§ 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.
