39 U.S.C. § 414 — Special postage stamps

Page 27 TITLE 39—POSTAL SERVICE § 414 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note pre- ceding section 301 of Title 44, Public Printing and Docu- ments. EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 412. Nondisclosure of lists of names and ad- dresses (a) Except as specifically provided by sub- section (b) or other law, no officer or employee of the Postal Service shall make available to the public by any means or for any purpose any mailing or other list of names or addresses (past or present) of postal patrons or other persons. (b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address-re- lated information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be ap- propriate for any census or survey being con- ducted by the Bureau of the Census. The provi- sion of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate. (Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 727; Pub. L. 103–430, § 4, Oct. 31, 1994, 108 Stat. 4394.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–430 substituted ‘‘(a) Except as spe- cifically provided by subsection (b) or other law,’’ for ‘‘Except as specifically provided by law,’’ and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title. § 413. Postal services at diplomatic posts (a) The Postal Service and the Department of State may enter into 1 or more agreements for field testing to ascertain the feasibility of pro- viding postal services through personnel pro- vided by the Department of State at branch post offices established by the Postal Service in United States diplomatic missions at locations abroad for which branch post offices are not es- tablished under section 406. (b) To the extent that the Postal Service and the Department of State conclude it to be fea- sible and in the public interest, the Postal Serv- ice may establish branch post offices at United States diplomatic missions in locations abroad for which branch post offices are not established under section 406, and the Department of State may enter into an agreement with the Postal Service to perform postal services at such branch post offices through personnel des- ignated by the Department of State. (c) The Department of State shall reimburse the Postal Service for any amounts, determined by the Postal Service, equal to the additional costs incurred by the Postal Service, including transportation costs, incurred by the Postal Service in the performance of its obligations under any agreement entered into under this section. (d) Each agreement entered into under this section shall include— (1) provisions under which the Department of State shall make any reimbursements re- quired under subsection (c); (2) provisions authorizing the Postal Service to terminate the agreement, and the services provided thereunder, in the event that the De- partment of State does not comply with the provisions under paragraph (1); and (3) any other provisions which may be nec- essary, including provisions relating to the closing of a post office under this section if necessary because a post office under section 406 is established in the same location. (Added Pub. L. 101–524, § 5(a), Nov. 6, 1990, 104 Stat. 2303.) § 414. Special postage stamps (a) In order to afford the public a convenient way to contribute to funding for breast cancer research, the Postal Service shall establish a special rate of postage for first-class mail under this section. (b) The rate of postage established under this section— (1) shall be equal to the regular first-class rate of postage, plus a differential of not less than 15 percent; (2) shall be set by the Governors in accord- ance with such procedures as the Governors shall by regulation prescribe (in lieu of the procedures under chapter 36); and (3) shall be offered as an alternative to the regular first-class rate of postage. The use of the special rate of postage estab- lished under this section shall be voluntary on the part of postal patrons. The special rate of postage of an individual stamp under this sec- tion shall be an amount that is evenly divisible by 5. (c)(1) Of the amounts becoming available for breast cancer research pursuant to this section, the Postal Service shall pay— (A) 70 percent to the National Institutes of Health; and (B) the remainder to the Department of De- fense. Payments under this paragraph to an agency shall be made 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, except that, under those arrangements, payments to such agency shall be made at least twice a year. An agency that receives amounts from the Postal Service under this paragraph shall use the amounts for breast cancer research. Page 28 TITLE 39—POSTAL SERVICE § 414 (2) For purposes of this section, the term ‘‘amounts becoming available for breast cancer research pursuant to this section’’ means— (A) the total amounts received by the Postal Service that it would not have received but for the enactment of this section, reduced by (B) an amount sufficient to cover reasonable costs incurred by the Postal Service in car- rying out this section, including those attrib- utable to the printing, sale, and distribution of stamps under this section, as determined by