Title 39 of the United States Code: Laws and Regulations for Postal Services

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Title 39 of the United States Code is a vital part of the country's postal system, outlining the laws and regulations that govern the postal services.

The Postal Service Fund is established under Title 39, which is a revolving fund that supports the postal service's operations and finances.

Title 39 also defines the postal services that are required to be provided by the Postal Service, including the delivery of mail and packages to every corner of the country.

The Postal Service is required to provide mail and package delivery services to all Americans, regardless of their location or income level.

Title Overview

Title 39 of the United States Code is a comprehensive set of regulations that govern the United States Postal Service. This title is divided into several chapters and subchapters that cover various aspects of postal operations.

Chapter I of Title 39 focuses on the United States Postal Service, covering topics from section 1 to 999. This chapter is further divided into subchapters that deal with specific areas, such as the Board of Governors, international mail, and post office services.

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The Board of Governors of the U.S. Postal Service is covered in Subchapter A, which includes sections 1-11. This subchapter outlines the responsibilities and powers of the board.

International mail is governed by Subchapter B, which includes only section 20. This subchapter sets forth the rules and regulations for international mail services.

Domestic mail services are covered in Subchapter C, which includes sections 111-122. This subchapter outlines the procedures and requirements for sending mail within the United States.

Here is a list of the subchapters in Chapter I of Title 39:

  • Subchapter A: The Board of Governors of the U.S. Postal Service (sections 1-11)
  • Subchapter B: International Mail (section 20)
  • Subchapter C: Post Office Services [Domestic Mail] (sections 111-122)
  • Subchapter D: Organization and Administration (sections 211-281)
  • Subchapter E: Restrictions on Private Carriage of Letters (sections 310-320)
  • Subchapter F: Personnel (sections 447-492)
  • Subchapter G: Postage Programs (sections 501-551)
  • Subchapter H: Procurement System for the U.S. Postal Service: Intellectual Property Rights Other Than Patents (sections 601-602)
  • Subchapter J: Postal Service Debt Obligations; Disbursement Postal Money Orders (sections 760-762)
  • Subchapter K: Environmental Regulations (sections 775-776)
  • Subchapter N: Procedures (sections 912-999)

Chapter III of Title 39 focuses on the Postal Regulatory Commission, covering topics from section 3000 to 3099. This chapter is further divided into subchapters that deal with specific areas, such as the commission's structure and procedures.

Policy

Title 39 of the United States Code sets the framework for the postal system, outlining policies that govern its operations.

The policy section of Title 39 emphasizes the importance of accountability, requiring the Postal Service to maintain accurate records of its financial transactions and to provide regular reports to Congress.

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The Postal Service is also required to establish a system of internal controls to prevent and detect waste, fraud, and abuse.

This system must include procedures for investigating and responding to allegations of misconduct.

The policy section also outlines the procedures for the Postal Service to follow in the event of a natural disaster or other emergency.

This includes the authority to suspend or modify its operations as necessary to ensure public safety.

The Postal Service is also required to provide emergency services during a disaster, including the delivery of vital mail and packages.

The policy section of Title 39 also requires the Postal Service to maintain a high level of transparency, including the disclosure of its financial information and operational data.

This information must be made available to the public in a timely and accessible manner.

COVID-19 Service Funding

The COVID-19 pandemic brought significant challenges to the United States Postal Service, and the government responded with emergency funding.

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The CARES Act, passed on March 27, 2020, provided the Postal Service with an additional $10 billion in borrowing authority to cover operating expenses due to the pandemic.

During the COVID-19 emergency, the Postal Service was allowed to borrow up to $10 billion from the Treasury to fund operating expenses, a move that was made possible by the CARES Act.

The Secretary of the Treasury could lend the Postal Service up to $10 billion, with the terms and conditions of the loan to be mutually agreed upon by the Secretary and the Postal Service.

The Postal Service was not required to repay the amounts borrowed under this provision, a provision that was made to help the Postal Service during a time of great need.

The Postal Service prioritized delivery of postal products for medical purposes during the COVID-19 emergency, recognizing the importance of these deliveries during the pandemic.

Temporary delivery points were established by the Postal Service to protect employees and individuals receiving deliveries during the pandemic.

Definitions and Organization

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The United States Postal Service is a unique entity, and its definition is crucial to understanding its role in the country. The Postal Service is established by section 201 of Title 39, and it's responsible for delivering letters, printed matter, and mailable packages.

According to section 102 of Title 39, the Board of Governors has 9 members appointed by the President with Senate consent. This Board oversees the Postal Service and makes key decisions about its operations. The Board also includes an Inspector General who is appointed under section 202(e) of Title 39.

The Postal Service offers various products, including market-dominant and competitive products, which are defined in section 102 of Title 39. Market-dominant products are subject to subchapter I of chapter 36, while competitive products are subject to subchapter II of chapter 36. These definitions are essential for understanding the Postal Service's pricing and operations.

