dreamproit/uscode huggingface dataset:
39 U.S.C. § 2604 (POSTAL SERVICE)
§ 2604. Delivery of stolen money to owner
When the Postal Service is satisfied that money or property in the possession of the Postal Service represents money or property stolen from the mails, or the proceeds thereof, it may deliver it to the person it finds to be the rightful owner.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 745.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 2605 (POSTAL SERVICE)
§ 2605. Suits to recover wrongful or fraudulent payments
The Postal Service shall request the Attorney General to bring a suit to recover with interest any payment made from moneys of, or credit granted by, the Postal Service as a result of—
(1) mistake;
(2) fraudulent representations;
(3) collusion; or
(4) misconduct of an officer or employee of the Postal Service.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 745.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 2801 (POSTAL SERVICE)
§ 2801. Definitions
For purposes of this chapter the term—
(1) “outcome measure” refers to an assessment of the results of a program activity compared to its intended purpose;
(2) “output measure” refers to the tabulation, calculation, or recording of activity or effort and can be expressed in a quantitative or qualitative manner;
(3) “performance goal” means a target level of performance expressed as a tangible, measurable objective, against which actual achievement shall be compared, including a goal expressed as a quantitative standard, value, or rate;
(4) “performance indicator” refers to a particular value or characteristic used to measure output or outcome;
(5) “program activity” means a specific activity related to the mission of the Postal Service; and
(6) “program evaluation” means an assessment, through objective measurement and systematic analysis, of the manner and extent to which Postal Service programs achieve intended objectives.
(Added Pub. L. 103–62, § 7, Aug. 3, 1993, 107 Stat. 292.)
heading: Statutory Notes and Related Subsidiaries
heading: Construction
text: No provision or amendment made by Pub. L. 103–62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103–62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103–62, set out as a Construction of 1993 Amendment note under section 1101 of Title 31, Money and Finance.
39 U.S.C. § 2803 (POSTAL SERVICE)
§ 2803. Performance plans
(a) The Postal Service shall prepare an annual performance plan covering each program activity set forth in the Postal Service budget, which shall be included in the comprehensive statement presented under section 2401(e) of this title. Such plan shall—
(1) establish performance goals to define the level of performance to be achieved by a program activity;
(2) express such goals in an objective, quantifiable, and measurable form unless an alternative form is used under subsection (b);
(3) briefly describe the operational processes, skills and technology, and the human, capital, information, or other resources required to meet the performance goals;
(4) establish performance indicators to be used in measuring or assessing the relevant outputs, service levels, and outcomes of each program activity;
(5) provide a basis for comparing actual program results with the established performance goals; and
(6) describe the means to be used to verify and validate measured values.
(b) If the Postal Service determines that it is not feasible to express the performance goals for a particular program activity in an objective, quantifiable, and measurable form, the Postal Service may use an alternative form. Such alternative form shall—
(1) include separate descriptive statements of—
(A) a minimally effective program, and
(B) a successful program,
with sufficient precision and in such terms that would allow for an accurate, independent determination of whether the program activity’s performance meets the criteria of either description; or
(2) state why it is infeasible or impractical to express a performance goal in any form for the program activity.
(c) In preparing a comprehensive and informative plan under this section, the Postal Service may aggregate, disaggregate, or consolidate program activities, except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major function or operation.
(d) The Postal Service may prepare a non-public annex to its plan covering program activities or parts of program activities relating to—
(1) the avoidance of interference with criminal prosecution; or
(2) matters otherwise exempt from public disclosure under section 410(c) of this title.
(Added Pub. L. 103–62, § 7, Aug. 3, 1993, 107 Stat. 293; amended Pub. L. 109–435, title X, § 1010(d)(2), Dec. 20, 2006, 120 Stat. 3261.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–435 substituted “section 2401(e)” for “section 2401(g)” in introductory provisions.
39 U.S.C. § 2804 (POSTAL SERVICE)
§ 2804. Program performance reports
(a) The Postal Service shall prepare a report on program performance for each fiscal year, which shall be included in the annual comprehensive statement presented under section 2401(e) of this title.
(b)
(1) The program performance report shall set forth the performance indicators established in the Postal Service performance plan, along with the actual program performance achieved compared with the performance goals expressed in the plan for that fiscal year.
(2) If performance goals are specified by descriptive statements of a minimally effective program activity and a successful program activity, the results of such program shall be described in relationship to those categories, including whether the performance failed to meet the criteria of either category.
(c) The report for fiscal year 2000 shall include actual results for the preceding fiscal year, the report for fiscal year 2001 shall include actual results for the two preceding fiscal years, and the report for fiscal year 2002 and all subsequent reports shall include actual results for the three preceding fiscal years.
