) to adopt, amend, and repeal such rules and regulations as
(3) to establish and maintain postal facilities of such char-
it deems necessary to accomplish the objectives of this title;
acter and in such locations that postal patrons throughout the Na-
(3) to enter into and perform contracts, execute instruments,
and determine the character of, and necessity for, its expenditures;
tion will, consistent with reasonable economies of postal opera-
"(4) to determine and keep its own system of accounts and
tions, have ready access to essential postal services.
"(c) In providing services and in establishing classifications, rates,
the forms and contents of its contracts and other business docu-
and fees under this title, the Postal Service shall not, except as specif-
ments, except as otherwise provided in this title;
ically authorized in this title, make any undue or unreasonable dis-
crimination among users of the mails, nor shall it grant any undue or
unreasonable preferences to any such user.
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
August 12, 1970
7
Pub. Law 91-375
Pub. Law 91-375
-
84 STAT. 725
84 STAT. 724
(b) The Postal Service shall transmit a copy of each postal con-
404. Specific powers
vention concluded with other governments to the Secretary of State,
Without limitation of the generality of its powers, the Postal Serv-
who shall furnish a copy of the same to the Public Printer for
ice shall have the following specific powers, among others.
publication.
"(1) to provide for the collection, handling, transportation,
408. International money-order exchanges
delivery, forwarding, returning, and holding of mail, and for the
"The Postal Service may make arrangements with other govern-
disposition of undeliverable mail:
ments, with which postal conventions are or may be concluded, for the
(2) to prescribe, in accordance with this title, the amount of
exchange of sums of money by means of postal orders. It shall fix
postage and the manner in which it is to be paid:
limitations on the amount which may be SO exchanged and the rates
"(3) to determine the need for post offices, postal and training
of exchange.
facilities and equipment, and to provide such offices, facilities, and
"§ 409. Suits by and against the Postal Service
equipment as it determines are needed:
(4) to provide and sell postage stamps and other stamped
(a) Except as provided in section 3628 of this title, the United Post, p. 763.
paper, cards, and envelopes and to provide such other evidences
States district courts shall have original but not exclusive jurisdiction
of payment of postage and fees as may be necessary or desirable
over all actions brought by or against the Postal Service. Any action
(5) to provide philatelic services
brought in a State court to which the Postal Service is a party may be
(6) to provide, establish, change. or abolish special nonpostal
removed to the appropriate United States district court under the
provisions of chapter 89 of title 28.
62 Stat. 937.
or similar services:
"(b) Unless otherwise provided in this title, the provisions of title
28 USC 1441-
(7) to investigate postal offenses and civil matters relating to
28 relating to service of process, venue, and limitations of time for
1450.
the Postal Service:
"(8) to offer and pay rewards for information and services in
bringing action in suits in which the United States, its officers, or em-
connection with violations of the postal laws, and, unless a dif-
ployees are parties, and the rules of procedure adopted under title 28
ferent disposal is expressly prescribed, to pay one-half of all
for suits in which the United States, its officers, or employees are
penalties and forfeitures imposed for violations of law affecting
parties, shall apply in like manner to suits in which the Postal Service,
the Postal Service, its revenues, or property, to the person inform-
its officers, or employees are parties.
ing for the same, and to pay the other one-half into the Postal
(c) The provisions of chapter 171 and all other provisions of title
Service Fund: and
28 relating to tort claims shall apply to tort claims arising out of ac- 62 Stat 982;
(9) to authorize the issuance of a substitute check for a lost,
tivities of the Postal Service.
80 Stat. 306.
stolen, or destroyed check of the Postal Service.
(d) The Department of Justice shall furnish, under section 411 of 28 USC 2671-
thistitle, the Postal Service such legal representation as it may require, 2680.
405. Printing of illustrations of United States postage stamps
but with the prior consent of the Attorney General the Postal Service
"(a) When requested by the Postal Service, the Public Printer
may employ attorneys by contract or otherwise to conduct litigation
shall print, as a public document for sale by the Superintendent of
brought by or against the Postal Service or its officers or employees in
Documents, illustrations in black and white or in color of postage
matters affecting the Postal Service.
stamps of the United States. together with such descriptive, historical,
and philatelic information with regard to the stamps as the Postal
"§ 410. Application of other laws
Service deems suitable.
(a) Except as provided by subsection (b) of this section, and ex-
(b) Notwithstanding the provisions of section 505 of title ++, stere-
cept as otherwise provided in this title or insofar as such laws remain
82 Stat, 1244.
otype or electrotype plates, or duplicates thereof, used in the publica-
in force as rules or regulations of the Postal Service, no Federal law
tions authorized to be printed by this section may not be sold or other-
dealing with public or Federal contracts, property, works, officers,
employees, budgets, or funds, including the provisions of chapters
wise disposed of
5 and 7 of title 5, shall apply to the exercise of the powers of the 80 Stat. 380,
406. Postal services at Armed Forces installations
Postal Service.
392; 81 Stat.
(a) The Postal Service may establish branch post offices at camps.
"(b) The following provisions shall apply to the Postal Service:
195.
posts, bases, or stations of the Armed Forces and at defense or other
"(1) section 552 (public information), section 3333 and chap-
5 USC 500, 701.
strategic installations.
ters 71 (employee policies) and 73 (suitability, security, and con-
81 Stat. 54;
(b) The Secretaries of Defense and Transportation shall make ar-
duct of employees), and section 5532 (dual pay) of title 5, except
80 Stat. 424.
rangements with the Postal Service to perform postal services through
5 USC 7101,
that not regulation issued under such chapters or sections shall 7301.
personnel designated by them at or through branch post offices estab-
apply to the Postal Service unless expressly made applicable;
lished under subsection (a) of this section.
(2) all provisions of title 18 dealing with the Postal Service, 62 Stat. 683.
407. International postal arrangements
the mails, and officers or employees of the Government of the 18 USC 1.
(a) The Postal Service, with the consent of the President, may
United States;
negotiate and conclude postal treaties or conventions, and may establish
(3) section 107 of title 20 (known as the Randolph-Sheppard
the rates of postage or other charges on mail matter conveyed between
Act, relating to vending machines operated by the blind)
68 Stat. 663.
the United States and other countries. The decisions of the Postal
"(4) the following provisions of title 40:
Service construing or interpreting the provisions of any treaty or
(A) sections 258a-258e (relating to condemnation pro- 46 Stat. 1421.
convention which has been or may be negotiated and concluded shall.
ceedings)
if approved by the President, be conclusive upon all officers of the
(B) sections 270a-270e (known as the Miller Act, relating 49 Stat. 793;
to performance bonds)
Government of the United States.
73 Stat. 279.
Hade
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 8 -
August 12, 1970
August 12, 1970
019
Pub. Law 91-375
84 STAT. 726
84 STAT. 727
'(C') sections 276a-276a-7 (known as the Davis-Bacon
412. Nondisclosure of lists of names and addresses
49 Stat. 1011;
Act, relating to prevailing wages)
"Except as specifically provided by law, no officer or employee of
55 Stat. 49.
(D) section 276c relating to wage payments of certain
the Postal Service shall make available to the public by any means
63 Stat. 108.
contractors);
or for any purpose any mailing or other list of names or addresses
(E) chapter 5 (the Contract Work Hours Standards
(past or present) of postal patrons or other persons.
76 Stat. 357;
Act) and
83 Stat. 96.
"(F) chapter 15 the Government Losses in Shipment
"Chapter 6.-PRIVATE CARRIAGE OF LETTERS
50 Stat. 479.
Act);
"Sec.
40 USC 721.
(5) the following provisions of title 41:
"601. Letters carried out of the mail.
49 Stat. 2036.
"(A) sections 35-45 (known as the Walsh-Healey Act,
"602. Foreign letters out of the mails.
"603. Searches authorized.
relating to wages and hours) and
"604. Seizing and detaining letters.
79 Stat. 1034.
(B) chapter 6 (the Service Contract Act of 1965) and
"605. Searching vessels for letters.
41 USC 351.
(6) sections 2000d, 2000d-1-200d-4 of title 42 (title VI, the
"606. Disposition of seized mail.
78 Stat. 252.
Civil Rights Act of 1964).
601. Letters carried out of the mail
c) Subsection (b) (1) of this section shall not require the dis-
(a) A letter may be carried out of the mails when-
closure of-
(1) it is enclosed in an envelope;
(1) the name or address, past or present, of any postal patron:
"(2) the amount of postage which would have been charged on
"(2) information of a commercial nature, including trade
the letter if it had been sent by mail is paid by stamps, or postage
secrets, whether or not obtained from a person outside the Postal
meter stamps, on the envelope;
Service, which under good business practice would not be publicly
"(3) the envelope is properly addressed;
disclosed;
(4) the envelope is SO sealed that the letter cannot be taken
"(3) information prepared for use in connection with the nego-
from it without defacing the envelope;
tiation of collective-bargaining agreements under chapter 12 of
(5) any stamps on the envelope are canceled in ink by the
Post, p. 733.
this title or minutes of, or notes kept during, negotiating sessions
sender; and
conducted under such chapter;
(6) the date of the letter, of its transmission or receipt by the
"(+) information prepared for use in connection with proceed-
carrier is endorsed on the envelope in ink.
Post, p. 758.
ings under chapter 36 of this title;
(b) The Postal Service may suspend the operation of any part
(5) the reports and memoranda of consultants or independent
of this section upon any mail route where the public interest requires
contractors except to the extent that they would be required to be
the suspension.
disclosed if prepared within the Postal Service; and
"(6) investigatory files, whether or not considered closed, com-
"§ 602. Foreign letters out of the mails
piled for law enforcement purposes except to the extent available
"(a) Except as provided in section 601 of this title, the master of a
by law to a party other than the Postal Service.
vessel departing from the United States for foreign ports may not
(d) (1) A lease agreement by the Postal Service for rent of net
receive on board or transport any letter which originated in the
interior space in excess of 6,500 square feet in any building or facility,
United States that-
or part of a building or facility, to be occupied for purposes of the
(1) has not been regularly received from a United States post
Postal Service shall include a provision that all laborers and me-
office; or
chanics employed in the construction, modification, alteration, repair,
"(2) does not relate to the cargo of the vessel.
painting, decoration, or other improvement of the building or space
'(b) The officer of the port empowered to grant clearances shall
covered by the agreement, or improvement at the site of such build-
require from the master of such a vessel, as a condition of clearance,
ing or facility, shall be paid wages at not less than those prevailing
an oath that he does not have under his care or control, and will not
for similar work in the locality as determined by the Secretary of
receive or transport, any letter contrary to the provisions of this
Labor under section 276a of title 40.
section.
(2) The authority and functions of the Secretary of Labor with re-
(c Except as provided in section 1699 of title 18, the master of a 62 Stat 777;
spect to labor standards enforcement under Reorganization Plan Num-
vessel arriving at a port of the United States carrying letters not 66 Stat. 325.
64 Stat. 1267.
bered 14 of 1950 (title 5, appendix), and regulations for contractors
regularly in the mails shall deposit them in the post office at the port
and subcontractors under section 276c of title 40, shall apply to the
of arrival.
work under paragraph (1) of this subsection.
"§ 603. Searches authorized
(3) Paragraph (2) of this subsection shall not be construed to
give the Secretary of Labor authority to direct the cancellation of the
"The Postal Service may authorize any officer or employee of the
lease agreement referred to in paragraph (1) of this subsection.
Postal Service to make searches for mail matter transported in viola-
tion of law When the authorized officer has reason to believe that mail-
"§ 411. Cooperation with other Government agencies
able matter transported contrary to law may be found therein, he may
80 Stat. 379.
"Executive agencies within the meaning of section 105 of title 5
open and search any-
and the Government Printing Office are authorized to furnish prop-
"(1) vehicle passing, or having lately passed, from a place at
erty, both real and personal, and personal and nonpersonal services to
which there is a post office of the United States;
the Postal Service, and the Postal Service is authorized to furnish
"(2) article being, or having lately been, in the vehicle; or
property and services to them. The furnishing of property and serv-
(3) store or office, other than a dwelling house, used or oc-
ices under this section shall be under such terms and conditions, in-
cupied by a common carrier or transportation company, in which
cluding reimbursability, as the Postal Service and the head of the
an article may be contained.
agency concerned shall deem appropriate.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 10 -
August 12, 1970
August 12, 1970
-S11- -
Pub. Law 91-375
84 STAT. 729
84 STAT. 728
"§ 604. Seizing and detaining letters
opportunity for a hearing on adverse actions, with representatives
of their own choosing.
"An officer or employee of the Postal Service performing duties re-
"(c) The Postal Service may hire individuals as executives under
lated to the inspection of postal matters, a customs officer, or United
employment contracts for periods not in excess of 5 years. Notwith-
States marshal or his deputy, may seize at any time, letters and bags,
standing any such contract, the Postal Service may at its discretion
packets, or parcels containing letters which are being carried contrary
and at any time remove any such individual without prejudice to his
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
contract rights.
"(d) Notwithstanding section 5533, 5535, or 5536 of title 5, or any
80 Stat 483,
post office, or, by direction of the Postal Service or the Secretary of
other provision of law, any officer or employee of the Government of
484.
the Treasury, he may detain them until 2 months after the final de-
the United States is eligible to serve and receive pay concurrently as
termination of all suits and proceedings which may be brought within
an officer or employee of the Postal Service (other than as a member
6 months after the seizure against any person for sending or carrying
of the Board or of the Postal Rate Commission) and as an officer or
the letters.
employee of any other department, agency, or establishment of the
"§ 605. Searching vessels for letters
Government of the United States.
"An officer or employee of the Postal Service performing duties
(e) The Postal Service shall have the right, consistent with section
related to the inspection of postal matters, when instructed by the
1003 and chapter 12 of this title and applicable laws, regulations, and
Post,
p.
733.
Postal Service to make examinations and seizures, and any customs
collective-bargaining agreements-
officer without special instructions shall search vessels for letters which
"(1) to direct officers and employees of the Postal Service in the
may be on board, or which may have been conveyed contrary to law
performance of official duties;
606. Disposition of seized mail
"(2) to hire, promote, transfer, assign, and retain officers and
employees in positions within the Postal Service, and to suspend,
"Every package or parcel seized by an officer or employee of the
demote, discharge, or take other disciplinary action against such
Postal Service performing duties related to the inspection of postal
officers and employees;
matters, a customs officer, or United States marshal or his deputies,
"(3) to relieve officers and employees from duties because of
in which a letter is unlawfully concealed, shall be forfeited to the
lack of work or for other legitimate reasons;
United States. The same proceedings may be used to enforce forfei-
(4) to maintain the efficiency of the operations rusted to it
tures as are authorized in respect of goods, wares, and merchandise
"(5) to determine the methods. means, and personnel by which
forfeited for violation of the revenue laws. Laws for the benefit and
such operations are to be conducted;
protection of customs officers making seizures for violating revenue
"(6) to prescribe a uniform dress to be worn by letter carriers
laws apply to officers and employees making seizures for violating
and other designated employees; and
the postal laws.
(7) to take whatever actions may be necessary to carry out its
"PART II-PERSONNEL
"CHAPTER
Sec.
mission in emergency situations.
"10. EMPLOYMENT WITHIN THE POSTAL SERVICE
1001
"§ 1002. Political recommendations
"12. EMPLOYEE-MANAGEMENT AGREEMENTS
1201
(a) Except as provided in subsection (e) of this section, each
"Chapter 10.-EMPLOYMENT WITHIN THE POSTAL
appointment, promotion, assignment, transfer, or designation. interim
SERVICE
or otherwise, of an officer or employee in the Postal Service (except a
"Sec.
Governor or member of the Postal Rate Commission) shall be made
"1001. Appointment and status.
without regard to any recommendation or statement, oral or written,
"1002. Political recommendations.
with respect to any person who requests or is under consideration for
"1003. Employment policy.
such appointment, promotion, assignment, transfer, or designation,
"1004. Supervisory and other managerial organizations.
"1005. Applicability of laws relating to Federal employees.
made by-
"1006. Right of transfer.
(1) any Member of the Senate or House of Representatives
"1007 Seniority for employees in rural service.
(including the Resident Commissioner from Puerto Rico)
"1008. Temporary employees or carriers.
(2) any elected official of the government of any State (includ-
"1009. Personnel not to receive fees.
"1010. Administration of oaths related to postal inspection matters.
ing the Commonwealth of Puerto Rico) or of any county, city, or
"1011. Oath of office.
other political subdivision of such State or Commonwealth:
"§ 1001. Appointment and status
(3) any official of a national political party or of a political
party of any State (including the Commonwealth of Puerto
(a) Except as otherwise provided in this title, the Postal Service
Rico), county, city, or other subdivision of such State or Common-
shall appoint all officers and employees of the Postal Service.
wealth; or
(b) Officers and employees of the Postal Service (other than those
"(4) any other individual or organization.
individuals appointed under sections 202, 204, and 1001(c) of this
"(b) Except as provided in subsection (e) of this section, a person
Ante, pp. 720,
title) shall be in the postal career service, which shall be a part of the
or organization referred to in clause (1), (2), (3), or (4) of subsection
721.
civil service. Such appointments and promotions shall be in accord-
(a) of this section is prohibited from making or transmitting to the
ance with the procedures established by the Postal Service. The Postal
Postal Service, or to any other officer or employee of the Government
Service shall establish procedures, in accordance with this title, to as-
of the United States, any recommendation or statement, oral or
sure its officers and employees meaningful opportunities for promo-
written, with respect to any person who requests or is under considera-
tion and career development and to assure its officers and employees
tion for any such appointment, promotion, assignment, transfer, or
full protection of their employment rights by guaranteeing them an
designation. The Postal Service and any officer or employee of the
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 12 -
August 12, 1970
84 STAT. 730
August 12, 1970
- 13 -
Pub. Law 91-375
Government of the United States, subject to subsection (e) of this
84 STAT. 731
section-
"(1) shall not solicit, request, consider, or accept any such
officer or employee shall be paid compensation at a rate in excess of
recommendation or statement; and
the rate for level I of the Executive Schedule under section 5312
"(2) shall return any such written recommendation or state-
of title 5.
80 Stat. 460;
ment received by him, appropriately marked as in violation of
"(b) The Postal Service shall follow an employment policy de-
83 Stat. 864.
this section, to the person or organization making or transmitting
signed, without compromising the policy of section 101 (a) of this
the same.
title, to extend opportunity to the disadvantaged and the handicapped.
(c) A person who requests or is under consideration for any such
1004. Supervisory and other managerial organizations
appointment, promotion, assignment, transfer, or designation is pro-
hibited from requesting or soliciting any such recommendation or
"(a) It shall be the policy of the Postal Service to provide compen-
statement from any person or organization except a statement of the
sation, working conditions, and career opportunities that will assure
type referred to in subsection (e) (2) of this section.
the attraction and retention of qualified and capable supervisory and
(d) Each employment form of the Postal Service used in connec-
other managerial personnel; to provide adequate and reasonable differ-
tion with any such appointment, promotion, assignment, transfer, or
entials in rates of pay between employees in the clerk and carrier
designation shall contain appropriate language in boldface type in-
grades in the line work force and supervisory and other managerial
forming all persons concerned of the provisions of this section. During
personnel; to establish and maintain continuously a program for all
the time any such appointment, promotion, assignment, transfer, or
such personnel that reflects the essential importance of a well-trained
designation is under consideration. appropriate notice of the provisions
and well-motivated force to improve the effectiveness of postal opera-
of this section printed in boldface type shall be posted in the post office
tions; and to promote the leadership status of such personnel with
concerned.
respect to rank-and-file employees. recognizing that the role of such
"(e) The Postal Service or any authorized officer or employee of the
personnel in primary level management is particularly vital to the
Government of the United States may solicit, accept, and consider, and
rocess of converting general postal policies into successful postal
any other individual or organization may furnish or transmit to the
operations.
Postal Service or such authorized officer or employee, any statement
(b) The Postal Service shall provide a program for consultation
with respect to a person who requests or is under consideration for
with recognized organizations of supervisory and other managerial
such appointment. promotion, assignment, transfer, or designation,
personnel who are not subject to collective-bargaining agreements
if-
under chapter 12 of this title. Upon presentation of evidence satis- Post, P. 733.
"(1) the statement is furnished pursuant to a request or re-
factory to the Postal Service that a supervisory organization repre-
quirement of the Postal Service and consists solely of an evalua-
sents a majority of supervisors, or that a managerial organization
tion of the work performance, ability, aptitude, and general quali-
(other than an organization representing supervisors) represents a
fications of such person;
substantial percentage of managerial employees, such organization
"(2) the statement relates solely to the character and residence
or organizations shall be entitled to participate directly in the plan-
of such person;
ning and development of pay policies and schedules, fringe benefit
"(3) the statement is furnished pursuant to a request made by
programs, and other programs relating to supervisory and other man-
an authorized representative of the Government of the United
agerial employees.
States solely in order to determine whether such person meets
1005. Applicability of laws relating to Federal employees
the loyalty, suitability, and character requirements for employ-
"(a (1) Except as otherwise provided in this subsection, the pro-
ment with the Government of the United States; or
visions of chapter 75 of title 5 shall apply to officers and employees
80 Stat. 527.
"(4) the statement is furnished by a former employer of such
of the Postal Service except to the extent of any inconsistency with-
5 USC 7501
person pursuant to a request of the Postal Service, and consists
"(A) the provisions of any collective-bargaining agreement
et seq.
solely of an evaluation of the work performance, ability, aptitude,
negotiated on behalf of and applicable to them; or
and general qualifications of such person during his employment
(B) procedures established by the Postal Service and approved
with such former employer.
by the Civil Service Commission.
(f) The Postal Service shall take any action it determines neces-
"(2) The provisions of title 5 relating to a preference eligible (as
sary and proper, including but not limited to suspension, removal from
that term is defined under section 2108(3) of such title) shall apply to
80 Stat. 410;
office, or disqualification from the Postal Service, to enforce the provi-
an applicant for appointment and any officer or employee of the 81 Stat. 196.
sions of this section.
