Postmark Prompt Payment Act of 1995

Postmark Prompt Payment Act of 1995 - Deems any payment delivered by the Postal Service to be received by the payee on the date of the U.S. postmark stamped on the envelope or other cover in which such payment is mailed.

Exempts any payment: (1) other than a payment on a bill, invoice, or statement of account due; (2) which is required by law, regulation, or contract to be delivered by any method other than by mail; or (3) which is subject to any other provision of Federal law specifying how a postmark date shall be used in determining the date on which such payment shall be deemed to have been delivered or made.

Applies the provisions of this Act only if: (1) the postmark date falls on or before the prescribed date for making the payment; and (2) the payment was, on or before such date, deposited in the mail in the United States in an envelope or under other appropriate cover, postage prepaid, and properly addressed to the payee.

[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 1963 Introduced in House (IH)]

  1st Session
                                H. R. 1963

To amend title 39, United States Code, to provide that the payment of a 
 bill, invoice, or statement of account due, if made by mail, shall be 
considered to have been made on the date as of which the envelope which 
            is used to transmit such payment is postmarked.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1995

 Mr. McHugh (for himself, Mr. Ackerman, Mr. Barrett of Wisconsin, Mr. 
Boehlert, Mr. Ehrlich, Mr. Gilman, Mr. Gene Green of Texas, Mr. Jacobs, 
Mrs. Kelly, Mrs. Kennelly, Mr. Kleczka, Mr. Livingston, Mr. Parker, Mr. 
 Romero-Barcelo, Mr. Serrano, Mr. Shays, Mr. Stockman, Mr. Underwood, 
  Mr. Towns, Mr. Walsh, and Mr. Davis) introduced the following bill; 
 which was referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
To amend title 39, United States Code, to provide that the payment of a 
 bill, invoice, or statement of account due, if made by mail, shall be 
considered to have been made on the date as of which the envelope which 
            is used to transmit such payment is postmarked.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Postmark Prompt Payment Act of 
1995''.

SEC. 2. DATE OF POSTMARK TO BE TREATED AS DATE OF PAYMENT OF A BILL, 
              INVOICE, OR STATEMENT OF ACCOUNT DUE.

    (a) In General.--Chapter 26 of title 39, United States Code, is 
amended by adding at the end the following:
``Sec. 2606. Date of postmark to be treated as date of payment of a 
              bill, invoice, or statement of account due
    ``(a) If any payment required to be made on or before a prescribed 
date is, after such date, delivered by the Postal Service to the payee, 
such payment shall be deemed received by the payee on the date of the 
United States postmark stamped on the envelope or other cover in which 
such payment is mailed.
    ``(b) Subsection (a) shall not apply with respect to any payment--
            ``(1) other than a payment on a bill, invoice, or statement 
        of account due;
            ``(2) which is required, by law, regulation, or contract, 
        to be delivered by any method other than by mail; or
            ``(3) which is subject to any other provision of Federal 
        law specifying how a postmark date shall be used in determining 
        the date on which such payment shall be deemed to have been 
        delivered or made.
    ``(c) Subsection (a) shall apply only if--
            ``(1) the postmark date falls on or before the prescribed 
        date for making the payment; and
            ``(2) the payment was, on or before such date, deposited in 
        the mail in the United States in an envelope or under other 
        appropriate cover, postage prepaid, properly addressed to the 
        payee.
    ``(d) Subsection (a) shall not apply in the case of a postmark not 
made by the Postal Service.
    ``(e) For purposes of this section--
            ``(1) the term `payee', as used with respect to a payment, 
        includes any person duly authorized to receive such payment; 
        and
            ``(2) the term `United States' means the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and any 
        territory or possession of the United States.
    ``(f) Regulations to carry out this section may be prescribed by 
the Postal Service.''.
    (b) Conforming Amendment.--The table of sections for chapter 26 of 
title 39, United States Code, is amended by adding at the end the 
following:

``2606. Date of postmark to be treated as date of payment of a bill, 
                            invoice, or statement of account due.''.
SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to any 
mailing postmarked after the end of the 3-month period beginning on the 
date of enactment of this Act.
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