106TH CONGRESS

2D SESSION S. 2386

AN ACT

To authorize the United States Postal Service to issue

semipostals, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO ISSUE SEMIPOSTAL STAMPS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Semipostal Act of 2000’’.
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1 (b) IN GENERAL.—Chapter 4 of title 39, United

2 States Code, is amended by striking section 416 (as added

3 by the Semipostal Authorization Act) and inserting the

4 following:

5 ‘‘§ 416. Authority to issue semipostals

6 ‘‘(a) DEFINITIONS.—In this section, the term—

7 ‘‘(1) ‘agency’ means an Executive agency (as

8 defined by section 105 of title 5);

9 ‘‘(2) ‘amounts becoming available from the sale

10 of a semipostal under this section’ means—

11 ‘‘(A) the total amounts received by the

12 Postal Service with respect to the applicable

13 semipostal in excess of the first class, first

14 ounce rate, reduced by

15 ‘‘(B) an amount equal to the full costs in16 curred by the Postal Service from the issuance

17 and sale of the average first class, first ounce

18 rate stamp, plus any additional costs incurred

19 by the Postal Service unique to the issuance of

20 the applicable semipostal; and

21 ‘‘(3) ‘semipostal’ means a special postage stamp

22 which is issued and sold by the Postal Service, at a

23 premium, in order to help provide funding for an

24 issue of national importance.
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1 ‘‘(b) AUTHORITY.—The Postal Service may issue no

2 more than 1 semipostal each year, and sell such

3 semipostals, in accordance with this section.

4 ‘‘(c) RATES.—

5 ‘‘(1) IN GENERAL.—The rate of postage on a

6 semipostal issued under this section shall be estab7 lished by the Governors, in accordance with such

8 procedures as the Governors shall by regulation pro9 mulgate (in lieu of the procedures under chapter

10 36), except that—

11 ‘‘(A) the rate established for a semipostal

12 under this section shall be equal to the rate of

13 postage that would otherwise regularly apply,

14 plus a differential of not to exceed 25 percent;

15 and

16 ‘‘(B) no regular rates of postage or fees for

17 postal services under chapter 36 shall be any

18 different from what such rates or fees otherwise

19 would have been if this section had not been en20 acted.

21 ‘‘(2) VOLUNTARY USE.—The use of any

22 semipostal issued under this section shall be vol23 untary on the part of postal patrons.

24 ‘‘(d) AMOUNTS BECOMING AVAILABLE.—
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1 ‘‘(1) IN GENERAL.—The amounts becoming

2 available from the sale of a semipostal under this

3 section shall be transferred to the appropriate agen4 cy or agencies under such arrangements as the Post5 al Service shall by mutual agreement with each such

6 agency establish.

7 ‘‘(2) ISSUES OF NATIONAL IMPORTANCE AND

8 AGENCIES.—Decisions under this section concerning

9 issues of national importance, and the appropriate

10 agency or agencies to receive amounts becoming

11 available under this section, shall be made applying

12 the criteria and procedures established under sub13 section (f).

14 ‘‘(3) RECOVERY OF COSTS.—

15 ‘‘(A) IN GENERAL.—Not later than 6

16 months after the date of enactment of the

17 Semipostal Act of 2000, the Postal Service shall

18 establish a system to account for all revenues

19 and the full costs (including related labor and

20 administrative costs) associated with selecting,

21 developing, marketing, and selling semipostals

22 under this section. The system shall track and

23 account for semipostal revenues and costs sepa24 rately from the revenues and costs of all other

25 postage stamps.
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1 ‘‘(B) PAYMENT.—Before making any pay2 ment to any agency under subsection (d)(1),

3 the Postal Service shall recover the full costs in4 curred by the Postal Service as of the date of

5 such payment.

6 ‘‘(C) MINIMUM COSTS.—The Postal Serv7 ice shall to the maximum extent practicable

8 keep the costs incurred by the Postal Service in

9 issuing a semipostal to a minimum.

10 ‘‘(4) OTHER FUNDING NOT TO BE AF11 FECTED.—Amounts which have or may become

12 available from the sale of a semipostal under this

13 section shall not be taken into account in any deci14 sion relating to the level of appropriations or other

15 Federal funding to be furnished to an agency in any

16 year.

