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Title 39 — Postal ServiceRelease 119-73

§5005 Mail transportation

Title 39 › Part PART V— - TRANSPORTATION OF MAIL › Chapter CHAPTER 50— - GENERAL › § 5005

Last updated Apr 6, 2026|Official source

Summary

The Postal Service can have mail moved by air (under chapter 54), by water (under chapter 56), or by hiring people or companies to move mail on land or water under contracts it thinks are right. Those hire-a-contractor contracts normally run no more than 4 years unless the Postal Service decides a longer time is better. The Postal Service must advertise and ask for proposals before making such contracts. With the contractor’s agreement, pay can be changed if costs rise or fall during the contract. Contracts can be renewed at the same rate if both sides agree. Contracts must be open for inspection at Postal Service offices, in the post offices on the routes involved, and, when the contract covers foreign air carriage, also at the Surface Transportation Board or the Secretary of Transportation at least 15 days before they start. When choosing between a contract or using a government vehicle, the Postal Service must pick the option that best serves the public interest, considering cost.

Full Legal Text

Title 39, §5005

Postal Service — Source: USLM XML via OLRC

(a)The Postal Service may obtain mail transportation service—
(1)from air carriers as provided in chapter 54 of this title;
(2)from water carriers as provided in chapter 56 of this title; and
(3)by contract from any person or carrier for surface and water transportation under such terms and conditions as it deems appropriate, subject to the provisions of this section.
(b)(1)Contracts for the transportation of mail procured under subsection (a)(3) of this section shall be for periods not in excess of 4 years (or such longer period of time as may be determined by the Postal Service to be advisable or appropriate) and shall be entered into only after advertising a sufficient time previously for proposals. The Postal Service, with the consent of the holder of any such contract, may adjust the compensation allowed under that contract for increased or decreased costs resulting from changed conditions occurring during the term of the contract.
(2)A contract under subsection (a)(3) of this section may be renewed at the existing rate by mutual agreement between the contractor or subcontractor and the Postal Service.
(3)Any contract between the Postal Service and any carrier or person for the transportation of mail shall be available for inspection in the office of the Postal Service and either the Surface Transportation Board or the Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 40102(a) of title 49), as appropriate, and in post offices on the post roads involved as determined by the Postal Service, at least 15 days prior to the effective date of the contract.
(c)The Postal Service, in determining whether to obtain transportation of mail by contract under subsection (a)(3) of this section or by Government motor vehicle, shall use the mode of transportation which best serves the public interest, due consideration being given to the cost of the transportation service under each mode.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–435, § 1002(a)(2)(A), struck out par. (1), which related to common carriers by rail and motor vehicle or persons as provided in chapter 52, redesignated pars. (2) to (4) as (1) to (3), respectively, and, in par. (3), struck out “(as defined in section 5201(6) of this title)” after “any person”. Subsec. (b)(1), (2). Pub. L. 109–435, § 1002(a)(2)(B), (b)(1), substituted “(a)(3)” for “(a)(4)” in pars. (1) and (2) and “(or such longer period of time as may be determined by the Postal Service to be advisable or appropriate)” for “(or where the Postal Service determines that special conditions or the use of special equipment warrants, not in excess of 6 years)” in par. (1). Subsec. (c). Pub. L. 109–435, § 1002(a)(2)(C), substituted “by contract under subsection (a)(3) of this section or” for “by carrier or person under subsection (a)(1) of this section, by contract under subsection (a)(4) of this section, or”. 1995—Subsec. (a)(4). Pub. L. 104–88, § 307(1), substituted “5201(6)” for “5201(7)”. Subsec. (b)(3). Pub. L. 104–88, § 307(2), substituted “Surface Transportation Board” for “Interstate Commerce Commission”. 1994—Subsec. (b)(3). Pub. L. 103–272 substituted “section 40102(a) of title 49” for “section 101 of the Federal Aviation Act of 1958”. 1984—Subsec. (b)(3). Pub. L. 98–443 substituted “Secretary of Transportation if for the carriage of mail in foreign air transportation (as defined in section 101 of the Federal Aviation Act of 1958)” for “Civil Aeronautics Board”. 1972—Subsec. (b)(2). Pub. L. 92–286 substituted “contractor or subcontractor” for “holder”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of Title 49, Transportation.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Effective 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.

Reference

Citations & Metadata

Citation

39 U.S.C. § 5005

Title 39 — Postal Service

Last Updated

Apr 6, 2026

Release point: 119-73