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Editor's Note: The following article, "Use it or Lose it: Waiver of Article III Adjudication in a Post-Stern World," won the prize for second place in the Fifth Annual ABI Bankruptcy Law Student Writing Competition. The article discusses the opinion from In re Bellingham as it relates to, and deviates from, the Stern decision. The author, Ashley Champion, is a student at Georgia State University College of Law. In addition to recognition and publication of her article in the Bankruptcy Litigation Committee Newsletter, Ms. Champion receives a cash award of $1250, sponsored by Jenner & Block LLP, and a one-year ABI membership.
In December 2012, the Ninth Circuit released its much-anticipated opinion in In re Bellingham Insurance Agency, Inc. (Bellingham), creating the first post-Stern v. Marshall circuit split. Perhaps unsurprisingly, the Bellingham court held that after Stern, non-Article III bankruptcy judges lacked the authority to enter final judgments on fraudulent conveyance actions brought against non-creditor third parties to the bankruptcy proceedings. The court reserved its surprise, however, for a question left unresolved by Stern: whether parties may consent to a bankruptcy court entering a final order it otherwise would not have the authority to enter.
In a bold move, the Bellingham court not only answered in the affirmative, but also held that the third party impliedly waived this right to Article III adjudication by failing to challenge the bankruptcy court’s authority to enter final judgment earlier in the proceedings. This holding—that the right to Article III adjudication can be waived—is in direct conflict with the recent sixth circuit case Waldman v. Stone, which held that the constitutional grant of authority is a “structural principle advanced by Article III,” not subject to waiver. As a result, the birth circuit of Stern v. Marshall has created an important circuit split that may ultimately wind its way back to the Supreme Court.
If the Court decides to resolve the newly-created split, the question becomes whether it will endorse the Sixth Circuit or the Ninth Circuit and what consequences its choice will have–both for the Stern decision specifically and waiver of Article III adjudication in general. It appears that a decision from the Supreme Court that follows the Sixth Circuit’s pronouncement would mark the extinction of waiver, while a decision endorsing the Ninth Circuit’s reasoning would undercut Stern v. Marshall’s holding that bankruptcy judges, as non-article III judges, lack authority to enter final judgment in third-party state law claims. This article predicts that Bellingham will likely be reversed under Stern because its finding of implied waiver threatens to create an end-run around Stern that would swallow its holding.
Less than three months before the Bellingham opinion was issued, the Sixth Circuit released its opinion in Waldman v. Stone. In Waldman, Ron Stone—a chapter 11 debtor-in-possession—brought an adversarial proceeding against his principal creditor, Randall Waldman. After a bench trial, the bankruptcy court found that Waldman had fraudulently procured nearly all of Stone’s business assets. To remedy the damage, the court discharged the debts Stone owed Waldman and awarded Stone more than three million dollars in compensatory and punitive damages. After this judgment was entered, Waldman challenged the bankruptcy court’s constitutional authority to enter a final judgment on several grounds.
With regard to the structural principle component, the United States as amicus curiae argued that bankruptcy courts do not threaten encroachment on the authority of the judicial branch because they are housed in the judiciary. Thus, the structural principle—with its roots in separation of powers concerns—was not implicated, leaving only Waldman’s personal right, which he waived. The court rejected this argument as “too narrow a view of the interests preserved by Article III.” It went on to explain that the concern was not so much encroachment by the other branches but rather diminution of the judicial branch. Essentially, the court reasoned that delegating the government’s judicial power to non-Article III entities—such as bankruptcy courts—dilutes the judiciary’s effectiveness in serving in the system of checks and balances, resulting in a “weaker and less independent” judicial branch. It then concluded that while the personal right to Article III adjudication is subject to waiver, this structural principle preserving the strength and independence of the judiciary was “not Waldman’s to waive.” But if this analysis of the structural principle is correct, it seems as though waiver of Article III adjudication in a bankruptcy setting is impossible. Further, such a rule would undermine 28 U.S.C. § 157(c)(2), which allows parties to consent to a bankruptcy court’s entry of a final judgment on non-core matters.  Perhaps that was the Waldman court’s intent all along.
By contrast, the Ninth Circuit held in Bellingham that the right to Article III adjudication is indeed subject to waiver. In Bellingham, Nicholas Palevada and his wife operated several companies, including Aegis Retirement Income Services, Inc. (ARIS) and Bellingham Insurance Agency, Inc. (Bellingham). ARIS and Bellingham shared an office and phone number and were run by Palevada and his wife. ARIS lacked funding to operate independently, so it posted all of its income and expenses through Bellingham, which eventually became insolvent and stopped operating.
The day after Bellingham ceased operation, Palevada used Bellingham funds to incorporate the Executive Benefits Insurance Agency (EBIA), which shared an account jointly with ARIS and over three hundred thousand dollars of commission earned between January and June was deposited into the jointly held account. Shortly after, Bellingham filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. The trustee filed a complaint against EBIA and ARIS to recover the commissions deposited into the joint account. The bankruptcy court granted summary judgment in favor of the trustee, finding that the deposits into the joint account were fraudulent conveyances of Bellingham assets and that EBIA was a mere successor of Bellingham. After losing on appeal to the district court, EBIA appealed to the Ninth Circuit Court of Appeals and, for the first time, objected to the bankruptcy court’s authority to enter final judgment on the fraudulent conveyance claims.
Like Waldman, the Bellingham court held that bankruptcy judges do not have the authority to enter final judgment on fraudulent conveyance actions asserted against non-creditor parties, but it then went on to conclude that EBIA had waived its right to Article III adjudication. First, the court pointed to the history of waiver prior to the Bankruptcy Act of 1978—when the right to an “Article III judge in plenary proceedings could be waived by the litigants.” Next, the court quoted Commodity Futures Trading Commission v. Schor, where the Supreme Court held that “Article III, § 1’s guarantee of an independent and impartial adjudication by the federal judiciary . . . serves to protect primarily personal, rather than structural, interests.” Thus, as primarily a personal right, Article III adjudication is “subject to waiver.” Finally, the court pointed to 28 U.S.C. § 157(c)(2), which “expressly provides that bankruptcy courts may enter final judgments in core proceedings ‘with the consent of all the parties to the proceeding’.” Interestingly, aside from a mere footnote mentioning part of the court’s dicta, the Bellingham court never discussed the Waldman decision in its opinion.
Having concluded that Article III adjudication is subject to waiver, the court then turned to whether EBIA had waived its right. It found that EBIA had impliedly consented to the bankruptcy court’s jurisdiction for two reasons. First, after initially demanding a jury trial, EBIA petitioned the district court to stay its consideration to give the bankruptcy court an opportunity to adjudicate its motion for summary judgment. Second, EBIA failed to challenge the bankruptcy court’s ability to enter final judgment until briefing was complete on its appeal to the Ninth Circuit.
The court then dismissed arguments that Federal Rules of Bankruptcy Procedure 7008 and 7012 preclude implied consent by citing cases holding that a litigant’s actions may suffice to establish consent. Finally, the court compared the language of § 157(e) of the Bankruptcy Code, which requires “express consent of all the parties” to § 157(c) of the Code, which only requires “consent” and concluded that “Congress intended to allow parties to consent by their actions to the authority of bankruptcy courts to enter dispositive orders on any bankruptcy-related claim.” Thus, if consent under § 157(c) allows a bankruptcy judge to finally adjudicate non-core proceedings, it follows that it would permit the same judge to decide a core proceeding where, absent consent, he is otherwise not entitled to enter final judgment.
In order to clarify the scope of Stern and resolve the availability of waiver, the circuit split created by Bellingham and Waldman requires Supreme Court resolution. The Court has three options: go its own way; endorse the Sixth Circuit and overturn Bellingham; or endorse the Ninth Circuit and overturn Waldman. Whatever option the Court elects, a ruling aligned with the Ninth Circuit will erode the foundation of Stern v. Marshall’s holding.