(d) Each report shall—
(1) review the success of achieving the performance goals of the fiscal year;
(2) evaluate the performance plan for the current fiscal year relative to the performance achieved towards the performance goals in the fiscal year covered by the report;
(3) explain and describe, where a performance goal has not been met (including when a program activity’s performance is determined not to have met the criteria of a successful program activity under section 2803(b)(2))—
(A) why the goal was not met;
(B) those plans and schedules for achieving the established performance goal; and
(C) if the performance goal is impractical or infeasible, why that is the case and what action is recommended; and
(4) include the summary findings of those program evaluations completed during the fiscal year covered by the report.
(Added Pub. L. 103–62, § 7, Aug. 3, 1993, 107 Stat. 294; amended Pub. L. 109–435, title X, § 1010(d)(2), Dec. 20, 2006, 120 Stat. 3261.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–435 substituted “section 2401(e)” for “section 2401(g)”.
39 U.S.C. § 2902 (POSTAL SERVICE)
§ 2902. Property management
(a) In General.—
The Postal Service—
(1) shall maintain adequate inventory controls and accountability systems for postal property;
(2) shall develop current and future workforce projections so as to have the capacity to assess the needs of the Postal Service workforce regarding the use of property;
(3) may develop a 5-year management template that—
(A) establishes goals and policies that will lead to the reduction of excess property and underutilized property in the inventory of the Postal Service;
(B) adopts workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;
(C) assesses leased space to identify space that is not fully used or occupied;
(D) develops recommendations on how to address excess capacity at Postal Service facilities without negatively impacting mail delivery; and
(E) develops recommendations on ensuring the security of mail processing operations; and
(4) if the Postal Service develops a template under paragraph (3) shall, as part of that template and on a regular basis—
(A) conduct an inventory of postal property that is real property; and
(B) publish a report that covers each property identified under subparagraph (A), similar to the USPS Owned Facilities Report and the USPS Leased Facilities Report, that includes—
(i) the date on which the Postal Service first occupied the property;
(ii) the size of the property in square footage and acreage;
(iii) the geographical location of the property, including an address and description;
(iv) the extent to which the property is being utilized;
(v) the actual annual operating costs associated with the property;
(vi) the total cost of capital expenditures associated with the property;
(vii) the number of postal employees, contractor employees, and functions housed at the property;
(viii) the extent to which the mission of the Postal Service is dependent on the property; and
(ix) the estimated amount of capital expenditures projected to maintain and operate the property over each of the next 5 years after the date of enactment of this chapter.
(b) Rule of Construction.—
Nothing in subsection (a)(4)(B) shall be construed to require the Postal Service to obtain an appraisal of postal property.
(Added Pub. L. 114–318, § 4(a), Dec. 16, 2016, 130 Stat. 1613.)
heading: Editorial Notes
heading: References in Text
text: The date of enactment of this chapter, referred to in subsec. (a)(4)(B)(ix), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
39 U.S.C. § 3002 (POSTAL SERVICE)
§ 3002. Nonmailable motor vehicle master keys
(a) Except as provided in subsection (b) of this section, any motor vehicle master key, any pattern, impression, or mold from which a motor vehicle master key may be made, or any advertisement for the sale of any such key, pattern, impression, or mold, is nonmailable matter and shall not be carried or delivered by mail.
(b) The Postal Service is authorized to make such exemptions from the provisions of subsection (a) of this section as it deems necessary.
(c) For the purposes of this section, “motor vehicle master key” means any key (other than the key furnished by the manufacturer with the motor vehicle, or the key furnished with a replacement lock, or any exact duplicate of such keys) designed to operate 2 or more motor vehicle ignition, door, or trunk locks of different combinations.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 746.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3003 (POSTAL SERVICE)
§ 3003. Mail bearing a fictitious name or address
(a) Upon evidence satisfactory to the Postal Service that any person is using a fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, by means of the postal services of the United States, an activity in violation of sections 1302, 1341, and 1342 of title 18, it may—
(1) withhold mail so addressed from delivery; and
(2) require the party claiming the mail to furnish proof to it of the claimant’s identity and right to receive the mail.
(b) The Postal Service may issue an order directing that mail, covered by subsection (a) of this section, be forwarded to a dead letter office as fictitious matter, or be returned to the sender when—
(1) the party claiming the mail fails to furnish proof of his identity and right to receive the mail; or
(2) the Postal Service determines that the mail is addressed to a fictitious, false, or assumed name, title, or address.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 746.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3004 (POSTAL SERVICE)
§ 3004. Delivery of mail to persons not residents of the place of address
Whenever the Postal Service determines that letters or parcels sent in the mail are addressed to places not the residence or regular business address of the person for whom they are intended, to enable the person to escape identification, the Postal Service may deliver the mail only upon identification of the person so addressed.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3006 (POSTAL SERVICE)
[§ 3006. Repealed. Pub. L. 106–168, title I, § 105(b)(1), Dec. 12, 1999, 113 Stat. 1811]
text: Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747, prohibited persons from obtaining or attempting to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as an Effective Date of 1999 Amendment note under section 3001 of this title.
