39 U.S.C. § 2903 — Use of funds from sale of property

Page 66 TITLE 39—POSTAL SERVICE § 2805 Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘section 2401(e)’’ for ‘‘section 2401(g)’’. § 2805. Inherently Governmental functions The functions and activities of this chapter shall be considered to be inherently Govern- mental functions. The drafting of strategic plans, performance plans, and program perform- ance reports under this section shall be per- formed only by employees of the Postal Service. (Added Pub. L. 103–62, § 7, Aug. 3, 1993, 107 Stat. 294.) CHAPTER 29—PROPERTY MANAGEMENT Sec. 2901. Definitions. 2902. Property management. 2903. Use of funds from sale of property. Editorial Notes AMENDMENTS 2022—Pub. L. 117–108, title I, § 102(d)(2), Apr. 6, 2022, 136 Stat. 1140, added item 2903. § 2901. Definitions In this chapter: (1) EXCESS PROPERTY.—The term ‘‘excess property’’ means any postal property that the Postal Service determines is not required to meet the needs or responsibilities of the Post- al Service. (2) POSTAL PROPERTY.—The term ‘‘postal property’’ means any property owned or leased by the Postal Service. (3) UNDERUTILIZED PROPERTY.—The term ‘‘underutilized property’’ means a portion or the entirety of any real property that is postal property, including any improvements, that is used— (A) irregularly or intermittently by the Postal Service for program purposes of the Postal Service; or (B) for program purposes that can be satis- fied only with a portion of the property. (Added Pub. L. 114–318, § 4(a), Dec. 16, 2016, 130 Stat. 1613.) § 2902. Property management (a) IN GENERAL.—The Postal Service— (1) shall maintain adequate inventory con- trols and accountability systems for postal property; (2) shall develop current and future work- force projections so as to have the capacity to assess the needs of the Postal Service work- force regarding the use of property; (3) may develop a 5-year management tem- plate that— (A) establishes goals and policies that will lead to the reduction of excess property and underutilized property in the inventory of the Postal Service; (B) adopts workplace practices, configura- tions, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets; (C) assesses leased space to identify space that is not fully used or occupied; (D) develops recommendations on how to address excess capacity at Postal Service fa- cilities without negatively impacting mail delivery; and (E) develops recommendations on ensuring the security of mail processing operations; and (4) if the Postal Service develops a template under paragraph (3) shall, as part of that tem- plate and on a regular basis— (A) conduct an inventory of postal prop- erty that is real property; and (B) publish a report that covers each prop- erty identified under subparagraph (A), simi- lar to the USPS Owned Facilities Report and the USPS Leased Facilities Report, that in- cludes— (i) the date on which the Postal Service first occupied the property; (ii) the size of the property in square footage and acreage; (iii) the geographical location of the property, including an address and descrip- tion; (iv) the extent to which the property is being utilized; (v) the actual annual operating costs as- sociated with the property; (vi) the total cost of capital expenditures associated with the property; (vii) the number of postal employees, contractor employees, and functions housed at the property; (viii) the extent to which the mission of the Postal Service is dependent on the property; and (ix) the estimated amount of capital ex- penditures projected to maintain and oper- ate the property over each of the next 5 years after the date of enactment of this chapter. (b) RULE OF CONSTRUCTION.—Nothing in sub- section (a)(4)(B) shall be construed to require the Postal Service to obtain an appraisal of postal property. (Added Pub. L. 114–318, § 4(a), Dec. 16, 2016, 130 Stat. 1613.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (a)(4)(B)(ix), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016. § 2903. Use of funds from sale of property In the event that the Postal Service perma- nently ceases operations, any funds derived from the sale of any real property owned by the Post- al Service shall be used to pay any outstanding liability with respect to the salaries and ex- penses of any Postal Service employee. The bal- ance of any remaining funds shall be deposited into the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5. (Added Pub. L. 117–108, title I, § 102(d)(1), Apr. 6, 2022, 136 Stat. 1140.) Page 67 TITLE 39—POSTAL SERVICE § 3001 1 So in original. Probably should be ‘‘Services’’. 