US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 416. —  Authority to issue semipostals.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC416]

 
                        TITLE 39--POSTAL SERVICE
 
                             PART I--GENERAL
 
                      CHAPTER 4--GENERAL AUTHORITY
 
Sec. 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.

(Added Pub. L. 106-253, Sec. 2(a), July 28, 2000, 114 Stat. 634; amended 
Pub. L. 107-67, title VI, Sec. 652(c)(1), Nov. 12, 2001, 115 Stat. 557; 
Pub. L. 107-117, div. B, Sec. 1201, Jan. 10, 2002, 115 Stat. 2335.)


                               Amendments

    2002--Subsec. (c). Pub. L. 107-117 amended Pub. L. 107-67. See 2001 
Amendment note below.
    2001--Subsec. (c). Pub. L. 107-67, as amended by Pub. L. 107-117, 
substituted ``of not less than 15 percent'' for ``of not to exceed 25 
percent'' in par. (1) and inserted at end of concluding provisions ``The 
special rate of postage of an individual stamp under this section shall 
be an amount that is evenly divisible by 5.''


                             Effective Date

    Pub. L. 106-253, Sec. 2(e), July 28, 2000, 114 Stat. 636, provided 
that: ``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 [July 28, 2000].''


                          The 9/11 Heroes Stamp

    Pub. L. 107-67, title VI, Sec. 652, Nov. 12, 2001, 115 Stat. 557, as 
amended by Pub. L. 107-117, div. B, Sec. 1201, Jan. 10, 2002, 115 Stat. 
2335, provided that:
    ``(a) Short Title.--This section may be cited as the `9/11 Heroes 
Stamp Act of 2001'.
    ``(b) In General.--In order to afford the public a direct and 
tangible way to provide assistance to the families of emergency relief 
personnel killed or permanently disabled in the line of duty in 
connection with the terrorist attacks against the United States on 
September 11, 2001, the United States Postal Service shall issue a 
semipostal in accordance with subsection (c).
    ``(c) Requirements.--The provisions of section 416(a), (c), (d), and 
(f) of title 39, United States Code, shall apply as practicable with 
respect to the semipostal described in subsection (b), subject to the 
following:
        ``(1) Rate of postage.--[Amended subsec. (c) of this section.]
        ``(2) Disposition of amounts becoming available.--All amounts 
    becoming available from the sale of the semipostal (as determined 
    under such section) shall be transferred to the Federal Emergency 
    Management Agency under such arrangements as the Postal Service 
    shall by mutual agreement with such agency establish in order to 
    carry out the purposes of this section.
        ``(3) Commencement and termination dates.--Stamps under this 
    section shall be issued--
            ``(A) beginning on the earliest date practicable; and
            ``(B) for such period of time as the Postal Service 
        considers necessary and appropriate, but in no event after 
        December 31, 2004.
    ``(d) Limitation.--For purposes of section 416 of title 39, United 
States Code (including any regulation prescribed under subsection 
(e)(1)(C) of that section), the semipostal postage stamp issued under 
this section shall not apply to any limitation relating to whether more 
than one semipostal may be offered for sale at the same time.
    ``(e) Design.--It is the sense of the Congress that the semipostal 
issued under this section should depict, by such design as the Postal 
Service considers to be most appropriate, the efforts of emergency 
relief personnel at the site of the World Trade Center in New York City 
and the Pentagon in Arlington, Virginia.
    ``(f) Definitions.--For purposes of this section--
        ``(1) the term `emergency relief personnel' means firefighters, 
    law enforcement officers, paramedics, emergency medical technicians, 
    members of the clergy, and other individuals (including employees of 
    legally organized and recognized volunteer organizations, whether 
    compensated or not) who, in the course of professional duties, 
    respond to fire, medical, hazardous material, or other similar 
    emergencies; and
        ``(2) the term `semipostal' has the meaning given such term by 
    section 416 of title 39, United States Code.''
    [For transfer of functions, personnel, assets, and liabilities of 
the Federal Emergency Management Agency, including the functions of the 
Director of the Federal Emergency Management Agency relating thereto, to 
the Secretary of Homeland Security, and for treatment of related 
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.]


                   Domestic Violence Semipostal Stamp

    Pub. L. 107-67, title VI, Sec. 653, Nov. 12, 2001, 115 Stat. 558, 
provided that:
    ``(a) Short Title.--This section may be cited as the `Stamp Out 
Domestic Violence Act of 2001'.
    ``(b) In General.--In order to afford the public a direct and 
tangible way to contribute to funding for domestic violence programs, 
the United States Postal Service shall issue a semipostal in accordance 
with subsection (c).
    ``(c) Requirements.--The provisions of section 416 of title 39, 
United States Code, shall apply as practicable with respect to the 
semipostal described in subsection (b), subject to the following:
        ``(1) Disposition of amounts becoming available.--All amounts 
    becoming available from the sale of the semipostal (as determined 
    under such section) shall be transferred to the Department of Health 
    and Human Services under such arrangements as the Postal Service 
    shall by mutual agreement with such agency establish in order to 
    carry out the purposes of this section.
        ``(2) Commencement and termination dates.--Stamps under this 
    section shall be issued--
            ``(A) beginning on the earliest date practicable, but not 
        later than January 1, 2004; and
            ``(B) for such period of time as the Postal Service 
        considers necessary and appropriate, but in no event after 
        December 31, 2006.
    ``(d) Limitation.--For purposes of section 416 of title 39, United 
States Code (including any regulation prescribed under subsection 
(e)(1)(C) of that section), the semipostal stamp issued under this 
section shall not apply to any limitation relating to whether more than 
one semipostal may be offered for sale at the same time.
    ``(e) Definition.--For purposes of this section the term 
`semipostal' has the meaning given such term by section 416 of title 39, 
United States Code.''


                           Reports by Agencies

    Pub. L. 106-253, Sec. 2(b), July 28, 2000, 114 Stat. 636, provided 
that: ``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.''


                Reports by the General Accounting Office

    Pub. L. 106-253, Sec. 2(c), July 28, 2000, 114 Stat. 636, provided 
that:
    ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in section 414 of this title.



chanrobles.com.Com