The only way waiver of Article III adjudication can survive in a bankruptcy setting is if the Court either crafts its own rule allowing for it or affirms Bellingham. But an affirmation of Bellingham would undermine Stern by allowing courts to do an end-run around its holding. Bellingham initially followed and even expanded Stern by finding that bankruptcy judges, as non-Article III judges, do not have the authority to enter final judgment on fraudulent conveyance actions against non-creditor third parties to the bankruptcy proceedings. But the Bellingham court then evaded application of its newly announced rule when it found that the right to Article III adjudication serves predominantly to protect personal, rather than structural interests. This exposed a loophole in Stern’s holding and allowed the Bellingham court to find that EBIA had impliedly waived its right to Article III adjudication. Thus, while Bellingham began by holding that the bankruptcy court did not have the authority to enter a final order on the claim, it ended up allowing it to do just that.
Further, the Bellingham court found that EBIA impliedly waived its right to Article III adjudication through its actions, or more specifically, its inaction. This is significant because it carves out an exception to the Stern rule that threatens to swallow it whole. Essentially, after Bellingham, a litigant who fails to protest the bankruptcy court’s authority to enter final judgment on a state law claim early in the proceedings runs the risk of impliedly waiving its right to Article III adjudication through its inaction.
Shifting the burden to the parties to challenge the court’s authority to enter final judgment runs counter to Stern’s assertion that non-Article III judges lack the constitutional authority to enter final judgment. If, as the Stern Court held, the problem is constitutional in nature, bankruptcy courts—not the parties involved—should bear the burden of assessing their authority to enter final judgment under Stern and raise the issue sua sponte if necessary.
By contrast, a rule allowing only for express waiver of the right to Article III adjudication would carve out a much smaller exception to Stern’s prohibition on non-Article III adjudication of non-creditor claims. While the Court may be hostile to any exception based on the strong language regarding Article III and separation of powers concerns in Stern, such a rule is much closer to an exception to the Stern rule the Court would recognize. But the Bellingham holding allowing implied waiver threatens to undermine the force of Stern, stretching the unanswered waiver question into a loophole around the prohibition on final adjudication of third party claims in bankruptcy court.
Waldman’s holding—that adjudication of the fraudulent conveyance claim in bankruptcy court threatened the structural principle protected by Article III adjudication—effectively forecloses the possibility of Article III waiver in bankruptcy. Further, a comparison of Bellingham and Stern exposes the difference in their analyses and highlights the similarities between Waldman and Stern.
Bellingham quoted Stern’s language that § 157 “does not implicate questions of subject matter jurisdiction” as part of its justification for allowing waiver of the right to Article III adjudication—which it characterized as a predominantly personal, rather than structural, interest. But, the Stern Court’s discussion of consent and waiver of the right to Article III adjudication was within the context of a third party that had filed a claim in the bankruptcy case. Thus, when the litigant affirmatively filed the claim, he also consented to adjudication of that claim in the bankruptcy court. But in Bellingham, EBIA was a true non-creditor third party that never affirmatively filed a claim in the bankruptcy court, but rather was subject to an avoidance action initiated by the trustee.
Significantly, Stern did not say that a third party that has not filed a claim might waive his right to Article III adjudication. In fact, Stern can be read to suggest the opposite: the third party litigant in Stern did file a claim, but his apparent consent to adjudication of that claim in the bankruptcy court did not reach the counterclaims asserted by the estate. Moreover, the heart of the Stern Court’s holding is its analysis of Article III as related to the authority of bankruptcy courts. The Stern Court rigidly adhered to the text of Article III in declaring that the power of the judiciary cannot be shared with another branch. Because bankruptcy judges do not meet the Article III requirements of life tenure and protected salary, bankruptcy courts fall outside Article III. It then characterized Article III as “‘an inseparable element of the constitutional system of checks and balances’ that ‘both defines the power and protects the independence of the Judicial Branch.’” Waldman tracks this language in its discussion of the diminution of the judicial branch through the assignment of power to non-Article III judges. Further, the Bellingham court never addressed its apparent conflict with Waldman. For these reasons, it seems the Supreme Court would be hesitant to affirm Bellingham.
This indicates the Stern Court was more aligned with the Waldman court’s perspective: a litigant may not waive the structural component of Article III adjudication because the risk to separation of powers is too great. But such a holding is not as innocuous as it may seem. Even if Waldman is correct and the right to Article III adjudication has both a personal and structural component, it is unlikely courts would ever find the structural component inapplicable in a bankruptcy setting because doing so would diminish the independence and strength of the judicial branch. Indeed, this is the very reasoning employed by the Waldman court in refusing to find waiver.
Stern left open the question of whether parties can waive their right to Article III adjudication. A little over a year after the Stern decision and within three months of each other, the Ninth and Sixth circuits released opinions reaching opposite conclusions on the issue, creating the first post-Stern circuit split. Importantly, both opinions began by finding that, under Stern, the bankruptcy court lacked authority to enter final judgment on the fraudulent conveyance claims asserted against third parties to the case—an expansion of the Stern holding. They diverged, however, on whether such a third party may waive its right to Article III adjudication, with extreme results for waiver. Bellingham created an exception that threatens to swallow the Stern rule by not only permitting express waiver of Article III rights, but also permitting implied waiver of those rights, while Waldman created a rule that threatens to banish Article III waiver from bankruptcy courts altogether. The split created by these opinions is ripe for resolution from the Supreme Court and, perhaps unfortunately, Bellingham will likely be reversed to preserve the efficacy of Stern. If the Court elects to adopt the rule in Waldman, waiver of Article III adjudication will be a thing of the past for bankruptcy courts. As a result, it appears that the doomsday prophecies regarding the wrath of Stern on bankruptcy courts are beginning to come true.
1. Barry A. Chatz & Kevin H. Morse, Stern v. Marshall, A Narrow Ruling Creating Broad Problems in the Bankruptcy Process, Thomson Reuters News & Insight, May 5, 2012, available at http://newsandinsight.thomsonreuters.com/Legal/Insight/2012/05_-_May/Stern_v__Marshall__A_narrow_ruling_creating_broad_problems_in_the_bankruptcy_process/.
2. Bellingham Ins. Agency, Inc. v. Arkin (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir. 2012).
3. Stern v. Marshall,131 S. Ct. 2594 (2011).
4. Bellingham, 702 F. 3d at 556. This part of the opinion expanded Stern, which held that although 28 U.S.C. § 157(b)(2)(C) permitted the bankruptcy court to enter final judgment on the debtor’s state-law tortious interference counterclaim, Article III of the constitution did not. Stern, 131 S. Ct. at 2608.
5. Bellingham, 702 F. 3d at 566.
6. Waldman v. Stone, 698 F. 3d 910 (6th Cir. 2012).
8. In fact, Executive Benefits Insurance Agency filed a petition for certiorari to the Supreme Court on April 3, 2013.
9. Of course, the Court could elect to adopt a middle ground approach and formulate its own rule concerning waiver.
10. Waldman, 698 F. 3d at 910.
14. Id. at 913. The district court affirmed the bankruptcy court’s discharge of Stone’s debts, but held that the court “lacked authority to award him damages.” Id. This holding conflicts with another Ninth Circuit Bankruptcy Appellate Panel decision, which held that Stern did not preclude the bankruptcy court’s jurisdiction to award damages. Deitz v. Ford (In re Deitz), 469 B.R. 11, 21–22 (9th Cir. B.A.P. 2012). The concurrence in the opinion, however, did note that the previous Ninth Circuit precedent the court relied on may have been overruled by Stern. Id. at 26 (Markell, J. concurring) (“[Stern] may have reshaped the jurisdictional landscape in non-dischargeability actions.”).
