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Title 39, Postal ServiceRelease 119-102

§5005 Mail Transportation

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

Last updated Aug 21, 2026|Official source

Summary

The Postal Service can have mail carried by air under the rules in chapter 54, by water under chapter 56, or by hiring any person or carrier to move mail by land or water under terms it chooses and under the rules below. Contracts for hired surface or water service normally last no more than 4 years unless the Postal Service decides a longer term is better. Contracts must be advertised ahead of time. 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. Contracts must be open for inspection at Postal Service offices, at the Surface Transportation Board (or the Secretary of Transportation for foreign air service as defined in section 40102(a) of title 49), and in the post offices on the routes, at least 15 days before they take effect. When choosing between hiring transport or using government vehicles, 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

Aug 21, 2026

Release point: 119-102