PART IV—MAIL MATTER
CHAPTER 30 —NONMAILABLE MATTER
Amendments
2006—
1999—
1992—
1988—
1983—
§3001. Nonmailable matter
(a) Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 1 of title 18, or section 26 of the Animal Welfare Act is nonmailable.
(b) Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct.
(c)(1) Matter which—
(A) exceeds the size and weight limits prescribed for the particular class of mail; or
(B) is of a character perishable within the period required for transportation and delivery;
is nonmailable.
(2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender.
(d) Matter otherwise legally acceptable in the mails which—
(1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but
(2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe—
(A) the following notice: "This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer."; or
(B) in lieu thereof, a notice to the same effect in words which the Postal Service may prescribe.
(e)(1) Any matter which is unsolicited by the addressee and which is designed, adapted, or intended for preventing conception (except unsolicited samples thereof mailed to a manufacturer thereof, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.
(2) Any unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs unless the advertisement—
(A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic; or
(B) accompanies in the same parcel any unsolicited sample excepted by paragraph (1) of this subsection.
An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive.
(f) Any matter which is unsolicited by the addressee, which contains a "household substance" (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission, is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.
(g)(1) Matter otherwise legally acceptable in the mails which contains or includes a fragrance advertising sample is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless the sample is sealed, wrapped, treated, or otherwise prepared in a manner reasonably designed to prevent individuals from being unknowingly or involuntarily exposed to the sample.
(2) The Postal Service shall by regulation establish the standards or requirements which a fragrance advertising sample must satisfy in order for the mail matter involved not to be considered nonmailable under this subsection.
(h)(1) Matter otherwise legally acceptable in the mails which constitutes a solicitation by a nongovernmental entity for the purchase of or payment for a product or service; and which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government; or which bears the term "census" on the envelope or outside cover or wrapper; or on which the term "census" is visible through the envelope or outside cover or wrapper is nonmailable matter and shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless—
(A) such nongovernmental entity has such expressed connection, approval or endorsement;
(B)(i) such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe, the following notice: "THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE FEDERAL GOVERNMENT.", or a notice to the same effect in words which the Postal Service may prescribe;
(ii) the envelope or outside cover or wrapper in which such matter is mailed bears on its face in capital letters and in conspicuous and legible type, in accordance with regulations which the Postal Service shall prescribe, the following notice: "THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same effect in words which the Postal Service may prescribe; and
(iii) such matter does not contain a false representation stating or implying that Federal Government benefits or services will be affected by any purchase or nonpurchase; or
(C) such matter is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive, except that this paragraph shall not apply if the solicitation is on behalf of the publisher of the publication.
(2) In the case of matter bearing the term "census" on the envelope or outside cover or wrapper or matter on which the term "census" is visible through the envelope or outside cover or wrapper, in addition to satisfying one of the exceptions contained in paragraphs 2 (1)(A), (1)(B), or (1)(C), such envelope or outside cover or wrapper bears on its face an accurate return address including the name of the entity that sent such matter.
(i)(1) Matter otherwise legally acceptable in the mails which constitutes a solicitation by a nongovernmental entity for information or the contribution of funds or membership fees and which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government; or which bears the term "census" on the envelope or outside cover or wrapper; or on which the term "census" is visible through the envelope or outside cover or wrapper is nonmailable matter and shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless—
(A) such nongovernmental entity has such expressed connection, approval or endorsement;
(B)(i) such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe, the following notice: "THIS ORGANIZATION HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE FEDERAL GOVERNMENT.", or a notice to the same effect in words which the Postal Service may prescribe;
(ii) the envelope or outside cover or wrapper in which such matter is mailed bears on its face in capital letters and in conspicuous and legible type, in accordance with regulations which the Postal Service shall prescribe, the following notice: "THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same effect in words which the Postal Service may prescribe; and
(iii) such matter does not contain a false representation stating or implying that Federal Government benefits or services will be affected by any contribution or noncontribution; or
(C) such matter is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive, except that this paragraph shall not apply if the solicitation is on behalf of the publisher of the publication.
(2) In the case of matter bearing the term "census" on the envelope or outside cover or wrapper or matter on which the term "census" is visible through the envelope or outside cover or wrapper, in addition to satisfying one of the exceptions contained in paragraphs 2 (1)(A), (1)(B), or (1)(C), such envelope or outside cover or wrapper bears on its face an accurate return address including the name of the entity that sent such matter.
(j)(1) Any matter otherwise legally acceptable in the mails which is described in paragraph (2) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.
(2) Matter described in this paragraph is any matter that—
(A) constitutes a solicitation for the purchase of or payment for any product or service that—
(i) is provided by the Federal Government; and
(ii) may be obtained without cost from the Federal Government; and
(B) does not contain a clear and conspicuous statement giving notice of the information set forth in clauses (i) and (ii) of subparagraph (A).
(k)(1) In this subsection—
(A) the term "clearly and conspicuously displayed" means presented in a manner that is readily noticeable, readable, and understandable to the group to whom the applicable matter is disseminated;
(B) the term "facsimile check" means any matter that—
(i) is designed to resemble a check or other negotiable instrument; but
(ii) is not negotiable;
(C) the term "skill contest" means a puzzle, game, competition, or other contest in which—
(i) a prize is awarded or offered;
(ii) the outcome depends predominately on the skill of the contestant; and
(iii) a purchase, payment, or donation is required or implied to be required to enter the contest; and
(D) the term "sweepstakes" means a game of chance for which no consideration is required to enter.
(2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph (3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.
(3) Matter described in this paragraph is any matter that—
(A)(i) includes entry materials for a sweepstakes or a promotion that purports to be a sweepstakes; and
(ii)(I) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that no purchase is necessary to enter such sweepstakes;
(II) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that a purchase will not improve an individual's chances of winning with such entry;
(III) does not state all terms and conditions of the sweepstakes promotion, including the rules and entry procedures for the sweepstakes;
(IV) does not disclose the sponsor or mailer of such matter and the principal place of business or an address at which the sponsor or mailer may be contacted;
(V) does not contain sweepstakes rules that state—
(aa) the estimated odds of winning each prize;
(bb) the quantity, estimated retail value, and nature of each prize; and
(cc) the schedule of any payments made over time;
(VI) represents that individuals not purchasing products or services may be disqualified from receiving future sweepstakes mailings;
(VII) requires that a sweepstakes entry be accompanied by an order or payment for a product or service previously ordered;
(VIII) represents that an individual is a winner of a prize unless that individual has won such prize; or
(IX) contains a representation that contradicts, or is inconsistent with sweepstakes rules or any other disclosure required to be made under this subsection, including any statement qualifying, limiting, or explaining the rules or disclosures in a manner inconsistent with such rules or disclosures;
(B)(i) includes entry materials for a skill contest or a promotion that purports to be a skill contest; and
(ii)(I) does not state all terms and conditions of the skill contest, including the rules and entry procedures for the skill contest;
(II) does not disclose the sponsor or mailer of the skill contest and the principal place of business or an address at which the sponsor or mailer may be contacted; or
(III) does not contain skill contest rules that state, as applicable—
(aa) the number of rounds or levels of the contest and the cost to enter each round or level;
(bb) that subsequent rounds or levels will be more difficult to solve;
(cc) the maximum cost to enter all rounds or levels;
(dd) the estimated number or percentage of entrants who may correctly solve the skill contest or the approximate number or percentage of entrants correctly solving the past 3 skill contests conducted by the sponsor;
(ee) the identity or description of the qualifications of the judges if the contest is judged by other than the sponsor;
(ff) the method used in judging;
(gg) the date by which the winner or winners will be determined and the date or process by which prizes will be awarded;
(hh) the quantity, estimated retail value, and nature of each prize; and
(ii) the schedule of any payments made over time; or
(C) includes any facsimile check that does not contain a statement on the check itself that such check is not a negotiable instrument and has no cash value.
(4) Matter that appears in a magazine, newspaper, or other periodical shall be exempt from paragraph (2) if such matter—
(A) is not directed to a named individual; or
(B) does not include an opportunity to make a payment or order a product or service.
(5) Any statement, notice, or disclaimer required under paragraph (3) shall be clearly and conspicuously displayed. Any statement, notice, or disclaimer required under subclause (I) or (II) of paragraph (3)(A)(ii) shall be displayed more conspicuously than would otherwise be required under the preceding sentence.
(6) In the enforcement of paragraph (3), the Postal Service shall consider all of the materials included in the mailing and the material and language on and visible through the envelope or outside cover or wrapper in which those materials are mailed.
(l)(1) Any person who uses the mails for any matter to which subsection (h), (i), (j), or (k) applies shall adopt reasonable practices and procedures to prevent the mailing of such matter to any person who, personally or through a conservator, guardian, or individual with power of attorney—
(A) submits to the mailer of such matter a written request that such matter should not be mailed to such person; or
(B)(i) submits such a written request to the attorney general of the appropriate State (or any State government officer who transmits the request to that attorney general); and
(ii) that attorney general transmits such request to the mailer.
(2) Any person who mails matter to which subsection (h), (i), (j), or (k) applies shall maintain or cause to be maintained a record of all requests made under paragraph (1). The records shall be maintained in a form to permit the suppression of an applicable name at the applicable address for a 5-year period beginning on the date the written request under paragraph (1) is submitted to the mailer.
(m) Except as otherwise provided by law, proceedings concerning the mailability of matter under this chapter and chapters 71 and 83 of title 18 shall be conducted in accordance with chapters 5 and 7 of title 5.
(n)(1) Except as otherwise authorized by law or regulations of the Postal Service, hazardous material is nonmailable.
(2) In this subsection, the term "hazardous material" means a substance or material designated by the Secretary of Transportation under
(o) The district courts, together with the District Court of the Virgin Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of
(
References in Text
Section 26 of the Animal Welfare Act, referred to in subsec. (a), is section 26 of
Section 2 of the Poison Prevention Packaging Act of 1970, referred to in subsec. (f), is classified to
Codification
Constitutionality
For information regarding constitutionality of certain provisions of this section, as taken from section 2 of act Mar. 3, 1873, ch. 258,
Amendments
2010—Subsec. (h).
Subsec. (h)(1).
Subsec. (h)(2).
Subsec. (i).
Subsec. (i)(1).
Subsec. (i)(2).
2008—
2006—Subsecs. (n), (o).
1999—Subsec. (a).
Subsec. (h).
Subsec. (h)(2)(C).
Subsec. (i).
Subsec. (i)(2)(C).
Subsec. (j).
Subsec. (k).
Subsec. (l).
Subsecs. (m), (n).
1991—Subsecs. (i) to (k).
1990—Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
1982—Subsec. (a).
1976—Subsec. (a).
1971—Subsecs. (e), (f).
Subsec. (g).
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 1999 Amendment
Effective Date of 1990 Amendment
Effective Date of 1971 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Short Title of 1999 Amendment
Short Title of 1990 Amendments
Short Title of 1983 Amendment
State Law Not Preempted
"(a)
"(b)
Coordination of Functions With Department of Health and Human Services
Notice With Respect to Obscene Matter Distributed by Mail and Detention Thereof
1 See References in Text note below.
2 So in original. Probably should be "paragraph".
§3002. Nonmailable motor vehicle master keys
(a) Except as provided in subsection (b) of this section, any motor vehicle master key, any pattern, impression, or mold from which a motor vehicle master key may be made, or any advertisement for the sale of any such key, pattern, impression, or mold, is nonmailable matter and shall not be carried or delivered by mail.
(b) The Postal Service is authorized to make such exemptions from the provisions of subsection (a) of this section as it deems necessary.
