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39 USC CHAPTER 24 - APPROPRIATIONS AND ANNUAL REPORT 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART III - MODERNIZATION AND FISCAL ADMINISTRATION

CHAPTER 24 - APPROPRIATIONS AND ANNUAL REPORT

-HEAD-

CHAPTER 24 - APPROPRIATIONS AND ANNUAL REPORT

-MISC1-

Sec.

2401. Appropriations.

2402. Annual report.

-End-

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39 USC Sec. 2401 01/06/03

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TITLE 39 - POSTAL SERVICE

PART III - MODERNIZATION AND FISCAL ADMINISTRATION

CHAPTER 24 - APPROPRIATIONS AND ANNUAL REPORT

-HEAD-

Sec. 2401. Appropriations

-STATUTE-

(a) There are appropriated to the Postal Service all revenues

received by the Postal Service.

(b)(1) As reimbursement to the Postal Service for public service

costs incurred by it in providing a maximum degree of effective and

regular postal service nationwide, in communities where post

offices may not be deemed self-sustaining, as elsewhere, there are

authorized to be appropriated to the Postal Service the following

amounts:

(A) for each of the fiscal years 1972 through 1979, an amount

equal to 10 percent of the sum appropriated to the former Post

Office Department by Act of Congress for its use in fiscal year

1971;

(B) for fiscal year 1980, an amount equal to 9 percent of such

sum for fiscal year 1971;

(C) for fiscal year 1981, $486,000,000;

(D) for fiscal year 1982, $250,000,000;

(E) for fiscal year 1983, $100,000,000;

(F) for fiscal year 1984, no funds are authorized to be

appropriated; and

(G) except as provided in paragraph (2) of this subsection, for

each fiscal year thereafter an amount equal to 5 percent of such

sum for fiscal year 1971.

(2) After fiscal year 1984, the Postal Service may reduce the

percentage figure in paragraph (1)(G) of this subsection, including

a reduction to 0, if the Postal Service finds that the amounts

determined under such paragraph are no longer required to operate

the Postal Service in accordance with the policies of this title.

(c) There are authorized to be appropriated to the Postal Service

each year a sum determined by the Postal Service to be equal to the

difference between the revenues the Postal Service would have

received if sections 3217 and 3403 through 3406 had not been

enacted and the estimated revenues to be received on mail carried

under such sections. In requesting an appropriation under this

subsection for a fiscal year, the Postal Service shall include an

amount to reconcile sums authorized to be appropriated for prior

fiscal years on the basis of estimated mail volume.

(d) As reimbursement to the Postal Service for losses which it

incurred as a result of insufficient amounts appropriated under

section 2401(c) for fiscal years 1991 through 1993, and to

compensate for the additional revenues it is estimated the Postal

Service would have received under the provisions of section

3626(a), for the period beginning on October 1, 1993, and ending on

September 30, 1998, if the fraction specified in subclause (VI) of

section 3626(a)(3)(B)(ii) were applied with respect to such period

(instead of the respective fractions specified in subclauses (I)

through (V) thereof), there are authorized to be appropriated to

the Postal Service $29,000,000 for each of fiscal years 1994

through 2035.

(e) The Postal Service shall present to the Committee on

Governmental Affairs of the Senate and the Committee on Post Office

and Civil Service of the House of Representatives and the

Committees on Appropriations of the Senate and the House of

Representatives, at the same time it submits its annual budget

under section 2009 of this title, sufficient copies of the budget

of the Postal Service for the fiscal year for which funds are

requested to be appropriated, and a comprehensive statement

relating to the following matters:

(1) the plans, policies, and procedures of the Postal Service

designed to comply with all of the provisions of section 101 of

this title;

(2) postal operations generally, including data on the speed

and reliability of service provided for the various classes of

mail and types of mail service, mail volume, productivity, trends

in postal operations, and analyses of the impact of internal and

external factors upon the Postal Service;

(3) a listing of the total expenditures and obligations

incurred by the Postal Service for the most recent fiscal year

for which information is available, an estimate of the total

expenditures and obligations to be incurred by the Postal Service

during the fiscal year for which funds are requested to be

appropriated, and the means by which these estimated expenses

will be financed; and

(4) such other matters as the committees may determine

necessary to ensure that the Congress is fully and currently

consulted and informed on postal operations, plans, and policies.

