[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2386 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2386

_______________________________________________________________________

                                 AN ACT


 
To authorize the United States Postal Service 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. AUTHORITY TO ISSUE SEMIPOSTAL STAMPS.

    (a) Short Title.--This Act may be cited as the ``Semipostal Act of 
2000''.
    (b) In General.--Chapter 4 of title 39, United States Code, is 
amended by striking section 416 (as added by the Semipostal 
Authorization Act) and inserting the following:
``Sec. 416. Authority to issue semipostals
    ``(a) Definitions.--In this section, the term--
            ``(1) `agency' means an Executive agency (as defined by 
        section 105 of title 5);
            ``(2) `amounts becoming available from the sale of a 
        semipostal under this section' means--
                    ``(A) the total amounts received by the Postal 
                Service with respect to the applicable semipostal in 
                excess of the first class, first ounce rate, reduced by
                    ``(B) an amount equal to the full costs incurred by 
                the Postal Service from the issuance and sale of the 
                average first class, first ounce rate stamp, plus any 
                additional costs incurred by the Postal Service unique 
                to the issuance of the applicable semipostal; and
            ``(3) `semipostal' means a special postage stamp which is 
        issued and sold by the Postal Service, at a premium, in order 
        to help provide funding for an issue of national importance.
    ``(b) Authority.--The Postal Service may issue no more than 1 
semipostal each year, and sell such semipostals, in accordance with 
this section.
    ``(c) Rates.--
            ``(1) In general.--The rate of postage on a semipostal 
        issued under this section shall be established by the 
        Governors, in accordance with such procedures as the Governors 
        shall by regulation promulgate (in lieu of the procedures under 
        chapter 36), except that--
                    ``(A) 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
                    ``(B) no regular rates of postage or fees for 
                postal services under chapter 36 shall be any different 
                from what such rates or fees otherwise would have been 
                if this section had not been enacted.
            ``(2) Voluntary use.--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.
            ``(2) Issues of national importance and agencies.--
        Decisions under this section concerning issues of national 
        importance, and the appropriate agency or agencies to receive 
        amounts becoming available under this section, shall be made 
        applying the criteria and procedures established under 
        subsection (f).
            ``(3) Recovery of costs.--
                    ``(A) In general.--Not later than 6 months after 
                the date of enactment of the Semipostal Act of 2000, 
                the Postal Service shall establish a system to account 
                for all revenues and the full costs (including related 
                labor and administrative costs) associated with 
                selecting, developing, marketing, and selling 
                semipostals under this section. The system shall track 
                and account for semipostal revenues and costs 
                separately from the revenues and costs of all other 
                postage stamps.
                    ``(B) Payment.--Before making any payment to any 
                agency under subsection (d)(1), the Postal Service 
                shall recover the full costs incurred by the Postal 
                Service as of the date of such payment.
                    ``(C) Minimum costs.--The Postal Service shall to 
                the maximum extent practicable keep the costs incurred 
                by the Postal Service in issuing a semipostal 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.
    ``(e) Congressional Review.--(1) Before the Postal Service can take 
action with respect to the implementation of a decision to issue a 
semipostal, the Postal Service shall submit to each House of the 
Congress a report containing--
            ``(A) a copy of the decision;
            ``(B) a concise explanation of the basis for the decision; 
        and
            ``(C) the proposed effective date of the semipostal.
    ``(2) Upon receipt of a report submitted under paragraph (1), each 
House shall provide copies of the report to the chairman and ranking 
member of the Governmental Affairs Committee in the Senate and the 
Government Reform Committee in the House.
    ``(3) The decision of the Postal Service with respect to the 
implementation of a decision to issue a semipostal shall take effect on 
the latest of--
            ``(A) the date occurring 60 days after the date on which 
        the Congress receives the report submitted under paragraph (1);
            ``(B) if the Congress passes a joint resolution of 
        disapproval described in paragraph 7, and the President signs a 
        veto of such resolution, the earlier date--
                    ``(i) on which either House of Congress votes and 
                fails to override the veto of the President; or
                    ``(ii) occurring 30 session days after the date on 
                which the Congress received the veto and objections of 
                the President; or
            ``(C) the date the decision would have otherwise been 
        implemented, if not for this section (unless a joint resolution 
        of disapproval under paragraph 7 is enacted).
    ``(4) Notwithstanding paragraph (3), the decision of the Postal 
