r/title-39-POSTAL-SERVICE wiki — defined terms

“nonpostal service” applies in that section

the term “nonpostal service” means any service that is not a postal service defined under section 102(5). (2) Nothing in this section shall be considered to permit or require that the Postal Service provide any nonpostal service, except that the Postal Service may provide nonpostal services which were offered as of January 1, 2006 , as provided under this subsection, or any nonpostal products or services authorized by chapter 37.

“private company” applies in that section

the term “private company” means a private company substantially owned or controlled by persons who are citizens of the United States. (2) With respect to shipments of international mail that are competitive products within the meaning of section 3631 that are exported or imported by the Postal Service, the Customs Service and other appropriate Federal agencies shall apply the customs laws of the United States and all other laws relating to the importation or exportation of such shipments in the same manner to both shipments by the Postal Service and similar shipments by private companies.

“State” applies in that section

the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States. (g) (1) Notwithstanding any other provision of law, legal representation may not be furnished by the Department of Justice to the Postal Service in any action, suit, or proceeding arising, in whole or in part, under any of the following: (A) Subsection (d) or (e) of this section. (B) Subsection (f) or (g) of section 504 (relating to administrative subpoenas by the Postal Regulatory Commission). (C) Section 3663 (relating to appellate review).

“amounts becoming available for breast cancer research pursuant to this section” applies in that section

the term “amounts becoming available for breast cancer research pursuant to this section” means— (A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by (B) an amount sufficient to cover reasonable costs incurred by the Postal Service in carrying out this section, including those attributable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regulations that it shall prescribe.

“agency” applies in that section

the term “agency” means an Executive agency within the meaning of section 105 of title 5 . (b) Discretionary Authority .— The Postal Service is hereby authorized to issue and sell semipostals under this section in order to advance such causes as the Postal Service considers to be in the national public interest and appropriate.

“semipostal” applies in that section

the term “semipostal” means a postage stamp which is issued and sold by the Postal Service, at a premium, in order to help provide funding for a cause described in subsection (b); and;

“covered person” applies in that section

the term “covered person” means an officer, employee, agent, or contractor of the Postal Service. (g) (1) If the Postal Service determines that any document or other matter it provides to the Postal Regulatory Commission under a subpoena issued under subsection (f), or otherwise at the request of the Commission in connection with any proceeding or other purpose under this title, contains information which is described in section 410(c) of this title , or exempt from public disclosure under section 552(b) of title 5 , the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission, in writing, of its determination (and the reasons therefor).

“Competitive Products Fund” applies throughout its chapter

The term “Competitive Products Fund” means the Postal Service Competitive Products Fund established by section 2011; and (3) “obligations”, when referring to debt instruments issued by the Postal Service, means notes, bonds, debentures, mortgages, and any other evidence of indebtedness.

“costs attributable” applies in that section

the term “costs attributable” has the meaning given such term by section 3631. (2) There is established in the Treasury of the United States a revolving fund, to be called the Postal Service Competitive Products Fund, which shall be available to the Postal Service without fiscal year limitation for the payment of— (A) costs attributable to competitive products; and (B) all other costs incurred by the Postal Service, to the extent allocable to competitive products.

“excess property” applies throughout its chapter

The term “excess property” means any postal property that the Postal Service determines is not required to meet the needs or responsibilities of the Postal Service. (2) Postal property .—

“postal property” applies throughout its chapter

The term “postal property” means any property owned or leased by the Postal Service. (3) Underutilized property .—

“underutilized property” applies throughout its chapter

The term “underutilized property” means a portion or the entirety of any real property that is postal property, including any improvements, that is used— (A) irregularly or intermittently by the Postal Service for program purposes of the Postal Service; or (B) for program purposes that can be satisfied only with a portion of the property.

“clearly and conspicuously displayed” applies in that section

the term “clearly and conspicuously displayed” means presented in a manner that is readily noticeable, readable, and understandable to the group to whom the applicable matter is disseminated;

“facsimile check” applies in that section

the term “facsimile check” means any matter that— (i) is designed to resemble a check or other negotiable instrument; but (ii) is not negotiable;

“hazardous material” applies in that section

the term “hazardous material” means a substance or material designated by the Secretary of Transportation under section 5103(a) of title 49 . (o) The district courts, together with the District Court of the Virgin Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of section 1716 of title 18 .

