Page:United States Statutes at Large Volume 90 Part 1.djvu/1356

This page needs to be proofread.

PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 1306

39 USC 2003. 39 USC 410, 1001 et seq. Recommended decisions.

39 USC 3622.

Extension.

39 USC 3624 note.

Supra. Publication in Federal Register.

PUBLIC LAW 9 4 - 4 2 1 — S E P T. 24, 1976 " (2) Expenses incurred under any budget approved under paragraph (1) of this subsection shall be paid out of the Postal Service fund established under section 2003 of this title. " (e) The provisions of section 410 and chapter 10 of this title shall apply to the Commission, as appropriate.". SEC. 5. (a) Section 3624 of title 39, United States Code, is amended by redesignating subsection (c) as subsection (d) and by inserting immediately after subsection (b) the following new subsection: " (c)(1) E x c e p t as provided by paragraph (2) of this subsection, in any case in which the Postal Service makes a request under section 3622 of this title for a recommended decision by the Commission on changes in a rate or rates of postage or in a fee or fees for postal services the Commission shall transmit its recommended decision to the Grovernors under subsection (d) of this section no later than 10 months after receiving any such request from the Postal Service. " (2) I n any case in which the Commission determines that the Postal Service has unreasonably delayed consideration of a request made by the Postal Service under section 3622 by failing to respond within a reasonable time to any lawful order of the Commission, the Commission may extend the lO-month period described in paragraph (1) of this subsection by one day for each day of such delay.". (b) The amendment made by subsection (a) of this section shall not apply to any action or proceeding with respect to the recommended decision of the Postal Rate Commission relating to proposed changes in rates of postage, and in fees for postal services, requested on September 18, 1975, by the United States Postal Service in a request which bears, or which at any time has been included under. Postal Rate Commission Docket Number R 7 6 - 1. SEC. 6. (a) Section 3641 of title 39, United States Code, is amended to read as follows: "§ 3641. Temporary changes in rates and classes " (a) I n any case in which the Postal Rate Commission fails to transmit a recommended decision on a change in rates of postage or in fees for postal services to the Governors in accordance with section 3624(c) of this title, the Postal Service may establish temporary changes in rates of postage and in fees for postal services in accordance with the proposed changes under consideration by the Commission. Such temporary changes may take effect upon such date as the Postal Service may determine, except that such temporary changes may take effect only after 10 days' notice in the Federal Register. " (b) Any temporary rate or fee established by the Postal Service under subsection (a) of this section shall be in accordance with the policies of this title and shall not exceed such amount as may be necessary for sufficient revenues to assure that the total estimated income, including appropriations, of the Postal Service shall, to the extent practicable, be equal to the total estimated costs of the Postal Service. " (c) Notwithstanding the provisions of subsection (b) of this section, the Postal Service may not establish any temporary rate for a class of mail or any temporary fee for a postal service which is more than the permanent rate or fee requested for such class or postal service by the Postal Service under section 3622 of this title. " (d) Any temporary change in rates of postage or in fees for postal services made by the Postal Service under this section shall remain in effect no longer than 150 days after the date on which the Commis-