(c) For the purposes of this section, "motor vehicle master key" means any key (other than the key furnished by the manufacturer with the motor vehicle, or the key furnished with a replacement lock, or any exact duplicate of such keys) designed to operate 2 or more motor vehicle ignition, door, or trunk locks of different combinations.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3002a. Nonmailability of locksmithing devices
(a) Any locksmithing device is nonmailable mail, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such device is mailed to—
(1) a lock manufacturer or distributor;
(2) a bona fide locksmith;
(3) a bona fide repossessor; or
(4) a motor vehicle manufacturer or dealer.
(b) For the purpose of this section, "locksmithing device" means—
(1) a device or tool (other than a key) designed to manipulate the tumblers in a lock into the unlocked position through the keyway of such lock;
(2) a device or tool (other than a key or a device or tool under paragraph (1)) designed for the unauthorized opening or bypassing of a lock or similar security device; and
(3) a device or tool designed for making an impression of a key or similar security device to duplicate such key or device.
(Added
§3003. Mail bearing a fictitious name or address
(a) Upon evidence satisfactory to the Postal Service that any person is using a fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, by means of the postal services of the United States, an activity in violation of
(1) withhold mail so addressed from delivery; and
(2) require the party claiming the mail to furnish proof to it of the claimant's identity and right to receive the mail.
(b) The Postal Service may issue an order directing that mail, covered by subsection (a) of this section, be forwarded to a dead letter office as fictitious matter, or be returned to the sender when—
(1) the party claiming the mail fails to furnish proof of his identity and right to receive the mail; or
(2) the Postal Service determines that the mail is addressed to a fictitious, false, or assumed name, title, or address.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3004. Delivery of mail to persons not residents of the place of address
Whenever the Postal Service determines that letters or parcels sent in the mail are addressed to places not the residence or regular business address of the person for whom they are intended, to enable the person to escape identification, the Postal Service may deliver the mail only upon identification of the person so addressed.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3005. False representations; lotteries
(a) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, including the mailing of matter which is nonmailable under
(1) directs the postmaster of the post office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey the mail before the postmaster returns the mail to the sender;
(2) forbids the payment by a postmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note; and
(3) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise.
For purposes of the preceding sentence, the mailing of matter which is nonmailable under such section 3001(d), (h), (i), (j), or (k) by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by false representations.
(b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postal Service may ascertain the existence of the agency in any other legal way satisfactory to it.
(c) As used in this section, the term "representative" includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind.
(d) Nothing in this section shall prohibit the mailing of (1) publications containing advertisements, lists of prizes, or information concerning a lottery, which are exempt, pursuant to
(e)(1) In conducting an investigation to determine if a person is engaged in any of the activities covered by subsection (a) of this section, the Postmaster General (or any duly authorized agent of the Postmaster General) may tender, at any reasonable time and by any reasonable means, the price advertised or otherwise requested for any article or service that such person has offered to provide through the mails.
(2) A failure to provide the article or service offered after the Postmaster General or his agent has tendered the price advertised or otherwise requested in the manner described in paragraph (1) of this subsection, and any reasons for such failure, may be considered in a proceeding held under
(3) The Postmaster General shall prescribe regulations under which any individual seeking to make a purchase on behalf of the Postal Service under this subsection from any person shall—
(A) identify himself as an employee or authorized agent of the Postal Service, as the case may be;
(B) state the nature of the conduct under investigation; and
(C) inform such person that the failure to complete the transaction may be considered in a proceeding under
(
Amendments
2006—Subsec. (a).
1999—Subsec. (a).
Subsec. (c).
1991—Subsec. (a).
1990—Subsec. (a).
1988—Subsec. (d)(1).
1983—Subsec. (a)(3).
Subsec. (d).
Subsec. (e).
1978—Subsec. (a).
1976—Subsec. (d).
1975—Subsec. (d).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Consumer Education Program on Schemes Involving False Representations
Section 4 of
"(a) As soon as practicable after the date of enactment of this Act [Nov. 30, 1983], the Postmaster General or his designee, following consultation with representatives of the mail order industry, shall develop and carry out a program designed to provide consumer education to the public on schemes involving false representations through use of the mails, including the dissemination of information on recognizing practices commonly associated with such schemes, as well as appropriate measures which an individual may take upon receiving mail matter which the individual believes may be part of such a scheme.
"(b) A summary of the activities carried out under subsection (a) shall be included in the first semiannual report submitted each year as required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)."
[§3006. Repealed. Pub. L. 106–168, title I, §105(b)(1), Dec. 12, 1999, 113 Stat. 1811 ]
Section,
Effective Date of Repeal
Repeal effective 120 days after Dec. 12, 1999, see section 111 of
§3007. Detention of mail for temporary periods
(a)(1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure.
(2)(A) Upon a proper showing, the court shall enter an order which shall—
(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and
(ii) direct the detention by the postmaster, in any and all districts, of the defendant's incoming mail and outgoing mail, which is the subject of the proceedings under section 3005.
(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005.
(3) Mail detained under paragraph (2) shall—
(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and
(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005.
(4) No finding of the defendant's intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section.
(b) If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under subsection (a) was issued.
(c) This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers.
(
References in Text
Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1999—
Effective Date of 1999 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3008. Prohibition of pandering advertisements
(a) Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative shall be subject to an order of the Postal Service to refrain from further mailings of such materials to designated addresses thereof.
(b) Upon receipt of notice from an addressee that he has received such mail matter, determined by the addressee in his sole discretion to be of the character described in subsection (a) of this section, the Postal Service shall issue an order, if requested by the addressee, to the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees.
(c) The order of the Postal Service shall expressly prohibit the sender and his agents or assigns from making any further mailings to the designated addresses, effective on the thirtieth calendar day after receipt of the order. The order shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owned or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the designated addressees.
(d) Whenever the Postal Service believes that the sender or anyone acting on his behalf has violated or is violating the order given under this section, it shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for its belief and request that any response thereto be filed in writing with the Postal Service within 15 days after the date of such service. If the Postal Service, after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, it is authorized to request the Attorney General to make application, and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice.
(e) Any district court of the United States within the jurisdiction of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punishable by the court as contempt thereof.
(f) Receipt of mail matter 30 days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date.
(g) Upon request of any addressee, the order of the Postal Service shall include the names of any of his minor children who have not attained their nineteenth birthday, and who reside with the addressee.
(h) The provisions of subchapter II of
(i) For purposes of this section—
(1) mail matter, directed to a specific address covered in the order of the Postal Service, without designation of a specific addressee thereon, shall be considered as addressed to the person named in the Postal Service's order; and
(2) the term "children" includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relationship.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3009. Mailing of unordered merchandise
(a) Except for (1) free samples clearly and conspicuously marked as such, and (2) merchandise mailed by a charitable organization soliciting contributions, the mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of
(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d) For the purposes of this section, "unordered merchandise" means merchandise mailed without the prior expressed request or consent of the recipient.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3010. Mailing of sexually oriented advertisements
(a) Any person who mails or causes to be mailed any sexually oriented advertisement shall place on the envelope or cover thereof his name and address as the sender thereof and such mark or notice as the Postal Service may prescribe.
(b) Any person, on his own behalf or on the behalf of any of his children who has not attained the age of 19 years and who resides with him or is under his care, custody, or supervision, may file with the Postal Service a statement, in such form and manner as the Postal Service may prescribe, that he desires to receive no sexually oriented advertisements through the mails. The Postal Service shall maintain and keep current, insofar as practicable, a list of the names and addresses of such persons and shall make the list (including portions thereof or changes therein) available to any person, upon such reasonable terms and conditions as it may prescribe, including the payment of such service charge as it determines to be necessary to defray the cost of compiling and maintaining the list and making it available as provided in this sentence. No person shall mail or cause to be mailed any sexually oriented advertisement to any individual whose name and address has been on the list for more than 30 days.
(c) No person shall sell, lease, lend, exchange, or license the use of, or, except for the purpose expressly authorized by this section, use any mailing list compiled in whole or in part from the list maintained by the Postal Service pursuant to this section.
(d) "Sexually oriented advertisement" means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing. Material otherwise within the definition of this subsection shall be deemed not to constitute a sexually oriented advertisement if it constitutes only a small and insignificant part of the whole of a single catalog, book, periodical, or other work the remainder of which is not primarily devoted to sexual matters.
(
Effective Date
Section effective first day of sixth month which begins after Aug. 12, 1970, see section 15(b) of
Invasion of Privacy by Mailing of Sexually Oriented Advertisements
"(a) [Congressional findings] The Congress finds—
"(1) that the United States mails are being used for the indiscriminate dissemination of advertising matter so designed and so presented as to exploit sexual sensationalism for commercial gain;
"(2) that such matter is profoundly shocking and offensive to many persons who receive it, unsolicited, through the mails;
"(3) that such use of the mails constitutes a serious threat to the dignity and sanctity of the American home and subjects many persons to an unconscionable and unwarranted intrusion upon their fundamental personal right to privacy;
"(4) that such use of the mail reduces the ability of responsible parents to protect their minor children from exposure to material which they as parents believe to be harmful to the normal and healthy ethical, mental, and social development of their children; and
"(5) that the traffic in such offensive advertisements is so large that individual citizens will be helpless to protect their privacy or their families without stronger and more effective Federal controls over the mailing of such matter.
"(b) [Congressional Determination of Public Policy] On the basis of such findings, the Congress determines that it is contrary to the public policy of the United States for the facilities and services of the United States Postal Service to be used for the distribution of such materials to persons who do not want their privacy invaded in this manner or to persons who wish to protect their minor children from exposure to such material."
Provisions of section 14 of
§3011. Judicial enforcement
(a) Whenever the Postal Service believes that any person is mailing or causing to be mailed any sexually oriented advertisement in violation of
(1) a direction to the defendant to refrain from mailing any sexually oriented advertisement to a specific addressee, to any group of addressees, or to all persons;
(2) a direction to any postmaster to whom sexually oriented advertisements originating with such defendant are tendered for transmission through the mails to refuse to accept such advertisements for mailing; or
(3) a direction to any postmaster at the office at which registered or certified letters or other letters or mail arrive, addressed to the defendant or his representative, to return the registered or certified letters or other letters or mail to the sender appropriately marked as being in response to mail in violation of
(b) The statement that remittances may be made to a person named in a sexually oriented advertisement is prima facie evidence that such named person is the principal, agent, or representative of the mailer for the receipt of remittances on his behalf. The court is not precluded from ascertaining the existence of the agency on the basis of any other evidence.
(c) In preparation for, or during the pendency of, a civil action under subsection (a) of this section, a district court of the United States, upon application therefor by the Attorney General and upon a showing of probable cause to believe the statute is being violated, may enter a temporary restraining order or preliminary injunction containing such terms as the court deems just, including, but not limited to, provisions enjoining the defendant from mailing any sexually oriented advertisement to any person or class of persons, directing any postmaster to refuse to accept such defendant's sexually oriented advertisements for mailing, and directing the detention of the defendant's incoming mail by any postmaster pending the conclusion of the judicial proceedings. Any action taken by a court under this subsection does not affect or determine any fact at issue in any other proceeding under this section.
(d) A civil action under this section may be brought in the judicial district in which the defendant resides, or has his principal place of business, or in any judicial district in which any sexually oriented advertisement mailed in violation of section 3010 has been delivered by mail according to the direction thereon.
(e) Nothing in this section or in section 3010 shall be construed as amending, preempting, limiting, modifying, or otherwise in any way affecting
(
Amendments
1999—Subsec. (e).
