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Volume 76 · 443

Public Law 87–646

To amend title 39, United States Code, to codify certain recent public laws relating to the postal service and to improve the Code.

Approved September 7, 1962

Statutory text

AN ACT

To amend title 39, United States Code, to codify certain recent public laws relating to the postal service and to improve the Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the definition of “revenue of the Department” contained in section 1 of title 39, United States Code, is amended by striking out the period at the end thereof and by inserting in lieu thereof a semicolon and the following:

“(v)

commissions on toll telephones located in buildings under the custody of the Department;

“(vi)

amounts collected from officers and employees of the Department on account of payments to them by courts of witness fees and allowances for expenses of travel and subsistence in cases in which they have been subpenaed to testify in private litigation in their official capacities or to produce official records;

“(vii)

money recovered or collected on account of loss of first-class domestic registered matter which is not restored to the original owners.”

Sec. 2.

(a)

Chapter 3 of title 39, United States Code, is amended by inserting immediately following “§ 308. Chief Postal Inspector.” the following new section:

“§ 308a. Judicial Officer

“A Judicial Officer, appointed by the Postmaster General, shall perform such quasi-judicial duties as the Postmaster General may designate. He shall be the agency for the purposes of the requirements of the Administrative Procedure Act, as amended (chapter 19

60 Stat. 237.

5 USC 1001 note.

of title 5), to the extent that functions are delegated to him by the Postmaster General.”

(b)

The analysis of chapter 3, preceding section 301 of title 39, United States Code, is amended by inserting after

the following item:

Sec. 2A.

Subsection (a)(1) of section 2303 is amended by deleting “section 4167” in item (E) and inserting in lieu thereof “section 4168”.

Sec. 3.

Section 3334(a) of title 39, United States Code, is amended by inserting after “positions” the words, “of clerk and carrier.”

Sec. 4.

Section 3541 of title 39, United States Code, is amended by striking out subsection (h).

Sec. 5.

The Postal Field Service Schedule contained in section

Postal Field Service Schedule.

74 Stat. 645.

3542(a) of title 39, United States Code, is amended to read as follows:

“LevelPer annum rates and steps
1234567
        
1$3, 415$3, 545$3, 675$3, 805$3, 935$4, 065$4, 195
23, 6703, 8053, 9404, 0754, 2104, 3454, 480
33, 9554, 1004, 2454, 3904, 5354, 6804, 825
44, 3454, 5054, 6654, 8254, 0855, 1455, 305
54, 6054, 7654, 9235, 0855, 2465, 4055, 565
64. 9765, 1505, 3255,5005, 6755, 8506, 026
75, 3705, 5555, 7405, 9256, 1106, 2956, 480
86, 7905, 9956, 2006, 4056, 6196, 8167, 020
96, 2656, 4806, 7956, 9307, 1557, 3807, 605
106, 8707, 1107, 3507, 5907, 8308, 0708, 310
117, 5507, 8208, 0808, 3408, 6018, 8609, 120
128, 3208, 6058, 8909, 1759, 4809, 74510, 030
138, 1609. 4709, 78010, 09010, 40010, 71011, 020
1410, 07510, 41010, 74511, 08011, 41511, 75012, 085
1511, 07611, 44011, 80512, 17012, 53512, 90013, 265
1612, 20512, 57012, 93513, 30013, 66514, 08014, 395
1713, 50513, 87014, 23614, 60014, 96515, 33015, 695
1815, 16615, 52515, 88516, 24516, 60516, 96616, 965
1916, 58516, 94517, 095_ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _
2017, 200_ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _
        

Sec. 6.

(a)

The Rural Carrier Schedule contained in section 3543(a)

Rural Carrier Schedule.

of title 39, United States Code, is amended to read as follows:

Per annum rates and steps
1234567
Carriers in rural delivery service:       
Fixed compensation per annum$2, 053$2, 132$2, 211$2, 290$2, 369$2, 448$2, 527
Compensation per mile per annum for each mile up to 30 miles of route71787577798183
For each mile of route over 30 miles24242424242424
Temporary carriers in rural delivery service on routes to which no regular carrier is assigned:       
Fixed compensation per annum.2, 053_ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _
Compensation per mile per annum for each mile up to 30 miles of route71_ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _
For each mile of route over 30 miles24_ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _
Temporary carriers in rural delivery service on routes having regular carriers absent without pay or on military leave(1)(1)(1)(1)(1)(1)(1)
Substitute carriers in rural delivery service on routes having carriers absent with pay(1)(1)(1)(1)(1)(1)(1)
        
1 “Basic compensation authorized for the regular carrier.”
(b)

Subsection (c) of section 3543 is amended by striking out

Additional compensation provisions.

“$5,165 during the period referred to in section 3541(h) of this title, and $5,035 thereafter” and by inserting in lieu thereof “the basic salary for the maximum step in the Rural Carrier Schedule for a route sixty-one miles in length”.