Postal Service in the same manner and under the same conditions as if
"(g) The provisions of this section shall not affect the right of an
the applicant, officer, or employee were subject to the competitive serv-
officer or employee of the Postal Service to petition Congress as au-
ice under such title. The provisions of this paragraph shall not be
80 Stat. 523.
thorized by section 7102 of title 5.
modified by any program developed under section 1004 of this title or
1003. Employment policy
any collective-bargaining agreement entered into under chapter 12 of
this title.
Ante, p. 720.
"(a) Except as provided under chapters 2 and 12 of this title or
Post, p. 733.
other provision of law, the Postal Service shall classify and
"(3) The provisions of this subsection shall not apply to those indi-
fix the compensation and benefits of all officers and employees in the
viduals appointed under sections 202. 204, and 1001 (c) of this title.
Postal Service. It shall be the policy of the Postal Service to main-
"(b) Section 5941 of title 5 shall apply to the Postal Service. For 80 Stat. 512.
tain compensation and benefits for all officers and employees on a
purposes of such section, the pay of officers and employees of the
standard of comparability to the compensation and benefits paid for
Postal Service shall be considered to be fixed by statute, and the basic
comparable levels of work in the private sector of the economy. No
pay of an employee shall be the pay (but not any allowance or benefit)
of that officer or employee established in accordance with the provi-
sions of this title.
49-091 O 70 2
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
15 -
Pub. Law 91-375
Pub. Law 91-375
14
August 12, 1970
84 STAT. 733
84 STAT. 732
chapter 83 of title 18 to the same extent as other employees of the 62 Stat. 776.
(c) Officers and employees of the Postal Service shall be covered
Postal Service.
80 Stat. 532.
by subchapter I of chapter 81 of title 5, relating to compensation for
'(b) Any person, when engaged in carrying mail under contract
5 USC 8101.
work injuries.
with the Postal Service, or employed by the Postal Service, is deemed
(d) Officers and employees of the Postal Service (other than the
a carrier or person entrusted with the mail and having custody thereof,
80 Stat. 556;
Governors) shall be covered by chapter 83 of title 5 relating to civil
within the meaning of sections 1701, 1708, and 2114 of title 18.
83 Stat. 136.
service retirement. The Postal Service shall withhold from pay and
1009. Personnel not to receive fees
5 USC 8301.
shall pay into the Civil Service Retirement and Disability Fund the
amounts specified in such chapter. The Postal Service, upon request
"An officer or employee of the Postal Service may not receive any
of the Civil Service Commission. but not less frequently than annu-
fee or perquisite from a patron of the Postal Service on account of
ally, shall pay to the Civil Service Commission the costs reasonably
the duties performed by virtue of his appointment, except as au-
related to the administration of Fund activities for officers and em-
thorized by law.
ployees of the Postal Service.
"§ 1010. Administration of oaths related to postal inspection
(e) Sick and annual leave, and compensatory time of officers and
matters
employees of the Postal Service, whether accrued prior to or after
"Officers and employees of the Postal Service performing duties
commencement of operations of the Postal Service, shall be obligations
related to the inspection of postal matters may administer oaths
of the Postal Service under the provisions of this chapter.
required or authorized by law or regulation with respect to any
(f) Compensation, benefits, and other terms and conditions of
matter coming before them in the performance of their official duties.
employment in effect immediately prior to the effective date of this
section, whether provided by statute or by rules and regulations of
"§ 1011. Oath of office
the former Post Office Department or the executive branch of the
Before entering upon their duties and before receiving any salary,
Government of the United States, shall continue to apply to officers
all officers and employees of the Postal Service shall take and subscribe
and employees of the Postal Service, until changed by the Postal Serv-
the following oath or affirmation:
ice in accordance with this chapter and chapter 12 of this title. Sub-
'I,
do solemnly swear (or affirm) that I will
ject to the provisions of this chapter and chapter 12 of this title, the
support and defend the Constitution of the United States against
provisions of subchapter I of chapter 85 and chapters 87 and 89 of
all enemies, foreign and domestic; that I will bear true faith and
5 USC 8501,
title 5 shall apply to officers and employees of the Postal Service,
allegiance to the same: that I take this obligation freely, without
8701, 8901.
unless varied, added to, or substituted for, under this subsection. No
any mental reservation or purpose of evasion; and that I will
variation, addition, or substitution with respect to fringe benefits shall
well and faithfully discharge the duties of the office on which I
result in a program of fringe benefits which on the whole is less favor-
about to enter.'
able to the officers and employees than fringe benefits in effect on the
1 person authorized to administer oaths by the laws of the United
effective date of this section, and as to officers and employees for whom
States, including section 2903 of title 5, or of a State or territory, or 80 Stat. 411.
there is a collective-bargaining representative, no such variation, addi-
an officer, civil or military, holding a commission under the United
tion, or substitution shall be made except by agreement between the
States, or any officer or employee of the Postal Service designated by
collective-bargaining representative and the Postal Service.
the Board may administer and certify the oath or affirmation.
"§ 1006. Right of transfer
"Officers and employees in the postal career service of the Postal
"Chapter 12.-EMPLOYEE-MANAGEMENT AGREEMENTS
Service shall be eligible for promotion or transfer to any other posi-
"Sec.
tion in the Postal Service or the executive branch of the Government
'1201. Definition.
of the United States for which they are qualified. The authority given
"1202. Bargaining units.
by this section shall be used to provide a maximum degree of career
"1203. Recognition of labor organizations
promotion opportunities for officers and employees and to insure
"1204. Elections.
1205. Deductions of dues.
continued improvement of postal services.
'1206. Collective-bargaining agreements.
"§ 1007. Seniority for employees in rural service
"1207. Labor disputes.
"1208. Suits.
"Subject to agreements made under chapter 12 of this title, the
"1209. Applicability of Federal labor laws.
seniority of an employee of the Postal Service occupying a position
"§ 1201. Definition
whose regular duty involves the collection and delivery of mail on a
As used in this chapter, 'guards' means—
rural route shall be preserved. Seniority for such employee shall com-
(1) maintenance guards who, on the effective date of this
mence 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
chapter, are in key position KP-5 under the provisions of former
section 3514 of title 39; and
74 Stat. 617;
enters duty in the other position. Upon initial assignment, such an
employee shall be assigned to the least desirable route and shall attain
(2) security guards, who may be employed in the Postal
81 Stat. 627.
assignment to more desirable routes by seniority. Promotions and
Service and whose primary duties shall include the exercise of
assignments for such an employee in such position shall be based on
authority to enforce rules to protect the safety of property, mail,
seniority and ability. If ability be sufficient, seniority shall govern.
or persons on the premises.
1008. Temporary employees or carriers
"§ 1202. Bargaining units
"The National Labor Relations Board shall decide in each case the
(a) A person temporarily employed to deliver mail is deemed an
employee of the Postal Service and is subject to the provisions of
unit appropriate for collective bargaining in the Postal Service. The
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 16 -
August 12, 1970
August 12, 1970
-
17
-
Pub. Law 91-375
84 STAT. 735
84 STAT. 734
National Labor Relations Board shall not include in any bargaining
1204. Elections
unit-
(a) All elections authorized under this chapter shall be conducted
"(1) any management official or supervisor;
under the supervision of the National Labor Relations Board, or
(2) any employee engaged in personnel work in other than a
persons designated by it, and shall be by secret ballot. Each employee
purely nonconfidential clerical capacity;
eligible to vote shall be provided the opportunity to choose the labor
(3) both professional employees and employees who are not
organization he wishes to represent him, from among those on the bal-
professional employees unless a majority of such professional
lot, or 'no union'.
employees vote for inclusion in such unit; or
(b) In any election where none of the choices on the ballot receives
(4) together with other employees, any individual employed
a majority, a runoff shall be conducted, the ballot providing for a
as a security guard to enforce against employees and other per-
selection between the 2 choices receiving the largest and second
sons, rules to protect property of the Postal Service or to protect
largest number of valid votes cast in the election. In the event of a tie
the safety of property, mail, or persons on the premises of the
vote, additional runoff elections shall be conducted until one of the
Postal Service; but no labor organization shall be certified as the
choices has received a majority of the votes.
representative of employees in a bargaining unit of security guards
"(c) No election shall be held in any bargaining unit within which,
if such organization admits to membership, or is affiliated directly
in the preceding 12-month period, a valid election has been held.
or indirectly with an organization which admits to membership,
1205. Deductions of dues
employees other than guards.
(a) When a labor organization holds exclusive recognition, or
"§ 1203. Recognition of labor organizations
when an organization of personnel not subject to collective-bargaining
"(a) The Postal Service shall accord exclusive recognition to a
agreements has consultation rights under section 1004 of this title,
labor organization when the organization has been selected by a major-
the Postal Service shall deduct the regular and periodic dues of the
ity of the employees in an appropriate unit as their representative.
organization from the pay of all members of the organization in the
(b) Agreements and supplements in effect on the date of enactment
unit of recognition if the Post Office Department or the Postal Service
of this section covering employees in the former Post Office Depart-
has received from each employee, on whose account such deductions
ment shall continue to be recognized by the Postal Service until altered
are made, a written assignment which shall be irrevocable for a period
or amended pursuant to law.
of not more than one year.
(c) When a petition has been filed, in accordance with such regula-
(b) Any agreement in effect immediately prior to the date of
tions as may be prescribed by the National Labor Relations Board-
enactment of the Postal Reorganization Act between the Post Office
(1) by an employee, a group of employees, or any labor orga-
Department and any organization of postal employees which provides
nization acting in their behalf, alleging that (A) a substantial
for deduction by the Department of the regular and periodic dues of
number of employees wish to be represented for collective bargain-
the organization from the pay of its members, shall continue in full
ing by a labor organization and that the Postal Service declines to
force and effect and the obligation for such deductions shall be as-
recognize such labor organization as the representative; or (B)
sumed by the Postal Service. No such deduction shall be made from
the labor organization which has been certified or is being cur-
the pay of any employee except on his written assignment, which shall
rently recognized by the Postal Service as the bargaining repre-
be irrevocable for a period of not more than one year.
sentative is no longer a representative; or
(2) by the Postal Service, alleging that one or more labor
"§ 1206. Collective-bargaining agreements
organizations has presented to it a claim to be recognized as the
(a) Collective-bargaining agreements between the Postal Service
representative;
and bargaining representatives recognized under section 1203 of this
title shall be effective for not less than 2 years.
the National Labor Relations Board shall investigate such petition
"(b) Collective-bargaining agreements between the Postal Service
and, if it has reasonable cause to believe that a question of representa-
and bargaining representatives recognized under section 1203 may
tion exists, shall provide for an appropriate hearing upon due notice.
include any procedures for resolution by the parties of grievances and
Such hearing may be conducted by an officer or employee of the
adverse actions arising under the agreement, including procedures
National Labor Relations Board, who shall not make any recom-
culminating in binding third-party arbitration, or the parties may
mendations with respect thereto. If the National Labor Relations
adopt any such procedures by mutual agreement in the event of a
Board finds upon the record of such hearing that such a question of
representation exists, it shall direct an election by secret ballot and
dispute. (c) The Postal Service and bargaining representatives recognized
shall certify the results thereof.
under section 1203 may by mutual agreement adopt procedures for
"(d) A petition filed under subsection (c) (1) of this section shall be
the resolution of disputes or impasses arising in the negotiation of a
accompanied by a statement signed by at least 30 percent of the
collective-bargaining agreement.
employees in the appropriate unit stating that they desire that an
election be conducted for either of the purposes set forth in such
"§ 1207. Labor disputes
subsection.
(a) If there is a collective-bargaining agreement in effect, no party
(e) Nothing in this section shall be construed to prohibit the
to such agreement shall terminate or modify such agreement unless
waiving of hearings by stipulation for the purpose of a consent elec-
the party desiring such termination or modification serves written
tion in conformity with regulations and rules of decision of the
notice upon the other party to the agreement of the proposed termi-
National Labor Relations Board.
nation or modification not less than 90 days prior to the expiration
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
August 12, 1970
19 -
Pub. Law 91-375
- 18
84
STAT.
737
August 12, 1970
84 STAT. 736
under this chapter to the same extent that they have jurisdiction with 61
Stat. 136.
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
respect to actions under title 29.
29 USC 167.
notice shall notify the Federal Mediation and Conciliation Service
(b) Suits for violation of contracts between the Postal Service Contract
of the existence of a dispute within 45 days of such notice, if no agree-
and a labor organization representing Postal Service employees, or violation.
ment has been reached by that time.
bet ween any such labor organizations, may be brought in any district
Factfinding
court of the United States having jurisdiction of the parties, without
(b) If the parties fail to reach agreement or to adopt a procedure
panel.
providing for a binding resolution of a dispute by the expiration
respect to the amount in controversy
date of the agreement in effect, or the date of the proposed termina-
(c) A labor organization and the Postal Service shall be bound by Labor zations. organi-
tion or modification, the Director of the Federal Mediation and Con-
the authorized acts of their agents. Any labor organization may sue
bneiliation Service shall direct the establishment of a factfinding panel
or be sued as an entity and in behalf of the employees whom it repre-
sents in the courts of the United States. Any money judgment against
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
a labor organization in a district court of the United States shall be
days, shall select 1 person. The 2 SO selected shall then choose from the
enforcible only against the organization as an entity and against its
list a third person who shall serve as chairman of the factfinding panel.
assets, and shall not be enforcible against any individual member or his
If either of the parties fails to select a person or if the 2 members are
assets.
unable to agree on the third person within 3 days, the selection shall
(d) For the purposes of actions and proceedings by or against
be made by the Director. The factfinding panel shall issue after due
labor organizations in the district courts of the United States, district
courts shall be deemed to have jurisdiction of a labor organization
investigation a report of its findings, with or without recommenda-
tions, to the parties no later than 45 days from the date the list of
(1) in the district in which such organization maintains its principal
names is submitted.
offices, or (2) in any district in which its duly authorized officers or
Arbitration
(c) (1) If no agreement is reached within 90 days after the expi-
agents are engaged in representing or acting for employee members.
board.
ration or termination of the agreement or the date on which the agree-
"(e) The service of summons, subpena, or other legal process of
ment became subject to modification under subsection (a) of this sec-
any court of the United States upon an officer or agent of a labor or-
tion, or if the parties decide upon arbitration but do not agree upon
ganization, in his capacity as such, shall constitute service upon the
the procedures therefor, an arbitration board shall be established con-
labor organization.
sisting of 3 members, not members of the factfinding panel, 1 of whom
"§ 1209. Applicability of Federal labor laws
shall be selected by the Postal Service, 1 by the bargaining represent-
"(a) Employee-management relations shall, to the extent not in-
ative of the employees, and the third by the 2 thus selected. If either
consistent with provisions of this title, be subject to the provisions of
of the parties fails to select a member, or if the members chosen by the
subchapter II of chapter 7 of title 29.
parties fail to agree on the third person within 5 days after their first
(b) The provisions of chapter 11 of title 29 shall be applicable 73 USC Stat. 401 519.
meeting, the selection shall be made by the Director. If the parties do
to labor organizations that have or are seeking to attain recognition note. 29
not agree on the framing of the issues to be submitted, the factfinding
under section 1203 of this title, and to such organizations' officers,
panel shall frame the issues and submit them to the arbitration board.
agents, shop stewards, other representatives, and members to the
Full hearing
"(2) The arbitration board shall give the parties a full and fair
extent to which such provisions would be applicable if the Postal
opportunity.
hearing, including an opportunity to present evidence in support of
Service were an employer under section 402 of title 29. In addition
their claims, and an opportunity to present their case in person, by
to the authority conferred on him under section 438 of title 29, the
counsel or by other representative as they may elect. Decisions of the
Secretary of Labor shall have authority, by regulation issued with
arbitration board shall be conclusive and binding upon the parties.
the written concurrence of the Postal Service, to prescribe simplified
The arbitration board shall render its decision within 45 days after its
reports for any such labor organization. The Secretary of Labor
appointment.
may revoke such provision for simplified forms of any such labor
(3) Costs of the arbitration board and factfinding panel shall be
organization if he determines, after such investigation as he deems
shared equally by the Postal Service and the bargaining representa-
proper and after due notice and opportunity for a hearing, that
tive.
the purposes of this chapter and of chapter 11 of title 29 would be
(d) In the case of a bargaining unit whose recognized collective-
served thereby.
bargaining representative does not have an agreement with the Postal
(c) Each employee of the Postal Service shall have the right,
Employees'
Service, if the parties fail to reach agreement within 90 days of the
freely and without fear of penalty or reprisal, to form, join, and
right to join
labor unions.
commencement of collective bargaining, a factfinding panel will be
assist a labor organization or to refrain from any such activity, and
established in accordance with the terms of subsection (b) of this
each employee shall be protected in the exercise of this right.
section, unless the parties have previously agreed to another procedure
for a binding resolution of their differences. If the parties fail to reach
"PART III-MODERNIZATION AND FISCAL
agreement within 180 days of the commencement of collective bar-
ADMINISTRATION
gaining, and if they have not agreed to another procedure for binding
Sec.
CHAPTER
resolution, an arbitration board shall be established to provide con-
2001
"20. FINANCE
2201
clusive and binding arbitration in accordance with the terms of
"22. CONVICT LABOR
"24. APPROPRIATIONS AND ANNUAL REPORT
2401
subsection (c) of thissection.
"26. DEBTS AND COLLECTION
2601
1208. Suits
ii) The courts of the United States shall have jurisdiction with
respect to actions brought by the National Labor Relations Board
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 20 -
August 12, 1970
August 12, 1970
- 21 -
Pub. Law 91-375
84 STAT. 739
84 STAT. 738
"Chapter 20.-FINANCE
administration of the former Post Office Department for the pur-
"Sec.
pose of constructing a postal building from funds appropriated or
2001. Definitions.
transferred to the former Post Office Department, together with
"2002. Capital of the Postal Service.
all funds appropriated or allocated therefor;
2003. The Postal Service Fund.
"(4) all real property 55 percent or more of which is occupied
2004. Transitional appropriations.
"2005. Obligations.
by or under control of the former Post Office Department imme-
"2006. Relationship between the Treasury and the Postal Service.
diately prior to the effective date of this section;
2007. Public debt character of the obligations of the Postal Service.
(5) all contracts, records, and documents relating to the opera-
"2008. Audit and expenditures.
tion of the departmental service and the postal field service of the
"2009. Annual budget.
"2010. Restrictions on agreements.
former Post Office Department; and
(6) all other property and assets of the former Post Office
"§ 2001. Definitions
Department.
'As used in this chapter-
(d) After the commencement of operations of the Postal Service,
(1) 'Fund' means the Postal Service Fund established by sec-
the President is authorized to transfer to the Postal Service, and the
tion 2003 of this chapter; and
Postal Service is authorized to transfer to other departments, agen-
(2) 'obligations', when referring to debt instruments issued by
cies, or independent establishments of the Government of the United
the Postal Service, means notes, bonds, debentures, mortgages,
States, with or without reimbursement, any property of that depart-
and any other evidence of indebtedness.
ment, agency, or independent establishment and the Postal Service,
2002. Capital of the Postal Service
respectively, when the public interest would be served by such
(a) The initial capital of the Postal Service shall consist of the
transfer.
equity, as reflected in the budget of the President, of the Government
"§ 2003. The Postal Service Fund
of the I nited States in the former Post Office Department. The value
(a) There is established in the Treasury of the United States a
of assets and the amount of liabilities transferred to the Postal Service
revolving fund to be called the Postal Service Fund which shall be
upon the commencement of operations of the Postal Service shall be
available to the Postal Service without fiscal-year limitation to carry
determined by the Postal Service subject to the approval of the Comp-
out the purposes, functions, and powers authorized by this title.
troller General, in accordance with the following guidelines:
"(b) There shall be deposited in the Fund, subject to withdrawal
(1) Assets shall be valued on the basis of original cost less
by check by the Postal Service-
depreciation, to the extent that such value can be determined. The
value recorded on the former Post Office Department's books of
"(1) revenues from postal and nonpostal services rendered by
the Postal Service;
account shall be prima facie evidence of asset value.
"(2) All liabilities attributable to operations of the former Post
(2) amounts received from obligations issued by the Postal
Service;
Office Department shall remain liabilities of the Government of
"(3) amounts appropriated for the use of the Postal Service;
the United States, except that upon commencement of operations
(4) interest which may be earned on investments of the Fund;
of the Postal Service, the unexpended balances of appropriations
made to, held or used by, or available to the former Post Office
(5) any other receipts of the Postal Service; and
"(6) the balance in the Post Office Department Fund estab-
Department and all liabilities chargeable thereto shall become
lished under former section 2202 of title 39 as of the commence- 74 Stat. 594.
assets and liabilities, respectively, of the Postal Service.
ment of operations of the Postal Service.
(b) The capital of the Postal Service at any time shall consist of
"(c) If the Postal Service determines that the moneys of the Fund
assets, including the balance in the Fund, less its liabilities.
(c) The Postal Service, and the Administrator of General Services
are in excess of current needs, it may request the investment of such
where properties under the jurisdiction of the Administrator are in-
amounts as it deems advisable by the Secretary of the Treasury in
volved, with the approval of the Director of the Office of Management
obligations of, or obligations guaranteed by, the Government of the
and Budget, shall determine which Federal properties shall be trans-
United States, and, with the approval of the Secretary, in such other
ferred to the Postal Service and which shall remain under the jurisdic-
obligations or securities as it deems appropriate.
tion of any other department, agency, or establishment of the Govern-
"(d) With the approval of the Secretary of the Treasury, the Postal
ment of the United States upon the commencement of operations of
Service may deposit moneys of the Fund in any Federal Reserve bank,
the Postal Service. The transfer shall be accomplished at the time of or
any depository for public funds, or in such other places and in such
as near as possible to the commencement of operations of the Postal
manner as the Postal Service and the Secretary may mutually agree.
Service and the valuation of the assets and capital of the Postal Serv-
"(e) The Fund shall be available for the payment of all expenses
Property
ice shall be adjusted accordingly. The following properties shall be in-
incurred by the Postal Service in carrying out its functions under this
transfer.
cluded in the transfer:
title and, subject to the provisions of section 3604 of this title, all Post, p. 759.
of the expenses of the Postal Rate Commission. Neither the Fund
(1) the mail equipment shops located in Washington, District
of Columbia:
nor any of the funds credited to it shall be subject to apportionment
under the provisions of section 665 of title 31.