“skill contest” applies in that section

the term “skill contest” means a puzzle, game, competition, or other contest in which— (i) a prize is awarded or offered; (ii) the outcome depends predominately on the skill of the contestant; and (iii) a purchase, payment, or donation is required or implied to be required to enter the contest; and;

“sweepstakes” applies in that section

the term “sweepstakes” means a game of chance for which no consideration is required to enter. (2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph (3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.

“representative” applies in that section

the term “representative” includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind. (d) Nothing in this section shall prohibit the mailing of (1) publications containing advertisements, lists of prizes, or information concerning a lottery, which are exempt, pursuant to section 1307 of title 18 of the United States Code, from the provisions of sections 1301, 1302, 1303, and 1304 of title 18 of the United States Code, (2) tickets or other materials concerning such a lottery within that State to addresses within that State, or (3) an advertisement promoting the sale of a book or other publication, or a solicitation to purchase, or …

“children” applies in that section

the term “children” includes natural children, stepchildren, adopted children, and children who are wards of or in custody of the addressee or who are living with such addressee in a regular parent-child relationship.

“clearly and conspicuously displayed” applies in that section

the terms “skill contest”, “sweepstakes”, and “clearly and conspicuously displayed” have the same meanings as given them in section 3001(k); and (4) the term “duly authorized person”, as used in connection with an individual, means a conservator or guardian of, or person granted power of attorney by, such individual. (b) Nonmailable Matter.— (1) In general .— Matter otherwise legally acceptable in the mails described in paragraph (2)— (A) is nonmailable matter; (B) shall not be carried or delivered by mail; and (C) shall be disposed of as the Postal Service directs.

“promoter” applies in that section

the term “promoter” means any person who— (A) originates and mails any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); or (B) originates and causes to be mailed any skill contest or sweepstakes, except for any matter described in section 3001(k)(4);

“removal request” applies in that section

the term “removal request” means a request stating that an individual elects to have the name and address of such individual excluded from any list used by a promoter for mailing skill contests or sweepstakes;

“skill contest” applies in that section

the terms “skill contest”, “sweepstakes”, and “clearly and conspicuously displayed” have the same meanings as given them in section 3001(k); and (4) the term “duly authorized person”, as used in connection with an individual, means a conservator or guardian of, or person granted power of attorney by, such individual. (b) Nonmailable Matter.— (1) In general .— Matter otherwise legally acceptable in the mails described in paragraph (2)— (A) is nonmailable matter; (B) shall not be carried or delivered by mail; and (C) shall be disposed of as the Postal Service directs.

“sweepstakes” applies in that section

the terms “skill contest”, “sweepstakes”, and “clearly and conspicuously displayed” have the same meanings as given them in section 3001(k); and (4) the term “duly authorized person”, as used in connection with an individual, means a conservator or guardian of, or person granted power of attorney by, such individual. (b) Nonmailable Matter.— (1) In general .— Matter otherwise legally acceptable in the mails described in paragraph (2)— (A) is nonmailable matter; (B) shall not be carried or delivered by mail; and (C) shall be disposed of as the Postal Service directs.

“mass mailing” applies in that section

the term “mass mailing” means, with respect to a session of Congress, any mailing of newsletters or other pieces of mail with substantially identical content (whether such mail is deposited singly or in bulk, or at the same time or different times), totaling more than 500 pieces in that session, except that such term does not include any mailing— (i) of matter in direct response to a communication from a person to whom the matter is mailed; (ii) from a Member of Congress to other Members of Congress, or to Federal, State, or local government officials; (iii) of a news release to the communications media; or (iv) providing information exclusively on competitions which are officially …

“military aircraft” applies in that section

The term “military aircraft” means an aircraft owned, operated, or chartered by the Department of Defense.;

“United States air carrier” applies in that section

The term “United States air carrier” has the meaning given the term “air carrier” in section 40102 of title 49 .

“balloting materials” applies in that section

the term “balloting materials” has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act.

“unused rate adjustment authority” applies in that section

the term “unused rate adjustment authority” means the difference between— (I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and (II) the amount of the rate adjustment the Postal Service actually makes in that year. (ii) Authority .— Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred.

