Sec. 3. Preferential rates for inbound noncommercial mail from developing countries
655 words·~3 min read·
/bill/115/hr/5524/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 407 of title 39, United States Code, is amended by adding at the end the following: Pursuant to subsection (b), the Secretary of State may conclude a treaty, convention, amendment, or other intergovernmental agreement that requires the Postal Service to provide preferential classifications, rates, or fees for the transportation and delivery within the United States of documents and goods received from other countries in accordance with this subsection. No classification, rate, or fee established under this subsection shall— apply to documents and goods sent from an industrialized country to the United States; apply to commercial goods sent to the United States from a country that exports such commercial goods to the United States in quantities that have a significant competitive effect on business concerns within the United States; discriminate between documents or goods received from a specific country based on the ownership or governmental designation of the entity tendering the documents or goods to the Postal Service; or be effective for more than 4 years.
At least 120 days prior to concluding negotiations with respect to any treaty, convention, amendment, or other intergovernmental agreement (including any regulation of the Universal Postal Union binding on the United States Government) that proposes to establish a preferential classification, rate, or fee pursuant to paragraph (1), the Secretary of State shall submit the proposed classification, rate, or fee to the Postal Regulatory Commission for review together with a written statement explaining why it is in the foreign policy or national security interest of the United States to provide such preference (provided that the Secretary may designate portions that shall be kept confidential for reasons of foreign policy or national security for a period not exceeding 4 years).
Promptly after receiving a request under paragraph (3), the Commission shall provide notice and an opportunity for public comment in conformance with the rulemaking requirements of section 553 of title 5, United States Code. The Commission may also provide for an evidentiary hearing on the record if it considers such a hearing necessary. In its review, the Commission shall determine whether the proposed classification, rate, or fee is— reasonably calculated to achieve the foreign policy or national security objectives defined by the Secretary in a manner that is as consistent as possible with the national policies established in subsection (a); and consistent with the requirements of paragraph
(2)of this subsection. Unless the Commission determines that the proposed preferential classification, rate, or fee must be disapproved, the Commission shall also provide an estimate of the monetary value of the approved preference for each year for which the preference is to be effective. Within 90 days of receiving a request under paragraph (3), Commission shall issue a decision which approves, approves with modifications, or disapproves the proposed classification, rate, or fee. The Secretary shall ensure that each treaty, convention, or amendment concluded under this section is consistent with the decision of the Commission. The Commission shall periodically determine the difference between the revenues received by the Postal Service pursuant to preferential classifications, rates, or fees approved under this subsection and the revenues that the Postal Service would have received in the absence of such classifications, rates, or fees. Such estimates shall be included in the annual report provided by the Commission under section 3651(b). Within 3 months after the end of each Government fiscal year, the Secretary shall transfer to the Postal Service the revenues foregone due to such preferential rates, fees, or classifications in the previous fiscal year, as determined by the Commission, from funds appropriated to the Department of State for that purpose. Within 120 days from the enactment of this section, the Commission shall promulgate (and may thereafter revise) such regulations as it deems necessary and proper to implement this subsection. In promulgating such regulations, the Commission shall take account of, but not be bound by the definitions of terms and other standards of the Universal Postal Union. .