US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 2401. —  Appropriations.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC2401]

 
                        TITLE 39--POSTAL SERVICE
 
            PART III--MODERNIZATION AND FISCAL ADMINISTRATION
 
              CHAPTER 24--APPROPRIATIONS AND ANNUAL REPORT
 
Sec. 2401. Appropriations

    (a) There are appropriated to the Postal Service all revenues 
received by the Postal Service.
    (b)(1) As reimbursement to the Postal Service for public service 
costs incurred by it in providing a maximum degree of effective and 
regular postal service nationwide, in communities where post offices may 
not be deemed self-sustaining, as elsewhere, there are authorized to be 
appropriated to the Postal Service the following amounts:
        (A) for each of the fiscal years 1972 through 1979, an amount 
    equal to 10 percent of the sum appropriated to the former Post 
    Office Department by Act of Congress for its use in fiscal year 
    1971;
        (B) for fiscal year 1980, an amount equal to 9 percent of such 
    sum for fiscal year 1971;
        (C) for fiscal year 1981, $486,000,000;
        (D) for fiscal year 1982, $250,000,000;
        (E) for fiscal year 1983, $100,000,000;
        (F) for fiscal year 1984, no funds are authorized to be 
    appropriated; and
        (G) except as provided in paragraph (2) of this subsection, for 
    each fiscal year thereafter an amount equal to 5 percent of such sum 
    for fiscal year 1971.

    (2) After fiscal year 1984, the Postal Service may reduce the 
percentage figure in paragraph (1)(G) of this subsection, including a 
reduction to 0, if the Postal Service finds that the amounts determined 
under such paragraph are no longer required to operate the Postal 
Service in accordance with the policies of this title.
    (c) There are authorized to be appropriated to the Postal Service 
each year a sum determined by the Postal Service to be equal to the 
difference between the revenues the Postal Service would have received 
if sections 3217 and 3403 through 3406 had not been enacted and the 
estimated revenues to be received on mail carried under such sections. 
In requesting an appropriation under this subsection for a fiscal year, 
the Postal Service shall include an amount to reconcile sums authorized 
to be appropriated for prior fiscal years on the basis of estimated mail 
volume.
    (d) As reimbursement to the Postal Service for losses which it 
incurred as a result of insufficient amounts appropriated under section 
2401(c) for fiscal years 1991 through 1993, and to compensate for the 
additional revenues it is estimated the Postal Service would have 
received under the provisions of section 3626(a), for the period 
beginning on October 1, 1993, and ending on September 30, 1998, if the 
fraction specified in subclause (VI) of section 3626(a)(3)(B)(ii) were 
applied with respect to such period (instead of the respective fractions 
specified in subclauses (I) through (V) thereof), there are authorized 
to be appropriated to the Postal Service $29,000,000 for each of fiscal 
years 1994 through 2035.
    (e) The Postal Service shall present to the Committee on 
Governmental Affairs of the Senate and the Committee on Post Office and 
Civil Service of the House of Representatives and the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
same time it submits its annual budget under section 2009 of this title, 
sufficient copies of the budget of the Postal Service for the fiscal 
year for which funds are requested to be appropriated, and a 
comprehensive statement relating to the following matters:
        (1) the plans, policies, and procedures of the Postal Service 
    designed to comply with all of the provisions of section 101 of this 
    title;
        (2) postal operations generally, including data on the speed and 
    reliability of service provided for the various classes of mail and 
    types of mail service, mail volume, productivity, trends in postal 
    operations, and analyses of the impact of internal and external 
    factors upon the Postal Service;
        (3) a listing of the total expenditures and obligations incurred 
    by the Postal Service for the most recent fiscal year for which 
    information is available, an estimate of the total expenditures and 
    obligations to be incurred by the Postal Service during the fiscal 
    year for which funds are requested to be appropriated, and the means 
    by which these estimated expenses will be financed; and
        (4) such other matters as the committees may determine necessary 
    to ensure that the Congress is fully and currently consulted and 
    informed on postal operations, plans, and policies.