"(2) all machinery, equipment, and appurtenances of the for-
mer Post Office Department;
2004. Transitional appropriations
(3) all real property whose ownership was acquired by the
"Such sums as are necessary to insure a sound financial transi-
74 Stat. 590;
Postmaster General under former section 2103 of this title, as in
tion for the Postal Service and a rate policy consistent with chap-
81 Stat. 14.
effect immediately prior to the effective date of this section, or
ter 36 of this title are hereby authorized to be appropriated to the
which immediately prior to such effective date, is under the
Fund without regard to fiscal-year limitation.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 22 -
August 12, 1970
August 12, 1970
- 23 -
Pub. Law 91-375
84 STAT. 741
84 Stat. 740
"(5) not be obligations of, nor shall payment of the principal
2005. Obligations
thereof or interest thereon be guaranteed by, the Government of
"(a) The Postal Service is authorized to borrow money and to
the United States, except as provided in section 2006(c) of this
issue and sell such obligations as it determines necessary to carry out
title.
the purposes of this title. The aggregate amount of any such obli-
"§ 2006. Relationship between the Treasury and the Postal Service
gations outstanding at any one time shall not exceed $10,000,000,000.
in any one fiscal year the net increase in the amount of obligations
(a) At least 15 days before selling any issue of obligations under
outstanding issued for the purpose of capital improvements shall not
section 2005 of this title, the Postal Service shall advise the Secretary
exceed $1,500,000,000, and the net increase in the amount of obliga-
of the Treasury of the amount, proposed date of sale, maturities, terms
tions outstanding issued for the purpose of defraying operating
and conditions, and expected maximum rates of interest of the pro-
expenses of the Postal Service shall not exceed $500,000,000.
posed issue in appropriate detail and shall consult with him or his
(b) The Postal Service may pledge the assets of the Postal Service
designee thereon. The Secretary may elect to purchase such obligations
and pledge and use its revenues and receipts for the payment of the
under such terms, including rates of interest, as he and the Postal
principal of or interest on such obligations, for the purchase or re-
Service may agree, but at a rate of yield no less than the prevailing
demption thereof, and for other purposes incidental thereto, including
yield on outstanding marketable Treasury securities of comparable
creation of reserve, sinking, and other funds which may be similarly
maturity, as determined by the Secretary. If the Secretary does not
pledged and used, to such extent and in such manner as it deems neces-
purchase such obligations, the Postal Service may proceed to issue and
sary or desirable. The Postal Service is authorized to enter into binding
sell them to a party or parties other than the Secretary upon notice to
covenants with the holders of such obligations, and with the trustee, if
the Secretary and upon consultation as to the date of issuance, maxi-
any, under any agreement entered into in connection with the issuance
mum rates of interest, and other terms and conditions.
thereof with respect to the establishment of reserve, sinking, and other
(b) Subject to the conditions of subsection (a) of this section, the
funds, application and use of revenues and receipts of the Postal
Postal Service may require the Secretary of the Treasury to purchase
Service, stipulations concerning the subsequent issuance of obligations
obligations of the Postal Service in such amounts as will not cause the
or the execution of leases or lease purchases relating to properties of
holding by the Secretary of the Treasury resulting from such required
the Postal Service and such other matters as the Postal Service deems
purchases to exceed $2,000,000,000 at any one time. This subsection shall
necessary or desirable to enhance the marketability of such obligations.
not be construed as limiting the authority of the Secretary to purchase
(c) Obligations issued by the Postal Service under this section-
obligations of the Postal Service in excess of such amount.
Issuance, forms,
etc.
(1) shall be in such forms and denominations:
"(c) Notwithstanding section 2005(d) (5) of this title, obligations
(2) shall be sold at such times and in such amounts;
issued by the Postal Service shall be obligations of the Government of
(3) shall mature at such time or times;
the United States. and payment of principal and interest thereon shall
(4) shall be sold at such prices;
be fully guaranteed by the Government of the United States, such
guaranty being expressed on the face thereof, if and to the extent
(5) shall bear such rates of interest;
that-
(6) may be redeemable before maturity in such manner, at
(1) the Postal Service requests the Secretary of the Treasury
such times, and at such redemption premiums;
"(7) may be entitled to such relative priorities of claim on the
to pledge the full faith and credit of the Government of the
assets of the Postal Service with respect to principal and interest
United States for the payment of principal and interest thereon:
and
payments; and
(8) shall be subject to such other terms and conditions;
(2) the Secretary, in his discretion, determines that it would
as the Postal Service determines.
be in the public interest to do so.
Negotiability,
"(d) Obligations issued by the Postal Service under this section
2007. Public debt character of the obligations of the Postal
etc.
shall-
Service
"(1) be negotiable or nonnegotiable and bearer or registered
"For the purpose of any purchase of the obligations of the Postal
instruments, as specified therein and in any indenture or covenant
Service, the Secretary of the Treasury is authorized to use as a public
relating thereto;
debt transaction the proceeds from the sale of any securities issued
"(2) contain a recital that they are issued under this section,
under the Second Liberty Bond Act, as now or hereafter in force, and 40 Stat. 288.
and such recital shall be conclusive evidence of the regularity of
the purposes for which securities may be issued under the Second 31 USC 774.
the issuance and sale of such obligations and of their validity;
Liberty Bond Act, as now or hereafter in force, are extended to include
"(3) be lawful investments and may be accepted as security for
any purchases of the obligations of the Postal Service under this
all fiduciary, trust, and public funds, the investment or deposit
chapter. The Secretary of the Treasury may, at any time, sell any of
of which shall be under the authority or control of any officer or
the obligations of the Postal Service acquired by him under this chap-
agency of the Government of the United States, and the Secre-
ter. All redemptions, purchases, and sales by the Secretary of the obli-
tary of the Treasury or any other officer or agency having author-
gations of the Postal Service shall be treated as public debt transactions
ity over or control of any such fiduciary, trust, or public funds,
of the United States.
may at any time sell any of the obligations of the Postal Service
acquired under this section;
"§ 2008. Audit and expenditures
(4) be exempt both as to principal and interest from all taxa-
(a) The accounts and operations of the Postal Service shall be
tion now or hereafter imposed by any State or local taxing au-
audited by the Comptroller General and reports thereon made to the
thority except estate, inheritance, and gift taxes; and
Congress to the extent and at such times as he may determine.
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
- 25 -
Pub. Law 91-375
Pub. Law 91-375
- 24 -
August 12, 1970
84 STAT. 743
84 STAT. 742
"Chapter 24.-APPROPRIATIONS AND ANNUAL REPORT
(b) The Postal Service shall maintain an adequate internal audit
'Sec.
of the financial transactions of the Postal Service.
"2401. Appropriations.
"(c) Subject only to the provisions of this chapter, the Postal Service
""2402. Annual report.
is authorized to make such expenditures and to enter into such con-
2401. Appropriations
tracts, agreements, and arrangements, upon such terms and conditions
and in such manner as it deems necessary, including the final settlement
(a) There are appropriated to the Postal Service all revenues
of all claims and litigation by or against the Postal Service.
received by the Postal Service.
"(d) Nothing in this section shall be construed as denying to the
(b) (1) As reimbursement to the Postal Service for public service
Postal Service the power to obtain audits of the accounts of the Postal
costs incurred by it in providing a maximum degree of effective and
Service and reports concerning its financial condition and operations
regular postal service nationwide, in communities where post offices
by certified public accounting firms. Such audits and reports shall be
may not be deemed self-sustaining, as elsewhere, there are authorized
in addition to those required by this section.
to be appropriated to the Postal Service the following amounts:
(e) At least once each year beginning with the fiscal year com-
(A) for each of the fiscal years 1972 through 1979, an amount
mencing after June 30, 1971, the Postal Service shall obtain a certifica-
equal to 10 percent of the sum appropriated to the former Post
tion from an independent. certified public accounting firm of the
Office Department by Act of Congress for its use in fiscal year
accuracy of any financial statements of the Postal Service used in deter-
1971;
mining and establishing postal rates.
(B) for fiscal year 1980, an amount equal to 9 percent of such
sum for fiscal year 1971;
"§ 2009. Annual budget
(C) for fiscal year 1981, an amount equal to 8 percent of such
"The Postal Service shall cause to be prepared annually a budget
sum for fiscal year 1971;
program which shall be submitted to the Office of Management and
D) for fiscal year 1982, an amount equal to 7 percent of such
Budget, under such rules and regulations as the President may estab-
sum for fiscal year 1971;
lish as to the date of submission, the form and content, the classifica-
(E) for fiscal year 1983, an amount equal to 6 percent of such
tions of data, and the manner in which such budget program shall be
sum for fiscal year 1971:
prepared and presented. The budget program shall be a business-type
(F) for fiscal year 1984, an amount equal to 5 percent of such
budget, or plan of operations, with due allowance given to the need
sum for fiscal year 1971 and
for flexibility, including provision for emergencies and contingencies,
(G) except as provided in paragraph (2) of this subsection,
in order that the Postal Service may properly carry out its activities
for each fiscal year thereafter an amount equal to 5 percent of such
as authorized by law. The budget program shall contain estimates of
sum for fiscal year 1971.
the financial condition and operations of the Postal Service for the
"(2) After fiscal year 1984, the Postal Service may reduce the per-
current and ensuing fiscal years and the actual condition and results
centage figure in paragraph (1) (G) of this subsection, including a re-
of operation for the last completed fiscal year. Such budget program
duction to 0, if the Postal Service finds that the amounts determined
shall include a statement of financial condition, a statement of income
under such paragraph are no longer required to operate the Postal
and expense, an analysis of surplus or deficit, a statement of sources
Service in accordance with the policies of this title.
and application of funds, and such other supplementary statements
(3) The Postal Service, in requesting amounts to be appropriated
and information as are necessary or desirable to make known the
under this subsection, shall present to the appropriate committees of
financial condition and operations of the Postal Service. Such state-
the Congress a comprehensive statement of compliance with the pub-
ments shall include estimates of operations by major types of activities,
lic service cost policy established under section 101 (b) of this title.
Ante, p. 719.
together with estimates of administrative expenses and estimates of
(c) There are authorized to be appropriated to the Postal Serv-
borrowings.
ice each year a sum determined by the Postal Service to be equal to the
2010. Restrictions on agreements
difference between the revenues the Postal Service would have re-
"The Postal Service shall promote modern and efficient operations
ceived if sections 3217, 3403-3405, and 3626 of this title and the Fed- Post, pp. 755-
eral Voting Assistance Act of 1955 had not been enacted and the
762.
and should refrain from expending any funds, engaging in any prac-
69 Stat. 584;
tice, or entering into any agreement or contract, other than an agree-
estimated revenues to be received on mail carried under such sections
82 Stat. 181.
ment or contract under chapter 12 of this title, which restricts the use
and Act.
50 USC 1451.
Ante, p. 733.
of new equipment or devices which may reduce the cost or improve
"§ 2402. Annual report
the quality of postal services, except where such restriction is necessary
"The Postmaster General shall render an annual report to the Board
to insure safe and healthful employment conditions.
concerning the operations of the Postal Service under this title. Upon
Report to
"Chapter 22.-CONVICT LABOR
approval thereof, or after making such changes as it considers appro-
President and
priate, the Board shall transmit such report to the President and the
Congress.
"Sec.
"2201. No postal equipment or supplies manufactured by convict labor.
Congress.
2201. No postal equipment or supplies manufactured by convict
"Chapter 26.-DEBTS AND COLLECTION
labor
"Sec.
62 Stat. 851.
"Except as provided in chapter 307 of title 18, the Postal Service
"2601. Collection and adjustment of debts.
18 USC 4121.
may not make contract for the purchase of equipment or supplies to
"2602. Transportation of international mail by air carriers of the United States
"2603. Settlement of claims for damages caused by the Postal Service
be manufactured by convict labor.
"2604. Delivery of stolen money to owner.
"2605. Suits to recover wrongful or frandulent payments.
49-091 O 70 3
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
26 -
August 12, 1970
August 12, 1970
- 27 -
Pub. Law 91-375
84 STAT. 744
84 STAT. 745
"§ 2601. Collection and justment of debts
"(d) If the I nited States is unable to collect from the debtor coun-
(a) The Postal Service-
try an amount paid or advanced to an air carrier within 12 months
"(1) shall collect debts due the Postal Service:
after payment or advance has been made, the United States may
(2) shall collect and remit fines, penalties, and forfeitures
deduct the uncollected amount from any sums owed by it to the air
arising out of matters affecting the Postal Service:
carrier.
(3) may adjust, pay, or credit the account of a postmaster or of
"(e) The Postal Service shall adopt such accounting procedures
an enlisted person of an Armed Force performing postal duties,
as may be necessary to conform to and carry out the purposes of this
for any loss of Postal Service funds, papers, postage, or other
section.
stamped stock or accountable paper, and
"§ 2603. Settlement of claims for damages caused by the Postal
(4) may prescribe penalties for failure to render accounts.
Service
The Postal Service may refer any matter, which is uncollectable
"When the Postal Service finds a claim for damage to persons or
through administrative action, to the General Accounting Office for
property resulting from the operation of the Postal Service to be a
collection. This subsection does not affect the authority of the Attorney
proper charge against the United States, and it is not cognizable under
General in cases in which judicial proceedings are instituted.
section 2672 of title 28, it may adjust and settle the claim.
62 Stat. 983;
(b) In all cases of disability or alleged liability for any sum of
80 Stat. 306.
"§ 2604. Delivery of stolen money to owner
money by way of damages or otherwise, under any provision of law in
relation to the officers, employees, operations, or business of the Postal
"When the Postal Service is satisfied that money or property in the
Service, the Postal Service shall determine whether the interests of
possession of the Postal Service represents money or property stolen
the Postal Service probably require the exercise of its powers over
from the mails, or the proceeds thereof, it may deliver it to the person
the same. pon the determination, the Postal Service on such terms
it finds to be the rightful owner.
as it deems just and expedient, may-
"§ 2605. Suits to recover wrongful or fraudulent payments
(1) remove the disability; or
"The Postal Service shall request the Attorney General to bring a
"(2) compromise, release, or discharge the claim for such sum
suit to recover with interest any payment made from moneys of, or
of money and damages.
credit granted by, the Postal Service as a result of-
2602. Transportation of international mail by air carriers of the
"(1) mistake;
United States
"(2) fraudulent representations;
(3) collusion; or
(a) The Postal Service may offset against any balances due an-
(+) misconduct of an officer or employee of the Postal Service.
other country resulting from the transaction of international money
order business, or otherwise, amounts due from that country to the
"PART IV-MAIL MATTER
United States, or to the United States for the account of air carriers
"CHAPTER
Sec.
of the United States transporting mail of that country, when-
"30. NONMAILABLE MATTER
3001
(1) the Postal Service puts into effect rates of compensation
"32. PENALTY AND FRANKED MAIL
3201
"34. ARMED FORCES AND FREE POSTAGE
3401
to be charged another country for transportation and
"36. POSTAL RATES, CLASSES, AND SERVICES
3601
(2) the United States is required to collect from another
country the amounts owed for transportation for the account of
"Chapter 30.-NONMAILABLE MATTER
the air carriers.
"Sec.
(b) When the Postal Service has proceeded under authority of
"3001. Nonmailable matter.
subsection (a) of this section, it shall-
"3002. Nonmailable motor vehicle master keys.
"3003. Mail bearing a fictitious name or address.
"(1) give appropriate credit to the country involved:
"3004. Delivery of mail to persons not residents of the place of address.
(2) pay to the air carrier the portion of the amount SO credited
"3005. False representations; lotteries.
which is owed to the air carrier for its services in transporting
"3006. Unlawful matter.
the mail of the other country: and
"3007. Detention of mail for temporary periods.
"3008. Prohibition of pandering advertisements.
(3) deposit in the Postal Service Fund that portion of the
"3009. Mailing of unordered merchandise.
amount SO credited which is due the United States on its own
"3010. Mailing of sexually oriented advertisements.
account.
"3011. Judicial enforcement.
(c) The Postal Service, may advance to an air carrier, out of funds
3001. Nonmailable matter
available for payment of balances due other countries, the amounts
(a) Matter the deposit of which in the mails is punishable under
determined by the Postal Service to be due from another country to
section 1302, 1341, 1342, 1461, 1463, 1714, 1715, 1716, 1717 or 1718 of
aircarrier for the transportation of its mails when-
62 Stat. 762-
title 18 is nonmailable.
(1) collections are to be made by the United States for the
782.
(b) Except as provided in subsection (c) of this section, nonmail-
account of air carriers; and
able matter which reaches the office of delivery, or which may be seized
(2) the Postal Service determines that the balance of funds
or detained for violation of law, shall be disposed of as the Postal
available is such that the advances may be made therefrom.
Service shall direct.
Collection from another country of the amount SO advanced shall be
(c) (1) Matter which-
made by offset, or otherwise, and the appropriation from which the
"(A) exceeds the size and weight limits prescribed for the par-
advance is made shall be reimbursed by the collections made by the
ticularclass of mail; or
United States.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 28 -
August 12, 1970
August 12, 1970
29 -
Pub. Law 91-375
84 STAT. 746
84 STAT. 747
"(B) is of a character perishable within the period required for
3004. Delivery of mail to persons not residents of the place of
transportation and delivery;
address
is nonmailable.
Whenever the Postal Service determines that letters or parcels
(2) Matter made nonmailable by this subsection which reaches
sent in the mail are addressed to places not the residence or regular
the office of destination may be delivered in accordance with its address,
business address of the person for whom they are intended, to enable
if the party addressed furnishes the name and address of the sender.
the person to escape identification, the Postal Service may deliver
d) Matter otherwise legally acceptable in the mails which-
the mail only upon identification of the person SO addressed,
(1) is in the form of, and reasonably could be interpreted or
S 3005. False representations; lotteries
construed as, a bill, invoice, or statement of account due; but
(a) pon evidence satisfactory to the Postal Service that any per-
"(2) constitutes, in fact, a solicitation for the order by the ad-
son is engaged in conducting a scheme or device for obtaining money
dressee of goods or services, or both;
or property through the mail by means of false representations, or is
is nonmailable matter, shall not be carried or delivered by mail, and
engaged in conducting a lottery, gift enterprise, or scheme for the
shall be disposed of as the Postal Service directs, unless such matter
distribution of money or of real or personal property, by lottery,
bears on its face, in conspicuous and legible type in contrast by typog-
chance, or drawing of any kind, the Postal Service may issue an order
raphy, layout, or color with other printing on its face, in accordance
which-
with regulations which the Postal Service shall prescribe-
"(1) directs the postmaster of the post office at which mail ar-
"(A) the following notice: This is a solicitation for the order
rives, addressed to such a person or to his representative, to return
of goods or services, or both, and not a bill, invoice, or state-
such mail to the sender appropriately marked as in violation of
ment of account due. You are under no obligation to make any
this section, if the person, or his representative, is first notified
payments on account of this offer unless you accept this offer.'; or
and given reasonable opportunity to be present at the receiving
(B) in lieu thereof, a notice to the same effect in words which
post office to survey the mail before the postmaster returns the
the Postal Service may prescribe.
mail to the sender; and
(e) Except as otherwise provided by law, proceedings concerning
"(2) forbids the payment by a postmaster to the person or his
the mailability of matter under this chapter and chapters 71 and 83
representative of any money order or postal note drawn to the
62 Stat. 768,
of title 18 shall be conducted in accordance with chapters 5 and 7 of
order of either and provides for the return to the remitter of the
776.
title 5.
sum named in the money order or postal note.
18 USC 1461,
3002. Nonmailable motor vehicle master keys
(b) The public advertisement by a person engaged in activities
1691.
"(a) Except as provided in subsection (b) of this section, any motor
covered by subsection (a) of this section, that remittances may be
80 Stat. 380,
392; 81 Stat.
vehicle master key, any pattern, impression, or mold from which a
made by mail to a person named in the advertisement, is prima facie
motor vehicle master key may be made, or any advertisement for the
evidence that the latter is the agent or representative of the advertiser
195.
5 USC 500,
sale of any such key, pattern, impression, or mold, is nonmailable
for the receipt of remittances on behalf of the advertiser. The Postal
701.
matter and shall not be carried or delivered by mail.
Service may ascertain the existence of the agency in any other legal
(b) The Postal Service is authorized to make such exemptions
way satisfactory to it.
from the provisions of subsection (a) of this section as it deems
(c) As used in this section and section 3006 of this title, the term
necessary.
'representative' includes an agent or representative acting as an indi- "Representative."
"Motor vehicle
c) For the purposes of this section, 'motor vehicle master key'
vidual or as a firm, bank, corporation, or association of any kind.
master key."
means any key (other than the key furnished by the manufacturer
3006. Unlawful matter
with the motor vehicle, or the key furnished with a replacement lock,
pon evidence satisfactory to the Postal Service that a person is
or any exact duplicate of such keys) designed to operate 2 or more
obtaining or attempting to obtain remittances of money OF property of
motor vehicle ignition, door, or trunk locks of different combinations.
any kind through the mail for an obscene, lewd, lascivious, indecent,
"§ 3003. Mail bearing a fictitious name or address
filthy, or vile thing or is depositing or causing to be deposited in the
"(a) Upon evidence satisfactory to the Postal Service that any
United States mail information as to where, how, or from whom such
person is using a fictitious, false, or assumed name, title, or address
it
thing may be obtained, the Postal Service may-
in conducting, promoting, or carrying on or assisting therein, by means
"(1) direct any postmaster at an office at which mail arrives,
of the postal services of the United States, an activity in violation of
addressed to such a person or to his representative, to return the
62 Stat. 762.
sections 1302, 1341, and 1342 of title 18, it may-
mail to the sender marked and
(1) withhold mail SO addressed from delivery and
(2) forbid the payment by a postmaster to such a person or
(2) require the party claiming the mail to furnish proof to
his representative of any money order or postal note drawn to
it of the claimant's identity and right to receive the mail.
the order of either and provide for the return to the remitter of
(b) The Postal Service may issue an order directing that mail,
the sum named in the money order.
covered by subsection (a) of this section, be forwarded to a dead
3007. Detention of mail for temporary periods
letter office as fictitious matter, or be returned to the sender when-
(1) the party claiming the mail fails to furnish proof of his
"(a) In preparation for or during the pendency of proceedings
under sections 3005 and 3006 of this title, the United States district
identity and right to receive the mail; or
court in the district in which the defendant receives his mail shall,
(2) the Postal Service determines that the mail is addressed
to a fictitious, false, or assumed name, title, or address.
