39 USC 410 - Application of other laws

View all text of Chapter 4 [§ 401 - § 416]

§ 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

1 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 (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);

(8) the provisions of the Act of August 12, 1968 (42 U.S.C. 4151–4156);

(9) chapter 39 of title 31;

(10) chapter 4 of title 5; and

(11)section 5520a of title 5.

(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.

(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, 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, § 8(a), Jan. 8, 1971, 84 Stat. 1955; Pub. L. 93–340, § 2, July 10, 1974, 88 Stat. 294; Pub. L. 94–82, title I, § 101, Aug. 9, 1975, 89 Stat. 419; Pub. L. 94–409, § 5(a), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 94–541, title II, § 203, Oct. 18, 1976, 90 Stat. 2508; Pub. L. 95–454, title III, § 302(c), title VII, § 703(c)(4), Oct. 13, 1978, 92 Stat. 1146, 1217; Pub. L. 96–523, § 1(c)(2), Dec. 12, 1980, 94 Stat. 3040; Pub. L. 100–496, § 2(c)(2), Oct. 17, 1988, 102 Stat. 2456; Pub. L. 100–504, title I, § 104(b), Oct. 18, 1988, 102 Stat. 2525; Pub. L. 103–82, title II, § 202(g)(6), Sept. 21, 1993, 107 Stat. 890; Pub. L. 103–94, § 9(b)(2), Oct. 6, 1993, 107 Stat. 1010; Pub. L. 103–123, title VII, § 708(a), Oct. 28, 1993, 107 Stat. 1272; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(f)(1)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–382; Pub. L. 107–217, § 3(k), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108–178, § 4(j), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 111–350, § 5(k), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 117–286, § 4(b)(63), Dec. 27, 2022, 136 Stat. 4350.)