Not later than March 15 of each year, the Postal Service shall appear 
before the Committee on Governmental Affairs of the Senate and the 
Committee on Post Office and Civil Service of the House of 
Representatives to submit information which any such committee considers 
necessary to determine the amount of funds to be appropriated for the 
operation of the Postal Service, and to present testimony and respond to 
questions with respect to such budget and statement. Each such committee 
shall take such action as it considers appropriate and shall advise the 
Postal Service of such action.
    (f) The failure of the President to request the appropriation of any 
part of the funds authorized by this section may not be deemed a failure 
of appropriations.
    (g) The rates established under chapter 36 of this title for zone-
rated parcels formerly entered under former chapter 67 of this title 
shall not be more than 10 percent less than the rates for such mail 
would be if the funds authorized under subsection (b) were not 
appropriated.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 743; Pub. L. 94-421, Sec. 2(a), 
(b), Sept. 24, 1976, 90 Stat. 1303; Pub. L. 95-593, Sec. 11(a), Nov. 4, 
1978, 92 Stat. 2538; Pub. L. 96-499, title IV, Secs. 411, 414(a), Dec. 
5, 1980, 94 Stat. 2607; Pub. L. 97-35, title XVII, Sec. 1721, Aug. 13, 
1981, 95 Stat. 759; Pub. L. 99-410, title II, Sec. 201(b)(2), Aug. 28, 
1986, 100 Stat. 928; Pub. L. 99-509, title VI, Sec. 6003(b), Oct. 21, 
1986, 100 Stat. 1933; Pub. L. 101-509, title II, Sec. 1(b), Nov. 5, 
1990, 104 Stat. 1398; Pub. L. 102-141, title II, Oct. 28, 1991, 105 
Stat. 842; Pub. L. 103-31, Sec. 8(h)(2), May 20, 1993, 107 Stat. 86; 
Pub. L. 103-123, title VII, Secs. 703(a), 704(b)(1), Oct. 28, 1993, 107 
Stat. 1267, 1270; Pub. L. 103-437, Sec. 13, Nov. 2, 1994, 108 Stat. 
4590.)

                       References in Text

    Former chapter 67 of title 39, referred to in subsec. (g), means 
chapter 67 (Sec. 4551 et seq.) 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.