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
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 30 -
August 12, 1970
August 12, 1970
31 -
Pub. Law 91-375
84 STAT. 749
84 STAT. 748
"(h) The provisions of subchapter II of chapter 5, relating to ad- 80 Stat. 381,
28 USC app.
rule 65 of the Federal Rules of Civil Procedure directing the deten-
ministrative procedure, and chapter 7, relating to judicial review, of
392.
tion of the defendant's incoming mail by the postmaster pending
title 5, shall not apply to any provisions of this section.
5 USC 551,
the conclusion of the statutory proceedings and any appeal therefrom.
701.
The district court may provide in the order that the detained mail be
(i) For purposes of this section
(1) mail matter, directed to a specific address covered in the
open to examination by the defendant and such mail be delivered as
order of the Postal Service, without designation of a specific
is clearly not connected with the alleged unlaw activity. An action
addressee thereon, shall be considered as addressed to the person
taken by a court hereunder does not affect or determine any fact at
named in the Postal Service's order; and
issue in the statutory proceedings.
"(2) the term 'children' includes natural children, stepchildren, "Children."
(b) This section does not apply to mail addressed to publishers of
adopted children, and children who are wards of or in custody of
newspapers and other periodical publications entitled to a periodical
the addressee or who are living with such addressee in a regular
publication rate or to mail addressed to the agents of those publishers.
parent-child relationship.
"§ 3008. Prohibition of pandering advertisements
3009. Mailing of unordered merchandise
"(a) Whoever for himself, or by his agents or assigns, mails or
"(a) Except for 1) free samples clearly and conspicuously marked Unfair trade
causes to be mailed any pandering advertisement which offers for sale
matter which the addressee in his sole discretion believes to be eroti-
as such, and (2) merchandise mailed by a charitable organization so- practice.
cally arousing or sexually provocative shall be subject to an order of the
liciting contributions, the mailing of unordered merchandise or of
communications prohibited by subsection (c) of this section consti-
Postal Service to refrain from further mailings of such materials to
designated addresses thereof.
tutes an unfair method of competition and an unfair trade practice
66 Stat. 632.
Refraining
(b) Upon receipt of notice from an addressee that he has received
in violation of section (a) (1) of title 15.
order to
such mail matter, determined by the addressee in his sole decretion to
"(b) Any merchandise mailed in violation of subsection (a) of this Mail disposal.
cease mailing.
be of the character described in subsection (a) of this section, the
section, or within the exceptions contained therein, may be treated as
Postal Service shall issue an order, if requested by the addressee, to the
a gift by the recipient, who shall have the right to retain, use, discard,
sender thereof, directing the sender and his agents or assigns to refrain
or dispose of it in any manner he sees fit without any obligation what-
soever to the sender. All such merchandise shall have attached to it
from further mailings to the named addressees.
(c) The order of the Postal Service shall expressly prohibit the
a clear and conspicuous statement informing the recipient that he may
sender and his agents or assigns from making any further mailings
treat the merchandise as a gift to him and has the right to retain,
to the designated addresses, effective on the thirtieth calendar day
use, discard, or dispose of it in any manner he sees fit without any
after receipt of the order The order shall also direct the sender and
obligation whatsoever to the sender.
his agents or assigns to delete immediately the names of the designated
(c) No mailer of any merchandise mailed in violation of subsec- Dunning com-
addressees from all mailing lists owned or controlled by the sender
tion (a) of this section, or within the exceptions contained therein, munications,
or his agents or assigns and, further, shall prohibit the sender and
shall mail to any recipient of such merchandise a bill for such mer- prohitition.
his agents or assigns from the sale, rental, exchange, or other transac-
chandise or any dunning communications.
tion involving mailing lists bearing the names of the designated
"(d) For the purposes of this section, 'unordered merchandise' "Unordered
addressees.
means merchandise mailed without the prior expressed request or merchandise."
Complaint
(d) Whenever the Postal Service believes that the sender or any-
consent of the recipient.
notice.
one acting on his behalf has violated or is violating the order given
3010. Mailing of sexually oriented advertisements
under this section, it shall serve upon the sender, by registered or cer-
"(a) Any person who mails or causes to be mailed any sexually Identity of
tified mail, a complaint stating the reasons for its belief and request
oriented advertisement shall place on the envelope or cover thereof his sender.
that any response thereto be filed in writing with the Postal Service
name and address as the sender thereof and such mark or notice as
within 15 days after the date of such service. If the Postal Service,
the Postal Service may prescribe.
(b) Any person, on his own behalf or on the behalf of any of his
Minor children.
after appropriate hearing if requested by the sender, and without a
hearing if such a hearing is not requested, thereafter determines that
children who has not attained the age of 19 years and who resides
the order given has been or is being violated, it is authorized to request
with him or is under his care, custody, or supervision, may file with
the Attorney General to make application, and the Attorney General
the Postal Service a statement, in such form and manner as the Postal
is authorized to make application, to a district court of the United
Service may prescribe, that he desires to receive no sexually oriented
States for an order directing compliance with such notice.
advertisements through the mails. The Postal Service shall maintain Maintenance
Court order.
'(e) Any district court of the United States within the jurisdic-
and keep current, insofar as practicable, a list of the names and ad- of list.
tion of which any mail matter shall have been sent or received in viola-
dresses of such persons and shall make the list (including portions
tion of the order provided for by this section shall have jurisdiction,
thereof or changes therein) available to any person, upon such reason-
upon application by the Attorney General, to issue an order command-
able terms and conditions as it may prescribe, including the payment
Penalty.
ing compliance with such notice. Failure to observe such order may be
of such service charge as it determines to be necessary to defray the
punishable by the court as contempt thereof.
cost of compiling and maintaining the list and making it available
"(f) Receipt of mail matter 30 days or more after the effective
as provided in this sentence. No person shall mail or cause to be mailed
date of the order provided for by this section shall create a rebuttable
any sexually oriented advertisement to any individual whose name and
presumption that such mail was sent after such effective date.
address has been on the list for more than 30 days.
Minor child-
"(g) Unon request of any addressee, the order of the Postal Service
(c) No person shall sell, lease, lend, exchange, or license the use of, Sale of list,
ren.
shall include the names of any of his minor children who have not
or. except for the purpose expressly authorized by this section, use prohibition.
attained their nineteenth birthday, and who reside with the addressee.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 32 -
August 12, 1970
August 12, 1970
- 33 -
Pub. Law 91-375
84 STAT. 751
84 STAT. 750
(d) A civil action under this section may be brought in the judi-
any mailing list compiled in whole or in part from the list maintained
cial district in which the defendant resides, or has his principal place
by the Postal Service pursuant to this section.
of business, or in any judicial district in which any sexually oriented
"Sexually
(d) 'Sexually oriented advertisement means any advertisement
advertisement mailed in violation of section 3010 has been delivered
oriented ad-
that depicts, in actual or simulated form, or explicitly describes, in a
by mail according to the direction thereon.
vertisement."
predominantly sexual context, human genitalia, any act of natural
(e) Nothing in this section or in section 3010 shall be construed as
or unnatural sexual intercourse, any act of sadism or masochism, or
amending, preempting, limiting, modifying, or otherwise in any way
any other erotic subject directly related to the foregoing. Material
affecting section 1461 or 1463 of title 18 or section 3006, 3007, or 3008 62 Stat. 768.
otherwise within the definition of this subsection shall be deemed not
of this title.
to constitute a sexually oriented advertisement if it constitutes only
a small and insignificant part of the whole of a single catalog, book,
"Chapter 32.-PENALTY AND FRANKED MAIL
periodical, or other work the remainder of which is not primarily
Sec.
devoted to sexual matters.
"3201. Definitions.
"3202. Penalty mail.
"§ 3011. Judicial enforcement
"3203. Endorsements on penalty covers.
(a) Whenever the Postal Service believes that any person is mail-
"3204. Restrictions on use of penalty mail.
ing or causing to be mailed any sexually oriented advertisement in
"3205. Accounting for penalty covers.
"3206. Reimbursement for penalty mail service.
violation of section 3010 of this title, it may request the Attorney Gen-
"3207. Limit of weight of penalty mail postage on overweight matter.
eral to commence a civil action against such person in a district court
"3208. Shipment by most economical means.
of the United States. Upon a finding by the court of a violation of
"3209. Executive departments to supply information.
Court order.
that section, the court may issue an order including one or more of
"3210. Official correspondence of Vice President and Members of Congress.
"3211. Public documents.
the following provisions as the court deems just under the
13212. Congressional Record under frank of Members of Congress.
circumstances:
"3213. Seeds and reports from Department of Agriculture.
(1) a direction to the defendant to refrain from mailing any
"3214. Mailing privilege of former Presidents.
sexually oriented advertisement to a specific addressee, to any
"3215. Lending or permitting use of frank unlawful.
"3216. Reimbursement for franked mailings.
group of addressees, or to all persons;
"3217. Correspondence of members of diplomatic corps and consuls of countries
(2) a direction to any postmaster to whom sexually oriented
of Postal Union of Americas and Spain.
dvertisements originating with such defendant are tendered for
"3218. Franked mail for surviving spouses of Members of Congress.
transmission through the mails to refuse to accept such advertise-
"§ 3201. Definitions
ments for mailing; or
As used in this chapter-
(3) a direction to any postmaster at the office at which regis-
(1) 'penalty mail' means official mail, other than franked mail,
tered or certified letters or other letters or mail arrive, addressed
which is authorized by law to be transmitted in the mail with-
to the defendant or his representative, to return the registered or
out prepayment of postage;
certified letters or other letters or mail to the sender appropriately
(2) 'penalty cover' means envelopes, wrappers, labels, or cards
marked as being in response to mail in violation of section 3010 of
used to transmit penalty mail:
this title, after the defendant, or his representative, has been
(3) 'frank' means the autographic or facsimile signature of
notified and given reasonable opportunity to examine such letters
persons authorized by sections 3210-3216 and 3218 of this title
or mail and to obtain delivery of mail which is clearly not con-
to transmit matter through the mail without prepayment of post-
nected with activity alleged to be in violation of section 3010 of
age or other indicia contemplated by sections 733 and 907 of title
this title.
44;
82 Stat. 1253,
Agent or repre-
(b) The statement that remittances may be made to a person named
1259.
(4) 'franked mail' means mail which is transmitted in the mail
sentative.
in a sexually oriented advertisement is prima facie evidence that such
under a frank and
named person is the principal, agent, or representative of the mailer
(5) 'Members of Congress' includes Senators, Representatives,
for the receipt of remittances on his behalf. The court is not precluded
Delegates, and Resident Commissioners.
from ascertaining the existence of the agency on the basis of any other
evidence.
3202. Penalty mail
Temporary re-
"(c) In preparation for, or during the pendency of, a civil action
(a) Subject to the limitations imposed by sections 3204 and 3207
straining
under subsection (a) of this section, a district court of the United
of this title, there may be transmitted as penalty mail-
order.
States, upon application therefor by the Attorney General and upon a
(1) official mail of-
showing of probable cause to believe the statute is being violated, may
(A) officers of the Government of the United States other
enter a temporary restraining order or preliminary injunction con-
than Members of Congress;
taining such terms as the court deems just, including, but not limited
(B) the Smithsonian Institution;
to, provisions enjoining the defendant from mailing any sexually
(C) the Pan American Union;
oriented advertisement to any person or class of persons, directing any
(D) the Pan American Sanitary Bureau;
postmaster to refuse to accept such defendant's sexually oriented ad-
(E) the United States Employment Service and the sys-
vertisements for mailing, and directing the detention of the defend-
tem of employment offices operated by it in conformity with
ant's incoming mail by any postmaster pending the conclusion of the
the provisions of sections 49-49c, 49d, 49e-49k of title 29, 48 Stat. 113;
judicial proceedings. Any action taken by a court under this subsection
and all State employment systems which receive funds appro- 64 Stat. 822.
does not affect or determine any fact at issue in any other proceeding
priated under authority of those sections; and
under this section.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 34 -
August 12, 1970
August 12, 1970
- 35 -
Pub. Law 91-375
84 STAT. 753
84 STAT. 752
"(7) announcements of the publication of maps, atlases, and
(F) any college officer or other person connected with
statistical and other reports offered for sale by the Federal Power
the extension department of the college as the Secretary of
Commission as authorized by section 825k of title 16; or
49 Stat. 859.
Agriculture may designate to the Postal Service to the extent
(8) articles or documents to educational institutions or public
that the official mail consists of correspondence, bulletins,
libraries, or to Federal, State, or other public authorities.
and reports for the furtherance of the purpose of sections
67 Stat. 83;
341-343 and 344-348 of title 7;
"§ 3205. Accounting for penalty covers
76 Stat. 745.
"(2) mail relating to naturalization to be sent to the Immigra-
"Executive departments and agencies, independent establishments
tion and Naturalization Service by clerks of courts addressed to
of the Government of the United States, and organizations and persons
the Department of Justice or the Immigration and Naturaliza-
authorized by law to use penalty mail, shall account for all penalty
tion Service, or any official thereof,
covers through the Postal Service.
"(3) mail relating to a collection of statistics, survey, or census
"§ 3206. Reimbursement for penalty mail service
68 Stat. 1015.
authorized by title 13 and addressed to the Department of Com-
13 USC 41 et
merce or a bureau or agency thereof;
(a) Except as provided in subsections (b) and (c) of this section,
seq.
"(4) mail of State agriculture experiment stations pursuant to
executive departments and agencies, independent establishments of
the Government of the United States, and Government corporations
26 Stat. 418;
sections 325 and 361f of title 7; and
"(5) articles for copyright deposited with postmasters and
concerned, shall transfer to the Postal Service as postal revenue out
69 Stat. 673.
addressed to the Register of Copyrights pursuant to section 15
of any appropriations or funds available to them, as a necessary ex-
61 Stat. 657.
of title 17.
pense of the appropriations or funds and of the activities concerned,
(b) A department or officer authorized to use penalty covers may
the equivalent amount of postage due, as determined by the Postal
enclose them with return address to any person from or through
Service, for matter sent in the mails by or to them as penalty mail
whom official information is desired. The penalty cover may be used
under authority of section 3202 of this title.
only to transmit the official information and endorsements relating
"(b) The Department of Agriculture shall transfer to the Postal
thereto.
Service as postal revenues out of any appropriations made to it for
(c) This section does not apply to officers who receive a fixed
that purpose the equivalent amount of postage, as determined by the
allowance as compensation for their services including expenses of
Postal Service, for penalty mailings under clauses (1) (F) and (4)
postage.
of section 3202 (a) of this title.
"(c) The Library of Congress shall transfer to the Postal Service
"§ 3203. Endorsements on penalty covers
as postal revenues out of any appropriations made to the Library for
"(a) Except as otherwise provided in this section, penalty covers
that purpose the equivalent amount of postage, as determined by the
shall bear, over the words 'Official Business' an endorsement showing
Postal Service, for penalty mailings under clause (5) of section
the name of the department, bureau, or office from which, or officer
3202(a) of this title.
from whom, it is transmitted. The penalty for the unlawful use of
3207. Limit of weight of penalty mail; postage on overweight
all penalty covers shall be printed thereon.
(b) The Postal Service shall prescribe the endorsement to be
matter
placed on covers mailed under clauses (1) (E), (2), and (3) of sec-
"(a) Penalty mail is restricted to articles not in excess of the weight
tion 3202(a) of this title.
and size prescribed for that class of mail receiving high priority in
handling and delivery, except-
3204. Restrictions on use of penalty mail
"(1) stamped paper and supplies sold or used by the Postal
"(a) Except as otherwise provided in this section, an officer, execu-
Service; and
tive department, or independent establishment of the Government
"(2) books and documents published or circulated by order of
of the United States may not mail, as penalty mail, any article or
Congress when mailed by the Superintendent of Documents.
document unless—
(b) A penalty mail article which is-
"(1) a request therefor has been previously received by the de-
"(1) over 4 pounds in weight;
partment or establishment: or
(2) not in excess of the weight and size prescribed for mail
"(2) its mailings is required by law
matter; and
(b) Subsection (a) of this section does not prohibit the mailing,
"(3) otherwise mailable;
as penalty mail, by an officer, executive department, or independent
is mailable at rates for that class of mail entitled to the lowest priority
agency of
(1) enclosures reasonably related to the subject matter of of-
in handling and delivery, even though it may include written matter
ficial correspondence:
and may be sealed.
"(2) informational releases relating to the census of the United
"§ 3208. Shipment by most economical means
States and authorized by title 13:
"Shipments of official matter other than franked mail shall be sent
(3) matter concerning the sale of Government securities;
by the most economical means of transportation practicable. The
"(4) forms, blanks, and copies of statutes, rules, regulations,
Postal Service may refuse to accept official matter for shipment by
instructions, administrative orders, and interpretations necessary
mail when in its judgment it may be shipped by other means at less
in the administration of the department or establishment:
expense, or it may provide for its transportation by freight or express
"(5) agricultural bulletins:
whenever a saving to the Government of the United States will result
"(6) lists of public documents offered for sale by the Superin-
therefrom without detriment to the public service.
tendent of Documents:
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
August 12, 1970
- 37 -
Pub. Law 91-375
Pub. Law 91-375
- 36
84 STAT. 755
84 STAT. 754
sent by the surviving spouse of a Member under section 3218 of this
"§ 3209. Executive departments to supply information
title, shall be paid by a lump-sum appropriation to the legislative
"Persons and governmental organizations authorized to use penalty
branch for the purpose, and then paid to the Postal Service as postal
mail shall supply all information requested by the Postal Service nec-
revenue.
essary to carry out the provisions of this chapter as soon as practi-
"(b) The postage on mail matter sent through the mails under the
cable after request therefor.
franking privilege by former Presidents shall be paid by reimburse-
ment of the postal revenues each fiscal year out of the general funds
"§ 3210. Official correspondence of Vice President and Members
of the Treasury in an amount equivalent to the postage which would
of Congress
otherwise be payable on the mail matter.
"The Vice President, Members, and Members-elect of Congress,
Secretary of the Senate, Sergeant at Arms of the Senate, Clerk of
"§ 3217. Correspondence of members of diplomatic corps and
the House of Representatives, and Sergeant at Arms of the House of
consuls of countries of Postal Union of Americas and
Representatives, until the thirtieth day of June following the expira-
Spain
tion of their respective terms of office, may send as franked mail-
"Correspondence of the members of the diplomatic corps of the
(1) matter, not exceeding 4 pounds in weight, upon official
countries of the Postal Union of the Americas and Spain stationed
or departmental business, to a Government official; and
in the United States may be reciprocally transmitted in the domestic
(2) correspondence, not exceeding 4 ounces in weight, upon
mails free of postage, and be entitled to free registration without right
official business to any person.
to indemnity in case of loss. The same privilege is accorded consuls
In the event of a vacancy in the office of the Secretary of the Senate,
and vice consuls when they are discharging the function of consuls
Sergeant at Arms of the Senate, Clerk of the House of Representa-
of countries stationed in the United States, for official correspondence
tives, or Sergeant at Arms of the House of Representatives, any
among themselves, and with the Government of the United States.
authorized person may exercise this privilege in the officer's name
3218. Franked mail for surviving spouses of Members of
during the period of the vacancy.
Congress
"§ 3211. Public documents
"Upon the death of a Member of Congress during his term of office,
"The Vice President, Members of Congress, the Secretary of the
the surviving spouse of such Member may send, for a period not to
Senate, the Sergeant at Arms of the Senate, the Clerk of the House
exceed 180 days after his death, as franked mail, correspondence
of Representatives, and the Sergeant at Arms of the House of Rep-
relating to the death of the Member.
resentatives, until the thirtieth day of June following the expiration
of their respective terms of office, may send and receive as franked
"Chapter 34.-ARMED FORCES AND FREE POSTAGE
mail all public documents printed by order of Congress.
"Sec.
"§ 3212. Congressional Record under frank of Members of
"3401. Mailing privileges of members of Armed Forces of the United States and
Congress
of friendly foreign nations.
"3402. Mailing privileges of members of Armed Forces of the United States and
'Members of Congress may send as franked mail the Congressional
of friendly foreign nations in the Canal Zone.
Record, or any part thereof, or speeches or reports therein contained.
"3403. Matter for blind and other handicapped persons.
"3404. Unsealed letters sent by blind or physically handicapped persons.
"§ 3213. Seeds and reports from Department of Agriculture
"3405. Markings.
"Seeds and agricultural reports emanating from the Department
3401. Mailing privileges of members of Armed Forces of the
of Agriculture may be mailed-
United States and of friendly foreign nations
(1) as penalty mail by the Secretary of Agriculture; and
"(2) until the thirtieth day of June following the expiration
(a) Letter mail or sound-recorded communications having the
character of personal correspondence shall be carried, at no cost to the
of their terms of office, as franked mail by Members of Congress.
sender, in the manner provided by this section, when mailed by-
"§ 3214. Mailing privilege of former Presidents
(1) a member of the Armed Forces of the United States on
"A former President may send all his mail within the United States
active duty, as defined in section 101 (4) and (22) of title 10, 5. 70A Stat. 3,
and its territories and possessions as franked mail.
and addressed to a place within the delivery limits of a United
States post office, if-
"§ 3215. Lending or permitting use of frank unlawful
(A) such letter mail or sound-recorded communication is
"A person entitled to use a frank may not lend it or permit its use
mailed by the member at an Armed Forces post office estab-
by any committee, organization, or association, or permit its use by
lished in an overseas area, as designated by the President,
any person for the benefit or use of any committee, organization, or
where the Armed Forces of the United States are engaged in
association. This section does not apply to any committee composed of
action against an enemy of the United States, engaged in
Members of Congress.
military operations involving armed conflict with a hostile
3216. Reimbursement for franked mailings
foreign force, or serving with a friendly foreign force in an
armed conflict in which the United States is not a belligerent;
"(a) The postage on mail matter sent and received through the
mails under the franking privilege by the Vice President, Members
or
and Members-elect of Congress, the Secretary of the Senate, Sergeant
(B) the member is hospitalized in a facility under the
at Arms of the Senate, Clerk of the House of Representatives, and
jurisdiction of the Armed Forces of the United States as a
result of disease or injury incurred as a result of service in
the Sergeant at Arms of the House of Representatives, including
registry fees if registration is required, and postage on correspondence
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 38 -
August 12, 1970
August 12, 1970
- 39 -
Pub. Law 91-375
84 STAT. 756
84 STAT. 757
an overseas area designated by the President under clause
bined, including surface-type official mail, which are mailed at or
(A) of this paragraph; or
addressed to any such Armed Forces post office where adequate sur-
"(2) a member of an armed force of a friendly foreign nation
face transportation is not available.
at an Armed Forces post office and addressed to a place within the
delivery limits of a United States post office, or a post office of the
Whenever adequate service by scheduled United States air carriers
nation in whose armed forces the sender is a member, if-
is not available to provide transportation of mail matter by air in
"(A) the member is accorded free mailing privileges by
accordance with this subsection, the transportation of such mail may
his own government:
be authorized by other than scheduled United States air carriers.
