§ 2003. — The Postal Service Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC2003]
TITLE 39--POSTAL SERVICE
PART III--MODERNIZATION AND FISCAL ADMINISTRATION
CHAPTER 20--FINANCE
Sec. 2003. The Postal Service Fund
(a) There is established in the Treasury of the United States a
revolving fund to be called the Postal Service Fund which shall be
available to the Postal Service without fiscal-year limitation to carry
out the purposes, functions, and powers authorized by this title.
(b) There shall be deposited in the Fund, subject to withdrawal by
check by the Postal Service--
(1) revenues from postal and nonpostal services rendered by the
Postal Service;
(2) amounts received from obligations issued by the Postal
Service;
(3) amounts appropriated for the use of the Postal Service;
(4) interest which may be earned on investments of the Fund;
(5) any other receipts of the Postal Service;
(6) the balance in the Post Office Department Fund established
under former section 2202 of title 39 as of the commencement of
operations of the Postal Service;
(7) amounts (including proceeds from the sale of forfeited
items) from any civil forfeiture conducted by the Postal Service;
and
(8) any transfers from the Secretary of the Treasury from the
Department of the Treasury Forfeiture Fund which shall be available
to the Postmaster General only for Federal law enforcement related
purposes.
(c) If the Postal Service determines that the moneys of the Fund are
in excess of current needs, it may request the investment of such
amounts as it deems advisable by the Secretary of the Treasury in
obligations of, or obligations guaranteed by, the Government of the
United States, and, with the approval of the Secretary, in such other
obligations or securities as it deems appropriate.
(d) With the approval of the Secretary of the Treasury, the Postal
Service may deposit moneys of the Fund in any Federal Reserve bank, any
depository for public funds, or in such other places and in such manner
as the Postal Service and the Secretary may mutually agree.
(e)(1) The Fund shall be available for the payment of all expenses
incurred by the Postal Service in carrying out its functions as provided
by law and, subject to the provisions of section 3604 of this title, all
of the expenses of the Postal Rate Commission. The Postmaster General
shall transfer from the Fund to the Secretary of the Treasury for
deposit in the Department of the Treasury Forfeiture Fund amounts
appropriate to reflect the degree of participation of Department of the
Treasury law enforcement organizations (described in section 9703(p) \1\
of title 31) in the law enforcement effort resulting in the forfeiture
pursuant to laws enforced or administered by the Postal Service. Neither
the Fund nor any of the funds credited to it shall be subject to
apportionment under the provisions of subchapter II of chapter 15 of
title 31.
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\1\ See References in Text note below.
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(2) Funds appropriated to the Postal Service under section 2401 of
this title shall be apportioned as provided in this paragraph. From the
total amounts appropriated to the Postal Service for any fiscal year
under the authorizations contained in section 2401 of this title, the
Secretary of the Treasury shall make available to the Postal Service 25
percent of such amount at the beginning of each quarter of such fiscal
year.
(f) Notwithstanding any other provision of this section, any amounts
appropriated to the Postal Service under subsection (d) of section 2401
of this title and deposited into the Fund shall be expended by the
Postal Service only for the purposes provided in such subsection.
(g) Notwithstanding any provision of section 8147 of title 5,
whenever the Secretary of Labor furnishes a statement to the Postal
Service indicating an amount due from the Postal Service under
subsection (b) of that section, the Postal Service shall make the
deposit required pursuant to that statement (and any additional payment
under subsection (c) of that section, to the extent that it relates to
the period covered by such statement) not later than 30 days after the
date on which such statement is so furnished. Any deposit (and any
additional payment) which is subject to the preceding sentence shall,
once made, remain available without fiscal year limitation.
(h) Liabilities of the former Post Office Department to the
Employees' Compensation Fund (appropriations for which were authorized
by former section 2004, as in effect before the effective date of this
subsection) shall be liabilities of the Postal Service payable out of
the Fund.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 739; Pub. L. 94-421, Sec. 2(c),
Sept. 24, 1976, 90 Stat. 1304; Pub. L. 97-35, title XVII, Sec. 1725,
Aug. 13, 1981, 95 Stat. 760; Pub. L. 97-258, Sec. 3(l)(1), Sept. 13,
1982, 96 Stat. 1066; Pub. L. 99-500, Sec. 101(m) [title II,
Sec. 201(b)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-314, and Pub. L.
99-591, Sec. 101(m) [title II, Sec. 201(b)], Oct. 30, 1986, 100 Stat.
3341-308, 3341-314; Pub. L. 100-690, title VI, Sec. 6252, Nov. 18, 1988,
102 Stat. 4362; Pub. L. 101-239, title IV, Sec. 4004(a), Dec. 19, 1989,
103 Stat. 2135; Pub. L. 102-393, title VI, Sec. 638(g), Oct. 6, 1992,
106 Stat. 1790; Pub. L. 105-33, title VII, Sec. 7003(a)(2)(B), (b), Aug.
5, 1997, 111 Stat. 663.)
References in Text
Former section 2202 of title 39, referred to in subsec. (a)(6),
means section 2202 of former Title 39, The Postal Service, prior to the
general revision and reenactment of Title 39 by Pub. L. 91-375, Aug. 12,
1970, 84 Stat. 719.
Section 9703(p) of title 31, referred to in subsec. (e)(1), probably
means the section 9703 of title 31 added by section 638(b)(1) of Pub. L.
102-393, title VI, Oct. 6, 1992, 106 Stat. 1779.
Section 2004, as in effect before the effective date of this
subsection, referred to in subsec. (h), means section 2004 of this
title, as in effect before Oct. 1, 1997. Section 2004 was repealed by
Pub. L. 105-33, title VII, Sec. 7003(a)(1), Aug. 5, 1997, 111 Stat. 663.