“institution of higher education” applies in that section

the term “institution of higher education” has the meaning given it by section 101 of the Higher Education Act of 1965, and includes a nonprofit organization that coordinates a network of college-level courses that is sponsored primarily by nonprofit educational institutions for an older adult constituency. (c) In the administration of this section, one conservation publication published by an agency of a State which is responsible for management and conservation of the fish or wildlife resources of such State shall be considered a publication of a qualified nonprofit organization which qualifies for rates of postage under former section 4358(d) of this title .

“national committee” applies in that section

the term “national committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; and;

“qualified political committee” applies in that section

the term “qualified political committee” means a national or State committee of a political party, the Republican and Democratic Senatorial Campaign Committees, the Democratic National Congressional Committee, and the National Republican Congressional Committee;

“regular-rate category” applies in that section

the term “regular-rate category” means any class of mail or kind of mailer, other than a class or kind referred to in section 2401(c). (3) Rates of postage for a class of mail or kind of mailer under former section 4358(a) through (c) of this title shall be established so that postage on each mailing of such mail reflects its preferred status as compared to the postage for the most closely corresponding regular-rate category mailing.

“State committee” applies in that section

the term “State committee” means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level. (f) In the administration of this chapter, the rates for mail under former section 4358(g) of this title shall be established without regard to either the provisions of such former section 4358(g) or the provisions of this section.

“assumed Federal income tax on competitive products income” applies in that section

the term “assumed Federal income tax on competitive products income” means the net income tax that would be imposed by chapter 1 of the Internal Revenue Code of 1986 on the Postal Service’s assumed taxable income from competitive products for the year; and (2) the term “assumed taxable income from competitive products”, with respect to a year, refers to the amount representing what would be the taxable income of a corporation under the Internal Revenue Code of 1986 for the year, if— (A) the only activities of such corporation were the activities of the Postal Service allocable under section 2011(h) to competitive products; and (B) the only assets held by such corporation were the assets of …

“product covered by the postal monopoly” applies in that section

the term “product covered by the postal monopoly” means any product the conveyance or transmission of which is reserved to the United States under section 1696 of title 18 , subject to the same exception as set forth in the last sentence of section 409(e)(1). (3) Additional considerations .— In making any decision under this section, due regard shall be given to— (A) the availability and nature of enterprises in the private sector engaged in the delivery of the product involved; (B) the views of those who use the product involved on the appropriateness of the proposed action; and (C) the likely impact of the proposed action on small business concerns (within the meaning of section 3641(h)).

“performance information” applies in that section

The term “performance information” means the objective external performance measurements established under section 3691(b)(1)(D). (B) Website .—

“Website” applies in that section

The term “Website” means the website described in paragraph (1).

“costs attributable” applies throughout its chapter

the term “costs attributable” has the meaning given such term in section 3631;

“local government” applies throughout its chapter

the term “local government” means a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity;

“State government” applies throughout its chapter

the term “State government” includes the government of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States;

“tribal government” applies throughout its chapter

the term “tribal government” means the government of an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and (7) the term “United States”, when used in a geographical sense, means the States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

“year” applies throughout its chapter

the term “year” means a fiscal year;

“121 bush passenger carrier” applies in that section

the term “121 bush passenger carrier” means a bush passenger carrier providing passenger service on bush routes under part 121;

“121 mainline passenger carrier” applies in that section

the term “121 mainline passenger carrier” means a mainline carrier providing passenger service through scheduled service on routes under part 121;

“121 passenger aircraft” applies in that section

the term “121 passenger aircraft” means an aircraft flying passengers on a city pair route that is operated under part 121;

“121 passenger carrier” applies in that section

the term “121 passenger carrier” means a passenger carrier that provides scheduled service under part 121;

“135 bush passenger carrier” applies in that section

the term “135 bush passenger carrier” means a bush passenger carrier providing passenger service through scheduled service on bush routes under part 135; and;

“135 passenger carrier” applies in that section

the term “135 passenger carrier” means a passenger carrier that provides scheduled service under part 135. (b) International Mail.— (1) In general.— (A) Except as otherwise provided in this subsection, the Postal Service may contract for the transportation of mail by aircraft between any of the points in foreign air transportation only with certificated air carriers. A contract may be awarded to a certificated air carrier to transport mail by air between any of the points in foreign air transportation that the Secretary of Transportation has authorized the carrier to serve either directly or through a code-share relationship with one or more foreign air carriers.

