PUBLIC LAW 106–253—JULY 28, 2000

SEMIPOSTAL AUTHORIZATION ACT

114 STAT. 634 PUBLIC LAW 106–253—JULY 28, 2000

Public Law 106–253

106th Congress

An Act

To grant to the United States Postal Service the authority to issue semipostals,

and for other purposes.

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 ‘‘Semipostal Authorization Act’’.

SEC. 2. AUTHORITY TO ISSUE SEMIPOSTALS.

(a) IN GENERAL.—Chapter 4 of title 39, United States Code,

is amended by adding at the end the following:

‘‘§ 416. Authority to issue semipostals

‘‘(a) DEFINITIONS.—For purposes of this section—

‘‘(1) the term ‘semipostal’ means a postage stamp which

is issued and sold by the Postal Service, at a premium, in

order to help provide funding for a cause described in subsection

(b); and

‘‘(2) the term ‘agency’ means an Executive agency within

the meaning of section 105 of title 5.

‘‘(b) DISCRETIONARY AUTHORITY.—The Postal Service is hereby

authorized to issue and sell semipostals under this section in order

to advance such causes as the Postal Service considers to be in

the national public interest and appropriate.

‘‘(c) RATE OF POSTAGE.—The rate of postage on a semipostal

issued under this section shall be established by the Governors,

in accordance with such procedures as they shall by regulation

prescribe (in lieu of the procedures under chapter 36), except that—

‘‘(1) the rate established for a semipostal under this section

shall be equal to the rate of postage that would otherwise

regularly apply, plus a differential of not to exceed 25 percent;

and

‘‘(2) no regular rates of postage or fees for postal services

under chapter 36 shall be any different from what they otherwise would have been if this section had not been enacted.

The use of any semipostal issued under this section shall be voluntary on the part of postal patrons.

‘‘(d) AMOUNTS BECOMING AVAILABLE.—

‘‘(1) IN GENERAL.—The amounts becoming available from

the sale of a semipostal under this section shall be transferred

to the appropriate agency or agencies under such arrangements

as the Postal Service shall by mutual agreement with each

such agency establish.

Semipostal

Authorization

Act.

39 USC 101 note.

July 28, 2000

[H.R. 4437]

PUBLIC LAW 106–253—JULY 28, 2000 114 STAT. 635

‘‘(2) IDENTIFICATION OF APPROPRIATE CAUSES AND AGENCIES.—Decisions concerning the identification of appropriate

causes and agencies to receive amounts becoming available

from the sale of a semipostal under this section shall be made

in accordance with applicable regulations under subsection (e).

‘‘(3) DETERMINATION OF AMOUNTS.—

‘‘(A) IN GENERAL.—The amounts becoming available

from the sale of a semipostal under this section shall be

determined in a manner similar to that provided for under

section 414(c)(2) (as in effect on July 1, 2000).

‘‘(B) ADMINISTRATIVE COSTS.—Regulations under subsection (e) shall specifically address how the costs incurred

by the Postal Service in carrying out this section shall

be computed, recovered, and kept to a minimum.

‘‘(4) OTHER FUNDING NOT TO BE AFFECTED.—Amounts which

have or may become available from the sale of a semipostal

under this section shall not be taken into account in any

decision relating to the level of appropriations or other Federal

funding to be furnished to an agency in any year.

‘‘(5) RECOVERY OF COSTS.—Before transferring to an agency

in accordance with paragraph (1) any amounts becoming available from the sale of a semipostal over any period, the Postal

Service shall ensure that it has recovered the full costs incurred

by the Postal Service in connection with such semipostal

through the end of such period.

‘‘(e) REGULATIONS.—

‘‘(1) IN GENERAL.—Except as provided in subsection (c),

the Postal Service shall prescribe any regulations necessary

to carry out this section, including provisions relating to—

‘‘(A) which office or other authority within the Postal

Service shall be responsible for making the decisions

described in subsection (d)(2);

‘‘(B) what criteria and procedures shall be applied in

making those decisions; and

‘‘(C) what limitations shall apply, if any, relating to

the issuance of semipostals (such as whether more than

one semipostal may be offered for sale at the same time).