Effective Date of 1999 Amendment
Amendment by
Effective Date
Section effective first day of sixth month which begins after Aug. 12, 1970, see section 15(b) of
§3012. Civil penalties
(a) Any person—
(1) who, through the use of the mail, evades or attempts to evade the effect of an order issued under
(2) who fails to comply with an order issued under
(3) who (other than a publisher described by
shall be liable to the United States for a civil penalty in an amount not to exceed $50,000 for each mailing of less than 50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces; with an additional $10,000 for each additional 10,000 pieces above 100,000, not to exceed $2,000,000. A separate penalty may be assessed under this subsection with respect to the conduct described in each such paragraph.
(b)(1) Whenever, on the basis of any information available to it, the Postal Service finds that any person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), (c), or (d), the Postal Service may, under the provisions of
(2) If the district court determines that a person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), (c), or (d), the court shall determine the civil penalty, if any under this section, taking into account the nature, circumstances, extent, and gravity of the violation or violations of such subsection, and, with respect to the violator, the ability to pay the penalty, the effect of the penalty on the ability of the violator to conduct lawful business, any history of prior violations of such subsection, the degree of culpability, and such other matters as justice may require.
(c)(1) In any proceeding in which the Postal Service may issue an order under section 3005(a), the Postal Service may in lieu of that order or as part of that order assess civil penalties in an amount not to exceed $25,000 for each mailing of less than 50,000 pieces; $50,000 for each mailing of 50,000 to 100,000 pieces; with an additional $5,000 for each additional 10,000 pieces above 100,000, not to exceed $1,000,000.
(2) In any proceeding in which the Postal Service assesses penalties under this subsection the Postal Service shall determine the civil penalty taking into account the nature, circumstances, extent, and gravity of the violation or violations of section 3005(a), and with respect to the violator, the ability to pay the penalty, the effect of the penalty on the ability of the violator to conduct lawful business, any history of prior violations of such section, the degree of culpability and other such matters as justice may require.
(d) Any person who violates section 3001(l) shall be liable to the United States for a civil penalty not to exceed $10,000 for each mailing to an individual.
(e) All penalties collected under authority of this section shall be paid into the Treasury of the United States.
(f) In any proceeding at any time under this section, the defendant shall be entitled as a defense or counterclaim to seek judicial review, if not already had, pursuant to
(Added
Amendments
1999—Subsec. (a).
Subsec. (b)(1), (2).
Subsecs. (c) to (f).
Effective Date of 1999 Amendment
Amendment by
Effective Date
§3013. Semiannual reports on investigative activities of the Postal Service
The Postmaster General shall submit semiannual reports to the Inspector General summarizing the investigative activities of the Postal Service. One semiannual report shall be submitted for the reporting period beginning on October 1 and ending on March 31, and the other semiannual report shall be submitted for the reporting period beginning on April 1 and ending on September 30. Each such report shall be submitted within 1 month (or such shorter length of time as the Inspector General may specify) after the close of the reporting period involved and shall include with respect to such reporting period—
(1) a summary of any proceedings instituted under
(2) the number of cases in which the authority described in
(3) the number of applications for temporary restraining orders or preliminary injunctions submitted under
(4) the total amount of expenditures and obligations incurred in carrying out the investigative activities of the Postal Service;
(5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and
(6) such other information relating to the investigative activities of the Postal Service as the Inspector General may require.
The information in a report submitted under this section to the Inspector General with respect to a reporting period shall be included as part of the semiannual report prepared by the Inspector General under section 5 of the Inspector General Act of 1978 for the same reporting period. Nothing in this section shall be considered to permit or require that any report by the Postmaster General under this section include any information relating to activities of the Inspector General.
(Added
References in Text
Section 5 of the Inspector General Act of 1978, referred to in text, is section 5 of
Amendments
1999—
Par. (5).
Par. (6).
1995—
Effective Date of 1999 Amendment
Amendment by section 107(c) of
"(2)
"(3)
§3014. Nonmailable plants
(a)(1) Whenever the Secretary of Agriculture establishes a quarantine under section 8 of the Plant Quarantine Act, prohibiting the transportation by common carrier of any plant from any State or other geographic area, the Secretary shall give notice of the establishment of such quarantine to the Postal Service in writing.
(2) Upon receiving any such notice under paragraph (1), the Postal Service shall ensure that copies of such notice are prominently displayed at post offices located within each State or area covered by the quarantine, and shall take any other measures which the Postal Service considers necessary in order to inform the public both of the establishment of such quarantine and of relevant provisions of this section and
(b) Any plant, the transportation of which by common carrier from any State or other area is prohibited or restricted under any quarantine referred to in subsection (a), is nonmailable matter, and may not be accepted by the Postal Service or conveyed in the mails, if the matter involved is tendered for transmission through the mails from such State or area or if such matter first enters the mails within such State or area.
(c) The Postal Service shall, after consultation with the Secretary of Agriculture, prescribe rules and regulations permitting the mailing of a plant, and otherwise making subsection (b) of this section inapplicable with respect to such plant, if the method or manner of mailing such plant would be consistent with the procedures set forth in the rules and regulations prescribed under the fourth sentence of section 8 of the Plant Quarantine Act (relating to the inspection, disinfection, and certification of, and other conditions for, the delivery and shipment of plants otherwise subject to quarantine).
(d) For the purposes of this section—
(1) "Plant Quarantine Act" means the Act entitled "An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes", enacted August 20, 1912 1 (
(2) "plant" means any class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, any class of nursery stock (as defined by section 6 of the Plant Quarantine Act),1 and any other article or matter which is capable of carrying any dangerous plant disease or pest.
(Added
References in Text
The Act of Aug. 20, 1912, referred to in subsec. (d), is act Aug. 20, 1912, ch. 308,
Effective Date
"(a)
"(1) the 366th day after the date of the enactment of this Act [Oct. 31, 1988]; or
"(2) the first date as of which all rules and regulations required to be prescribed under the amendments made by this Act have first been published in the Federal Register. [For publication of regulations, see 54 F.R. 49978, Dec. 4, 1989.]
"(b)
1 See References in Text note below.
§3015. Nonmailable plant pests and injurious animals
(a)
(b)
(c)
(d)
(Added
References in Text
Sections 103 and 104 of the Federal Plant Pest Act (
The Plant Quarantine Act, referred to in subsec. (c), is act Aug. 20, 1912, ch. 308,
Short Title
Alien Species Prevention and Enforcement in Hawaii
"(a)
"(1)
"(2)
"(3)
"(A) make a record of the prohibited plant, plant pest, or injurious animal found in the mail;
"(B) take appropriate action to prevent the introduction of the prohibited material into Hawaii; and
"(C) determine whether the facts and circumstances warrant seeking prosecution under a law prohibiting the conveyance of a plant, plant pest, or injurious animal.
"(4)
"(A)
"(B)
"(C)
"(b)
"(1)
"(A)
"(i) the Act of August 20, 1912 (
"(ii) the Federal Plant Pest Act (
"(iii) the matter under the heading '
"(B)
"(C)
"(i) section 102 of the Department of Agriculture Organic Act of 1944 (
"(ii) section 3 of the Act of May 29, 1884 (
"(iii) section 11 of the Department of Agriculture Organic Act of 1956 (
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(4)
"(5)
"(c)
"(1)
"(A) the prohibitions against the shipment or transportation of plants, plants [sic] pests, and injurious animals; and
"(B) the consequences of violating Federal laws designed to prevent the introduction of alien species into the State of Hawaii and other areas of the United States.
"(2)
"(A) use public service announcements, mail, and other forms of distributing information, dial-up information services, and such other methods as will effectively communicate the information described in paragraph (1); and
"(B) cooperate with State and private organizations to carry out the program established under this subsection.
"(3)
"(A) conduct a study to determine the proportion of plant pests and injurious animals that are introduced into Hawaii by various modes of commerce; and
"(B) report the results of the study to Congress."
1 See References in Text note below.
§3016. Administrative subpoenas
(a)
(1)
(A)
(B)
(i) a specific case, with an individual or entity identified as the subject, be opened before a subpoena is requested;
(ii) appropriate supervisory and legal review of a subpoena request be performed; and
(iii) delegation of subpoena approval authority be limited to the Postal Service's General Counsel or a Deputy General Counsel.
(2)
(3)
(b)
(1)
(2)
(3)
(A) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity;
(B) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity; or
(C) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business.
(4)
(A) delivering a duly executed copy to the person to be served; or
(B) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business.
(5)
(c)
(1)
(2)
(d)
(Added
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Effective Date
Section effective 120 days after Dec. 12, 1999, see section 111 of
Regulations
§3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings
(a)
(1) the term "promoter" means any person who—
(A) originates and mails any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); or
(B) originates and causes to be mailed any skill contest or sweepstakes, except for any matter described in section 3001(k)(4);
(2) the term "removal request" means a request stating that an individual elects to have the name and address of such individual excluded from any list used by a promoter for mailing skill contests or sweepstakes;
(3) the terms "skill contest", "sweepstakes", and "clearly and conspicuously displayed" have the same meanings as given them in section 3001(k); and
(4) the term "duly authorized person", as used in connection with an individual, means a conservator or guardian of, or person granted power of attorney by, such individual.
(b)
(1)
(A) is nonmailable matter;
(B) shall not be carried or delivered by mail; and
(C) shall be disposed of as the Postal Service directs.
(2)
(A) is a skill contest or sweepstakes, except for any matter described in section 3001(k)(4); and
(B)(i) is addressed to an individual who made an election to be excluded from lists under subsection (d); or
(ii) does not comply with subsection (c)(1).
(c)
(1)
(A) is clearly and conspicuously displayed;
(B) includes the address or toll-free telephone number of the notification system established under paragraph (2); and
(C) states that the notification system may be used to prohibit the mailing of all skill contests or sweepstakes by that promoter to such individual.
(2)
(d)
(1)
(2)
(3)
(A) has changed the election; and
(B) elects to receive skill contest or sweepstakes mailings from that promoter.
(e)
(1)
(A) an action to enjoin such violation;
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or
(C) both such actions.
It shall be an affirmative defense in any action brought under this subsection that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent mailings in violation of subsection (d). If the court finds that the defendant willfully or knowingly violated subsection (d), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B).
(2)
(f)
(1) a removal request is received by the promoter's notification system; and
(2) the promoter has a good faith belief that the request is from—
(A) the individual whose name and address is to be excluded; or
(B) another duly authorized person.
(g)
(1)
(A)
(B)
(2)
(h)
(1)
(A) who recklessly mails nonmailable matter in violation of subsection (b) shall be liable to the United States in an amount of $10,000 per violation for each mailing to an individual of nonmailable matter; or
(B) who fails to comply with the requirements of subsection (c)(2) shall be liable to the United States.
(2)
(Added
Effective Date
§3018. Hazardous material
(a)
(b)
(1) mail or cause to be mailed hazardous material that has been declared by statute or Postal Service regulation to be nonmailable;
(2) mail or cause to be mailed hazardous material in violation of any statute or Postal Service regulation restricting the time, place, or manner in which hazardous material may be mailed; or
(3) manufacture, distribute, or sell any container, packaging kit, or similar device that—
(A) is represented, marked, certified, or sold by such person for use in the mailing of hazardous material; and
(B) fails to conform with any statute or Postal Service regulation setting forth standards for a container, packaging kit, or similar device used for the mailing of hazardous material.
(c)
(1)
(A) a civil penalty of at least $250, but not more than $100,000, for each violation;
(B) the costs of any clean-up associated with each violation; and
(C) damages.
(2)
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have had that knowledge.
(3)
(A)
(B)
(d)
(e)
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the person who committed the violation, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue in business;
(3) the impact on Postal Service operations; and
(4) any other matters that justice requires.