16. Waldman, 698 F. 3d at 917.
19. Id. at 918. The court arrived at this conclusion after asserting “Article III, § 1 not only preserves to litigants their interest in an impartial and independent federal adjudication of claims within the judicial power of the United States, but also serves as an inseparable element of the constitutional system of checks and balances.” Id. (quoting Commodity Futures Trading Comm'n. v. Schor, 478 U.S. 833, 850 (1986)).
22. Waldman, 698 F. 3d at 918.
26. The Waldman court did not analyze this concern, stating simply that “the fortuity of Wadlman’s waiver of his own rights does nothing to diminish the bankruptcy court’s authority under § 157(c)(1).” Id. at 922.
27. Bellingham,702 F.3d 553, 566 (9th Cir. 2012).
33. Bellingham, 702 F.3d at 557.
34. Id. The final judgment entered was $373, 291.28. Id.
36. Id. at 565. The court rejected the arguments of several amici that the fraudulent conveyance claim brought by the trustee was distinguishable from the state law counter claim at issue in Stern. Id. at 565 (“That the Trustee asserted a federal-law fraudulent conveyance claim against EBIA is of no moment to our conclusion that the claim is nonadjudicable by a bankruptcy judge.“).
38. Bellingham, 702 F.3d at 567 (citing MacDonald v. Plymouth C’nty Trust Co., 286 U.S. 263, 267).
39. 478 U.S. 833 (1986).
40. Bellingham, 702 F.3d at 567 (quoting Commodity Futures Trading Comm’n v. Schor, 478 U.S. at 848).
42.Id (quoting 28 U.S.C. § 157(c)(2)).
43. Id. at 566, n. 8 (merely mentioning Waldman’s discussion, in dicta, of whether § 157(b)(1) allows entry of proposed findings of fact and conclusions of law). The Bellingham court did distinguish another Sixth Circuit case, Onkyo Europe Elecs GMHV v. Global Technovations, Inc., 694 F.3d 705 (6th Cir. 2012), which held that “the bankruptcy court had constitutional jurisdiction under Stern to adjudicate [a fraudulent transfer claim].” Id. at 562, n. 7. The Bellingham court distinguished Onkyo on the grounds that the court could not rule on the creditor’s proof of claim without first resolving the fraudulent transfer issue. Id. This difference rendered Onkyo “fundamentally unalike” Bellingham in the eyes of the court.
47. Bellingham, 702 F.3d at 569 (citing In re Mann,907 F.2d at 926; accord In re Tex. Gen. Petroleum Corp., 52 F.3d at 1337; Abramowitz v. Palmer, 999 F.2d 1274, 1280 (8th Cir.1993); Canal Corp. v. Finnman (In re Johnson), 960 F.2d 396, 403 (4th Cir.1992)).
48. Id. The court concluded that “in cases like this one—in which the defendant was aware of its right to withdrawal of the reference but opted instead to litigate before the bankruptcy court—consent is established.” Id. It then went on to reject EBIA’s claim that the Stern opinion was not released until it’s claim was before the Ninth Circuit court and therefore, they did know to challenge the bankruptcy court’s jurisdiction earlier than it did. Id.
50. It seems as though the odds may be stacked against Bellingham just by virtue of its identity as a Ninth Circuit opinion. See, e.g., Carol J. Williams, U.S. Supreme Court Again Rejects Most Decisions by the U.S. 9th Circuit Court of Appeals, N.Y. Times, July 18, 2011, available at http://articles.latimes.com/2011/jul/18/local/la-me-ninth- circuit-scorecard-20110718 (noting that the “Supreme Court overturned the majority of [the 9th Circuit’s] decisions,” which comprised “more than 30% of the 84 cases taken up” that term).
51. Bellingham, 702 F. 3d at 557.
52. Its reasoning—that bankruptcy courts are judicial entities, thus the risk of encroachment on the power of the judicial branch is minimal—is persuasive from a policy standpoint; however, it ignores Stern’s emphasis on the threat to separation of powers inherent in the delegation of judicial power to non-Article III courts.
54. Id. at 565 (quoting Stern v. Marshall, 131 S. Ct. 2607). Unlike Waldman, the Bellingham court was much more willing to decouple the personal interest in Article III adjudication from the structural principle it protects.
55. See id. at 2606–07. And ultimately, the Court concluded that § 157(c)(2)(A) granted the bankruptcy court authority to enter final judgment, but was unconstitutional as applied to state law counterclaims brought against third parties to the bankruptcy case. Id. at 2608.
56. Bellingham, 702 F.3d at 564.
57. Stern, 131 S.Ct. at 2608.
60. Id. at 2609 (quoting Northern Pipeline v. Marathon Pipe Line, 458 U.S. 50, 58 (1982)).
61. Waldman, 698 F.3d at 918.
62. Bellingham presents an opportunity for the Court to limit the effect of Stern and recast it as the narrow holding they characterized it as. Stern, 131 S. Ct. at 260 (“our decision today does not change all that much.”).


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- Projects submitted must be the original work of the participant, not ended before January 1-2010.
- It is possible to submit more than one project, but each project requires the submission fee.
- All films in any different language from English must necessarily be subtitled, in English. An exception will be admitted for films in Italian or Spanish, which don’t need to be subtitled.
- Short films: For films lasting between 1 and 59 min.
Feature films: For films lasting at least 60 min.
The second edition of KOQIX is taking place in the wonderful city of Turin, Italy, in May 2019. It is going to be the celebration of independent cinema. Submissions are open to anyone, there are no restrictions. Films of any genre, running time and budget are more than welcome.
KOQIX is organized by the cultural association Systemout that, in the last few years, has become the spokesperson for the indie cinema, not only in Italy.
KOQIX INDIE FEST has the main purpose to find and select new films that could be interesting for cinephiles, as well as to search for new styles and trends that this art has to offer in order to promote them on a touring show.
By submitting the film to KOQIX festival you confirm to own the rights of the film.
After the official selection all the finalists will compete in the contest.
KOQIX INDIE FEST reserves the right to make any necessary changes to the final event.
Projects must be submitted online using the dedicated platforms.
Art. 1 The 2nd edition of KOQIX INDIE FEST festival is an independent cinema festival open to any form of artistic expression.
Submitted films should be an original work of the contestant and should have been completed after January 1 2010.
Films in any different language from English must be subtitled in English. Films in Spanish and Italian are allowed not to have subtitles.
Films must be compulsorily submitted on the online platform FilmFreeway and, if applicable, by the simultaneous festival fee payment.
Art. 3 – The 2nd edition of KOQIX INDIE FEST festival enrolling fee is 13$ (USD) for one film. Additional films can be submitted under the payment of an additional 13$ (USD) fee for each of them.
The payment of the festival’s submission fee implies the acceptance of the terms and rules defined in this document and your association, after approval , to the Systemout Association until December 31 2017 as an affiliated member without vote right, as defined in Art. 4 and Art. 5 of the association Bylaw.
With the payment of the submission fee, the contestant declares to accept without reservations and exceptions the Association Bylaw, the Code of Ethics and Role book that are available on the Association official website (www.systemout.org).
Art. 4 – The films submitted to the 2nd edition of KOQIX INDIE FEST festival will remain in the files of the Systemout Association, which will not discover them to tiers without previous agreement with the contestant and except the provisions which are described in the Art. 5 and Art. 6 of the present document.
The contestant’s personal information will be managed in accordance with the rules defined by the Italian Law, the Controller of the Personal Data is the President of Systemout Association.
By submitting a film to the 2nd edition of KOQIX INDIE FEST festival, the contestant agrees to receive from the Systemout Association, news concerning the other activities of the Association.
Art. 5 – By submitting a film to the 2nd edition of KOQIX INDIE FEST festival, the contestant allows the Systemout Association to make available to the public the submitted film data sheets. These ones are created when using the most relevant film characteristics that are communicated by the contestant during the submission of the film on the web platforms.
