CHANGES IN EXISTING LAW

In compliance with paragraph 2a, of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman):

ACT OF MAY 9, 1934 (48 STAT. 678, 39 U. S. C. 331) AS AMENDED BY THE PENDING BILL (H. R. 9601)

Books, pamphlets, and other reading matter published either in raised characters, whether prepared by hand or printed, or in the form of sound-reproduction records for the use of the blind, [in packages not exceeding twelve pounds in weight,] in packages not exceeding the weight prescribed by the Postmaster General, and containing no advertising or other matter whatever, unsealed, and when sent by public institutions for the blind, or by any public libraries, as a loan to blind readers, or when returned by the latter to such institutions or public libraries; magazines, periodicals, and other regularly issued publications in such raised characters, whether prepared by hand or printed, or on sound-reproduction records (for the use of the blind), which contain no advertisements and for which no subscription fee is charged, shall be transmitted in the United States mails free of postage and under such regulations as the Postmaster General may prescribe.

Volumes of the Holy Scriptures, or any part thereof, published either in raised characters, whether prepared by hand or printed, or in the form of sound-reproduction records for the use of the blind, which do not contain advertisements (a) when furnished by an organization, institution, or association not conducted for private profit, to a blind person without charge, shall be transmitted in the United States mails free of postage; (b) when furnished by an organization, institution, or association not conducted for private profit to a blind person at a price not greater than the cost price thereof, shall be transmitted in the United States mails at the postage rate of 1 cent for each pound or fraction thereof; under such regulations as the Postmaster General may prescribe.

Reproducers for sound-reproduction records for the blind or parts thereof which are the property of the United States Government, when shipped for repair purposes by an organization, institution, public library, or association for the blind not conducted for private profit, or by a blind person to an agency not conducted for private profit, or from such an agency to an organization, institution, public library, or association for the blind not conducted for private profit, or to a blind person, may be transmitted through the mails at the rate of 1 cent per pound or fraction thereof; under such regulations as the Postmaster General may prescribe.

The Postmaster General may in his discretion extend this rate of 1 cent per pound or fraction thereof to reproducers for sound-reproduction records for the blind, or parts thereof, which are the property of State governments or subdivisions thereof, or of public libraries, or of private agencies for the blind not conducted for private profit, or of blind individuals, under such regulations as he may prescribe.

All letters written in point print or raised characters or on sound-reproduction records used by the blind, when unsealed, shall be transmitted through the mails as third-class matter.

For the information of the Members of the House, a related act providing special rates of postage on magazines, periodicals, and other regularly issued publications for the blind when furnished at not more than cost, is set forth below:

AN ACT TO PROVIDE SPECIAL RATES OF POSTAGE ON MATTER FOR THE BLIND

APPROVED APRIL 15, 1937 (50 STAT. 66)

That magazines, periodicals, and other regularly issued publications in raised characters, whether prepared by hand or printed, or on sound-reproduction records (for the use of the blind), which contain no advertisements, when furnished by an organization, institution, or association not conducted for private profit, to a blind person, at a price not greater than the cost price thereof, shall be transmitted in the United States mails at the postage rate of 1 cent for each pound

or fraction thereof, under such regulations as the Postmaster General may prescribe.

The Post Office Department's report on the bill follows:
POST OFFICE DEPARTMENT,
Washington, D. C., April 4, 1938.

Hon. JAMES M. MEAD,
Chairman, Committee on the Post Office and Post Roads,

House of Representatives.

MY DEAR MR. MEAD: The receipt is acknowledged of your letter of the 3d instant, requesting a report upon H. R. 9601, a bill to amend the acts for promoting the circulation of reading matter among the blind.

The bill embodies the provisions of existing law with two exceptions: (1) It removes the present 12-pound limit of weight for packages of books, pamphlets, and other reading matter for the blind, including sound-reproduction records, mailed free of postage; and (2) the bill extends the present rate of 1 cent a pound to reproducers for sound-reproduction records for the blind, or parts thereof, when shipped for repair purposes, including those which are the property of the United States Government, and also under certain conditions at the discretion of the Postmaster General, those privately owned.

With respect to the first amendment, it is understood this change is intended to leave the limit of weight to the discretion of the Postmaster General in order that talking books slightly exceeding the present 12-pound limit may be accepted. Therefore, if the words "in packages not exceeding the weight prescribed by the Postmaster General" are inserted after the word "blind" in line 1, page 2, in lieu of the omitted words of the present law "in packages not exceeding 12 pounds in weight," this Department will have no objection to the amendment.