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(h)
(1)
(2)
(Added
CHAPTER 32 —PENALTY AND FRANKED MAIL
Amendments
1985—
1981—
1973—
§3201. Definitions
As used in this chapter—
(1) "penalty mail" means official mail, other than franked mail, which is authorized by law to be transmitted in the mail without prepayment of postage;
(2) "penalty cover" means envelopes, wrappers, labels, or cards used to transmit penalty mail;
(3) "frank" means the autographic or facsimile signature of persons authorized by
(4) "franked mail" means mail which is transmitted in the mail under a frank;
(5) "Members of Congress" includes Senators, Representatives, Delegates, and Resident Commissioners; and
(6) "missing child" has the meaning provided by section 403(1) of the Juvenile Justice and Delinquency Prevention Act of 1974.
(
References in Text
Section 403 of the Juvenile Justice and Delinquency Prevention Act of 1974, referred to in par. (6), is section 403 of
Amendments
1985—Par. (6).
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3202. Penalty mail
(a) Subject to the limitations imposed by
(1) official mail of—
(A) officers of the Government of the United States other than Members of Congress;
(B) the Smithsonian Institution;
(C) the Pan American Union;
(D) the Pan American Sanitary Bureau; and
(E) the United States Employment Service and the system of employment offices operated by it in conformity with the provisions of
(2) mail relating to naturalization to be sent to the Immigration and Naturalization Service by clerks of courts addressed to the Department of Justice or the Immigration and Naturalization Service, or any official thereof; and
(3) mail relating to a collection of statistics, survey, or census authorized by title 13 and addressed to the Department of Commerce or a bureau or agency thereof.
(b) A department or officer authorized to use penalty covers may enclose them with return address to any person from or through whom official information is desired. The penalty cover may be used only to transmit the official information and endorsements relating thereto.
(c) This section does not apply to officers who receive a fixed allowance as compensation for their services including expenses of postage.
(
Codification
Amendments
2008—Subsec. (a)(1)(D) to (F).
Subsec. (a)(2) to (4).
1993—Subsec. (a)(3), (4).
1976—Subsec. (a)(5).
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 1976 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
Payment of Postage for State Unemployment Compensation Systems and Employment Services
Similar provisions were contained in the following prior appropriation acts:
Jan. 11, 1971,
Mar. 5, 1970,
Oct. 11, 1968,
Nov. 8, 1967,
Nov. 7, 1966,
Aug. 31, 1965,
Sept. 19, 1964,
Oct. 11, 1963,
Aug. 14, 1962,
Sept. 22, 1961,
Sept. 2, 1960,
Aug. 14, 1959,
Aug. 1, 1958,
June 29, 1957,
June 29, 1956, ch. 477, title I,
Aug. 1, 1955, ch. 437, title I,
July 2, 1954, ch. 457, title I,
July 31, 1953, ch. 296, title I,
July 5, 1952, ch. 575, title I,
Aug. 31, 1951, ch. 373, title I,
Sept. 6, 1950, ch. 896, ch. V, title I,
June 29, 1949, ch. 275, title II,
June 16, 1948, ch. 472, title I,
§3203. Endorsements on penalty covers
(a) Except as otherwise provided in this section, penalty covers shall bear, over the words "Official Business" an endorsement showing the name of the department, bureau, or office from which, or officer from whom, it is transmitted. The penalty for the unlawful use of all penalty covers shall be printed thereon.
(b) The Postal Service shall prescribe the endorsement to be placed on covers mailed under clauses (1)(E), (2), and (3) of
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3204. Restrictions on use of penalty mail
(a) Except as otherwise provided in this section or
(1) a request therefor has been previously received by the department or establishment; or
(2) its mailings is required by law.
(b) Subsection (a) of this section does not prohibit the mailing, as penalty mail, by an officer, executive department, or independent agency of—
(1) enclosures reasonably related to the subject matter of official correspondence;
(2) informational releases relating to the census of the United States and authorized by title 13;
(3) matter concerning the sale of Government securities;
(4) forms, blanks, and copies of statutes, rules, regulations, instructions, administrative orders, and interpretations necessary in the administration of the department or establishment;
(5) agricultural bulletins;
(6) lists of public documents offered for sale by the Superintendent of Documents;
(7) announcements of the publication of maps, atlases, and statistical and other reports offered for sale by the Federal Power Commission as authorized by
(8) articles or documents to educational institutions or public libraries, or to Federal, State, or other public authorities.
(
Amendments
1985—Subsec. (a).
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Transfer of Functions
Federal Power Commission terminated and its functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by
§3205. Accounting for penalty covers
Executive departments and agencies, independent establishments of the Government of the United States, and organizations and persons authorized by law to use penalty mail, shall account for all penalty covers through the Postal Service.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3206. Reimbursement for penalty mail service
(a) Except as provided in subsection (b) of this section, executive departments and agencies, independent establishments of the Government of the United States, and Government corporations concerned, shall transfer to the Postal Service as postal revenue out of any appropriations or funds available to them, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails by or to them as penalty mail under authority of
(b) The Department of Agriculture shall transfer to the Postal Service as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clauses (1)(F) and (4) of
(c) The Department of State shall transfer to the Postal Service as postal revenues out of any appropriations made to it for that purpose the equivalent amount of postage, as determined by the Postal Service, for penalty mailings under clause (1)(C) and (D) of
(
Amendments
1976—Subsec. (a).
Subsecs. (c), (d).
1973—Subsec. (d).
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3207. Limit of weight of penalty mail; postage on overweight matter
(a) Penalty mail is restricted to articles not in excess of the weight and size prescribed for that class of mail receiving high priority in handling and delivery, except—
(1) stamped paper and supplies sold or used by the Postal Service; and
(2) books and documents published or circulated by order of Congress when mailed by the Superintendent of Documents.
(b) A penalty mail article which is—
(1) over 4 pounds in weight;
(2) not in excess of the weight and size prescribed for mail matter; and
(3) otherwise mailable;
is mailable at rates for that class of mail entitled to the lowest priority in handling and delivery, even though it may include written matter and may be sealed.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3208. Shipment by most economical means
Shipments of official matter other than franked mail shall be sent by the most economical means of transportation practicable. The Postal Service may refuse to accept official matter for shipment by mail when in its judgment it may be shipped by other means at less expense, or it may provide for its transportation by freight or express whenever a saving to the Government of the United States will result therefrom without detriment to the public service.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3209. Executive departments to supply information
Persons and governmental organizations authorized to use penalty mail shall supply all information requested by the Postal Service necessary to carry out the provisions of this chapter as soon as practicable after request therefor.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3210. Franked mail transmitted by the Vice President, Members of Congress, and congressional officials
(a)(1) It is the policy of the Congress that the privilege of sending mail as franked mail shall be established under this section in order to assist and expedite the conduct of the official business, activities, and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official business, activities, and duties cover all matters which directly or indirectly pertain to the legislative process or to any congressional representative functions generally, or to the functioning, working, or operating of the Congress and the performance of official duties in connection therewith, and shall include, but not be limited to, the conveying of information to the public, and the requesting of the views of the public, or the views and information of other authority of government, as a guide or a means of assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter which is frankable specifically includes, but is not limited to—
(A) mail matter to any person and to all agencies and officials of Federal, State, and local governments regarding programs, decisions, and other related matters of public concern or public service, including any matter relating to actions of a past or current Congress;
(B) the usual and customary congressional newsletter or press release which may deal with such matters as the impact of laws and decisions on State and local governments and individual citizens; reports on public and official actions taken by Members of Congress; and discussions of proposed or pending legislation or governmental actions and the positions of the Members of Congress on, and arguments for or against, such matters;
(C) the usual and customary congressional questionnaire seeking public opinion on any law, pending or proposed legislation, public issue, or subject;
(D) mail matter dispatched by a Member of Congress between his Washington office and any congressional district offices, or between his district offices;
(E) mail matter directed by one Member of Congress to another Member of Congress or to representatives of the legislative bodies of State and local governments;
(F) mail matter expressing congratulations to a person who has achieved some public distinction;
(G) mail matter, including general mass mailings, which consists of Federal laws, Federal regulations, other Federal publications, publications purchased with Federal funds, or publications containing items of general information;
(H) mail matter which consists of voter registration or election information or assistance prepared and mailed in a nonpartisan manner;
(I) mail matter which constitutes or includes a biography or autobiography of any Member of, or Member-elect to, Congress or any biographical or autobiographical material concerning such Member or Member-elect or the spouse or other members of the family of such Member or Member-elect, and which is so mailed as a part of a Federal publication or in response to a specific request therefor and is not included for publicity purposes in a newsletter or other general mass mailing of the Member or Member-elect under the franking privilege; or
(J) mail matter which contains a picture, sketch, or other likeness of any Member or Member-elect and which is so mailed as a part of a Federal publication or in response to a specific request therefor and, when contained in a newsletter or other general mass mailing of any Member or Member-elect, is not of such size, or does not occur with such frequency in the mail matter concerned, as to lead to the conclusion that the purpose of such picture, sketch, or likeness is to advertise the Member or Member-elect rather than to illustrate accompanying text.
(4) It is the intent of the Congress that the franking privilege under this section shall not permit, and may not be used for, the transmission through the mails as franked mail, of matter which in its nature is purely personal to the sender or to any other person and is unrelated to the official business, activities, and duties of the public officials covered by subsection (b)(1) of this section.
(5) It is the intent of the Congress that a Member of or Member-elect to Congress may not mail as franked mail—
(A) mail matter which constitutes or includes any article, account, sketch, narration, or other text laudatory and complimentary of any Member of, or Member-elect to, Congress on a purely personal or political basis rather than on the basis of performance of official duties as a Member or on the basis of activities as a Member-elect;
(B) mail matter which constitutes or includes—
(i) greetings from the spouse or other members of the family of such Member or Member-elect unless it is a brief reference in otherwise frankable mail;
(ii) reports of how or when such Member or Member-elect, or the spouse or any other member of the family of such Member or Member-elect, spends time other than in the performance of, or in connection with, the legislative, representative, and other official functions of such Member or the activities of such Member-elect as a Member-elect; or
(iii) any card expressing holiday greetings from such Member or Member-elect; or
(C) mail matter which specifically solicits political support for the sender or any other person or any political party, or a vote or financial assistance for any candidate for any public office.
The House Commission on Congressional Mailing Standards and the Select Committee on Standards and Conduct of the Senate shall prescribe for their respective Houses such rules and regulations and shall take such other action, as the Commission or Committee considers necessary and proper for the Members and Members-elect to conform to the provisions of this clause and applicable rules and regulations. Such rules and regulations shall include, but not be limited to, provisions prescribing the time within which such mailings shall be mailed at or delivered to any postal facility to attain compliance with this clause and the time when such mailings shall be deemed to have been so mailed or delivered and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or Member-elect to, Congress may not mail any mass mailing as franked mail—
(i) if the mass mailing is postmarked fewer than 60 days (or, in the case of a Member of the House, fewer than 90 days) immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member is a candidate for reelection; or
(ii) in the case of a Member of, or Member-elect to, the House who is a candidate for any other public office, if the mass mailing—
(I) is prepared for delivery within any portion of the jurisdiction of or the area covered by the public office which is outside the area constituting the congressional district from which the Member or Member-elect was elected; or
(II) is postmarked fewer than 90 days immediately before the date of any primary election or general election (whether regular, special, or runoff) in which the Member or Member-elect is a candidate for any other public office.
(B) Any mass mailing which is mailed by the chairman of any organization referred to in the last sentence of
(C) No Member of the Senate may mail any mass mailing as franked mail if such mass mailing is postmarked fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) for any national, State or local office in which such Member is a candidate for election.
(D) The Select Committee on Ethics of the Senate and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations, and shall take other action as the Committee or the Commission considers necessary and proper for Members and Members-elect to comply with the provisions of this paragraph and applicable rules and regulations. The rules and regulations shall include provisions prescribing the time within which mailings shall be mailed at or delivered to any postal facility and the time when the mailings shall be deemed to have been mailed or delivered to comply with the provisions of this paragraph.