Art. 6 – Submissions to the 2nd edition of KOQIX INDIE FEST festival will open on June 22 2018 and will close on April 22 - 2019. They will be performed by using the above-mentioned web platforms.
Art. 7 – The Festival might attribute to the winners of the Best Short and the Best Feature Film a prize money as contribution for scholarships or cultural activities. The amount of prizes, when it expects, will be defined and announced within 5 days counted from the submission closure date.
Art. 8 – The 2nd edition of KOQIX INDIE FEST festival final event will be a public event in the historical downtown of Turin, including the awarding and projection of the winning films and ideally other with special characteristics.
This document, for contestants’ convenience, is a non-binding translation of the official terms and conditions issued in the Italian language; in case of litigation, the official text is the original in Italian language.

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General powers of the Postal Service.
Printing of illustrations of United States postage stamps.
Postal services at Armed Forces installations.
Suits by and against the Postal Service.
Cooperation with other Government agencies.
Nondisclosure of lists of names and addresses.
Postal services at diplomatic posts.
Prohibition on restriction or elimination of services.
2012—Pub. L. 112–234, §2(e)(2), Dec. 28, 2012, 126 Stat. 1625, renumbered Pub. L. 106–253, §2(d). See 2000 Amendment note below.
2006—Pub. L. 109–435, title IV, §403(c), Dec. 20, 2006, 120 Stat. 3227, added item 404a.
2000—Pub. L. 106–253, §2(c), formerly §2(d), July 28, 2000, 114 Stat. 636, as renumbered §2(c) by Pub. L. 112–234, §2(e)(2), Dec. 28, 2012, 126 Stat. 1625, added item 416.
1998—Pub. L. 105–241, §4(b), Sept. 28, 1998, 112 Stat. 1573, added item 415.
1997—Pub. L. 105–41, §2(c), Aug. 13, 1997, 111 Stat. 1121, added item 414.
1990—Pub. L. 101–524, §5(b), Nov. 6, 1990, 104 Stat. 2303, added item 413.
2006—Pub. L. 109–435, §403(b)(1), substituted "Subject to the provisions of section 404a, the" for "The" in introductory provisions.
Except for those powers, duties, or obligations specifically vested in the Governors, as distinguished from the Board of Governors, the Board may delegate the authority vested in it to the Postmaster General under such terms, conditions, and limitations, including the power of redelegation, as it deems desirable. The Board may establish such committees of the Board, and delegate such powers to any committee, as the Board determines appropriate to carry out its functions and duties. Delegations to the Postmaster General or committees shall be consistent with other provisions of this title, shall not relieve the Board of full responsibility for the carrying out of its duties and functions, and shall be revocable by the Governors in their exclusive judgment.
Section effective Jan. 16, 1971, pursuant to Resolution No. 71–5 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.
(a) The Postal Service shall plan, develop, promote, and provide adequate and efficient postal services at fair and reasonable rates and fees. The Postal Service shall receive, transmit, and deliver throughout the United States, its territories and possessions, and, pursuant to arrangements entered into under sections 406 and 411 of this title, throughout the world, written and printed matter, parcels, and like materials and provide such other services incidental thereto as it finds appropriate to its functions and in the public interest. The Postal Service shall serve as nearly as practicable the entire population of the United States.
(3) to establish and maintain postal facilities of such character and in such locations, that postal patrons throughout the Nation will, consistent with reasonable economies of postal operations, have ready access to essential postal services.
(c) In providing services and in establishing classifications, rates, and fees under this title, the Postal Service shall not, except as specifically authorized in this title, make any undue or unreasonable discrimination among users of the mails, nor shall it grant any undue or unreasonable preferences to any such user.
1979—Subsec. (a). Pub. L. 96–70 substituted "The Postal Service" for "Except as provided in the Canal Zone Code, the Postal Service".
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 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.
Pub. L. 108–447, div. H, title IV, Dec. 8, 2004, 118 Stat. 3264.
Pub. L. 108–199, div. F, title IV, Jan. 23, 2004, 118 Stat. 340.
Pub. L. 108–7, div. J, title II, Feb. 20, 2003, 117 Stat. 442.
Pub. L. 107–67, title II, Nov. 12, 2001, 115 Stat. 525.
Pub. L. 106–554, §1(a)(3) [title II], Dec. 21, 2000, 114 Stat. 2763, 2763A-135.
Pub. L. 106–58, title II, Sept. 29, 1999, 113 Stat. 444.
Pub. L. 105–277, div. A, §101(h) [title II], Oct. 21, 1998, 112 Stat. 2681–480, 2681-492.
Pub. L. 105–61, title II, Oct. 10, 1997, 111 Stat. 1290.
Pub. L. 104–208, div. A, title I, §101(f) [title II], Sept. 30, 1996, 110 Stat. 3009–314, 3009-326.
Pub. L. 104–52, title II, Nov. 19, 1995, 109 Stat. 476.
Pub. L. 103–329, title II, Sept. 30, 1994, 108 Stat. 2392.
Pub. L. 103–123, title II, Oct. 28, 1993, 107 Stat. 1234.
Pub. L. 102–393, title II, Oct. 6, 1992, 106 Stat. 1737.
Pub. L. 102–141, title II, Oct. 28, 1991, 105 Stat. 843.
Pub. L. 101–509, title II, Nov. 5, 1990, 104 Stat. 1396.
Pub. L. 101–136, title II, Nov. 3, 1989, 103 Stat. 790.
Pub. L. 100–440, title II, Sept. 22, 1988, 102 Stat. 1727.
Pub. L. 100–202, §§101(m) [title II], 102, Dec. 22, 1987, 101 Stat. 1329–390, 1329-397, 1329-433.
Pub. L. 99–500, §§101(m) [title II], 102, Oct. 18, 1986, 100 Stat. 1783–308, 1783-314, 1783-346, and Pub. L. 99–591, §§101(m) [title II], 102, Oct. 30, 1986, 100 Stat. 3341–308, 3341-314, 3341-346.
Pub. L. 99–190, §§101(h) [H.R. 3036, title II], 102, Dec. 19, 1985, 99 Stat. 1291, 1315.
Pub. L. 98–473, §§101(j) [H.R. 5798, title II], 102, Oct. 12, 1984, 98 Stat. 1963, 1964.
Pub. L. 98–151, §§102, 106, Nov. 14, 1983, 97 Stat. 975.
Pub. L. 98–107, §§102, 108, Oct. 1, 1983, 97 Stat. 740, 741.
Pub. L. 97–377, title I, §111B, Dec. 21, 1982, 96 Stat. 1912.
Pub. L. 97–35, title XVII, §1722, Aug. 13, 1981, 95 Stat. 759, as amended by Pub. L. 98–369, div. B, title II, §2209, July 18, 1984, 98 Stat. 1061.
Pub. L. 96–499, title IV, §412, Dec. 5, 1980, 94 Stat. 2607.
Pub. L. 97–35, title XVII, §1726, Aug. 13, 1981, 95 Stat. 761, prohibited Postal Service from implementing ZIP code system using more than 5 digits before Oct. 1, 1983, and prohibited executive agencies from taking action to conform mailing procedures to ZIP code system using more than 5 digits during the period from Aug. 13, 1981 to Dec. 31, 1982.
(8) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service.
(b) Except as otherwise provided, the Governors are authorized to establish reasonable and equitable classes of mail and reasonable and equitable rates of postage and fees for postal services in accordance with the provisions of chapter 36. Postal rates and fees shall be reasonable and equitable and sufficient to enable the Postal Service, under best practices of honest, efficient, and economical management, to maintain and continue the development of postal services of the kind and quality adapted to the needs of the United States.