                               Amendments

    1994--Subsec. (e). Pub. L. 103-437, in introductory provisions, 
substituted ``Committee on Governmental Affairs of the Senate and the 
Committee on Post Office and Civil Service of the House of 
Representatives'' for ``Committees on Post Office and Civil Service'', 
and, in concluding provisions, substituted ``Committee on Governmental 
Affairs of the Senate and the Committee on Post Office and Civil Service 
of the House of Representatives'' for ``Committees on Post Office and 
Civil Service of the Senate and the House of Representatives''.
    1993--Subsec. (c). Pub. L. 103-123, Sec. 703(a), in first sentence 
substituted ``if sections 3217 and 3403 through 3406 had not been 
enacted'' for ``if sections 3217, 3403-3406, 3626(a)-(h), 3626(j)-(k), 
and 3629 of this title, had not been enacted'' and ``such sections.'' 
for ``such sections and Acts.'' and in second sentence struck out 
``(i)'' after ``Postal Service shall'' and substituted ``volume.'' for 
``volume; and (ii) calculate the sums requested in respect of mail under 
former sections 4452(b) and 4452(c) of this title as though all such 
mail consisted of letter shaped pieces, as such pieces are defined in 
the then effective classification and rate schedules.''
    Pub. L. 103-31 substituted ``3626(a)-(h), 3626(j)-(k), and 3629 of 
this title'' for ``and 3626(a)-(h) and (j)-(k) of this title,'' in first 
sentence.
    Subsec. (d). Pub. L. 103-123, Sec. 704(b)(1)(A), (E), added subsec. 
(d) and struck out former subsec. (d) which read as follows:
    ``(d)(1) There is authorized to be appropriated to the Postal 
Service for fiscal year 1976 and for the period beginning July 1, 1976, 
and ending September 30, 1976, the amount of $500,000,000 to be applied 
against the accumulated operating indebtedness of the Postal Service as 
of September 30, 1976.
    ``(2) There is authorized to be appropriated to the Postal Service 
for fiscal year 1977 the amount of $500,000,000 to be applied against 
the accumulated operating indebtedness of the Postal Service as of 
September 30, 1977.''
    Subsec. (e). Pub. L. 103-123, Sec. 704(b)(1)(A), (B), redesignated 
subsec. (g) as (e) and struck out former subsec. (e) which restricted 
Postal Service from effectuating any rate of postage exceeding rates in 
effect on Sept. 24, 1976, diminishing services below July 1, 1976, 
levels, closing post offices where 35 or more families regularly receive 
their mail and which was providing service on July 1, 1976, or closing 
post offices where fewer than 35 families receive their mail and which 
was providing service on July 1, 1976, unless 60 percent of patrons 
consent to such closing in writing.
    Subsec. (f). Pub. L. 103-123, Sec. 704(b)(1)(A)-(C), redesignated 
subsec. (h) as (f), struck out at end ``The failure of the President to 
request the appropriation of any part of the funds authorized by this 
section shall not relieve the Postal Service from the responsibility to 
comply with the provisions of subsections (e) and (f) of this 
section.'', and struck out former subsec. (f) which read as follows: 
``During the period beginning on the date of the appropriation of the 
funds under subsection (d)(1) and ending on the date on which the 
Commission on Postal Service is required to transmit the final report 
required under section 7(f)(1) of the Postal Reorganization Act 
Amendments of 1976 to the President and each House of Congress, the 
Postal Service shall provide door delivery or curbline delivery to all 
permanent residential addresses (other than apartment building 
addresses) to which service is begun on or after the date of enactment 
of the Postal Reorganization Act Amendments of 1976.''
    Subsec. (g). Pub. L. 103-123, Sec. 704(b)(1)(B), (D), redesignated 
(i) as (g) and substituted ``subsection (b)'' for ``subsections (b) and 
(d) of this section''. Former subsec. (g) redesignated (e).
    Subsecs. (h), (i). Pub. L. 103-123, Sec. 704(b)(1)(B), redesignated 
subsecs. (h) and (i) as (f) and (g), respectively.
    1991--Subsec. (c). Pub. L. 102-141 amended last sentence generally. 
Prior to amendment, last sentence read as follows: ``In requesting an 
appropriation under this subsection for a fiscal year, the Postal 
Service shall include an amount to reconcile sums authorized to be 
appropriated for prior fiscal years on the basis of estimated mail 
volume with sums which would have been authorized to be appropriated if 
based on the final audited mail volume.''
    1990--Subsec. (c). Pub. L. 101-509 substituted ``3626(a)-(h) and 
(j)-(k)'' for ``3626(a)-(h)''.
    1986--Subsec. (c). Pub. L. 99-509 substituted ``3626(a)-(h)'' for 
``3626''.
    Pub. L. 99-410 substituted ``3406'' for ``3405'' and struck out 
``the Overseas Citizens Voting Rights Act of 1975, and the Federal 
Voting Assistance Act of 1955'' after ``3626 of this title,''.
    1981--Subsec. (b)(1). Pub. L. 97-35 substituted ``$250,000,000'' for 
``an amount equal to 7 percent of such sum for fiscal year 1971'' in 
subpar. (D), substituted ``$100,000,000'' for ``an amount equal to 6 
percent of such sum for fiscal year 1971'' in subpar. (E), and 
substituted ``no funds are authorized to be appropriated'' for ``an 
amount equal to 5 percent of such sum for fiscal year 1971'' in subpar. 
(F).
    1980--Subsec. (b)(1)(C). Pub. L. 96-499, Sec. 411, substituted 
``$486,000,000'' for ``an amount equal to 8 percent of such sum for 
fiscal year 1971''.
    Subsec. (c). Pub. L. 96-499, Sec. 414(a), inserted provision 
requiring Postal Service when requesting an appropriation under subsec. 
(c) to reconcile sums authorized to be appropriated for prior fiscal 
years on the basis of estimated mail volume with sums which would have 
been authorized if based on the final audited mail volume.
    1978--Subsec. (c). Pub. L. 95-593 inserted provisions relating to 
applicability of Overseas Citizens Voting Rights Act of 1975.
    1976--Subsec. (b)(3). Pub. L. 94-421, Sec. 2(a), struck out par. (3) 
which required Postal Service, when requesting appropriations, to 
present to the appropriate committees in Congress, a statement of its 
compliance with the cost policy established under section 101(b) of this 
title.
    Subsecs. (d) to (i). Pub. L. 94-421, Sec. 2(b), added subsecs. (d) 
to (i).