(E) As used in this section, the term "mass mailing" means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 500 pieces in that session, except that such term does not include any mailing—
(i) of matter in direct response to a communication from a person to whom the matter is mailed;
(ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; or
(iii) of a news release to the communications media.
(F) For purposes of subparagraphs (A) and (C) if mail matter is of a type which is not customarily postmarked, the date on which such matter would have been postmarked if it were of a type customarily postmarked shall apply.
(7) A Member of the House of Representatives may not send any mass mailing outside the congressional district from which the Member was elected.
(b)(1) The Vice President, each Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the elected officers of the House of Representatives (other than a Member of the House), the Legislative Counsels of the House of Representatives and the Senate, the Law Revision Counsel of the House of Representatives, and the Senate Legal Counsel, may send, as franked mail, matter relating to their official business, activities, and duties, as intended by Congress to be mailable as franked mail under subsection (a)(2) and (3) of this section.
(2) If a vacancy occurs in the Office of the Secretary of the Senate, the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), the Legislative Counsel of the House of Representatives or the Senate, the Law Revision Counsel of the House of Representatives, or the Senate Legal Counsel, any authorized person may exercise the franking privilege in the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, and each of the elected officers of the House (other than a Member of the House), during the 90-day period immediately following the date on which they leave office, may send, as franked mail, matter on official business relating to the closing of their respective offices. The House Commission on Congressional Mailing Standards and the Select Committee on Standards and Conduct of the Senate shall prescribe for their respective Houses such rules and regulations, and shall take such other action as the Commission or Committee considers necessary and proper, to carry out the provisions of this paragraph.
(c) Franked mail may be in any form appropriate for mail matter, including, but not limited to, correspondence, newsletters, questionnaires, recordings, facsimiles, reprints, and reproductions. Franked mail shall not include matter which is intended by Congress to be nonmailable as franked mail under subsection (a)(4) and (5) of this section.
(d)(1) A Member of Congress may mail franked mail with a simplified form of address for delivery within that area constituting the congressional district or State from which the Member was elected.
(2) A Member-elect to the Congress may mail franked mail with a simplified form of address for delivery within that area constituting the congressional district or the State from which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner, or Resident Commissioner-elect to the House of Representatives may mail franked mail with a simplified form of address for delivery within the area from which he was elected.
(4) Any franked mail which is mailed under this subsection shall be mailed at the equivalent rate of postage which assures that the mail will be sent by the most economical means practicable.
(5) The Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations governing any franked mail which is mailed under this subsection and shall by regulation limit the number of such mailings allowed under this subsection
(6)(A) Any Member of, or Member-elect to, the House of Representatives entitled to make any mailing as franked mail under this subsection shall, before making any mailing, submit a sample or description of the mail matter involved to the House Commission on Congressional Mailing Standards for an advisory opinion as to whether the proposed mailing is in compliance with the provisions of this subsection.
(B) The Senate Select Committee on Ethics may require any Member of, or Member-elect to, the Senate entitled to make any mailings as franked mail under this subsection to submit a sample or description of the mail matter to the Committee for an advisory opinion as to whether the proposed mailing is in compliance with the provisions of this subsection.
(7) Franked mail mailed with a simplified form of address under this subsection—
(A) shall be prepared as directed by the Postal Service; and
(B) may be delivered to—
(i) each box holder or family on a rural or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier route.
(8) For the purposes of this subsection, a congressional district includes, in the case of a Representative at Large or Representative at Large-elect, the State from which he was elected.
(e) The frankability of mail matter shall be determined under the provisions of this section by the type and content of the mail sent, or to be sent.
(f) Any mass mailing which otherwise would be permitted to be mailed as franked mail under this section shall not be so mailed unless the cost of preparing and printing the mail matter is paid exclusively from funds appropriated by Congress, except that an otherwise frankable mass mailing may contain, as an enclosure or supplement, any public service material which is purely instructional or informational in nature, and which in content is frankable under this section.
(g) Notwithstanding any other provision of Federal, State, or local law, or any regulation thereunder, the equivalent amount of postage determined under
(
Amendments
2006—Subsec. (a)(6)(C).
1996—Subsec. (a)(6)(A)(i).
Subsec. (a)(6)(A)(ii)(II).
1992—Subsec. (a)(7).
"(A) a Member of the House of Representatives may send mass mailings to any area in a county, if any part of the county adjoins or is inside the congressional district of the Member; and
"(B) in the case of redistricting, on and after the date referred to in subsection (d)(1)(B), a Member of the House of Representatives may send mass mailings to the additional area described in that section".
Subsec. (d)(1).
1990—Subsec. (a)(6)(E).
"(i) which are in direct response to communications from persons to whom the matter is mailed;
"(ii) to colleagues in the Congress or to government officials (whether Federal, State, or local); or
"(iii) of news releases to the communications media."
Subsec. (a)(7).
1989—Subsec. (a)(6).
Subsec. (a)(6)(A)(i), (ii)(II).
Subsec. (a)(6)(F).
1982—Subsec. (b)(1), (2).
1981—Subsec. (a)(3)(F).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
1978—Subsec. (b)(1), (2).
1975—Subsec. (b)(1).
Subsec. (b)(3).
1973—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsecs. (c) to (f).
1971—
Effective Date of 1996 Amendment
Effective Date of 1992 Amendment
Effective Date of 1990 Amendment
Amendment by section 311(h)(1) of
Effective Date of 1981 Amendment
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1973 Amendment
"(a) Except as provided in subsection (b) of this section, the provisions of this Act [enacting
"(b) The provisions of
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Separability
Mass Mailings by Senators
"
"
"(b) For the purposes of this paragraph—
"(1) the term 'mass mailing'—
"(A) means, with respect to a session of Congress, a mailing of more than 500 newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), but
"(B) does not include a mailing—
"(i) of matter in direct response to a communication from a person to whom the matter is mailed;
"(ii) to other Members of Congress or to a Federal, State, or local government official;
"(iii) of a news release to the communications media;
"(iv) of a town meeting notice, but no such mailing may be made fewer than 60 days immediately before the date of any primary election or general election (whether regular, special, or runoff) for any Federal, State, or local office in which a Member of the Senate is a candidate for election; or
"(v) of a Federal publication or other item that is provided by the Senate to all Senators or made available by the Senate for purchase by all Senators from official funds specifically for distribution.
"(c) Except as provided in section 5, a Senator may not mail a mass mailing under the frank.
"(d) The Senate Committee on Rules and Administration shall prescribe rules and regulations and take other action as the Committee considers necessary and proper for Senators to comply with this section and regulations."
"(1) is prepared by or for the Senator who makes the mailing; or
"(2) contains information concerning, expresses the views of, or otherwise relates to the Senator who makes the mailing."
[
§3211. Public documents
The Vice President, Members of Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, each of the elected officers of the House of Representatives (other than a Member of the House) during the 90-day period immediately following the expiration of their respective terms of office, may send and receive as franked mail all public documents printed by order of Congress.
(
Amendments
1981—
1973—
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3212. Congressional Record under frank of Members of Congress
(a) Members of Congress may send the Congressional Record as franked mail.
(b) Members of Congress may send, as franked mail, any part of, or a reprint of any part of, the Congressional Record, including speeches or reports contained therein, if such matter is mailable as franked mail under
(
Amendments
1973—Subsec. (a).
Subsec. (b).
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3213. Seeds and reports from Department of Agriculture
Seeds and agricultural reports emanating from the Department of Agriculture may be mailed—
(1) as penalty mail by the Secretary of Agriculture; and
(2) during the 90-day period immediately following the expiration of their terms of office, as franked mail by Members of Congress.
(
Amendments
1981—Par. (2).
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3214. Mailing privilege of former President; surviving spouse of former President
A former President and the surviving spouse of a former President may send nonpolitical mail within the United States and its territories and possessions as franked mail. Such mail of a former President and of the surviving spouse of a former President marked "Postage and Fees Paid" in the manner prescribed by the Postal Service shall be accepted by the Postal Service for transmission in the international mails.
(
Amendments
1997—
"(1) 5 years after the effective date of this subsection, in the case of any individual who, on such effective date—
"(A) is a former President (including any individual who might become entitled to the mailing privilege under subsection (a) as the surviving spouse of such a former President); or
"(B) is the surviving spouse of a former President; and
"(2) 4 years and 6 months after the expiration of the period for which services and facilities are authorized to be provided under section 4 of the Presidential Transition Act of 1963 (
1993—
1973—
Effective Date of 1993 Amendment
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3215. Lending or permitting use of frank unlawful
A person entitled to use a frank may not lend it or permit its use by any committee, organization, or association, or permit its use by any person for the benefit or use of any committee, organization, or association. This section does not apply to any standing, select, special, or joint committee, or subcommittee thereof, or commission, of the Senate, House of Representatives, or Congress, composed of Members of Congress, or to the Democratic caucus or the Republican conference of the House of Representatives or of the Senate.
(
Amendments
1973—
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3216. Reimbursement for franked mailings
(a) The equivalent of—
(1) postage on, and fees and charges in connection with, mail matter sent through the mails—
(A) under the franking privilege (other than under
(B) by the survivors of a Member of Congress under
(2) those portions of fees and charges to be paid for handling and delivery by the Postal Service of Mailgrams considered as franked mail under
shall be paid by appropriations for the official mail costs of the Senate and the House of Representatives for that purpose and then paid to the Postal Service as postal revenue. Except as to Mailgrams and except as provided by
(b) Postage on, and fees and charges in connection with, mail matter sent through the mails under
(c) Payment under subsection (a) or (b) of this section shall be deemed payment for all matter mailed under the frank and for all fees and charges due the Postal Service in connection therewith.
(d) Money collected for matter improperly mailed under the franking privilege shall be deposited as miscellaneous receipts in the general fund of the Treasury.
(e)(1) Not later than two weeks after the last day of each quarter of the fiscal year, or as soon as practicable thereafter, the Postmaster General shall send to the Chief Administrative Officer of the House of Representatives, the House Commission on Congressional Mailing Standards, the Secretary of the Senate, and the Senate Committee on Rules and Administration a report which shall contain a tabulation of the estimated number of pieces and costs of franked mail, as defined in
(2) Two weeks after the close of the second quarter of the fiscal year, or as soon as practicable thereafter, the Postmaster General shall send to the Chief Administrative Officer of the House of Representatives, the House Commission on Congressional Mailing Standards, the Committee on House Oversight, the Secretary of the Senate, and the Senate Committee on Rules and Administration, a statement of the costs of postage on, and fees and charges in connection with, mail matter sent through the mails as described in paragraph (1) of this subsection for the preceding two quarters together with an estimate of such costs for the balance of the fiscal year. As soon as practicable after receipt of this statement, the House Commission on Congressional Mailing Standards, the Committee on House Oversight, and the Senate Committee on Rules and Administration shall consider promulgating such regulations for their respective Houses as may be necessary to ensure that total postage costs, as described in paragraph (1) of this subsection, will not exceed the amounts available for the fiscal year.
(
Amendments
1996—Subsec. (e).
1991—Subsec. (e)(2).
1990—
1989—Subsec. (a).
Subsec. (e).
1982—Subsec. (a)(1)(A).
1981—Subsec. (a)(1)(B).
1978—Subsec. (a)(1)(A).
1974—Subsec. (a).
1973—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
1971—Subsec. (a).