Service with respect to the implementation of a decision to issue a 
semipostal shall not be delayed by operation of this subsection beyond 
the date on which either House of Congress votes to reject a joint 
resolution of disapproval under paragraph 7.
    ``(5) The Postal Service shall not implement a decision to issue a 
semipostal if the Congress enacts a joint resolution of disapproval, 
described under paragraph 7.
    ``(6)(A) In addition to the opportunity for review otherwise 
provided under this chapter, in the case of any decision for which a 
report was submitted in accordance with paragraph (1) during the period 
beginning on the date occurring 30 days before the date the Congress 
adjourns a session of Congress through the date on which the same or 
succeeding Congress first convenes its next session, this section shall 
apply to such rule in the succeeding session of Congress.
    ``(B) In applying this section for purposes of such additional 
review, a decision described under paragraph (1) shall be treated as 
though--
            ``(i) the decision were made on--
                    ``(I) in the case of the Senate, the fifth session 
                day, or
                    ``(II) in the case of the House of Representatives, 
                the fifth legislative day,
        ``after the succeeding session of Congress first convenes; and
            ``(ii) a report on such role were submitted to Congress 
        under paragraph (1) on such date.
    ``(7) For purposes of this section, the term `joint resolution' 
means only a joint resolution introduced in the period beginning on the 
date on which the report referred to in paragraph (1) is received by 
Congress and ending 60 days thereafter (excluding days either House of 
Congress is adjourned for more than 3 days during a session of 
Congress), the matter after the resolving clause of which is as 
follows: `That Congress disapproves the decision of the Postal Service 
submitted on ________ relating to the issuance of ________ semipostal, 
and the Postal Service shall take no action to implement such 
decision.' (The blank spaces being appropriately filled in.).
    ``(8)(A) A joint resolution described in paragraph (7) shall be 
referred to the committees in each House of Congress with jurisdiction.
    ``(B) For purposes of this subsection, the term `submission date' 
means the date on which the Congress receives the report submitted 
under paragraph (1).
    ``(9) In the Senate, if the committee to which is referred a joint 
resolution described in paragraph (7) has not reported such joint 
resolution (or an identical joint resolution) at the end of 20 calendar 
days after the submission date defined under paragraph (8)(B), such 
committee may be discharged from further consideration of such joint 
resolution upon a petition supported in writing by 30 Members of the 
Senate, and such joint resolution shall be placed on the calendar.
    ``(10)(A) In the Senate, when the committee to which a joint 
resolution is referred has reported, or when a committee is discharged 
(under paragraph (9)) from further consideration of a joint resolution 
described in paragraph (7), it is at any time thereafter in order (even 
though a previous motion to the same effect has been disagreed to) for 
a motion to proceed to the consideration of the joint resolution, and 
all points of order against the joint resolution (and against 
consideration of the joint resolution) are waived. The motion is not 
subject to amendment, or to a motion to postpone, or to a motion to 
proceed to the consideration of other business. A motion to reconsider 
the vote by which the motion is agreed to or disagreed to shall not be 
in order. If a motion to proceed to the consideration of the joint 
resolution is agreed to, the joint resolution shall remain the 
unfinished business of the Senate until disposed of.
    ``(B) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. A motion further to 
limit debate is in order and not debatable. An amendment to, or a 
motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the joint resolution is not in 
order.
    ``(C) In the Senate, immediately following the conclusion of the 
debate on a joint resolution described in paragraph (7), and a single 
quorum call at the conclusion of the debate if requested in accordance 
with the rules of the Senate, the vote on final passage of the joint 
resolution shall occur.
    ``(D) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure relating to a 
joint resolution described in paragraph (7) shall be decided without 
debate.
    ``(11) In the Senate the procedure specified in paragraph (9) or 
(10) shall not apply to the consideration of a joint resolution 
respecting a Postal Service decision to implement a decision to issue a 
semipostal--
            ``(A) after the expiration of the 60 session days beginning 
        with the applicable submission date, or
            ``(B) if the report under paragraph (1) was submitted 
        during the period referred to in paragraph (6), after the 
        expiration of the 60 session days beginning on the fifth 
        session day after the succeeding session of Congress first 
        convenes.
    ``(12) If, before the passage by one House of a joint resolution of 
that House described in paragraph (7), that House receives from the 
other House a joint resolution described in paragraph (7), then the 
following procedures shall apply:
            ``(A) The joint resolution of the other House shall not be 
        referred to a committee.
            ``(B) With respect to a joint resolution described in 
        paragraph (7) of the House receiving the joint resolution--
                    ``(i) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    ``(ii) the vote on final passage shall be on the 
                joint resolution of the other House.
