Page:United States Statutes at Large Volume 107 Part 2.djvu/319

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 103-123—OCT. 28, 1993 107 STAT. 1271 (2) AUTHORIZATION. — The amendments made by subsection 39 USC 240i (b) shall apply with respect to appropriations for fiscal years "°^- beginning after September 30, 1993. ELIGIBILITY OF CERTAIN MAILINGS FOR REDUCED RATES OF POSTAGE SEC. 705. (a) ADVERTISING.— Section 3626(j)(l) is amended— (1) in subparagraph (B) by striking "or" after the semicolon; (2) in subparagraph (C) by striking the period and inserting "; or"; and (3) by adding at the end the following: "(D) any product or service (other than any to which subparagraph (A), (B), or (C) relates), if— "(i) the sale of such product or the providing of such service is not substantially related (aside from the need, on the part of the organization promoting such product or service, for income or funds or the use it makes of the profits derived) to the exercise or performance by the organization of one or more of the purposes constituting the basis for the organization's authorization to mail at such rates; or "(ii) the mail matter involved is part of a cooperative mailing (as defined under regulations of the Postal Service) with any person or organization not authorized to mail at the rates for mail under former section 4452(b) or 4452(c) of this title; except that— "(I) any determination under clause (i) that a product Regulations. or service is not substantially related to a particular purpose shall be made under regulations which shall be prescribed by the Postal Service and which shall be consistent with standards established by the Internal Revenue Service and the courts with respect to subsections (a) and (c) of section 513 of the Internal Revenue Code of 1986; and "(II) clause (i) shall not apply if the product involved is a periodical publication described in subsection (m)(2) (including a subscription to receive any such publication).". (b) PRODUCTS.— Section 3626 is amended by adding at the end the following: "(m)(1) In the administration of this section, the rates for mail under former section 4452(b) or 4452(c) of this title shall not apply to mail consisting of products, unless such products— "(A) were received by the organization as gifts or contributions; or "(B) are low cost articles (as defined by section 513(h)(2) of the Internal Revenue Code of 1986). "(2) Paragraph (1) shall not apply with respect to a periodical publication of a qualified nonprofit organization.. (c) CERTIFICATION; VERIFICATION. —Section 3626(j)(3) is amended— (1) by striking "(3)" and inserting "(3)(A)"; and (2) by adding at the end the following: "(B) The Postal Service shall establish procedures to carry out this paragraph, including procedures for mailer certification of compliance with the conditions specified in paragraph (I)(D) or subsection (m), as applicable, and verification of such compliance.".