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1989 Amendment
Section 316(b), formerly section 316(c), of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain
Correspondence of the members of the diplomatic corps of the countries of the Postal Union of the Americas and Spain stationed in the United States may be reciprocally transmitted in the domestic mails free of postage, and be entitled to free registration without right to indemnity in case of loss. The same privilege is accorded consuls and vice consuls when they are discharging the function of consuls of countries stationed in the United States, for official correspondence among themselves, and with the Government of the United States.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Free Mailing Privileges Continue Unchanged
§3218. Franked mail for survivors of Members of Congress
Upon the death of a Member of Congress during his term of office, the surviving spouse of such Member (or, if there is no surviving spouse, a member of the immediate family of the Member designated by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, in accordance with rules and procedures established by the Secretary or the Clerk) may send, for a period not to exceed 180 days after his death, as franked mail, nonpolitical correspondence relating to the death of the Member.
(
Amendments
1981—
1973—
Effective Date of 1973 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3219. Mailgrams
Any Mailgram sent by the Vice President, a Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), the Legislative Counsel of the House of Representatives or the Senate, the Law Revision Counsel of the House of Representatives, or the Senate Legal Counsel, and then delivered by the Postal Service, shall be considered as franked mail, subject to
(Added
Amendments
1982—
1978—
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective Dec. 18, 1973, see section 14 of
§3220. Use of official mail in the location and recovery of missing children
(a)(1) The Office of Juvenile Justice and Delinquency Prevention, after consultation with appropriate public and private agencies, shall prescribe general guidelines under which penalty mail may be used to assist in the location and recovery of missing children. The guidelines shall provide information relating to—
(A) the form and manner in which materials and information relating to missing children (such as biographical data and pictures, sketches, or other likenesses) may be included in penalty mail;
(B) appropriate sources from which such materials and information may be obtained;
(C) the procedures by which such materials and information may be obtained; and
(D) any other matter which the Office considers appropriate.
(2) Each executive department and independent establishment of the Government of the United States shall prescribe regulations under which penalty mail sent by such department or establishment may be used in conformance with the guidelines prescribed under paragraph (1).
(b) The Senate Committee on Rules and Administration and the House Commission on Congressional Mailing Standards shall prescribe for their respective Houses rules and regulations, and shall take such other action as the Committee or Commission considers necessary and proper, in order that purposes similar to those of subsection (a) may, in the discretion of the congressional official or office concerned, be carried out by the use of franked mail sent by such official or office.
(c) As used in this section, "Office of Juvenile Justice and Delinquency Prevention" and "Office" each means the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice, as established by section 201 of the Juvenile Justice and Delinquency Prevention Act of 1974.
(Added
References in Text
Section 201 of the Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (c), is section 201 of
Termination Date
Issuance of Guidelines, Rules, and Regulations
"(a)
"(b)
Reporting Requirements
Clarification Relating to Coordination of Government Programs
CHAPTER 34 —ARMED FORCES AND FREE POSTAGE
Amendments
1986—
1979—
§3401. Mailing privileges of members of Armed Forces of the United States and of friendly foreign nations
(a) Letter mail or sound- or video-recorded communications having the character of personal correspondence shall be carried, at no cost to the sender, in the manner provided by this section, when mailed by—
(1) an individual who is a member of the Armed Forces of the United States on active duty, as defined in
(A) such letter mail or 1 sound- or video-recorded communication is mailed by such individual at an Armed Forces post office established in an overseas area, as designated by the President, where the Armed Forces of the United States are engaged in action against an enemy of the United States, engaged in military operations involving armed conflict with a hostile foreign force, engaged in temporary military operations under arduous circumstances, serving with a friendly foreign force in an armed conflict in which the United States is not a belligerent, or temporarily deployed overseas for an operational contingency in arduous circumstances, as determined by the Secretary of Defense; or
(B) such individual is hospitalized in a facility under the jurisdiction of the Armed Forces of the United States as a result of disease or injury incurred as a result of service in an overseas area designated by the President under clause (A) of this paragraph; or
(2) a member of an armed force of a friendly foreign nation at an Armed Forces post office and addressed to a place within the delivery limits of a United States post office, or a post office of the nation in whose armed forces the sender is a member, if—
(A) the member is accorded free mailing privileges by his own government;
(B) the foreign nation extends similar free mailing privileges to a member of the Armed Forces of the United States serving with, or in, a unit under the control of a command of that foreign nation;
(C) the member is serving with, or in, a unit under the operational control of a command of the Armed Forces of the United States;
(D) such letter mail or sound- or video-recorded communication is mailed by the member—
(i) at an Armed Forces post office established in an overseas area, as designated by the President, where the Armed Forces of the United States are engaged in action against an enemy of the United States, engaged in military operations involving armed conflict with a hostile foreign force, or serving with a friendly foreign force in an armed conflict in which the United States is not a belligerent; or
(ii) while hospitalized in a facility under the jurisdiction of the Armed Forces of the United States as a result of disease or injury incurred as a result of services in an overseas area designated by the President under clause (D)(i) of this paragraph; and
(E) the nation in whose armed forces the sender is a member has agreed to assume all international postal transportation charges incurred.
(b) There shall be transported by air, between Armed Forces post offices which are located outside the 48 contiguous States of the United States or between any such Armed Forces post office and the point of embarkation or debarkation within the United States, the territories and possessions of the United States in the Pacific area, the Commonwealth of Puerto Rico, or the Virgin Islands, on a space available basis, on certificated United States air carriers or, for carriage of mail in foreign air transportation, other air carriers, air taxi operators or foreign air carriers as permitted by
(1)(A) letter mail or sound- or video-recorded communications having the character of personal correspondence;
(B) parcels not exceeding 15 pounds in weight and 60 inches in length and girth combined; and
(C) publications entitled to a periodical publication rate published once each week or more frequently and featuring principally current news of interest to members of the Armed Forces and the general public,
which are mailed at or addressed to any such Armed Forces post office;
(2) parcels not exceeding 70 pounds in weight and the maximum size allowed by the Postal Service for fourth class parcel post (known as "Standard Mail (B)"), which are mailed at any such Armed Forces post office; and
(3) parcels exceeding 15 pounds but not exceeding 70 pounds in weight and not exceeding the maximum size allowed by the Postal Service for fourth class parcel post (known as "Standard Mail (B)"), including surface-type official mail, which are mailed at or addressed to any such Armed Forces post office where adequate surface transportation is not available.
(c) Any parcel, other than a parcel mailed at a rate of postage requiring priority of handling and delivery, not exceeding 30 pounds in weight and 60 inches in length and girth combined, which is mailed at or addressed to any Armed Forces post office established under
(d) The Department of Defense shall transfer to the Postal Service as postal revenues, out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, the equivalent amount of postage due, as determined by the Postal Service, for matter sent in the mails under authority of subsection (a) of this section.
(e) The Department of Defense shall transfer to the Postal Service as postal revenues, out of any appropriations or funds available to the Department of Defense, as a necessary expense of the appropriations or funds and of the activities concerned, sums equal to the expenses incurred by the Postal Service, as determined by the Postal Service, in providing air transportation for mail mailed at or addressed to Armed Forces post offices established under
(f) This section shall be administered under such conditions, and under such regulations, as the Postal Service and the Secretary of Defense jointly may prescribe.
(g) In this section:
(1) The term "military aircraft" means an aircraft owned, operated, or chartered by the Department of Defense.
(2) The term "United States air carrier" has the meaning given the term "air carrier" in
(
Amendments
2008—Subsec. (b).
Subsec. (c).
2004—Subsec. (b).
Subsec. (c).
Subsec. (g).
2000—Subsec. (b)(2), (3).
1994—Subsecs. (b), (c).
1993—Subsec. (a)(1).
1992—Subsec. (a)(1).
1990—Subsec. (a).
Subsec. (a)(1)(A).
Subsecs. (a)(2)(D), (b)(1)(A).
1984—Subsecs. (b), (c).
1979—Subsec. (b).
1972—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsecs. (c) to (f).
Effective Date of 2008 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Operation Desert Shield
Executive Order No. 11255
Ex. Ord. No. 11255, Nov. 1, 1965, 30 F.R. 14135, which designated Vietnam and certain waters adjacent thereto as an overseas combat area where the Armed Forces of the United States are engaged in military operations involving armed conflict with a hostile foreign force, for purposes of sections 4169 and 4303 of former Title 39, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ex. Ord. No. 12556. Delegation of Functions to Secretary of Defense
Ex. Ord. No. 12556, Apr. 16, 1986, 51 F.R. 13205, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
Ronald Reagan.
1 See 1990 Amendment note below.
[§3402. Repealed. Pub. L. 96–70, title I, §1331(e)(3)(A), Sept. 27, 1979, 93 Stat. 482 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1979, see section 3304 of
§3403. Matter for blind and other handicapped persons
(a) The matter described in subsection (b) of this section (other than matter mailed under
(1) the matter is for the use of the blind or other persons who cannot use or read conventionally printed material because of a physical impairment and who are certified by competent authority as unable to read normal reading material in accordance with the provisions of
(2) no charge, or rental, subscription, or other fee, is required for such matter or a charge, or rental, subscription, or other fee is required for such matter not in excess of the cost thereof;
(3) the matter may be opened by the Postal Service for inspection; and
(4) the matter contains no advertising.
(b) The free mailing privilege provided by subsection (a) of this section is extended to—
(1) reading matter and musical scores;
(2) sound reproductions;
(3) paper, records, tapes, and other material for the production of reading matter, musical scores, or sound reproductions;
(4) reproducers or parts thereof, for sound reproductions; and
(5) braille writers, typewriters, educational or other materials or devices, or parts thereof, used for writing by, or specifically designed or adapted for use of, a blind person or a person having a physical impairment as described in subsection (a)(1) of this section.
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3404. Unsealed letters sent by blind or physically handicapped persons
Unsealed letters sent by a blind person or a person having a physical impairment, as described in
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3405. Markings
All matter relating to blind or other handicapped persons mailed under
(
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
§3406. Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act
(a) Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act (individually or in bulk)—
(1) shall be carried expeditiously and free of postage; and
(2) may be mailed at a post office established outside the United States under
(b) As used in this section, the term "balloting materials" has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act.
(Added
References in Text
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in text, is
Effective Date
Section applicable with respect to elections taking place after Dec. 31, 1987, see section 204 of
CHAPTER 36 —POSTAL RATES, CLASSES, AND SERVICES
SUBCHAPTER I—PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS
SUBCHAPTER II—PROVISIONS RELATING TO COMPETITIVE PRODUCTS
SUBCHAPTER III—PROVISIONS RELATING TO EXPERIMENTAL AND NEW PRODUCTS
SUBCHAPTER IV—REPORTING REQUIREMENTS AND RELATED PROVISIONS
SUBCHAPTER V—POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW
SUBCHAPTER VI—GENERAL
SUBCHAPTER VII—MODERN SERVICE STANDARDS
Amendments
2006—
1998—
1993—
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS
Prior Provisions
A prior subchapter I of this chapter consisted of sections 3601 to 3604, prior to amendment by
Section 3601,
Section 3602,
Amendments
2006—
§3621. Applicability; definitions
(a)
(1) first-class mail letters and sealed parcels;
(2) first-class mail cards;
(3) periodicals;
(4) standard mail;
(5) single-piece parcel post;
(6) media mail;
(7) bound printed matter;
(8) library mail;
(9) special services; and
(10) single-piece international mail,
subject to any changes the Postal Regulatory Commission may make under section 3642.
(b)
(Added
Prior Provisions
A prior section 3621,
Ratemaking Limitations
"(A)
"(B)
§3622. Modern rate regulation
(a)
(b)
(1) To maximize incentives to reduce costs and increase efficiency.
(2) To create predictability and stability in rates.
(3) To maintain high quality service standards established under section 3691.
(4) To allow the Postal Service pricing flexibility.
(5) To assure adequate revenues, including retained earnings, to maintain financial stability.
(6) To reduce the administrative burden and increase the transparency of the ratemaking process.
(7) To enhance mail security and deter terrorism.