Sec. 7.

The Fourth Class Office Schedule contained in section 3544 (a) of title 39, United States Code, is amended to read as follows:

“Gross receiptsPer annum rates and steps
1234567
        
$1, 300 to 1, 499.99$2, 979$3, 078$3, 177$3, 276$3, 375$3, 474$3, 573 
$900 to $1, 299.992, 7302, 8202, 9103, 0003, 0003, 1803, 270 
$600 to $899.992, 2342, 3062, 3842, 4592, 6342, 6002, 684 
$850 to $599.991, 7371, 7941, 8511, 9081, 9652, 0022, 079 
$250 to $349.991, 2421, 2821, 3221, 3621, 4021, 4421, 452 
$200 to $249.909931, 0251, 0871, 0801, 1211, 1531, 185 
$100 to $190.99745766793817841665880 
Under $100495511527543559575591”
        

Sec. 8.

Subsection (b) of section 3551, title 39, United States Code, is amended to read as follows:

“(b)

The Postmaster General may appoint any employee of the legislative branch whose compensation is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an employee, and any Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, to any position m the postal field service and may fix his initial rate of compensation at the minimum rate of the appropriate level of the basic salary schedule applicable to the position, or at any step of that level that does not exceed the highest previous rate of compensation received by him during his service in the legislative branch.”

Sec. 9.

Section 3552 of title 39, United States Code, is amended by adding at the end thereof a new subsection (c), as follows:

“(c)

Any increase in basic salary granted by law after July 9, 1960, is not to be an equivalent increase in basic salary within the meaning of subsection (a) of this section.”

Sec. 10.

Section 4007 of title 39, United States Code, exclusive of the catchline, is amended to read as follows:

“(a)

In preparation for or during the pendency of proceedings under sections 4005 and 4006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postmaster General and upon a showing of probable cause to believe the statute is being violated, enter a temporary restraining order and preliminary injunction pursuant

28 USC app.

to rule 65 of the Federal Rules of Civil Procedure directing the detention of the defendant’s incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings.

“(b)

This section does not apply to mail addressed to publishers of publications which have entry as second class matter, or to mail addressed to the agents of those publishers.”

Sec. 11.

(a)

Section 4157 of title 39, United States Code, is repealed.

(b)

The analysis of chapter 57 immediately preceding section 4151 is amended by striking out

Sec. 12.

Subsection (c) of section 4452 of title 39, United States Code, is amended by striking out “six cents” and by inserting in lieu thereof “3½ cents”.

Sec. 13.

Section 4554 of title 39, United States Code, exclusive of the

Educational materials, postage rates.

74 Stat. 675.

catch line, is amended to read as follows:

“(a)

Except as provided in subsection (b) of this section, the regular third or fourth class postage rates, or the rate of 9 cents a pound for the first pound or fraction thereof and 5 cents for each additional pound or fraction thereof, whichever is the lower rate, is the postage rate on—

“(1)

books permanently bound for preservation, consisting wholly of reading matter or scholarly bibliography or reading matter with incidental blank spaces for notations and containing no advertising matter other than incidental announcement of books;

“(2)

16-millimeter films and 16-millimeter film catalogs except when sent to commerical theaters;

“(3)

printed music, whether in bound form or in sheet form;

“(4)

printed objective test materials and accessories thereto used by or in behalf of educational institutions in the testing of ability, aptitude, achievement, interests, and other mental and personal qualities with or without answer, test scores, or identifying information recorded thereon in writing, or by mark;

“(5)

sound recordings;

“(6)

manuscripts for books, periodicals and music; and

“(7)

printed educational reference charts, permanently processed for preservation.

“(b)
(1)

Matter designated in paragraph (2) of this subsection may be mailed at the regular third or fourth class postage rates, or at the rate of 4 cents for the first pound or fraction thereof and 1 cent for each additional pound or fraction thereof when loaned or exchanged (including cooperative processing by libraries) between—

“(A)

schools, colleges, or universities;

“(B)

public libraries, religious, educational, scientific, philanthropic, agricultural, labor, veterans’, or fraternal organizations or associations, not organized for profit and none of the net income of which inures to the benefit of any private stockholder or individual, or bet ween such organizations and their members, readers or borrowers.

“(2)

The materials mailable under the rates prescribed in paragraph (1) of this subsection are—

“(A)

books consisting wholly of reading matter or scholarly bibliography or reading matter with incidental blank spaces for notations and containing no advertising matter other than incidental announcements or books;

“(B)

printed music, whether in bound form or in sheet form;

“(C)

bound volumes of academic theses in typewritten or other duplicated form;

“(D)

periodicals, whether bound or unbound;

“(E)

sound recordings; and

“(F)

other library materials in printed, duplicated, or photographic form or in the form of unpublished manuscripts.

