39 U.S.C. § 416 — Authority to issue semipostals

Page 29 TITLE 39—POSTAL SERVICE § 416 Pub. L. 105–41, § 2(b), Aug. 13, 1997, 111 Stat. 1120, pro- vided that: ‘‘No later than 3 months (but no earlier than 6 months) before the end of the 2-year period re- ferred to in section 414(g) of title 39, United States Code (as amended by subsection (a)), the Comptroller Gen- eral of the United States shall submit to the Congress a report on the operation of such section. Such report shall include— ‘‘(1) an evaluation of the effectiveness and the ap- propriateness of the authority provided by such sec- tion as a means of fund-raising; and ‘‘(2) a description of the monetary and other re- sources required of the Postal Service in carrying out such section.’’ § 415. Prohibition on restriction or elimination of services The Postal Service may not restrict, elimi- nate, or adversely affect any service provided by the Postal Service as a result of the payment of any penalty imposed under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (Added Pub. L. 105–241, § 4(a), Sept. 28, 1998, 112 Stat. 1573.) Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in text, is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables. § 416. Authority to issue semipostals (a) DEFINITIONS.—For purposes of this sec- tion— (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 ad- vance such causes as the Postal Service con- siders 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 chap- ter 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 sec- tion shall be voluntary on the part of postal pa- trons. The special rate of postage of an indi- vidual 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 appro- priate agency or agencies under such arrange- ments as the Postal Service shall by mutual agreement with each such agency establish. (2) IDENTIFICATION OF APPROPRIATE CAUSES AND AGENCIES.—Decisions concerning the iden- tification 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 ad- dress how the costs incurred by the Postal Service in carrying out this section shall be computed, recovered, and kept to a min- imum. (4) OTHER FUNDING NOT TO BE AFFECTED.— Amounts which have or may become available from the sale of a semipostal under this sec- tion shall not be taken into account in any de- cision 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 sub- section (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, re- lating 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 regula- tion 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 writ- ten 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.— Page 30 TITLE 39—POSTAL SERVICE § 416 (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 pe- riod 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 avail- able 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 re- spect 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 be- ginning on the date on which semipostals are first made available to the public under this sec- tion. (Added Pub. L. 106–253, § 2(a), July 28, 2000, 114 Stat. 634; amended Pub. L. 107–67, title VI, § 652(c)(1), Nov. 12, 2001, 115 Stat. 557; Pub. L. 107–117, div. B, § 1201, Jan. 10, 2002, 115 Stat. 2335.) Editorial Notes 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 post- age of an individual stamp under this section shall be an amount that is evenly divisible by 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–253, § 2(d), formerly § 2(e), July 28, 2000, 114 Stat. 636, as renumbered § 2(d) by Pub. L. 112–234, § 2(e)(2), Dec. 28, 2012, 126 Stat. 1625, 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].’’ MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP Pub. L. 111–241, Sept. 30, 2010, 124 Stat. 2605, as amend- ed by Pub. L. 113–165, § 2, Sept. 19, 2014, 128 Stat. 1878; Pub. L. 117–127, § 2(a), May 16, 2022, 136 Stat. 1209, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Multinational Species Conservation Funds Semipostal Stamp Act of 2010’. ‘‘SEC. 2. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP. ‘‘(a) IN GENERAL.—In order to afford a convenient way for members of the public to contribute to funding for the operations supported by the Multinational Species Conservation Funds, the United States Postal Service shall issue a semipostal stamp (hereinafter in this Act referred to as the ‘Multinational Species Conservation Funds Semipostal Stamp’) in accordance with suc- ceeding provisions of this section. ‘‘(b) COST AND USE.— ‘‘(1) IN GENERAL.—The Multinational Species Con- servation Funds Semipostal Stamp shall be offered at a cost equal to the cost of mailing a letter weighing 1 ounce or less at the nonautomation single-piece first-ounce letter rate, in effect at the time of pur- chase, plus a differential of not less than 15 percent. ‘‘(2) VOLUNTARY USE.—The use of any semipostal issued under this section shall be voluntary on the part of postal patrons. ‘‘(3) SPECIAL RATE.—The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5. ‘‘(c) OTHER TERMS AND CONDITIONS.—The issuance and sale of the Multinational Species Conservation Funds Semipostal Stamp shall be governed by the provisions of section 416 of title 39, United States Code, and regu- lations issued under such section, subject to subsection (b) and the following: ‘‘(1) DISPOSITION OF PROCEEDS.— ‘‘(A) IN GENERAL.