39 U.S.C. § 3007 (POSTAL SERVICE)
§ 3007. Detention of mail for temporary periods
(a)
(1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure.
(2)
(A) Upon a proper showing, the court shall enter an order which shall—
(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and
(ii) direct the detention by the postmaster, in any and all districts, of the defendant’s incoming mail and outgoing mail, which is the subject of the proceedings under section 3005.
(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005.
(3) Mail detained under paragraph (2) shall—
(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and
(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005.
(4) No finding of the defendant’s intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section.
(b) If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under subsection (a) was issued.
(c) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106–168, title I, § 105(a), Dec. 12, 1999, 113 Stat. 1810.)
heading: Editorial Notes
heading: References in Text
text: Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
heading: Amendments
text: 1999—Pub. L. 106–168 added subsecs. (a) and (b), struck out former subsec. (a) which provided for injunctive relief and other orders by the district court in which the defendant gets his mail, and redesignated former subsec. (b) as (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1999 Amendment
text: Amendment by Pub. L. 106–168 effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as a note under section 3001 of this title.
heading: Effective Date
text: Section 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.
39 U.S.C. § 3009 (POSTAL SERVICE)
§ 3009. Mailing of unordered merchandise
(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of un­ordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d) For the purposes of this section, “un­ordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 749.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3201 (POSTAL SERVICE)
§ 3201. Definitions
As used in this chapter—
(1) “penalty mail” means official mail, other than franked mail, which is authorized by law to be transmitted in the mail without prepayment of postage;
(2) “penalty cover” means envelopes, wrappers, labels, or cards used to transmit penalty mail;
(3) “frank” means the autographic or facsimile signature of persons authorized by sections 3210–3216 and 3218 of this title to transmit matter through the mail without prepayment of postage or other indicia contemplated by sections 733 and 907 of title 44;
(4) “franked mail” means mail which is transmitted in the mail under a frank;
(5) “Members of Congress” includes Senators, Representatives, Delegates, and Resident Commissioners; and
(6) “missing child” has the meaning provided by section 403(1) of the Juvenile Justice and Delinquency Prevention Act of 1974.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 751; Pub. L. 99–87, § 1(b), Aug. 9, 1985, 99 Stat. 291.)
heading: Editorial Notes
heading: References in Text
text: Section 403 of the Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (6), is section 403 of Pub. L. 93–415, which is classified to section 11292 of Title 34, Crime Control and Law Enforcement.
heading: Amendments
text: 1985—Par. (6). Pub. L. 99–87 added par. (6).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3203 (POSTAL SERVICE)
§ 3203. Endorsements on penalty covers
(a) Except as otherwise provided in this section, penalty covers shall bear, over the words “Official Business” an endorsement showing the name of the department, bureau, or office from which, or officer from whom, it is transmitted. The penalty for the unlawful use of all penalty covers shall be printed thereon.
(b) The Postal Service shall prescribe the endorsement to be placed on covers mailed under clauses (1)(E), (2), and (3) of section 3202(a) of this title.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 752.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
39 U.S.C. § 3204 (POSTAL SERVICE)
§ 3204. Restrictions on use of penalty mail
(a) Except as otherwise provided in this section or section 3220(a) of this title, an officer, executive department, or independent establishment of the Government of the United States may not mail, as penalty mail, any article or document unless—
(1) a request therefor has been previously received by the department or establishment; or
(2) its mailings is required by law.
(b) Subsection (a) of this section does not prohibit the mailing, as penalty mail, by an officer, executive department, or independent agency of—
(1) enclosures reasonably related to the subject matter of official correspondence;
(2) informational releases relating to the census of the United States and authorized by title 13;
(3) matter concerning the sale of Government securities;
(4) forms, blanks, and copies of statutes, rules, regulations, instructions, administrative orders, and interpretations necessary in the administration of the department or establishment;
(5) agricultural bulletins;
(6) lists of public documents offered for sale by the Superintendent of Documents;
(7) announcements of the publication of maps, atlases, and statistical and other reports offered for sale by the Federal Power Commission as authorized by section 825k of title 16; or
(8) articles or documents to educational institutions or public libraries, or to Federal, State, or other public authorities.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 752; Pub. L. 99–87, § 1(c)(1), Aug. 9, 1985, 99 Stat. 291.)
heading: Editorial Notes
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–87 substituted “section or section 3220(a) of this title,” for “section,” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
heading: Transfer of Functions
text: Federal Power Commission terminated and its functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.