(c) The Postal Service shall maintain one or more classes of mail for the transmission of letters sealed against inspection. The rate for each such class shall be uniform throughout the United States, its territories, and possessions. One such class shall provide for the most expeditious handling and transportation afforded mail matter by the Postal Service. No letter of such a class of domestic origin shall be opened except under authority of a search warrant authorized by law, or by an officer or employee of the Postal Service for the sole purpose of determining an address at which the letter can be delivered, or pursuant to the authorization of the addressee.
(d)(1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the closing or consolidation of any post office, shall provide adequate notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of such closing or consolidation to persons served by such post office to ensure that such persons will have an opportunity to present their views.
(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(3) Any determination of the Postal Service to close or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2) of this subsection. Such determination and findings shall be made available to persons served by such post office.
(4) The Postal Service shall take no action to close or consolidate a post office until 60 days after its written determination is made available to persons served by such post office.
(C) unsupported by substantial evidence on the record.
(B) if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission).
(e)(1) In this subsection, the term "nonpostal service" means any service that is not a postal service defined under section 102(5).
(2) Nothing in this section shall be considered to permit or require that the Postal Service provide any nonpostal service, except that the Postal Service may provide nonpostal services which were offered as of January 1, 2006, as provided under this subsection.
(B) the ability of the private sector to meet the public need for the service.
(4) Any nonpostal service not determined to be continued by the Postal Regulatory Commission under paragraph (3) shall terminate.
(5) If the Postal Regulatory Commission authorizes the Postal Service to continue a nonpostal service under this subsection, the Postal Regulatory Commission shall designate whether the service shall be regulated under this title as a market dominant product, a competitive product, or an experimental product.
The Occupational Safety and Health Act of 1970, referred to in subsec. (d)(2)(B), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, as amended, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.
2006—Subsec. (a). Pub. L. 109–435, §403(b)(2), substituted "Subject to the provisions of section 404a, but otherwise without" for "Without" in introductory provisions.
Subsec. (a)(6) to (9). Pub. L. 109–435, §102(a)(1), redesignated pars. (7) to (9) as (6) to (8), respectively, and struck out former par. (6), which read "to provide, establish, change, or abolish special nonpostal or similar services;".
Subsec. (b). Pub. L. 109–435, §1010(e), added subsec. (b). Former subsec. (b) redesignated (d).
Subsec. (b)(5). Pub. L. 109–435, §604(a), substituted "Postal Regulatory Commission" for "Postal Rate Commission".
Subsec. (b)(6). Pub. L. 109–435, §1006(a), added par. (6).
Subsec. (c). Pub. L. 109–435, §1010(e), added subsec. (c). Former subsec. (c) redesignated (e).
Pub. L. 109–435, §102(a)(2), added subsec. (c).
Subsecs. (d), (e). Pub. L. 109–435, §1010(e), redesignated subsecs. (b) and (c) as (d) and (e), respectively.
"(E) such other factors as the Postal Service determines are necessary."
Pub. L. 109–435, title X, §1006(b), Dec. 20, 2006, 120 Stat. 3258, provided that: "This section [amending this section] and the amendments made by this section shall apply with respect to any determination to close or consolidate a post office which is first made available, in accordance with paragraph (3) of section 404(b) of title 39, United States Code, after the end of the 3-month period beginning on the date of the enactment of this Act [Dec. 20, 2006]."
Pub. L. 94–421, §9(b), Sept. 24, 1976, 90 Stat. 1311, provided that: "The amendments made by subsection (a) of this section [amending this section] shall take effect on the day after the date on which the Commission on Postal Service transmits its final report under section 7(f)(1) of this Act [set out as a note under section 3661 of this title]."
Pub. L. 109–435, title VI, §604(f), Dec. 20, 2006, 120 Stat. 3242, provided that: "Whenever a reference is made in any provision of law (other than this Act [see Tables for classification] or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission."
(3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).
(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section.
(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.
(a) When requested by the Postal Service, the Director of the Government Publishing Office shall print, as a public document for sale by the Superintendent of Documents, illustrations in black and white or in color of postage stamps of the United States, together with such descriptive, historical, and philatelic information with regard to the stamps as the Postal Service deems suitable.
(b) Notwithstanding the provisions of section 505 of title 44, stereotype or electrotype plates, or duplicates thereof, used in the publications authorized to be printed by this section may not be sold or otherwise disposed of.
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (a) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
(a) The Postal Service may establish branch post offices at camps, posts, bases, or stations of the Armed Forces and at defense or other strategic installations.
(b) The Secretaries of Defense and Transportation shall make arrangements with the Postal Service to perform postal services through personnel designated by them at or through branch post offices established under subsection (a) of this section.
(4) to participate in multilateral and bilateral agreements with other countries to accomplish these objectives.
(b)(1) The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international postal services and other international delivery services and shall have the power to conclude postal treaties, conventions, and amendments related to international postal services and other international delivery services, except that the Secretary may not conclude any treaty, convention, or other international agreement (including those regulating international postal services) if such treaty, convention, or agreement would, with respect to any competitive product, grant an undue or unreasonable preference to the Postal Service, a private provider of international postal or delivery services, or any other person.
(E) shall assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in connection with international postal services and international delivery services.
(3) The Secretary of State shall establish an advisory committee (within the meaning of the Federal Advisory Committee Act) to perform such functions as the Secretary considers appropriate in connection with carrying out subparagraphs (A) through (D) of paragraph (2).
(c)(1) Before concluding any treaty, convention, or amendment that establishes a rate or classification for a product subject to subchapter I of chapter 36, the Secretary of State shall request the Postal Regulatory Commission to submit its views on whether such rate or classification is consistent with the standards and criteria established by the Commission under section 3622.
(2) The Secretary shall ensure that each treaty, convention, or amendment concluded under subsection (b) is consistent with the views submitted by the Commission pursuant to paragraph (1), except if, or to the extent, the Secretary determines, in writing, that it is not in the foreign policy or national security interest of the United States to ensure consistency with the Commission's views. Such written determination shall be provided to the Commission together with a full explanation of the reasons thereof, provided that the Secretary may designate which portions of the determination or explanation shall be kept confidential for reasons of foreign policy or national security.
(2) a copy of each such contract between the Postal Service and an agency of a foreign government shall be transmitted to the Secretary of State and the Postal Regulatory Commission not later than the effective date of such contract.
(e)(1) In this subsection, the term "private company" means a private company substantially owned or controlled by persons who are citizens of the United States.
(2) With respect to shipments of international mail that are competitive products within the meaning of section 3631 that are exported or imported by the Postal Service, the Customs Service and other appropriate Federal agencies shall apply the customs laws of the United States and all other laws relating to the importation or exportation of such shipments in the same manner to both shipments by the Postal Service and similar shipments by private companies.
(3) In exercising the authority under subsection (b) to conclude new postal treaties and conventions related to international postal services and to renegotiate such treaties and conventions, the Secretary of State shall, to the maximum extent practicable, take such measures as are within the Secretary's control to encourage the governments of other countries to make available to the Postal Service and private companies a range of nondiscriminatory customs procedures that will fully meet the needs of all types of American shippers. The Secretary of State shall consult with the United States Trade Representative and the Commissioner of U.S. Customs and Border Protection in carrying out this paragraph.
(4) The provisions of this subsection shall take effect 6 months after the date of enactment of this subsection or such earlier date as the Bureau of Customs and Border Protection of the Department of Homeland Security may determine in writing.
The date of enactment of this subsection, referred to in subsec. (e)(4), is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.
2006—Pub. L. 109–435 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to responsibilities of the Secretary of State and the Postal Service for international postal arrangements.
"(a) The Postal Service, with the consent of the President, may negotiate and conclude postal treaties or conventions, and may establish the rates of postage or other charges on mail matter conveyed between the United States and other countries. The decisions of the Postal Service construing or interpreting the provisions of any treaty or convention which has been or may be negotiated and concluded shall, if approved by the President, be conclusive upon all officers of the Government of the United States.
