39 U.S.C. § 3627 — Adjusting free rates

Page 108 TITLE 39—POSTAL SERVICE § 3627 1 So in original. Probably should be followed by ‘‘of this title,’’. this section [amending this section] shall apply with respect to mail sent, and the rates for mail sent, after December 31, 1993.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 1(a) of Pub. L. 101–509 effec- tive 90 days after Nov. 5, 1990, see section 1(c) of Pub. L. 101–509, set out as a note under section 2401 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 99–509, title VI, § 6003(c), Oct. 21, 1986, 100 Stat. 1933, provided that: ‘‘The amendments made by this section [amending this section and section 2401 of this title] shall take effect on January 1, 1989, or on the ef- fective date of the next general change in rates and fees under sections 3622 and 3625 of title 39, United States Code [Apr. 3, 1988, see 53 F.R. 10014], whichever is soon- er.’’ Pub. L. 99–272, title XV, § 15102(b)(2), Apr. 7, 1986, 100 Stat. 330, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply with re- spect to rates of postage taking effect after December 31, 1985.’’ RELIEF OF CERTAIN PERIODICAL PUBLICATIONS Pub. L. 104–52, title V, § 527, Nov. 19, 1995, 109 Stat. 496, provided that: ‘‘For mail classification purposes under section 3626 of title 39, United States Code, and any reg- ulations of the United States Postal Service for the ad- ministration of that section, a weekly second-class pe- riodical publication which— ‘‘(i) is eligible to publish legal notices under any applicable laws of the State where it is published; ‘‘(ii) is eligible to be mailed at the rates for mail under former subsection 4358(a), (b), and (c) of title 39, United States Code, as limited by current subsection 3626(g) of that title; and ‘‘(iii) the pages of which were customarily secured by 2 staples before March 19, 1989; shall not be considered to be a bound publication solely because its pages continue to be secured by 2 staples after that date.’’ FORBEARANCE REGARDING CERTAIN POSTAGE DEFICIENCIES Pub. L. 101–509, title II, § 2, Nov. 5, 1990, 104 Stat. 1398, provided that: ‘‘(a) IN GENERAL.—The United States Postal Service may forbear from the collection of any postage defi- ciency assessed against an organization authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of title 39, United States Code, if the assess- ment of that deficiency arises from a violation of the cooperative mailing regulations of the Postal Service set forth at section 625.5 of the Domestic Mail Manual, and the Postal Service has made no determination that the organization knowingly or willfully violated such regulations. If any organizations authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of title 39, United States Code, has paid on its own be- half all or part of a postage deficiency which the Postal Service would forbear from collecting under this sec- tion, the Postal Service may refund to that organiza- tion the amount which it has paid. ‘‘(b) EFFECTIVE DATE AND APPLICABILITY.—The provi- sions of this section shall become effective on the date of enactment of this Act [Nov. 5, 1990], and shall apply to mailings which were sent on or between July 1, 1986, and the effective date of this section.’’ CONSTRUCTION RESPECTING POSTAGE RATES REDUCTION UNAUTHORIZED Pub. L. 93–328, § 2, June 30, 1974, 88 Stat. 288, provided that: ‘‘Nothing in section 1 of this Act [amending this section] shall be construed to authorize a reduction in any rate of postage in effect and being paid on the date of enactment of this Act [June 30, 1974].’’ § 3627. Adjusting free rates If Congress fails to appropriate an amount au- thorized under section 2401(c) of this title for any class of mail sent free of postage under sec- tion 3217 or 3403–3406 1 the rate for that class may be adjusted in accordance with the provi- sions of this subchapter so that the increased revenues received from the users of such class will equal the amount for that class that the Congress was to appropriate. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 95–593, § 11(b), Nov. 4, 1978, 92 Stat. 2538; Pub. L. 99–410, title II, § 201(b)(3), Aug. 28, 1986, 100 Stat. 928; Pub. L. 103–31, § 8(h)(3), May 20, 1993, 107 Stat. 86; Pub. L. 103–123, title VII, § 704(a)(3)(B)(i), Oct. 28, 1993, 107 Stat. 1269; Pub. L. 109–435, title X, § 1010(g)(5), Dec. 20, 2006, 120 Stat. 3263.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–435 inserted section catchline and struck out former catchline which read the same. 1993—Pub. L. 103–123 substituted ‘‘free rates’’ for ‘‘free and reduced rates’’ in section catchline and ‘‘sent free of postage under section 3217 or 3403–3406’’ for ‘‘sent at a free or reduced rate under section 3217, 3403–3406, 3626, or 3629 of this title,’’ in text. Pub. L. 103–31 substituted ‘‘3626, or 3629 of this title’’ for ‘‘or 3626 of this title,’’. 1986—Pub. L. 99–410 substituted ‘‘3406’’ for ‘‘3405’’ and struck out ‘‘under the Federal Voting Assistance Act of 1955, or under the Overseas Citizens Voting Rights Act of 1975’’ after ‘‘3626 of this title,’’. 1978—Pub. L. 95–593 inserted provisions relating to ap- plicability of Overseas Citizens Voting Rights Act of 1975. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENTS Amendment by Pub. L. 103–123 applicable with re- spect to rates for mail sent after Sept. 30, 1993, see sec- tion 704(c)(1) of Pub. L. 103–123, set out as a note under section 3626 of this title. Amendment by Pub. L. 103–31 effective (1) with re- spect to a State that, on May 20, 1993, has a provision in the constitution of the State that would preclude compliance with section 20501 et seq. of Title 52, Voting and Elections, 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 20501 et seq. of Title 52 without requiring a special election, and (2) with respect to a State not described above, on Jan. 1, 1995, see section 13 of Pub. L. 103–31, set out as an Effective Date note under section 20501 of Title 52. EFFECTIVE DATE OF 1986 AMENDMENT 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 20301 of Title 52, Voting and Elections. [§ 3628. Repealed. Pub. L. 109–435, title II, § 201(b), Dec. 20, 2006, 120 Stat. 3205] Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 763; Pub. L. 98–620, title IV, § 402(37), Nov. 8, 1984, 98 Stat. 3360, re-