US (United States) Code. Title 39. Part IV. Chapter 36: Postal Rates, classes and services

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Postal service

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 56 páginas
publicidad
publicidad

-CITE-

39 USC CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

-HEAD-

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

-MISC1-

SUBCHAPTER I - POSTAL RATE COMMISSION

Sec.

3601. Establishment.

3602. Terms of office.

3603. Rules; regulations; procedures.

3604. Administration.

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

3621. Authority to fix rates and classes.

3622. Rates and fees.

3623. Mail classification.

3624. Recommended decisions of Commission.

3625. Action of the Governors.

3626. Reduced rates.

3627. Adjusting free rates.

3628. Appellate review.

3629. Reduced rates for voter registration purposes.

SUBCHAPTER III - TEMPORARY RATES AND CLASSES

3641. Temporary changes in rates and classes.

3642. Special authority relating to reduced-rate categories

of mail.

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

3661. Postal services.

3662. Rate and service complaints.

3663. Annual report on international services.

SUBCHAPTER V - GENERAL

3681. Reimbursement.

3682. Size and weight limits.

3683. Uniform rates for books; films; other materials.

3684. Limitations.

3685. Filing of information relating to periodical

publications.

AMENDMENTS

1998 - Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec.

648(b)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-528, added item

3663.

1993 - Pub. L. 103-123, title VII, Sec. 704(a)(3)(B)(ii), Oct.

28, 1993, 107 Stat. 1270, substituted "free rates" for "free and

reduced rates" in item 3627 and added item 3642.

Pub. L. 103-31, Sec. 8(h)(4), May 20, 1993, 107 Stat. 86, added

item 3629.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 204, 410, 414, 416, 2401

of this title.

-End-

-CITE-

39 USC SUBCHAPTER I - POSTAL RATE COMMISSION 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I - POSTAL RATE COMMISSION

-HEAD-

SUBCHAPTER I - POSTAL RATE COMMISSION

-End-

-CITE-

39 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I - POSTAL RATE COMMISSION

-HEAD-

Sec. 3601. Establishment

-STATUTE-

(a) The Postal Rate Commission is an independent establishment of

the executive branch of the Government of the United States. The

Commission is composed of 5 Commissioners, appointed by the

President, by and with the advice and consent of the Senate. The

Commissioners shall be chosen on the basis of their professional

qualifications and may be removed by the President only for cause.

Not more than 3 of the Commissioners may be adherents of the same

political party.

(b) A Commissioner may continue to serve after the expiration of

his term until his successor has qualified, except that a

Commissioner may not so continue to serve for more than 1 year

after the date upon which his term otherwise would expire under

section 3602 of this title.

(c) One of the Commissioners shall be designated as Chairman by,

and shall serve in the position of Chairman at the pleasure of, the

President.

(d) The Commissioners shall by majority vote designate a Vice

Chairman of the Commission. The Vice Chairman shall act as Chairman

of the Commission in the absence of the Chairman.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 759; Pub. L. 94-421, Sec.

3(a), Sept. 24, 1976, 90 Stat. 1304; Pub. L. 103-123, title VII,

Sec. 708(c), Oct. 28, 1993, 107 Stat. 1273.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-123 substituted "consent" for

"concent".

1976 - Pub. L. 94-421 designated existing provisions as subsec.

(a), required that appointments by the President be subject to

Senate confirmation, substituted provision permitting the President

to remove commissioners for cause for provision which required a

Civil Service Commission hearing for removal, and added subsecs.

(b) to (d).

EFFECTIVE DATE

Subchapter effective Aug. 12, 1970, see section 15(a) of Pub. L.

91-375, set out as a note preceding section 101 of this title.

POSTAL RATE COMMISSIONER HOLDING OFFICE ON SEPTEMBER 24, 1976

Section 3(b) of Pub. L. 94-421 provided that: "The provisions of

section 3601(a) of title 39, United States Code, as amended by

subsection (a) of this section, shall not apply with respect to any

Commissioner of the Postal Rate Commission holding office on the

date of the enactment of this Act [Sept. 24, 1976], except that

such provisions shall apply to any appointment of such a

Commissioner occurring after the date of the enactment of this

Act."

-End-

-CITE-

39 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I - POSTAL RATE COMMISSION

-HEAD-

Sec. 3602. Terms of office

-STATUTE-

The Commissioners of the Postal Rate Commission shall serve for

terms of 6 years except that -

(1) the terms of the Commissioners first taking office shall

expire as designated by the President at the time of appointment,

1 at the end of 2 years, 2 at the end of 4 years, and 2 at the

end of 6 years, following the appointment of the first of them;

and

(2) any Commissioner appointed to fill a vacancy occurring

before the expiration of the term for which his predecessor was

appointed shall serve for the remainder of such term.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 759.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3601 of this title.

-End-

-CITE-

39 USC Sec. 3603 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I - POSTAL RATE COMMISSION

-HEAD-

Sec. 3603. Rules; regulations; procedures

-STATUTE-

The Postal Rate Commission shall promulgate rules and regulations

and establish procedures, subject to chapters 5 and 7 of title 5,

and take any other action they deem necessary and proper to carry

out their functions and obligations to the Government of the United

States and the people as prescribed under this chapter. Such rules,

regulations, procedures, and actions shall not be subject to any

change or supervision by the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 759.)

-End-

-CITE-

39 USC Sec. 3604 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER I - POSTAL RATE COMMISSION

-HEAD-

Sec. 3604. Administration

-STATUTE-

(a) The Chairman of the Postal Rate Commission shall be the

principal executive officer of the Commission. The Chairman shall

exercise or direct the exercise of all the executive and

administrative functions of the Commission, including functions of

the Commission with respect to (1) the appointment of personnel

employed under the Commission, except that the appointment of heads

of major administrative units under the Commission shall require

the approval of a majority of the members of the Commission, (2)

the supervision of the personnel employed under the Commission and

the distribution of business among them and among the

Commissioners, and (3) the use and expenditure of funds.

(b) In carrying out any of his functions under this section, the

Chairman shall be governed by the general policies of the

Commission.

(c) The Chairman may obtain such facilities and supplies as may

be necessary to permit the Commission to carry out its functions.

Any officer or employee appointed under this section shall be paid

at rates of compensation and shall be entitled to programs offering

employee benefits established under chapter 10 or chapter 12 of

this title, as appropriate.

(d)(1) The Commission shall periodically prepare and submit to

the Postal Service a budget of the Commission's expenses,

including, but not limited to, expenses for facilities, supplies,

compensation, and employee benefits. The budget shall be considered

approved -

(A) as submitted if the Governors fail to act in accordance

with subparagraph (B) of this paragraph; or

(B) as adjusted if the Governors holding office, by unanimous

written decision, adjust the total amount of money requested in

the budget.

Subparagraph (B) shall not be construed to authorize the Governors

to adjust any item included within the budget.

(2) Expenses incurred under any budget approved under paragraph

(1) of this subsection shall be paid out of the Postal Service fund

established under section 2003 of this title.

(e) The provisions of section 410 and chapter 10 of this title

shall apply to the Commission, as appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 759; Pub. L. 94-421, Sec.

4, Sept. 24, 1976, 90 Stat. 1305.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-421 increased the authority of the

Chairman to the exercise of all executive and administrative

functions, including appointment of personnel and control over use

and expenditure of funds, and struck out requirement that all final

acts of the Commissioners be by a vote of an absolute majority.

Subsec. (b). Pub. L. 94-421 added subsec. (b). Former subsec. (b)

redesignated (c) and amended.

Subsec. (c). Pub. L. 94-421 redesignated former subsec. (b) as

(c), transferred authority to obtain facilities and supplies from

the Commission to the chairman, and struck out the authority of the

Commission to appoint and fix compensation of officers and

employees and requiring them to be responsible to the

Commissioners. Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Pub. L. 94-421 redesignated former subsecs.

(c) and (d) as (d) and (e), respectively, and in subsec. (d), as so

redesignated, made minor changes in phraseology.

-EXEC-

EX. ORD. NO. 11570. REGULATION OF CONDUCT FOR POSTAL RATE

COMMISSION AND ITS EMPLOYEES

Ex. Ord. No. 11570, Nov. 24, 1970, 35 F.R. 18183, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

Under the Postal Reorganization Act (Public Law 91-375) [this

title], the Postal Rate Commission (referred to hereafter as the

"Commission") is charged with the establishment and adjustment of

fair and equitable rates of postage, fees for postal services, and

classifications of mail. It is essential to public confidence in

the United States Postal Service that the activities, procedures,

decisions, and recommendations of the Commission be impartial and

disinterested and free from taint or suspicion of favoritism of any

kind whatsoever, both in fact and in appearance.

NOW THEREFORE, by virtue of the authority vested in me by section

301 of Title 3, and Section 7301 of Title 5, United States Code,

and the Postal Reorganization Act [this title], it is hereby

ordered as follows:

Section 101. The Commission is subject to Executive Order No.

11222 of May 8, 1965 [formerly set out as a note under section 201

of Title 18, Crimes and Criminal Procedure], "Prescribing Standards

of Ethical Conduct for Government Officers and Employees," and Part

735 of the regulations of the Office of Personnel Management (5 CFR

Part 735).

