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§ 410. —  Application of other laws.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC410]

 
                        TITLE 39--POSTAL SERVICE
 
                             PART I--GENERAL
 
                      CHAPTER 4--GENERAL AUTHORITY
 
Sec. 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 Postal 
Service.
    (b) The following provisions shall apply to the Postal Service:
        (1) section 552 (public information), section 552a (records 
    about individuals), section 552b (open meetings), section 3102 
    (employment of personal assistants for blind, deaf, or otherwise 
    handicapped employees), section 3110 (restrictions on employment of 
    relatives), section 3333 and chapters 72 (antidiscrimination; right 
    to petition Congress) and 73 (suitability, security, and conduct of 
    employees), section 5520 (withholding city income or employment 
    taxes), and section 5532 \1\ (dual pay) of title 5, except that no 
    regulation issued under such chapters or section shall apply to the 
    Postal Service unless expressly made applicable;
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    \1\ See References in Text note below.
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        (2) all provisions of title 18 dealing with the Postal Service, 
    the mails, and officers or employees of the Government of the United 
    States;
        (3) section 107 of title 20 (known as the Randolph-Sheppard Act, 
    relating to vending machines operated by the blind);
        (4) the following provisions of title 40:
            (A) sections 3114-3116, 3118, 3131, 3133, and 3141-3147; and
            (B) chapters 37 and 173;

        (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);

        (6) sections 2000d, 2000d-1--2000d-4 of title 42 (title VI, the 
    Civil Rights Act of 1964);
        (7) section 19 of the Occupational Safety and Health Act of 1970 
    (29 U.S.C. 668);
        (8) the provisions of the Act of August 12, 1968 (42 U.S.C. 
    4151-4156);
        (9) chapter 39 of title 31;
        (10) the Inspector General Act of 1978; and
        (11) section 5520a of title 5.

    (c) 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.\1\
    (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,\1\ 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.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725; Pub. L. 91-656, Sec. 8(a), 
Jan. 8, 1971, 84 Stat. 1955; Pub. L. 93-340, Sec. 2, July 10, 1974, 88 
Stat. 294; Pub. L. 94-82, title I, Sec. 101, Aug. 9, 1975, 89 Stat. 419; 
Pub. L. 94-409, Sec. 5(a), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 94-
541, title II, Sec. 203, Oct. 18, 1976, 90 Stat. 2508; Pub. L. 95-454, 
title III, Sec. 302(c), title VII, Sec. 703(c)(4), Oct. 13, 1978, 92 
Stat. 1146, 1217; Pub. L. 96-523, Sec. 1(c)(2), Dec. 12, 1980, 94 Stat. 
3040; Pub. L. 100-496, Sec. 2(c)(2), Oct. 17, 1988, 102 Stat. 2456; Pub. 
L. 100-504, title I, Sec. 104(b), Oct. 18, 1988, 102 Stat. 2525; Pub. L. 
103-82, title II, Sec. 202(g)(6), Sept. 21, 1993, 107 Stat. 890; Pub. L. 
103-94, Sec. 9(b)(2), Oct. 6, 1993, 107 Stat. 1010; Pub. L. 103-123, 
title VII, Sec. 708(a), Oct. 28, 1993, 107 Stat. 1272; Pub. L. 104-208, 
div. A, title I, Sec. 101(f) [title VI, Sec. 662(f)(1)], Sept. 30, 1996, 
110 Stat. 3009-314, 3009-382; Pub. L. 107-217, Sec. 3(k), Aug. 21, 2002, 
116 Stat. 1301.)

