August 12, 1970 - 5 Pub. Law 91-375 84 STAT. 723 *(5) to acquire, in any lawful manner, such personal or real property, or any interest therein, as it deems necessary or convenient in the transaction of its business; to hold, maintain, sell, lease, or otherwise dispose of such property or any interest therein; and to provide services in connection therewith and charges therefor; "(6) to construct, operate, lease, and maintain buildings, facilities, equipment, and other improvements on any property owned or controlled by it, including, without limitation, any property or interest therein transferred to it under section 2002 of this title: "(7) to accept gifts or donations of services or property, real or personal, as it deems, necessary or convenient in the transaction of its business; "(8) to settle and compromise claims by or against it; "(9) to exercise, in the name of the United States, the right of eminent domain for the furtherance of its official purposes; and to have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents' estates; and "(10) to have all other powers incidental, necessary, or appropriate to the carrying on of its functions or the exercise of its specific powers. "§ 402. Delegation of authority "Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment. "§ 403. General duties (a) The Postal Service shall plan, develop, promote, and provide adequate and efficient postal services at fair and reasonable rates and fees. Except as provided in the Canal Zone Code, the Postal Service shall receive, transmit, and deliver throughout the United States, its territories and possessions, and, pursuant to arrangements entered into under sections 406 and 411 of this title, throughout the world, written and printed matter, parcels, and like materials and provide such other services incidental thereto as it finds appropriate to its functions and in the public interest. The Postal Service shall serve as nearly as practicable the entire population of the United States. "(b) It shall be the responsibility of the Postal Service "(1) to maintain an efficient system of collection, sorting, and delivery of the mail nationwide; “(2) to provide types of mail service to meet the needs of different categories of mail and mail users; and "(3) to establish and maintain postal facilities of such character and in such locations that postal patrons throughout the Nation will, consistent with reasonable economies of postal operations, have ready access to essential postal services. "(c) In providing services and in establishing classifications, rates, and fees under this title, the Postal Service shall not, except as specifically authorized in this title, make any undue or unreasonable discrimination among users of the mails, nor shall it grant any undue or unreasonable preferences to any such user. Pub. Law 91-375 - 6 August 12, 1970 84 STAT. 724 82 Stat. 1244. "§ 404. Specific powers "Without limitation of the generality of its powers, the Postal Serv ice shall have the following specific powers, among others: (1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail: (2) to prescribe, in accordance with this title, the amount of postage and the manner in which it is to be paid: (3) to determine the need for post offices, postal and training facilities and equipment, and to provide such offices, facilities, and equipment as it determines are needed: "(4) to provide and sell postage stamps and other stamped paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable: "(5) to provide philatelic services: (6) to provide, establish, change, or abolish special nonpostal or similar services: "(7) to investigate postal offenses and civil matters relating to the Postal Service: "(8) to offer and pay rewards for information and services in connection with violations of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its revenues, or property, to the person informing for the same, and to pay the other one-half into the Postal Service Fund; and "(9) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service. "§ 405. Printing of illustrations of United States postage stamps (a) When requested by the Postal Service, the Public Printer shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postał Service deems suitable. (b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the públications authorized to be printed by this section may not be sold or otherwise disposed of. "§ 406. Postal services at Armed Forces installations "(a) The Postal Service may establish branch post offices at camps. posts, bases, or stations of the Armed Forces and at defense or other strategic installations. (b) The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to performi postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section. "§ 407. International postal arrangements "(a) The Postal Service, with the consent of the President, may negotiate and conclude postal treaties or conventions, and may establish the rates of postage or other charges on mail matter conveyed between the United States and other countries. The decisions of the Postal Service construing or interpreting the provisions of any treaty or convention which has been or may be negotiated and concluded shall, if approved by the President, be conclusive upon all officers of the Government of the United States. 75-623 74 pt. 1 13 August 12, 1970 - 7 Pub. Law 91-375 "(b) The Postal Service shall transmit a copy of each postal convention concluded with other governments to the Secretary of State, who shall furnish a copy of the same to the Public Printer for publication. "§ 408. International money-order exchanges The Postal Service may make arrangements with other governments, with which postal conventions are or may be concluded, for the exchange of sums of money by means of postal orders. It shall fix limitations on the amount which may be so exchanged and the rates of exchange. "S 409. Suits by and against the Postal Service 84 STAT. 725 (a) Except as provided in section 3628 of this title, the United Post, p. 763. States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28. 62 Stat. 937. 1450. **(b) Unless otherwise provided in this title, the provisions of title 28 USC 144128 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties. (c) The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of ac- 62 Stat. 982; tivities of the Postal Service. 80 Stat. 306. (d) The Department of Justice shall furnish, under section 411 of 26 USC 2671this title, the Postal Service such legal representation as it may require, 2680. but with the prior consent of the Attorney General the Postal Service may employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service. "S 410. Application of other laws (a) Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the 80 Stat. 380, Postal Service. and con 392; 81 Stat. 195. 5 USC 500, 701. 