Definitions

The Postal Service has a very specific definition, and it's not just a generic term. The Postal Service means the United States Postal Service established by section 201 of title 39.

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The Board of Governors, also referred to as the Board, is made up of 9 members appointed by the President, with the advice and consent of the Senate. These members are appointed under section 202(a) of title 39.

The Inspector General is appointed under section 202(e) of title 39. This person plays a crucial role in overseeing the Postal Service.

Postal service refers to the delivery of letters, printed matter, or mailable packages, including acceptance, collection, sorting, transportation, or other functions ancillary thereto. This is a broad definition that encompasses many aspects of the Postal Service's operations.

A product is a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied. This definition is important for understanding how the Postal Service sets rates for its services.

Rates include fees for postal services, and are applied to products. This means that the Postal Service charges different rates for different services.

A market-dominant product is a product subject to subchapter I of chapter 36. This type of product is subject to specific regulations and requirements.

A competitive product, on the other hand, is a product subject to subchapter II of chapter 36. This type of product is also subject to specific regulations and requirements.

The year, as used in chapter 36, means a fiscal year. This is an important distinction, as it affects how the Postal Service operates and reports its finances.

Curious to learn more? Check out: History of United States Postage Rates

Chapter 2—Organization

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The United States Postal Service is an independent establishment of the executive branch of the Government of the United States.

It was established in 1996 through Pub. L. 104–208, div. A, title I, §101(f) [title VI, §662(f)(2)(B)], which replaced "Assistant Postmasters General; General Counsel; Judicial Officer" with "General Counsel; Judicial Officer; Chief Postal Inspector" in item 204.

The General Counsel, Judicial Officer, and Chief Postal Inspector are key positions within the organization.

The organization is governed by a set of provisions related to personnel, including a provision that directed the amendment of the first sentence to substitute "7 years" for "9 years", reflecting the probable intent of Congress.

The United States Postal Service has an Inspector General, who was first appointed in 1996, and is responsible for overseeing the organization's operations.

The Inspector General's office was established through a series of transfers and reorganization efforts, which were completed within a 60-day period after the appointment of the first Inspector General.

The Chief Postal Inspector may continue to serve as Inspector General until an Inspector General is appointed or until the end of the 90-day period beginning on the date of the enactment of the Act.

Transfer of Functions and Abolition

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The Transfer of Functions and Abolition of the Post Office Department was a significant change that took place in 1970. Pub. L. 91–375, §4(a), August 12, 1970, transferred all functions, powers, and duties of the Post Office Department and the Postmaster General to the United States Postal Service.

This transfer effectively abolished the Post Office Department and the office of Postmaster General. The Post Office Department was a government agency responsible for managing the postal system.

The transfer of functions and abolition of the Post Office Department was made official through the passage of Pub. L. 91–375. This law provided for the transfer of all functions, powers, and duties to the United States Postal Service.

The effective date of this transfer was established by the Board of Governors of the United States Postal Service and published in the Federal Register. This date was set within 1 year after August 12, 1970.

Pub. L. 98–151, enacted on November 14, 1983, made further changes to the postal system.

For more insights, see: United States Post Office Department

Postmaster General and Deputy

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The Postmaster General is the chief executive officer of the Postal Service, appointed under section 202(c) of Title 39. This is the top spot in the organization.

The Deputy Postmaster General serves as the alternate chief executive officer, also appointed under section 202(d) of Title 39. This role is crucial in case the Postmaster General is unavailable.

In 2011, a change was made to the statute, updating the year for a specific provision from 2011 to 2015, but it doesn't appear to affect the roles of the Postmaster General or Deputy.

Postmaster General and Deputy

The Postmaster General is the chief executive officer of the Postal Service, appointed under section 202(c) of this title.

The Deputy Postmaster General serves as the alternate chief executive officer of the Postal Service, appointed under section 202(d) of this title.

In 2011, a change was made to the Postal Service's leadership structure, with the substitution of "2015" for "2011" in the applicable section.

General Counsel & Judicial Officer

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The General Counsel and Judicial Officer are key roles within the Postal Service, and they report directly to the Postmaster General. The General Counsel is responsible for providing legal advice to the Postmaster General and the organization as a whole.

The General Counsel, along with the Assistant Postmasters General, the Judicial Officer, and the Chief Postal Inspector, is appointed by the Postmaster General and serves at their pleasure. This means that their position can be terminated at any time by the Postmaster General.

The Judicial Officer is responsible for performing quasi-judicial duties, as designated by the Postmaster General, and is also the agency for the purposes of the requirements of chapter 5 of title 5, to the extent that functions are delegated to them by the Postmaster General. This means that the Judicial Officer plays a crucial role in ensuring that the Postal Service is following the necessary procedures and protocols.

