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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 39 U.S.C. § 3633 Provisions applicable to rates for competitive products us united_states_code code_section 39 POSTAL SERVICE 36 POSTAL RATES, CLASSES, AND SERVICES 3633 39 U.S.C. § 3633 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc39@119-100.zip /us/usc/t39/s3633 data/legal/raw/us/code/title-39/usc39.xml 917b9186e637966eda06f3c89c573b3a5ba719a3d9d9dd32c633cac0b065f245 ccea35969be78d053165f1170bf2aa826a68e5b4dea1fe3356d8a09e86e19a65 d6b4fcf9161694fabe3398deec25559e6e36b9a57eeb5174f439e20d0c2bbb3a 2026-07-04 official
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39 U.S.C. § 3633 - Provisions applicable to rates for competitive products

Text

(a) In General.— The Postal Regulatory Commission shall, within 18 months after the date of enactment of this section, promulgate (and may from time to time thereafter revise) regulations to—

(1) prohibit the subsidization of competitive products by market-dominant products;

(2) ensure that each competitive product covers its costs attributable; and

(3) ensure that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service.

(b) Review of Minimum Contribution.— Five years after the date of enactment of this section, and every 5 years thereafter, the Postal Regulatory Commission shall conduct a review to determine whether the institutional costs contribution requirement under subsection (a)(3) should be retained in its current form, modified, or eliminated. In making its determination, the Commission shall consider all relevant circumstances, including the prevailing competitive conditions in the market, and the degree to which any costs are uniquely or disproportionately associated with any competitive products.

(Added Pub. L. 109435, title II, § 202, Dec. 20, 2006, 120 Stat. 3206.)

Notes

Editorial Notes

References in TextThe date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109435, which was approved Dec. 20, 2006.

Statutory Notes and Related Subsidiaries

Review of Postal Service Cost Attribution GuidelinesPub. L. 117108, title II, § 203, Apr. 6, 2022, 136 Stat. 1147, provided that: “Not later than the date that is one year after the date of the enactment of this Act [Apr. 6, 2022], the Postal Regulatory Commission shall initiate a review of the regulations issued pursuant to sections 3633(a) and 3652(a)(1) of title 39, United States Code, to determine whether revisions are appropriate to ensure that all direct and indirect costs attributable to competitive and market-dominant products are properly attributed to those products, including by considering the underlying methodologies in determining cost attribution and considering options to revise such methodologies. If the Commission determines, after notice and opportunity for public comment, that revisions are appropriate, the Commission shall make modifications or adopt alternative methodologies as necessary.” [For definitions of terms used in section 203 of Pub. L. 117108, set out above, see section 2 of Pub. L. 117108, set out as a note under section 501 of this title.]

Study on Equal Application of Laws to Competitive ProductsPub. L. 109435, title VII, § 703, Dec. 20, 2006, 120 Stat. 3244, required the Federal Trade Commission to prepare and submit to the President and Congress, and to the Postal Regulatory Commission, within 1 year after Dec. 20, 2006, a comprehensive report identifying Federal and State laws that applied differently to the United States Postal Service with respect to the competitive category of mail (within the meaning of section 102 of this title) and to private companies providing similar products.