"(b) The Postal Service shall transmit a copy of each postal convention concluded with other governments to the Secretary of State, who shall furnish a copy of the same to the Public Printer for publication."
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (e)(3) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
"(2) with respect to competitive products, the date as of which the regulations promulgated under section 3633 of title 39, United States Code (as amended by section 202) take effect."
Pub. L. 105–277, §101(h) [title VI, §633(d)], Oct. 21, 1998, 112 Stat. 2681–480, 2681-524, provided that: "In fiscal year 1999 and each fiscal year hereafter, the Postal Service shall allocate to the Department of State from any funds available to the Postal Service such sums as may be reasonable, documented and auditable for the Department of State to carry out the activities of Section 407 of title 39 of the United States Code."
(c) "Postal operator" means a governmental or non-governmental entity officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfill the related obligations arising out of the Acts of the UPU on its territory.
Sec. 2. Policy. (a) The UPU was established in 1874 by 21 countries. The United States played an integral role in the UPU's creation and, since that time, the United States has actively participated in all phases of the UPU's work. The United States is a party to the current Constitution of the UPU—which was adopted in 1964—and intends to continue to participate fully in and financially contribute to the UPU, as provided in Article 21 of the UPU Constitution. As a member country of the UPU, the United States recognizes the importance of this long-standing organization and is proud of the United States' unbroken record of participation in it.
The Congress has likewise directed that responsible officials shall apply the customs laws of the United States and all other laws relating to importation or exportation of goods in the same manner to shipments of goods that are competitive products of the USPS and to similar shipments by private companies (39 U.S.C. 407(e)(2)).
(ii) The UPU has not done enough to reorient international mail to achieve a clear distinction between documents and goods. Without such a distinction, it is difficult to achieve essential pricing reforms or to ensure that customs requirements, including provision of electronic customs data for goods, are met. Under the current system, foreign postal operators do not uniformly furnish advance electronic customs data that are needed to enhance targeting and risk management for national security and to facilitate importation and customs clearance. My Administration's Initiative to Stop Opioids Abuse and Reduce Drug Supply and Demand, launched in March of this year , requires accurate advance electronic customs data for 90 percent of all international mail shipments that contain goods and consignment shipments within 3 years, so that the Department of Homeland Security can better detect and flag high-risk shipments.
(c) No later than November 1, 2018, the Secretary shall submit to the President a report summarizing the steps being taken to implement this memorandum. If the Secretary determines that sufficient progress on reforms to promote compatibility of the Acts of the UPU with the policy of this memorandum is not being achieved, the Secretary shall include recommendations for future action, including the possibility of adopting self-declared rates.
The Postal Service may make arrangements with other governments, with which postal conventions are or may be concluded, for the exchange of sums of money by means of postal orders. It shall fix limitations on the amount which may be so exchanged and the rates of exchange.
(a) Except as otherwise provided in this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service. Any action brought in a State court to which the Postal Service is a party may be removed to the appropriate United States district court under the provisions of chapter 89 of title 28.
(b) Unless otherwise provided in this title, the provisions of title 28 relating to service of process, venue, and limitations of time for bringing action in suits in which the United States, its officers, or employees are parties, and the rules of procedure adopted under title 28 for suits in which the United States, its officers, or employees are parties, shall apply in like manner to suits in which the Postal Service, its officers, or employees are parties.
(c) The provisions of chapter 171 and all other provisions of title 28 relating to tort claims shall apply to tort claims arising out of activities of the Postal Service.
(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service.
(B) the provisions of section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair or deceptive acts or practices.
(ii) section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
For purposes of the preceding sentence, any private carriage of mail allowable by virtue of section 601 shall not be considered a service reserved to the United States under section 1696 of title 18.
(2) No damages, interest on damages, costs or attorney's fees may be recovered, and no criminal liability may be imposed, under the antitrust laws (as so defined) from any officer or employee of the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, acting in an official capacity.
(3) This subsection shall not apply with respect to conduct occurring before the date of enactment of this subsection.
(f)(1) Each building constructed or altered by the Postal Service shall be constructed or altered, to the maximum extent feasible as determined by the Postal Service, in compliance with 1 of the nationally recognized model building codes and with other applicable nationally recognized codes.
(2) Each building constructed or altered by the Postal Service shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of zoning laws, land use laws, and applicable environmental laws of a State or subdivision of a State which would apply to the building if it were not a building constructed or altered by an establishment of the Government of the United States.
(ii) reasonable notice of their intention to conduct any inspection before conducting such inspection.
Nothing in this subsection shall impose an obligation on any State or political subdivision to take any action under the preceding sentence, nor shall anything in this subsection require the Postal Service or any of its contractors to pay for any action taken by a State or political subdivision to carry out this subsection (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations).
(4) Appropriate officials of a State or a political subdivision of a State may make recommendations to the Postal Service concerning measures necessary to meet the requirements of paragraphs (1) and (2). Such officials may also make recommendations to the Postal Service concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Postal Service shall give due consideration to any such recommendations.
(5) In addition to consulting with local and State officials under paragraph (3), the Postal Service shall establish procedures for soliciting, assessing, and incorporating local community input on real property and land use decisions.
(6) For purposes of this subsection, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
(A) Subsection (d) or (e) of this section.
(B) Subsection (f) or (g) of section 504 (relating to administrative subpoenas by the Postal Regulatory Commission).
(C) Section 3663 (relating to appellate review).
The Postal Service may, by contract or otherwise, employ attorneys to obtain any legal representation that it is precluded from obtaining from the Department of Justice under this paragraph.
(2) In any circumstance not covered by paragraph (1), the Department of Justice shall, under section 411, furnish the Postal Service such legal representation as it may require, except that, with the prior consent of the Attorney General, the Postal Service may, in any such circumstance, employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
(3)(A) In any action, suit, or proceeding in a court of the United States arising in whole or in part under any of the provisions of law referred to in subparagraph (B) or (C) of paragraph (1), and to which the Commission is not otherwise a party, the Commission shall be permitted to appear as a party on its own motion and as of right.
(B) The Department of Justice shall, under such terms and conditions as the Commission and the Attorney General shall consider appropriate, furnish the Commission such legal representation as it may require in connection with any such action, suit, or proceeding, except that, with the prior consent of the Attorney General, the Commission may employ attorneys by contract or otherwise for that purpose.
(h) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service, subject to the restriction specified in section 2011(g).
409(e) 31:724a (last sentence). July 27, 1956, ch. 748, 70 Stat. 678, §1302 (last sentence); added Aug. 12, 1970, Pub. L. 91–375, §6(l)(3), 84 Stat. 782.
The words "Notwithstanding the other provisions of this section" are omitted as unnecessary.
The Act of July 5, 1946, referred to in subsec. (d)(2)(A), is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, popularly known as the Trademark Act of 1946 and also as the Lanham Act, which is classified generally to chapter 22 (§1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.
Section 5 of the Federal Trade Commission Act, referred to in subsecs. (d)(2)(B) and (e)(1)(B)(ii), is classified to section 45 of Title 15, Commerce and Trade.
The first section of the Clayton Act, referred to in subsec. (e)(1)(B), is classified to section 12 of Title 15, Commerce and Trade, and section 53 of Title 29, Labor.
The date of enactment of this subsection, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.
2006—Subsec. (a). Pub. L. 109–435, §404(b), substituted "Except as otherwise provided in this title," for "Except as provided in section 3628 of this title,".
"(d) The Department of Justice shall furnish, under section 411 of this title, the Postal Service such legal representation as it may require, but with the prior consent of the Attorney General the Postal Service may employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
"(e) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service."
1982—Subsec. (e). Pub. L. 97–258 added subsec. (e).
(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.
(11) section 5520a of title 5.