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The Judicial Officer's duties are not inconsistent with chapter 36 of this title, and they are responsible for carrying out the tasks assigned to them by the Postmaster General. This includes any quasi-judicial duties that may be required of them.

The Chief Postal Inspector is responsible for reporting to and being under the general supervision of the Postmaster General. This means that the Chief Postal Inspector must keep the Postmaster General informed of their activities and decisions.

Board Procedures and Advisory Council

The Board of Governors plays a crucial role in directing and controlling the expenditures and reviewing the practices and policies of the Postal Service.

The Board shall act upon majority vote of those members who are present, and any 6 members present shall constitute a quorum for the transaction of business by the Board.

However, there are certain exceptions, such as in the appointment or removal of the Postmaster General, which requires a favorable vote of an absolute majority of the Governors in office.

Additionally, no officer or employee of the United States may serve concurrently as a Governor, but a Governor may hold any other office or employment not inconsistent with their duties as an officer of the Government of the United States in the Postal Service.

Board Procedures

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The Board of Governors plays a crucial role in directing and controlling the expenditures of the Postal Service, reviewing its practices and policies, and performing other functions as prescribed by title.

The Board shall act upon a majority vote of those members who are present, and any 6 members present shall constitute a quorum for the transaction of business by the Board.

A favorable vote of an absolute majority of the Governors in office is required for the appointment or removal of the Postmaster General, as well as setting the compensation of the Postmaster General and Deputy Postmaster General.

In the appointment or removal of the Deputy Postmaster General, a favorable vote of an absolute majority of the Governors in office and the member serving as Postmaster General is required.

No officer or employee of the United States may serve concurrently as a Governor, but a Governor may hold any other office or employment not inconsistent with their duties as an officer of the Postal Service.

Subsections (a) and (d) of this section became effective on July 1, 1971, while subsecs. (b) and (c) became effective on August 12, 1970.

Advisory Council

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The Advisory Council plays a vital role in shaping postal operations. It's a 12-member group, with the Postmaster General as Chairman and the Deputy Postmaster General as Vice Chairman.

The Council has 11 additional members appointed by the President, who selects them from three categories: labor organizations, major mail users, and the public at large. The President appoints 4 representatives from labor organizations, 4 from major mail users, and 3 from the public.

Each member serves a 2-year term, except for those initially appointed, who serve a 1-year term. If a vacancy occurs before the end of a term, the new member fills the remainder of the term.

The Advisory Council provides advice on all aspects of postal operations, and the Postal Service is required to consult with them. Members of the Council are reimbursed for necessary travel expenses and receive a daily rate equal to level V of the Executive Schedule for each meeting.

Seal and Reservation of Powers

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Congress has reserved the power to alter, amend, or repeal any or all of the sections of Title 39, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service under this title.

This provision ensures that the Postal Service can continue to fulfill its obligations even if the law is changed.

The Congress can alter, amend, or repeal any section of Title 39, but they have to do it carefully to avoid impairing any contracts made by the Postal Service.

As of now, this provision is set to cease being effective after December 31, 2027.

Seal 207

The seal of the Postal Service is a crucial part of its identity. It's filed by the Board in the Office of the Secretary of State.

The seal is judicially noticed, which means it's officially recognized by the courts. This gives it a level of authority and credibility.

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The seal is used to authenticate records of the Postal Service. This ensures that documents and communications from the Postal Service are genuine and trustworthy.

The seal was renumbered in 2012, when Pub. L. 112-234, §2(e)(2), renumbered Pub. L. 106-253, §2(d). This change was made to reflect the latest updates to the law.

The section effective date is January 20, 1971, as stated in Resolution No. 71-10 of the Board of Governors. This marked an important milestone for the Postal Service.

The seal is used to authenticate records of the Postal Service, which is crucial for maintaining trust and credibility.

Reservation of Powers

Congress reserves the power to alter, amend, or repeal any or all of the sections of this title, but no such alteration, amendment, or repeal shall impair the obligation of any contract made by the Postal Service under any power conferred by this title.

The power to alter, amend, or repeal is reserved by Congress, as stated in Pub. L. 101–509, title II, Nov. 5, 1990, 104 Stat. 1396.

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This power is not limited to specific sections, but can apply to any or all of the sections of this title.

The alteration, amendment, or repeal of any section must not impair the obligation of any contract made by the Postal Service under any power conferred by this title.

The words "Notwithstanding the other provisions of this section" are omitted as unnecessary, as stated in the article.

This section shall cease to be effective after December 31, 2027, as stated in the article.

Delegation of Authority and Continuation of Mail Delivery

The Board of Governors has the authority to delegate its powers to the Postmaster General, but only under specific terms and conditions. The Board can also establish committees and delegate powers to them.

The Postmaster General's authority can be revoked by the Governors at any time. Delegations to the Postmaster General or committees must be consistent with other provisions of Title 39 and do not relieve the Board of its full responsibility for carrying out its duties.

