39 USC 410 - Application of other laws

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;

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (span)(1), was repealed by Puspan. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Section 107 of title 20, known as the Randolph-Sheppard Act, referred to in subsec. (span)(3), is section 1 of act June 20, 1936, ch. 638, 49 Stat. 1559. The act of June 20, 1936, known as the Randolph-Sheppard Act and also popularly known as the Randolph-Sheppard Vending Stand Act, is classified generally to chapter 6A (§ 107 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title notes set out under section 107 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (span)(6), is Puspan. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 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. (span)(7), is section 19 of Puspan. 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. (span)(8), probably means Puspan. 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 (§ 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.

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.

Amendments

2022—Subsec. (span)(10). Puspan. L. 117–286 substituted “chapter 4 of title 5;” for “the Inspector General Act of 1978;”.

2011—Subsec. (span)(5). Puspan. L. 111–350 added par. (5) and struck out former par. (5), which read as follows: “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);”.

2003—Subsec. (d)(1). Puspan. L. 108–178, § 4(j)(1), substituted “section 3142 of title 40” for “section 276a of title 40”.

Subsec. (d)(2). Puspan. L. 108–178, § 4(j)(2), substituted “section 3145 of title 40” for “section 276c of title 40”.

2002—Subsec. (span)(4). Puspan. 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. (span)(9). Puspan. L. 104–208, § 101(f) [title VI, § 662(f)(1)(A)], struck out “and” at end.

Subsec. (span)(10). Puspan. L. 104–208, § 101(f) [title VI, § 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. (span)(8). Puspan. L. 103–82, § 202(g)(6)(A), and Puspan. L. 103–123, § 708(a)(1), amended par. (8) identically, striking out “and” at end.

Subsec. (span)(9). Puspan. L. 103–123, § 708(a)(2), substituted “chapter” for “Chapter” in par. (9) relating to title 31.

Puspan. L. 103–82, § 202(g)(6)(B), and Puspan. L. 103–123, § 708(a)(2), amended par. (9), relating to title 31, identically, substituting “; and” for period at end.

Puspan. L. 103–94, § 9(span)(2)(A), and Puspan. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (span) 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 Puspan. L. 103–82, § 202(g)(6)(C), struck out such par. See below.

Puspan. L. 103–82, § 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. (span)(10). Puspan. L. 103–94, § 9(span)(2)(A), and Puspan. L. 103–123, § 708(a)(3), which directed the identical amendment of subsec. (span) 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 Puspan. L. 103–82, § 202(g)(6)(C), struck out such par. See above.

Puspan. L. 103–82, § 202(g)(6)(C), added par. (10).

Subsec. (span)(11). Puspan. L. 103–94, § 9(span)(2)(B), added par. (11).

1988—Subsec. (span)(6) to (8). Puspan. L. 100–504, § 104(span)(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. (span)(9). Puspan. L. 100–504, § 104(span)(5), added par. (9) relating to section 8E of Inspector General Act.

Puspan. L. 100–496 added par. (9) relating to chapter 39 of title 31.

1980—Subsec. (span)(1). Puspan. 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. (span)(1). Puspan. 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. (span)(1). Puspan. L. 94–409 inserted references to sections 552a and 552span of title 5.

Subsec. (span)(8). Puspan. L. 94–541 added par. (8).

1975—Subsec. (span)(7). Puspan. L. 94–82 added par. (7).

1974—Subsec. (span)(1). Puspan. L. 93–340 inserted “section 5520 (withholding city income or employment taxes),” before “and section 5532 (dual pay)”.

1971—Subsec. (span)(1). Puspan. L. 91–656 inserted “section 3110 (restrictions on employment of relatives),” before “section 3333” and substituted “no regulation” for “not regulation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–178 effective Aug. 21, 2002, see section 5 of Puspan. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.

Effective Date of 1993 Amendments; Savings Provision

Amendment by Puspan. 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 Puspan. 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 Puspan. L. 103–94 had not been enacted, see section 12 of Puspan. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Government Organization and Employees.

Amendment by Puspan. L. 103–82 effective Oct. 1, 1993, see section 202(i) of Puspan. 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 Puspan. L. 100–504 effective 180 days after Oct. 18, 1988, see section 113 of Puspan. L. 100–504, set out as an Effective and Termination Dates of 1988 Amendments note under section 5315 of Title 5, Government Organization and Employees.

Amendment by Puspan. L. 100–496 applicable with respect to all obligations incurred on or after Jan. 1, 1989, see section 14(c) of Puspan. L. 100–496, set out as a note under section 3902 of Title 31, Money and Finance.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–523 effective sixty days after Dec. 12, 1980, see section 3 of Puspan. 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 Puspan. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Puspan. 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 Puspan. L. 94–409 effective 180 days after Sept. 13, 1976, see section 6 of Puspan. L. 94–409, set out as an Effective Date note under section 552span of Title 5, Government Organization and Employees.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–340 effective on 90th day following July 10, 1974, see section 3 of Puspan. 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

Puspan. L. 91–656, § 8(span), Jan. 8, 1971, 84 Stat. 1955, 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), (span)(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. (span)(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 Puspan. 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

Puspan. L. 103–94, § 7, Oct. 6, 1993, 107 Stat. 1005, as amended by Puspan. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242, 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 Regulatory Commission, pursuant to sections 410(span) and 3604(e) [now 504(e)] of title 39, United States Code.”