Page:United States Statutes at Large Volume 120.djvu/3236

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[120 STAT. 3205]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 3205]

PUBLIC LAW 109–435—DEC. 20, 2006

120 STAT. 3205

‘‘(B) result in a further increase in the rates paid by mailers not able to take advantage of the discount. ‘‘(4) REPORT.—Whenever the Postal Service establishes a workshare discount rate, the Postal Service shall, at the time it publishes the workshare discount rate, submit to the Postal Regulatory Commission a detailed report that— ‘‘(A) explains the Postal Service’s reasons for establishing the rate; ‘‘(B) sets forth the data, economic analyses, and other information relied on by the Postal Service to justify the rate; and ‘‘(C) certifies that the discount will not adversely affect rates or services provided to users of postal services who do not take advantage of the discount rate. ‘‘(f) TRANSITION RULE.—For the 1-year period beginning on the date of enactment of this section, rates and classes for marketdominant products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were last in effect before the date of enactment of this section. Proceedings initiated to consider a request for a recommended decision filed by the Postal Service during that 1-year period shall be completed in accordance with subchapter II of chapter 36 of this title and implementing regulations, as in effect before the date of enactment of this section.’’. (b) REPEALED SECTIONS.—Sections 3623, 3624, 3625, and 3628 of title 39, United States Code, are repealed. (c) REDESIGNATION.—Chapter 36 of title 39, United States Code (as in effect after the amendment made by section 601, but before the amendment made by section 202) is amended by striking the heading for subchapter II and inserting the following:

Certification.

‘‘SUBCHAPTER I—PROVISIONS RELATING TO MARKETDOMINANT PRODUCTS’’. SEC. 202. PROVISIONS RELATING TO COMPETITIVE PRODUCTS.

Chapter 36 of title 39, United States Code, is amended by inserting after section 3629 the following: ‘‘SUBCHAPTER II—PROVISIONS RELATING TO COMPETITIVE PRODUCTS ‘‘§ 3631. Applicability; definitions and updates ‘‘(a) APPLICABILITY.—This subchapter shall apply with respect to— ‘‘(1) priority mail; ‘‘(2) expedited mail; ‘‘(3) bulk parcel post; ‘‘(4) bulk international mail; and ‘‘(5) mailgrams; subject to subsection (d) and any changes the Postal Regulatory Commission may make under section 3642. ‘‘(b) DEFINITION.—For purposes of this subchapter, the term ‘costs attributable’, as used with respect to a product, means the direct and indirect postal costs attributable to such product through reliably identified causal relationships.

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