The Postal Service is authorized to determine the factors necessary for the continuation of mail delivery services, including six-day delivery and rural delivery at a certain level. Any party who believes the Postal Service has violated this section may bring a complaint in accordance with section 3662.

Delegation of Authority

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The Board of Governors has the authority to delegate its powers to the Postmaster General under certain terms and conditions. This delegation is not meant to relieve the Board of its full responsibility for carrying out its duties and functions.

The Board may establish committees to carry out its functions and delegate powers to these committees as needed. These delegations must be consistent with other provisions of the title and revocable by the Governors in their exclusive judgment.

The Board may delegate its authority to the Postmaster General, including the power of redelegation, if deemed desirable. This delegation is subject to the terms, conditions, and limitations established by the Board.

The Postal Regulatory Commission is a key entity involved in the delegation process, as it is referenced in the article. The Board may also delegate its powers to other entities or committees as needed to carry out its functions and duties.

The Secretary is authorized to publish memorandums in the Federal Register, which highlights the importance of transparency and communication in the delegation process.

Continuation of Mail Delivery

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The Postal Service has a long history of continuing to deliver mail on six days a week, with rural delivery maintained at a level not less than what it was in 1983. This provision was first included in the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act of 2006.

Pub. L. 109–115, div. A, title VI, Nov. 30, 2005, 119 Stat. 2490, made this provision a law, and it has been repeated in subsequent appropriations acts. This means that the Postal Service is required to continue delivering mail on six days a week, with rural delivery maintained at a level not less than what it was in 1983.

Similar provisions were also included in the prior appropriations acts, such as Pub. L. 108–447, div. H, title IV, Dec. 8, 2004, 118 Stat. 3264. This shows a commitment to maintaining mail delivery services at a certain level.

Any party, including an officer of the Commission, who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662. This provides a clear process for addressing any concerns about mail delivery services.

Prohibitions and Specific Powers

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The Postal Service has specific limitations on what it can and can't do. The Postal Service may not establish any rule or regulation that precludes competition or establishes the terms of competition unless it demonstrates that the regulation does not create an unfair competitive advantage.

The Postal Service is also prohibited from compelling the disclosure, transfer, or licensing of intellectual property to any third party. This includes patents, copyrights, trademarks, trade secrets, and proprietary information.

The Postal Service must obtain the consent of the person providing the information before using it to offer a postal service that uses or is based on such information, unless substantially the same information is obtained from an independent source or is otherwise obtainable.

Prohibition of 9-Digit ZIP Codes

The Prohibition of 9-Digit ZIP Codes was a significant restriction imposed by the US government. Pub. L. 97–35, title XVII, §1726, Aug. 13, 1981, prohibited the Postal Service from implementing a ZIP code system using more than 5 digits before Oct. 1, 1983.

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This restriction was part of a larger law that prohibited executive agencies from taking action to conform mailing procedures to a ZIP code system using more than 5 digits during the period from Aug. 13, 1981 to Dec. 31, 1982.

The law aimed to give people more time to adapt to the new ZIP code system.

Specific Powers

Specific powers are granted to certain individuals or organizations, allowing them to perform specific tasks or make decisions within predetermined limits. In some cases, these powers can be quite broad.

A good example is the power of the President to negotiate treaties, which is granted by Article II, Section 2 of the US Constitution. This power is not absolute, however, as the Senate must also approve any treaty negotiated by the President.

The power to declare war is another example of a specific power granted to the President, but only in conjunction with Congress. The President can request a declaration of war, but Congress must ultimately decide whether to grant it.

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In some cases, specific powers are granted to specific individuals, such as the power of a mayor to appoint certain officials. This power is often subject to review and approval by a higher authority, such as a city council or governor.

The power to grant pardons is another example of a specific power granted to the President, but only in certain circumstances. The President can grant pardons for federal crimes, but only after the sentence has been served.

Specific Limitations

The Postal Service has specific limitations on what it can and can't do. The Postal Regulatory Commission is responsible for prescribing regulations to carry out these limitations.

The Postal Service may not establish any rule or regulation that precludes competition or establishes the terms of competition unless it demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded by the Postal Service.

The Postal Service may not compel the disclosure, transfer, or licensing of intellectual property to any third party, such as patents, copyrights, trademarks, trade secrets, and proprietary information.

The Postal Service may not obtain information from a person that provides or seeks to provide a product, then offer a postal service that uses or is based on that information, without the person's consent, unless substantially the same information is obtained from an independent source.

Amendments and Effective Dates

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The amendments to Title 39 of the United States Code are a complex and fascinating topic. Pub. L. 94–421, enacted in 1976, provided that the amendments made by subsection (a) 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.

Some amendments have specific effective dates, such as Pub. L. 91–656, which made the provisions of this section effective on the effective date prescribed under section 15(a) of the Postal Reorganization Act for section 410 of title 39, United States Code, as enacted by that Act. This date was April 13, 1971, pursuant to Resolution No. 71–14 of the Board of Governors.