Sec. 102. The Office of Personnel Management shall prepare

initial standards of conduct regulations for the Commission. The

regulations shall contain such provisions as will ensure that the

Commissioners and employees of the Commission are fully guarded

against involvement in conflicts of interest situations, or the

appearance thereof, or other conduct that may lessen public

confidence. The regulations shall include provision for:

(a) concurrent filing of confidential statements of outside

employment and financial interests by employees of the Commission

with a designated official of the Commission and the Director of

the Office of Personnel Management;

(b) strict control of ex parte contacts with the Commission and

the Commissioners or employees of the Commission regarding

particular matters at issue in contested proceedings before the

Commission. The control of such contacts shall include, but not be

limited to, the maintenance of public records of such contacts

which fully identify the individuals involved and the nature of the

subject matter discussed; and

(c) prohibition against the receipt of honoraria, travel

expenses, entertainment, gifts, loans, favors, or anything of value

by a Commissioner or employee of the Commission from an individual

(other than one having a close family or personal relationship) or

organization having, or likely to have, business with the

Commission.

Sec. 103. The Office of Personnel Management shall issue the

initial standards of conduct regulations applicable to the

Commission not later than 120 days after the effective date of this

Order. Thereafter, the Office may from time to time amend the

regulations, consistent with this Order. The regulations and any

amendments thereto shall be published in the Federal Register.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2003 of this title.

-End-

-CITE-

39 USC SUBCHAPTER II - PERMANENT RATES AND CLASSES OF

MAIL 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3642, 3662, 3681, 3682

of this title.

-End-

-CITE-

39 USC Sec. 3621 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3621. Authority to fix rates and classes

-STATUTE-

Except as otherwise provided, the Governors are authorized to

establish reasonable and equitable classes of mail and reasonable

and equitable rates of postage and fees for postal services in

accordance with the provisions of this chapter. Postal rates and

fees shall be reasonable and equitable and sufficient to enable the

Postal Service under honest, efficient, and economical management

to maintain and continue the development of postal services of the

kind and quality adapted to the needs of the United States. Postal

rates and fees shall provide sufficient revenues so that the total

estimated income and appropriations to the Postal Service will

equal as nearly as practicable total estimated costs of the Postal

Service. For purposes of this section, "total estimated costs"

shall include (without limitation) operating expenses, depreciation

on capital facilities and equipment, debt service (including

interest, amortization of debt discount and expense, and provision

for sinking funds or other retirements of obligations to the extent

that such provision exceeds applicable depreciation charges), and a

reasonable provision for contingencies.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 760.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Jan. 20, 1971, pursuant to Resolution No.

71-10 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.

RATEMAKING LIMITATIONS

Pub. L. 103-123, title VII, Sec. 704(b)(2), Oct. 28, 1993, 107

Stat. 1270, provided that:

"(A) In general. - Except as provided in subparagraph (B), rates

of postage may not be established, under subchapter II of chapter

36 of title 39, United States Code, in a manner designed to allow

the United States Postal Service to receive through revenues any

portion of the additional revenues (referred to in section 2401(d)

of such title, as amended by paragraph (1)(E)) for which amounts

are authorized to be appropriated under such section 2401(d).

"(B) Exception. - If Congress fails to appropriate an amount

authorized under section 2401(d) of title 39, United States Code

(as amended by paragraph (1)(E)), rates for the various classes of

mail may be adjusted in accordance with the provisions of

subchapter II of chapter 36 of such title (excluding section 3627

thereof) such that the resulting increase in revenues will equal

the amount that Congress so failed to appropriate."

CONTINUATION OF EXISTING RATES AND FEES

Section 3 of Pub. L. 91-375 provided that: "The classes of mail,

the rates of postage, and fees for postal services prescribed by

law or regulation made or adopted prior to the effective date [see

Effective Date note set out above] of subchapter II of chapter 36

of title 39, United States Code, as enacted by section 2 of this

Act, shall be in effect according to the terms of such law or

regulation until changed in accordance with such subchapter."

Provisions of section 3 of Pub. L. 91-375 effective within 1 year

after Aug. 12, 1970, on date established therefor by the Board of

Governors and published by it in the Federal Register, see section

15(a) of Pub. L. 91-375, set out as an Effective Date note

preceding section 101 of this title.

-End-

-CITE-

39 USC Sec. 3622 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3622. Rates and fees

-STATUTE-

(a) From time to time the Postal Service shall request the Postal

Rate Commission to submit a recommended decision on changes in a

rate or rates of postage or in a fee or fees for postal services if

the Postal Service determines that such changes would be in the

public interest and in accordance with the policies of this title.

The Postal Service may submit such suggestions for rate adjustments

as it deems suitable.

(b) Upon receiving a request, the Commission shall make a

recommended decision on the request for changes in rates or fees in

each class of mail or type of service in accordance with the

policies of this title and the following factors:

(1) the establishment and maintenance of a fair and equitable

schedule;

(2) the value of the mail service actually provided each class

or type of mail service to both the sender and the recipient,

including but not limited to the collection, mode of

transportation, and priority of delivery;

(3) the requirement that each class of mail or type of mail

service bear the direct and indirect postal costs attributable to

that class or type plus that portion of all other costs of the

Postal Service reasonably assignable to such class or type;

(4) the effect of rate increases upon the general public,

business mail users, and enterprises in the private sector of the

economy engaged in the delivery of mail matter other than

letters;

(5) the available alternative means of sending and receiving

letters and other mail matter at reasonable costs;

(6) the degree of preparation of mail for delivery into the

postal system performed by the mailer and its effect upon

reducing costs to the Postal Service;

(7) simplicity of structure for the entire schedule and simple,

identifiable relationships between the rates or fees charged the

various classes of mail for postal services;

(8) the educational, cultural, scientific, and informational

value to the recipient of mail matter; and

(9) such other factors as the Commission deems appropriate.

(c) Regular rates for each class or subclass of mail that

includes 1 or more special rate categories for mail under former

section 4358 (d) or (e), 4452 (b) or (c), or 4554 (b) or (c) of

this title shall be established by applying the policies of this

title, including the factors of section 3622(b) of this title, to

the costs attributable to the regular rate mail in each class or

subclass combined with the mail in the corresponding special rate

categories authorized by former section 4358 (d) or (e), 4452 (b)

or (c), or 4554 (b) or (c) of this title.

(d) Compliance with any provision of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 651 et seq.) shall not be considered

by the Commission in determining whether to increase rates and

shall not otherwise affect the service of the Postal Service.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 760; Pub. L. 94-421, Sec.

10, Sept. 24, 1976, 90 Stat. 1311; Pub. L. 105-241, Sec. 5, Sept.

28, 1998, 112 Stat. 1573; Pub. L. 106-384, Sec. 1(a), Oct. 27,

2000, 114 Stat. 1460.)

-REFTEXT-

REFERENCES IN TEXT

Former sections 4358, 4452, and 4554 of this title, referred to

in subsec. (c), mean the aforesaid sections which were classified

to former Title 39, The Postal Service, prior to the general

revision and reenactment of Title 39 by Pub. L. 91-375, Aug. 12,

1970, 84 Stat. 719.

The Occupational Safety and Health Act of 1970, referred to in

subsec. (d), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsecs. (c), (d). Pub. L. 106-384 added subsec. (c) and

redesignated former subsec. (c) as (d).

1998 - Subsec. (c). Pub. L. 105-241 added subsec. (c).

1976 - Subsec. (b)(8), (9). Pub. L. 94-421 added par. (8) and

redesignated former par. (8) as (9).

TRANSITIONAL PROVISION FOR NONPROFIT STANDARD (A) MAIL

Pub. L. 106-384, Sec. 2(a), Oct. 27, 2000, 114 Stat. 1461,

provided that: "In any proceeding in which rates are to be

established under chapter 36 of title 39, United States Code, for

mail matter under former sections 4452 (b) and (c) of that title,

pending as of the date of enactment of section 1 of this Act [Oct.

27, 2000], the estimated reduction in postal revenue from such mail

matter caused by the enactment of section 3626(a)(6)(A) of that

title, if any, shall be treated as a reasonably assignable cost of

the Postal Service under section 3622(b)(3) of that title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3624, 3626, 3641 of this

title.

-End-

-CITE-

39 USC Sec. 3623 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3623. Mail classification

-STATUTE-

(a) Within 2 years after the effective date of this subchapter,

the Postal Service shall request the Postal Rate Commission to make

a recommended decision on establishing a mail classification

schedule in accordance with the provisions of this section.

(b) Following the establishment of the mail classification

schedule requested under subsection (a) of this section, the Postal

Service may from time to time request that the Commission submit,

or the Commission may submit to the Governors on its own

initiative, a recommended decision on changes in the mail

classification schedule.

(c) The Commission shall make a recommended decision on

establishing or changing the schedule in accordance with the

policies of this title and the following factors:

(1) the establishment and maintenance of a fair and equitable

classification system for all mail;

(2) the relative value to the people of the kinds of mail

matter entered into the postal system and the desirability and

justification for special classifications and services of mail;

(3) the importance of providing classifications with extremely

high degrees of reliability and speed of delivery;

(4) the importance of providing classifications which do not

require an extremely high degree of reliability and speed of

delivery;

(5) the desirability of special classifications from the point

of view of both the user and of the Postal Service; and

(6) such other factors as the Commission may deem appropriate.

