39 U.S.C. § 3633

Provisions applicable to rates for competitive products

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(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. 109–435, title II, § 202, Dec. 20, 2006, 120 Stat. 3206.)Editorial NotesReferences in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109–435, which was approved Dec. 20, 2006.

Statutory Notes and Related SubsidiariesReview of Postal Service Cost Attribution Guidelines

Pub. L. 117–108, 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. 117–108, set out above, see section 2 of Pub. L. 117–108, set out as a note under section 501 of this title.]

Study on Equal Application of Laws to Competitive Products

Pub. L. 109–435, 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.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2012–2024 · leading case: United Parcel Serv., Inc. v. Postal Regulatory Comm'n, 890 F.3d 1053 (D.C. Cir. 2018).

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United Parcel Serv., Inc. v. Postal Regulatory Comm'n, 890 F.3d 1053 (D.C. Cir. 2018). · cites it 7× “The Accountability Act therefore requires the Commission to promulgate regulations that "prohibit the subsidization of competitive products by market-dominant products," 39 U.S.C. § 3633 (a)(1) ; "ensure that each competitive product covers its costs attributable," id.”

United Parcel Serv., Inc. v. PRC, 955 F.3d 1038 (D.C. Cir. 2020). · cites it 7× “” 39 U.S.C. § 3633 (a)(3). In making this “appropriate share” determination under § 3633(a)(3), the Commission is obligated to “consider,” among other things, “the degree to which any costs are uniquely or disproportionately associated with any competitive products.”

United Parcel Serv., Inc. v. Postal Regulatory Comm'n, 96 F.4th 422 (D.C. Cir. 2024). · cites it 4× “39 U.S.C. § 3633 (a), (b). The Commission, in setting an “appropriate share” figure must “consider” certain factors, including “the degree to which any costs are uniquely or disproportionately associated with any competitive products.”

United States Postal Serv. v. Postal Regulatory Comm'n, 842 F.3d 1271 (D.C. Cir. 2016). “See 39 U.S.C. § 3633 (a). In the instant case, the Postal Service petitions for review, contending the Commission’s action denying its parcel reclassification request was arbitrary and capricious, see 5 U.”

United States Postal Serv. v. Postal Regulatory Comm'n, 676 F.3d 1105 (D.C. Cir. 2012). “” 39 U.S.C. § 3633 (a)(2) (emphasis added).”

United States Postal Serv. v. Postal Regulatory Comm'n, 747 F.3d 906 (D.C. Cir. 2014). “39 U.S.C. § 3633 (a). 4 . The PRC concluded that implementing the remedy would not cause USPS "material injury” because its new product request sought the same rate and effective date, the remedy would not have "price cap implications” for USPS and USPS was free to proceed with…”

United Parcel Serv., Inc. v. PRC, 112 F.4th 1122 (D.C. Cir. 2024). · cites it 2× “” 39 U.S.C. § 3633 (a)(1). Second, it must “ensure that each competitive product covers its costs attributable,” id.”

Usps v. Prc (D.C. Cir. 2016). “See 39 U.S.C. § 3633 (a). In the instant case, the Postal Service petitions for review, contending the Commission’s action denying its parcel reclassification request was arbitrary and capricious, see 5 U.”

— 39 U.S.C. § 3633(a)(3) — 1 case

United Parcel Serv., Inc. v. Postal Regulatory Comm'n, 96 F.4th 422 (D.C. Cir. 2024). “39 U.S.C. § 3633 (a), (b). The Commission, in setting an “appropriate share” figure must “consider” certain factors, including “the degree to which any costs are uniquely or disproportionately associated with any competitive products.”

— 39 U.S.C. § 3633(b) — 1 case

United Parcel Serv., Inc. v. PRC, 955 F.3d 1038 (D.C. Cir. 2020). “” 39 U.S.C. § 3633 (a)(3). In making this “appropriate share” determination under § 3633(a)(3), the Commission is obligated to “consider,” among other things, “the degree to which any costs are uniquely or disproportionately associated with any competitive products.”

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