17 ‘‘(e) CONGRESSIONAL REVIEW.—(1) Before the Post18 al Service can take action with respect to the implementa19 tion of a decision to issue a semipostal, the Postal Service

20 shall submit to each House of the Congress a report

21 containing—

22 ‘‘(A) a copy of the decision;

23 ‘‘(B) a concise explanation of the basis for the

24 decision; and
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1 ‘‘(C) the proposed effective date of the

2 semipostal.

3 ‘‘(2) Upon receipt of a report submitted under para4 graph (1), each House shall provide copies of the report

5 to the chairman and ranking member of the Governmental

6 Affairs Committee in the Senate and the Government Re7 form Committee in the House.

8 ‘‘(3) The decision of the Postal Service with respect

9 to the implementation of a decision to issue a semipostal

10 shall take effect on the latest of—

11 ‘‘(A) the date occurring 60 days after the date

12 on which the Congress receives the report submitted

13 under paragraph (1);

14 ‘‘(B) if the Congress passes a joint resolution of

15 disapproval described in paragraph 7, and the Presi16 dent signs a veto of such resolution, the earlier

17 date—

18 ‘‘(i) on which either House of Congress

19 votes and fails to override the veto of the Presi20 dent; or

21 ‘‘(ii) occurring 30 session days after the

22 date on which the Congress received the veto

23 and objections of the President; or

24 ‘‘(C) the date the decision would have otherwise

25 been implemented, if not for this section (unless a
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1 joint resolution of disapproval under paragraph 7 is

2 enacted).

3 ‘‘(4) Notwithstanding paragraph (3), the decision of

4 the Postal Service with respect to the implementation of

5 a decision to issue a semipostal shall not be delayed by

6 operation of this subsection beyond the date on which ei7 ther House of Congress votes to reject a joint resolution

8 of disapproval under paragraph 7.

9 ‘‘(5) The Postal Service shall not implement a deci10 sion to issue a semipostal if the Congress enacts a joint

11 resolution of disapproval, described under paragraph 7.

12 ‘‘(6)(A) In addition to the opportunity for review oth13 erwise provided under this chapter, in the case of any deci14 sion for which a report was submitted in accordance with

15 paragraph (1) during the period beginning on the date oc16 curring 30 days before the date the Congress adjourns a

17 session of Congress through the date on which the same

18 or succeeding Congress first convenes its next session, this

19 section shall apply to such rule in the succeeding session

20 of Congress.

21 ‘‘(B) In applying this section for purposes of such

22 additional review, a decision described under paragraph

23 (1) shall be treated as though—

24 ‘‘(i) the decision were made on—
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1 ‘‘(I) in the case of the Senate, the fifth

2 session day, or

3 ‘‘(II) in the case of the House of Rep4 resentatives, the fifth legislative day,

5 ‘‘after the succeeding session of Congress first con6 venes; and

7 ‘‘(ii) a report on such role were submitted to

8 Congress under paragraph (1) on such date.

9 ‘‘(7) For purposes of this section, the term ‘joint res10 olution’ means only a joint resolution introduced in the

11 period beginning on the date on which the report referred

12 to in paragraph (1) is received by Congress and ending

13 60 days thereafter (excluding days either House of Con14 gress is adjourned for more than 3 days during a session

15 of Congress), the matter after the resolving clause of

16 which is as follows: ‘That Congress disapproves the deci17 sion of the Postal Service submitted on llll relating

18 to the issuance of llll semipostal, and the Postal

19 Service shall take no action to implement such decision.’

20 (The blank spaces being appropriately filled in.).

21 ‘‘(8)(A) A joint resolution described in paragraph (7)

22 shall be referred to the committees in each House of Con23 gress with jurisdiction.
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1 ‘‘(B) For purposes of this subsection, the term ‘sub2 mission date’ means the date on which the Congress re3 ceives the report submitted under paragraph (1).

4 ‘‘(9) In the Senate, if the committee to which is re5 ferred a joint resolution described in paragraph (7) has

6 not reported such joint resolution (or an identical joint

7 resolution) at the end of 20 calendar days after the sub8 mission date defined under paragraph (8)(B), such com9 mittee may be discharged from further consideration of

10 such joint resolution upon a petition supported in writing

11 by 30 Members of the Senate, and such joint resolution

12 shall be placed on the calendar.