(d) The Postal Service shall maintain one or more classes of mail

for the transmission of letters sealed against inspection. The rate

for each such class shall be uniform throughout the United States,

its territories, and possessions. One such class shall provide for

the most expeditious handling and transportation afforded mail

matter by the Postal Service. No letter of such a class of domestic

origin shall be opened except under authority of a search warrant

authorized by law, or by an officer or employee of the Postal

Service for the sole purpose of determining an address at which the

letter can be delivered, or pursuant to the authorization of the

addressee.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 761; Pub. L. 94-421, Sec.

8, Sept. 24, 1976, 90 Stat. 1310.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in subsec.

(a), is Jan. 20, 1971, pursuant to Resolution No. 71-10 of the

Board of Governors. See section 15(a) of Pub. L. 91-375, set out as

an Effective Date note preceding section 101 of this title.

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-421 substituted "Governors on" for

"Postal Service on".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3624, 3641 of this title.

-End-

-CITE-

39 USC Sec. 3624 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3624. Recommended decisions of Commission

-STATUTE-

(a) The Postal Rate Commission shall promptly consider a request

made under section 3622 or 3623 of this title, except that the

Commission shall not recommend a decision until the opportunity for

a hearing on the record under sections 556 and 557 of title 5 has

been accorded to the Postal Service, users of the mails, and an

officer of the Commission who shall be required to represent the

interests of the general public.

(b) In order to conduct its proceedings with utmost expedition

consistent with procedural fairness to the parties, the Commission

may (without limitation) adopt rules which provide for -

(1) the advance submission of written direct testimony;

(2) the conduct of prehearing conferences to define issues, and

for other purposes to insure orderly and expeditious proceedings;

(3) discovery both from the Postal Service and the parties to

the proceedings;

(4) limitation of testimony; and

(5) the conduct of the entire proceedings off the record with

the consent of the parties.

(c)(1) Except as provided by paragraph (2) of this subsection, in

any case in which the Postal Service makes a request under section

3622 of this title for a recommended decision by the Commission on

changes in a rate or rates of postage or in a fee or fees for

postal services the Commission shall transmit its recommended

decision to the Governors under subsection (d) of this section no

later than 10 months after receiving any such request from the

Postal Service.

(2) In any case in which the Commission determines that the

Postal Service has unreasonably delayed consideration of a request

made by the Postal Service under section 3622 by failing to respond

within a reasonable time to any lawful order of the Commission, the

Commission may extend the 10-month period described in paragraph

(1) of this subsection by one day for each day of such delay.

(d) The Commission shall transmit its recommended decision in a

rate, fee, or classification matter to the Governors. The

recommended decision shall include a statement specifically

responsive to the criteria established under section 3622 or 3623,

as the case may be.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 761; Pub. L. 94-421, Sec.

5(a), Sept. 24, 1976, 90 Stat. 1306.)

-MISC1-

AMENDMENTS

1976 - Subsecs. (c), (d). Pub. L. 94-421 added subsec. (c) and

redesignated former subsec. (c) as (d).

RATE CHANGE REQUEST MADE ON SEPTEMBER 18, 1975, OR UNDER DOCKET

NUMBER R76-1

Section 5(b) of Pub. L. 94-421 provided that: "The amendment made

by subsection (a) of this section [adding subsec. (c) of this

section] shall not apply to any action or proceeding with respect

to the recommended decision of the Postal Rate Commission relating

to proposed changes in rates of postage, and in fees for postal

services, requested on September 18, 1975, by the United States

Postal Service in a request which bears, or which at any time has

been included under, Postal Rate Commission Docket Number R76-1."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3628, 3641, 3662 of this

title.

-End-

-CITE-

39 USC Sec. 3625 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3625. Action of the Governors

-STATUTE-

(a) Upon receiving a recommended decision from the Postal Rate

Commission, the Governors may approve, allow under protest, reject,

or modify that decision in accordance with the provisions of this

section.

(b) The Governors may approve the recommended decision and order

the decision placed in effect.

(c) The Governors may, under protest, allow a recommended

decision of the Commission to take effect and (1) seek judicial

review thereof under section 3628 of this title, or (2) return the

recommended decision to the Commission for reconsideration and a

further recommended decision, which shall be acted upon under this

section and subject to review in accordance with section 3628 of

this title.

(d) The Governors may reject the recommended decision of the

Commission and the Postal Service may resubmit its request to the

Commission for reconsideration. Upon resubmission, the request

shall be reconsidered, and a further recommended decision of the

Commission shall be acted upon under this section and subject to

review in accordance with section 3628 of this title. However, with

the unanimous written concurrence of all of the Governors then

holding office, the Governors may modify any such further

recommended decision of the Commission under this subsection if the

Governors expressly find that (1) such modification is in accord

with the record and the policies of this chapter, and (2) the rates

recommended by the Commission are not adequate to provide

sufficient total revenues so that total estimated income and

appropriations will equal as nearly as practicable estimated total

costs.

(e) The decision of the Governors to approve, allow under

protest, reject, or modify a recommended decision of the Commission

shall be in writing and shall include an estimate of anticipated

revenue and a statement of explanation and justification. The

decision, the record of the Commission's hearings, and the

Commission's recommended decision shall be made generally available

at the time the decision is issued and shall be printed and made

available for sale by the Public Printer within 10 days following

the day the decision is issued.

(f) The Board shall determine the date on which the new rates,

fees, the mail classification schedule, and changes in such

schedule under this subchapter shall become effective.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 762; Pub. L. 103-123,

title VII, Sec. 708(d), Oct. 28, 1993, 107 Stat. 1273.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-123 substituted "section 3628"

for "section 3268".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3662 of this title.

-End-

-CITE-

39 USC Sec. 3626 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3626. Reduced rates

-STATUTE-

(a)(1) Except as otherwise provided in this section, rates of

postage for a class of mail or kind of mailer under former section

4358, 4452(b), 4452(c), 4554(b), or 4554(c) of this title shall be

established in accordance with the applicable provisions of this

chapter.

(2) For the purpose of this subsection -

(A) the term "costs attributable", as used with respect to a

class of mail or kind of mailer, means the direct and indirect

postal costs attributable to such class of mail or kind of mailer

(excluding any other costs of the Postal Service);

(B) the term "regular-rate category" means any class of mail or

kind of mailer, other than a class or kind referred to in

paragraph (3)(A) or section 2401(c); and

(C) the term "institutional-costs contribution", as used with

respect to a class of mail or kind of mailer, means that portion

of the estimated revenues to the Postal Service from such class

of mail or kind of mailer which remains after subtracting an

amount equal to the estimated costs attributable to such class of

mail or kind of mailer.

(3)(A) Except as provided in paragraph (4) or (5), rates of

postage for a class of mail or kind of mailer under former section

4358 of this title shall be established in a manner such that the

estimated revenues to be received by the Postal Service from such

class of mail or kind of mailer shall be equal to the sum of -

(i) the estimated costs attributable to such class of mail or

kind of mailer; and

(ii) the product derived by multiplying the estimated costs

referred to in clause (i) by the applicable percentage under

subparagraph (B).

(B) The applicable percentage for any class of mail or kind of

mailer referred to in subparagraph (A) shall be the product derived

by multiplying -

(i) the percentage which, for the most closely corresponding

regular-rate category, the institutional-costs contribution for

such category represents relative to the estimated costs

attributable to such category of mail, times

(ii)(I) one-twelfth, for fiscal year 1994;

(II) one-sixth, for fiscal year 1995;

(III) one-fourth, for fiscal year 1996;

(IV) one-third, for fiscal year 1997;

(V) five-twelfths, for fiscal year 1998; and

(VI) one-half, for any fiscal year after fiscal year 1998.

(C) Temporary special authority to permit the timely

implementation of the preceding provisions of this paragraph is

provided under section 3642.

(D) For purposes of establishing rates of postage under this

subchapter for any of the classes of mail or kinds of mailers

referred to in subparagraph (A), subclauses (I) through (V) of

subparagraph (B)(ii) shall be deemed amended by striking the

fraction specified in each such subclause and inserting "one-half".

(4)(A) Except as specified in subparagraph (B), rates of postage

for a class of mail or kind of mailer under former section 4358 (d)

or (e) of this title shall be established so that postage on each

mailing of such mail shall be as nearly as practicable 5 percent

lower than the postage for a corresponding regular-rate category

mailing.

(B) With respect to the postage for the advertising pound portion

of any mail matter under former section 4358 (d) or (e) of this

title, the 5-percent discount specified in subparagraph (A) shall

not apply if the advertising portion exceeds 10 percent of the

publication involved.

(5) The rates for any advertising under former section 4358(f) of

this title shall be equal to 75 percent of the rates for

advertising contained in the most closely corresponding

regular-rate category of mail.

(6) The rates for mail matter under former sections 4452 (b) and

(c) of this title shall be established as follows:

(A) The estimated average revenue per piece to be received by

the Postal Service from each subclass of mail under former

sections 4452 (b) and (c) of this title shall be equal, as nearly

as practicable, to 60 percent of the estimated average revenue

per piece to be received from the most closely corresponding

regular-rate subclass of mail.