—All amounts becoming avail- able from the sale of the Multinational Species Conservation Funds Semipostal Stamp (as deter- mined under section 416(d) of such title 39) shall be transferred to the United States Fish and Wildlife Service, for the purpose described in subsection (a), through payments which shall be made at least twice a year, with the proceeds to be divided equal- ly among the African Elephant Conservation Fund, the Asian Elephant Conservation Fund, the Great Ape Conservation Fund, the Marine Turtle Con- servation Fund, the Rhinoceros and Tiger Con- servation Fund, and other international wildlife conservation funds authorized by the Congress after the date of the enactment of this Act [Sept. 30, 2010] and administered by the Service as part of the Mul- tinational Species Conservation Fund. ‘‘(B) PROCEEDS NOT TO BE OFFSET.—In accordance with section 416(d)(4) of such title 39, amounts be- coming available from the sale of the Multinational Species Conservation Funds Semipostal Stamp (as so determined) shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished in any year to— ‘‘(i) the United States Fish and Wildlife Service; or ‘‘(ii) any of the funds identified in subparagraph (A). ‘‘(2) DURATION.—The Multinational Species Con- servation Funds Semipostal Stamp shall be made available to the public for a period beginning no later than 12 months after the date of the enactment of this Act [Sept. 30, 2010] and ending not earlier than the date on which the United States Postal Service provides notice to Congress under paragraph (5). ‘‘(3) LIMITATION.—The Multinational Species Con- servation Funds Semipostal Stamp shall not be sub- ject to, or taken into account for purposes of apply- ing, any limitation under section 416(e)(1)(C) of such title 39. ‘‘(4) RESTRICTION ON USE OF FUNDS.—Amounts trans- ferred under paragraph (1) shall not be used to fund or support the Wildlife Without Borders Program or to supplement funds made available for the Neotropical Migratory Bird Conservation Fund. ‘‘(5) REQUIREMENT TO SELL ALL STAMPS PRINTED.— ‘‘(A) IN GENERAL.—The United States Postal Serv- ice shall sell each copy of the Multinational Species Conservation Fund Semipostal Stamp that the United States Postal Service prints under this Act. ‘‘(B) NOTIFICATION OF CONGRESS.—The United States Postal Service shall notify the Committee on Homeland Security and Governmental Affairs in the Senate, the Committee on Environment and Public Works of the Senate, the Committee on Oversight and Reform [now Committee on Over- sight and Accountability] of the House of Rep- Page 31 TITLE 39—POSTAL SERVICE § 416 resentatives, and the Committee on Natural Re- sources of the House of Representatives when all copies of the Multinational Species Conservation Fund Semipostal Stamp printed under this Act have been sold. ‘‘(d) DEFINITION.—For purposes of this Act, the term ‘semipostal stamp’ refers to a stamp described in sec- tion 416(a)(1) of title 39, United States Code.’’ [Pub. L. 117–127, § 2(b), May 16, 2022, 136 Stat. 1209, pro- vided that: ‘‘The amendments made by subsection (a) [amending section 2(c) of Pub. L. 111–241, set out above] shall take effect as if enacted on the day after the date of enactment of the Multinational Species Conserva- tion Funds Semipostal Stamp Reauthorization Act of 2013 (Public Law 113–165; 128 Stat. 1878) [Sept. 19, 2014].’’] THE 9/11 HEROES STAMP Pub. L. 107–67, title VI, § 652, Nov. 12, 2001, 115 Stat. 557, as amended by Pub. L. 107–117, div. B, § 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 di- rect and tangible way to provide assistance to the fami- lies of emergency relief personnel killed or perma- nently disabled in the line of duty in connection with the terrorist attacks against the United States on Sep- tember 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 de- scribed 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 Manage- ment 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 pre- scribed 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 cler- gy, and other individuals (including employees of le- gally organized and recognized volunteer organiza- tions, 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 all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] [For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization 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, § 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 di- rect and tangible way to contribute to funding for do- mestic 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 pre- scribed 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, § 2(b), July 28, 2000, 114 Stat. 636, pro- vided 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 re- port 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 ac- complishments 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 GOVERNMENT ACCOUNTABILITY OFFICE Pub. L. 106–253, § 2(c), July 28, 2000, 114 Stat. 636, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, which required the GAO to submit both interim and final reports to the President and each House of Page 32 TITLE 39—POSTAL SERVICE § 501 Congress on operations of the program established under this section, with the final report to include a de- tailed statement of the findings and conclusions of the GAO and any appropriate recommendations, was re- pealed by Pub. L. 112–234, § 2(e)(1), Dec. 28, 2012, 126 Stat. 1624. CHAPTER 5—POSTAL REGULATORY COMMISSION Sec. 501. Establishment. 502. Commissioners. 503. Rules; regulations; procedures. 504. Administration. 505. Officer of the Postal Regulatory Commission representing the general public. § 501. Establishment The Postal Regulatory Commission is an inde- pendent establishment of the executive branch of the Government of the United States. (Added Pub. L. 109–435, title VI, § 601(a)(1), Dec. 20, 2006, 120 Stat. 3238.