Source
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 762; Pub. L. 93–328, § 1,June 30, 1974, 88 Stat. 287; Pub. L. 94–421, § 11,Sept. 24, 1976, 90 Stat. 1311; Pub. L. 95–593, § 11(c),Nov. 4, 1978, 92 Stat. 2538; Pub. L. 99–272, title XV, §§ 15102(b)(1), (c),
15104,
15105,Apr. 7, 1986, 100 Stat. 330, 331; Pub. L. 99–509, title VI, § 6003(a),Oct. 21, 1986, 100 Stat. 1933; Pub. L. 101–509, title II, §§ 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, §§ 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, § 639,Sept. 30, 1994, 108 Stat. 2432; Pub. L. 104–255, § 2,Oct. 9, 1996, 110 Stat. 3169; Pub. L. 105–244, title I, § 102(a)(12),Oct. 7, 1998, 112 Stat. 1620; Pub. L. 106–384, §§ 1(b)–(e), 2(b), Oct. 27, 2000, 114 Stat. 1460–1462; Pub. L. 109–435, title X, § 1003,Dec. 20, 2006, 120 Stat. 3255.)
References in Text
Former sections
4351 to
4358,
4452, and
4554 of this title, referred to in text, mean those 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.
Amendments
2006—Subsec. (a)(1) to (3).
Pub. L. 109–435, § 1003(1), added pars. (1) to (3) and struck out former pars. (1) to (3). Prior to amendment, par. (1) required 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 to be established in accordance with the applicable provisions of this chapter, par. (2) defined “costs attributable”, “regular-rate category”, and “institutional-costs contribution”, and par. (3) required rates of postage for a class of mail or kind of mailer under former section
4358 of this title to 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 were equal to certain calculated amounts.
Subsec. (g)(3), (4).
Pub. L. 109–435, § 1003(2), added pars. (3) and (4).
Subsec. (n).
Pub. L. 109–435, § 1003(3), added subsec. (n).
2000—Subsec. (a)(1).
Pub. L. 106–384, § 2(b), substituted “4554(b), or 4554(c)” for “4454(b), or 4454(c)”.
Subsec. (a)(3)(A).
Pub. L. 106–384, § 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, § 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, § 1(d), added par. (6).
Subsec. (a)(7).
Pub. L. 106–384, § 1(e), added par. (7).
1998—Subsec. (b)(3).
Pub. L. 105–244substituted “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. 104–255inserted 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. 103–329added cl. (III).
1993—Subsec. (a).
Pub. L. 103–123, § 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, § 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, § 705(a), added subpar. (D).
Subsec. (j)(3).
Pub. L. 103–123, § 705(c), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (k), (l).
Pub. L. 103–123, § 708(e), redesignatedsubsec. (k), defining “advertising”, as (l).
Subsec. (m).
Pub. L. 103–123, § 705(b), added subsec. (m).
1991—Subsec. (a)(2).
Pub. L. 102–141amended 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. 102–141inserted “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, § 1(a), added subsec. (j).
Subsec. (k).
Pub. L. 101–509, § 3, added subsec. (k) defining “advertising”.
Pub. L. 101–509, § 1(a), added subsec. (k) relating to mailing of matter at inapplicable rates.
1986—Subsec. (a).
Pub. L. 99–272, § 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, § 15102(c), added subsec. (f).
Subsec. (g).
Pub. L. 99–272, § 15104, added subsec. (g).
Subsec. (h).
Pub. L. 99–272, § 15105, added subsec. (h).
Subsec. (i).
Pub. L. 99–509added subsec. (i).
1978—Subsec. (e).
Pub. L. 95–593added subsec. (e).
1976—
Pub. L. 94–421designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
1974—
Pub. L. 93–328substituted “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. 105–244effective 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. 103–123provided 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. 103–123provided 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. 101–509effective 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. 99–509provided 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. 99–272provided 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, § 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. 101–509provided 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. 93–328provided 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].”