In view of the meritorious purpose of the other amendment (lines 3 to 18, p. 3), it is felt the Department need not object to the enactment thereof into law, provided lines 14 to 18, page 3, are amended in accordance with the suggestion submitted with the letter of the chairman of the House Post Office Committee to read as follows:

"The Postmaster General may in his discretion extend this rate of 1 cent per pound or fraction thereof to reproducers for sound-reproduction records for the blind or parts thereof which are the property of State governments or subdivisions thereof, or of public libraries, or of private agencies for the blind not conducted for private profit, or of blind individuals, under such regulations as he may prescribe."

It has been ascertained from the Bureau of the Budget that this report is in accord with the program of the President.

Very truly yours,

о

JAS. A. FARLEY,
Postmaster General.

APRIL 6, 1938.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. ROMJUE, from the Committee on the Post Office and Post Roads, submitted the following

REPORT

[To accompany H. R. 8037]

The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 8037) to amend the law relating to appointment of postmasters, report the same back to the House with the following amendment and, so amended, recommend that the bill do pass:

Strike out everything after the enacting clause and insert in lieu thereof the following:

That section 6 of the act entitled "An act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1877, and for other purposes," approved July 12, 1876, as amended (U. S. C., 1934 edition, title 39, sec. 31), is hereby amended to read as follows:

"SEC. 6 (a). All vacancies in the offices of postmasters of the first, second, and third classes shall be filled as hereinafter provided, by appointment by the President, by and with the advice and consent of the Senate, and such postmasters so appointed shall hold their offices for a term of four years. Whenever a vacancy occurs in the office of postmaster of the first, second, or third class as the result of (1) death, (2) resignation, (3) removal, (4) retirement, or (5) expiration of term, the President may reappoint, by and with the advice and consent of the Senate, the incumbent, if he qualifies in a noncompetitive examination held by the Civil Service Commission, or, by and with the advice and consent of the Senate, he may appoint a classified civil-service employee serving in the post office in which the vancancy occurs and having qualified in a noncompetitive examination held by the Civil Service Commission, to fill the vacancy, or the President, directly or through the Postmaster General, may request the Civil Service Commission to hold an open competitive examination to test the fitness of applicants to fill such vacancy, and the Civil Service Commission shall certify the results thereof to the President who shall appoint, by and with the advice and consent of the Senate, one of the three highest eligibles to fill the vacancy. No person shall be eligible for appointment under this section unless such person has actually resided within the delivery of the office to which he is appointed, or within the city or town where the same is situated, for one year next preceding the date of such appointment, if the person appointed is an incumbent or a classified civil-service employee; or for one year preceding the date fixed for the

close of receipt of applications for examination if the appointment is made after competitive examination.

"(b) Postmasters of the fourth class shall be held and considered inferior officers under the Federal Constitution, and shall be appointed by the Postmaster General. Whenever a vacancy occurs in any office of postmaster of the fourth class for which the annual compensation is $500 or more (except offices in Alaska, Canal Zone, Guam, Hawaii, Philippines, Puerto Rico, and Samoa), the Postmaster General shall request the Civil Service Commission to hold an open competitive examination to test the fitness of applicants to fill such vacancy, and the Civil Service Commission shall certify the results thereof to the Postmaster General, who shall appoint one of the three highest eligibles to fill the vacancy. No person appointed to a vacancy in the office of postmaster of the fourth class as the result of an open competitive examination shall be removable except for cause as provided in the civil-service laws.

"(c) The Postmaster General shall notify the General Accounting Office of all occurrences of vacancies in, and appointments to, all offices of postmaster."

The bill as introduced provided for the appointment of postmasters at offices of the first, second, and third classes by the President with the advice and consent of the Senate for 4-year terms. Vacancies could be filled by reappointment of the incumbent, promotion of a classified civil-service postal employee at the vacancy office, or by open competitive examination and the selection of one of the three highest eligibles. The original bill further provided that postmasters of the fourth class were to be subject to appointment and removal by the Postmaster General.

The committee has made some improvements in this bill by requiring (1) that in reappointing the incumbent he must qualify in a noncompetitive examination held by the Civil Service Commission and his reappointment be confirmed by the Senate; (2) that in promoting a classified civil-service postal employee serving in the vacancy post office, he must qualify in a noncompetitive examination held by the Civil Service Commission and his appointment be confirmed by the Senate; that appointees must be residents of the postal district served by the vacancy post office. No change was made in the provision in the original bill providing for the selection of one of the three highest eligibles following an open competitive examination to fill the vacancy and submission of the name to the Senate.

With regard to appointment of postmasters at fourth-class post offices, the committee bill covers existing procedure with the authority of law, by providing that these positions shall be filled through competitive civil-service examination in the case of all offices paying $500 or more per annum. Selection may be made of any one of the three highest eligibles. Such postmasters are removable only for cause.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, a comparison is shown between existing law and the reported bill by the use of parallel columns.