• The mailpiece contains explicit advertising for a product or service for sale or lease or an explicit solicitation for a donation;

• All of the personal information is directly related to the advertising or solicitation; and

• Advertising or solicitation is the exclusive purpose of the mailpiece.

During the ensuing two-month comment period, more than 360 separate responses were received. Most were from non-profit mailers concerned about the “exclusive purpose” test. Other respondents also objected to the exclusive purpose test, calling it too subjective.

As of September 1, 2004 the USPS had not exercised any of its three options to propose a new rule; to implement the current proposed rule in January 2005; or to propose the same rule again and ask for additional comments. The matter thus is pending.

Postal Reform Bill Update
With the 108th Congress scheduled to adjourn on October 1, the chance of postal reform legislation becoming law is growing dimmer. There are two major obstacles to overcome: the lack of time remaining in the 108th Congress and the federal budget.