“(3)

Before being entitled to the preferential rates under this subsection, the Postmaster General may require an organization or association to furnish satisfactory evidence to him that none of the net income inures to the benefit of any private stockholder or individual.

“(c)

16-millimeter films, filmstrips, transparencies for projection, slides, microfilms, sound recordings, scientific or mathematical kits, instruments or other devices, catalogs of such materials, and guides or scripts prepared solely for use with such materials may be mailed at the rates prescribed in subsection (b)(1) of this section when sent to or from the institutions, organizations or associations listed in (A) and (B) of subsection (b)(1).

“(d)

The limit of weight on parcels mailed under this section is 70 pounds.

“(e)

The postage rates prescribed in this section shall continue until otherwise provided by the Congress.”

Sec. 14.

Paragraph (5) of subsection (b) of section 4552 of title 39, United States Code, is amended by striking out “the Territory of Hawaii”.

Sec. 15.

Subsection (a) of section 4553 of title 39, United States Code, is amended by striking out “the Territory of Hawaii”.

Sec. 16.

(a)

Chapter 81 of title 39, United States Code, is amended by adding the following new section:

“§ 5013. Return receipts for certified mail

“The courts shall receive return receipts for the delivery of certified mail as prima facie evidence of delivery to the same extent as return receipts for registered mail.”

(b)

The analysis of chapter 81, preceding section 5001 of title 39, United States Code, is amended by adding the following item:

Sec. 17.

Section 6202 of title 39, United States Code, exclusive of the catchline, is amended to read as follows:

“This chapter applies to mail transportation performed by a railroad by rail or combination of rail and vessel, or by motor vehicle as provided by section 6213 of this title.”

Sec. 18.

Subsection (c) of section 6303 of title 39, United States Code, is amended by striking out “the Territory of Hawaii and”.

Sec. 19.

Paragraph (1) of subsection (a) of section 6409 of title 39, United States Code, is amended by striking out “the Territory of Hawaii,”.

Sec. 20.

The schedule of laws repealed in section 12(c) of the Act of September 2, 1960, Public Law 86–682 (74 Stat. 709–730), is amended as follows: (1) in the “U.S. Code” title column corresponding to the Act of March 4, 1913, chapter 142, insert “31”, and in the “U.S. Code” section of the same item, insert “57”; (2) in the “U.S. Code” section column corresponding to section 1 of the Act of April 9, 1958, Public Law 85–371, insert “272a”; and (3) in the “U.S. Code” section column corresponding to section 7 of the Act of April 9, 1958, insert “272a note”.

Sec. 21.

The first paragraph of section 8 of title 17, United States Code, as amended, is further amended to read as follows:

“No copyright shall subsist in the original text of any work which is in the public domain, or in any work which was published in this country or any foreign country prior to July 1, 1909, and has not been already copyrighted in the United States, or in any publication of the United States Government, or any reprint, in whole or in part, thereof, except that the Postmaster General may secure copyright on behalf of the United States in the whole or any part of the publications authorized by section 2506 of title 39.”

Sec. 22.

Orders, rules, and regulations in effect under provisions of law superseded or amended by this Act shall, to the extent they would have been authorized under this Act, remain in force and effect as the regulations and orders under the provisions of this Act and shall be administered and enforced under this Act as nearly as may be until specifically repealed, amended, or revised.

Sec. 23.

(a)

This Act shall become effective on November 1, 1962. Laws enacted after January 9, 1962, that are inconsistent with this Act shall supersede it to the extent of the inconsistency.

(b)

The sections or parts thereof of the Statutes at Large enumerated

Repeals.

in the following schedule are hereby repealed. Rights or liabilities existing on November 1, 1962, under the sections or parts thereof repealed are not affected by this repeal:

Statutes at largeUnited States Code, 1962 edition
DateChapterSectionVolumePageTitleSection
       
1872—June 833515172875365
1874—Mar. 546_ _ _ _ _ _ _18195365
       
Statutes at largeUnited States Code, 1962 edition
DateChapterSectionVolumePageTitleSection
       
1959—June 2386–56_ _ _ _ _ _ _738939 
July 3186–1222731 26839991.
  3732 268_ _ _ _ _ _ _ 
Aug. 1886–1691, 27339039782, 784.
1960—June 11 27420439233.
July 186–36810174296_ _ _ _ _ _ _ 
  1027429639971.
  1037429639972.
  1047429739973.
  105743 29739981.
July 1486–644_ _ _ _ _ _ _7447939292a.
 86–673_ _ _ _ _ _ _7466339259b, 259c.
 86–676_ _ _ _ _ _ _74654_ _ _ _ _ _ _ 
       
1 Only subsec. (b) of sec. 2.
2 Only subsecs. (b) and (c) of sec. 3.
3 Only subsecs. (b), (c), and (d) of sec. 105.

Approved September 7, 1962.

Parsed from the official Statutes at Large USLM XML in 76.xml