dreamproit/uscode huggingface dataset:
39 U.S.C. § 3627 (POSTAL SERVICE)
§ 3627. Adjusting free rates
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.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 95–593, § 11(b), Nov. 4, 1978, 92 Stat. 2538; Pub. L. 99–410, title II, § 201(b)(3), Aug. 28, 1986, 100 Stat. 928; Pub. L. 103–31, § 8(h)(3), May 20, 1993, 107 Stat. 86; Pub. L. 103–123, title VII, § 704(a)(3)(B)(i), Oct. 28, 1993, 107 Stat. 1269; Pub. L. 109–435, title X, § 1010(g)(5), Dec. 20, 2006, 120 Stat. 3263.)
heading: Amendments
text: 2006—Pub. L. 109–435 inserted section catchline and struck out former catchline which read the same.
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.
heading: Effective Date of 1993 Amendments
text: 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.
heading: Effective Date of 1986 Amendment
text: 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.
39 U.S.C. § 3628 (POSTAL SERVICE)
[§ 3628. Repealed. Pub. L. 109–435, title II, § 201(b), Dec. 20, 2006, 120 Stat. 3205]
text: Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 98–620, title IV, § 402(37), Nov. 8, 1984, 98 Stat. 3360, related to appellate review of a decision of the Board of Governors to approve, allow under protest, reject, or modify a recommended decision of the Postal Rate Commission.
39 U.S.C. § 3629 (POSTAL SERVICE)
§ 3629. Reduced rates for voter registration purposes
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.
(Added Pub. L. 103–31, § 8(h)(1), May 20, 1993, 107 Stat. 86.)
heading: References in Text
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 (§ 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.
heading: Effective Date
text: 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.
39 U.S.C. § 3631 (POSTAL SERVICE)
§ 3631. Applicability; definitions and updates
(a) Applicability.—
This subchapter shall apply with respect to—
(1) priority mail;
(2) expedited mail;
(3) bulk parcel post;
(4) bulk international mail; and
(5) mailgrams;
subject to subsection (d) and any changes the Postal Regulatory Commission may make under section 3642.
(b) Definition.—
For purposes of this subchapter, the term “costs attributable”, as used with respect to a product, means the direct and indirect postal costs attributable to such product through reliably identified causal relationships.
(c) Rule of Construction.—
Mail matter referred to in subsection (a) shall, for purposes of this subchapter, be considered to have the meaning given to such mail matter under the mail classification schedule.
(Added Pub. L. 109–435, title II, § 202, Dec. 20, 2006, 120 Stat. 3205.)
39 U.S.C. § 3632 (POSTAL SERVICE)
§ 3632. Action of the Governors
(a) Authority To Establish Rates and Classes.—
The Governors, with the concurrence of a majority of all of the Governors then holding office, shall establish rates and classes for products in the competitive category of mail in accordance with the requirements of this subchapter and regulations promulgated under section 3633.
(b) Procedures.—
(1) In general.—
Rates and classes shall be established in writing, complete with a statement of explanation and justification, and the date as of which each such rate or class takes effect.
(2) Rates or classes of general applicability.—
In the case of rates or classes of general applicability in the Nation as a whole or in any substantial region of the Nation, the Governors shall cause each rate and class decision under this section and the record of the Governors’ proceedings in connection with such decision to be published in the Federal Register at least 30 days before the effective date of any new rates or classes.
(3) Rates or classes not of general applicability.—
In the case of rates or classes not of general applicability in the Nation as a whole or in any substantial region of the Nation, the Governors shall cause each rate and class decision under this section and the record of the proceedings in connection with such decision to be filed with the Postal Regulatory Commission by such date before the effective date of any new rates or classes as the Governors consider appropriate, but in no case less than 15 days.
(4) Criteria.—
As part of the regulations required under section 3633, the Postal Regulatory Commission shall establish criteria for determining when a rate or class established under this subchapter is or is not of general applicability in the Nation as a whole or in any substantial region of the Nation.
(c) Transition Rule.—
Until regulations under section 3633 first take effect, rates and classes for competitive products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were as last in effect before the date of enactment of this section.
(Added Pub. L. 109–435, title II, § 202, Dec. 20, 2006, 120 Stat. 3206.)
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.
39 U.S.C. § 3633 (POSTAL SERVICE)
§ 3633. Provisions applicable to rates for competitive products
(a) In General.—
The Postal Regulatory Commission shall, within 18 months after the date of enactment of this section, promulgate (and may from time to time thereafter revise) regulations to—
(1) prohibit the subsidization of competitive products by market-dominant products;
(2) ensure that each competitive product covers its costs attributable; and
(3) ensure that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service.
