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39 U.S.C. § 3705 — Transparency and accountability for nonpostal services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual Report to the Commission.—**
(1) **In general.—** — Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement or substantially similar set of agreements for the provision of property or nonpostal services under section 3703 or the program as a whole under section 3704, and any other nonpostal service authorized under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter.
(2) **Supporting matter.—** — A report submitted under paragraph (1) shall include any nonpublic annex, the working papers, and any other supporting matter of the Postal Service and the Inspector General related to the information submitted in such report.
**(b) Content and Form of Report.—**
(1) **In general.—** — The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a). In prescribing such regulations, the Commission shall give due consideration to—
(A) providing the public with timely, adequate information to assess compliance;
(B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and
(C) protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim).
(2) **Revised requirements.—** — The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the quality, accu
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Stable record: federal_law:legal_authorities:record_usc_9f441689e460b672b0daadd2
Source file: Laws/federal/codes/united-states-code/title-39/section-3705-transparency-and-accountability-for-nonpostal-services--4b00fefa48.md
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Source location: Title 39, Chapter 37, § 3705; chapter-037-nonpostal-services.md
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**(a) Annual Report to the Commission.—**
(1) **In general.—** — Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement or substantially similar set of agreements for the provision of property or nonpostal services under section 3703 or the program as a whole under section 3704, and any other nonpostal service authorized under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter.
(2) **Supporting matter.—** — A report submitted under paragraph (1) shall include any nonpublic annex, the working papers, and any other supporting matter of the Postal Service and the Inspector General related to the information submitted in such report.
**(b) Content and Form of Report.—**
(1) **In general.—** — The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a). In prescribing such regulations, the Commission shall give due consideration to—
(A) providing the public with timely, adequate information to assess compliance;
(B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and
(C) protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim).
(2) **Revised requirements.—** — The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the quality, accuracy, or completeness of Postal Service data required by the Commission if—
(A) the attribution of costs or revenues to property, products, or services under this chapter has become significantly inaccurate or can be significantly improved;
(B) the quality of service data provided to the Commission for a report under this chapter has become significantly inaccurate or can be significantly improved; or
(C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.
**(c) Audits.—** The Inspector General shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection (a). The results of any such audit shall be submitted to the Postal Service and the Postal Regulatory Commission.
**(d) Confidential Information.—**
(1) **In general.—** — If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section contains information described in section 410(c), or exempt from public disclosure under [section 552(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b&num=0&edition=prelim), the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor.
(2) **Treatment.—** — Any information or other matter described in paragraph (1) to which the Commission gains access under this section shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Commission had received notification with respect to such matter under section 504(g)(1).
**(e) Annual Compliance Determination.—**
(1) **Opportunity for public comment.—** — Upon receiving a report required under subsection (a), the Postal Regulatory Commission shall promptly—
(A) provide an opportunity for comment on such report by any interested party; and
(B) appoint an officer of the Commission to represent the interests of the general public.
(2) **Determination of compliance or noncompliance.—** — Not later than 90 days after receiving a report required under subsection (a), the Postal Regulatory Commission shall make a written determination as to whether the activities carried out pursuant to this chapter during the applicable year were or were not in compliance with the provisions of this chapter. For purposes of this paragraph, any case in which the requirements for coverage of costs attributable have not been met shall be considered to be a case of noncompliance. If, with respect to a year, no instance of noncompliance is found to have occurred, the determination shall be to that effect. Such determination of noncompliance shall be included with the annual compliance determination required under section 3653.
(3) **Noncompliance.—** — If a timely written determination of noncompliance is made under paragraph (2), the Postal Regulatory Commission shall take appropriate action. If the requirements for coverage of costs attributable specified by this chapter are not met, the Commission shall, within 60 days after the determination, prescribe remedial action to restore compliance as soon as practicable, including the full restoration of revenue shortfalls during the following year. The Commission may order the Postal Service to discontinue a nonpostal service under section 3703 that persistently fails to meet cost coverage requirements.
(4) **Deliberate noncompliance.—** — In the case of deliberate noncompliance by the Postal Service with the requirements of this chapter, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of such noncompliance. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury.
**(f) Regulations Required.—** The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section.
**(g) Experimental Product Authority.—** The Postal Service may conduct market tests of agreements pursuant to section 3703 and section 3704 of this chapter subject to the same terms and conditions described in [section 3641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3641&num=0&edition=prelim). For the purposes of a market test, the cost coverage requirements in sections 3703 and 3704 of this chapter shall not apply.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—**
(1) **In general.—** — The Postal Service may conduct market tests of experimental products in accordance with this section.