Not later than March 15 of each year, the Postal Service shall

appear before the Committee on Governmental Affairs of the Senate

and the Committee on Post Office and Civil Service of the House of

Representatives to submit information which any such committee

considers necessary to determine the amount of funds to be

appropriated for the operation of the Postal Service, and to

present testimony and respond to questions with respect to such

budget and statement. Each such committee shall take such action as

it considers appropriate and shall advise the Postal Service of

such action.

(f) The failure of the President to request the appropriation of

any part of the funds authorized by this section may not be deemed

a failure of appropriations.

(g) The rates established under chapter 36 of this title for

zone-rated parcels formerly entered under former chapter 67 of this

title shall not be more than 10 percent less than the rates for

such mail would be if the funds authorized under subsection (b)

were not appropriated.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 743; Pub. L. 94-421, Sec.

2(a), (b), Sept. 24, 1976, 90 Stat. 1303; Pub. L. 95-593, Sec.

11(a), Nov. 4, 1978, 92 Stat. 2538; Pub. L. 96-499, title IV, Secs.

411, 414(a), Dec. 5, 1980, 94 Stat. 2607; Pub. L. 97-35, title

XVII, Sec. 1721, Aug. 13, 1981, 95 Stat. 759; Pub. L. 99-410, title

II, Sec. 201(b)(2), Aug. 28, 1986, 100 Stat. 928; Pub. L. 99-509,

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

101-509, title II, Sec. 1(b), Nov. 5, 1990, 104 Stat. 1398; Pub. L.

102-141, title II, Oct. 28, 1991, 105 Stat. 842; Pub. L. 103-31,

Sec. 8(h)(2), May 20, 1993, 107 Stat. 86; Pub. L. 103-123, title

VII, Secs. 703(a), 704(b)(1), Oct. 28, 1993, 107 Stat. 1267, 1270;

Pub. L. 103-437, Sec. 13, Nov. 2, 1994, 108 Stat. 4590.)

-REFTEXT-

REFERENCES IN TEXT

Former chapter 67 of title 39, referred to in subsec. (g), means

chapter 67 (Sec. 4551 et seq.) 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

1994 - Subsec. (e). Pub. L. 103-437, in introductory provisions,

substituted "Committee on Governmental Affairs of the Senate and

the Committee on Post Office and Civil Service of the House of

Representatives" for "Committees on Post Office and Civil Service",

and, in concluding provisions, substituted "Committee on

Governmental Affairs of the Senate and the Committee on Post Office

and Civil Service of the House of Representatives" for "Committees

on Post Office and Civil Service of the Senate and the House of

Representatives".

1993 - Subsec. (c). Pub. L. 103-123, Sec. 703(a), in first

sentence substituted "if sections 3217 and 3403 through 3406 had

not been enacted" for "if sections 3217, 3403-3406, 3626(a)-(h),

3626(j)-(k), and 3629 of this title, had not been enacted" and

"such sections." for "such sections and Acts." and in second

sentence struck out "(i)" after "Postal Service shall" and

substituted "volume." for "volume; and (ii) calculate the sums

requested in respect of mail under former sections 4452(b) and

4452(c) of this title as though all such mail consisted of letter

shaped pieces, as such pieces are defined in the then effective

classification and rate schedules."

Pub. L. 103-31 substituted "3626(a)-(h), 3626(j)-(k), and 3629 of

this title" for "and 3626(a)-(h) and (j)-(k) of this title," in

first sentence.

Subsec. (d). Pub. L. 103-123, Sec. 704(b)(1)(A), (E), added

subsec. (d) and struck out former subsec. (d) which read as

follows:

"(d)(1) There is authorized to be appropriated to the Postal

Service for fiscal year 1976 and for the period beginning July 1,

1976, and ending September 30, 1976, the amount of $500,000,000 to

be applied against the accumulated operating indebtedness of the

Postal Service as of September 30, 1976.