(B) For purposes of subparagraph (A), the estimated average

revenue per piece of each regular-rate subclass shall be

calculated on the basis of expected volumes and mix of mail for

such subclass at current rates in the test year of the

proceeding.

(C) Rate differentials within each subclass of mail matter

under former sections 4452 (b) and (c) shall reflect the policies

of this title, including the factors set forth in section 3622(b)

of this title.

(7) The rates for mail matter under former sections 4554 (b) and

(c) of this title shall be established so that postage on each

mailing of such mail shall be as nearly as practicable 5 percent

lower than the postage for a corresponding regular-rate mailing.

(b)(1) For the purposes of this title, the term "periodical

publications", as used in former section 4351 of this title,

includes (A) any catalog or other course listing, including mail

announcements of legal texts which are part of post-bar admission

education issued by any institution of higher education or by a

nonprofit organization engaged in continuing legal education; and

(B) any looseleaf page or report (including any index, instruction

for filing, table, or sectional identifier which is an integral

part of such report) which is designed as part of a looseleaf

reporting service concerning developments in the law or public

policy.

(2) Any material described in paragraph (1) of this subsection

shall qualify to be entered and mailed as second class mail in

accordance with the applicable provisions of former section 4352

through former section 4357 of this title.

(3) For purposes of this subsection, the term "institution of

higher education" has the meaning given it by section 101 of the

Higher Education Act of 1965, and includes a nonprofit organization

that coordinates a network of college-level courses that is

sponsored primarily by nonprofit educational institutions for an

older adult constituency.

(c) In the administration of this section, one conservation

publication published by an agency of a State which is responsible

for management and conservation of the fish or wildlife resources

of such State shall be considered a publication of a qualified

nonprofit organization which qualifies for rates of postage under

former section 4358(d) of this title.

(d)(1) For purposes of this title, the term "agricultural", as

used in former sections 4358(j)(2), 4452(d), and 4554(b)(1)(B) of

this title, includes the art or science of cultivating land,

harvesting crops or marine resources, or raising of livestock.

(2) In the administration of this section, and for purposes of

former sections 4358(j)(2), 4452(d), and 4554(b)(1)(B) of this

title, agricultural organizations or associations shall include any

organization or association which collects and disseminates

information or materials relating to agricultural pursuits.

(e)(1) In the administration of this section, the rates for

third-class mail matter mailed by a qualified political committee

shall be the rates currently in effect under former section 4452 of

this title for third-class mail matter mailed by a qualified

nonprofit organization.

(2) For purposes of this subsection -

(A) the term "qualified political committee" means a national

or State committee of a political party, the Republican and

Democratic Senatorial Campaign Committees, the Democratic

National Congressional Committee, and the National Republican

Congressional Committee;

(B) the term "national committee" means the organization which,

by virtue of the bylaws of a political party, is responsible for

the day-to-day operation of such political party at the national

level; and

(C) the term "State committee" means the organization which, by

virtue of the bylaws of a political party, is responsible for the

day-to-day operation of such political party at the State level.

(f) In the administration of this chapter, the rates for mail

under former section 4358(g) of this title shall be established

without regard to either the provisions of such former section

4358(g) or the provisions of this section.

(g)(1) In the administration of this section, the rates for mail

under subsections (a), (b), and (c) of former section 4358 of this

title shall not apply to an issue of a publication if the number of

copies of such issue distributed within the county of publication

is less than the number equal to the sum of 50 percent of the total

paid circulation of such issue plus one.

(2) Paragraph (1) of this subsection shall not apply to an issue

of a publication if the total paid circulation of such issue is

less than 10,000 copies.

(h) In the administration of this section, the number of copies

of a subscription publication mailed to nonsubscribers during a

calendar year at rates under subsections (a), (b), and (c) of

former section 4358 of this title may not exceed 10 percent of the

number of copies of such publication mailed at such rates to

subscribers.

[(i) Repealed. Pub. L. 103-123, title VII, Sec. 704(a)(3)(A),

Oct. 28, 1993, 107 Stat. 1269.]

(j)(1) In the administration of this section, the rates for mail

under former section 4452(b) or 4452(c) of this title shall not

apply to mail which advertises, promotes, offers, or, for a fee or

consideration, recommends, describes, or announces the availability

of -

(A) any credit, debit, or charge card, or similar financial

instrument or account, provided by or through an arrangement with

any person or organization not authorized to mail at the rates

for mail under former section 4452(b) or 4452(c) of this title;

(B) any insurance policy, unless the organization which

promotes the purchase of such policy is authorized to mail at the

rates for mail under former section 4452(b) or 4452(c) of this

title, the policy is designed for and primarily promoted to the

members, donors, supporters, or beneficiaries of the

organization, and the coverage provided by the policy is not

generally otherwise commercially available;

(C) any travel arrangement, unless the organization which

promotes the arrangement is authorized to mail at the rates for

mail under former section 4452(b) or 4452(c) of this title, the

travel contributes substantially (aside from the cultivation of

members, donors, or supporters, or the acquisition of income or

funds) to one or more of the purposes which constitutes the basis

for the organization's authorization to mail at such rates, and

the arrangement is designed for and primarily promoted to the

members, donors, supporters, or beneficiaries of the

organization; or

(D) any product or service (other than any to which

subparagraph (A), (B), or (C) relates), if -

(i) the sale of such product or the providing of such service

is not substantially related (aside from the need, on the part

of the organization promoting such product or service, for

income or funds or the use it makes of the profits derived) to

the exercise or performance by the organization of one or more

of the purposes constituting the basis for the organization's

authorization to mail at such rates; or

(ii) the mail matter involved is part of a cooperative

mailing (as defined under regulations of the Postal Service)

with any person or organization not authorized to mail at the

rates for mail under former section 4452(b) or 4452(c) of this

title;

except that -

(I) any determination under clause (i) that a product or

service is not substantially related to a particular purpose

shall be made under regulations which shall be prescribed by

the Postal Service and which shall be consistent with standards

established by the Internal Revenue Service and the courts with

respect to subsections (a) and (c) of section 513 of the

Internal Revenue Code of 1986; and

(II) clause (i) shall not apply if the product involved is a

periodical publication described in subsection (m)(2)

(including a subscription to receive any such publication); and

(III) clause (i) shall not apply to space advertising in mail

matter that otherwise qualifies for rates under former section

4452(b) or 4452(c) of this title, and satisfies the content

requirements established by the Postal Service for periodical

publications: Provided, That such changes in law shall take

effect immediately and shall stay in effect hereafter unless

the Congress enacts legislation on this matter prior to October

1, 1995.

(2) Matter shall not be excluded from being mail at the rates for

mail under former section 4452(b) or 4452(c) of this title, by an

organization authorized to mail at those rates solely because -

(A) such matter contains, but is not primarily devoted to,

acknowledgements of organizations or individuals who have made

donations to the authorized organization; or

(B) such matter contains, but is not primarily devoted to,

references to and a response card or other instructions for

making inquiries concerning services or benefits available as a

result of membership in the authorized organization: Provided,

That advertising, promotional, or application materials

specifically concerning such services or benefits are not

included.

(3)(A) Upon request, an organization authorized to mail at the

rates for mail under former section 4452(b) or 4452(c) of this

title shall furnish evidence to the Postal Service concerning the

eligibility of any of its mail matter or mailings to be sent at

those rates.

(B) The Postal Service shall establish procedures to carry out

this paragraph, including procedures for mailer certification of

compliance with the conditions specified in paragraph (1)(D) or

subsection (m), as applicable, and verification of such compliance.

(k)(1) No person or organization shall mail, or cause to be

mailed by contractual agreement or otherwise, at the rates for mail

under former section 4452(b) or 4452(c) of this title, any matter

to which those rates do not apply.

(2) The Postal Service may assess a postage deficiency in the

amount of the unpaid postage against any person or organization

which violates paragraph (1) of this subsection. This assessment

shall be deemed the final decision of the Postal Service, unless

the party against whom the deficiency is assessed appeals it in

writing within thirty days to the postmaster of the office where

the mailing was entered. Such an appeal shall be considered by an

official designated by the Postal Service, other than the

postmaster of the office where the mailing was entered, who shall

issue a decision as soon as practicable. This decision shall be

deemed final unless the party against whom the deficiency was

assessed appeals it in writing within thirty days to a further

reviewing official designated by the Postal Service, who shall

issue the final decision on the matter.

(3) The Postal Service shall maintain procedures for the prompt

collection of postage deficiencies arising from the violation of

paragraph (1) of this subsection, and may in its discretion, follow

the issuance of a final decision regarding a deficiency under

paragraph (2) of this subsection deduct the amount of that

deficiency incurred during the previous 12 months from any postage

accounts or other monies of the violator in its possession.

(l) In the administration of this section, the term

"advertising", as used in former section 4358(j)(2) of this title,

does not include the publisher's own advertising in a publication

published by the official highway or development agency of a State.

(m)(1) In the administration of this section, the rates for mail

under former section 4452(b) or 4452(c) of this title shall not

apply to mail consisting of products, unless such products -

(A) were received by the organization as gifts or

contributions; or

(B) are low cost articles (as defined by section 513(h)(2) of

the Internal Revenue Code of 1986).

