U.S. Code » Title 39 » Part PART IV— MAIL MATTER › Chapter CHAPTER 36— POSTAL RATES, CLASSES, AND SERVICES › Subchapter SUBCHAPTER V— POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW

39 U.S.C. § 3661

Postal services

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(a) The Postal Service shall develop and promote 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 requesting 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 policies 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 NotesAmendments

2006—Subsec. (b). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Statutory Notes and Related SubsidiariesEffective 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 Service and its duty to determine public service aspects of Postal Service and extent to which public service aspects of Postal Service are to be supported by appropriations, 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.

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1974–2025 · leading case: United Parcel Serv., Inc. v. United States Portal Serv., 455 F. Supp. 857 (E.D. Pa. 1978).
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United Parcel Serv., Inc. v. United States Portal Serv., 455 F. Supp. 857 (E.D. Pa. 1978). · cites it 9× “There is a possible counterpoint to our “plain meaning” analysis, which can be constructed by analogy to 39 U.S.C. § 3661 ; 13 that is, by comparing, in the postal context, rate, classification, and service changes.”
United Parcel Serv., Inc., a New York Corp., & United Parcel Serv., Inc., & Ohio Corp. v. United States Postal Serv., 604 F.2d 1370 (3rd Cir. 1979). · cites it 3× “It argues that because only nationwide changes in postal services need be submitted to the Rate Commission under 39 U.S.C. § 3661 , 9 that Congress intended that Rate Commission jurisdiction over rates and mail classifications would similarly extend only to matters affecting the…”
Shane v. Buck, 658 F. Supp. 908 (D. Utah 1985). · cites it 6× “6 Plaintiffs rely on one such section, 39 U.S.C. § 3661 , for their contention that the regulation at issue is invalid.”
NAACP (ATLANTA LOC.) v. United States Postal Serv., 398 F. Supp. 562 (N.D. Ga. 1975). · cites it 4× “' The prohibitions of that section, though, do not prevent adjudication of the purported constitutional violation and the alleged failure of the Postal Service to follow the notice and hearing requirements of 39 U.S.C. § 3661 . On the merits, the plaintiffs are not entitled to…”
Wilson v. United States Postal Serv., 441 F. Supp. 803 (C.D. Cal. 1977). · cites it 6× “Second, plaintiffs contend that the Marina Project constitutes “a change in the nature of postal services which will generally affect services on a nationwide or substantially nationwide basis” ( 39 U.S.C. § 3661 (b)); that the Postal Service failed to submit the proposed Marina…”
Buchanan v. United States Postal Serv., 375 F. Supp. 1014 (N.D. Ala. 1974). · cites it 4× “Primarily the amended complaint seeks to enjoin the further implementation of these programs until (1) the Postal Service has submitted the programs to the Postal Rate Commission pursuant to 39 U.S.C. § 3661 , (2) the hearing required by such Section 3661 has been completed, and…”
John H. Buchanan, Jr. v. United States Postal Serv., Etc., 508 F.2d 259 (5th Cir. 1975). “The controversy centers upon previously uninterpreted language of 39 U.S.C. § 3661 : (a) The Postal Service shall develop and promote adequate and efficient postal services.”
Peoples Gas, Light & Coke Co. v. United States Postal Serv., 658 F.2d 1182 (7th Cir. 1981). · cites it 2× “§ 409 is somewhat limited by the Administrative Procedure Act, the prohibitions contained in that section do not prevent adjudication of an alleged constitutional violation and a violation of the public hearing requirements under 39 U.S.C. § 3661 of the Postal Reorganization Act.”
Reese Bros., Inc. v. United States Postal Serv., 905 F. Supp. 2d 223 (D.D.C. 2012). “§ 3663 (APA review by Court of Appeals available to a person "adversely affected or aggrieved by a final order or decision of the Postal Regulatory Commission”); see also 39 U.S.C. § 3661 (c) (APA requirement for hearing on the record applies to PRC opinions); 39 U.”
Martin v. Sloan, 432 F. Supp. 616 (W.D.N.C. 1977). “39 U.S.C. § 3661 . 3. Before deciding to close a post office, the Postal Service itself must accord patrons of the endangered post office an opportunity to present their views.”
R. B. Bradley, Individually & on Behalf of All Others Similarly Situated v. United States Postal Serv., 554 F.2d 186 (5th Cir. 1977). · cites it 3× “s in Harris County, Texas,” brought this suit individually and on behalf of all others similarly situated, seeking injunctive relief from a policy of the United States Postal Service which denied them door-to-door delivery service, on the grounds that it deprived them of equal…”
Ludewig v. Wolff, 492 F. Supp. 1048 (N.D. Tex. 1980). “The Postal Service must grant a hearing when it is considering “a change in the nature of postal services which will generally affect service on a nationwide” basis, 39 U.S.C. § 3661 , or when it decides to close a post office, 39 U.”
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