"(2) There is authorized to be appropriated to the Postal Service

for fiscal year 1977 the amount of $500,000,000 to be applied

against the accumulated operating indebtedness of the Postal

Service as of September 30, 1977."

Subsec. (e). Pub. L. 103-123, Sec. 704(b)(1)(A), (B),

redesignated subsec. (g) as (e) and struck out former subsec. (e)

which restricted Postal Service from effectuating any rate of

postage exceeding rates in effect on Sept. 24, 1976, diminishing

services below July 1, 1976, levels, closing post offices where 35

or more families regularly receive their mail and which was

providing service on July 1, 1976, or closing post offices where

fewer than 35 families receive their mail and which was providing

service on July 1, 1976, unless 60 percent of patrons consent to

such closing in writing.

Subsec. (f). Pub. L. 103-123, Sec. 704(b)(1)(A)-(C), redesignated

subsec. (h) as (f), struck out at end "The failure of the President

to request the appropriation of any part of the funds authorized by

this section shall not relieve the Postal Service from the

responsibility to comply with the provisions of subsections (e) and

(f) of this section.", and struck out former subsec. (f) which read

as follows: "During the period beginning on the date of the

appropriation of the funds under subsection (d)(1) and ending on

the date on which the Commission on Postal Service is required to

transmit the final report required under section 7(f)(1) of the

Postal Reorganization Act Amendments of 1976 to the President and

each House of Congress, the Postal Service shall provide door

delivery or curbline delivery to all permanent residential

addresses (other than apartment building addresses) to which

service is begun on or after the date of enactment of the Postal

Reorganization Act Amendments of 1976."

Subsec. (g). Pub. L. 103-123, Sec. 704(b)(1)(B), (D),

redesignated (i) as (g) and substituted "subsection (b)" for

"subsections (b) and (d) of this section". Former subsec. (g)

redesignated (e).

Subsecs. (h), (i). Pub. L. 103-123, Sec. 704(b)(1)(B),

redesignated subsecs. (h) and (i) as (f) and (g), respectively.

1991 - Subsec. (c). Pub. L. 102-141 amended last sentence

generally. Prior to amendment, last sentence read as follows: "In

requesting an appropriation under this subsection for a fiscal

year, the Postal Service shall include an amount to reconcile sums

authorized to be appropriated for prior fiscal years on the basis

of estimated mail volume with sums which would have been authorized

to be appropriated if based on the final audited mail volume."

1990 - Subsec. (c). Pub. L. 101-509 substituted "3626(a)-(h) and

(j)-(k)" for "3626(a)-(h)".

1986 - Subsec. (c). Pub. L. 99-509 substituted "3626(a)-(h)" for

"3626".

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

Overseas Citizens Voting Rights Act of 1975, and the Federal Voting

Assistance Act of 1955" after "3626 of this title,".

1981 - Subsec. (b)(1). Pub. L. 97-35 substituted "$250,000,000"

for "an amount equal to 7 percent of such sum for fiscal year 1971"

in subpar. (D), substituted "$100,000,000" for "an amount equal to

6 percent of such sum for fiscal year 1971" in subpar. (E), and

substituted "no funds are authorized to be appropriated" for "an

amount equal to 5 percent of such sum for fiscal year 1971" in

subpar. (F).

1980 - Subsec. (b)(1)(C). Pub. L. 96-499, Sec. 411, substituted

"$486,000,000" for "an amount equal to 8 percent of such sum for

fiscal year 1971".

Subsec. (c). Pub. L. 96-499, Sec. 414(a), inserted provision

requiring Postal Service when requesting an appropriation under

subsec. (c) to reconcile sums authorized to be appropriated for

prior fiscal years on the basis of estimated mail volume with sums

which would have been authorized if based on the final audited mail

volume.

1978 - Subsec. (c). Pub. L. 95-593 inserted provisions relating

to applicability of Overseas Citizens Voting Rights Act of 1975.

1976 - Subsec. (b)(3). Pub. L. 94-421, Sec. 2(a), struck out par.