(8) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Postal Service from making changes of unequal magnitude within, between, or among classes of mail.
(9) To allocate the total institutional costs of the Postal Service appropriately between market-dominant and competitive products.
(c)
(1) 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;
(2) the requirement that each class of mail or type of mail service bear the direct and indirect postal costs attributable to each class or type of mail service through reliably identified causal relationships plus that portion of all other costs of the Postal Service reasonably assignable to such class or type;
(3) 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;
(4) the available alternative means of sending and receiving letters and other mail matter at reasonable costs;
(5) 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;
(6) 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;
(7) the importance of pricing flexibility to encourage increased mail volume and operational efficiency;
(8) 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;
(9) the importance of providing classifications with extremely high degrees of reliability and speed of delivery and of providing those that do not require high degrees of reliability and speed of delivery;
(10) the desirability of special classifications for both postal users and the Postal Service in accordance with the policies of this title, including agreements between the Postal Service and postal users, when available on public and reasonable terms to similarly situated mailers, that—
(A) either—
(i) improve the net financial position of the Postal Service through reducing Postal Service costs or increasing the overall contribution to the institutional costs of the Postal Service; or
(ii) enhance the performance of mail preparation, processing, transportation, or other functions; and
(B) do not cause unreasonable harm to the marketplace.
(11) the educational, cultural, scientific, and informational value to the recipient of mail matter;
(12) the need for the Postal Service to increase its efficiency and reduce its costs, including infrastructure costs, to help maintain high quality, affordable postal services;
(13) the value to the Postal Service and postal users of promoting intelligent mail and of secure, sender-identified mail; and
(14) the policies of this title as well as such other factors as the Commission determines appropriate.
(d)
(1)
(A) include an annual limitation on the percentage changes in rates to be set by the Postal Regulatory Commission that will be equal to the change in the Consumer Price Index for All Urban Consumers unadjusted for seasonal variation over the most recent available 12-month period preceding the date the Postal Service files notice of its intention to increase rates;
(B) establish a schedule whereby rates, when necessary and appropriate, would change at regular intervals by predictable amounts;
(C) not later than 45 days before the implementation of any adjustment in rates under this section, including adjustments made under subsection (c)(10)—
(i) require the Postal Service to provide public notice of the adjustment;
(ii) provide an opportunity for review by the Postal Regulatory Commission;
(iii) provide for the Postal Regulatory Commission to notify the Postal Service of any noncompliance of the adjustment with the limitation under subparagraph (A); and
(iv) require the Postal Service to respond to the notice provided under clause (iii) and describe the actions to be taken to comply with the limitation under subparagraph (A);
(D) establish procedures whereby the Postal Service may adjust rates not in excess of the annual limitations under subparagraph (A); and
(E) notwithstanding any limitation set under subparagraphs (A) and (C), and provided there is not sufficient unused rate authority under paragraph (2)(C), establish procedures whereby rates may be adjusted on an expedited basis due to either extraordinary or exceptional circumstances, provided that the Commission determines, after notice and opportunity for a public hearing and comment, and within 90 days after any request by the Postal Service, that such adjustment is reasonable and equitable and necessary to enable the Postal Service, under best practices of 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.
(2)
(A)
(B)
(C)
(i)
(I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and
(II) the amount of the rate adjustment the Postal Service actually makes in that year.
(ii)
(iii)
(I) may use unused rate adjustment authority from more than 1 year;
(II) may use any part of the unused rate adjustment authority from any year;
(III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and
(IV) for any class or service, may not exceed the annual limitation under paragraph (1) by more than 2 percentage points.
(3)
(e)
(1)
(2)
(A) the discount is—
(i) associated with a new postal service, a change to an existing postal service, or with a new work share initiative related to an existing postal service; and
(ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service and the portion of the discount in excess of the cost that the Postal Service avoids as a result of the workshare activity will be phased out over a limited period of time;
(B) the amount of the discount above costs avoided—
(i) is necessary to mitigate rate shock; and
(ii) will be phased out over time;
(C) the discount is provided in connection with subclasses of mail consisting exclusively of mail matter of educational, cultural, scientific, or informational value; or
(D) reduction or elimination of the discount would impede the efficient operation of the Postal Service.
(3)
(A) lead to a loss of volume in the affected category or subclass of mail and reduce the aggregate contribution to the institutional costs of the Postal Service from the category or subclass subject to the discount below what it otherwise would have been if the discount had not been reduced or eliminated; or
(B) result in a further increase in the rates paid by mailers not able to take advantage of the discount.
(4)
(A) explains the Postal Service's reasons for establishing the rate;
(B) sets forth the data, economic analyses, and other information relied on by the Postal Service to justify the rate; and
(C) certifies that the discount will not adversely affect rates or services provided to users of postal services who do not take advantage of the discount rate.
(f)
(Added
References in Text
The date of enactment of this section and the date of enactment of the Postal Accountability and Enhancement Act, referred to in subsecs. (a), (d)(2)(A), (3), and (f), are the date of enactment of
Prior Provisions
A prior section 3622,
[§§3623 to 3625. Repealed. Pub. L. 109–435, title II, §201(b), Dec. 20, 2006, 120 Stat. 3205 ]
Section 3623,
Section 3624,
Section 3625,
§3626. Reduced rates
(a)(1) Except as otherwise provided in this section, rates of postage for a class of mail or kind of mailer under former
(2) For the purpose of this subsection, the term "regular-rate category" means any class of mail or kind of mailer, other than a class or kind referred to in section 2401(c).
(3) Rates of postage for a class of mail or kind of mailer under former section 4358(a) through (c) of this title shall be established so that postage on each mailing of such mail reflects its preferred status as compared to the postage for the most closely corresponding regular-rate category mailing.
(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
(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
(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
(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
(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
(d)(1) For purposes of this title, the term "agricultural", as used in former
(2) In the administration of this section, and for purposes of former
(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
(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
(g)(1) In the administration of this section, the rates for mail under subsections (a), (b), and (c) of former
(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.
(3) For purposes of this section and former section 4358(a) through (c) of this title, those copies of an issue of a publication entered within the county in which it is published, but distributed outside such county on postal carrier routes originating in the county of publication, shall be treated as if they were distributed within the county of publication.
(4)(A) In the case of an issue of a publication, any number of copies of which are mailed at the rates of postage for a class of mail or kind of mailer under former section 4358(a) through (c) of this title, any copies of such issue which are distributed outside the county of publication (excluding any copies subject to paragraph (3)) shall be subject to rates of postage provided for under this paragraph.
(B) The rates of postage applicable to mail under this paragraph shall be established in accordance with section 3622.
(C) This paragraph shall not apply with respect to an issue of a publication unless the total paid circulation of such issue outside the county of publication (not counting recipients of copies subject to paragraph (3)) is less than 5,000.
(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
[(i) Repealed.
(j)(1) In the administration of this section, the rates for mail under former
(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
(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
(C) any travel arrangement, unless the organization which promotes the arrangement is authorized to mail at the rates for mail under former
(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
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
(2) Matter shall not be excluded from being mail at the rates for mail under former
(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
(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
(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
(m)(1) In the administration of this section, the rates for mail under former
(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.
(n) In the administration of this section, matter that satisfies the circulation standards for requester publications shall not be excluded from being mailed at the rates for mail under former section 4358 solely because such matter is designed primarily for free circulation or for circulation at nominal rates, or fails to meet the requirements of former section 4354(a)(5).
(
References in Text
Former
Section 101 of the Higher Education Act of 1965, referred to in subsec. (b)(3), is classified to
Section 513 of the Internal Revenue Code of 1986, referred to in subsecs. (j)(1)(D)(I) and (m)(1)(B), is classified to
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
Amendments
2006—Subsec. (a)(1) to (3).
Subsec. (g)(3), (4).
Subsec. (n).
2000—Subsec. (a)(1).
Subsec. (a)(3)(A).
"(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).
Subsec. (a)(6).
Subsec. (a)(7).
1998—Subsec. (b)(3).
1996—Subsec. (b)(3).
1994—Subsec. (j)(1)(D)(III).
1993—Subsec. (a).
"(1) Except as provided in paragraph (2) of this subsection, rates of postage for a class of mail or kind of mailer under former
"(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
Subsec. (i).
Subsec. (j)(1)(D).
Subsec. (j)(3).
Subsec. (k), (l).
Subsec. (m).
1991—Subsec. (a)(2).
Subsec. (i)(2).
1990—Subsec. (j).
Subsec. (k).
1986—Subsec. (a).
"(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
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
1978—Subsec. (e).
1976—
1974—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1993 Amendment
Effective Date of 1990 Amendment
Amendment by section 1(a) of
Effective Date of 1986 Amendments
Relief of Certain Periodical Publications
"(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
"(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
"(a)
"(b)
Construction Respecting Postage Rates Reduction Unauthorized
§3627. Adjusting free rates
If Congress fails to appropriate an amount authorized under
(
Amendments
2006—
1993—
1986—
1978—
Effective Date of 1993 Amendments
Amendment by
Amendment by
Effective Date of 1986 Amendment
Amendment by
1 So in original. Probably should be followed by "of this title,".
[§3628. Repealed. Pub. L. 109–435, title II, §201(b), Dec. 20, 2006, 120 Stat. 3205 ]
Section,
§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
References in Text
The National Voter Registration Act of 1993, referred to in text, is
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
SUBCHAPTER II—PROVISIONS RELATING TO COMPETITIVE PRODUCTS
Prior Provisions
A prior subchapter II was redesignated subchapter I of this chapter.
§3631. Applicability; definitions and updates
(a)
(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)
(c)
(Added
§3632. Action of the Governors
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(Added
References in Text
The date of enactment of this section, referred to in subsec. (c), is the date of enactment of
§3633. Provisions applicable to rates for competitive products
(a)
(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)
(Added
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of
Study on Equal Application of Laws to Competitive Products
"(a)
"(b)
"(c)
"(d)
§3634. Assumed Federal income tax on competitive products income
(a)
(1) the term "assumed Federal income tax on competitive products income" means the net income tax that would be imposed by
(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)
(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)
(Added
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (a), is classified to Title 26, Internal Revenue Code.
SUBCHAPTER III—PROVISIONS RELATING TO EXPERIMENTAL AND NEW PRODUCTS
Amendments
2006—
§3641. Market tests of experimental products
(a)
(1)
(2)
(b)
(1)
(2)
(3)
(c)
(1)
(A) setting out the basis for the Postal Service's determination that the market test is covered by this section; and
(B) describing the nature and scope of the market test.
(2)
(d)
(1)
(2)
(e)
(1)
(2)
(A) the product is likely to benefit the public and meet an expected demand;
(B) the product is likely to contribute to the financial stability of the Postal Service; and
(C) the product is not likely to result in unfair or otherwise inappropriate competition.
(f)
(g)
(h)
(i)
(
References in Text
Section 3 of the Small Business Act, referred to in subsec. (h), is classified to
Amendments
2006—
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
Rate Change Request Made on September 18, 1975, or Under Docket Number R76–1
Applicability of Former Provisions of Section to Rate Change Request Made on September 18, 1975, Under Docket Number R76–1
1 So in original. Probably should be section "3633(a)(3)".
§3642. New products and transfers of products between the market-dominant and competitive categories of mail
(a)
(b)
(1) The market-dominant category of products shall consist of each product in the sale of which the Postal Service exercises sufficient market power that it can effectively set the price of such product substantially above costs, raise prices significantly, decrease quality, or decrease output, without risk of losing a significant level of business to other firms offering similar products. The competitive category of products shall consist of all other products.
(2)
(3)
(A) the availability and nature of enterprises in the private sector engaged in the delivery of the product involved;
(B) the views of those who use the product involved on the appropriateness of the proposed action; and
(C) the likely impact of the proposed action on small business concerns (within the meaning of section 3641(h)).
