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39 U.S.C. § 410 — Application of other laws

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 410 — Application of other laws

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Stable record: federal_law:legal_authorities:record_usc_8c7ba1d5cfbdaee0f7e15a45
Source file: Laws/federal/codes/united-states-code/title-39/section-410-application-of-other-laws--733a9f7007.md
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Source location: Title 39, Chapter 4, § 410; chapter-004-general-authority.md

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**(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 11 See References in Text note below. (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; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (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) chapters 65 and 67 of title 41; (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section668&num=0&edition=prelim)); (8) the provisions of the Act of August 12, 1968 ([42 U.S.C. 4151–415](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4151–415&num=0&edition=prelim)6); (9) chapter 39 of title 31; (10) chapter 4 of title 5; and (11) [section 5520a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5520a&num=0&edition=prelim). **(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 3142 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3142&num=0&edition=prelim). (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 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7902 — Safety programs

**(a)** For the purpose of this section— (1) “employee” means an employee as defined by [section 8101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8101&num=0&edition=prelim); and (2) “agency” means an agency in any branch of the Government of the United States (not including the United States Postal Service), including an instrumentality wholly owned by the United States, and the government of the District of Columbia. **(b)** The Secretary of Labor shall carry out a safety program under [section 941(b)(1) of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section941/b/1&num=0&edition=prelim) covering the employment of each employee of an agency. **(c)** The President may— (1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations representing employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and (2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies. **(d)** The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks. **(e)** Each agency shall— (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7902

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4151 — “Building” defined

As used in this chapter, the term “building” means any building or facility (other than (A) a privately owned residential structure not leased by the Government for subsidized housing programs and (B) any building or facility on a military installation designed and constructed primarily for use by able bodied military personnel) the intended use for which either will require that such building or facility be accessible to the public, or may result in the employment or residence therein of physically handicapped persons, which building or facility is— (1) to be constructed or altered by or on behalf of the United States; (2) to be leased in whole or in part by the United States after August 12, 1968; (3) to be financed in whole or in part by a grant or a loan made by the United States after August 12, 1968, if such building or facility is subject to standards for design, construction, or alteration issued under authority of the law authorizing such grant or loan; or (4) to be constructed under authority of the National Capital Transportation Act of 1960, the National Capital Transportation Act of 1965, or title III of the Washington Metropolitan Area Transit Regulation Compact.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4151

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 668 — Programs of Federal agencies

**(a) Establishment, development, and maintenance by head of each Federal agency** It shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establish and maintain an effective and comprehensive occupational safety and health program which is consistent with the standards promulgated under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim). The head of each agency shall (after consultation with representatives of the employees thereof)— (1) provide safe and healthful places and conditions of employment, consistent with the standards set under [section 655 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section655&num=0&edition=prelim); (2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices reasonably necessary to protect employees; (3) keep adequate records of all occupational accidents and illnesses for proper evaluation and necessary corrective action; (4) consult with the Secretary with regard to the adequacy as to form and content of records kept pursuant to subsection (a)(3) of this section; and (5) make an annual report to the Secretary with respect to occupational accidents and injuries and the agency’s program under this section. Such report shall include any report submitted under [section 7902(e)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7902/e/2&num=0&edition=prelim). **(b) Report by Secretary to President** The Secretary shall report to the President a summary or digest of reports submitted to him under subsection (a)(5) of this section, together with his evaluations of and recomme

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 668

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7321 — Political participation

It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3902 — Interest penalties

**(a)** Under regulations prescribed under [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim), the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 7109(a)(1) and (b) of title 41, which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty. **(b)** The interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made. **(c)** (1) A business concern shall be entitled to an interest penalty of $1.00 or more which is owed such business concern under this section, and such penalty shall be paid without regard to whether the business concern has requested payment of such penalty. (2) Each payment subject to this chapter for which a late payment interest penalty is required to be paid shall be accompanied by a notice stating the amount of the interest penalty included in such payment and the rate by which, and period for which, such penalty was computed. (3) If a business concern— (A) is owed an interest penalty by an agency; (B) is not paid the interest penalty in a payment made to the business concern by the agency on or after the date on which the interest penalty becomes due; (C) is not paid the interest penalty by the agency within 10 days after the date on which such

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3902

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5520 — Withholding of city or county income or employment taxes

**(a)** When a city or county ordinance— (1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and (2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction; the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in [section 5517(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5517/d&num=0&edition=prelim)). The agreement may not permit withholding of a city or county tax from the pay of an employee who is not a resident of, or whose regular place of Federal employment is not within, the State in which that city or county is located unless the employee consents to the withholding. **(b)** This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States tha

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5520

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3102 — Employment of personal assistants for handicapped employees, including blind and deaf employees

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; and (C) an office, agency, or other establishment in the judicial branch; (2) “handicapped employee” means an individual employed by an agency who is blind or deaf or who otherwise qualifies as a handicapped individual within the meaning of section 501 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim)); 11 So in original. Probably should be “([29 U.S.C. 791](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section791&num=0&edition=prelim));”. and (3) “nonprofit organization” means an organization determined by the Secretary of the Treasury to be an organization described in section 501(c) of the Internal Revenue Code of 1986 ([26 U.S.C. 501(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim)) which is exempt from taxation under section 501(a) of such Code. **(b)** (1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee’s official duties and who shall serve without pay from the agency, without regard to— (A) the provisions of this title governing appointment in the competitive service; (B) chapter 51 and subchapter III of chapter 53 of this title; and (C) [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim). Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistan

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3102

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