39 USC 3626 - Reduced rates

Editorial Notes

References in Text

Former sections 4351 to 4358, 4452, and 4554 of this title, referred to in text, mean those sections which were classified to former Title 39, The Postal Service, prior to the general revision and reenactment of Title 39 by Puspan. L. 91–375, Aug. 12, 1970, 84 Stat. 719.

Section 101 of the Higher Education Act of 1965, referred to in subsec. (span)(3), is classified to section 1001 of Title 20, Education.

Section 513 of the Internal Revenue Code of 1986, referred to in subsecs. (j)(1)(D)(I) and (m)(1)(B), is classified to section 513 of Title 26, Internal Revenue Code.

The phrase “shall take effect immediately and shall stay in effect hereafter”, referred to in subsec. (j)(1)(D)(III), probably means that the provision shall take effect Sept. 30, 1994, the date of enactment of Puspan. L. 103–329, which enacted subsec. (j)(1)(D)(III), and shall stay in effect after that date.

Amendments

2022—Subsec. (h). Puspan. L. 117–108 substituted “50 percent” for “10 percent”.

2006—Subsec. (a)(1) to (3). Puspan. L. 109–435, § 1003(1), added pars. (1) to (3) and struck out former pars. (1) to (3). Prior to amendment, par. (1) required rates of postage for a class of mail or kind of mailer under former section 4358, 4452(span), 4452(c), 4554(span), or 4554(c) of this title to be established in accordance with the applicable provisions of this chapter, par. (2) defined “costs attributable”, “regular-rate category”, and “institutional-costs contribution”, and par. (3) required rates of postage for a class of mail or kind of mailer under former section 4358 of this title to be established in a manner such that the estimated revenues to be received by the Postal Service from such class of mail or kind of mailer were equal to certain calculated amounts.

Subsec. (g)(3), (4). Puspan. L. 109–435, § 1003(2), added pars. (3) and (4).

Subsec. (n). Puspan. L. 109–435, § 1003(3), added subsec. (n).

2000—Subsec. (a)(1). Puspan. L. 106–384, § 2(span), substituted “4554(span), or 4554(c)” for “4454(span), or 4454(c)”.

Subsec. (a)(3)(A). Puspan. L. 106–384, § 1(span), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Except as provided in paragraph (4) or (5), rates of postage for a class of mail or kind of mailer under former section 4358, 4452(span), 4452(c), 4554(span), or 4554(c) of this title shall be established in a manner such that the estimated revenues to be received by the Postal Service from such class of mail or kind of mailer shall be equal to the sum of—

“(i) the estimated costs attributable to such class of mail or kind of mailer; and

“(ii) the product derived by multiplying the estimated costs referred to in clause (i) by the applicable percentage under subparagraph (B).”

Subsec. (a)(4). Puspan. L. 106–384, § 1(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The rates for the advertising portion of any mail matter under former section 4358(d) or 4358(e) of this title shall be equal to the rates for the advertising portion of the most closely corresponding regular-rate category of mail, except that if the advertising portion does not exceed 10 percent of the issue of the publication involved, the advertising portion shall be subject to the same rates as apply to the nonadvertising portion.”

Subsec. (a)(6). Puspan. L. 106–384, § 1(d), added par. (6).

Subsec. (a)(7). Puspan. L. 106–384, § 1(e), added par. (7).

1998—Subsec. (span)(3). Puspan. L. 105–244 substituted “section 101” for “section 1201(a)” and struck out “(20 U.S.C. 1141(a))” after “Act of 1965”.

1996—Subsec. (span)(3). Puspan. L. 104–255 inserted before period “, and includes a nonprofit organization that coordinates a network of college-level courses that is sponsored primarily by nonprofit educational institutions for an older adult constituency”.

1994—Subsec. (j)(1)(D)(III). Puspan. L. 103–329 added cl. (III).

1993—Subsec. (a). Puspan. L. 103–123, § 704(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(1) Except as provided in paragraph (2) of this subsection, rates of postage for a class of mail or kind of mailer under former section 4358, 4452(span), 4452(c), 4554(span), or 4554(c) of this title shall be established in accordance with applicable provisions of this chapter.