(3) which required Postal Service, when requesting appropriations,

to present to the appropriate committees in Congress, a statement

of its compliance with the cost policy established under section

101(b) of this title.

Subsecs. (d) to (i). Pub. L. 94-421, Sec. 2(b), added subsecs.

(d) to (i).

EFFECTIVE DATE OF 1993 AMENDMENTS

Section 703(b) of Pub. L. 103-123 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to appropriations for fiscal years beginning after

September 30, 1993."

Section 704(c)(2) of Pub. L. 103-123 provided that: "The

amendments made by subsection (b) [amending this section] shall

apply with respect to appropriations for fiscal years beginning

after September 30, 1993."

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 in cl. (1) 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 1990 AMENDMENT

Section 1(c) of Pub. L. 101-509 provided that: "The amendment

enacted by this section [amending this section and section 3626 of

this title] shall become effective ninety days after the date of

enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-509 effective Jan. 1, 1989, or effective

date of next general change in rates and fees under sections 3622

and 3625 of this title [Apr. 3, 1988], whichever is sooner, see

section 6003(c) of Pub. L. 99-509 set out as a note under section

3626 of this title.

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.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

1727 of Pub. L. 97-35, set out as a note under section 2003 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 415 of Pub. L. 96-499 provided that: "The provisions of

this subtitle, including the amendments made by this subtitle

[subtitle B (Secs. 411-415) of title IV of Pub. L. 96-499, amending

this section and enacting provisions set out as a note under

section 403 of this title], shall take effect on the date of the

enactment of this Act [Dec. 5, 1980]."

EFFECTIVE DATE

Subsec. (a) of this section effective July 1, 1971, pursuant to

Resolution No. 71-9, of the Board of Governors, and subsecs. (b)

and (c) 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.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE

Committee on Post Office and Civil Service of House of

Representatives abolished by House Resolution No. 6, One Hundred

Fourth Congress, Jan. 4, 1995. References to Committee on Post

Office and Civil Service treated as referring to Committee on

Government Reform and Oversight of House of Representatives, see

section 1(b) of Pub. L. 104-14, set out as a note preceding section

21 of Title 2, The Congress. Committee on Government Reform and

Oversight of House of Representatives changed to Committee on

Government Reform of House of Representatives by House Resolution

No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a "Comprehensive statement of current and planned operations,

policies, financial expenditures and obligations" as required under

subsec. (e) of this section is listed on page 194), see section

3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A,

Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section

1113 of Title 31, Money and Finance.

REDUCTION OF AUTHORIZATION FOR REVENUE FOREGONE

Pub. L. 99-272, title XV, Sec. 15101, Apr. 7, 1986, 100 Stat.

330, provided that: "Notwithstanding subsection (c) of section 2401

of title 39, United States Code, the amount authorized to be

appropriated pursuant to such subsection for fiscal year 1986 shall

be $749,000,000."

Section 1723 of Pub. L. 97-35, as amended effective Oct. 1, 1982,

by Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96 Stat. 189,

provided that: "Notwithstanding section 2401(c) of title 39, United

States Code, the amount authorized to be appropriated under such

section shall not exceed -

"(1) $696,000,000 for fiscal year 1982;

"(2) $708,000,000 for fiscal year 1983; or

"(3) $760,000,000 for fiscal year 1984."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2003, 2009, 2803, 2804,

3626, 3627 of this title.

-End-

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39 USC Sec. 2402 01/06/03

-EXPCITE-

TITLE 39 - POSTAL SERVICE

PART III - MODERNIZATION AND FISCAL ADMINISTRATION

CHAPTER 24 - APPROPRIATIONS AND ANNUAL REPORT

-HEAD-

Sec. 2402. Annual report

-STATUTE-

The Postmaster General shall render an annual report to the Board

concerning the operations of the Postal Service under this title.

Upon approval thereof, or after making such changes as it considers

appropriate, the Board shall transmit such reports to the President

and the Congress.

-SOURCE-

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 743.)

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1971, pursuant to Resolution No. 71-9

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

out as a note preceding section 101 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Board transmit annual

reports to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and page 195 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 414, 416 of this title.

-End-