“acceptance point” applies in that section

the term “acceptance point” means the point at which nonpriority bypass mail originates; (2) the terms foreign air carrier, 1 “air carrier”, “interstate air transportation”, “foreign air carrier”. 2 and “foreign air transportation” have the meanings given such terms in section 40102(a) of title 49 , United States Code;

“base fare” applies in that section

the term “base fare” means the fare paid to the carrier issuing the passenger ticket or carrying nonmail freight which may entail service being provided by more than 1 carrier;

“bush carrier” applies in that section

the term “bush carrier” means a carrier operating aircraft certificated within the payload capacity requirements of subsection (g)(1)(A)(iv)(I) on a city pair route;

“bush passenger carrier” applies in that section

the term “bush passenger carrier” means a passenger carrier that meets the requirements of subsection (g)(1)(A)(iv)(I) and provides passenger service on a city pair route;

“bush route” applies in that section

the term “bush route” means an air route in which only a bush carrier is tendered nonpriority bypass mail between the origination point, being either an acceptance point or a hub, as determined by the Postal Service, and the destination city;

“certificated air carrier” applies in that section

the term “certificated air carrier” means an air carrier that holds a certificate of public convenience and necessity issued under section 41102(a) of title 49 ;

“city pair” applies in that section

the term “city pair” means service between an origin and destination city pair;

“code-share relationship” applies in that section

the term “code-share relationship” means a relationship pursuant to which any certificated air carrier or foreign air carrier’s designation code is used to identify a flight operated by another air carrier or foreign air carrier;

“composite rate” applies in that section

the term “composite rate”— (A) means a combination of mainline and bush linehaul rates and a single terminal handling payment at a bush terminal handling rate paid to a bush carrier for a direct flight from an acceptance point to a bush destination beyond a hub point; and (B) shall be based on the mainline rate paid to the hub, plus the lowest bush rate paid to bush carriers in the State of Alaska for the distance traveled from the hub point to the destination point;

“equitable tender” applies in that section

the term “equitable tender” means the practice of the Postal Service of equitably distributing mail on a fair and reasonable basis between those air carriers that offer equivalent services and costs between 2 communities in accordance with the regulations of the Postal Service;

“existing mainline carrier” applies in that section

the term “existing mainline carrier” means a mainline carrier (as defined in this subsection) that on January 1, 2001 , was— (A) certified under part 121; (B) qualified to provide mainline nonpriority bypass mail service; and (C) actually engaged in the carriage, on scheduled service within the State of Alaska, of mainline nonpriority bypass mail tendered to it under its designator code. 3;

“mainline carrier” applies in that section

the term “mainline carrier” means a carrier operating aircraft under part 121 and certificated within the payload capacity requirements of subsection (g)(1)(A)(iv)(II) on a given city pair route;

“mainline route” applies in that section

the term “mainline route” means a city pair in which a mainline carrier is tendered nonpriority bypass mail; (15) the term “new”, when referencing a carrier, means a carrier that— (A) meets the respective requirements of subclause (I) or (II) of subsection (g)(1)(A)(iv), depending on the type of route being served and the size of aircraft being used to provide service; (B) began providing nonpriority bypass mail service on a city pair route in the State of Alaska after January 1, 2001 ; and (C) is not comprised of previously qualified existing mainline carriers as a result of merger or sale;

“part 121” applies in that section

the term “part 121” means part 121 of title 14, Code of Federal Regulations;

“part 135” applies in that section

the term “part 135” means part 135 of title 14, Code of Federal Regulations;

“scheduled service” applies in that section

the term “scheduled service” means— (A) flights are operated in common carriage available to the general public under a published schedule; (B) flight schedules are announced in advance in systems specified by the Postal Service, in addition to the Official Airline Guide or the air cargo equivalent of that Guide; (C) flights depart whether full or not; and (D) customers contract for carriage separately on a regular basis;

“Secretary” applies in that section

the term “Secretary” means the Secretary of Transportation;