"(B) the foreign nation extends similar free mailing privi-
"(c) The Department of Defense shall transfer to the Postal
leges to a member of the Armed Forces of the United States
Service as postal revenues, out of any appropriations or funds avail-
serving with, or in, a unit under the control of a command
able to the Department of Defense, as a necessary expense of the
of that foreign nation:
appropriations or funds and of the activities concerned, the equivalent
"(C) the member is serving with, or in, a unit under the
amount of postage due, as determined by the Postal Service, for matter
operational control of a command of the Armed Forces of
sent in the mails under authority of subsection (a) of this section.
the United States:
(d) The Department of Defense shall transfer to the Postal Serv-
(D) such letter mail or sound-recorded communication is
ice as postal revenues, out of any appropriations or funds available
mailed by the member-
to the Department of Defense, as a necessary expense of the appropri-
(i) at an Armed Forces post office established in an
ations or funds and of the activities concerned, sums equal to the
overseas area, as designated by the President, where the
expenses incurred by the Postal Service, as determined by the Postal
Armed Forces of the United States are engaged in action
Service, in providing air transportation for mail mailed at or ad-
against an enemy of the United States, engaged in mili-
dressed to Armed Forces post offices established under section 406 of
tary operations involving armed conflict with a hostile
this title, but reimbursement under this subsection shall not include
foreign force, or serving with a friendly foreign force
the expense of air transportation (1) for which the Postal Service
in an armed conflict in which the United States is not
collects a special charge to the extent the special charge covers the
a belligerent; or
additional expense of air transportation or (2) that is provided by
"(ii) while hospitalized in a facility under the juris-
the Postal Service at the same postage rate or charge for mail which
diction of the Armed Forces of the United States as a
is neither mailed at nor addressed to an Armed Forces post office.
result of disease or injury incurred as a result of services
(e) This section shall be administered under such conditions, and
in an overseas area designated by the President under
under such regulations, as the Postal Service and the Secretary of
clause (D) (i) of this paragraph; and
Defense jointly may prescribe.
"(E) the nation in whose armed forces the sender is a
3402. Mailing privileges of members of Armed Forces of the
member has agreed to assume all international postal trans-
United States and of friendly foreign nations in the
portation charges incurred.
Canal Zone
(b) There shall be transported by air, between Armed Forces
"(a) For the purpose of section 3401 of this title, each post office
post offices which are located outside the 48 contiguous States of the
in the Canal Zone postal service, to the extent that it provides mail
United States or between any such Armed Forces post office and the
service for members of the Armed Forces of the United States and
point of embarkation or debarkation within the United States, the
of friendly foreign nations, shall be considered to be an Armed Forces
territories and possessions of the United States in the Pacific area,
post office established in an overseas area.
the Commonwealth of Puerto Rico, the Virgin Islands, or the Canal
"(b) The Department of Defense shall reimburse the postal service
Zone, on a space available basis, on scheduled United States air car-
of the Canal Zone, out of any appropriations or funds available to
riers at rates fixed and determined by the Civil Aeronautics Board
the Department of Defense, as a necessary expense of the appropria-
72 Stat. 763;
in accordance with section 1376 of title 49, the following categories
tions or funds and of the activities concerned, the equivalent amount
80 Stat. 942.
of mail matter:
of postage due, and sums equal to the expenses incurred by, the postal
"(1) (A) letter mail or sound-recorded communications having
service of the Canal Zone, as determined by the Governor of the Canal
the character of personal correspondence: and
Zone, for matter sent in the mails, and in providing air transportation
"(B) parcels not exceeding 5 pounds in weight and 60 inches
of mail, under section 3401 of this title.
in length and girth combined:
"§ 3403. Matter for blind and other handicapped persons
which are mailed at or addressed to any such Armed Forces post office:
"(2) publications (entitled to a periodical publication rate,
"(a) The matter described in subsection (b) of this section (other
published once each week or more frequently, and featuring prin-
than matter mailed under section 3404 of this title) may be mailed
cipally current news of interest to members of the Armed Forces
free of postage, if-
and the general public) which are mailed at or addressed to any
(1) the matter is for the use of the blind or other persons
such Armed Forces post office (A) in an overseas area designated
who cannot use or read conventionally printed material because
by the President under subsection (a of this section, or (B) in
of a physical impairment and who are certified by competent
an isolated, hardship, or combat support area overseas, or where
authority as unable to read normal reading material in accord-
adequate surface transportation is not available: and
ance with the provisions of sections 135a and 135b of title 2;
.80 Stat. 330.
(3) parcels exceeding 5 pounds but not exceeding 70 pounds
"(2) no charge, or rental, subscription, or other fee, is required
in weight and not exceeding 100 inches in length and girth com-
for such matter or a charge, or rental, subscription, or other fee
is required for such matter not in excess of the cost thereof;
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
40 -
August 12, 1970
August 12, 1970
41
Pub. Law 91-375
84 STAT. 758
84 STAT. 759
(3) the matter may be opened by the Postal Service for inspec-
"SUBCHAPTER I-POSTAL RATE COMMISSION
tion: and
(4) the matter contains no advertising.
3601. Establishment
(b) The free mailing privilege provided by subsection (a) of this
"There is established. as an independent establishment of the execu-
section is extended to-
tive branch of the Government of the United States, the Postal Rate
(1) reading matter and musical scores;
Commission composed of 5 Commissioners appointed by the President,
(2) sound reproductions;
not more than 3 of whom may be adherents of the same political
(3) paper, records, tapes, and other material for the produc-
party One of the Commissioners shall be designated as Chairman by,
tion of reading matter, musical scores, or sound reproductions;
and shall serve in the position of Chairman at the pleasure of, the
(1) reproducers or parts thereof, for sound reproductions;
President. The Commissioners shall be chosen on the basis of their
and
professional qualifications and may be removed only in accordance with
(5) braille writers, typewriters, educational or other materials
80 Stat. 528.
section 7521 of title 5.
or devices, or parts thereof, used for writing by, or specifically
designed or adapted for use of, a blind person or a person having
3602. Terms of office
a physical impairment as described in subsection (a) (1) of this
"The Commissioners of the Postal Rate Commission shall serve for
section.
terms of 6 years except that-
3404. Unsealed letters sent by blind or physically handicapped
"(1) the terms of the Commissioners first taking office shall ex-
pire as designated by the President at the time of appointment, 1
persons
at the end of 2 years, 2 at the end of 4 years, and 2 at the end of
nsealed letters sent by a blind person or a person having a physi-
6 years, following the appointment of the first of them; and
cal impairment, as described in section 3403(a) (1) of this title, in
"(2) any Commissioner appointed to fill a vacancy occurring
raised characters or sightsaving type, or in the form of sound record-
before the expiration of the term for which his predecessor was
ings, may be mailed free of postage.
appointed shall serve for the remainder of such term.
3405. Markings
3603. Rules; regulations; procedures
"All matter relating to blind or other handicapped persons mailed
"The Postal Rate Commission shall promulgate rules and regula-
under section 3403 or 3404 of this title, shall bear the words 'Free
tions and establish procedures, subject to chapters 5 and 7 of title 5, 80 Stat. 381,
Matter for the Blind or Handicapped', or words to that effect specified
and take any other action they deem necessary and proper to carry 392; 81 Stat.
by the Postal Service, in the upper right-hand corner of the address
out their functions and obligations to the Government of the United 195.
area.
States and the people as prescribed under this chapter. Such rules, 5 USC 500,
"Chapter 36.-POSTAL RATES, CLASSES, AND
regulations, procedures, and actions shall not be subject to any change
701.
SERVICES
or supervision by the Postal Service.
3604. Administration
'SUBCHAPTER I-POSTAL RATE COMMISSION
"Sec.
"(a) The Chairman of the Postal Rate Commission shall have the
'3601. Establishment.
administrative responsibility for assigning the business of the Com-
3602. Terms of office.
3603. Rules regulations: procedures.
mission to the other Commissioners and to the officers and employees
3604. Administration.
of the Commission. All final acts of the Commissioners shall be by a
vote of an absolute majority thereof.
SUBCHAPTER I-PERMANENT RATES AND CLASSES OF MAIL
"(b) The Commission may obtain such facilities and supplies, and
'3621. Authority to fix rates and classes.
appoint and fix the compensation of such officers and employees, as
3622. Rates and fees.
may be necessary to permit the Commission to carry out its functions.
"3623. Mail classification.
The officers and employees SO appointed (1) shall be paid at rates
3624. Recommended decisions of Commission.
3625. Action of the Governors.
of compensation, and shall be entitled to programs offering employee
3626. Reduced rates.
benefits, established under chapter 10 or 12 of this title, as appropri-
Ante, pp. 728,
"3627. Adjusting free and reduced rates.
ate, and (2) shall be responsible solely to the Commissioners.
733.
"3628. Appellate review.
"(c) (1) The Commission shall periodically prepare and submit
"SUBCHAPTER ILI-TEMPORARY RATES AND CLASSES
to the Postal Service a budget of the Commission's expenses, including
but not limited to expenses for facilities, supplies, compensation, and
"3641. Temporary changes in rates and classes.
employee benefits, The budget shall be considered approved-
'SUBCHAPTER IV-POSTAL SERVICES AND COMPLAINTS
(A) as submitted if the Governors fail to act in accordance
with clause (B) of this paragraph; or
"3661. Postal services.
(B) as adjusted if the Governors holding office, by unanimous
"3662. Rate and service complaints.
written decision, adjust the total amount of money requested in
'SUBCHAPTER V-GENERAL
the budget.
3681. Reimbursement.
"3682. Size and weight limits.
Clause (B) shall not be construed to authorize the Governors to adjust
"3683. Uniform rates for books; films; other materials.
any item included within the budget.
"3684. Limitations.
3685. Filing of information relating to periodical publications.
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
- 43 -
Pub. Law 91-375
- 42 -
August 12, 1970
Pub. Law 91-375
84 STAT. 761
84 STAT. 760
(7) simplicity of structure for the entire schedule and simple,
"(2) Expenses incurred under any budget approved under para-
identifiable relationships between the rates or fees charged the
graph (1) of this subsection shall be paid out of the Postal Service
various classes of mail for postal services; and
Ante, p. 739.
Fund established under section 2003 of this title.
"(d) The provisions of section 410 and chapter 10 of this title
"(8) such other factors as the Commission deems appropriate.
Ante, pp. 725,
728.
shall apply to the Commission, as appropriate.
3623. Mail classification
"(a) Within 2 years after the effective date of this subchapter, the
SUBCHAPTER II-PERMANENT RATES AND CLASSES
Postal Service shall request the Postal Rate Commission to make a
OF MAIL
recommended decision on establishing a mail classification schedule in
accordance with the provisions of this section.
3621. Authority to fix rates and classes
"(b) Following the establishment of the mail classification schedule
"Except as otherwise provided, the Governors are authorized to
requested under subsection (a) of this section, the Postal Service may
establish reasonable and equitable classes of mail and reasonable and
from time to time request that the Commission submit, or the Com-
equitable rates of postage and fees for postal services in accordance
mission may submit to the Postal Service on its own initiative, a
with the provisions of this chapter. Postal rates and fees shall be
recommended decision on changes in the mail classification schedule.
reasonable and equitable and sufficient to enable the Postal Service
'(c) The Commission shall make a recommended decision on estab-
under honest, efficient, and economical management to maintain and
lishing or changing the schedule in accordance with the policies of this
continue the development of postal services of the kind and quality
title and the following factors:
adapted to the needs of the United States. Postal rates and fees shall
"(1) the establishment and maintenance of a fair and equitable
provide sufficient revenues SO that the total estimated income and ap-
classification system for all mail;
propriations to the Postal Service will equal as nearly as practicable
"(2) the relative value to the people of the kinds of mail
total estimated costs of the Postal Service. For purposes of this sec-
matter entered into the postal system and the desirability and
tion, 'total estimated costs' shall include (without limitation) operat-
justification for special classifications and services of mail;
mg expenses, depreciation on capital facilities and equipment, debt
"(3) the importance of providing classifications with ex-
service (including interest, amortization of debt discount and expense,
tremely high degrees of reliability and speed of delivery;
and provision for sinking funds or other retirements of obligations to
"(4) the importance of providing classifications which do not
the extent that such provision exceeds applicable depreciation
require an extremely high degree of reliability and speed of
charges), and a reasonable provision for contingencies.
delivery;
"(5) the desirability of special classifications from the point
3622. Rates and fees
of view of both the user and of the Postal Service; and
"(a) From time to time the Postal Service shall request the Postal
"(6) such other factors as the Commission may deem ap-
Rate Commission to submit a recommended decision on changes in a
rate or rates of postage or in a fee or fees for postal services if the
"(d) propriate. The Postal Service shall maintain one or more classes of mail
Postal Service determines that such changes would be in the public
for the transmission of letters sealed against inspection. The rate for
interest and in accordance with the policies of this title. The Postal
each such class shall be uniform throughout the United States, its
Service may submit such suggestions for rate adjustments as it deems
territories, and possessions. One such class shall provide for the most
suitable.
expeditious handling and transportation afforded mail matter by the
"(b) Upon receiving a request, the Commission shall make a recom-
Postal Service. No letter of such a class of domestic origin shall be
mended decision on the request for changes in rates or fees in each
opened except under authority of a search warrant authorized by
class of mail or type of service in accordance with the policies of this
law, or by an officer or employee of the Postal Service for the sole pur-
title and the following factors:
pose of determining an address at which the letter can be delivered,
(1) the establishment and maintenance of a fair and equitable
or pursuant to the authorization of the addressee.
schedule;
(2) the value of the mail service actually provided each class
"§ 3624. Recommended decisions of Commission
or type of mail service to both the sender and the recipient, in-
"(a) The Postal Rate Commission shall promptly consider a re-
cluding but not limited to the collection, mode of transportation,
quest made under section 3622 or 3623 of this title, except that the
Commission shall not recommend a decision until the opportunity for
and priority of delivery;
(3) the requirement that each class of mail or type of mail
a hearing on the record under sections 556 and 557 of title 5 has been 80
Stat. 386.
service bear the direct and indirect postal costs attributable to
accorded to the Postal Service, users of the mails, and an officer of the
that class or type plus that portion of all other costs of the Postal
Commission who shall be required to represent the interests of the
Service reasonably assignable to such class or type;
general public.
"(4) the effect of rate increases upon the general public, busi-
"(b) In order to conduct its proceedings with utmost expedition
ness mail users, and enterprises in the private sector of the
consistent with procedural fairness to the parties, the Commission may
economy engaged in the delivery of mail matter other than
(without limitation) adopt rules which provide for-
"(1) the advance submission of written direct testimony;
letters;
"(5) the available alternative means of sending and receiving
"(2) the conduct of prehearing conferences to define issues, and
letters and other mail matter at reasonable costs;
for other purposes to insure orderly and expeditious proceedings;
"(6) the degree of preparation of mail for delivery into the
"(3) discovery both from the Postal Service and the parties to
postal system performed by the mailer and its effect upon reducing
the proceedings;
costs to the Postal Service;
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
- 45 -
Pub. Law 91-375
Pub. Law 91-375
- 44 -
August 12, 1970
84 STAT. 763
84 STAT. 762
date of the first rate decision applicable to that class or kind,
(1) limitation of testimony: and
exceed the direct and indirect postal costs attributable to mail of
(5) the conduct of the entire proceedings off the record with
such class or kind (excluding all other costs of the Postal Serv-
the consent of the parties.
ice) and
(c) The Commission shall transmit its recommended decision in a
(2) the rates for mail under sect 4359, 4421, 4422, 452(a),
rate, fee, or classification matter to the Governors. The recommended
and 4554 (a) shall be equal, on and after the first day of the fifth 81 Stat. 617-
decision shall include a statement specifically responsive to the criteria
year following the effective date of the first rate decision appli- 620; 74
Stat.
established under section 3622 or 3623, as the case may be.
cable to that class or kind, to the rates that would have been in 672.
effect for such mail if this subsection had not been enacted.
"§ 3625. Action of the Governors
"(a) Upon receiving a recommended decision from the Postal Rate
No person who would have been entitled to mail matter under former
('ommission, the Governors may approve, allow under protest, reject,
section 4359 of this title shall mail such matter at the rates provided
or modify that decision in accordance with the provisions of this
under this subsection unless he files annually with the Postal Service
a written request for permission to mail matter at such rates.
section. (b) The Governors may approve the recommended decision and
3627. Adjusting free and reduced rates
order the decision placed in effect.
"If Congress fails to appropriate an amount authorized under sec-
(c) The Governors may, under protest, allow a recommended de-
tion 2401 (c) of this title for any class of mail sent at a free or reduced Ante, p. 743.
cision of the Commission to take effect and (1) seek judicial review
rate under section 3217, 3403-3405, or 3626 of this title, or under the
thereof under section 3628 of this title, or (2) return the recommended
Federal Voting Assistance Act of 1955, the rate for that class may 69 Stat. 584;
decision to the Commission for reconsideration and a further recom-
be adjusted in accordance with the provisions of this subchapter SO 82 Stat 181.
mended decision, which shall be acted upon under this section and
that the increased revenues received from the users of such class will 50 USC 1451.
subject to review in accordance with section 3628 of this title.
equal the amount for that class that the Congress was to appropriate.
"(d) The Governors may reject the recommended decision of the
Commission and the Postal Service may resubmit its request to the
3628. Appellate review
Commission for reconsideration. Upon resubmission, the request shall
"A decision of the Governors to approve, allow under protest, or
be reconsidered, and a further recommended decision of the Commis-
modify the recommended decision of the Postal Rate Commission
sion shall be acted upon under this section and subject to review in ac-
may be appealed to any court of appeals of the United States, within
cordance with section 3268 of this title. However, with the unanimous
15 days fter its publication by the Public Printer, by an aggrieved
written concurrence of all of the Governors then holding office, the
party who appeared in the proceedings under section 3624(a) of this
Governors may modify any such further recommended decision of
title. The court shall review the decision, in accordance with section
the Commission under this subsection if the Governors expressly find
706 of title 5, and chapter 158 and section 2112 of title 28, except 80 Stat. 393,
that (1) such modification is in accord with the record and the policies
as otherwise provided in this section, on the basis of the record before 622.
of this chapter, and (2) the rates recommended by the Commission
the Commission and the Governors. The court may affirm the decision 28 USC 2341.
or order that the entire matter be returned for further consideration,
72 Stat. 941;
are not adequate to provide sufficient total revenues so that total esti-
mated income and appropriations will equal as nearly as practicable
but the court may not modify the decision. The court shall make the
80 Stat. 1323.
matter a preferred cause and shall expedite judgment in every way.
estimated total costs.
"(e) The decision of the Governors to approve, allow under protest,
The court may not suspend the effectiveness of the changes, or other-
reject, or modify a recommended decision of the Commission shall be
wise prevent them from taking effect until final disposition of the
in writing and shall include an estimate of anticipated revenue and a
suit by the court, No court shall have jurisdiction to review a decision
statement of explanation and justification. The decision, the record
made by the Commission or Governors under this chapter except as
of the Commission's hearings, and the Commission's recommended de-
provided in this section.
cision shall be made generally available at the time the decision is
issued and shall be printed and made available for sale by the Public
"SUBCHAPTER IHI-TEMPORARY RATES AND CLASSES
Printer within 10 days following the day the decision is issued.
3641. Temporary changes in rates and classes
(f) The Board shall determine the date on which the new rates,
fees, the mail classification schedule, and changes in such schedule
"(a) If the Postal Rate Commission does not transmit to the
under this subchapter shall become effective.
Governors within 90 days after the Postal Service has submitted, or
within 30 days after the Postal Service has resubmitted, to the Com-
3626. Reduced rates
mission a request for a recommended decision on a change in rates
If the rates of postage for any class of mail or kind of mailer
of postage or in fees for postal services, or on a change in the mail
under former sections 4358, 4359, 4421, 4422, 4452, or 4554 of this
classification schedule after such schedule is established under sec-
title, as such rates existed on the effective date of this subchapter, are,
tion 3623 of this title the Postal Service, upon 10 days' notice in the Publication
in
81 Stat. 615-
620; 74 Stat.
on the effective date of the first rate decision under this subchapter
Federal Register, may place into effect temporary changes in rates
Federal Register.
672.
affecting that class or kind, less than the rates established by such
of postage, in fees for postal service, or in the mail classification
decision, a separate rate schedule shall be adopted for that class or
schedule it considers appropriate to carry out the provisions of this
kind effective each time rates are established or changed under this
title. Any temporary change shall be effective for a period ending
subchapter, with annual increases as nearly equal as practicable, SO
not later than 30 days after the Commission has transmitted its
that-
recommended decision to the Governors.
(1) the revenues received from rates for mail under former
(b) If, under section 3628 of this title, a court orders a matter re-
sections 4358, 4452 (b) and (c), and 4554 (b) and (c) shall not,
turned to the Commission for further consideration, the Postal Serv-
on and after the first day of the tenth year following the effective
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 46 -
August 12, 1970
August 12, 1970
- 47 -
Pub. Law 91-375
84 STAT. 764
84 STAT. 765
ice, with the consent of the Commission, may place into effect tempo-
3682. Size and weight limits
rary changes in rates of postage, in fees for postal services, or in the
'(a) Except as provided in subsection (b) of this section-
mail classification schedule.