‘‘(2) NOTICE AND COMMENT.—Before any regulation is issued

under this section, a copy of the proposed regulation shall

be published in the Federal Register, and an opportunity shall

be provided for interested parties to present written and, where

practicable, oral comment. All regulations necessary to carry

out this section shall be issued not later than 30 days before

the date on which semipostals are first made available to

the public under this section.

‘‘(f ) ANNUAL REPORTS.—

‘‘(1) IN GENERAL.—The Postmaster General shall include

in each report rendered under section 2402, with respect to

any period during any portion of which this section is in effect,

information concerning the operation of any program established under this section.

‘‘(2) SPECIFIC REQUIREMENT.—If any semipostal ceases to

be offered during the period covered by such a report, the

information contained in that report shall also include—

‘‘(A) the commencement and termination dates for the

sale of such semipostal;

Deadline.

Federal Register,

publication.

114 STAT. 636 PUBLIC LAW 106–253—JULY 28, 2000

‘‘(B) the total amount that became available from the

sale of such semipostal; and

‘‘(C) of that total amount, how much was applied

toward administrative costs.

For each year before the year in which a semipostal ceases

to be offered, any report under this subsection shall include,

with respect to that semipostal (for the year covered by such

report), the information described in subparagraphs (B) and

(C).

‘‘(g) TERMINATION.—This section shall cease to be effective at

the end of the 10-year period beginning on the date on which

semipostals are first made available to the public under this section.’’.

(b) REPORTS BY AGENCIES.—Each agency that receives any

funding in a year under section 416 of title 39, United States

Code (as amended by this section) shall submit a written report

under this subsection, with respect to such year, to the congressional

committees with jurisdiction over the United States Postal Service.

Each such report shall include—

(1) the total amount of funding received by such agency

under such section 416 during the year;

(2) an accounting of how any funds received by such agency

under such section 416 were allocated or otherwise used by

such agency in such year; and

(3) a description of any significant advances or accomplishments in such year that were funded, in whole or in part,

out of amounts received by such agency under such section

416.

(c) REPORTS BY THE GENERAL ACCOUNTING OFFICE.—

(1) INTERIM REPORT.—The General Accounting Office shall

submit to the President and each House of Congress an interim

report on the operation of the program established under section

416 of title 39, United States Code (as amended by this section)

not later than 4 years after semipostals are first made available

to the public under such section.

(2) FINAL REPORT.—The General Accounting Office shall

transmit to the President and each House of Congress a final

report on the operation of the program established under such

section 416, not later than 6 months before the date on which

it is scheduled to expire. The final report shall contain a

detailed statement of the findings and conclusions of the General Accounting Office, together with any recommendations it

considers appropriate.

(d) CLERICAL AMENDMENT.—The table of sections for chapter

4 of title 39, United States Code, is amended by adding at the

end the following:

‘‘416. Authority to issue semipostals.’’.

(e) EFFECTIVE DATE.—The program under section 416 of title

39, United States Code (as amended by this section) shall be established within 6 months after the date of the enactment of this

Act.

SEC. 3. EXTENSION OF AUTHORITY TO ISSUE SEMIPOSTALS FOR

BREAST CANCER RESEARCH.

(a) IN GENERAL.—Section 414(g) of title 39, United States Code,

is amended to read as follows:

39 USC 416 note.

Deadlines.

39 USC 416 note.

39 USC 416 note.

PUBLIC LAW 106–253—JULY 28, 2000 114 STAT. 637

LEGISLATIVE HISTORY—H.R. 4437:

HOUSE REPORTS: No. 106–734 (Comm. on Government Reform).

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 17, considered and passed House.

July 26, considered and passed Senate.

Æ

‘‘(g) This section shall cease to be effective after July 29, 2002,

or the end of the 2-year period beginning on the date of the enactment of the Semipostal Authorization Act, whichever is later.’’.

(b) REPORTING REQUIREMENT.—No later than 3 months and

no earlier than 6 months before the date as of which section

414 of title 39, United States Code (as amended by this section)

is scheduled to expire, the Comptroller General of the United States

shall submit to the Congress a report on the operation of such

section. Such report shall be in addition to the report required

by section 2(b) of Public Law 105–41, and shall address at least

the same matters as were required to be included in that earlier

report.

Approved July 28, 2000.

Deadline.

39 USC 414 note.

Termination

date.