(2) Paragraph (1) shall not apply with respect to a periodical

publication of a qualified nonprofit organization.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 762; Pub. L. 93-328, Sec.

1, June 30, 1974, 88 Stat. 287; Pub. L. 94-421, Sec. 11, Sept. 24,

1976, 90 Stat. 1311; Pub. L. 95-593, Sec. 11(c), Nov. 4, 1978, 92

Stat. 2538; Pub. L. 99-272, title XV, Secs. 15102(b)(1), (c),

15104, 15105, Apr. 7, 1986, 100 Stat. 330, 331; Pub. L. 99-509,

title VI, Sec. 6003(a), Oct. 21, 1986, 100 Stat. 1933; Pub. L.

101-509, title II, Secs. 1(a), 3, Nov. 5, 1990, 104 Stat. 1397,

1399; Pub. L. 102-141, title II, Oct. 28, 1991, 105 Stat. 842, 843;

Pub. L. 103-123, title VII, Secs. 704(a)(1), (3)(A), 705(a)-(c),

708(e), Oct. 28, 1993, 107 Stat. 1267, 1269, 1271, 1273; Pub. L.

103-329, title VI, Sec. 639, Sept. 30, 1994, 108 Stat. 2432; Pub.

L. 104-255, Sec. 2, Oct. 9, 1996, 110 Stat. 3169; Pub. L. 105-244,

title I, Sec. 102(a)(12), Oct. 7, 1998, 112 Stat. 1620; Pub. L.

106-384, Secs. 1(b)-(e), 2(b), Oct. 27, 2000, 114 Stat. 1460-1462.)

-REFTEXT-

REFERENCES IN TEXT

Former sections 4351 to 4358, 4452, and 4554 of this title,

referred to in subsecs. (a)-(e)(1), (f), (g)(1), (h), and (j) to

(m), mean the aforesaid sections which were classified to former

Title 39, The Postal Service, prior to the general revision and

reenactment of Title 39 by Pub. L. 91-375, Aug. 12, 1970, 84 Stat.

719.

Section 101 of the Higher Education Act of 1965, referred to in

subsec. (b)(3), is classified to section 1001 of Title 20,

Education.

Section 513 of the Internal Revenue Code of 1986, referred to in

subsecs. (j)(1)(D)(I) and (m)(1)(B), is classified to section 513

of Title 26, Internal Revenue Code.

The phrase "shall take effect immediately and shall stay in

effect hereafter", referred to in subsec. (j)(1)(D)(III), probably

means that the provision shall take effect Sept. 30, 1994, the date

of enactment of Pub. L. 103-329, which enacted subsec.

(j)(1)(D)(III), and shall stay in effect after that date.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-384, Sec. 2(b), substituted

"4554(b), or 4554(c)" for "4454(b), or 4454(c)".

Subsec. (a)(3)(A). Pub. L. 106-384, Sec. 1(b), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

"Except as provided in paragraph (4) or (5), rates of postage for a

class of mail or kind of mailer under former section 4358, 4452(b),

4452(c), 4554(b), or 4554(c) of this title shall be established in

a manner such that the estimated revenues to be received by the

Postal Service from such class of mail or kind of mailer shall be

equal to the sum of -

"(i) the estimated costs attributable to such class of mail or

kind of mailer; and

"(ii) the product derived by multiplying the estimated costs

referred to in clause (i) by the applicable percentage under

subparagraph (B)."

Subsec. (a)(4). Pub. L. 106-384, Sec. 1(c), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "The rates

for the advertising portion of any mail matter under former section

4358(d) or 4358(e) of this title shall be equal to the rates for

the advertising portion of the most closely corresponding

regular-rate category of mail, except that if the advertising

portion does not exceed 10 percent of the issue of the publication

involved, the advertising portion shall be subject to the same

rates as apply to the nonadvertising portion."

Subsec. (a)(6). Pub. L. 106-384, Sec. 1(d), added par. (6).

Subsec. (a)(7). Pub. L. 106-384, Sec. 1(e), added par. (7).

1998 - Subsec. (b)(3). Pub. L. 105-244 substituted "section 101"

for "section 1201(a)" and struck out "(20 U.S.C. 1141(a))" after

"Act of 1965".

1996 - Subsec. (b)(3). Pub. L. 104-255 inserted before period ",

and includes a nonprofit organization that coordinates a network of

college-level courses that is sponsored primarily by nonprofit

educational institutions for an older adult constituency".

1994 - Subsec. (j)(1)(D)(III). Pub. L. 103-329 added cl. (III).

1993 - Subsec. (a). Pub. L. 103-123, Sec. 704(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows:

"(1) Except as provided in paragraph (2) of this subsection,

rates of postage for a class of mail or kind of mailer under former

section 4358, 4452(b), 4452(c), 4554(b), or 4554(c) of this title

shall be established in accordance with applicable provisions of

this chapter.

"(2) Rates of postage for a class of mail or kind of mailer

referred to in paragraph (1) of this subsection shall be

established in accordance with the requirement that the direct and

indirect postal costs attributable to such class of mail or kind of

mailer (excluding any other costs of the Postal Service) shall be

borne by such class of mail or kind of mailer, as the case may be:

Provided, however, That with respect to mail under former section

4452(b) and 4452(c) of this title the preceding limitation shall

apply only to rates of postage for letter shaped pieces, as such

pieces are defined in the associated classification and rate

schedules."

Subsec. (i). Pub. L. 103-123, Sec. 704(a)(3)(A), struck out

subsec. (i) which defined "reduced-rate category" and "regular-rate

category" and provided method for determining costs recovered by

revenues plus appropriations for reduced-rate categories and for

the purpose of distinguishing costs recovered from regular-rate

categories and reduced-rate categories and determining

appropriation requests relating to reduced-rate categories.

Subsec. (j)(1)(D). Pub. L. 103-123, Sec. 705(a), added subpar.

(D).

Subsec. (j)(3). Pub. L. 103-123, Sec. 705(c), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (k), (l). Pub. L. 103-123, Sec. 708(e), redesignated

subsec. (k), defining "advertising", as (l).

Subsec. (m). Pub. L. 103-123, Sec. 705(b), added subsec. (m).

1991 - Subsec. (a)(2). Pub. L. 102-141 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "Rates of

postage for a class of mail or kind of mailer referred to in

paragraph (1) of this subsection shall be established in accordance

with the requirement that the direct and indirect postal costs

attributable to such class of mail or kind of mailer (excluding any

other costs of the Postal Service) shall be borne by such class of

mail or kind of mailer, as the case may be."

Subsec. (i)(2). Pub. L. 102-141 inserted "Subject to the

requirements of section 2401(c) of this title and paragraph (a)(2)

of this section with respect to mail under former sections 4452(b)

and 4452(c) of this title," before "This subsection".

1990 - Subsec. (j). Pub. L. 101-509, Sec. 1(a), added subsec.

(j).

Subsec. (k). Pub. L. 101-509, Sec. 3, added subsec. (k) defining

"advertising".

Pub. L. 101-509, Sec. 1(a), added subsec. (k) relating to mailing

of matter at inapplicable rates.

1986 - Subsec. (a). Pub. L. 99-272, Sec. 15102(b)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "If the rates of postage for any class of mail or kind of

mailer under former sections 4358, 4359, 4421, 4422, 4452, or 4554

of this title, as such rates existed on the effective date of this

subchapter, are, on the effective date of the first rate decision

under this subchapter affecting that class or kind, less than the

rates established by such decision, a separate rate schedule shall

be adopted for that class or kind effective each time rates are

established or changed under this subchapter, with annual increases

as nearly equal as practicable, so that -

"(1) the revenues received from rates for mail under former

sections 4358, 4452(b) and (c), 4554(b) and (c) shall not, on and

after the first day of the sixteenth year following the effective

date of the first rate decision applicable to that class or kind,

exceed the direct and indirect postal costs attributable to mail

of such class or kind (excluding all other costs of the Postal

Service);

"(2) the rates for mail under former sections 4359, 4421, 4422,

and 4554(a) shall be equal, on and after the first day of the

eighth year following the effective date of the first rate

decision applicable to that class or kind, to the rates that

would have been in effect for such mail if this subparagraph had

not been enacted; and

"(3) the rates for mail under former section 4452(a) shall be

equal, on and after the first day of the fifth year following the

effective date of the first rate decision applicable to that

class or kind, to the rates that would have been in effect for

such mail if this subparagraph had not been enacted.

No person who would have been entitled to mail matter under former

section 4359 of this title shall mail such matter at the rates

provided under this subsection unless he files annually with the

Postal Service a written request for permission to mail matter at

such rates."

Subsec. (f). Pub. L. 99-272, Sec. 15102(c), added subsec. (f).

Subsec. (g). Pub. L. 99-272, Sec. 15104, added subsec. (g).

Subsec. (h). Pub. L. 99-272, Sec. 15105, added subsec. (h).

Subsec. (i). Pub. L. 99-509 added subsec. (i).

1978 - Subsec. (e). Pub. L. 95-593 added subsec. (e).

