§ 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.