(c)
(d)
(1)
(2)
(e)
(1) under this subchapter; or
(2) by or under any other provision of law.
(Added
Amendments
2006—
Effective Date
Section applicable with respect to rates for mail sent after Sept. 30, 1993, see section 704(c)(1) of
SUBCHAPTER IV—REPORTING REQUIREMENTS AND RELATED PROVISIONS
Prior Provisions
A prior subchapter IV was redesignated subchapter V of this chapter.
§3651. Annual reports by the Commission
(a)
(b)
(1)
(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)
(c)
(Added
§3652. Annual reports to the Commission
(a)
(1) which shall analyze costs, revenues, rates, and quality of service, using such methodologies as the Commission shall by regulation prescribe, and in sufficient detail to demonstrate that all products during such year complied with all applicable requirements of this title; and
(2) which shall, for each market-dominant product provided in such year, provide—
(A) product information, including mail volumes; and
(B) measures of the quality of service afforded by the Postal Service in connection with such product, including—
(i) the level of service (described in terms of speed of delivery and reliability) provided; and
(ii) the degree of customer satisfaction with the service provided.
The Inspector General shall regularly audit the data collection systems and procedures utilized in collecting information and preparing such report (including any annex thereto and the information required under subsection (b)). The results of any such audit shall be submitted to the Postal Service and the Postal Regulatory Commission.
(b)
(1) The per-item cost avoided by the Postal Service by virtue of such discount.
(2) The percentage of such per-item cost avoided that the per-item workshare discount represents.
(3) The per-item contribution made to institutional costs.
(c)
(1) report data on the costs, revenues, and quality of service by market test, which may be reported in summary form; and
(2) report such data as the Postal Regulatory Commission requires.
(d)
(e)
(1)
(A) providing the public with timely, adequate information to assess the lawfulness of rates charged;
(B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and
(C) protecting the confidentiality of commercially sensitive information.
(2)
(A) the attribution of costs or revenues to products has become significantly inaccurate or can be significantly improved;
(B) the quality of service data has become significantly inaccurate or can be significantly improved; or
(C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.
(f)
(1)
(2)
(g)
(1) comprehensive statement under section 2401(e);
(2) performance plan under section 2803; and
(3) program performance reports under section 2804.
(Added
§3653. Annual determination of compliance
(a)
(b)
(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)
(d)
(e)
(Added
§3654. Additional financial reporting
(a)
(1)
(A) within 40 days after the end of each fiscal quarter, a quarterly report containing the information required by the Securities and Exchange Commission to be included in quarterly reports under sections 13 and 15(d) of the Securities Exchange Act of 1934 (
(B) within 60 days after the end of each fiscal year, an annual report containing the information required by the Securities and Exchange Commission to be included in annual reports under such sections on Form 10–K, as such Form (or any successor form) may be revised from time to time; and
(C) periodic reports within the time frame and containing the information prescribed in Form 8–K of the Securities and Exchange Commission, as such Form (or any successor form) may be revised from time to time.
(2)
(3)
(b)
(1) The reports required by subsection (a)(1)(B) shall include, with respect to the Postal Service's pension and post-retirement health obligations—
(A) the funded status of the Postal Service's pension and postretirement health obligations;
(B) components of the net change in the fund balances and obligations and the nature and cause of any significant changes;
(C) components of net periodic costs;
(D) cost methods and assumptions underlying the relevant actuarial valuations;
(E) the effect of a one-percentage point increase in the assumed health care cost trend rate for each future year on the service and interest costs components of net periodic postretirement health cost and the accumulated obligation;
(F) actual contributions to and payments from the funds for the years presented and the estimated future contributions and payments for each of the following 5 years;
(G) the composition of plan assets reflected in the fund balances; and
(H) the assumed rate of return on fund balances and the actual rates of return for the years presented.
(2) The Office of Personnel Management shall provide the data listed under paragraph (1) to the Postal Service not later than 30 days after the end of each fiscal year.
(3)(A) Beginning with reports for the fiscal year 2010, for purposes of the reports required under subparagraphs (A) and (B) of subsection (a)(1), the Postal Service shall include segment reporting.
(B) The Postal Service shall determine the appropriate segment reporting under subparagraph (A) after consultation with the Postal Regulatory Commission.
(c)
(d)
(e)
(1) the data have become significantly inaccurate or can be significantly improved; or
(2) those revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.
(f)
(1)
(2)
(Added
References in Text
The effective date of this section, referred to in subsec. (a)(1), is the date of enactment of
1 So in original. Probably should be capitalized.
SUBCHAPTER V—POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW
Prior Provisions
A prior subchapter V was redesignated subchapter VI of this chapter.
Amendments
2006—
§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
(
Amendments
2006—Subsec. (b).
Effective Date
Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of
Commission on Postal Service
§3662. Rate and service complaints
(a)
(b)
(1)
(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)
(c)
(d)
(Added
Prior Provisions
A prior section 3662,
§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
(Added
Prior Provisions
A prior section 3663, added
§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
SUBCHAPTER VI—GENERAL
Amendments
2006—
§3681. Reimbursement
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
(
Amendments
2006—
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
§3682. Size and weight limits
The Postal Service may establish size and weight limitations for mail matter in the market-dominant category of mail consistent with regulations the Postal Regulatory Commission may prescribe under section 3622. The Postal Service may establish size and weight limitations for mail matter in the competitive category of mail consistent with its authority under section 3632.
(
Amendments
2006—
1982—
1979—Subsec. (b)(5).
Effective Date of 1982 Amendment
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
§3683. Uniform rates for books; films; other materials
(a) Notwithstanding any other provision of this title, the rates of postage established for mail matter enumerated in former
(b) The rates of postage under former
(1) constitute materials specified in former
(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
(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.
(
References in Text
Former
Amendments
1993—Subsec. (b).
1976—
Effective Date of 1993 Amendment
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
§3684. Limitations
Except as provided in
(
Amendments
2006—
1986—
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
§3685. Filing of information relating to periodical publications
(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.
(
Effective Date
Section effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of
§3686. Bonus authority
(a)
(b)
(1)
(2)
(A) the Postal Service shall make an appropriate request to the Board of Governors of the Postal Service in such form and manner as the Board requires; and
(B) the Board of Governors shall approve any such request if the Board certifies, for the annual appraisal period involved, that the performance appraisal system for affected officers and employees of the Postal Service (as designed and applied) makes meaningful distinctions based on relative performance.
(3)
(c)
(d)
(1) the name of each person receiving a bonus or other payment during such period which would not have been allowable but for the provisions of subsection (b) or (c);
(2) the amount of the bonus or other payment; and
(3) the amount by which the limitation set forth in the last sentence of section 1003(a) was exceeded as a result of such bonus or other payment.
(e)
(Added
SUBCHAPTER VII—MODERN SERVICE STANDARDS
§3691. Establishment of modern service standards
(a)
(b)
(1)
(A) To enhance the value of postal services to both senders and recipients.
(B) To preserve regular and effective access to postal services in all communities, including those in rural areas or where post offices are not self-sustaining.
(C) To reasonably assure Postal Service customers delivery reliability, speed and frequency consistent with reasonable rates and best business practices.
(D) To provide a system of objective external performance measurements for each market-dominant product as a basis for measurement of Postal Service performance.
(2) Implementation of performance measurements.—With respect to paragraph (1)(D), with the approval of the Postal Regulatory Commission an internal measurement system may be implemented instead of an external measurement system.
(c)
(1) the actual level of service that Postal Service customers receive under any service guidelines previously established by the Postal Service or service standards established under this section;
(2) the degree of customer satisfaction with Postal Service performance in the acceptance, processing and delivery of mail;
(3) the needs of Postal Service customers, including those with physical impairments;
(4) mail volume and revenues projected for future years;
(5) the projected growth in the number of addresses the Postal Service will be required to serve in future years;
(6) the current and projected future cost of serving Postal Service customers;
(7) the effect of changes in technology, demographics, and population distribution on the efficient and reliable operation of the postal delivery system; and
(8) the policies of this title and such other factors as the Postal Service determines appropriate.
(d)
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Postal Service Plan
"(a)
"(b)
"(1) establish performance goals;
"(2) describe any changes to the Postal Service's processing, transportation, delivery, and retail networks necessary to allow the Postal Service to meet the performance goals;
"(3) describe any changes to planning and performance management documents previously submitted to Congress to reflect new performance goals; and
"(4) describe the long-term vision of the Postal Service for rationalizing its infrastructure and workforce, and how the Postal Service intends to implement that vision.
"(c)
"(1)
"(A) the Postal Service has more than 400 logistics facilities, separate from its post office network;
"(B) as noted by the President's Commission on the United States Postal Service, the Postal Service has more facilities than it needs and the streamlining of this distribution network can pave the way for the potential consolidation of sorting facilities and the elimination of excess costs;
"(C) the Postal Service has always revised its distribution network to meet changing conditions and is best suited to address its operational needs; and
"(D) Congress strongly encourages the Postal Service to—
"(i) expeditiously move forward in its streamlining efforts; and
"(ii) keep unions, management associations, and local elected officials informed as an essential part of this effort and abide by any procedural requirements contained in the national bargaining agreements.
"(2)
"(A) the long-term vision of the Postal Service for rationalizing its infrastructure and workforce; and
"(B) how the Postal Service intends to implement that vision.
"(3)
"(A) a strategy for how the Postal Service intends to rationalize the postal facilities network and remove excess processing capacity and space from the network, including estimated timeframes, criteria, and processes to be used for making changes to the facilities network, and the process for engaging policy makers and the public in related decisions;
"(B) a discussion of what impact any facility changes may have on the postal workforce and whether the Postal Service has sufficient flexibility to make needed workforce changes;
"(C) an identification of anticipated costs, cost savings, and other benefits associated with the infrastructure rationalization alternatives discussed in the plan; and
"(D) procedures that the Postal Service will use to—
"(i) provide adequate public notice to communities potentially affected by a proposed rationalization decision;
"(ii) make available information regarding any service changes in the affected communities, any other effects on customers, any effects on postal employees, and any cost savings;
"(iii) afford affected persons ample opportunity to provide input on the proposed decision; and
"(iv) take such comments into account in making a final decision.
"(4)
"(A)
"(B)
"(i) an account of actions taken during the preceding fiscal year to improve the efficiency and effectiveness of its processing, transportation, and distribution networks while preserving the timely delivery of postal services, including overall estimated costs and cost savings;
"(ii) an account of actions taken to identify any excess capacity within its processing, transportation, and distribution networks and implement savings through realignment or consolidation of facilities including overall estimated costs and cost savings;
"(iii) an estimate of how postal decisions related to mail changes, security, automation initiatives, worksharing, information technology systems, excess capacity, consolidating and closing facilities, and other areas will impact rationalization plans;
"(iv) identification of any statutory or regulatory obstacles that prevented or will prevent or hinder the Postal Service from taking action to realign or consolidate facilities; and
"(v) such additional topics and recommendations as the Postal Service considers appropriate.
"(5)
"(d)
"(1) vending machines;
"(2) the Internet;
"(3) postage meters;
"(4) Stamps by Mail;
"(5) Postal Service employees on delivery routes;
"(6) retail facilities in which overhead costs are shared with private businesses and other government agencies;
"(7) postal kiosks; or
"(8) any other nonpost office access channel providing market retail access to postal services.
"(e)
"(1) a comprehensive plan under which reemployment assistance shall be afforded to employees displaced as a result of automation of any of its functions, the closing and consolidation of any of its facilities, or such other reasons as the Postal Service may determine; and
"(2) a plan, developed in consultation with the Office of Personnel Management, to offer early retirement benefits.
"(f)