(2) **Provisions waived.—** — A product shall not, while it is being tested under this section, be subject to the requirements of sections 3622, 3633, or 3642, or regulations promulgated under those sections.
**(b) Conditions.—** A product may not be tested under this section unless it satisfies each of the following:
(1) **Significantly different product.—** — The product is, from the viewpoint of the mail users, significantly different from all products offered by the Postal Service within the 2-year period preceding the start of the test.
(2) **Market disruption.—** — The introduction or continued offering of the product will not create an unfair or otherwise inappropriate competitive advantage for the Postal Service or any mailer, particularly in regard to small business concerns (as defined under subsection (h)).
(3) **Correct categorization.—** — The Postal Service identifies the product, for the purpose of a test under this section, as either market-dominant or competitive, consistent with the criteria under section 3642(b)(1). Costs and revenues attributable to a product identified as competitive shall be included in any determination under section 3633(3) 11 So in original. Probably should be section “3633(a)(3)”. (relating to provisions applicable to competitive products collectively). Any test that solely affects products currently classified as competitive, or which provides services ancillary to only competitive products, shall be presumed to be in the competitive product category without regard to whether a similar ancillary product exists for market-dominant products.
**(c) Notice.—**
(1) **In general.—**
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3641
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of section 404a, but otherwise without limitation of the generality of its powers, the Postal Service shall have the following specific powers, among others:
(1) to provide for the collection, handling, transportation, delivery, forwarding, returning, and holding of mail, and for the disposition of undeliverable mail;
(2) to prescribe, in accordance with this title, the amount of postage and the manner in which it is to be paid;
(3) to determine the need for post offices, postal and training facilities and equipment, and to provide such offices, facilities, and equipment as it determines are needed;
(4) to provide and sell postage stamps and other stamped paper, cards, and envelopes and to provide such other evidences of payment of postage and fees as may be necessary or desirable;
(5) to provide philatelic services;
(6) to investigate postal offenses and civil matters relating to the Postal Service;
(7) to offer and pay rewards for information and services in connection with violation of the postal laws, and, unless a different disposal is expressly prescribed, to pay one-half of all penalties and forfeitures imposed for violations of law affecting the Postal Service, its revenues, or property, to the person informing for the same, and to pay the other one-half into the Postal Service Fund; and
(8) to authorize the issuance of a substitute check for a lost, stolen, or destroyed check of the Postal Service.
**(b)** 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 chapter 36. Postal rates and fees shall be reasonable and equitable and sufficient to enable
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Federal law — U.S. Code and appendices · legal_authorities
Page 123
TITLE 39—POSTAL SERVICE
§ 3705
postal services provided under each relevant
agreement in each year, except that agree-
ments determined to be substantially similar
by the Postal Service with the concurrence of
the Postal Regulatory Commission shall be re-
viewed based on their collective revenue and
costs attributable.
(b) PUBLIC NOTICE.—Not more than 90 days
after offering a service under the program, the
Postal Service shall make available to the pub-
lic on its website—
(1) the agreement with the agency regarding
such service; and
(2) a business plan that describes the specific
property or nonpostal service to be provided,
the enhanced value to the public, and terms of
reimbursement to the Postal Service.
(c) APPROVAL REQUIRED.—The Postal Service
may not establish the program under subsection
(a) unless the Governors of the Postal Service
approve such program by a recorded vote that is
publicly disclosed on the Postal Service website
with a majority of the Governors then in office
voting for approval.
(d)
CONFIDENTIAL
INFORMATION.—Subsection
(b) shall not be construed as requiring the Post-
al Service to disclose to the public any informa-
tion—
(1) described in section 410(c); or
(2) exempt from public disclosure under sec-
tion 552(b) of title 5.
(Added Pub. L. 117–108, title I, § 103(a)(1), Apr. 6,
2022, 136 Stat. 1141.)
§ 3704. Postal Service program for other Govern-
ment agencies
The Postal Service may establish a program
to provide property and nonpostal services to
other Government agencies within the meaning
of section 411, but only if such program provides
a net contribution to the Postal Service, defined
as reimbursement that covers at least 100 per-
cent of the costs attributable for property and
nonpostal services
Source: Supplied 2024 U.S. Code historical extraction · 39 U.S.C. § 3705
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