1976 - Pub. L. 94-421 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

1974 - Pub. L. 93-328 substituted "sixteenth" for "tenth" year in

subpar. (1), substituted "under former sections" for "under

sections", "eighth" for "fifth" year, and "subparagraph" for

"subsection" and struck out reference to section "4452(a)" after

"4422," in subpar. (2), and added subpar. (3).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 704(c)(1) of Pub. L. 103-123 provided that: "The

amendments made by subsection (a) [enacting section 3642 of this

title and amending this section and section 3627 of this title]

shall apply with respect to rates for mail sent after September 30,

1993."

Section 705(d) of Pub. L. 103-123 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to mail sent, and the rates for mail sent, after December

31, 1993."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 1(a) of Pub. L. 101-509 effective 90 days

after Nov. 5, 1990, see section 1(c) of Pub. L. 101-509, set out as

a note under section 2401 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 6003(c) of Pub. L. 99-509 provided that: "The amendments

made by this section [amending this section and section 2401 of

this title] shall take effect on January 1, 1989, or on the

effective date of the next general change in rates and fees under

sections 3622 and 3625 of title 39, United States Code [Apr. 3,

1988, see 53 F.R. 10014], whichever is sooner."

Section 15102(b)(2) of Pub. L. 99-272 provided that: "The

amendment made by this subsection [amending this section] shall

apply with respect to rates of postage taking effect after December

31, 1985."

RELIEF OF CERTAIN PERIODICAL PUBLICATIONS

Pub. L. 104-52, title V, Sec. 527, Nov. 19, 1995, 109 Stat. 496,

provided that: "For mail classification purposes under section 3626

of title 39, United States Code, and any regulations of the United

States Postal Service for the administration of that section, a

weekly second-class periodical publication which -

"(i) is eligible to publish legal notices under any applicable

laws of the State where it is published;

"(ii) is eligible to be mailed at the rates for mail under

former subsection 4358(a), (b), and (c) of title 39, United

States Code, as limited by current subsection 3626(g) of that

title; and

"(iii) the pages of which were customarily secured by 2 staples

before March 19, 1989;

shall not be considered to be a bound publication solely because

its pages continue to be secured by 2 staples after that date."

FORBEARANCE REGARDING CERTAIN POSTAGE DEFICIENCIES

Section 2 of Pub. L. 101-509 provided that:

"(a) In General. - The United States Postal Service may forbear

from the collection of any postage deficiency assessed against an

organization authorized to mail at the rates for mail under former

section 4452(b) or 4452(c) of title 39, United States Code, if the

assessment of that deficiency arises from a violation of the

cooperative mailing regulations of the Postal Service set forth at

section 625.5 of the Domestic Mail Manual, and the Postal Service

has made no determination that the organization knowingly or

willfully violated such regulations. If any organizations

authorized to mail at the rates for mail under former section

4452(b) or 4452(c) of title 39, United States Code, has paid on its

own behalf all or part of a postage deficiency which the Postal

Service would forbear from collecting under this section, the

Postal Service may refund to that organization the amount which it

has paid.

"(b) Effective Date and Applicability. - The provisions of this

section shall become effective on the date of enactment of this Act

[Nov. 5, 1990], and shall apply to mailings which were sent on or

between July 1, 1986, and the effective date of this section."

CONSTRUCTION RESPECTING POSTAGE RATES REDUCTION UNAUTHORIZED

Section 2 of Pub. L. 93-328 provided that: "Nothing in section 1

of this Act [amending this section] shall be construed to authorize

a reduction in any rate of postage in effect and being paid on the

date of enactment of this Act [June 30, 1974]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3629, 3642 of this

title.

-End-

-CITE-

39 USC Sec. 3627 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3627. Adjusting free rates

-STATUTE-

If Congress fails to appropriate an amount authorized under

section 2401(c) of this title for any class of mail sent free of

postage under section 3217 or 3403-3406 (!1) the rate for that

class may be adjusted in accordance with the provisions of this

subchapter so that the increased revenues received from the users

of such class will equal the amount for that class that the

Congress was to appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 95-593, Sec.

11(b), Nov. 4, 1978, 92 Stat. 2538; Pub. L. 99-410, title II, Sec.

201(b)(3), Aug. 28, 1986, 100 Stat. 928; Pub. L. 103-31, Sec.

8(h)(3), May 20, 1993, 107 Stat. 86; Pub. L. 103-123, title VII,

Sec. 704(a)(3)(B)(i), Oct. 28, 1993, 107 Stat. 1269.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-123 substituted "free rates" for "free and

reduced rates" in section catchline and "sent free of postage under

section 3217 or 3403-3406" for "sent at a free or reduced rate

under section 3217, 3403-3406, 3626, or 3629 of this title," in

text.

Pub. L. 103-31 substituted "3626, or 3629 of this title" for "or

3626 of this title,".

1986 - Pub. L. 99-410 substituted "3406" for "3405" and struck

out "under the Federal Voting Assistance Act of 1955, or under the

Overseas Citizens Voting Rights Act of 1975" after "3626 of this

title,".

1978 - Pub. L. 95-593 inserted provisions relating to

applicability of Overseas Citizens Voting Rights Act of 1975.

EFFECTIVE DATE OF 1993 AMENDMENTS

Amendment by Pub. L. 103-123 applicable with respect to rates for

mail sent after Sept. 30, 1993, see section 704(c)(1) of Pub. L.

103-123, set out as a note under section 3626 of this title.

Amendment by Pub. L. 103-31 effective (1) with respect to a State

that, on May 20, 1993, has a provision in the constitution of the

State that would preclude compliance with section 1973gg et seq. of

Title 42, The Public Health and Welfare, unless the State

maintained separate Federal and State official lists of eligible

voters, on the later of Jan. 1, 1996, or the date that is 120 days

after the date by which, under the constitution of the State as in

effect on May 20, 1993, it would be legally possible to adopt and

place into effect any amendments to the constitution of the State

that are necessary to permit compliance with section 1973gg et seq.

of Title 42 without requiring a special election, and (2) with

respect to a State not described above, on Jan. 1, 1995, see

section 13 of Pub. L. 103-31, set out as an Effective Date note

under section 1973gg of Title 42.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-410 applicable with respect to elections

taking place after Dec. 31, 1987, see section 204 of Pub. L.

99-410, set out as an Effective Date note under section 1973ff of

Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3684 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "of this

title,".

-End-

-CITE-

39 USC Sec. 3628 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3628. Appellate review

-STATUTE-

A decision of the Governors to approve, allow under protest, or

modify the recommended decision of the Postal Rate Commission may

be appealed to any court of appeals of the United States, within 15

days after its publication by the Public Printer, by an aggrieved

party who appeared in the proceedings under section 3624(a) of this

title. The court shall review the decision, in accordance with

section 706 of title 5, and chapter 158 and section 2112 of title

28, except as otherwise provided in this section, on the basis of

the record before the Commission and the Governors. The court may

affirm the decision or order that the entire matter be returned for

further consideration, but the court may not modify the decision.

The court may not suspend the effectiveness of the changes, or

otherwise prevent them from taking effect until final disposition

of the suit by the court. No court shall have jurisdiction to

review a decision made by the Commission or Governors under this

chapter except as provided in this section.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 98-620, title

IV, Sec. 402(37), Nov. 8, 1984, 98 Stat. 3360.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 struck out provision which required the

court to make the matter a preferred cause and to expedite judgment

in every way.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as a note

under section 1657 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3625, 3641, 3662, 3681 of

this title.

-End-

-CITE-

39 USC Sec. 3629 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER II - PERMANENT RATES AND CLASSES OF MAIL

-HEAD-

Sec. 3629. Reduced rates for voter registration purposes

-STATUTE-

The Postal Service shall make available to a State or local

voting registration official the rate for any class of mail that is

available to a qualified nonprofit organization under section 3626

for the purpose of making a mailing that the official certifies is

required or authorized by the National Voter Registration Act of

1993.

-SOURCE-

(Added Pub. L. 103-31, Sec. 8(h)(1), May 20, 1993, 107 Stat. 86.)

-REFTEXT-

REFERENCES IN TEXT

The National Voter Registration Act of 1993, referred to in text,

is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as amended, which is

classified principally to subchapter I-H (Sec. 1973gg et seq.) of

chapter 20 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 1971 of Title 42 and Tables.

-MISC1-

EFFECTIVE DATE

Section effective (1) with respect to a State that, on May 20,

1993, has a provision in the constitution of the State that would

preclude compliance with section 1973gg et seq. of Title 42, The

Public Health and Welfare, unless the State maintained separate

Federal and State official lists of eligible voters, on the later

of Jan. 1, 1996, or the date that is 120 days after the date by

which, under the constitution of the State as in effect on May 20,

1993, it would be legally possible to adopt and place into effect

any amendments to the constitution of the State that are necessary

to permit compliance with section 1973gg et seq. of Title 42

without requiring a special election, and (2) with respect to a

State not described above, on Jan. 1, 1995, see section 13 of Pub.

L. 103-31, set out as a note under section 1973gg of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2401, 3627 of this title.