(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.
Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. 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. (b)(3), is section 1 of act June 20, 1936, ch. 638, 49 Stat. 1559, as amended. 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. (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 (§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 (§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.
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.
"(B) chapter 6 (the Service Contract Act of 1965);".
2003—Subsec. (d)(1). Pub. L. 108–178, §4(j)(1), substituted "section 3142 of title 40" for "section 276a of title 40".
Subsec. (d)(2). Pub. L. 108–178, §4(j)(2), substituted "section 3145 of title 40" for "section 276c of title 40".
"(F) chapter 15 (the Government Losses in Shipment Act);".
1996—Subsec. (b)(9). Pub. L. 104–208, §101(f) [title VI, §662(f)(1)(A)], struck out "and" at end.
Subsec. (b)(10). Pub. 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. (b)(8). Pub. L. 103–82, §202(g)(6)(A), and Pub. L. 103–123, §708(a)(1), amended par. (8) identically, striking out "and" at end.
Subsec. (b)(9). Pub. L. 103–123, §708(a)(2), substituted "chapter" for "Chapter" in par. (9) relating to title 31.
Pub. L. 103–82, §202(g)(6)(B), and Pub. L. 103–123, §708(a)(2), amended par. (9), relating to title 31, identically, substituting "; and" for period at end.
Pub. L. 103–94, §9(b)(2)(A), and Pub. L. 103–123, §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, §202(g)(6)(C), struck out such par. See below.
Pub. 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. (b)(10). Pub. L. 103–94, §9(b)(2)(A), and Pub. L. 103–123, §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, §202(g)(6)(C), struck out such par. See above.
Pub. L. 103–82, §202(g)(6)(C), added par. (10).
Subsec. (b)(11). Pub. L. 103–94, §9(b)(2)(B), added par. (11).
1988—Subsec. (b)(6) to (8). Pub. L. 100–504, §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, §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".
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. 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.
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.
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.
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.
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.
Pub. L. 91–656, §8(b), 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."
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.
Pub. L. 103–94, §7, Oct. 6, 1993, 107 Stat. 1005, as amended by Pub. 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(b) and 3604(e) [now 504(e)] of title 39, United States Code."
Executive agencies within the meaning of section 105 of title 5 and the Government Publishing Office are authorized to furnish property, both real and personal, and personal and nonpersonal services to the Postal Service, and the Postal Service is authorized to furnish property and services to them. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the Postal Service and the head of the agency concerned shall deem appropriate.
(a) Except as specifically provided by subsection (b) or other law, no officer or employee of the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past or present) of postal patrons or other persons.
(b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address-related information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau of the Census. The provision of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate.
1994—Pub. L. 103–430 substituted "(a) Except as specifically provided by subsection (b) or other law," for "Except as specifically provided by law," and added subsec. (b).
(a) The Postal Service and the Department of State may enter into 1 or more agreements for field testing to ascertain the feasibility of providing postal services through personnel provided by the Department of State at branch post offices established by the Postal Service in United States diplomatic missions at locations abroad for which branch post offices are not established under section 406.
(b) To the extent that the Postal Service and the Department of State conclude it to be feasible and in the public interest, the Postal Service may establish branch post offices at United States diplomatic missions in locations abroad for which branch post offices are not established under section 406, and the Department of State may enter into an agreement with the Postal Service to perform postal services at such branch post offices through personnel designated by the Department of State.
(c) The Department of State shall reimburse the Postal Service for any amounts, determined by the Postal Service, equal to the additional costs incurred by the Postal Service, including transportation costs, incurred by the Postal Service in the performance of its obligations under any agreement entered into under this section.
(3) any other provisions which may be necessary, including provisions relating to the closing of a post office under this section if necessary because a post office under section 406 is established in the same location.
(a) In order to afford the public a convenient way to contribute to funding for breast cancer research, the Postal Service shall establish a special rate of postage for first-class mail under this section.
(3) shall be offered as an alternative to the regular first-class rate of postage.
The use of the special rate of postage established under this section shall be voluntary on the part of postal patrons. The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.
(B) the remainder to the Department of Defense.
Payments under this paragraph to an agency shall be made under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section, except that, under those arrangements, payments to such agency shall be made at least twice a year. An agency that receives amounts from the Postal Service under this paragraph shall use the amounts for breast cancer research.
as determined by the Postal Service under regulations that it shall prescribe.
(2) affect regular first-class rates of postage or any other regular rates of postage.
(e) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regulation prescribe, but in no event later than 12 months after the date of the enactment of this section.
(2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in subsection (c)(2)(B).
(g) For purposes of section 416 (including any regulation prescribed under subsection (e)(1)(C) of that section), the special postage stamp issued under this section shall not apply to any limitation relating to whether more than 1 semipostal may be offered for sale at the same time.
(h) This section shall cease to be effective after December 31, 2019.
The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105–41, which was approved Aug. 13, 1997.
2015—Subsec. (c)(1). Pub. L. 114–99, §3, inserted at end of concluding provisions "An agency that receives amounts from the Postal Service under this paragraph shall use the amounts for breast cancer research."
Subsec. (h). Pub. L. 114–99, §2, substituted "2019" for "2015".
2011—Subsec. (h). Pub. L. 112–80 substituted "2015" for "2011".
2007—Subsec. (h). Pub. L. 110–150 substituted "2011" for "2007".
2005—Subsec. (h). Pub. L. 109–100 substituted "2007" for "2005".
2004—Subsec. (h). Pub. L. 108–199 substituted "2005" for "2003".
2001—Subsec. (b). Pub. L. 107–67, §650(c), substituted "of not less than 15 percent" for "of not to exceed 25 percent" in par. (1) and inserted at end of concluding provisions "The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5."
Subsec. (g), (h). Pub. L. 107–67, §650(b)(1), added subsecs. (g) and (h) and struck out former subsec. (g) which read as follows: "This section shall cease to be effective after July 29, 2002, or the end of the 2-year period beginning on the date of the enactment of the Semipostal Authorization Act, whichever is later."
2000—Subsec. (g). Pub. L. 106–253 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "This section shall cease to be effective at the end of the 2-year period beginning on the date on which special postage stamps under this section are first made available to the public."
Pub. L. 110–150, §2, Dec. 21, 2007, 121 Stat. 1820, provided that: "The National Institutes of Health and the Department of Defense shall each submit to Congress and the Government Accountability Office an annual report concerning the use of any amounts that it received under section 414(c) of title 39, United States Code, including a description of any significant advances or accomplishments, during the year covered by the report, that were funded, in whole or in part, with such amounts."
Pub. L. 106–253, §3(b), July 28, 2000, 114 Stat. 637, provided that: "No later than 3 months and no earlier than 6 months before the date as of which section 414 of title 39, United States Code (as amended by this section) is scheduled to expire, the Comptroller General of the United States shall submit to the Congress a report on the operation of such section. Such report shall be in addition to the report required by section 2(b) of Public Law 105–41 [set out below], and shall address at least the same matters as were required to be included in that earlier report."
"(2) a description of the monetary and other resources required of the Postal Service in carrying out such section."
The Postal Service may not restrict, eliminate, or adversely affect any service provided by the Postal Service as a result of the payment of any penalty imposed under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(2) the term "agency" means an Executive agency within the meaning of section 105 of title 5.
(b) Discretionary Authority.—The Postal Service is hereby authorized to issue and sell semipostals under this section in order to advance such causes as the Postal Service considers to be in the national public interest and appropriate.
(2) no regular rates of postage or fees for postal services under chapter 36 shall be any different from what they otherwise would have been if this section had not been enacted.
The use of any semipostal issued under this section shall be voluntary on the part of postal patrons. The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.
(1) In general.—The amounts becoming available from the sale of a semipostal under this section shall be transferred to the appropriate agency or agencies under such arrangements as the Postal Service shall by mutual agreement with each such agency establish.
