Notes on 39 U.S.C. § 410 : US Code - Notes

Search Notes on 39 U.S.C. § 410 : US Code - Notes

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 725; Pub. L. 91-656, Sec.
8(a), Jan. 8, 1971, 84 Stat. 1955; Pub. L. 93-340, Sec. 2, July 10,
1974, 88 Stat. 294; Pub. L. 94-82, title I, Sec. 101, Aug. 9, 1975,
89 Stat. 419; Pub. L. 94-409, Sec. 5(a), Sept. 13, 1976, 90 Stat.
1247; Pub. L. 94-541, title II, Sec. 203, Oct. 18, 1976, 90 Stat.
2508; Pub. L. 95-454, title III, Sec. 302(c), title VII, Sec.
703(c)(4), Oct. 13, 1978, 92 Stat. 1146, 1217; Pub. L. 96-523, Sec.
1(c)(2), Dec. 12, 1980, 94 Stat. 3040; Pub. L. 100-496, Sec.
2(c)(2), Oct. 17, 1988, 102 Stat. 2456; Pub. L. 100-504, title I,
Sec. 104(b), Oct. 18, 1988, 102 Stat. 2525; Pub. L. 103-82, title
II, Sec. 202(g)(6), Sept. 21, 1993, 107 Stat. 890; Pub. L. 103-94,
Sec. 9(b)(2), Oct. 6, 1993, 107 Stat. 1010; Pub. L. 103-123, title
VII, Sec. 708(a), Oct. 28, 1993, 107 Stat. 1272; Pub. L. 104-208,
div. A, title I, Sec. 101(f) [title VI, Sec. 662(f)(1)], Sept. 30,
1996, 110 Stat. 3009-314, 3009-382; Pub. L. 107-217, Sec. 3(k),
Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108-178, Sec. 4(j), Dec. 15,
2003, 117 Stat. 2642.)
REFERENCES IN TEXT
Section 5532 of title 5, referred to in subsec. (b)(1), was
repealed by Pub. L. 106-65, div. A, title VI, Sec. 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 (Sec. 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 Walsh-Healey Act, referred to in subsec. (b)(5)(A), is act
June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is
classified generally to sections 35 to 45 of Title 41, Public
Contracts. For complete classification of this Act to the Code, see
Short Title note set out under section 35 of Title 41 and Tables.
See also section 262 of Title 29, Labor.
The Service Contract Act of 1965, referred to in subsec.
(b)(5)(B), is Pub. L. 89-286, Oct. 22, 1965, 79 Stat. 1034, as
amended, which is classified generally to chapter 6 (Sec. 351 et
seq.) of Title 41. For complete classification of this Act to the
Code, see Short Title note set out under section 351 of Title 41
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 (Sec. 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 (Sec. 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.
AMENDMENTS
2003 - Subsec. (d)(1). Pub. L. 108-178, Sec. 4(j)(1), substituted
"section 3142 of title 40" for "section 276a of title 40".
Subsec. (d)(2). Pub. L. 108-178, Sec. 4(j)(2), substituted
"section 3145 of title 40" for "section 276c of title 40".
2002 - Subsec. (b)(4). Pub. L. 107-217 amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "the
following provisions of title 40:
"(A) sections 258a-258e (relating to condemnation proceedings);
"(B) sections 270a-270e (known as the Miller Act, relating to
performance bonds);
"(C) sections 276a - 276a-7 (known as the Davis-Bacon Act,
relating to prevailing wages);
"(D) section 276c (relating to wage payments of certain
contractors);
"(E) chapter 5 (the Contract Work Hours Standards Act); and
"(F) chapter 15 (the Government Losses in Shipment Act);".
1996 - Subsec. (b)(9). Pub. L. 104-208, Sec. 101(f) [title VI,
Sec. 662(f)(1)(A)], struck out "and" at end.
Subsec. (b)(10). Pub. L. 104-208, Sec. 101(f) [title VI, Sec.
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, Sec. 202(g)(6)(A), and
Pub. L. 103-123, Sec. 708(a)(1), amended par. (8) identically,
striking out "and" at end.
Subsec. (b)(9). Pub. L. 103-123, Sec. 708(a)(2), substituted
"chapter" for "Chapter" in par. (9) relating to title 31.
Pub. L. 103-82, Sec. 202(g)(6)(B), and Pub. L. 103-123, Sec.
708(a)(2), amended par. (9), relating to title 31, identically,
substituting "; and" for period at end.
Pub. L. 103-94, Sec. 9(b)(2)(A), and Pub. L. 103-123, Sec.
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, Sec.
202(g)(6)(C), struck out such par. See below.
Pub. L. 103-82, Sec. 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, Sec. 9(b)(2)(A), and Pub. L. 103-
123, Sec. 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,
Sec. 202(g)(6)(C), struck out such par. See above.
Pub. L. 103-82, Sec. 202(g)(6)(C), added par. (10).
Subsec. (b)(11). Pub. L. 103-94, Sec. 9(b)(2)(B), added par.
(11).
1988 - Subsec. (b)(6) to (8). Pub. L. 100-504, Sec. 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, Sec. 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".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
5 of Pub. L. 108-178, set out as a note under section 5334 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1993 AMENDMENTS; SAVINGS PROVISION
Amendment by 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. 103-82 effective Oct. 1, 1993, see section
202(i) of Pub. L. 103-82, set out as an Effective Date note under
section 12651 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by 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.
EFFECTIVE DATE OF 1980 AMENDMENT
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.
EFFECTIVE DATE OF 1978 AMENDMENT
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.
EFFECTIVE DATE OF 1976 AMENDMENT
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.
EFFECTIVE DATE OF 1974 AMENDMENT
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.
EFFECTIVE DATE OF 1971 AMENDMENT
Section 8(b) of Pub. L. 91-656 provided that: "The provisions of
this section [amending this section] shall become effective on the
effective date prescribed under section 15(a) of the Postal
Reorganization Act [set out as an Effective Date note preceding
section 101 of this title] for section 410 of title 39, United
States Code, as enacted by that Act."
EFFECTIVE DATE
Subsecs. (a), (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.
APPLICABILITY OF HATCH ACT REFORM AMENDMENTS OF 1993 TO POSTAL
EMPLOYEES
Section 7 of Pub. L. 103-94 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 Rate Commission, pursuant to
sections 410(b) and 3604(e) of title 39, United States Code."
(!1) See References in Text note below.