In some cases, the effective date is tied to a fiscal year, such as the amendments made by Pub. L. 109–435, which applied with respect to fiscal years beginning on or after October 1, 2008. Additionally, a savings provision was included to ensure that the pre-amendment provisions continue to apply for any fiscal year before the first fiscal year to which the amendments apply.

1976 Amendment Effective Date

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The 1976 amendment to the postal system had a unique effective date. Pub. L. 94–421, which made the amendments, specified that they would take effect on the day after the Commission on Postal Service transmitted its final report under section 7(f)(1) of the Act.

This provision was included in the legislation to ensure that the changes would be implemented only after the Commission had completed its work and provided its recommendations. The Commission's final report was a crucial step in the process, and the effective date was tied to its completion.

Interestingly, the amendments made by the 1976 Act were not uniform in their effective date. Some provisions, such as paragraphs (1), (3) to (9) of subsec. (a), took effect on July 1, 1971, while others, like paragraph (2) of subsec. (a), took effect on January 20, 1971. These different effective dates were specified in Resolution No. 71–9 and Resolution No. 71–10 of the Board of Governors, respectively.

1971 Amendment Effective Date

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The 1971 Amendment had a complex effective date. Pub. L. 91–656, §8(b), Jan. 8, 1971, 84 Stat. 1955, provided that the provisions of this section shall become effective on the effective date prescribed under section 15(a) of the Postal Reorganization Act.

The effective date for subsecs. (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this section was April 13, 1971, pursuant to Resolution No. 71–14 of the Board of Governors.

Subsecs. (b)(1) and (c)(4) had a different effective date, January 20, 1971, due to Resolution No. 71–10 of the Board of Governors.

Subsec. (d) became effective on July 1, 1971, as a result of Resolution No. 71–9 of the Board of Governors.

Services and Treatments

Pub. L. 117–108, title I, §103(b)(3), Apr. 6, 2022, 136 Stat. 1144, provided that all individual nonpostal services continued pursuant to section 404(e) of title 39, United States Code, are considered expressly authorized by chapter 37 of such title.

These services, provided directly or through licensing, are subject to the requirements of section 3705, subsections (a) through (d).

US Postage Stamp Illustrations and Printing

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The US Postal Service has a unique arrangement with the Government Publishing Office for printing postage stamp illustrations. The Director of the Government Publishing Office prints illustrations of US postage stamps, including black and white or color versions, along with relevant information.

The Postal Service requests the printing of these illustrations, which are then sold as public documents by the Superintendent of Documents. This is a special arrangement that allows the Postal Service to share information about US postage stamps with the public.

Notably, the stereotype or electrotype plates used in these publications cannot be sold or otherwise disposed of, according to section 405 of the article.

Services at Armed Forces Installations and International Arrangements

The Postal Service is allowed to establish branch post offices at Armed Forces installations, such as camps, posts, bases, or stations, as well as at defense or other strategic installations.

The Secretaries of Defense and Transportation work with the Postal Service to provide postal services through designated personnel at these branch post offices.

The Secretary of Defense has the authority to authorize the use of a post office established at an Armed Forces installation outside the United States for U.S. citizens who meet certain criteria, including being citizens of the United States and meeting other requirements.

Services at Armed Forces Installations

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The Postal Service may establish branch post offices at camps, posts, bases, or stations of the Armed Forces and at defense or other strategic installations.

The Secretaries of Defense and Transportation work with the Postal Service to provide postal services through designated personnel at these branch post offices.

The Secretary of Defense authorizes the use of post offices established at locations outside the United States for U.S. citizens who are serving in the Armed Forces.

However, no funds can be used to establish, maintain, or expand a post office for the purpose of serving U.S. citizens outside the United States.

The Secretary of Defense ensures that any treaties or agreements related to postal services are consistent with the views of a Commission, unless it's not in the U.S. foreign policy or national security interest.

International Arrangements

The Postal Service can make arrangements with other governments for the exchange of sums of money by means of postal orders. These arrangements can be made through postal conventions.

The Postal Service has the authority to fix limitations on the amount that can be exchanged and the rates of exchange.

These limitations will be crucial in determining the scope of international money-order exchanges.

International Money-Order Exchanges and Diplomatic Posts

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International money-order exchanges are governed by the Postal Service, which may make arrangements with other governments to exchange sums of money by means of postal orders. The Postal Service shall fix limitations on the amount which may be so exchanged and the rates of exchange.

The Commission is permitted to appear as a party in court proceedings related to the exchange of postal orders, even if it's not a party to the case. This is specified in paragraph (3)(A) of the relevant section.

The Postal Service may establish branch post offices at United States diplomatic missions in locations abroad, and the Department of State may enter into an agreement with the Postal Service to perform postal services at these branch post offices through personnel designated by the Department of State. This is made possible by agreements entered into under section 413.