-End-

-CITE-

39 USC SUBCHAPTER III - TEMPORARY RATES AND CLASSES 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER III - TEMPORARY RATES AND CLASSES

-HEAD-

SUBCHAPTER III - TEMPORARY RATES AND CLASSES

-End-

-CITE-

39 USC Sec. 3641 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER III - TEMPORARY RATES AND CLASSES

-HEAD-

Sec. 3641. Temporary changes in rates and classes

-STATUTE-

(a) In any case in which the Postal Rate Commission fails to

transmit a recommended decision on a change in rates of postage or

in fees for postal services to the Governors in accordance with

section 3624(c) of this title, the Postal Service may establish

temporary changes in rates of postage and in fees for postal

services in accordance with the proposed changes under

consideration by the Commission. Such temporary changes may take

effect upon such date as the Postal Service may determine, except

that such temporary changes may take effect only after 10 days'

notice in the Federal Register.

(b) Any temporary rate or fee established by the Postal Service

under subsection (a) of this section shall be in accordance with

the policies of this title and shall not exceed such amount as may

be necessary for sufficient revenues to assure that the total

estimated income, including appropriations, of the Postal Service

shall, to the extent practicable, be equal to the total estimated

costs of the Postal Service.

(c) Notwithstanding the provisions of subsection (b) of this

section, the Postal Service may not establish any temporary rate

for a class of mail or any temporary fee for a postal service which

is more than the permanent rate or fee requested for such class or

postal service by the Postal Service under section 3622 of this

title.

(d) Any temporary change in rates of postage or in fees for

postal services made by the Postal Service under this section shall

remain in effect no longer than 150 days after the date on which

the Commission transmits its recommended decision to the Governors

under section 3624(d) of this title, unless such temporary change

is terminated by the Governors before the expiration of such

period.

(e) If the Postal Rate Commission does not transmit to the

Governors within 90 days after the Postal Service has submitted, or

within 30 days after the Postal Service has resubmitted, to the

Commission a request for a recommended decision on a change in the

mail classification schedule (after such schedule is established

under section 3623 of this title), the Postal Service, upon 10

days' notice in the Federal Register, may place into effect

temporary changes in the mail classification schedule in accordance

with proposed changes under consideration by the Commission. Any

temporary change shall be effective for a period ending not later

than 30 days after the Commission has transmitted its recommended

decision to the Governors.

(f) If, under section 3628 of this title, a court orders a matter

returned to the Commission for further consideration, the Postal

Service, with the consent of the Commission, may place into effect

temporary changes in rates of postage, and fees for postal

services, or in the mail classification schedule.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 94-421, Sec.

6(a), Sept. 24, 1976, 90 Stat. 1306.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-421 added subsec. (a). Former

subsec. (a) redesignated (e) and amended.

Subsec. (b). Pub. L. 94-421 added subsec. (b). Former subsec. (b)

redesignated (f).

Subsec. (c). Pub. L. 94-421 substituted provision limiting the

temporary rate increase to an amount no greater than the permanent

fee requested for that class or service, for provision which

limited a temporary increase to the lesser of either the rate or

fee requested or an amount more than one-third greater than the

permanent fee in effect for that class or service at the time a

permanent change is requested.

Subsec. (d). Pub. L. 94-421 added subsec. (d).

Subsec. (e). Pub. L. 94-421 redesignated former subsec. (a) as

(e) and struck out reference to requests for decisions on change in

the rates of postage or fees for postal service.

Subsec. (f). Pub. L. 94-421 redesignated former subsec. (b) as

(f).

EFFECTIVE DATE

Section effective Jan. 20, 1971, pursuant to Resolution No. 71-10

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.

RATE CHANGE REQUEST MADE ON SEPTEMBER 18, 1975, OR UNDER DOCKET

NUMBER R76-1

Section 6(b)(1) of Pub. L. 94-421 provided that: "The amendment

made by subsection (a) of this section [amending this section]

shall not apply to any action or proceeding with respect to the

recommended decision of the Postal Rate Commission relating to

proposed changes in rates of postage and in fees for postal

services requested on September 18, 1975, by the United States

Postal Service in a request which bears, or which at any time has

been included under, Postal Rate Commission Docket Number R76-1."

APPLICABILITY OF FORMER PROVISIONS OF SECTION TO RATE CHANGE

REQUEST MADE ON SEPTEMBER 18, 1975, UNDER DOCKET NUMBER R76-1

Section 6(b)(2) of Pub. L. 94-421 provided that: "The provisions

of section 3641 of title 39, United States Code, as such provisions

were in effect on the day before the date of the enactment of this

Act [Sept. 24, 1976], shall apply to any temporary rate or fee

established by the Postal Service pursuant to its request to the

Postal Rate Commission, dated September 18, 1975, for a recommended

decision, bearing Docket Number R76-1."

-End-

-CITE-

39 USC Sec. 3642 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER III - TEMPORARY RATES AND CLASSES

-HEAD-

Sec. 3642. Special authority relating to reduced-rate categories of

mail

-STATUTE-

(a) In order to permit the timely implementation of section

3626(a)(3), the Postal Service may establish temporary rates of

postage for any class of mail or kind of mailer referred to in

section 3626(a)(3)(A).

(b) Any exercise of authority under this section shall be in

conformance with the requirements of section 3626(a), subject to

the following:

(1) All attributable costs and institutional-costs

contributions assumed shall be the same as those which were

assumed for purposes of the then most recent proceedings under

subchapter II pursuant to which rates of postage for the class of

mail or kind of mailer involved were last adjusted.

(2) Any temporary rate established under this section shall

take effect upon such date as the Postal Service may determine,

except that -

(A) such a rate may take effect only after 10 days' notice in

the Federal Register; and

(B) no such rate may take effect after September 30, 1998.

(3) A temporary rate under this section may remain in effect no

longer than the last day of the fiscal year in which it first

takes effect.

(4) Authority under this section may not be exercised in a

manner that would result in more than 1 change taking effect

under this section, during the same fiscal year, in the rates of

postage for a particular class of mail or kind of mailer, except

as provided in paragraph (5).

(5) Nothing in paragraph (4) shall prevent an adjustment under

this section in rates for a class of mail or kind of mailer with

respect to which any rates took effect under this section earlier

in the same fiscal year if -

(A) the rates established for such class of mail or kind of

mailer by the earlier adjustment are superseded by new rates

established under subchapter II; and

(B) authority under this paragraph has not previously been

exercised with respect to such class of mail or kind of mailer

based on the new rates referred to in subparagraph (A).

(c) The Postal Service may prescribe any regulations which may be

necessary to carry out this section, including provisions governing

the coordination of adjustments under this section with any other

adjustments under this title.

(d) Notwithstanding any provision of section 3626(a)(3)(B) or

subsection (a) of this section, any temporary rates established

under this section for non-letter-shaped mail under former section

4452(b) or 4452(c) of this title shall not be lower than the rates

in effect for such mail on September 30, 1993.

-SOURCE-

(Added Pub. L. 103-123, title VII, Sec. 704(a)(2), Oct. 28, 1993,

107 Stat. 1268.)

-REFTEXT-

REFERENCES IN TEXT

Former section 4452 of this title, referred to in subsec. (d),

means section 4452 of former Title 39, The Postal Service, prior to

the general revision and reenactment of Title 39 by Pub. L. 91-375,

Aug. 12, 1970, 84 Stat. 719.

-MISC1-

EFFECTIVE DATE

Section applicable with respect to rates for mail sent after

Sept. 30, 1993, see section 704(c)(1) of Pub. L. 103-123, set out

as an Effective Date of 1993 Amendment note under section 3626 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3626 of this title.

-End-

-CITE-

39 USC SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

-HEAD-

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

-End-

-CITE-

39 USC Sec. 3661 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

-HEAD-

Sec. 3661. Postal services

-STATUTE-

(a) The Postal Service shall develop and promote adequate and

efficient postal services.

(b) When the Postal Service determines that there should be a

change in the nature of postal services which will generally affect

service on a nationwide or substantially nationwide basis, it shall

submit a proposal, within a reasonable time prior to the effective

date of such proposal, to the Postal Rate Commission requesting an

advisory opinion on the change.

(c) The Commission shall not issue its opinion on any proposal

until an opportunity for hearing on the record under sections 556

and 557 of title 5 has been accorded to the Postal Service, users

of the mail, and an officer of the Commission who shall be required

to represent the interests of the general public. The opinion shall

be in writing and shall include a certification by each

Commissioner agreeing with the opinion that in his judgment the

opinion conforms to the policies established under this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 764.)

-MISC1-

EFFECTIVE DATE

Subchapter 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.

COMMISSION ON POSTAL SERVICE

Pub. L. 94-421, Sec. 7, Sept. 24, 1976, 90 Stat. 1307, related to

establishment, appointment and compensation of personnel and

officers of a Commission on Postal Service and its duty to

determine public service aspects of Postal Service and extent to

which public service aspects of Postal Service are to be supported

by appropriations, to study rate making, and to review service

levels and electronic fund transfers and communication techniques,

with appropriate recommendations to be transmitted to President and

Congress on or before Mar. 15, 1977, 60 days after which

transmittal it was to cease to exist.