    ``(13) This section is enacted by Congress--
            ``(A) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a joint resolution described in 
        paragraph (7), and it supersedes other rules only to the extent 
        that it is inconsistent with such rules; and
            ``(B) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    ``(f) Regulations.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of the Semipostal Act of 2000, the Postal Service 
        shall promulgate regulations to carry out this section, 
        including provisions relating to--
                    ``(A) which office or other body within the Postal 
                Service will be responsible for making the decisions 
                described in subsection (d)(2);
                    ``(B) what criteria and procedures will be applied 
                in making those decisions;
                    ``(C) any limitations relating to the issuance of 
                semipostals, such as whether more than 1 semipostal may 
                be offered for sale at any given time; and
                    ``(D) how the price of a semipostal will be 
                established.
            ``(2) Notice and comment.--Before any regulation is 
        promulgated under this section, a copy of the proposed 
        regulation shall be published in the Federal Register and an 
        opportunity provided to interested parties to present written 
        comment and, where practicable, oral comment.
            ``(3) Issuance.--The Postal Service shall not issue a 
        semipostal until at least 30 days after the final regulations 
        promulgated under paragraph (1) take effect.
    ``(g) 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.--
                    ``(A) In general.--If any semipostal ceases to be 
                offered during the period covered by a report, the 
                information contained in such report shall also 
                include--
                            ``(i) the dates on which the sale of such 
                        semipostal commenced and terminated; and
                            ``(ii) the total amount that became 
                        available from the sale of such semipostal and 
                        any agency to which such amount was made 
                        available.
                    ``(B) Semipostals that cease to be offered.--For 
                each year before the year in which a semipostal ceases 
                to be offered, any report under this subsection shall 
                include, for that semipostal and for the year covered 
                by that report, the information described under clauses 
                (i) and (ii).
    ``(h) No Individual Right Created.--This section is not intended to 
and does not create any right or benefit, substantive or procedural, 
enforceable at law by any party against the Postal Service, its 
Governors, officers or employees, the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
    ``(i) Inapplicability to Breast Cancer Research Special Stamps.--
This section shall not apply to special postage stamps issued under 
section 414.
    ``(j) 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.''.
    (c) Reports by Agencies.--
            (1) In general.--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.
            (2) Contents.--Each report under this subsection shall 
        include--
                    (A) the total amount of funding received by such 
                agency under section 416 of such title during the year 
                to which the report pertains;
                    (B) an accounting of how any funds received by such 
                agency under section 416 of such title were allocated 
                or otherwise used by such agency in such year; and
                    (C) a description of the effectiveness in 
                addressing the applicable issue of national importance 
                that occurred as a result of the funding.
    (d) Reports by the General Accounting Office.--
            (1) Initial report.--Not later than 4 months after 
        semipostal stamps are first made available to the public under 
        section 416 of title 39, United States Code (as amended by this 
        section), the General Accounting Office shall submit to the 
        President and each house of Congress an initial report on the 
        operation of the program established under such section.
            (2) Interim reports.--Not later than the third year, and 
        again not later than the sixth year, after semipostal stamps 
        are first made available to the public under section 416 of 
        title 39, United States Code (as amended by this section), 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 such section.
            (3) Final report.--Not later than 6 months before the date 
        of termination of the effectiveness of section 416 of title 39, 
        United States Code (as amended by this section), the General 
        Accounting Office shall submit to the President and each house 
        of Congress a final report on the operation of the program 
        established under such section. The final report shall contain 
        a detailed statement of the findings and conclusions of the 
        General Accounting Office, and any recommendation the General 
        Accounting Office considers appropriate.
    (e) Conforming Amendment.--Section 2 of the Semipostal 
Authorization Act is amended by striking subsections (b), (c), and (e).
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act and the program under section 416 of title 39, 
United States Code (as amended by this section) shall be established 
not later 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.

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