the Postal Service under regu- lations that it shall prescribe. (d) It is the sense of the Congress that nothing in this section should— (1) directly or indirectly cause a net de- crease in total funds received by the National Institutes of Health, the Department of De- fense, or any other agency of the Government (or any component or program thereof) below the level that would otherwise have been re- ceived but for the enactment of this section; or (2) affect regular first-class rates of postage or any other regular rates of postage. (e) Special postage stamps under this section shall be made available to the public beginning on such date as the Postal Service shall by regu- lation prescribe, but in no event later than 12 months after the date of the enactment of this section. (f) The Postmaster General shall include in each report rendered under section 2402 with re- spect to any period during any portion of which this section is in effect information concerning the operation of this section, except that, at a minimum, each shall include— (1) the total amount described in subsection (c)(2)(A) which was received by the Postal Service during the period covered by such re- port; and (2) of the amount under paragraph (1), how much (in the aggregate and by category) was required for the purposes described in sub- section (c)(2)(B). (g) For purposes of section 416 (including any regulation prescribed under subsection (e)(1)(C) of that section), the special postage stamp issued under this section shall not apply to any limitation relating to whether more than 1 semipostal may be offered for sale at the same time. (h) This section shall cease to be effective after December 31, 2027. (Added Pub. L. 105–41, § 2(a), Aug. 13, 1997, 111 Stat. 1119; amended Pub. L. 106–253, § 3(a), July 28, 2000, 114 Stat. 636; Pub. L. 107–67, title VI, § 650(b)(1), (c), Nov. 12, 2001, 115 Stat. 556, 557; Pub. L. 108–199, div. F, title V, § 541, Jan. 23, 2004, 118 Stat. 346; Pub. L. 109–100, § 1, Nov. 11, 2005, 119 Stat. 2170; Pub. L. 110–150, § 1, Dec. 21, 2007, 121 Stat. 1820; Pub. L. 112–80, § 1, Dec. 23, 2011, 125 Stat. 1297; Pub. L. 114–99, §§ 2, 3, Dec. 11, 2015, 129 Stat. 2201; Pub. L. 116–92, div. A, title XVII, § 1737, Dec. 20, 2019, 133 Stat. 1820.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105–41, which was approved Aug. 13, 1997. AMENDMENTS 2019—Subsec. (h). Pub. L. 116–92 substituted ‘‘2027’’ for ‘‘2019’’. 2015—Subsec. (c)(1). Pub. L. 114–99, § 3, inserted at end of concluding provisions ‘‘An agency that receives amounts from the Postal Service under this paragraph shall use the amounts for breast cancer research.’’ Subsec. (h). Pub. L. 114–99, § 2, substituted ‘‘2019’’ for ‘‘2015’’. 2011—Subsec. (h). Pub. L. 112–80 substituted ‘‘2015’’ for ‘‘2011’’. 2007—Subsec. (h). Pub. L. 110–150 substituted ‘‘2011’’ for ‘‘2007’’. 2005—Subsec. (h). Pub. L. 109–100 substituted ‘‘2007’’ for ‘‘2005’’. 2004—Subsec. (h). Pub. L. 108–199 substituted ‘‘2005’’ for ‘‘2003’’. 2001—Subsec. (b). Pub. L. 107–67, § 650(c), 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.’’ Subsec. (g), (h). Pub. L. 107–67, § 650(b)(1), added sub- secs. (g) and (h) and struck out former subsec. (g) which read as follows: ‘‘This section shall cease to be effective after July 29, 2002, or the end of the 2-year period begin- ning on the date of the enactment of the Semipostal Authorization Act, whichever is later.’’ 2000—Subsec. (g). Pub. L. 106–253 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as fol- lows: ‘‘This section shall cease to be effective at the end of the 2-year period beginning on the date on which special postage stamps under this section are first made available to the public.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–67, title VI, § 650(b)(2), Nov. 12, 2001, 115 Stat. 557, provided that: ‘‘The amendment made by this subsection [amending this section] shall take effect on the earlier of— ‘‘(A) the date of enactment of this Act [Nov. 12, 2001]; or ‘‘(B) July 29, 2002.’’ REPORTING REQUIREMENTS Pub. L. 110–150, § 2, Dec. 21, 2007, 121 Stat. 1820, pro- vided that: ‘‘The National Institutes of Health and the Department of Defense shall each submit to Congress and the Government Accountability Office an annual report concerning the use of any amounts that it re- ceived under section 414(c) of title 39, United States Code, including a description of any significant ad- vances or accomplishments, during the year covered by the report, that were funded, in whole or in part, with such amounts.’’ REPORT BY COMPTROLLER GENERAL OF UNITED STATES Pub. L. 106–253, § 3(b), July 28, 2000, 114 Stat. 637, pro- vided that: ‘‘No later than 3 months and no earlier than 6 months before the date as of which section 414 of title 39, United States Code (as amended by this section) is scheduled to expire, the Comptroller General of the United States shall submit to the Congress a report on the operation of such section. Such report shall be in addition to the report required by section 2(b) of Public Law 105–41 [set out below], and shall address at least the same matters as were required to be included in that earlier report.’’ 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.—