13 ‘‘(10)(A) In the Senate, when the committee to which

14 a joint resolution is referred has reported, or when a com15 mittee is discharged (under paragraph (9)) from further

16 consideration of a joint resolution described in paragraph

17 (7), it is at any time thereafter in order (even though a

18 previous motion to the same effect has been disagreed to)

19 for a motion to proceed to the consideration of the joint

20 resolution, and all points of order against the joint resolu21 tion (and against consideration of the joint resolution) are

22 waived. The motion is not subject to amendment, or to

23 a motion to postpone, or to a motion to proceed to the

24 consideration of other business. A motion to reconsider the

25 vote by which the motion is agreed to or disagreed to shall
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1 not be in order. If a motion to proceed to the consideration

2 of the joint resolution is agreed to, the joint resolution

3 shall remain the unfinished business of the Senate until

4 disposed of.

5 ‘‘(B) In the Senate, debate on the joint resolution,

6 and on all debatable motions and appeals in connection

7 therewith, shall be limited to not more than 10 hours,

8 which shall be divided equally between those favoring and

9 those opposing the joint resolution. A motion further to

10 limit debate is in order and not debatable. An amendment

11 to, or a motion to postpone, or a motion to proceed to

12 the consideration of other business, or a motion to recom13 mit the joint resolution is not in order.

14 ‘‘(C) In the Senate, immediately following the conclu15 sion of the debate on a joint resolution described in para16 graph (7), and a single quorum call at the conclusion of

17 the debate if requested in accordance with the rules of the

18 Senate, the vote on final passage of the joint resolution

19 shall occur.

20 ‘‘(D) Appeals from the decisions of the Chair relating

21 to the application of the rules of the Senate to the proce22 dure relating to a joint resolution described in paragraph

23 (7) shall be decided without debate.

24 ‘‘(11) In the Senate the procedure specified in para25 graph (9) or (10) shall not apply to the consideration of
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1 a joint resolution respecting a Postal Service decision to

2 implement a decision to issue a semipostal—

3 ‘‘(A) after the expiration of the 60 session days

4 beginning with the applicable submission date, or

5 ‘‘(B) if the report under paragraph (1) was

6 submitted during the period referred to in paragraph

7 (6), after the expiration of the 60 session days be8 ginning on the fifth session day after the succeeding

9 session of Congress first convenes.

10 ‘‘(12) If, before the passage by one House of a joint

11 resolution of that House described in paragraph (7), that

12 House receives from the other House a joint resolution

13 described in paragraph (7), then the following procedures

14 shall apply:

15 ‘‘(A) The joint resolution of the other House

16 shall not be referred to a committee.

17 ‘‘(B) With respect to a joint resolution de18 scribed in paragraph (7) of the House receiving the

19 joint resolution—

20 ‘‘(i) the procedure in that House shall be

21 the same as if no joint resolution had been re22 ceived from the other House; but

23 ‘‘(ii) the vote on final passage shall be on

24 the joint resolution of the other House.

25 ‘‘(13) This section is enacted by Congress—
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1 ‘‘(A) as an exercise of the rulemaking power of

2 the Senate and House of Representatives, respec3 tively, and as such it is deemed a part of the rules

4 of each House, respectively, but applicable only with

5 respect to the procedure to be followed in that

6 House in the case of a joint resolution described in

7 paragraph (7), and it supersedes other rules only to

8 the extent that it is inconsistent with such rules; and

9 ‘‘(B) with full recognition of the constitutional

10 right of either House to change the rules (so far as

11 relating to the procedure of that House) at any time,

12 in the same manner, and to the same extent as in

13 the case of any other rule of that House.

14 ‘‘(f) REGULATIONS.—

15 ‘‘(1) IN GENERAL.—Not later than 6 months

16 after the date of enactment of the Semipostal Act of

17 2000, the Postal Service shall promulgate regula18 tions to carry out this section, including provisions

19 relating to—

20 ‘‘(A) which office or other body within the

21 Postal Service will be responsible for making

22 the decisions described in subsection (d)(2);

23 ‘‘(B) what criteria and procedures will be

24 applied in making those decisions;
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1 ‘‘(C) any limitations relating to the

2 issuance of semipostals, such as whether more

3 than 1 semipostal may be offered for sale at

4 any given time; and

5 ‘‘(D) how the price of a semipostal will be

6 established.

7 ‘‘(2) NOTICE AND COMMENT.—Before any regu8 lation is promulgated under this section, a copy of

9 the proposed regulation shall be published in the

10 Federal Register and an opportunity provided to in11 terested parties to present written comment and,

12 where practicable, oral comment.

13 ‘‘(3) ISSUANCE.—The Postal Service shall not

14 issue a semipostal until at least 30 days after the

15 final regulations promulgated under paragraph (1)

16 take effect.