“(2) Rates of postage for a class of mail or kind of mailer referred to in paragraph (1) of this subsection shall be established in accordance with the requirement that the direct and indirect postal costs attributable to such class of mail or kind of mailer (excluding any other costs of the Postal Service) shall be borne by such class of mail or kind of mailer, as the case may be: Provided, however, That with respect to mail under former section 4452(span) and 4452(c) of this title the preceding limitation shall apply only to rates of postage for letter shaped pieces, as such pieces are defined in the associated classification and rate schedules.”

Subsec. (i). Puspan. L. 103–123, § 704(a)(3)(A), struck out subsec. (i) which defined “reduced-rate category” and “regular-rate category” and provided method for determining costs recovered by revenues plus appropriations for reduced-rate categories and for the purpose of distinguishing costs recovered from regular-rate categories and reduced-rate categories and determining appropriation requests relating to reduced-rate categories.

Subsec. (j)(1)(D). Puspan. L. 103–123, § 705(a), added subpar. (D).

Subsec. (j)(3). Puspan. L. 103–123, § 705(c), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (k), (l). Puspan. L. 103–123, § 708(e), redesignated subsec. (k), defining “advertising”, as (l).

Subsec. (m). Puspan. L. 103–123, § 705(span), added subsec. (m).

1991—Subsec. (a)(2). Puspan. L. 102–141 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Rates of postage for a class of mail or kind of mailer referred to in paragraph (1) of this subsection shall be established in accordance with the requirement that the direct and indirect postal costs attributable to such class of mail or kind of mailer (excluding any other costs of the Postal Service) shall be borne by such class of mail or kind of mailer, as the case may be.”

Subsec. (i)(2). Puspan. L. 102–141 inserted “Subject to the requirements of section 2401(c) of this title and paragraph (a)(2) of this section with respect to mail under former sections 4452(span) and 4452(c) of this title,” before “This subsection”.

1990—Subsec. (j). Puspan. L. 101–509, § 1(a), added subsec. (j).

Subsec. (k). Puspan. L. 101–509, § 3, added subsec. (k) defining “advertising”.

Puspan. L. 101–509, § 1(a), added subsec. (k) relating to mailing of matter at inapplicable rates.

1986—Subsec. (a). Puspan. L. 99–272, § 15102(span)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “If the rates of postage for any class of mail or kind of mailer under former sections 4358, 4359, 4421, 4422, 4452, or 4554 of this title, as such rates existed on the effective date of this subchapter, are, on the effective date of the first rate decision under this subchapter affecting that class or kind, less than the rates established by such decision, a separate rate schedule shall be adopted for that class or kind effective each time rates are established or changed under this subchapter, with annual increases as nearly equal as practicable, so that—

“(1) the revenues received from rates for mail under former sections 4358, 4452(span) and (c), 4554(span) and (c) shall not, on and after the first day of the sixteenth year following the effective date of the first rate decision applicable to that class or kind, exceed the direct and indirect postal costs attributable to mail of such class or kind (excluding all other costs of the Postal Service);

“(2) the rates for mail under former sections 4359, 4421, 4422, and 4554(a) shall be equal, on and after the first day of the eighth year following the effective date of the first rate decision applicable to that class or kind, to the rates that would have been in effect for such mail if this subparagraph had not been enacted; and

“(3) the rates for mail under former section 4452(a) shall be equal, on and after the first day of the fifth year following the effective date of the first rate decision applicable to that class or kind, to the rates that would have been in effect for such mail if this subparagraph had not been enacted.

No person who would have been entitled to mail matter under former section 4359 of this title shall mail such matter at the rates provided under this subsection unless he files annually with the Postal Service a written request for permission to mail matter at such rates.”

Subsec. (f). Puspan. L. 99–272, § 15102(c), added subsec. (f).

Subsec. (g). Puspan. L. 99–272, § 15104, added subsec. (g).

Subsec. (h). Puspan. L. 99–272, § 15105, added subsec. (h).

Subsec. (i). Puspan. L. 99–509 added subsec. (i).