(b) Review of Minimum Contribution.—
Five years after the date of enactment of this section, and every 5 years thereafter, the Postal Regulatory Commission shall conduct a review to determine whether the institutional costs contribution requirement under subsection (a)(3) should be retained in its current form, modified, or eliminated. In making its determination, the Commission shall consider all relevant circumstances, including the prevailing competitive conditions in the market, and the degree to which any costs are uniquely or disproportionately associated with any competitive products.
(Added Pub. L. 109–435, title II, § 202, Dec. 20, 2006, 120 Stat. 3206.)
heading: References in Text
text: The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.
heading: Study on Equal Application of Laws to Competitive Products
text: Pub. L. 109–435, title VII, § 703, Dec. 20, 2006, 120 Stat. 3244, provided that:
“(a) In General.—
The Federal Trade Commission shall prepare and submit to the President and Congress, and to the Postal Regulatory Commission, within 1 year after the date of enactment of this Act [Dec. 20, 2006], a comprehensive report identifying Federal and State laws that apply differently to the United States Postal Service with respect to the competitive category of mail (within the meaning of section 102 of title 39, United States Code, as amended by section 101) and to private companies providing similar products.
“(b) Recommendations.—
The Federal Trade Commission shall include such recommendations as it considers appropriate for bringing such legal differences to an end, and in the interim, to account under section 3633 of title 39, United States Code (as added by this Act), for the net economic effects provided by those laws.
“(c) Consultation.—
In preparing its report, the Federal Trade Commission shall consult with the United States Postal Service, the Postal Regulatory Commission, other Federal agencies, mailers, private companies that provide delivery services, and the general public, and shall append to such report any written comments received under this subsection.
“(d) Competitive Product Regulation.—
The Postal Regulatory Commission shall take into account the recommendations of the Federal Trade Commission, and subsequent events that affect the continuing validity of the estimate of the net economic effect, in promulgating or revising the regulations required under section 3633 of title 39, United States Code.”
39 U.S.C. § 3634 (POSTAL SERVICE)
§ 3634. Assumed Federal income tax on competitive products income
(a) Definitions.—
For purposes of this section—
(1) the term “assumed Federal income tax on competitive products income” means the net income tax that would be imposed by chapter 1 of the Internal Revenue Code of 1986 on the Postal Service’s assumed taxable income from competitive products for the year; and
(2) the term “assumed taxable income from competitive products”, with respect to a year, refers to the amount representing what would be the taxable income of a corporation under the Internal Revenue Code of 1986 for the year, if—
(A) the only activities of such corporation were the activities of the Postal Service allocable under section 2011(h) to competitive products; and
(B) the only assets held by such corporation were the assets of the Postal Service allocable under section 2011(h) to such activities.
(b) Computation and Transfer Requirements.—
The Postal Service shall, for each year beginning with the year in which occurs the deadline for the Postal Service’s first report to the Postal Regulatory Commission under section 3652(a)—
(1) compute its assumed Federal income tax on competitive products income for such year; and
(2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax.
(c) Deadline for Transfers.—
Any transfer required to be made under this section for a year shall be due on or before the January 15th next occurring after the close of such year.
(Added Pub. L. 109–435, title IV, § 402, Dec. 20, 2006, 120 Stat. 3226.)
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in subsec. (a), is classified to Title 26, Internal Revenue Code.
39 U.S.C. § 3651 (POSTAL SERVICE)
§ 3651. Annual reports by the Commission
(a) In General.—
The Postal Regulatory Commission shall submit an annual report to the President and the Congress concerning the operations of the Commission under this title, including the extent to which regulations are achieving the objectives under sections 3622 and 3633, respectively.
(b) Additional Information.—
(1) In general.—
In addition to the information required under subsection (a), each report under this section shall also include, with respect to the period covered by such report, an estimate of the costs incurred by the Postal Service in providing—
(A) postal services to areas of the Nation where, in the judgment of the Postal Regulatory Commission, the Postal Service either would not provide services at all or would not provide such services in accordance with the requirements of this title if the Postal Service were not required to provide prompt, reliable, and efficient services to patrons in all areas and all communities, including as required under the first sentence of section 101(b);
(B) free or reduced rates for postal services as required by this title; and
(C) other public services or activities which, in the judgment of the Postal Regulatory Commission, would not otherwise have been provided by the Postal Service but for the requirements of law.
(2) Basis for estimates.—
The Commission shall detail the basis for its estimates and the statutory requirements giving rise to the costs identified in each report under this section.