International Money-Order Exchanges

The Postal Service can make arrangements with other governments for international money-order exchanges, but it must set limitations on the amount that can be exchanged and the rates of exchange.

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These arrangements can be made through postal conventions, which are agreements between governments that govern the exchange of postal services.

The Postal Service has the authority to fix the limitations on the amount that can be exchanged and the rates of exchange, giving it flexibility in managing international money-order exchanges.

In practice, this means that the Postal Service can set its own rules for how much money can be sent through international money orders and at what exchange rate.

Diplomatic Posts

The Postal Service and the Department of State may enter into agreements to provide postal services at branch post offices established by the Postal Service in United States diplomatic missions abroad.

To determine feasibility, the Postal Service and the Department of State will assess whether providing postal services through Department of State personnel is in the public interest.

If it's deemed feasible, the Postal Service may establish branch post offices at diplomatic missions abroad, and the Department of State will perform postal services through its personnel.

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The Department of State will reimburse the Postal Service for additional costs incurred, including transportation costs.

Each agreement must include provisions for reimbursement, termination of the agreement, and any other necessary provisions, such as closing a post office if a post office under section 406 is established in the same location.

Special Postage Stamps and Report by Comptroller General

The Comptroller General is responsible for conducting studies and investigations on the postal service, including special postage stamps.

The Comptroller General must report to Congress on the results of these studies and investigations, which can lead to changes in the postal service.

The Comptroller General's report can also include recommendations for new special postage stamps, which can be issued by the Postal Service.

Special Postage Stamps

The 9/11 Heroes Stamp was a special semipostal issued by the United States Postal Service to support the families of emergency relief personnel killed or permanently disabled in the line of duty on September 11, 2001.

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This semipostal was designed to provide a direct and tangible way for the public to offer assistance to these families. The stamp was issued in accordance with the 9/11 Heroes Stamp Act of 2001.

The semipostal was subject to the provisions of section 416 of title 39, United States Code, with some modifications. The rate of postage for the semipostal was specified, as well as the arrangements for transferring the proceeds to the Federal Emergency Management Agency.

The stamp was designed to depict the efforts of emergency relief personnel at the World Trade Center in New York City and the Pentagon in Arlington, Virginia. The term "emergency relief personnel" was defined to include firefighters, law enforcement officers, paramedics, emergency medical technicians, members of the clergy, and other individuals who respond to emergencies.

The semipostal was issued starting on the earliest date practicable and was available for a period of time necessary and appropriate, but no later than December 31, 2004.

Report by Comptroller General: Core Meaning Edition

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The Comptroller General of the United States is tasked with submitting reports on the operation of section 414 of title 39, United States Code.

These reports are required to be submitted no later than 3 months before the expiration date of section 414, but no earlier than 6 months beforehand.

The first report was due to address the effectiveness and appropriateness of the authority provided by section 414 as a means of fund-raising, and to describe the monetary and other resources required of the Postal Service in carrying out the section.

This report was part of Public Law 105–41, which was enacted on August 13, 1997.

The Comptroller General is also required to submit a report on the operation of section 414, as amended by Public Law 106–253, enacted on July 28, 2000.

This report is to be submitted in addition to the report required by Public Law 105–41, and is to address at least the same matters as were required to be included in that earlier report.

The Comptroller General is required to submit reports on the operation of section 414 at regular intervals, with the most recent report being due on or around April 6, 2022.

Prohibitions and Authority

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The Postal Service has certain restrictions on what it can and can't do. The Board may delegate authority to the Postmaster General under specific terms and conditions, but the Board remains responsible for carrying out its duties.

Delegations to the Postmaster General or committees must be consistent with other provisions of Title 39 and cannot relieve the Board of its full responsibility. The Board may establish committees and delegate powers as it deems necessary to carry out its functions.

The Postal Service may not restrict, eliminate, or adversely affect any service provided as a result of the payment of a penalty under the Occupational Safety and Health Act of 1970. This means that the Postal Service must maintain its services even if it incurs penalties.

The Secretary is authorized to publish certain memoranda in the Federal Register. This is a specific task that the Secretary is required to perform, but the details of what is being published are not specified.

The Postal Service has the authority to establish programs, such as the program under section 416 of Title 39. This program is to be established within 6 months of the date of the enactment of the relevant legislation.

Semipostals and Special Stamps

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The 9/11 Heroes Stamp Act of 2001 created a semipostal to help families of emergency relief personnel killed or permanently disabled in the line of duty.

This semipostal was issued to provide a tangible way for the public to assist these families. The United States Postal Service was required to issue the semipostal in accordance with specific requirements.

The semipostal had a unique rate of postage, and all proceeds from its sale were transferred to the Federal Emergency Management Agency. The Postal Service established arrangements with the agency to carry out the purposes of the section.