80 Stat. 424. (b) The following provisions shall apply to the Postal Service: "(1) section 552 (public information), section 3333 and chap- 81 Stat. 54; ters 71 (employee policies) and 73 (suitability, security, duct of employees), and section 5532 (dual pay) of title 5, except that not regulation issued under such chapters or sections shall 7301. apply to the Postal Service unless expressly made applicable; 5 USC 7101, (2) all provisions of title 18 dealing with the Postal Service, 62 Stat. 683. the mails, and officers or employees of the Government of the 18 USC 1. United States; "(3) section 107 of title 20 (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind); 68 Stat. 663. "(4) the following provisions of title 40: "(A) sections 258a-258e (relating to condemnation pro- 46 Stat. 1421. ceedings); "(B) sections 270a-270e (known as the Miller Act, relating 49 Stat. 793; to performance bonds); 73 Stat. 279. 84 STAT. 726 49 Stat. 1011; 5 Stat. 49. 63 Stat. 108. 76 Stat. 357; 83 Stat. 96. 50 Stat. 479. 40 USC 721. 49 Sat. 2036. 79 Stat. 1034. 41 SC 351. 78 Stat. 252. Post, p. 733. Post, p. 758. 64 Stat. 1267. 80 Stat. 379. Pub. Law 91-375 8 August 12, 1970 "(C) sections 276a-276a-7 (known as the Davis-Bacon Act, relating to prevailing wages); (D) section 276c (relating to wage payments of certain contractors); (E) chapter 5 (the Contract Work Hours Standards Act); and (F) chapter 15 (the Government Losses in Shipment Act); *(5) the following provisions of title 41: (A) sections 35-45 (known as the Walsh-Healey Act, relating to wages and hours); and (B) chapter 6 (the Service Contract Act of 1965); and (6) sections 2000d, 2000d-1—2000d-4 of title 42 (title VI, the Civil Rights Act of 1964). "(e) Subsection (b)(1) of this section shall not require the disclosure of “(1) the name or address, past or present, of any postal patron: *(2) information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed; *(3) information prepared for use in connection with the negotiation of collective bargaining agreements under chapter 12 of this title or minutes of, or notes kept during, negotiating sessions conducted under such chapter; "(4) information prepared for use in connection with proceedings under chapter 36 of this title; *(5) the reports and memoranda of consultants or independent contractors except to the extent that they would be required to be disclosed if prepared within the Postal Service; and "(6) investigatory files, whether or not considered closed, compiled for law enforcement purposes except to the extent available by law to a party other than the Postal Service. "(d) (1) A lease agreement by the Postal Service for rent of net interior space in excess of 6.500 square feet in any building or facility, or part of a building or facility, to be occupied for purposes of the Postal Service shall include a provision that all laborers and mechanics employed in the construction, modification, alteration, repair, painting, decoration, or other improvement of the building or space covered by the agreement, or improvement at the site of such building or facility, shall be paid wages at not less than those prevailing for similar work in the locality as determined by the Secretary of Labor under section 276a of title 40. "(2) The authority and functions of the Secretary of Labor with respect to labor standards enforcement under Reorganization Plan Numbered 14 of 1950 (title 5, appendix), and regulations for contractors and subcontractors under section 276c of title 40, shall apply to the work under paragraph (1) of this subsection. (3) Paragraph (2) of this subsection shall not be construed to give the Secretary of Labor authority to direct the cancellation of the lease agreement referred to in paragraph (1) of this subsection. "§ 411. Cooperation with other Government agencies "Executive agencies within the meaning of section 105 of title 5 and the Government Printing Office are authorized to furnish property, both real and personal, and personal and nonpersonal services to the Postal Service, and the Postal Service is authorized to furnish property and services to them. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the Postal Service and the head of the agency concerned shall deem appropriate. August 12, 1970 -9 Pub. Law 91-375 "§ 412. Nondisclosure of lists of names and addresses 84 STAT. 727 "Except as specifically provided by law, no officer or employee of the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past or present) of postal patrons or other persons. "Sec. "Chapter 6.-PRIVATE CARRIAGE OF LETTERS "601. Letters carried out of the mail. "602. Foreign letters out of the mails. 603. Searches authorized. "604. Seizing and detaining letters. "605. Searching vessels for letters. "G06. Disposition of seized mail. "§ 601. Letters carried out of the mail "(a) A letter may be carried out of the mails when "(1) it is enclosed in an envelope; "(2) the amount of postage which would have been charged on the letter if it had been sent by mail is paid by stamps, or postage meter stamps, on the envelope: "(3) the envelope is properly addressed; "(4) the envelope is so sealed that the letter cannot be taken from it without defacing the envelope; "(5) any stamps on the envelope are canceled in ink by the sender; and "(6) the date of the letter, of its transmission or receipt by the carrier is endorsed on the envelope in ink. (b) The Postal Service may suspend the operation of any part of this section upon any mail route where the public interest requires the suspension. "§ 602. Foreign letters out of the mails "(a) Except as provided in section 601 of this title, the master of a vessel departing from the United States for foreign ports may not receive on board or transport any letter which originated in the United States that— "(1) has not been regularly received from a United States post office; or "(2) does not relate to the cargo of the vessel. "(b) The officer of the port empowered to grant clearances shall require from the master of such a vessel, as a condition of clearance, an oath that he does not have under his care or control, and will not receive or transport, any letter contrary to the provisions of this section. (c) Except as provided in section 1699 of title 18, the master of a 62 Stat. 777; vessel arriving at a port of the United States carrying letters not 66 Stat. 325. regularly in the mails shall deposit them in the post office at the port of arrival. "§ 603. Searches authorized "The Postal Service may authorize any officer or employee of the Postal Service to make searches for mail matter transported in violation of law. When the authorized officer has reason to believe that mailable matter transported contrary to law may be found therein, he may open and search any "(1) vehicle passing, or having lately passed, from a place at which there is a post office of the United States; “(2) article being, or having lately been, in the vehicle; or "(3) store or office, other than a dwelling house, used or occupied by a common carrier or transportation company, in which an article may be contained. |