1 See References in Text note below. PART IV—MAIL MATTER Chap. Sec. 30. Nonmailable Matter ............................ 3001 32. Penalty and Franked Mail ................ 3201 34. Armed Forces and Free Postage ..... 3401 36. Postal Rates, Classes, and Services 3601 37. Nonpostal services 1 ............................ 3701 Editorial Notes AMENDMENTS 2022—Pub. L. 117–108, title I, § 103(a)(2), Apr. 6, 2022, 136 Stat. 1144, added item for chapter 37. CHAPTER 30—NONMAILABLE MATTER Sec. 3001. Nonmailable matter. 3002. Nonmailable motor vehicle master keys. 3002a. Nonmailability of locksmithing devices. 3003. Mail bearing a fictitious name or address. 3004. Delivery of mail to persons not residents of the place of address. 3005. False representations; lotteries. [3006. Repealed.] 3007. Detention of mail for temporary periods. 3008. Prohibition of pandering advertisements. 3009. Mailing of unordered merchandise. 3010. Mailing of sexually oriented advertisements. 3011. Judicial enforcement. 3012. Civil penalties. 3013. Semiannual reports on investigative activi- ties of the Postal Service. 3014. Nonmailable plants. 3015. Nonmailable plant pests and injurious ani- mals. 3016. Administrative subpoenas. 3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings. 3018. Hazardous material. Editorial Notes AMENDMENTS 2006—Pub. L. 109–435, title X, § 1008(c)(2), Dec. 20, 2006, 120 Stat. 3260, added item 3018. 1999—Pub. L. 106–168, title I, §§ 105(b)(1), 107(d), 108(b), Dec. 12, 1999, 113 Stat. 1811, 1814, 1816, repealed item 3006 ‘‘Unlawful matter’’ and added items 3016 and 3017. 1992—Pub. L. 102–393, title VI, § 631(d)(2), Oct. 6, 1992, 106 Stat. 1776, added item 3015. 1988—Pub. L. 100–690, title VII, § 7090(b), Nov. 18, 1988, 102 Stat. 4410, added item 3002a. Pub. L. 100–574, § 1(a)(2), Oct. 31, 1988, 102 Stat. 2893, added item 3014. 1983—Pub. L. 98–186, § 3(c), Nov. 30, 1983, 97 Stat. 1317, added items 3012 and 3013. § 3001. Nonmailable matter (a) Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 1 of title 18, or sec- tion 26 of the Animal Welfare Act is non- mailable. (b) Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or de- tained for violation of law, shall be disposed of as the Postal Service shall direct. (c)(1) Matter which— (A) exceeds the size and weight limits pre- scribed for the particular class of mail; or (B) is of a character perishable within the period required for transportation and deliv- ery; is nonmailable. (2) Matter made nonmailable by this sub- section which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. (d) Matter otherwise legally acceptable in the mails which— (1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but (2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall pre- scribe— (A) the following notice: ‘‘This is a solicita- tion for the order of goods or services, or both, and not a bill, invoice, or statement of ac- count due. You are under no obligation to make any payments on account of this offer unless you accept this offer.’’; or (B) in lieu thereof, a notice to the same ef- fect in words which the Postal Service may prescribe. (e)(1) Any matter which is unsolicited by the addressee and which is designed, adapted, or in- tended for preventing conception (except un- solicited samples thereof mailed to a manufac- turer thereof, a dealer therein, a licensed physi- cian or surgeon, or a nurse, pharmacist, drug- gist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service di- rects. (2) Any unsolicited advertisement of matter which is designed, adapted, or intended for pre- venting conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs unless the advertisement— (A) is mailed to a manufacturer of such mat- ter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hos- pital, or clinic; or (B) accompanies in the same parcel any un- solicited sample excepted by paragraph (1) of this subsection. An advertisement shall not be deemed to be un- solicited for the purposes of this paragraph if it is contained in a publication for which the ad- dressee has paid or promised to pay a consider- ation or which he has otherwise indicated he de- sires to receive. (f) Any matter which is unsolicited by the ad- dressee, which contains a ‘‘household substance’’ (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not com- ply with the requirements for special child-re- sistant packaging established for that substance