The semipostal was designed to depict the efforts of emergency relief personnel at the World Trade Center and the Pentagon. The design was intended to be most appropriate as determined by the Postal Service.

Emergency relief personnel included firefighters, law enforcement officers, paramedics, and other individuals who responded to emergencies. This definition applied to the semipostal's purposes.

Reform and Provisions

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The Hatch Act Reform Amendments of 1993 had a significant impact on postal employees. Pub. L. 103–94 made amendments to Title 5, Government Organization and Employees, and Title 18, Crimes and Criminal Procedure.

The amendments made by this Act, except for those made by section 8, apply to employees of the United States Postal Service and the Postal Regulatory Commission. This is according to sections 410(b) and 3604(e) of Title 39, United States Code.

The Postal Regulatory Commission was previously known as the Postal Rate Commission. This change was made by Pub. L. 109–435, which substituted "Postal Regulatory Commission" for "Postal Rate Commission".

The amendments made by Pub. L. 109–435 also apply to fiscal years beginning on or after October 1, 2008. The provisions of Title 39, United States Code, and the Inspector General Act of 1978 continue to apply in the same way as if this section had never been enacted for purposes of any fiscal year before the first fiscal year to which the amendments apply.

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The Postal Regulatory Commission is responsible for examining abuses of rates for nonprofit mail. The Commission must report the results of its examination to the Postal Service, along with any recommendations it determines appropriate.

If the Postal Service fails to act on the recommendations of the Commission, the Commission may take action to prevent abuse of rates or deception of consumers.

Cooperative Mailings and Commissioners

The Postal Regulatory Commission is responsible for examining provisions related to cooperative mailings. It looks out for abuses of rates for nonprofit mail.

The Commission must report its findings to the Postal Service, along with any recommendations it deems necessary. This report helps identify potential issues and suggests ways to address them.

If the Postal Service fails to act on the Commission's recommendations, the Commission can take further action to prevent abuse of rates or deception of consumers.

Flats Operations Reform

The Postal Regulatory Commission is required to conduct a study on Flats Operations by April 6, 2023, and submit a report to Congress and the Postmaster General.

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The study will identify the causes of inefficiencies in the collection, sorting, transportation, and delivery of Flats, as well as quantify the effects of volume trends, investment decisions, excess capacity, and operational inefficiencies on the direct and indirect costs of the Postal Service that are attributable to Flats.

The Postal Service must provide access to facilities and information necessary for the study, and the Postal Regulatory Commission must submit the report within one year of the date of the enactment of this Act.

The report will provide a comprehensive analysis of the inefficiencies in Flats Operations, and the Postal Service must use this information to develop and implement a plan to remedy each inefficiency identified in the study.

The plan must be approved by the Postal Regulatory Commission and provide an opportunity for public comment, and the Postmaster General must submit a written notice to Congress and the Postal Regulatory Commission when the plan is fully implemented.

The Postal Service must consider the findings of the report and the plan's efficacy in making any adjustments to the rate of a market-dominant product during the five-year period following the submission of the report.

The Postal Regulatory Commission must also submit a report to Congress with recommendations for any legislation or other measures necessary to improve the effectiveness or efficiency of the postal laws of the United States.

Cooperative Mailings Provisions

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The Postal Regulatory Commission is responsible for examining abuses of rates for nonprofit mail and reporting its findings to the Postal Service.

The Commission must also provide recommendations to the Postal Service to prevent these abuses.

If the Postal Service fails to act on the Commission's recommendations, the Commission can take necessary action to prevent rate abuse or consumer deception.

The Commission's report to the Postal Service is a crucial step in addressing rate abuses and ensuring fairness in the mailing system.

502. Commissioners

The Postal Regulatory Commission is made up of 5 Commissioners, appointed by the President with Senate approval. They must have expertise in areas like economics, accounting, law, or public administration.

Each Commissioner has a specific set of qualifications and expertise necessary to carry out their duties. Not more than 3 Commissioners can be from the same political party.

Commissioners are appointed for 6-year terms. One of them is designated as Chairman by the President, who serves at their pleasure. The Chairman's role is crucial, but it's not a permanent position.

In the absence of the Chairman, the Vice Chairman takes over. The Vice Chairman is designated by the Commissioners through a majority vote.

Rules; Regulations; Procedures

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The Postal Regulatory Commission has the authority to promulgate rules and regulations, as well as establish procedures. These rules and regulations are subject to chapters 5 and 7 of title 5, Government Organization and Employees.

The Commission is responsible for carrying out their functions and obligations to the Government of the United States and the people. They have the power to take any other action they deem necessary and proper to fulfill their duties.

The rules, regulations, procedures, and actions taken by the Commission are not subject to change or supervision by the Postal Service. This means that the Commission has a significant amount of autonomy in their decision-making process.

