Title 39 — Postal ServiceRelease 119-73not60
§5005 Mail Transportation
Title 39 › Part V— TRANSPORTATION OF MAIL › Chapter 50— GENERAL › § 5005
Summary
The Postal Service can use airlines, ships, or hire people or companies to carry mail by land or water. Hired contracts usually last no more than 4 years unless the Postal Service decides to go longer. Contracts must be advertised ahead of time for proposals. With the contractor’s agreement, pay can be changed if costs go up or down during the contract. Contracts can be renewed at the same rate if both sides agree. A copy of each contract must be available in Postal Service offices, at the Surface Transportation Board (or the Secretary of Transportation for foreign air mail), and in the local post offices on the routes at least 15 days before it starts. When choosing between hiring transport or using government trucks, the Postal Service must pick what best serves the public and consider 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 5, 2026
Release point: 119-73not60