                       References in Text

    Section 5532 of title 5, referred to in subsec. (b)(1), was repealed 
by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.
    Section 107 of title 20, known as the Randolph-Sheppard Act, 
referred to in subsec. (b)(3), is section 1 of act June 20, 1936, ch. 
638, 49 Stat. 1559, as amended. The act of June 20, 1936, popularly 
known as the Randolph-Sheppard Act and also as the Randolph-Sheppard 
Vending Stand Act, is classified generally to chapter 6A (Sec. 107 et 
seq.) of Title 20, Education. For complete classification of this Act to 
the Code, see Short Title note set out under section 107 of Title 20 and 
Tables.
    The Walsh-Healey Act, referred to in subsec. (b)(5)(A), is act June 
30, 1936, ch. 881, 49 Stat. 2036, as amended, which is classified 
generally to sections 35 to 45 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 35 of Title 41 and Tables. See also section 262 of 
Title 29, Labor.
    The Service Contract Act of 1965, referred to in subsec. (b)(5)(B), 
is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as amended, which is 
classified generally to chapter 6 (Sec. 351 et seq.) of Title 41. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 351 of Title 41 and Tables.
    The Civil Rights Act of 1964, referred to in subsec. (b)(6), is Pub. 
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil 
Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d 
et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 2000a of Title 42 and Tables.
    Section 19 of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 668), referred to in subsec. (b)(7), is section 19 of Pub. L. 91-
596, Dec. 29, 1970, 84 Stat. 1609, which enacted section 668 of Title 
29, Labor, and amended section 7902 of Title 5, Government Organization 
and Employees.
    The provisions of the Act of August 12, 1968 (42 U.S.C. 4151-4156), 
referred to in subsec. (b)(8), probably means Pub. L. 90-480, Aug. 12, 
1968, 82 Stat. 718, as amended, popularly known as the Architectural 
Barriers Act of 1968, which is classified generally to chapter 51 
(Sec. 4151 et seq.) of Title 42, The Public Health and Welfare. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 4151 of Title 42 and Tables.
    The Inspector General Act of 1978, referred to in subsec. (b)(10), 
is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is 
set out in the Appendix to Title 5, Government Organization and 
Employees.
    Section 276a of title 40, referred to in subsec. (d)(1), is section 
1 of act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was 
classified to section 276a of former Title 40, Public Buildings, 
Property, and Works, and was repealed and reenacted as sections 3141(2) 
and 3142 of Title 40, Public Buildings, Property, and Works, by Pub. L. 
107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
    Reorganization Plan numbered 14 of 1950 (title 5, appendix), 
referred to in subsec. (d)(2), is Reorg. Plan No. 14 of 1950, eff. May 
24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix 
to Title 5.
    Section 276c of title 40, referred to in subsec. (d)(2), is section 
2 of act June 13, 1934, ch. 482, 48 Stat. 948, as amended, which was 
classified to section 276c of former Title 40, Public Buildings, 
Property, and Works, and was repealed and reenacted as section 3145 of 
Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, 
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.


                               Amendments

    2002--Subsec. (b)(4). Pub. L. 107-217 amended par. (4) generally. 
Prior to amendment, par. (4) read as follows: ``the following provisions 
of title 40:
        ``(A) sections 258a-258e (relating to condemnation proceedings);
        ``(B) sections 270a-270e (known as the Miller Act, relating to 
    performance bonds);
        ``(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);''.
    1996--Subsec. (b)(9). Pub. L. 104-208, Sec. 101(f) [title VI, 
Sec. 662(f)(1)(A)], struck out ``and'' at end.
    Subsec. (b)(10). Pub. L. 104-208, Sec. 101(f) [title VI, 
Sec. 662(f)(1)(B)], substituted ``(10) the Inspector General Act of 
1978; and'' for ``the provisions of section 8F of the Inspector General 
Act of 1978.''
    1993--Subsec. (b)(8). Pub. L. 103-82, Sec. 202(g)(6)(A), and Pub. L. 
103-123, Sec. 708(a)(1), amended par. (8) identically, striking out 
``and'' at end.
    Subsec. (b)(9). Pub. L. 103-123, Sec. 708(a)(2), substituted 
``chapter'' for ``Chapter'' in par. (9) relating to title 31.
    Pub. L. 103-82, Sec. 202(g)(6)(B), and Pub. L. 103-123, 
Sec. 708(a)(2), amended par. (9), relating to title 31, identically, 
substituting ``; and'' for period at end.
    Pub. L. 103-94, Sec. 9(b)(2)(A), and Pub. L. 103-123, 
Sec. 708(a)(3), which directed the identical amendment of subsec. (b) by 
redesignating par. (9), providing for applicability to Postal Service of 
provisions of section 8E of Inspector General Act of 1978, as (10), 
could not be executed because Pub. L. 103-82, Sec. 202(g)(6)(C), struck 
out such par. See below.
    Pub. L. 103-82, Sec. 202(g)(6)(C), struck out second par. (9) which 
provided for applicability to Postal Service of the provisions of 
section 8E of Inspector General Act of 1978.
    Subsec. (b)(10). Pub. L. 103-94, Sec. 9(b)(2)(A), and Pub. L. 103-
123, Sec. 708(a)(3), which directed the identical amendment of subsec. 
(b) by redesignating par. (9), providing for applicability to Postal 
Service of provisions of section 8E of Inspector General Act of 1978, as 
(10), could not be executed because Pub. L. 103-82, Sec. 202(g)(6)(C), 
struck out such par. See above.
    Pub. L. 103-82, Sec. 202(g)(6)(C), added par. (10).
    Subsec. (b)(11). Pub. L. 103-94, Sec. 9(b)(2)(B), added par. (11).
    1988--Subsec. (b)(6) to (8). Pub. L. 100-504, Sec. 104(b)(1)-(4), 
struck out ``and'' after semicolon in par. (6), substituted semicolon 
for period in par. (7), and substituted ``the provisions'' for ``The 
provisions'' and ``; and'' for period in par. (8).
    Subsec. (b)(9). Pub. L. 100-504, Sec. 104(b)(5), added par. (9) 
relating to section 8E of Inspector General Act.
    Pub. L. 100-496 added par. (9) relating to chapter 39 of title 31.
    1980--Subsec. (b)(1). Pub. L. 96-523 substituted ``section 3102 
(employment of personal assistants for blind, deaf, or otherwise 
handicapped'' for ``3102 (employment of reading assistants for blind 
employees and interpreting assistants for deaf''.
    1978--Subsec. (b)(1). Pub. L. 95-454 inserted provisions relating to 
reading and interpreting assistants, and substituted provisions 
respecting applicability of chapter 72 of title 5, for provisions 
respecting applicability of chapter 71 of title 5.
    1976--Subsec. (b)(1). Pub. L. 94-409 inserted references to sections 
552a and 552b of title 5.
    Subsec. (b)(8). Pub. L. 94-541 added par. (8).
    1975--Subsec. (b)(7). Pub. L. 94-82 added par. (7).
    1974--Subsec. (b)(1). Pub. L. 93-340 inserted ``section 5520 
(withholding city income or employment taxes),'' before ``and section 
5532 (dual pay)''.
    1971--Subsec. (b)(1). Pub. L. 91-656 inserted ``section 3110 
(restrictions on employment of relatives),'' before ``section 3333'' and 
substituted ``no regulation'' for ``not regulation''.