The Commission's rules and regulations are established to carry out their functions and obligations under this title. They are an essential part of the regulatory framework for the postal service.

Effective Dates and Disposition

The effective date of the 1971 amendment to Title 39 of the United States Code was tied to the effective date of section 410 of title 39, which was enacted by the Postal Reorganization Act.

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Pub. L. 91–656, which made the amendment, specified that it would become effective on a date to be determined by section 15(a) of the Postal Reorganization Act.

Subsections (a), (b)(2) to (6), and (c)(1) to (3), (5), (6) of this section became effective on April 13, 1971, as a result of Resolution No. 71–14 of the Board of Governors.

Subsections (b)(1) and (c)(4) were effective on January 20, 1971, and July 1, 1971, respectively, due to Resolutions No. 71–10 and 71–9 of the Board of Governors.

The 2006 amendment to Title 39 of the United States Code had a more complex effective date, applying to fiscal years beginning on or after October 1, 2008.

A savings provision was included to ensure that the amended provisions would not affect fiscal years before the first fiscal year to which the amendments applied.

Mail Matter and Searches

The Postal Service has the authority to make searches for mail matter transported in violation of law. This power is granted to any officer or employee of the Postal Service.

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To conduct a search, the authorized officer must have reason to believe that mailable matter is being transported contrary to law. This can be in a vehicle, an article within the vehicle, or a store or office used by a common carrier.

The search can only be conducted in specific locations, such as a vehicle passing from a place with a post office, a store or office used by a common carrier, or an article within the vehicle.

Mail Matter

Mail matter is governed by specific rules and regulations.

You can carry a letter out of the mail if the postage is paid on the envelope, it's properly addressed, and the sender cancels the stamps in ink. The date of transmission or receipt by the carrier must also be endorsed on the envelope in ink.

The amount paid for private carriage of the letter must be at least six times the rate charged for a single-piece first-class letter. Alternatively, the letter can weigh at least 12½ ounces.

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Here are the conditions for carrying a letter out of the mail:

  • The amount of postage is paid on the envelope.
  • The envelope is properly addressed.
  • The sender cancels the stamps in ink.
  • The date of transmission or receipt by the carrier is endorsed on the envelope in ink.
  • The amount paid for private carriage is at least six times the rate charged for a single-piece first-class letter.
  • The letter weighs at least 12½ ounces.

Searches Authorized

The Postal Service has the authority to authorize searches for mail matter transported in violation of law. This is stated in §603 of the Postal Service regulations.

Authorized officers or employees can make searches in various locations, including vehicles that have passed through a post office. They can also search articles being transported in these vehicles.

If an officer has reason to believe that mail matter is being transported contrary to law, they can open and search any vehicle that has passed through a post office. This includes vehicles that have been used for transporting mail.

Additionally, authorized officers can search stores or offices used by common carriers or transportation companies. This is also permitted if an article may be contained in such a location.

Seizing and Detaining Letters

Seizing and detaining letters is a serious matter that can happen to anyone. An officer or employee of the Postal Service, a customs officer, or a United States marshal or his deputy can seize letters and packages being carried contrary to law.

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These officials can seize letters and packages on board any vessel or on any post road. They can also seize them at any time, without warning.

The officer or employee who makes the seizure must convey the seized articles to the nearest post office. They can also be directed by the Postal Service or the Secretary of the Treasury to detain them until 2 months after the final determination of all suits and proceedings.

Detention can last up to 2 months after all suits and proceedings are finalized. This can happen even if no one is brought to court within 6 months after the seizure.

Seizing and Detaining Letters

Seizing and detaining letters is a serious matter, and the law is clear on who can do it and under what circumstances. An officer or employee of the Postal Service, a customs officer, or a United States marshal or his deputy can seize letters being carried contrary to law.

A Red Mailbox on a Concrete Post
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These individuals can seize letters on board any vessel or on any post road. The seized letters are then conveyed to the nearest post office.

The person making the seizure is required to follow a specific process. They must convey the seized letters to the nearest post office. Alternatively, by direction of the Postal Service or the Secretary of the Treasury, they can detain the letters until 2 months after the final determination of all suits and proceedings.

Detention can last up to 2 months, but only after all suits and proceedings have been resolved. This means that no more than 6 months can pass from the seizure to the final determination of all suits and proceedings.

Frequently Asked Questions

Is the Postal Service mentioned in the Constitution of the United States?

Yes, the Postal Service is mentioned in the United States Constitution, specifically in Article I, Section 8, Clause 7. This clause grants Congress the power to establish the postal system, including post offices and roads.

Clara Donnelly

Writer

Clara Donnelly is a versatile writer with a passion for crafting engaging content across various industries. With a keen eye for detail and a knack for storytelling, she brings complex topics to life through her writing. Her expertise spans a range of topics, including sustainable packaging solutions, where she explores innovative ideas and eco-friendly practices that minimize waste and promote environmental responsibility.

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