[Congressional Record Volume 146, Number 101 (Tuesday, September 5, 2000)]
[Senate]
[Pages S8028-S8030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BREAST CANCER RESEARCH STAMP REAUTHORIZATION ACT OF 2000

  On July 27, 2000, the Senate amended and passed S. 2386; as follows:

                                S. 2386

       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--

[[Page S8029]]

       ``(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

[[Page S8030]]

     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.

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