          Effective Date of 1993 Amendments; Savings Provision

    Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, 
but not to release or extinguish any penalty, forfeiture, or liability 
incurred under amended provision, which is to be treated as remaining in 
force for purpose of sustaining any proper proceeding or action for 
enforcement of that penalty, forfeiture, or liability, and no provision 
of Pub. L. 103-94 to affect any proceedings with respect to which 
charges were filed on or before 120 days after Oct. 6, 1993, with orders 
to be issued in such proceedings and appeals taken therefrom as if Pub. 
L. 103-94 had not been enacted, see section 12 of Pub. L. 103-94, set 
out as an Effective Date; Savings Provision note under section 7321 of 
Title 5, Government Organization and Employees.
    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 
202(i) of Pub. L. 103-82, set out as an Effective Date note under 
section 12651 of Title 42, The Public Health and Welfare.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, 
see section 113 of Pub. L. 100-504, set out as a note under section 5 of 
Pub. L. 95-452 (Inspector General Act of 1978) in the Appendix to Title 
5, Government Organization and Employees.
    Amendment by Pub. L. 100-496 applicable with respect to all 
obligations incurred on or after Jan. 1, 1989, see section 14(c) of Pub. 
L. 100-496, set out as a note under section 3902 of Title 31, Money and 
Finance.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-523 effective sixty days after Dec. 12, 
1980, see section 3 of Pub. L. 96-523, set out as a note under section 
3102 of Title 5, Government Organization and Employees.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of Title 5, Government Organization and Employees.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, 
see section 6 of Pub. L. 94-409, set out as an Effective Date note under 
section 552b of Title 5, Government Organization and Employees.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-340 effective on 90th day following July 10, 
1974, see section 3 of Pub. L. 93-340, set out as an Effective Date note 
under section 5520 of Title 5, Government Organization and Employees.


                    Effective Date of 1971 Amendment

    Section 8(b) of Pub. L. 91-656 provided that: ``The provisions of 
this section [amending this section] shall become effective on the 
effective date prescribed under section 15(a) of the Postal 
Reorganization Act [set out as an Effective Date note preceding section 
101 of this title] for section 410 of title 39, United States Code, as 
enacted by that Act.''


                             Effective Date

    Subsecs. (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this 
section effective Apr. 13, 1971, pursuant to Resolution No. 71-14 of the 
Board of Governors, subsecs. (b)(1), relating to section 552 of Title 5, 
Government Organization and Employees, and (c)(4) effective Jan. 20, 
1971 pursuant to Resolution No. 71-10 of the Board of Governors, and 
subsec. (d) effective July 1, 1971, pursuant to Resolution No. 71-9 of 
the Board of Governors. See section 15(a) of Pub. L. 91-375, set out as 
a note preceding section 101 of this title.


Applicability of Hatch Act Reform Amendments of 1993 to Postal Employees

    Section 7 of Pub. L. 103-94 provided that: ``The amendments made by 
this Act [enacting sections 5520a and 7321 to 7326 of Title 5, 
Government Organization and Employees, and section 610 of Title 18, 
Crimes and Criminal Procedure, amending this section, sections 1216, 
2302, 3302, and 3303 of Title 5, sections 602 and 603 of Title 18, and 
sections 1973d and 9904 of Title 42, The Public Health and Welfare, and 
omitting former sections 7321 to 7328 of Title 5] (except for the 
amendments made by section 8 [amending sections 2302 and 3303 of Title 
5]), and any regulations thereunder, shall apply with respect to 
employees of the United States Postal Service and the Postal Rate 
Commission, pursuant to sections 410(b) and 3604(e) of title 39, United 
States Code.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2803, 3604 of this title; 
title 31 section 1344.



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