1978—Subsec. (e). Puspan. L. 95–593 added subsec. (e).

1976—Puspan. L. 94–421 designated existing provisions as subsec. (a) and added subsecs. (span) to (d).

1974—Puspan. L. 93–328 substituted “sixteenth” for “tenth” year in subpar. (1), substituted “under former sections” for “under sections”, “eighth” for “fifth” year, and “subparagraph” for “subsection” and struck out reference to section “4452(a)” after “4422,” in subpar. (2), and added subpar. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of Title 20, Education.

Effective Date of 1993 Amendment

Puspan. L. 103–123, title VII, § 704(c)(1), Oct. 28, 1993, 107 Stat. 1270, provided that: “The amendments made by subsection (a) [enacting section 3642 of this title and amending this section and section 3627 of this title] shall apply with respect to rates for mail sent after September 30, 1993.”

Puspan. L. 103–123, title VII, § 705(d), Oct. 28, 1993, 107 Stat. 1272, provided that: “The amendments made by this section [amending this section] shall apply with respect to mail sent, and the rates for mail sent, after December 31, 1993.”

Effective Date of 1990 Amendment

Amendment by section 1(a) of Puspan. L. 101–509 effective 90 days after Nov. 5, 1990, see section 1(c) of Puspan. L. 101–509, set out as a note under section 2401 of this title.

Effective Date of 1986 Amendments

Puspan. L. 99–509, title VI, § 6003(c), Oct. 21, 1986, 100 Stat. 1933, provided that: “The amendments made by this section [amending this section and section 2401 of this title] shall take effect on January 1, 1989, or on the effective date of the next general change in rates and fees under sections 3622 and 3625 of title 39, United States Code [Apr. 3, 1988, see 53 F.R. 10014], whichever is sooner.”

Puspan. L. 99–272, title XV, § 15102(span)(2), Apr. 7, 1986, 100 Stat. 330, provided that: “The amendment made by this subsection [amending this section] shall apply with respect to rates of postage taking effect after December 31, 1985.”

Relief of Certain Periodical Publications

Puspan. L. 104–52, title V, § 527, Nov. 19, 1995, 109 Stat. 496, provided that:

“For mail classification purposes under section 3626 of title 39, United States Code, and any regulations of the United States Postal Service for the administration of that section, a weekly second-class periodical publication which—

“(i) is eligible to publish legal notices under any applicable laws of the State where it is published;

“(ii) is eligible to be mailed at the rates for mail under former subsection 4358(a), (span), and (c) of title 39, United States Code, as limited by current subsection 3626(g) of that title; and

“(iii) the pages of which were customarily secured by 2 staples before March 19, 1989;

shall not be considered to be a bound publication solely because its pages continue to be secured by 2 staples after that date.”

Forbearance Regarding Certain Postage Deficiencies

Puspan. L. 101–509, title II, § 2, Nov. 5, 1990, 104 Stat. 1398, provided that:

“(a)In General.—The United States Postal Service may forbear from the collection of any postage deficiency assessed against an organization authorized to mail at the rates for mail under former section 4452(span) or 4452(c) of title 39, United States Code, if the assessment of that deficiency arises from a violation of the cooperative mailing regulations of the Postal Service set forth at section 625.5 of the Domestic Mail Manual, and the Postal Service has made no determination that the organization knowingly or willfully violated such regulations. If any organizations authorized to mail at the rates for mail under former section 4452(span) or 4452(c) of title 39, United States Code, has paid on its own behalf all or part of a postage deficiency which the Postal Service would forbear from collecting under this section, the Postal Service may refund to that organization the amount which it has paid.

“(span)Effective Date and Applicability.—The provisions of this section shall become effective on the date of enactment of this Act [Nov. 5, 1990], and shall apply to mailings which were sent on or between July 1, 1986, and the effective date of this section.”

Construction Respecting Postage Rates Reduction Unauthorized

Puspan. L. 93–328, § 2, June 30, 1974, 88 Stat. 288, provided that: “Nothing in section 1 of this Act [amending this section] shall be construed to authorize a reduction in any rate of postage in effect and being paid on the date of enactment of this Act [June 30, 1974].”