"(1) the maximum weight of mail other than letter mail is
(c) A rate of postage for a class of mail or a fee for a postal serv-
40 pounds; and
ice under a temporary change under this section may not exceed the
(2) the maximum size is-
lesser of (1) the rate or fee requested for such class or service, or (2)
(A) 78 inches in girth and length combined before July 1,
a rate or fee which is more than one-third greater than the permanent
1971; and
rate or fee in effect for that class or service at the time a permanent
(B) 84 inches in girth and length combined on and after
change in the rate or fee of such class or service is requested under
July 1, 1971.
section 3622 of this title.
(b) The maximum size on mail, other than letter mail, is 100
inches in girth and length combined, and the maximum weight is 70
"SUBCHAPTER IV-POSTAL SERVICES
pounds if the mail-
AND COMPLAINTS
(1) is mailed at, or addressed for delivery at, other than first-
class post offices or on rural or star routes, as such offices and
"§ 3661. Postal services
routes existed on the day prior to the effective date of this section,
(a) The Postal Service shall develop and promote adequate and
as determined by the Postal Service;
efficient postal services.
(2) contains baby fowl, live plants, trees, shrubs, or agricul-
(b) When the Postal Service determines that there should be a
tural commodities but not the manufactured products of those
change in the nature of postal services which will generally affect serv-
commodities;
ice on a nationwide or substantially nationwide basis, it shall submit
"(3) would have been entitled to be mailed under former sec-
a proposal, within a reasonable time prior to the effective date of such
tion 4554 of this title;
76 Stat. 445;
proposal, to the Postal Rate Commission requesting an advisory
"(4) is addressed to or mailed at any Armed Forces post office
81 Stat. 619,
opinion on the change.
outside the 50 States; or
620.
"(c) The Commission shall not issue its opinion on any proposal
(5) is addressed to or mailed in the Commonwealth of Puerto
until an opportunity for hearing on the record under sections 556
Rico, the States of Alaska and Hawaii, or a possession of the
80 Stat. 386.
and 557 of title 5 has been accorded to the Postal Service, users of the
United States including the Canal Zone and the Trust Territory
mail, and an officer of the Commission who shall be required to repre-
of the Pacific Islands.
sent the interests of the general public. The opinion shall be in writing
(c) The Postal Service may establish size and weight limitations
and shall include a certification by each Commissioner agreeing with
for letter mail in the same manner as prescribed for changes in classi-
the opinion that in his judgment the opinion conforms to the policies
fication under subchapter II of this chapter.
established under this title.
Ante, p. 760.
"§ 3683. Uniform rates for books; films; other materials
"§ 3662. Rate and service complaints
"Notwithstanding any other provision of this title, the rates of post-
"Interested parties who believe the Postal Service is charging rates
age established for mail matter enumerated in former section 4554
which do not conform to the policies set out in this title or who believe
of this title shall be uniform for such mail of the same weight, and
that they are not receiving postal service in accordance with the poli-
shall not vary with the distance transported.
cies of this title may lodge a complaint with the Postal Rate Commis-
sion in such form and in such manner as it may prescribe. The Com-
"§ 3684. Limitations
mission may in its discretion hold hearings on such complaint. If the
"Except as provided in section 3627 of this title, no provision of
Commission, in a matter covered by subchapter II of this chapter,
this chapter shall be construed to give authority to the Governors to
determines the complaint to be justified, it shall, after proceedings in
make any change in any provision of section 3682 or 3683 or chapter
conformity with section 3624 of this title, issue a recommended deci-
30, 32, or 34 of this title, or of the Federal Voting Assistance Act of Ante, pp. 745-
sion which shall be acted upon in accordance with the provisions of
1955.
755.
section 3625 of this title and subject to review in accordance with the
"§ 3685. Filing of information relating to periodical publications
69 Stat. 584;
provisions of section 3628 of this title. If a matter not covered by sub-
82 Stat. 181.
chapter II of this chapter is involved, and the Commission after hear-
"(a) Each owner of a publication having periodical publication 50 USC 1451.
ing finds the complaint to be justified, it shall render a public report
mail privileges shall furnish to the Postal Service at least once a year,
thereon to the Postal Service which shall take such action as it deems
and shall publish in such publication once a year, information in such
appropriate.
form and detail and at such time as the Postal Service may require
"SUBCHAPTER V-GENERAL
with respect to-
(1) the identity of the editor, managing editor, publishers,
3681. Reimbursement
and owners;
"No mailer may be reimbursed for any amount paid under any rate
"(2) the identity of the corporation and stockholders thereof,
or fee which, after such payment, is determined to have been unlawful
if the publication is owned by a corporation;
after proceedings in accordance with the provisions of section 3628 of
(3) the identity of known bondholders, mortgagees, and other
this title, or is superseded by a lower rate or fee established under sub-
security holders;
chapter II of this chapter.
"(4) the extent and nature of the circulation of the publication,
including, but not limited to, the number of copies distributed, the
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
48 -
August 12, 1970
August 12, 1970
- 49 -
Pub. Law 91-375
84 STAT. 767
84 STAT. 766
methods of distribution, and the extent to which such circulation
(+) public roads, highways, and toll roads during the time
is paid in whole or in part; and
the mail is carried thereon and
(5) such other information as the Postal Service may deem
(5) letter-carrier routes established for the collection and
necessary to determine whether the publication meets the stand-
delivery of mail.
ards for periodical publication mail privileges.
5004. Discontinuance of service on post roads
The Postal Service shall not require the names of persons owning less
"The Postal Service may discontinue service on a post road or part
than 1 percent of the total amount of stocks, bonds, mortgages, or
thereof when, in its opinion, the public interest SO requires.
other securities.
"(b) Each publication having such mail privileges shall furnish to
"§ 5005. Mail transportation
the Postal Service information in such form and detail, and at such
"(a) The Postal Service may obtain mail transportation service-
times, as the Postal Service requires to determine whether the publica-
(1) from common carriers by rail and motor vehicle or persons
tion continues to qualify for such privileges.
as provided in chapter 52 of this title;
(c) The Postal Service shall make appropriate rules and regula-
(2) from air carriers as provided in chapter 54 of this title;
tions to carry out the purposes of this section, including provision for
(3) from water carriers as provided in chapter 56 of this title;
suspension or revocation of periodical publication mail privileges for
and
failure to furnish the required information.
'(4) by contract from any person (as defined in section 5201 (7)
of this title) or carrier for surface and water transportation under
"PART V-TRANSPORTATION OF MAIL
such terms and conditions as it deems appropriate, subject to the
Sec.
"CHAPTER
5001
provisions of this section.
"50. GENERAL
5201
(b) (1) Contracts for the transportation of mail procured under Contracts.
"52. TRANSPORTATION OF MAIL BY SURFACE CARRIER
5401
"54. TRANSPORTATION OF MAIL BY AIR
subsection (a) (4) of this section shall be for periods not in excess of
"56. TRANSPORTATION OF MAIL BY VESSEL
5601
+ years (or where the Postal Service determines that special conditions
or the use of special equipment warrants, not in excess of 6 years) and
"Chapter 50.-GENERAL
shall be entered into only after advertising a sufficient time previously
"Sec.
for proposals. The Postal Service, with the consent of the holder of
"5001. Provisions for carrying mail.
"5002. Transportation of mail of adjoining countries through the United States.
any such contract, may adjust the compensation allowed under that
"5003. Establishment of post roads.
contract for increased or decreased costs resulting from changed condi-
"5004. Discontinuance of service on post roads.
tions occurring during the term of the contract.
"5005. Mail transportation.
"(2) A contract under subsection (a) (4) of this section may be Renewal.
"5006. Lien on compensation of contractor.
"5007. Free transportation of postal employees.
renewed at the existing rate by mutual agreement between the holder
and the Postal Service.
"§ 5001. Provisions for carrying mail
(3) Any contract between the Postal Service and any carrier or Inspection.
"The Postal Service shall provide for the transportation of mail in
person for the transportation of mail shall be available for inspection
accordance with the policies established under section 101 (e) and (f)
in the office of the Postal Service and either the Interstate Commerce
Ante, p. 720.
of this title and the provisions of this chapter. Notwithstanding any
Commission or the Civil Aeronautics Board, as appropriate, and in
other provision of this title, the Postal Service may make arrange-
post offices on the post roads involved, as determined by the Postal
ments on a temporary basis for the transportation of mail when, as
Service, at least 15 days prior to the effective date of the contract.
determined by the Postal Service, an emergency arises. Such arrange-
(c) The Postal Service, in determining whether to obtain trans-
ments shall terminate when the emergency ceases and the Postal Serv-
portation of mail by carrier or person under subsection (a) (1) of
ice is promptly able to secure transportation services under other
this section, by contract under subsection (a) (4) of this section, or by
provisions of this title.
Government motor vehicle, shall use the mode of transportation which
"§ 5002. Transportation of mail of adjoining countries through
best serves the public interest, due consideration being given to the
the United States
cost of the transportation service under each mode.
"The Postal Service, with the consent of the President, may make
"§ 5006. Lien on compensation of contractor
arrangements to allow the mail of countries adjoining the United
(a) A person who-
States to be transported over the territory of the United States
(1) performs service for a contractor or subcontractor in the
from one point in that country to any other point therein, at the
transportation of mail;
expense of the country to which the mail belongs, upon obtaining a
(2) files his contract for service with the Postal Service: and
like privilege for the transportation of United States mail through
(3) files satisfactory evidence of performance with the Postal
the country to which the privilege is granted.
Service;
"§ 5003. Establishment of post roads
shall have a lien on money due the contractor or subcontractor for
the service.
"The following are post roads:
"(1) the waters of the United States, during the time the mail
(b) The Postal Service may pay the person establishing a lien Payment
under subsection a) of this section the sum due him, when the con- provisions.
is carried thereon;
"(2) railroads or parts of railroads and air routes in operation;
tractor or subcontractor fails to pay the person the amount of his
"(3) canals, during the time the mail is carried thereon;
lien within 2 months after the expiration of the month in which the
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 50 -
August 12, 1970
August 12, 1970
- 51 -
Pub. Law 91-375
84 STAT. 769
84 STAT. 768
service was performed. It shall charge the amount SO paid to the
(b) A carrier shall transport mail offered for transportation by
contract The payments may not exceed the annual rate of pay of
the Postal Service in the manner, under the conditions, and with the
the contractor or subcontractor.
service prescribed by the Postal Service. A carrier is entitled to re- Compensation.
5007. Free transportation of postal employees
ceive fair and reasonable compensation for the transportation and
"Each person or carrier engaged in the transportation of mail shall
service connected therewith.
carry on any vessel, train, motor vehicle, or aircraft he operates, upon
"(c) The Postal Service shall determine the trains or motor vehicles method. Transportation
exhibiting their credentials and without extra charge therefor, per-
upon which mail shall be transported, except that no carrier shall be
sons on duty in charge of the mails or when traveling to and from
compelled to transport mail on any train or vehicle which is operated
exclusively for the transportation of passengers and their baggage.
such duty.
"(d) A carrier shall transport with due speed such mail as the
Postal Service directs under this section.
"Chapter 52.-TRANSPORTATION OF MAIL BY SURFACE
(e) No carrier shall be required to serve territory it is not other-
CARRIER
wise authorized to serve, to provide service for the Postal Service at
"Sec.
"5201. Definitions.
a rate which is less than compensatory cost, or to provide service at a
"5202. Applicability.
detriment to the carrier or its other customers.
"5203. Authorization of service by carrier.
"(f) Any order or determination of the Postal Service providing
"5204. Changes in service; placement of equipment.
for the transportation of mail by a motor carrier shall be filed with
"5205. Evidence of service.
the Commission. If the Commission finds, within 90 days after the fil-
5206. Fines and deductions.
*5207. Interstate Commerce Commission to fix rates.
ing, that the order or determination will be detrimental to the motor
"5208. Procedures.
carrier or its other customers, or that such carrier does not operate
"5209. Special rates.
equipment suitable for the transportation of mail, the order or deter-
"5210. Intermodal transportation.
mination shall be terminated.
"5211. Statistical studies.
"5212. Special contracts.
"(g) An order or determination of the Postal Service under this
"5213. Carrier operations: receipts: expenditures.
section shall be consistent with the orders of the Commission under
"5214. Agreements with passenger common carriers by motor vehicle.
sections 5207 and 5208 of this title.
"5215. Star route certification.
5201. Definitions
5204. Changes in service; placement of equipment
"(a) The Postal Service may authorize, according to the need there-
"For purposes of this chapter-
"(1) 'Commission' means the Interstate Commerce Commis-
for, new or additional mail transportation service by carriers at the
rate or compensation fixed under this chapter. It may reduce or dis-
sion:
(2) 'carrier' and 'regulated surface carrier' mean a railroad,
continue service with pro rata reductions in compensation and in-
a
freight forwarder, a motor carrier, or an express company:
demnity for the loss of reasonable investment in equipment used ex-
"(3) 'railroad' means a railway common carrier, including an
clusively for mail.
electric urban and interurban railway common carrier;
(b) A railroad shall place cars used for full or apartment post
"(4) 'freight forwarder means any regulated freight forwarder
office service in position at such times before departure as the Postal
Service directs.
which holds itself out to the general public as a common carrier
to transport or provide transportation of property as authorized
5205. Evidence of service
by a permit issued by the Commission:
"A carrier shall submit evidence of its performance of mail trans-
"(5) 'motor carrier' means any common carrier by motor ve-
portation service, signed by an authorized official, in such form and at
hicle, except a passenger-carrying motor vehicle, within the mean-
such times as the Postal Service requires. Mail transportation service
54 Stat. 920.
ing of section (a) (14) of title 49, which holds a certificate of
is considered that of the carrier performing it regardless of the owner-
public convenience and necessity issued by the Commission;
ship of the property used by the carrier.
(6) 'express company' means any express company engaged
"§ 5206. Fines and deductions
in transportation as a common carrier for hire under section 1(3)
41 Stat. 474;
of title 49;
"(a) The Postal Service may fine any carrier an amount not to exceed
"(7) 'person includes any person other than a carrier holding
$500 for each day the carrier refuses to perform mail transportation
54 Stat. 899.
a certificate of public convenience and necessity isssued by the
services required by it at rates or compensation established under this
Commission: and
chapter.
(8) 'mail' includes equipment and supplies of the Postal
"(b) The Postal Service shall fine a carrier an amount it deems
Service.
reasonable for failure or refusal by that carrier to transport mail as
required by the Postal Service under section 5203 of this title.
"§ 5202. Applicability
(c) The Board may make deductions from the compensation of a
"This chapter applies to mail transportation performed by any per-
carrier for failure to perform mail transportation service as required
son or carrier or carrier combination regardless of the mode of trans-
under section 5203 of this title. If the failure to perform is due to the
portation actually used to provide the service.
fault of the carrier, it may deduct a sum not exceeding twice the com-
"§ 5203. Authorization of service by carrier
pensation applying to such service. Such deductions shall not be made
prior to the expiration of 60 days following service upon the carrier
"(a) The Postal Service may establish mail routes and authorize
by the Board of notice of intention to assess a fine or make a deduction
mail transportation service thereon.
and of the basis therefor.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 52
August 12, 1970
August 12, 1970
53 -
Pub. Law 91-375
84. STAT. 770
84 STAT, 771
5207. Interstate Commerce Commission to fix rates
5210. Intermodal transportation
"(a) The Commission shall determine and fix the fair and reason-
"The Postal Service may permit a carrier to perform mail trans-
able rates or compensation for the transportation of mail by carrier
portation by any form of transportation it deems appropriate at rates
and the service connected therewith, and shall prescribe the method
or compensation not exceeding those allowable for similar service by
of computing such rates or compensation. The Commission shall pub-
the designated form of transportation.
lish its orders stating its determination under this section which shall
5211. Statistical studies
remain in force until changed by it after notice and hearing.
The Postal Service may arrange for weighing and measuring mail
"(b) For the purpose of determining and fixing rates or compensa-
transported on carrier mail routes and make other computations for
tion under this section, the Commission may make just and reasonable
statistical and administrative purposes to carry out the purposes of
classifications of carriers and, where just and equitable, fix general
this chapter.
rates applicable to carriers in the same classification.
"(c) In determining and fixing fair and reasonable rates or compen-
§ 5212. Special contracts
sation under this section, the Commission shall consider the relation
"The Postal Service may enter into special contracts with any carrier
between the Government and carriers as public service corporations,
or person, without advertising, for bids and for periods not in excess
and the nature of public service as distinguished, if there is a distine-
of 4 years. It may contract to pay lower rates or compensation or, where
tion, from the ordinary transportation business of the carriers.
in its judgment conditions warrant, higher rates or compensation
"(d) Initial rates or compensation for mail transportation service
than those determined or fixed by the Commission. The fact that the
by any carrier or carriers shall be those agreed to by the Postal Service
Commission has not prescribed rates or compensation for the carrier
and the carrier or carriers, and such rates or compensation shall con-
involved, under section 5207 of this title, shall not preclude execution
tinue in effect until such time as the Commission fixes the rates or com-
of a contract under this section. Such contracts may be negotiated only
pensation under subsection (a) of this section.
after reasonable notice has been posted in advance in post offices on
5208. Procedures
the post roads to be served, and other carriers or persons have been
given an opportunity to offer to negotiate for the transportation of
"(a) At any time after 6 months from the entry of an order stating
mail.
the Commission's determination under section 5207 of this title, the
Postal Service or an interested carrier may apply for a reexamination
§ 5213. Carrier operations; receipts; expenditures
and substantially similar proceedings as have theretofore been had
"The Postal Service shall request any carrier transporting the mails
shall be followed with respect to the rates of compensation for services
to furnish, under seal, such data relating to the operations, receipts,
covered by the application. At the conclusion of the hearing the Com-
and expenditures of such carrier as may, in its judgment, be deemed
mission shall enter an order stating its determination.
necessary to enable it to ascertain the cost of mail transportation and
'(b) Except as authorized by sections 5207 (d), 5209, 5210, and 5212
the proper compensation to be paid for such service.
of this title, the Postal Service shall pay a carrier the rates or compen-
"§ 5214. Agreements with passenger common carriers by motor
sation SO determined and fixed for application at such stated times as
vehicle
named in the order.
Comprehensive
"(c) The Postal Service may file with the Commission a comprehen-
"The Postal Service may enter into contracts under such terms
plan.
sive plan stating-
and conditions as it shall prescribe and without advertising for bids
"(1) its requirements for the transportation of mail by carrier;
for the transportation of mail, in passenger-carrying motor vehicles,
"(2) the character and speed of the trains or motor vehicles
by passenger common carriers, or by motor vehicles over the regular
which are to carry the various kinds of mail;
routes on which the carrier is permitted by law to transport pas-
(3) the service, both terminal and en route, which carriers are
sengers.
to render;
"§ 5215. Star route certification
'(+) what it believes to be the fair and reasonable rates or com-
(a) Any person who was a contractor under a star route, mail
pensation for the services required; and
messenger, or contract motor vehicle service contract on the effective
(5) all other information which may be material to the in-
date of this section (or successor in interest to any such person),
quiry, but such other information may be filed at any time in the
shall, upon application to the Commission for the territory within
discretion of the Commission.
which such contractor operated on or before the effective date of
Notice.
(d) When a comprehensive plan is filed, the Commission shall give
this section be issued a certificate of public convenience and necessity
notice of not less than 30 days to each carrier required by the Postal
as a motor carrier for the transportation of mail by the Commission
Service to transport mail pursuant to such plan. A carrier may file
without the Commission's requiring further proof that the public
its answer at the time fixed by the Commission, but not later than 30
convenience and necessity will be served by such operation and with-
days after the expiration date fixed by the Commission in the notice,
out further proceedings.
and the Commission shall proceed with the hearing.
(b) Applications of persons who were not contractors on the
5209. Special rates
effective date of this section shall be decided in accordance with
Carload or
pon petition by the Postal Service, the Commission shall deter-
applicable Commission procedure.
(c) For purposes of this section, the term 'person' has the same "Person."
truckload rates. mine and fix carload or truckload, or less than carload or truckload,
meaning given that term under section 1 of title 1.
62 Stat. 859.
rates for the transportation of mail not entitled to high priority in
transportation. A carrier shall perform the service at the rates SO de-
termined when requested to do SO and under the conditions prescribed
by the Postal Service.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 54 -
August 12, 1970
August 12, 1970
- 55 -
Pub. Law 91-375
84 STAT. 772
84 STAT. 773
"Chapter 54.-TRANSPORTATION OF MAIL BY AIR
tificated carrier or carriers to provide service between any pair or pairs
of points covered by the contract, and such carrier or carriers inaugu-
"Sec.
rate schedules adequate for its purposes.
"5401. Authorization.
"5402. Contracts for transportation of mail by air.
5403. Fines
"5403. Fines.
"The Postal Service may impose or remit fines on carriers trans-
5401. Authorization
porting mail by air on routes extending beyond the borders of the
(a) The Postal Service is authorized to provide for the safe and
United States for-
expeditious transportation of mail by aircraft.
'(1) unreasonable or unnecessary delay to mail; and
(b) Except as otherwise provided in section 5402 of this title, the
(2) other delinquencies in the transportat of the mail.
Postal Service may make such rules, regulations, and orders consistent
72 Stat. 737.
with sections 1301-1542 of title 49, or any order, rule, or regulation
"Chapter 56.-TRANSPORTATION OF MAIL BY VESSEL
made by the Civil Aeronautics Board thereunder, as may be necessary
"Sec.
for such transportation.
"5601. Sea post service.
"§ 5402. Contracts for transportation of mail by air
"5602. Termination of contracts for foreign transportation.
"5603. Transportation of mail by vessel as freight or express.
