
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 39USC407]

 
                        TITLE 39--POSTAL SERVICE
 
                             PART I--GENERAL
 
                      CHAPTER 4--GENERAL AUTHORITY
 
Sec. 407. International Postal Arrangements \1\

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    \1\ So in original. ``Postal Arrangements'' probably should not be 
capitalized.
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    (a)(1) The Secretary of State shall have primary responsibility for 
formulation, coordination and oversight of policy with respect to United 
States participation in the Universal Postal Union, including the 
Universal Postal Convention and other Acts of the Universal Postal 
Union, amendments thereto, and all postal treaties and conventions 
concluded within the framework of the Convention and such Acts.
    (2) Subject to subsection (d), the Secretary may, with the consent 
of the President, negotiate and conclude treaties, conventions and 
amendments referred to in paragraph (1).
    (b)(1) Subject to subsections (a), (c), and (d), the Postal Service 
may, with the consent of the President, negotiate and conclude postal 
treaties and conventions.
    (2) The Postal Service may, with the consent of the President, 
establish rates of postage or other charges on mail matter conveyed 
between the United States and other countries.
    (3) The Postal Service shall transmit a copy of each postal treaty 
or convention concluded with other governments under the authority of 
this subsection to the Secretary of State, who shall furnish a copy to 
the Public Printer for publication.
    (c) The Postal Service shall not conclude any treaty or convention 
under the authority of this section or any other arrangement related to 
the delivery of international postal services that is inconsistent with 
any policy developed pursuant to subsection (a).
    (d) In carrying out their responsibilities under this section, the 
Secretary and the Postal Service shall consult with such federal \2\ 
agencies as the Secretary or the Postal Service considers appropriate, 
private providers of international postal services, users of 
international postal services, the general public, and such other 
persons as the Secretary or the Postal Service considers appropriate.
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    \2\ So in original. Probably should be capitalized.
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(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 724; Pub. L. 105-277, div. A, 
Sec. 101(h) [title VI, Sec. 633(a)], Oct. 21, 1998, 112 Stat. 2681-480, 
2681-523.)


                               Amendments

    1998--Pub. L. 105-277 substituted ``International Postal 
Arrangements'' for ``International postal arrangements'' in section 
catchline and amended text generally. Prior to amendment, text read as 
follows:
    ``(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.''


                             Effective Date

    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.


                  Transfer of Funds to State Department

    Pub. L. 105-277, Sec. 101(h) [title VI, Sec. 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.''

                         Delegation of Authority

    Memorandum of President of the United States, Dec. 15, 1994, 59 F.R. 
65471, provided:
    Memorandum for the Governors of the United States Postal Service
    I have been advised by the Department of Justice that the United 
States District Court for the District of Delaware held in UPS Worldwide 
Forwarding v. United States Postal Service, Civil Action No. 93-340, May 
16, 1994 [853 F. Supp. 800], that the Postal Service must obtain the 
approval of the President to establish rates of postage or other charges 
on mail matter conveyed between the United States and other countries.
    On appeal of the decision to the United States Court of Appeals for 
the Third Circuit, the Government argues that the explicit consent of 
the President is not required. In the view of the Government, to the 
extent that 39 U.S.C. 407(a) does require the President to consent, it 
does not require that consent be given in any particular manner. The 
Government's position is that the failure of the President to object to 
the establishment of international postage rates and other charges is 
consent to the establishment of such rates and other charges. This has 
been the practice of the Government for the past 120 years.
    To the extent that the District Court's decision creates or appears 
to create an obligation for the President to give his consent to the 
establishment of rates of postage and other charges on mail matter 
conveyed between the United States and other countries in a particular 
manner, by virtue of the authority vested in me by the Constitution and 
the laws of the United States of America, including section 301 of title 
3 of the United States Code, I hereby delegate to the Governors of the 
United States Postal Service, as defined by section 202(a) of title 39 
of the United States Code, any authority vested in me by section 407(a) 
of title 39 of the United States Code, with respect to the establishment 
of rates of postage and other charges on mail matter conveyed between 
the United States and other countries. This delegation is effective 
until the date on which the Third Circuit Court of Appeals issues its 
mandate in the aforementioned appeal. This delegation relates only to 
the establishment of rates of postage and other charges on mail matter 
conveyed between the United States and other countries; it does not 
affect the obligation of the Postal Service to seek the consent of the 
President to negotiate and conclude postal treaties or conventions.
    This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.

    [UPS Worldwide Forwarding v. United States Postal Service, 853 F. 
Supp. 800, D.C. Del., 1994, reversed 66 F.3d 621 (3rd Cir. 1995), cert. 
denied, 516 U.S. 1171 (1996)]