-End-

-CITE-

39 USC Sec. 3662 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

-HEAD-

Sec. 3662. Rate and service complaints

-STATUTE-

Interested parties who believe the Postal Service is charging

rates which do not conform to the policies set out in this title or

who believe that they are not receiving postal service in

accordance with the policies of this title may lodge a complaint

with the Postal Rate Commission in such form and in such manner as

it may prescribe. The Commission may in its discretion hold

hearings on such complaint. If the Commission, in a matter covered

by subchapter II of this chapter, determines the complaint to be

justified, it shall, after proceedings in conformity with section

3624 of this title, issue a recommended decision which shall be

acted upon in accordance with the provisions of section 3625 of

this title and subject to review in accordance with the provisions

of section 3628 of this title. If a matter not covered by

subchapter II of this chapter is involved, and the Commission after

hearing finds the complaint to be justified, it shall render a

public report thereon to the Postal Service which shall take such

action as it deems appropriate.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 764.)

-End-

-CITE-

39 USC Sec. 3663 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER IV - POSTAL SERVICES AND COMPLAINTS

-HEAD-

Sec. 3663. Annual report on international services

-STATUTE-

(a) Not later than July 1 of each year, the Postal Rate

Commission shall transmit to each House of Congress a comprehensive

report of the costs, revenues, and volumes accrued by the Postal

Service in connection with mail matter conveyed between the United

States and other countries for the previous fiscal year.

(b) Not later than March 15 of each year, the Postal Service

shall provide to the Postal Rate Commission such data as the

Commission may require to prepare the report required under

subsection (a) of this section. Data shall be provided in

sufficient detail to enable the Commission to analyze the costs,

revenues, and volumes for each international mail product or

service, under the methods determined appropriate by the Commission

for the analysis of rates for domestic mail.

-SOURCE-

(Added Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec.

648(a)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-527.)

-End-

-CITE-

39 USC SUBCHAPTER V - GENERAL 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

SUBCHAPTER V - GENERAL

-End-

-CITE-

39 USC Sec. 3681 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

Sec. 3681. Reimbursement

-STATUTE-

No mailer may be reimbursed for any amount paid under any rate or

fee which, after such payment, is determined to have been unlawful

after proceedings in accordance with the provisions of section 3628

of this title, or is superseded by a lower rate or fee established

under subchapter II of this chapter.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 764.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Jan. 20, 1971, pursuant to Resolution No.

71-10 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.

-End-

-CITE-

39 USC Sec. 3682 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

Sec. 3682. Size and weight limits

-STATUTE-

The Postal Service may establish size and weight limitations for

mail matter in the same manner as prescribed for changes in mail

classification under subchapter II of this chapter.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 765; Pub. L. 96-70, title

I, Sec. 1331(e)(4), Sept. 27, 1979, 93 Stat. 482; Pub. L. 97-242,

Sec. 1(a), Aug. 24, 1982, 96 Stat. 300.)

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-242 struck out subsecs. (a) and (b) and

designation "(c)" before "The Postal Service" and in resulting

undesignated paragraph substituted "mail matter" and "mail

classification" for "letter mail" and "classification",

respectively. Former subsecs. (a) and (b) had provided that the

maximum weight of mail other than letter mail was 40 pounds, that

the maximum size was 78 inches in girth and length combined before

July 1, 1971, and 84 inches in girth and length combined on and

after July 1, 1971, and that the maximum size on mail, other than

letter mail, was 100 inches in girth and length combined and the

maximum weight was 70 pounds if the mail (1) was mailed at, or

addressed for delivery at, other than first-class post offices or

on rural or star routes, (2) contained baby fowl, live plants,

trees, shrubs, or agricultural commodities but not the manufactured

products of those commodities, (3) would have been entitled to be

mailed under former section 4554 of this title, (4) was addressed

to or mailed at any Armed Forces post office outside the 50 States,

or (5) was addressed to or mailed in the Commonwealth of Puerto

Rico, the States of Alaska and Hawaii, or a possession of the

United States including the Trust Territory of the Pacific Islands.

1979 - Subsec. (b)(5). Pub. L. 96-70 struck out "the Canal Zone

and" after "United States including".

EFFECTIVE DATE OF 1982 AMENDMENT

Section 1(b) of Pub. L. 97-242 provided that: "The size and

weight limitations for other than letter mail established by

subsections (a) and (b) of section 3682 of title 39, United States

Code, as in effect on the day prior to the effective date of this

section [Aug. 24, 1982], shall remain in effect until changed

pursuant to section 3682 of such title, as amended, by subsection

(a) of this section."

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3684 of this title.

-End-

-CITE-

39 USC Sec. 3683 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

Sec. 3683. Uniform rates for books; films; other materials

-STATUTE-

(a) Notwithstanding any other provision of this title, the rates

of postage established for mail matter enumerated in former section

4554 of this title shall be uniform for such mail of the same

weight, and shall not vary with the distance transported.

(b) The rates of postage under former section 4554(b)(1) of this

title shall not be effective except with respect to mailings which

-

(1) constitute materials specified in former section 4554(b)(2)

of this title; and

(2) are sent between -

(A) an institution, organization, or association listed in

subparagraph (A) or (B) of such former section 4554(b)(1) and

any other such institution, organization, or association;

(B) an institution, organization, or association referred to

in subparagraph (A) and any individual (other than an

individual having a financial interest in the sale, promotion,

or distribution of the materials involved);

(C) an institution, organization, or association referred to

in subparagraph (A) and a qualified nonprofit organization (as

defined in former section 4452(d) of this title) that is not

such an institution, organization, or association; or

(D) an institution, organization, or association referred to

in subparagraph (A) and a publisher, if such institution,

organization, or association has placed an order to purchase

such materials for delivery to such institution, organization,

or association.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 765; Pub. L. 94-421, Sec.

12, Sept. 24, 1976, 90 Stat. 1312; Pub. L. 103-123, title VII, Sec.

706(a), Oct. 28, 1993, 107 Stat. 1272.)

-REFTEXT-

REFERENCES IN TEXT

Former sections 4452 and 4554 of this title, referred to in text,

mean sections 4452 and 4554 of former Title 39, The Postal Service,

prior to the general revision and reenactment of Title 39 by Pub.

L. 91-375, Aug. 12, 1970, 84 Stat. 719.

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-123 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "The

rates for mail matter specified in former section 4554(a)(1) or

4554(b)(2)(A) of this title, when mailed from a publisher or a

distributor to a school, college, university, or library, shall be

the rate currently in effect for such mail matter under the

provisions of former section 4554(b)(1) of this title."

1976 - Pub. L. 94-421 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 706(b) of Pub. L. 103-123 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to mail sent after September 30, 1993."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3684 of this title.

-End-

-CITE-

39 USC Sec. 3684 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

Sec. 3684. Limitations

-STATUTE-

Except as provided in section 3627 of this title, no provision of

this chapter shall be construed to give authority to the Governors

to make any change in any provision of section 3682 or 3683 or

chapter 30, 32, or 34 of this title.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 765; Pub. L. 99-410, title

II, Sec. 201(b)(4), Aug. 28, 1986, 100 Stat. 929.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-410 struck out ", or of the Federal Voting

Assistance Act of 1955" after "or 34 of this title".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-410 applicable with respect to elections

taking place after Dec. 31, 1987, see section 204 of Pub. L.

99-410, set out as an Effective Date note under section 1973ff of

Title 42, The Public Health and Welfare.

-End-

-CITE-

39 USC Sec. 3685 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART IV - MAIL MATTER

CHAPTER 36 - POSTAL RATES, CLASSES, AND SERVICES

SUBCHAPTER V - GENERAL

-HEAD-

Sec. 3685. Filing of information relating to periodical

publications

-STATUTE-

(a) Each owner of a publication having periodical publication

mail privileges shall furnish to the Postal Service at least once a

year, and shall publish in such publication once a year,

information in such form and detail and at such time as the Postal

Service may require with respect to -

(1) the identity of the editor, managing editor, publishers,

and owners;

(2) the identity of the corporation and stockholders thereof,

if the publication is owned by a corporation;

(3) the identity of known bondholders, mortgagees, and other

security holders;

(4) the extent and nature of the circulation of the

publication, including, but not limited to, the number of copies

distributed, the methods of distribution, and the extent to which

such circulation is paid in whole or in part; and

(5) such other information as the Postal Service may deem

necessary to determine whether the publication meets the

standards for periodical publication mail privileges.

The Postal Service shall not require the names of persons owning

less than 1 percent of the total amount of stocks, bonds,

mortgages, or other securities.

(b) Each publication having such mail privileges shall furnish to

the Postal Service information in such form and detail, and at such

times, as the Postal Service requires to determine whether the

publication continues to qualify for such privileges.

(c) The Postal Service shall make appropriate rules and

regulations to carry out the purposes of this section, including

provision for suspension or revocation of periodical publication

mail privileges for failure to furnish the required information.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 765.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 611.

-End-

-CITE-

39 USC PART V - TRANSPORTATION OF MAIL 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART V - TRANSPORTATION OF MAIL

-HEAD-

PART V - TRANSPORTATION OF MAIL

-MISC1-

Chap. Sec.

50. General 5001

52. Transportation of Mail by Surface Carrier 5201

54. Transportation of Mail by Air 5401

56. Transportation of Mail by Vessel 5601

-End-