                    Effective Date of 1993 Amendments

    Section 703(b) of Pub. L. 103-123 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to appropriations for fiscal years beginning after September 30, 1993.''
    Section 704(c)(2) of Pub. L. 103-123 provided that: ``The amendments 
made by subsection (b) [amending this section] shall apply with respect 
to appropriations for fiscal years beginning after September 30, 1993.''
    Amendment by Pub. L. 103-31 effective (1) with respect to a State 
that, on May 20, 1993, has a provision in the constitution of the State 
that would preclude compliance with section 1973gg et seq. of Title 42, 
The Public Health and Welfare, unless the State maintained separate 
Federal and State official lists of eligible voters, on the later of 
Jan. 1, 1996, or the date that is 120 days after the date by which, 
under the constitution of the State as in effect on May 20, 1993, it 
would be legally possible to adopt and place into effect any amendments 
to the constitution of the State that are necessary to permit compliance 
with section 1973gg et seq. of Title 42 without requiring a special 
election, and (2) with respect to a State not described in cl. (1) on 
Jan. 1, 1995, see section 13 of Pub. L. 103-31, set out as an Effective 
Date note under section 1973gg of Title 42.


                    Effective Date of 1990 Amendment

    Section 1(c) of Pub. L. 101-509 provided that: ``The amendment 
enacted by this section [amending this section and section 3626 of this 
title] shall become effective ninety days after the date of enactment of 
this Act [Nov. 5, 1990].''


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-509 effective Jan. 1, 1989, or effective 
date of next general change in rates and fees under sections 3622 and 
3625 of this title [Apr. 3, 1988], whichever is sooner, see section 
6003(c) of Pub. L. 99-509 set out as a note under section 3626 of this 
title.
    Amendment by Pub. L. 99-410 applicable with respect to elections 
taking place after Dec. 31, 1987, see section 204 of Pub. L. 99-410, set 
out as an Effective Date note under section 1973ff of Title 42, The 
Public Health and Welfare.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 1727 
of Pub. L. 97-35, set out as a note under section 2003 of this title.


                    Effective Date of 1980 Amendment

    Section 415 of Pub. L. 96-499 provided that: ``The provisions of 
this subtitle, including the amendments made by this subtitle [subtitle 
B (Secs. 411-415) of title IV of Pub. L. 96-499, amending this section 
and enacting provisions set out as a note under section 403 of this 
title], shall take effect on the date of the enactment of this Act [Dec. 
5, 1980].''


                             Effective Date

    Subsec. (a) of this section effective July 1, 1971, pursuant to 
Resolution No. 71-9, of the Board of Governors, and subsecs. (b) and (c) 
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.

      Abolition of House Committee on Post Office and Civil Service

    Committee on Post Office and Civil Service of House of 
Representatives abolished by House Resolution No. 6, One Hundred Fourth 
Congress, Jan. 4, 1995. References to Committee on Post Office and Civil 
Service treated as referring to Committee on Government Reform and 
Oversight of House of Representatives, see section 1(b) of Pub. L. 104-
14, set out as a note preceding section 21 of Title 2, The Congress. 
Committee on Government Reform and Oversight of House of Representatives 
changed to Committee on Government Reform of House of Representatives by 
House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which a 
``Comprehensive statement of current and planned operations, policies, 
financial expenditures and obligations'' as required under subsec. (e) 
of this section is listed on page 194), see section 3003 of Pub. L. 104-
66, as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 
106-554, set out as notes under section 1113 of Title 31, Money and 
Finance.


             Reduction of Authorization for Revenue Foregone

    Pub. L. 99-272, title XV, Sec. 15101, Apr. 7, 1986, 100 Stat. 330, 
provided that: ``Notwithstanding subsection (c) of section 2401 of title 
39, United States Code, the amount authorized to be appropriated 
pursuant to such subsection for fiscal year 1986 shall be 
$749,000,000.''
    Section 1723 of Pub. L. 97-35, as amended effective Oct. 1, 1982, by 
Pub. L. 97-216, title I, Sec. 101, July 18, 1982, 96 Stat. 189, provided 
that: ``Notwithstanding section 2401(c) of title 39, United States Code, 
the amount authorized to be appropriated under such section shall not 
exceed--
        ``(1) $696,000,000 for fiscal year 1982;
        ``(2) $708,000,000 for fiscal year 1983; or
        ``(3) $760,000,000 for fiscal year 1984.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2003, 2009, 2803, 2804, 
3626, 3627 of this title.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com