(a) The Postal Service may contract with any certificated air
"5604. Fines on ocean carriers.
carrier, without advertising for bids, in such manner and under such
"5605. Contracts for transportation of mail by vessel.
terms and conditions as it deems appropriate, for the transportation
5601. Sea post service
of mail by aircraft between any of the points between which the carrier
"The Postal Service may maintain sea post service on ocean vessels
is authorized by the Civil Aeronautics Board to engage in the trans-
conveying mail to and from the United States.
portation of mail. Such contracts shall be for the transportation of at
least 750 pounds of mail per flight, and no more than 10 percent of
"§ 5602. Termination of contracts for foreign transportation
the domestic mail transported under any such contract or 5 percent,
"Contracts for the transportation of mail by vessel between the
based on weight, of the international mail transported under any such
United States and a foreign port shall be made subject to cancellation
contract shall consist of letter mail. Any such contract shall be filed
by the Postal Service or the Congress.
with the Civil Aeronautics Board not later than 90 days before its
"§ 5603. Transportation of mail by vessel as freight or express
effective date. Unless the Civil Aeronautics Board shall determine
otherwise (under criteria prescribed by section 1302 of title 49) not
"The Postal Service may require that mail be transported by freight
later than 10 days prior to the effective date of the contract, such
or express when-
contract shall become effective.
"(1) there is no competition on a water route and the rate or
"(b) When the Postal Service deems that the transportation of mail
compensation asked is excessive; or
by aircraft is required between points between which the Civil Aero-
(2) no proposal is received.
nautics Board has not authorized an air carrier or combination of
A common carrier by water that fails or refuses to transport the mail
air carriers to engage in the transportation of mail, it may contract
when required to do SO under this section shall be fined not more than
with any air carrier in such manner and under such terms and condi-
$500 for each day of refusal.
tions as it may deem appropriate for the transportation of any class
5604. Fines on ocean carriers
or classes of mail. The transportation of mail under contracts entered
"The Postal Service may impose or remit fines on carriers transport-
72 Stat. 756,
into under this subsection is not, except for sections 1371 (k) and 1386
ing mail by vessel on routes extending beyond the borders of the
771.
(b) of title 49, air transportation within the provisions of sections
United States for-
1301-1542 of title 49. The Postal Service shall cancel such contract,
(1) unreasonable or unnecessary delay to the mails; and
in whole or in respect to certain points as the certificate shall require,
(2) other delinquencies in the transportation of mail.
upon the issuance by the Civil Aeronautics Board of an authorization
under sections 1371-1386 of title 49 to any air carrier to engage in the
5605. Contracts for transportation of mail by vessel
transportation of mail by aircraft between any of the points named in
"The Postal Service may contract for the transportation of mail
the contract, and the inauguration of scheduled service by such
by vessel without advertising for bids for periods of not in excess
carrier.
of 4 years."
"(c) If the Postal Service determines that service by certificated
CONTINUATION OF EXISTING RATES AND FEES
air carriers or combination of air carriers between any pair or pairs
of points is not adequate for its purposes, it may contract for a period
SEC. 3. The classes of mail, the rates of postage, and fees for postal
of not more than 4 years, without advertising for bids, in such manner
services prescribed by law or regulation made or adopted prior to the
and under such terms and conditions as it may deem appropriate, with
effective date of subchapter II of chapter 36 of title 39, United States
any air taxi operator or combination thereof for such air transporta-
Code, as enacted by section 2 of this Act, shall be in effect according
Ante, p. 760.
Contract re-
tion service. Contracts made under this subsection may be renewed at
to the terms of such law or regulation until changed in accordance
newal, adjust-
the existing rate by mutual agreement between the holder and the
with such subchapter.
ment.
Postal Service. The Postal Service, with the consent of the air taxi
TRANSITIONAL PROVISIONS
operator, may adjust the compensation under such contracts for in-
creased or decreased costs occasioned by changed conditions occurring
SEC. 4. (a) There are hereby transferred to the United States
Cancellation.
during the contract term. The Postal Service shall cancel such a con-
Postal Service all the functions, powers, and duties of the Post Office
tract when the Civil Aeronautics Board authorizes an additional cer-
Department and the Postmaster General of the Post Office Depart-
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 56 -
August 12, 1970
August 12, 1970
- 57 -
Pub. Law 91-375
84 STAT. 774
84 STAT. 775
ment, and the Post Office Department and the office of Postmaster
General of the Post Office Department are abolished.
(d) The amendment of any statute by this Act shall not release or
(b) Postal revenues and fees collected on and after the effective date
extinguish any criminal prosecution, penalty, forfeiture, or liability
of this section shall be considered assets of the Postal Service.
incurred under such statute, unless the amending Act shall SO expressly
provide, and such statute shall be treated as still remaining in force
for the purpose of sustaining any proper action or prosecution for the
SAVING PROVISIONS
enforcement of such prosecution, penalty, forfeiture, or liability.
SEC. 5. (a) All orders, determinations, rules, regulations, permits,
(e) With respect to any function, power, or duty transferred by this
contracts, certificates, licenses, and privileges-
Act and exercised after the effective date of this Act, reference in any
(1) which have been issued, made, granted, or allowed to be-
other Federal law to any department or agency, officer, or office SO
come effective-
transferred, or functions of which are SO transferred, shall be deemed
(A) under any provision of law amended by this Act; or
to mean the officer or agency of the Postal Service in which this Act
(B) in the exercise of duties, powers, or functions which
vests such function after such transfer.
are transferred under this Act;
(f) Provisions of title 39, United States Code, in effect immediately
by (i) any department or agency, any functions of which are
prior to the effective date of this section, but not reenacted by this
transferred by this Act, or (ii) any court of competent jurisdic-
Act, shall remain in force as rules or regulations of the Postal Service
tion; and
established by this Act, to the extent the Postal Service is authorized
(2) which are in effect at the time the United States Postal Serv-
to adopt such provisions as rules or regulations, until they are revoked,
ice commences operations, shall continue in effect according to
amended, or revised by the Postal Service.
their terms until modified, terminated, superseded, set aside, or
(g) Notwithstanding section 202 of title 39, United States Code, Ante, p. 720.
repealed by the Postal Service (in the exercise of any authority
as enacted by section 2 of this Act, Governors of the Board of Gover-
vested in it by this Act), by any court of competent jurisdiction,
nors of the Postal Service may be paid $300 a day for not more than
or by operation of law
60 days of meetings in each of the first 2 years following the effective
(b) The provisions of this Act shall not affect any proceedings
date of such section 202.
pending at the time this section takes effect before any department
or agency (or component thereof), the functions of which are trans-
TECHNICAL AMENDMENTS
ferred by this Act; but such proceedings shall be continued before
the Postal Service. Orders shall be issued in such proceedings, appeals
SEC. 6. (a) Section 225 (f) of the Act of December 16, 1967 (81
Stat. 643; 2 U.S.C. 356), is amended-
shall be taken therefrom, and payments shall be made pursuant to
such orders, as if this Act had not been enacted; and orders issued
(1) by striking out the word "and" at the end of paragraph
(C)
in any such proceedings shall continue in effect until modified, termi-
nated, superseded, or repealed by the Postal Service (in the exercise
(2) by striking out the period at the end of paragraph (D)
of any authority vested in it by this Act), by a court of competent
and inserting in lieu thereof and"; and
jurisdiction, or by operation of law
(3) by adding after paragraph (D) a new paragraph (E)
as follows:
(c) (1) Except as provided in paragraph (2) of this subsection-
(A) the provisions of this Act shall not affect suits commenced
(E) the Governors of the Board of Governors of the United
prior to the date this section takeseffect and
States Postal Service appointed under section 202 of title 39,
United States Code.".
(B) in all such suits proceedings shall be had, appeals taken,
and judgments rendered, in the same manner and effect as if this
(b) Subsection (d) (1) of section 19 of title 3, United States Code, 62 Stat. 677.
Act had not been enacted.
is amended by striking out "Postmaster General,".
No suit, action, or other proceeding commenced by or against any
(c) Title 5, United States Code, is amended as follows:
officer in his official capacity as an officer of any department or agency,
(1) Section 101 is amended by striking out-
80 Stat. 378.
functions of which are transferred by this Act, shall abate by reason
"The Post Office Department.".
of the enactment of this Act. No cause of action by or against any
(2) Section 104(1) is amended by inserting after "executive branch"
department or agency, functions of which are transferred by this Act,
the following: "(other than the United States Postal Service or the
or by or against any officer thereof in his official capacity shall abate
Postal Rate Commission)".
(3) Section 2104 is amended-
by reason of the enactment of this Act. Causes of actions, suits, actions,
or other proceedings may be asserted by or against the Postal Service
(A) by inserting the subsection designation "(a)" before the
word "For";
or such official of that Service as may be appropriate and, in any
litigation pending when this section takes effect, the court may at
(B) by inserting after "except" the following: "as otherwise
any time, on its own motion or that of any party, enter an order which
provided by this section or"; and
will give effect to the provisions of this subsection.
(C) by inserting at the end thereof the following new subsec-
tion:
(2) If before the date on which any provision of this Act takes effect,
any department or agency, or officer thereof in his official capacity, is a
"(b) Except as otherwise provided by law, an officer of the United
party to a suit, and under this Act-
States Postal Service or of the Postal Rate Commission is deemed not
(A) such department or agency is transferred to the Postal
an officer for purposes of this title.".
Service: or
(4) Section 2105 is amended by adding at the end thereof the
following new subsection:
(B) any function of such department, agency, or officer is
transferred to the Postal Service:
"(e) Except as otherwise provided by law, an employee of the
such suit shall be continued by the Postal Service.
United States Postal Service or of the Postal Rate Commission is
deemed not an employee for purposes of this title."
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 58 -
August 12, 1970
August 12, 1970
59 -
Pub. Law 91-375
84 STAT. 776
84 STAT. 777
Repeal.
(5) Section 3104 (a) (5) is repealed.
80 Stat. 415.
States Code", and inserting in lieu thereof "section 3204 of title 39,
(6) Section 3304a (a) is amended by striking out ", in the postal
United States Code".
81 Stat. 273.
field service,".
i) Section 8 of title 17, United States Code, is amended-
76 Stat. 446.
Repeal.
(7) (A) Section 3327 is repealed.
(1) by striking out "Postmaster General" and inserting in
80 Stat. 424.
(B) The analysis of subchapter I of chapter 33 is amended by strik-
lieu thereof "United States Postal Service"; and
ing out item 3327.
(2) by striking out "section 2506 of title 39" and inserting in
Repeals.
(8) Section 4301 (1) (ii) is repealed.
lieu thereof "section 405 of title 39"
80 Stat. 440.
(9) Section 5102(c) (1) is repealed.
(j) Title 18, United States Code, is amended as follows
(10) Section 5303 (a) (2) is repealed.
(1) The analysis of chapter 1 is amended by inserting in item 12,
(11) The first sentence of section 5304 is amended by striking out
before "Postal" the words "United States".
"the provisions of part III of title 39 relating to employees in the
(2) Section 12 is amended to read as follows:
62 Stat. 686.
postal field service,
(12) Clause (5) of section 5312 is repealed.
"§ 12. United States Postal Service defined
(13) Section 5314 is amended-
"As used in this title, the term 'Postal Service' means the United
(A) by striking out clause (3) and
States Postal Service established under title 39, and every officer and
(B) by inserting at the end thereof the following: (55) Chair-
employee of that Service, whether he has taken the oath of office."
man, Postal Rate Commission.".
(3) Section 440 is amended by striking out "Post Office Depart-
(1+) Section 5315 is amended-
ment" and inserting in lieu thereof "Postal Service".
(A) by striking out clauses (21) and (45) and
(4) Section 441 is amended by striking out "Post Office Department
(B) by inserting at the end thereof the following: (93) Mem-
or the"
bers, Postal Rate Commission (4)."
(5) The first 2 paragraphs of section 500 are amended to read as
Repeals.
(15) Clauses (37), (60), and (123) of section 5316 are repealed.
follows:
(16) Section 5541 (2) (vi) is repealed.
"Whoever, with intent to defraud, falsely makes, forges, counter-
(17) Section 6301 (2) (ii) is amended by striking out the first comma
feits, engraves, or prints any order in imitation of or purporting to be
thereof and the phrase "except an hourly employee in the postal field
a money order issued by the Post Office Department or Postal Service,
service,"
or by any officer or employee thereof; or
80 Stat. 522;
18) Section 6323 is amended-
"Whoever forges or counterfeits the signature of any officer or
82 Stat. 1151,
(A) by striking out of subsections (a) and (c) the phrase "(a
employee of the Postal Service, upon or to any money order, postal
1313.
substitute employee in the postal field service)" wherever it
note, or blank therefor provided or issued by or under the direction
appears: and
of the Post Office Department or the Postal Service, or post office
(B) by striking out subsections (b) and (d).
department or corporation of any foreign country, and payable in
(19) Section 7101 is amended by striking out "postal service" and
the United States, or any material signature or indorsement thereon,
inserting in lieu thereof "United States Postal Service".
or any material signature to any receipt of certificate of identifica-
(20) Section 8344 is amended by adding at the end thereof the
tion thereof; or".
following new subsection:
(6) The last 3 paragraphs of section 501 thereof are amended to
(c) This section does not apply to an individual appointed to serve
read as follows:
as a Governor of the Board of Governors of the United States Postal
"Whoever makes or prints, or authorizes to be made or printed, any
Service.".
postage stamp, stamped envelope, or postal card, of the kind author-
(d) Paragraph seventh of section 5136 of the Revised Statutes, as
ized and provided by the Post Office Department, or by the Postal
amended (12 U.S.C. 24 seventh), is amended by inserting after "nor
Service, without the special authority and direction of the Depart-
to bonds, notes, and other obligations issued by the Tennessee Valley
ment or Postal Service; or
Authority" the words "or by the United States Postal Service".
"Whoever after such postage stamp, stamped envelope or postal
(e) Section of the Act of August 7, 1956 (70 Stat. 1113),
card has been printed, with intent to defraud delivers the same to
as amended (12 U.S.C 1701d-3(c)), is further amended by striking
any person not authorized by an instrument in writing, duly executed
under the hand of the Postmaster General and the seal of the Post
out "section 306 of the Penalty Mail Act of 1948 (39 U.S.C. 321n)"
and inserting in lieu thereof "section 3204 of title 39, United States
Office Department or the Postal Service, to receive it-
Code".
"Shall be fined not more than $500 or imprisoned not more than
f) Section (a) of the Housing Act of 1948 (63 Stat. 431), as
five years, or both.".
amended (12 U.S.C. 1701e(a)), is further amended by striking out
(7) Sections 612 and 876 are amended by striking out the phrase 64 Stat. 475.
"39 United States Code 321n" and inserting in lieu thereof "39 United
"Post Office Department" wherever it appears and inserting in lieu 62 Stat. 741.
States Code 3204"
thereof "Postal Service"
(g) Section 8(b) of the Small Business Act, as amended by section
(8) Section 877 is amended by striking out the phrase "Post Office
107 of the Act of October 11, 1967 (81 Stat. 269: 15 U.S.C. 637 (b)
Department of the United States" wherever it appears and inserting
in lieu thereof "Postal Service".
(15)), is further amended by striking out "section 4154 of title 39,
United States Code" which appears in paragraph 15 and inserting
(9) Section 1114 is amended by striking out "postal inspector, any 65 Stat. 721;
in lieu thereof "section 3204 of title 39, United States Code"
postmaster, officer, or employee in the field service of the Post Office 82 Stat. 611.
(h) Section 2(f) of the Act of May 28, 1963 (77 Stat. 50: 16 U.S.C.
Department" and inserting in lieu thereof "officer or employee of the
Postal Service".
4601-1 (f)), is amended by striking out "section 4154, title 39, United
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
- 61 -
Pub. Law 91-375
Pub. Law 91-375
- 60 -
August 12, 1970
84 STAT. 779
84 STAT. 778
(B) by striking out "Post Office Department" and inserting in
62 Stat. 763.
(10) Section 1303 is amended by striking out "a postmaster or other
lieu thereof "Postal Service";
18 USC 1303.
person employed in" and inserting in lieu thereof "an officer or em-
(C) by striking out "postmaster" wherever it appears in the
ployee of"
second paragraph and inserting in lieu thereof "Postal Service
(11) Section 1341 is amended by striking out "Post Office Depart-
officer or employee"; and
ment" and inserting in lieu thereof "Postal Service".
(D) by striking out "Postmaster General" wherever appearing
(12) Section 1342 is amended by striking out "Post Office Depart-
in section 1711, and inserting in lieu thereof "Postal Service'
62 Stat. 780.
ment of the United States" and inserting in lieu thereof "Postal
(22) Section 1712 is amended-
18 USC 1711.
Service".
(A) by striking out the phrase "postmaster or Postal Service
(13) Section 1463 is amended by striking out "Postmaster General"
employee" and inserting in lieu thereof "Postal Service officer or
in section 1463 and inserting in lieu thereof "Postal Service".
employee";
(14) Section 1696 (c) is amended by striking out "section 500 of title
(B) by striking out "Post Office Department" and inserting in
39" and inserting in lieu thereof "section 601 of title 39".
lieu thereof "Postal Service":
66 Stat. 325.
(15) Section 1699 is amended by striking out "Postmaster General"
(C) by striking out "postmaster or employee" in the second
wherever appearing therein and inserting in lieu thereof "Postal
paragraph and inserting in lieu thereof "Postal Service officer
Service".
or employee"; and
62 Stat. 778.
(16) (A) Subsection (a) of section 1703 is amended to read as
(D) by striking out "postmaster or other person" in the second
follows:
paragraph and inserting in lieu thereof "officer or employee".
"(a) Whoever, being a Postal Service officer or employee, unlaw-
(23) Section 1713 is amended by striking out "a postmaster or other
fully secretes, destroys, detains, delays, or opens any letter, postal card,
person employed in any branch of the Postal Service" and inserting in
package, bag, or mail entrusted to him or which shall come into his
lieu thereof "an officer or employee of the Postal Service".
possession, and which was intended to be conveved by mail, or carried
(24) Section 1715 is amended-
or delivered by any carrier or other employee of the Postal Service, or
(A) by striking out "Postmaster General" wherever appear-
forwarded through or delivered from any post office or station thereof
ing therein and inserting in lieu thereof "Postal Service"; and
established by authority of the Postmaster General or the Postal Serv-
(B) by striking out "postmaster, letter carrier, or other person
ice, shall be fined not more than $500 or imprisoned not more than five
in" and inserting in lieu thereof "officer or employee of"
years, or both."
(25) (A) The second, third, and fourth paragraphs of section 1716 66 Stat. 67.
(B) Subsection (b) of section 1703 is amended by striking out the
are amended to read as follows:
phrase "postmaster or Postal Service employee" wherever it appears
"The Postal Service may permit the transmission in the mails, under
and inserting in lieu thereof "Postal Service officer or employee".
such rules and regulations as it shall prescribe as to preparation and
(17) Section 1704 is amended by inserting "or the Postal Service"
packing, of any such articles which are not outwardly or of their own
fter the words "Post Office Department" wherever they appear.
force dangerous or injurious to life, health, or property.
(18) Section 1707 is amended by striking out "Post Office Depart-
"The Postal Service is authorized and directed to permit the trans-
ment" and inserting in lieu thereof "Postal Service".
mission in the mails, under regulations to be prescribed by it, of live
(19) (A) Section 1709 is amended to read as follows:
scorpions which are to be used for purposes of medical research or for
"§ 1709. Theft of mail matter by officer or employee
the manufacture of antivenom. Such regulations shall include such
"Whoever, being a Postal Service officer or employee, embezzles any
provisions with respect to the packaging of such live scorpions for
letter, postal card, package, bag, or mail, or any article or thing con-
transmission in the mails as the Postal Service deems necessary or
tained therein entrusted to him or which comes into his possession
desirable for the protection of Postal Service personnel and of the
intended to be conveyed by mail, or carried or delivered by any car-
public generally and for ease of handling by such personnel and by
rier, messenger, agent, or other person employed in any department
any individual connected with such research or manufacture. Nothing
of the Postal Service, or forwarded through or delivered from any post
contained in this paragraph shall be construed to authorize the trans-
office or station thereof established by authority of the Postmaster
mission in the mails of live scorpions by means of aircraft engaged
General or of the Postal Service; or steals, abstracts, or removes from
in the carriage of passengers for compensation or hire.
any such letter, package, bag, or mail, any article or thing contained
"The transmission in the mails of poisonous drugs and medicines
therein, shall be fined not more than $2,000 or imprisoned not more
may be limited by the Postal Service to shipments of such articles from
than five years, or both.".
the manufacturer thereof or dealer therein to licensed physicians, sur-
(B) The analysis of chapter 83 is amended by striking out-
geons, dentists, pharmacists, druggists, cosmetologists, barbers, and
veterinarians under such rules and regulations as it shall prescribe.".
"1709. Theft of mail matter by postmaster or employee."
(B) Section 1716 is amended-
and inserting in lieu thereof-
(i) by striking out "Postmaster General" wherever else appear-
"1709. Theft of mail matter by officer or employee."
ing therein and inserting in lieu thereof "Postal Service";
(20) Section 1710 is amended by striking out "postmaster or Postal
(ii) by striking out "letter carrier" in the first paragraph and
Service employee" and inserting in lieu thereof "Postal Service officer
inserting in lieu thereof "officer or employee of the Postal Serv-
or employee".
ice"; and
(21) Section 1711 is amended-
(iii) by striking out "postmaster, letter carrier, or other person in
(A) by striking out the phrase "postmaster or Postal Service
the postal service" in the seventh paragraph and inserting in lieu 72 Stat. 562.
employee" and inserting in lieu thereof "Postal Service officer or
thereof "officer or employee of the Postal Service".
employee";
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 62
August 12, 1970
August 12, 1970
- 63 -
Pub. Law 91-375
84 STAT. 781
84 Stat. 780
(26) Section 1716A is amended by striking out "section 4010" and
37) A) Chapter 83 is further amended by adding at the end thereof 62 Stat.
776;
82 Stat. 997.
the following new sections
18 USC 1716A.
inserting in lieu thereof "section 3002".
74 Stat. 705,
(27) Section 1717(b) is amended by striking out "of the United
1735. Sexually oriented advertisements
706,
18 USC 1691-
62 Stat. 782.
(a) Whoever
1734.
