39 USC 404 - Specific powers

Editorial Notes

References in Text

The Occupational Safety and Health Act of 1970, referred to in subsec. (d)(2)(B), is Puspan. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.

The date of enactment of the Postal Accountability and Enhancement Act, referred to in subsec. (e)(3), is the date of enactment of Puspan. L. 109–435, which was approved Dec. 20, 2006.

Amendments

2022—Subsec. (e)(2). Puspan. L. 117–108 inserted “, or any nonpostal products or services authorized by chapter 37” after “under this subsection”.

2006—Subsec. (a). Puspan. L. 109–435, § 403(span)(2), substituted “Subject to the provisions of section 404a, but otherwise without” for “Without” in introductory provisions.

Subsec. (a)(6) to (9). Puspan. L. 109–435, § 102(a)(1), redesignated pars. (7) to (9) as (6) to (8), respectively, and struck out former par. (6), which read “to provide, establish, change, or abolish special nonpostal or similar services;”.

Subsec. (span). Puspan. L. 109–435, § 1010(e), added subsec. (span). Former subsec. (span) redesignated (d).

Subsec. (span)(5). Puspan. L. 109–435, § 604(a), substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Subsec. (span)(6). Puspan. L. 109–435, § 1006(a), added par. (6).

Subsec. (c). Puspan. L. 109–435, § 1010(e), added subsec. (c). Former subsec. (c) redesignated (e).

Puspan. L. 109–435, § 102(a)(2), added subsec. (c).

Subsecs. (d), (e). Puspan. L. 109–435, § 1010(e), redesignated subsecs. (span) and (c) as (d) and (e), respectively.

1998—Subsec. (span)(2). Puspan. L. 105–241 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Postal Service, in making a determination whether or not to close or consolidate a post office, shall consider—

“(A) the effect of such closing or consolidation on the community served by such post office;

“(B) the effect of such closing or consolidation on employees of the Postal Service employed at such office;

“(C) whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(span) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining;

“(D) the economic savings to the Postal Service resulting from such closing or consolidation; and

“(E) such other factors as the Postal Service determines are necessary.”

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

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Puspan. L. 109–435, title X, § 1006(span), Dec. 20, 2006, 120 Stat. 3258, provided that:

“This section [amending this section] and the amendments made by this section shall apply with respect to any determination to close or consolidate a post office which is first made available, in accordance with paragraph (3) of section 404(span) of title 39, United States Code, after the end of the 3-month period beginning on the date of the enactment of this Act [Dec. 20, 2006].”

Effective Date of 1976 Amendment

Puspan. L. 94–421, § 9(span), Sept. 24, 1976, 90 Stat. 1311, provided that:

“The amendments made by subsection (a) of this section [amending this section] shall take effect on the day after the date on which the Commission on Postal Service transmits its final report under section 7(f)(1) of this Act [set out as a note under section 3661 of this title].”

Effective Date

Pars. (1), (3) to (9) of subsec. (a) of this section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors and par. (2) of subsec. (a) effective Jan. 20, 1971, pursuant to Resolution No. 71–10 of the Board of Governors. See section 15(a) of Puspan. L. 91–375, set out as a note preceding section 101 of this title.

Treatment of Existing Nonpostal Services

Puspan. L. 117–108, title I, § 103(span)(3), Apr. 6, 2022, 136 Stat. 1144, provided that:

“All individual nonpostal services, provided directly or through licensing, that are continued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of section 3705 [probably means section 3705 of this title], subsections (a) through (d).”

References to Postal Rate Commission

Puspan. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242, provided that:

“Whenever a reference is made in any provision of law (other than this Act [see Tables for classification] or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.”