(2) Identification of appropriate causes and agencies.—Decisions concerning the identification of appropriate causes and agencies to receive amounts becoming available from the sale of a semipostal under this section shall be made in accordance with applicable regulations under subsection (e).
(A) In general.—The amounts becoming available from the sale of a semipostal under this section shall be determined in a manner similar to that provided for under section 414(c)(2) (as in effect on July 1, 2000).
(B) Administrative costs.—Regulations under subsection (e) shall specifically address how the costs incurred by the Postal Service in carrying out this section shall be computed, recovered, and kept to a minimum.
(4) Other funding not to be affected.—Amounts which have or may become available from the sale of a semipostal under this section shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished to an agency in any year.
(5) Recovery of costs.—Before transferring to an agency in accordance with paragraph (1) any amounts becoming available from the sale of a semipostal over any period, the Postal Service shall ensure that it has recovered the full costs incurred by the Postal Service in connection with such semipostal through the end of such period.
(C) what limitations shall apply, if any, relating to the issuance of semipostals (such as whether more than one semipostal may be offered for sale at the same time).
(2) Notice and comment.—Before any regulation is issued under this section, a copy of the proposed regulation shall be published in the Federal Register, and an opportunity shall be provided for interested parties to present written and, where practicable, oral comment. All regulations necessary to carry out this section shall be issued not later than 30 days before the date on which semipostals are first made available to the public under this section.
(1) In general.—The Postmaster General shall include in each report rendered under section 2402, with respect to any period during any portion of which this section is in effect, information concerning the operation of any program established under this section.
(C) of that total amount, how much was applied toward administrative costs.
For each year before the year in which a semipostal ceases to be offered, any report under this subsection shall include, with respect to that semipostal (for the year covered by such report), the information described in subparagraphs (B) and (C).
(g) Termination.—This section shall cease to be effective at the end of the 10-year period beginning on the date on which semipostals are first made available to the public under this section.
2002—Subsec. (c). Pub. L. 107–117 amended Pub. L. 107–67. See 2001 Amendment note below.
2001—Subsec. (c). Pub. L. 107–67, as amended by Pub. L. 107–117, substituted "of not less than 15 percent" for "of not to exceed 25 percent" in par. (1) and inserted at end of concluding provisions "The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5."
Pub. L. 106–253, §2(d), formerly §2(e), July 28, 2000, 114 Stat. 636, as renumbered §2(d) by Pub. L. 112–234, §2(e)(2), Dec. 28, 2012, 126 Stat. 1625, provided that: "The program under section 416 of title 39, United States Code (as amended by this section) shall be established within 6 months after the date of the enactment of this Act [July 28, 2000]."
"This Act may be cited as the 'Multinational Species Conservation Funds Semipostal Stamp Act of 2010'.
"SEC. 2. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP.
"(a) In General.—In order to afford a convenient way for members of the public to contribute to funding for the operations supported by the Multinational Species Conservation Funds, the United States Postal Service shall issue a semipostal stamp (hereinafter in this Act referred to as the 'Multinational Species Conservation Funds Semipostal Stamp') in accordance with succeeding provisions of this section.
"(1) In general.—The Multinational Species Conservation Funds Semipostal Stamp shall be offered at a cost equal to the cost of mailing a letter weighing 1 ounce or less at the nonautomation single-piece first-ounce letter rate, in effect at the time of purchase, plus a differential of not less than 15 percent.
"(2) Voluntary use.—The use of any semipostal issued under this section shall be voluntary on the part of postal patrons.
"(3) Special rate.—The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5.
"(A) In general.—All amounts becoming available from the sale of the Multinational Species Conservation Funds Semipostal Stamp (as determined under section 416(d) of such title 39) shall be transferred to the United States Fish and Wildlife Service, for the purpose described in subsection (a), through payments which shall be made at least twice a year, with the proceeds to be divided equally among the African Elephant Conservation Fund, the Asian Elephant Conservation Fund, the Great Ape Conservation Fund, the Marine Turtle Conservation Fund, the Rhinoceros and Tiger Conservation Fund, and other international wildlife conservation funds authorized by the Congress after the date of the enactment of this Act [Sept. 30, 2010] and administered by the Service as part of the Multinational Species Conservation Fund.
"(ii) any of the funds identified in subparagraph (A).
"(2) Duration.—The Multinational Species Conservation Funds Semipostal Stamp shall be made available to the public for a period of at least 6 years, beginning no later than 12 months after the date of the enactment of this Act [Sept. 30, 2010].
"(3) Limitation.—The Multinational Species Conservation Funds Semipostal Stamp shall not be subject to, or taken into account for purposes of applying, any limitation under section 416(e)(1)(C) of such title 39.
"(4) Restriction on use of funds.—Amounts transferred under paragraph (1) shall not be used to fund or support the Wildlife Without Borders Program or to supplement funds made available for the Neotropical Migratory Bird Conservation Fund.
"(d) Definition.—For purposes of this Act, the term 'semipostal stamp' refers to a stamp described in section 416(a)(1) of title 39, United States Code."
"(a) Short Title.—This section may be cited as the '9/11 Heroes Stamp Act of 2001'.
"(b) In General.—In order to afford the public a direct and tangible way to provide assistance to the families of emergency relief personnel killed or permanently disabled in the line of duty in connection with the terrorist attacks against the United States on September 11, 2001, the United States Postal Service shall issue a semipostal in accordance with subsection (c).
"(2) Disposition of amounts becoming available.—All amounts becoming available from the sale of the semipostal (as determined under such section) shall be transferred to the Federal Emergency Management Agency under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section.
"(B) for such period of time as the Postal Service considers necessary and appropriate, but in no event after December 31, 2004.
"(d) Limitation.—For purposes of section 416 of title 39, United States Code (including any regulation prescribed under subsection (e)(1)(C) of that section), the semipostal postage stamp issued under this section shall not apply to any limitation relating to whether more than one semipostal may be offered for sale at the same time.
"(e) Design.—It is the sense of the Congress that the semipostal issued under this section should depict, by such design as the Postal Service considers to be most appropriate, the efforts of emergency relief personnel at the site of the World Trade Center in New York City and the Pentagon in Arlington, Virginia.
"(2) the term 'semipostal' has the meaning given such term by section 416 of title 39, United States Code."
"(a) Short Title.—This section may be cited as the 'Stamp Out Domestic Violence Act of 2001'.
"(b) In General.—In order to afford the public a direct and tangible way to contribute to funding for domestic violence programs, the United States Postal Service shall issue a semipostal in accordance with subsection (c).
"(1) Disposition of amounts becoming available.—All amounts becoming available from the sale of the semipostal (as determined under such section) shall be transferred to the Department of Health and Human Services under such arrangements as the Postal Service shall by mutual agreement with such agency establish in order to carry out the purposes of this section.
"(B) for such period of time as the Postal Service considers necessary and appropriate, but in no event after December 31, 2006.
"(d) Limitation.—For purposes of section 416 of title 39, United States Code (including any regulation prescribed under subsection (e)(1)(C) of that section), the semipostal stamp issued under this section shall not apply to any limitation relating to whether more than one semipostal may be offered for sale at the same time.
"(e) Definition.—For purposes of this section the term 'semipostal' has the meaning given such term by section 416 of title 39, United States Code."
"(3) a description of any significant advances or accomplishments in such year that were funded, in whole or in part, out of amounts received by such agency under such section 416."
Pub. L. 106–253, §2(c), July 28, 2000, 114 Stat. 636, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, which required the GAO to submit both interim and final reports to the President and each House of Congress on operations of the program established under this section, with the final report to include a detailed statement of the findings and conclusions of the GAO and any appropriate recommendations, was repealed by Pub. L. 112–234, §2(e)(1), Dec. 28, 2012, 126 Stat. 1624.