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
1997--Subsec. (e)(2). Pub. L. 105-33, Sec. 7003(a)(2)(B),
substituted ``section 2401'' for ``sections 2401 and 2004'' in two
places.
Subsec. (h). Pub. L. 105-33, Sec. 7003(b), added subsec. (h).
1992--Subsec. (b)(8). Pub. L. 102-393, Sec. 638(g)(1), added par.
(8).
Subsec. (e)(1). Pub. L. 102-393, Sec. 638(g)(2), inserted after
first sentence ``The Postmaster General shall transfer from the Fund to
the Secretary of the Treasury for deposit in the Department of the
Treasury Forfeiture Fund amounts appropriate to reflect the degree of
participation of Department of the Treasury law enforcement
organizations (described in section 9703(p) of title 31) in the law
enforcement effort resulting in the forfeiture pursuant to laws enforced
or administered by the Postal Service.''
1989--Subsec. (g). Pub. L. 101-239 added subsec. (g).
1988--Subsec. (b)(7). Pub. L. 100-690 struck out ``administrative''
after ``civil'' and ``under title 18'' after ``Service''.
1986--Subsec. (b)(7). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m)
[title II, Sec. 201(b)(1)-(3)], added par. (7).
Subsec. (e)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m)
[title II, Sec. 201(b)(4)], substituted ``as provided by law'' for
``under this title''.
1982--Subsec. (e)(1). Pub. L. 97-258 substituted ``subchapter II of
chapter 15 of title 31'' for ``section 665 of title 31''.
1981--Subsec. (e). Pub. L. 97-35 redesignated existing provisions as
par. (1) and added par. (2).
1976--Subsec. (f). Pub. L. 94-421 added subsec. (f).
Effective Date of 1997 Amendment
Section 7003(c) of Pub. L. 105-33 provided that:
``(1) In general.--This section [amending this section and repealing
section 2004 of this title] and the amendments made by this section
shall take effect on the date of the enactment of this Act [Aug. 5,
1997] or October 1, 1997, whichever is later.
``(2) Provisions relating to payments for fiscal year 1998.--
``(A) Amounts not yet paid.--No payment may be made to the
Postal Service Fund, on or after the date of the enactment of this
Act, pursuant to any appropriation for fiscal year 1998 authorized
by section 2004 of title 39, United States Code (as in effect before
the effective date of this section).
``(B) Amounts paid.--If any payment to the Postal Service Fund
is or has been made pursuant to an appropriation for fiscal year
1998 authorized by such section 2004, then, an amount equal to the
amount of such payment shall be paid from such Fund into the
Treasury as miscellaneous receipts before October 1, 1998.''
Effective Date of 1989 Amendment
Section 4004(b) of Pub. L. 101-239 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on
October 1, 1989.''
Effective Date of 1981 Amendment
Section 1727 of Pub. L. 97-35 provided that: ``The provisions of
this subtitle [subtitle B (Secs. 1721-1727) of title XVII of Pub. L. 97-
35, amending this section and section 2401 of this title and enacting
provisions set out as notes under sections 403, 2004, and 2401 of this
title] (other than section 1726 and this section) shall take effect on
October 1, 1981. The provisions of sections 1726 [enacting a provision
set out as a note under section 403 of this title] and this section
[enacting this provision] shall take effect on the date of the enactment
of this Act [Aug. 13, 1981].''
Contributions by United States Postal Service to Civil Service
Retirement and Disability Fund
Pub. L. 100-203, title VI, Sec. 6002, Dec. 22, 1987, 101 Stat. 1330-
276, provided that:
``(a) Establishment of Postal Service Escrow Fund.--There is
established as a separate account in the United States Treasury, the
`Postal Service Escrow Fund'. Such Fund shall--
``(1) have such amounts described under subsection (b)(2)
deposited no later than October 31, 1988;
``(2) not be available for expenditures of any amounts therein
during the existence of such Fund; and
``(3) cease to exist on October 1, 1989, and on such date all
amounts deposited in such Fund under subsection (b)(2) shall be
deposited in the Postal Service Fund established under section 2003
of title 39, United States Code.
``(b) Deposit of Certain Savings in Certain Funds.--
``(1) Fiscal year 1988.--From all funds available to the United
States Postal Service in fiscal year 1988, the Postal Service shall
deposit into the Civil Service Retirement and Disability Fund
established under section 8348 of title 5, United States Code, an
amount of $350,000,000 in fiscal year 1988, in addition to any
amount deposited pursuant to subsection (h) of such section.
``(2) Fiscal year 1989.--From all funds available to the United
States Postal Service in fiscal year 1989, the Postal Service shall
deposit into the Postal Service Escrow Fund an amount of
$465,000,000 no later than October 31, 1988.
``(c) Capital Limitations for Fiscal Years 1988 and 1989.--
``(1) The United States Postal Service may not make any
commitment or obligation to expend any monies deposited in the
Postal Service Fund established under section 2003 of title 39,
United States Code, for the capital investment program--
``(A) in excess of $625,000,000 in fiscal year 1988; and
``(B) in excess of $1,995,000,000 in fiscal year 1989.
``(2) Capital investment programs.--For the purposes of
paragraph (1) the term `capital investment program' shall include
all investments in long-term assets and capital investment
expenditures (including direct and indirect costs associated with
such investments and expenditures, such as obligations through
contracts).''
Section Referred to in Other Sections
This section is referred to in sections 2001, 3604 of this title;
title 18 section 2254; title 21 section 881; title 28 section 524; title
31 sections 3806, 9703; title 42 section 10601.