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–435, title VI, § 601(b), Dec. 20, 2006, 120 Stat. 3239, provided that: ‘‘The amendment made by sub- section (a)(1) [enacting this section and section 502 of this title] shall not affect the appointment or tenure of any person serving as a Commissioner on the Postal Regulatory Commission (as so redesignated by section 604 [see Tables for classification]) under an appoint- ment made before the date of enactment of this Act [Dec. 20, 2006] or any nomination made before that date, but, when any such office becomes vacant, the appoint- ment of any person to fill that office shall be made in accordance with such amendment.’’ FLATS OPERATIONS STUDY AND REFORM Pub. L. 117–108, title II, § 206, Apr. 6, 2022, 136 Stat. 1148, provided that: ‘‘(a) FLATS OPERATIONS STUDY.— ‘‘(1) IN GENERAL.—The Postal Regulatory Commis- sion, in consultation with the Inspector General of the United States Postal Service, shall conduct a study to— ‘‘(A) comprehensively identify the causes of inef- ficiencies in the collection, sorting, transportation, and delivery of Flats; and ‘‘(B) quantify the effects of the volume trends, in- vestments decisions, excess capacity, and oper- ational inefficiencies of the Postal Service on the direct and indirect costs of the Postal Service that are attributable to Flats. ‘‘(2) POSTAL SERVICE ASSISTANCE.—For the purposes of carrying out the study under paragraph (1), the Postal Service shall, upon request by the Postal Reg- ulatory Commission, consult with the Postal Regu- latory Commission and provide— ‘‘(A) access to Postal Service facilities to per- sonnel of the Postal Regulatory Commission; and ‘‘(B) information and records necessary to con- duct such study. ‘‘(3) REPORT.—Not later than one year after the date of the enactment of this Act [Apr. 6, 2022], the Postal Regulatory Commission shall submit to Con- gress and the Postmaster General a report on the findings of the study conducted under paragraph (1). ‘‘(4) FLATS DEFINED.—In this subsection, the term ‘Flats’ means products that meet the physical stand- ards described in the Domestic Mail Manual (as in ef- fect on the date of the enactment of this Act) for Flats mail for any class of mail. ‘‘(b) FLATS OPERATIONS REFORM.— ‘‘(1) IN GENERAL.—Not later than six months after the date on which the Postal Regulatory Commission submits the report described in subsection (a)(3), the Postal Service shall— ‘‘(A) develop and implement a plan to remedy each inefficiency identified in the study conducted under subsection (a)(1) to the extent practicable; and ‘‘(B) if the Postal Service determines that rem- edying any such inefficiency is not practicable, pro- vide to Congress and the Postal Regulatory Com- mission an explanation why remedying such ineffi- ciency is not practicable, including whether it may become practicable to remedy such inefficiency at a later time. ‘‘(2) IMPLEMENTATION REQUIREMENTS.—Prior to im- plementing the plan described in paragraph (1)— ‘‘(A) the Postal Regulatory Commission must ap- prove the plan; and ‘‘(B) the Postal Service shall provide an adequate opportunity for public comment on the plan. ‘‘(3) COMPLETION NOTICE.—On the date on which the plan described in paragraph (1) is fully implemented, as determined by the Postmaster General, the Post- master General shall submit to Congress and the Postal Regulatory Commission a written notice of such implementation. ‘‘(c) SUBSEQUENT RATE ADJUSTMENTS.—During the five-year period beginning on the date on which the Postal Regulatory Commission submits a report under subsection (a)(3), the Postal Service, when making any adjustment to the rate of a market-dominant product (as defined in section 102 of title 39, United States Code), shall consider the findings of such report and, after the plan described in subsection (b)(1) is imple- mented, the plan’s efficacy in remedying the inefficien- cies identified in the study conducted under subsection (a)(1).’’ [For definitions of ‘‘market-dominant product’’ and ‘‘Postal Service’’ as used in section 206 of Pub. L. 117–108, set out above, see section 102 of this title as made applicable by section 2(b) of Pub. L. 117–108, which is set out as a note below.] ASSESSMENTS OF RATEMAKING, CLASSIFICATION, AND OTHER PROVISIONS Pub. L. 109–435, title VII, § 701, Dec. 20, 2006, 120 Stat. 3242, provided that: ‘‘(a) IN GENERAL.—The Postal Regulatory Commis- sion shall, at least every 5 years, submit a report to the President and Congress concerning— ‘‘(1) the operation of the amendments made by this Act [see Tables for classification]; and ‘‘(2) recommendations for any legislation or other measures necessary to improve the effectiveness or efficiency of the postal laws of the United States. ‘‘(b) POSTAL SERVICE VIEWS.—A report under this sec- tion shall be submitted only after reasonable oppor- tunity has been afforded to the Postal Service to re- view the report and to submit written comments on the report. Any comments timely received from the Postal Service under the preceding sentence shall be attached to the report submitted under subsection (a).’’ REPORT ON UNIVERSAL POSTAL SERVICE AND THE POSTAL MONOPOLY Pub. L. 109–435, title VII, § 702, Dec. 20, 2006, 120 Stat. 3243, provided that: ‘‘(a) REPORT BY THE POSTAL REGULATORY COMMIS- SION.— ‘‘(1) IN GENERAL.—Not later than 24 months after the date of enactment of this Act [Dec. 20, 2006], the Postal Regulatory Commission shall submit a report to the President and Congress on universal postal service and the postal monopoly in the United States (in this section referred to as ‘universal service and the postal monopoly’), including the monopoly on the delivery of mail and on access to mailboxes. ‘‘(2) CONTENTS.—The report under this subsection shall include—