39 U.S.C. § 416 : US Code - Section 416: Authority to issue semipostals

Search 39 U.S.C. § 416 : US Code - Section 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 less than 15 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. The special rate of
postage of an individual stamp under this section shall be an
amount that is evenly divisible by 5.
(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.
(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;
(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.