(c) Information From Postal Service.—
The Postal Service shall provide the Postal Regulatory Commission with such information as may, in the judgment of the Commission, be necessary in order for the Commission to prepare its reports under this section.
(Added Pub. L. 109–435, title II, § 204(b), Dec. 20, 2006, 120 Stat. 3211.)
39 U.S.C. § 3653 (POSTAL SERVICE)
§ 3653. Annual determination of compliance
(a) Opportunity for Public Comment.—
After receiving the reports required under section 3652 for any year, the Postal Regulatory Commission shall promptly provide an opportunity for comment on such reports by users of the mails, affected parties, and an officer of the Commission who shall be required to represent the interests of the general public.
(b) Determination of Compliance or Noncompliance.—
Not later than 90 days after receiving the submissions required under section 3652 with respect to a year, the Postal Regulatory Commission shall make a written determination as to—
(1) whether any rates or fees in effect during such year (for products individually or collectively) were not in compliance with applicable provisions of this chapter (or regulations promulgated thereunder); or
(2) whether any service standards in effect during such year were not met.
If, with respect to a year, no instance of noncompliance is found under this subsection to have occurred in such year, the written determination shall be to that effect.
(c) Noncompliance With Regard to Rates or Services.—
If, for a year, a timely written determination of noncompliance is made under subsection (b), the Postal Regulatory Commission shall take appropriate action in accordance with subsections (c) and (e) of section 3662 (as if a complaint averring such noncompliance had been duly filed and found under such section to be justified).
(d) Review of Performance Goals.—
The Postal Regulatory Commission shall also evaluate annually whether the Postal Service has met the goals established under sections 2803 and 2804, and may provide recommendations to the Postal Service related to the protection or promotion of public policy objectives set out in this title.
(e) Rebuttable Presumption.—
A timely written determination described in the last sentence of subsection (b) shall, for purposes of any proceeding under section 3662, create a rebuttable presumption of compliance by the Postal Service (with regard to the matters described under paragraphs (1) and (2) of subsection (b)) during the year to which such determination relates.
(Added Pub. L. 109–435, title II, § 204(b), Dec. 20, 2006, 120 Stat. 3213.)
39 U.S.C. § 3661 (POSTAL SERVICE)
§ 3661. Postal services
(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 Regulatory 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.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 764; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
heading: Effective Date
text: 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.
heading: Commission on Postal Service
text: Pub. L. 94–421, § 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.
39 U.S.C. § 3662 (POSTAL SERVICE)
§ 3662. Rate and service complaints
(a) In General.—
Any interested person (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of sections 101(d), 401(2), 403(c), 404a, or 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.
(b) Prompt Response Required.—
(1) In general.—
The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)—
(A) either—
(i) upon a finding that such complaint raises material issues of fact or law, begin proceedings on such complaint; or
(ii) issue an order dismissing the complaint; and
(B) with respect to any action taken under subparagraph (A)(i) or (ii), issue a written statement setting forth the bases of its determination.
(2) Treatment of complaints not timely acted on.—
For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed pursuant to an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).
(c) Action Required if Complaint Found To Be Justified.—
If the Postal Regulatory Commission finds the complaint to be justified, it shall order that the Postal Service take such action as the Commission considers appropriate in order to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance (such as ordering unlawful rates to be adjusted to lawful levels, ordering the cancellation of market tests, ordering the Postal Service to discontinue providing loss-making products, or requiring the Postal Service to make up for revenue shortfalls in competitive products).
(d) Authority To Order Fines in Cases of Deliberate Noncompliance.—
In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.
(Added Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3216.)
heading: Prior Provisions
text: A prior section 3662, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 764, related to rate and service complaints, prior to repeal by Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3216.
39 U.S.C. § 3663 (POSTAL SERVICE)
§ 3663. Appellate review
A person, including the Postal Service, adversely affected or aggrieved by a final order or decision of the Postal Regulatory Commission may, within 30 days after such order or decision becomes final, institute proceedings for review thereof by filing a petition in the United States Court of Appeals for the District of Columbia. The court shall review the order or decision in accordance with section 706 of title 5, and chapter 158 and section 2112 of title 28, on the basis of the record before the Commission.
(Added Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3217.)
heading: Prior Provisions
text: A prior section 3663, added Pub. L. 105–277, div. A, § 101(h) [title VI, § 648(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–527, related to annual report on international services, prior to repeal by Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3216.
39 U.S.C. § 3664 (POSTAL SERVICE)
§ 3664. Enforcement of orders
The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain the Postal Service from violating, any order issued by the Postal Regulatory Commission.
(Added Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3217.)