§ 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.