39 U.S.C. § 3661 — Postal services

Page 116 TITLE 39—POSTAL SERVICE § 3661 shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Com- mission had received notification with respect to such matter under section 504(g)(1). (Added Pub. L. 109–435, title II, § 204(b), Dec. 20, 2006, 120 Stat. 3214.) Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (a)(1), is the date of enactment of Pub. L. 109–435, which enacted this section and was approved Dec. 20, 2006. SUBCHAPTER V—POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW Editorial Notes PRIOR PROVISIONS A prior subchapter V was redesignated subchapter VI of this chapter. AMENDMENTS 2006—Pub. L. 109–435, title II, § 204(a)(1), Dec. 20, 2006, 120 Stat. 3210, redesignated subchapter IV of this chap- ter as this subchapter and substituted ‘‘POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW’’ for ‘‘POSTAL SERVICES AND COMPLAINTS’’ in sub- chapter heading. § 3661. Postal services (a) The Postal Service shall develop and pro- mote adequate and efficient postal services. (b) When the Postal Service determines that there should be a change in the nature of postal services which will generally affect service on a nationwide or substantially nationwide basis, it shall submit a proposal, within a reasonable time prior to the effective date of such proposal, to the Postal Regulatory Commission request- ing an advisory opinion on the change. (c) The Commission shall not issue its opinion on any proposal until an opportunity for hearing on the record under sections 556 and 557 of title 5 has been accorded to the Postal Service, users of the mail, and an officer of the Commission who shall be required to represent the interests of the general public. The opinion shall be in writing and shall include a certification by each Commissioner agreeing with the opinion that in his judgment the opinion conforms to the poli- cies established under this title. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 764; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 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. COMMISSION ON POSTAL SERVICE Pub. L. 94–421, § 7, Sept. 24, 1976, 90 Stat. 1307, related to establishment, appointment and compensation of personnel and officers of a Commission on Postal Serv- ice and its duty to determine public service aspects of Postal Service and extent to which public service as- pects of Postal Service are to be supported by appro- priations, to study rate making, and to review service levels and electronic fund transfers and communication techniques, with appropriate recommendations to be transmitted to President and Congress on or before Mar. 15, 1977, 60 days after which transmittal it was to cease to exist. § 3662. Rate and service complaints (a) IN GENERAL.—Any interested person (in- cluding an officer of the Postal Regulatory Com- mission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of sections 101(d), 401(2), 403(c), 404a, or 601, or this chapter (or regulations pro- mulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe. (b) PROMPT RESPONSE REQUIRED.— (1) IN GENERAL.—The Postal Regulatory Commission shall, within 90 days after receiv- ing a complaint under subsection (a)— (A) either— (i) upon a finding that such complaint raises material issues of fact or law, begin proceedings on such complaint; or (ii) issue an order dismissing the com- plaint; and (B) with respect to any action taken under subparagraph (A)(i) or (ii), issue a written statement setting forth the bases of its de- termination. (2) TREATMENT OF COMPLAINTS NOT TIMELY ACTED ON.—For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and man- ner required by paragraph (1) shall be treated in the same way as if it had been dismissed pursuant to an order issued by the Commis- sion on the last day allowable for the issuance of such order under paragraph (1). (c) ACTION REQUIRED IF COMPLAINT FOUND TO BE JUSTIFIED.—If the Postal Regulatory Com- mission finds the complaint to be justified, it shall order that the Postal Service take such ac- tion as the Commission considers appropriate in order to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance (such as ordering unlawful rates to be adjusted to lawful levels, ordering the can- cellation of market tests, ordering the Postal Service to discontinue providing loss-making products, or requiring the Postal Service to make up for revenue shortfalls in competitive products). (d) AUTHORITY TO ORDER FINES IN CASES OF DELIBERATE NONCOMPLIANCE.—In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seri- ousness of the noncompliance, a fine (in the