17 ‘‘(g) ANNUAL REPORTS.—

18 ‘‘(1) IN GENERAL.—The Postmaster General

19 shall include in each report rendered under section

20 2402, with respect to any period during any portion

21 of which this section is in effect, information con22 cerning the operation of any program established

23 under this section.

24 ‘‘(2) SPECIFIC REQUIREMENT.—
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1 ‘‘(A) IN GENERAL.—If any semipostal

2 ceases to be offered during the period covered

3 by a report, the information contained in such

4 report shall also include—

5 ‘‘(i) the dates on which the sale of

6 such semipostal commenced and termi7 nated; and

8 ‘‘(ii) the total amount that became

9 available from the sale of such semipostal

10 and any agency to which such amount was

11 made available.

12 ‘‘(B) SEMIPOSTALS THAT CEASE TO BE

13 OFFERED.—For each year before the year in

14 which a semipostal ceases to be offered, any re15 port under this subsection shall include, for

16 that semipostal and for the year covered by that

17 report, the information described under clauses

18 (i) and (ii).

19 ‘‘(h) NO INDIVIDUAL RIGHT CREATED.—This section

20 is not intended to and does not create any right or benefit,

21 substantive or procedural, enforceable at law by any party

22 against the Postal Service, its Governors, officers or em23 ployees, the United States, its agencies or instrumental24 ities, its officers or employees, or any other person.
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1 ‘‘(i) INAPPLICABILITY TO BREAST CANCER RE2 SEARCH SPECIAL STAMPS.—This section shall not apply

3 to special postage stamps issued under section 414.

4 ‘‘(j) TERMINATION.—This section shall cease to be

5 effective at the end of the 10-year period beginning on

6 the date on which semipostals are first made available to

7 the public under this section.’’.

8 (c) REPORTS BY AGENCIES.—

9 (1) IN GENERAL.—Each agency that receives

10 any funding in a year under section 416 of title 39,

11 United States Code (as amended by this section)

12 shall submit a written report under this subsection

13 with respect to such year to the congressional com14 mittees with jurisdiction over the United States

15 Postal Service.

16 (2) CONTENTS.—Each report under this sub17 section shall include—

18 (A) the total amount of funding received

19 by such agency under section 416 of such title

20 during the year to which the report pertains;

21 (B) an accounting of how any funds re22 ceived by such agency under section 416 of

23 such title were allocated or otherwise used by

24 such agency in such year; and
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1 (C) a description of the effectiveness in ad2 dressing the applicable issue of national impor3 tance that occurred as a result of the funding.

4 (d) REPORTS BY THE GENERAL ACCOUNTING OF5 FICE.—

6 (1) INITIAL REPORT.—Not later than 4 months

7 after semipostal stamps are first made available to

8 the public under section 416 of title 39, United

9 States Code (as amended by this section), the Gen10 eral Accounting Office shall submit to the President

11 and each house of Congress an initial report on the

12 operation of the program established under such sec13 tion.

14 (2) INTERIM REPORTS.—Not later than the

15 third year, and again not later than the sixth year,

16 after semipostal stamps are first made available to

17 the public under section 416 of title 39, United

18 States Code (as amended by this section), the Gen19 eral Accounting Office shall submit to the President

20 and each house of Congress an interim report on the

21 operation of the program established under such sec22 tion.

23 (3) FINAL REPORT.—Not later than 6 months

24 before the date of termination of the effectiveness of

25 section 416 of title 39, United States Code (as
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1 amended by this section), the General Accounting

2 Office shall submit to the President and each house

3 of Congress a final report on the operation of the

4 program established under such section. The final

5 report shall contain a detailed statement of the find6 ings and conclusions of the General Accounting Of7 fice, and any recommendation the General Account8 ing Office considers appropriate.

9 (e) CONFORMING AMENDMENT.—Section 2 of the

10 Semipostal Authorization Act is amended by striking sub11 sections (b), (c), and (e).

12 (f) EFFECTIVE DATE.—This section shall take effect

13 on the date of enactment of this Act and the program

14 under section 416 of title 39, United States Code (as

15 amended by this section) shall be established not later

16 than 1 year after the date of enactment of this Act.

Passed the Senate July 27, 2000.

Attest:

Secretary.

106TH CONGRESS

2D SESSION S. 2386

AN ACT

To authorize the United States Postal Service to

issue semipostals, and for other purposes.