US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC3621]

 
                        TITLE 39--POSTAL SERVICE
 
                          PART IV--MAIL MATTER
 
             CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES
 
           SUBCHAPTER II--PERMANENT RATES AND CLASSES OF MAIL
 
Sec. 3621. Authority to fix rates and classes

    Except as otherwise provided, the Governors are authorized to 
establish reasonable and equitable classes of mail and reasonable and 
equitable rates of postage and fees for postal services in accordance 
with the provisions of this chapter. Postal rates and fees shall be 
reasonable and equitable and sufficient to enable the Postal Service 
under 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. Postal rates and fees shall 
provide sufficient revenues so that the total estimated income and 
appropriations to the Postal Service will equal as nearly as practicable 
total estimated costs of the Postal Service. For purposes of this 
section, ``total estimated costs'' shall include (without limitation) 
operating expenses, depreciation on capital facilities and equipment, 
debt service (including interest, amortization of debt discount and 
expense, and provision for sinking funds or other retirements of 
obligations to the extent that such provision exceeds applicable 
depreciation charges), and a reasonable provision for contingencies.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 760.)


                             Effective Date

    Subchapter effective Jan. 20, 1971, pursuant to Resolution No. 71-10 
of the Board of Governors. See section 15(a) of Pub. L. 91-375, set out 
as a note preceding section 101 of this title.


                         Ratemaking Limitations

    Pub. L. 103-123, title VII, Sec. 704(b)(2), Oct. 28, 1993, 107 Stat. 
1270, provided that:
    ``(A) In general.--Except as provided in subparagraph (B), rates of 
postage may not be established, under subchapter II of chapter 36 of 
title 39, United States Code, in a manner designed to allow the United 
States Postal Service to receive through revenues any portion of the 
additional revenues (referred to in section 2401(d) of such title, as 
amended by paragraph (1)(E)) for which amounts are authorized to be 
appropriated under such section 2401(d).
    ``(B) Exception.--If Congress fails to appropriate an amount 
authorized under section 2401(d) of title 39, United States Code (as 
amended by paragraph (1)(E)), rates for the various classes of mail may 
be adjusted in accordance with the provisions of subchapter II of 
chapter 36 of such title (excluding section 3627 thereof) such that the 
resulting increase in revenues will equal the amount that Congress so 
failed to appropriate.''


                 Continuation of Existing Rates and Fees

    Section 3 of Pub. L. 91-375 provided that: ``The classes of mail, 
the rates of postage, and fees for postal services prescribed by law or 
regulation made or adopted prior to the effective date [see Effective 
Date note set out above] of subchapter II of chapter 36 of title 39, 
United States Code, as enacted by section 2 of this Act, shall be in 
effect according to the terms of such law or regulation until changed in 
accordance with such subchapter.''
    Provisions of section 3 of Pub. L. 91-375 effective within 1 year 
after Aug. 12, 1970, on date established therefor by the Board of 
Governors and published by it in the Federal Register, see section 15(a) 
of Pub. L. 91-375, set out as an Effective Date note preceding section 
101 of this title.