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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
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