States (28) Section 1718 is amended by striking out Postmaster General"
(1) willfully uses the mails for the mailing, carriage in the
and inserting in lieu thereof "Postal Service".
mails, or delivery of any sexually oriented advertisement in vio-
70 Stat. 784.
(29) Section 1721 is amended-
lation of section 3010 of title 39, or willfully violates any regula-
(A) by striking out "postmaster or postal service employee" and
Ante, p. 749.
tions of the Board of Governors issued under such section; or
inserting in lieu thereof "Postal Service officer or employee:
"(2) sells, leases, rents, lends, exchanges, or licenses the use of,
(B) by striking out the phrase Post Office Department" wher-
or, except for the purpose expressly authorized by section 3010 of
ever it appears and inserting in lieu thereof "Postal Service":
title 39, uses a mailing list maintained by the Board of Gover-
(C) by striking out "postmaster or other person" and inserting
nors under such section;
in lieu thereof "officer or employee": and
shall be fined not more than $5,000 or imprisoned not more than five
(D) by striking out "the postmaster or any employee of a post
years, or both, for the first offense, and shall be fined not more than
office or station or branch thereof" and inserting in lieu thereof
$10,000 or imprisoned not more than ten years, or both, for any second
"any such officer or employee"
or subsequent offense.
62 Stat. 783.
to the Post Office Department or any officer of the Postal Service"
(30) Section 1722 is amended by striking out "any postmaster or
(b) For the purposes of this section, the term 'sexually oriented
advertisement' shall have the same meaning as given it in section
and inserting in lieu thereof "the Postal Service or to any officer or
3010(d) of title 39.
employee of the Postal Service"
eral" and inserting in lieu thereof "a duly authorized officer of
(31) Section 1723 is amended by striking out "the Postmaster Gen- the
"§ 1736. Restrictive use of information
'(a) No information or evidence obtained by reason of compliance
Postal Service".
by a natural person with any provision of section 3010 of title 39, or
(32) Section 1724 isamended to read as follows:
regulations issued thereunder, shall, except as provided in subsection
"§ 1724. Postage on mail delivered by foreign vessels
(c) of this section, be used, directly or indirectly, as evidence against
that person in a criminal proceeding.
"Except as otherwise provided by treaty or convention the Postal
(b) The fact of the performance of any act by an individual in
Service may require the transportation by any steamship of mail
compliance with any provision of section 3010 of title 39, or regula-
between the United States and any foreign port at the compensation
tions issued thereunder, shall not be deemed the admission of any fact,
fixed under authority of law Upon refusal by the master or the com-
or otherwise be used, directly or indirectly, as evidence against that
mander of such steamship or vessel to accept the mail, when tendered
person in a criminal proceeding, except as provided in subsection (c)
by the Postal Service or its representative, the collector or other officer
of this section.
of the port empowered to grant clearance, on notice of the refusal afore- the
"(c) Subsections (a) and (b) of this section shall not preclude the
said, shall withhold clearance, until the collector or other officer of the
use of any such information or evidence in a prosecution or other
is informed by the Postal Service or its representative that mail
action under any applicable provision of law with respect to the fur-
master port or commander of the steamship or vessel has accepted the
nishing of false information.
or that conveyance by his steamship or vessel is no longer required by
1737. Manufacturer of sexually related mail matter
the Postal Service".
(33) Section 1725 is amended by striking out "Postmaster General"
(a) Whoever shall print, reproduce, or manufacture any sexually
and inserting in thereof "Postal Service.".
related mail matter, intending or knowing that such matter will be
(34) Section 1729 is amended by striking out "Postmaster General"
deposited for mailing or delivery by mail in violation of section 3008
and inserting in lieu thereof "Postal Service"
or 3010 of title 39, or in violation of any regulation of the Postal
(35) Section 1730 is amended by striking out "Postmaster General"
Service issued under such section, shall be fined not more than $5,000
82 Stat. 396.
and inserting in lieu thereof "Postal Service".
or imprisoned not more than five years, or both, for the first offense,
(36) (A) Section 1733 is amended to read as follows:
and shall be fined not more than $10,000 or imprisoned not more than
74 Stat. 705.
ten years, or both, for any second or subsequent offense.
"§ 1733. Mailing periodical publications without prepayment of
(b) As used in this section, the term 'sexually related mail matter'
"Whoever, postage except as permitted by law, knowingly mails any peri-
means any matter which is within the scope of section 3008(a) or
3010(d) of title 39."
officer or employee of the Postal Service, knowingly permits any peri- shall
odical publication without the prepayment of postage, or, being an
(B) The table of contents of such chapter is amended by adding at
the end thereof the following new items:
odical publication to be mailed without prepayment of postage,
"1735. Sexually oriented advertisements.
be fined not more than $1,000, or imprisoned not more than one year,
"1736. Restrictive use of information.
"1737 Manufacturer of sexually related mail matter."
or both.".
(B) The analysis of chapter 83 is amended by striking
(38) (A) Section 3061 is amended-
82 Stat. 998.
"1733. Affidavits relating to second-class mail."
(i) by striking out the section heading and inserting in lieu
thereof the following:
and inserting in lieu thereof-
"1733. Mailing periodical publications without prepayment of postage
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 64 -
August 12, 1970
August 12, 1970
- 65 -
84 STAT. 782
Pub. Law 91-375
"§ 3061. Powers of postal personnel";
84 STAT. 783
(ii) by striking out of subsection (a) the words "postal in-
damage relates to property of the United States Postal Service charge-
spectors may, to the extent authorized by the Postmaster Gen-
able to its officers or employees"
eral-" and inserting in lieu thereof "officers and employees of the
(5) Section 3a of the Government Losses in Shipment Act as added
Postal Service performing duties related to the inspection of
by section 2 of the Act of August 10, 1939 (53 Stat. 1358; 40 U.S.C.
postal matters may, to the extent authorized by the Board of
724), is amended (A) by striking out the colon immediately preceding
Governors-" and
the proviso and inserting a period in lieu thereof; and (B) by striking
(iii) by striking out of subsection (b) the words "postal serv-
out the proviso.
ice" and inserting in lieu thereof "Postal Service, including prop-
(n) Section 602(i) of the Act of August 20, 1964 (78 Stat. 529; 42
erty of the Postal Service,".
U.S.C. 2942(i)), is amended by striking out "section 4154 of title 39,
(B) The analysis of chapter 203 is amended by striking out-
United States Code" and inserting in lieu thereof "section 3204 of title
39, United States Code".
"3061. Powers of postal inspectors."
(0) Whenever any reference is made in any provision of law (other
and inserting in lieu thereof-
than this Act or a provision of law amended by this Act), regulation,
"3061. Powers of postal personnel.".
rule, record, or document to the Post Office Department, the Postal
(k) Section 1(d) of the Act of June 8, 1938 (52 Stat. 631), as
Service, the postal field service, the field postal service, or the depart-
amended (56 Stat. 250; 22 U.S.C. 611(d)), is further amended by
mental service or departmental headquarters of the Post Office De-
striking out "file with the Postmaster General a sworn statement in
partment, such reference shall be considered a reference to the United
compliance with section 2 of the Act of August 24, 1912 (37 Stat.
States Postal Service. Any reference to any officer or employee of the
553), as amended", and inserting in lieu thereof, "file with the United
Post Office Department, the Postal Service, the postal field service,
States Postal Service information in compliance with section 3611 of
the field postal service, or the departmental service or departmental
title 39, United States Code".
headquarters of the Post Office Department shall be deemed a reference
Repeals.
(1) (1) The sixth subdivision of section 7 of the Act of July 31, 1894
to Service. the appropriate officer or employee of the United States Postal
(28 Stat. 206; 31 U.S.C. 72 Fifth), and the second proviso of section
10 of the Act of August 24, 1912 (37 Stat. 559; 31 U.S.C. 72 Fifth)
(p) Whenever reference is made in any provision of law (other
are repealed.
than this Act or provision of law amended by this Act), regulation,
(2) Section 1 of the Act of March 6, 1946 (60 Stat. 31), as amended
rule, record, or document to a postal inspector or chief postal inspector
(31 U.S.C. 129), is further amended by inserting after "Postmaster
of the Post Office Department, such reference shall be deemed to be a
General," the following: "the United States Postal Service,".
reference to the appropriate officer or employee of the United States
(3) Section 1302 of the Act of July 27, 1956, as amended (31 U.S.C.
matters. Postal Service who performs duties related to the inspection of postal
70 Stat. 694;
724a), is further amended by adding the following sentence thereto:
75 Stat. 416.
"Notwithstanding" the other provisions of this section, judgments
(q) Whenever reference is made in any law to title 39, United
against the United States arising out of activities of the United States
States Code, or provision of that title, as such title or provision existed
Postal Service shall be paid by the Postal Service out of any funds
prior to the effective date of this section, that reference shall be con-
available to it.".
sidered a reference to the appropriate provision of title 39, as amended
(4) Section 1 of the Act of September 30, 1890 (26 Stat. 511; 31
by section 2 of this Act, unless no such provision is included therein.
Repeal.
U.S.C. 1028) is hereby repealed.
(m) (1) Section 411(f) of the Public Buildings Act of 1949, as
STUDY OF PRIVATE CARRIAGE OF MAIL
amended (68 Stat. 520; 40 U.S.C. 356(f)), is further amended by
SEC. 7 The Congress finds that advances in communications tech-
striking out in the third proviso "section 205 of the Post Office Depart-
ment Property Act of 1954" and inserting in lieu thereof "section
nology, data processing, and the needs of mail users require a com-
2003 of title 39, United States Code".
plete study and thorough reevaluation of the restrictions on the pri-
(2) Item (15) of section 602(d) of the Act of June 30, 1949 (63
vate carriage of letters and packets contained in chapter 6 of title 39,
Stat. 401), as amended (40 U.S.C. 474(15)) is further amended to
United States Code (as enacted by section 2 of this Act), and sections
79 Stat. 1303.
1694-1696 of title 18, United States Code, and the regulations estab-
Ante, p. 727.
read as follows:
lished and administered under these laws. The Board of Governors of
62 Stat. 776.
(15) The United States Postal Service;".
Reports to
the United States Postal Service shall submit to the President and
(3) Section 16 of the Act of September 9, 1959 (73 Stat. 483; 40
President and
the Congress within 2 years after the effective date of this section a
U.S.C. 615) is amended to read as follows:
Congress.
"SEC. 16. Nothing in this Act shall be construed to limit or repeal-
report and recommendation for the modernization of these provisions
(1) existing authorizations for the leasing of buildings by and
of law, and such regulations and administrative practices.
for the General Services Administration; or
TRANSFER OF POST OFFICE DEPARTMENT PERSONNEL
(2) the authority conferred by law on the United States
Postal Service."
SEC 8. Officers and employees of the Post Office Department shall
(4) The third proviso of section 3 of the Act of August 10, 1939 (50
become officers and employees of the United States Postal Service on
Stat. 479), as amended (40 U.S.C. 723), is further amended by striking
the effective date of this section. The provisions of this section shall
out "insofar as such loss, destruction, or damage may be adjusted by
not apply to persons occupying the positions of Postmaster General,
the Postmaster General under the provisions of the Act of March 17,
Deputy Postmaster General, Assistant Postmasters General, General
1882, as amended (U.S.C. 1934 edition, title 39, sec. 49)", and inserting
Counsel, or Judicial Officer. This section shall not be construed, how-
in lieu thereof the following: "insofar as such loss, destruction, or
ever, to prohibit the appointment of such persons to positions in the
Postal Service.
Reproduced at the Richard Nixon Presidential Library
Pub. Law 91-375
- 66 -
August 12, 1970
August 12, 1970
- 67 -
Pub. Law 91-375
84 STAT. 784
84 STAT. 785
COMPENSATION OF EMPLOYEES
General to a labor organization. Any agreement made pursuant to
SEC. 9. (a) The Postmaster General, under regulations made by
this section shall continue in force after the commencement of opera-
him, shall increase the rates of basic pay or compensation of employees
tions of the United States Postal Service in the same manner and to
in the Post Office Department SO that such rates will equal, as nearly
the same extent as if entered into between the Postal Service and rec-
as practicable, 108 percent of the rates of basic pay or compensation
ognized collective-bargaining representatives under chapter 12 of title
in effect immediately prior to the date of enactment of this Act. Such
39, United States Code.
Ante, p. 733.
increases shall take effect on the first day of the first pay period which
(b) Any agreement negotiated under this section shall establish a
begins on or after April 16, 1970.
new wage schedule whereunder postal employees will reach the maxi-
(b) Retroactive pay, compensation, or salary shall be paid by rea-
mum pay step for their respective labor grades after not more than 8
son of this Act only in the case of an individual in the service of the
years of satisfactory service in such grades. The agreements shall
United States (including service in the Armed Forces of the United
provide that where an employee had sufficient satisfactory service in
States) on the date of enactment of this Act, except that such retro-
the pay step he occupied on the effective date of this section to have
active pay, compensation, or salary shall be paid-
qualified for advancement to the next highest pay step under the new
(1) to an officer or employee who retired, during the period
wage schedule, had such schedule been in effect throughout the period
beginning on the first day of the first pay period which began on
of such service, the employee shall be advanced to such next highest
or after April 16, 1970, and ending on the date of enactment of
pay step in the new schedule on the effective date of the new schedule.
this Act, for services rendered during such period; and
(c) An agreement made under this section shall become effective at
(2) in accordance with subchapter VIII of chapter 55 of title
any time after the commencement of bargaining, in accordance with
5, United States Code, relating to settlement of accounts, for
the terms thereof. The Postmaster General shall establish wages, hours,
80 Stat. 495;
82 Stat. 1212.
services rendered, during the period beginning on the first day of
and working conditions in accordance with the terms of any agreement
5 USC 5581-
the first pay period which began on or after April 16, 1970, and
or agreements made under this section notwithstanding the provisions
5584.
ending on the date of enactment of this Act, by an officer or em-
of any law other than title 39.
ployee who died during such period.
(d) If the parties fail to reach agreement within 90 days of the com-
Such retroactive pay, compensation, or salary shall not be considered
mencement of collective bargaining, a fact-finding panel will be estab-
as basic pay for the purposes of subchapter III of chapter 83 of title
lished in accordance with the terms of section 1207 (b) of title 39,
80 Stat. 564;
5, United States Code, relating to civil service retirement, or any
United States Code, unless the parties have previously agreed to
Ante,
735.
83 Stat 136.
other retirement law or retirement system, in the case of any such
another procedure for a binding resolution of their differences. If
5 USC 8331-
retired or deceased officer or employee.
the parties fail to reach agreement within 180 days of the commence-
8348.
(c) For the purposes of this section, service in the Armed Forces
ment of collective bargaining, and if they have not agreed to another
of the United States, in the case of an individual relieved from train-
procedure for binding resolution, an arbitration board shall be estab-
ing and service in the Armed Forces of the United States or dis-
lished to provide conclusive and binding arbitration in accordance
charged from hospitalization following such training and service, shall
with the terms of section 1207 (c) of such title.
include the period provided by law for the mandatory restoration of
(e) Agreements made pursuant to this section and expenditures
such individual to a position in or under the Government of the United
made under such agreements shall not be subject to the provisions of
States.
section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).
(d) For purposes of determining the amount of insurance for which
(f) For the purposes of this section, references to title 39 and sec-
an individual is eligible under chapter 87 of title 5, United States
tions of title 39 are references to title 39, United States Code, as
80 Stat. 592;
Code, relating to group life insurance for Government employees, all
enacted by section 2 of this Act.
81 Stat. 219,
646.
changes in rates of pay, compensation, and salary which result from
SEPARABILITY AND LEGISLATIVE CONSTRUCTION
5 USC 8701-
the enactment of this section shall be held and considered to become
8716.
effective as of the date of such enactment.
SEC. 11. (a) If a part of title 39, United States Code, as enacted
(e) No rate of basic pay or compensation, in excess of the rate of
by section 2 of this Act, is held invalid, the remainder of such title
basic pay for GS-18 of the General Schedule in section 5332 of title 5,
shall not be affected thereby; and if any other part of this Act is
35 F. R. 6247.
United States Code, shall be paid by reason of the enactment of this
held to be invalid, the remainder of the Act. shall not be affected
section.
thereby
LABOR AGREEMENTS
(b) An inference of a legislative construction is not to be drawn by
SEC. 10. (a) As soon as practicable after the enactment of this Act,
reason of a chapter in title 39, United States Code, as enacted by sec-
the Postmaster General and the labor organizations which as of the
tion 2 of this Act, in which a section is placed nor by reason of the
caption or catchline.
effective date of this section hold national exclusive recognition rights
TRANSITIONAL EXPENSES
granted by the Post Office Department, shall negotiate an agreement
or agreements covering wages, hours, and working conditions of the
SEC. 12. Expenses of the United States Postal Service and the
employees represented by such labor organizations. The parties shall
Postal Rate Commission, established under section 2 of this Act,
commence bargaining for such agreement or agreements not later
from the date of enactment of this Act until the date of commence-
than 30 days following delivery of a written request therefor by a
ment of operations of the Postal Service and the Commission, shall
labor organization to the Postmaster General or by the Postmaster
be deemed to be necessary expenses of the administration of the Post
Office Department as now constituted.
[sigos
Reproduced at the Richard Nixon Presidential Library
August 12, 1970
- 69 -
Pub. Law 91-375
Pub. Law 91-375
- 68 -
August 12, 1970
84 STAT. 787
84 STAT. 786
(5) that the traffic in such offensive advertisements is so large
APPOINTMENT OF POSTMASTERS AND OTHER EMPLOYEES ON MERIT BASIS
that individual citizens will be helpless to protect their privacy
or their families without stronger and more effective Federal con-
SEC. 13. (a) Between the date of enactment of this Act and the
trols over the mailing of such matter.
date on which the Board of Governors of the United States Postal
b) On the basis of such findings, the Congress determines that it is
Ante, p. 728.
Service determines that section 1001 of title 39, United States Code
contrary to the public policy of the United States for the facilities and
(as enacted by section 2 of this Act is effective, the Postmaster
services of the United States Postal Service to be used for the distribu-
General shall appoint postmasters at offices of all classes in the com-
petitive civil service by one of the three following methods which
tion of such materials to persons who do not want their privacy in-
shall be applied in the following order of precedence:
vaded in this manner or to persons who wish to protect their minor
children from exposure to such material.
(1) by selection of a qualified employee serving at the post
office where the vacancy occurs, including an acting postmaster
EFFECTIVE DATES
who was serving on January 1, 1969, who shall acquire a compet-
itive status upon being appointed postmaster;
SEC. 15. (a Except as provided in subsection (b) of this section,
(2) if no qualified employee serving at the post office where the
this section and sections 9 through 13 of this Act, and sections 202,
vacancy occurs is available for, and willing to accept, appointment
203, 205 (b) and (c), 206, and 401(2), and subchapter I of chapter
by the method described in subparagraph (1), by selection of a
36 of title 39, United States Code, as enacted by section 2 of this Act, Ante, pp. 784,
qualified employee serving in the postal field service; or
shall become effective on the date of enactment of this Act. Except 720, 722,
758.
(3) if no qualified employee is available for, and willing to ac-
as otherwise provided in this Act, the other provisions of this Act
cept, appointment by the methods described in subparagraph (1)
shall become effective within 1 year after the enactment of this Act on
or (2), by competitive examination in accordance with the provi-
the date or dates established therefor by the Board of Governors
80 Stat. 417.
sions of title 5, United States Code, governing appointments in the
and published by it in the Federal Register. References to the Postal
Publication in
5 USC 3301
competitive service.
Service in any provision of this Act (other than a provision referred
Federal Register.
et seq.
Enactment of this subsection shall not affect the status or tenure
to in the first sentence of this subsection) which becomes effective
of postmasters in office on the date of enactment of this Act.
before the Postal Service commences operations shall be held and
Political test,
(b) (1) In the selection, appointment, and promotion of employees
considered to refer to the Post Office Department until the Postal
prohibition.
of the Post Office Department between the date of enactment of this
Service commences operations.
Act and the date on which the Board of Governors of the Postal
(b) Sections 3010 and 3011 of title 39, United States Code, as
Service determines that former section 3311 of title 39, United States
enacted by section 2 of this Act, and sections 1735, 1736, and 1737 of Ante,
74 Stat. 610.
title 18, United States Code, as enacted by section 6(j) of this Act, Ante, p. p. 781.
749.
Code, is no longer effective, no political test or qualification shall be
permitted or given consideration, and all such personnel actions shall
shall become effective on the first day of the sixth month which begins
be taken on the basis of merit and fitness. Any officer or employee of
after the date of enactment of this Act.
the Post Office Department who violates this subsection shall be
removed from office or otherwise disciplined in accordance with proce-
Approved August 12, 1970.
dures for disciplinary action established pursuant to law.
Exception.
(2) This subsection does not apply to the selection and appointment
of officers whose appointment is vested in the President, by and with
the advice and consent of the Senate, or to the selection, appointment,
or promotion to a position designated by the Civil Service Commis-
sion as a position of a confidential or policy-determining character
or as a position to be filled by a noncareer executive assignment.
INVASION OF PRIVACY BY MAILING OF SEXUALLY ORIENTED
ADVERTISEMENTS
LEGISLATIVE HISTORY:
SEC. 14. (a) The Congress finds
(1) that the United States mails are being used for the in-
HOUSE REPORTS: No. 91-1104 (Comm. on Post Office and Civil Service)
discriminate dissemination of advertising matter so designed and
and No. 91-1363 (Comm. of Conference
SENATE REPORT No. 91-912 accompanying S. 3842 (Comm. on Post Office
SO presented as to exploit sexual sensationalism for commercial
and Civil Service).
gain;
CONGRESSIONAL RECORD, Vol. 116 (1970):
(2) that such matter is profoundly shocking and offensive to
June 16-18, considered and passed House.
many persons who receive it, unsolicited, through the mails;
June 30, considered and passed Senate, amended.
(3) that such use of the mails constitutes a serious threat to
July 9, House requested conference.
the dignity and sanctity of the American home and subjects
Aug. 3, Senate agreed to conference report.
many persons to an unconscionable and unwarranted intrusion
Aug. 6, House agreed to conference report.
upon their fundamental personal right to privacy;
(4) that such use of the mail reduces the ability of responsible
parents to protect their minor children from exposure to material
which they as parents believe to be harmful to the normal and
healthy ethical, mental, and social development of their children;
and
GP O 897.829
Reproduced at the Richard Nixon Presidential Library