HR 1262 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1262CommentsClose CommentsPermalink

To reform the United States Postal Service in order to fulfill its constitutional mandate, to improve its efficiency, to help it meet its universal service obligation, and to facilitate private sector economic growth.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

March 30, 2011CommentsClose CommentsPermalink

Mr. CONNOLLY of Virginia (for himself, Ms. NORTON, Mr. DEUTCH, and Mr. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reform the United States Postal Service in order to fulfill its constitutional mandate, to improve its efficiency, to help it meet its universal service obligation, and to facilitate private sector economic growth.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Reform the Postal Service for the 21st Century Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Assistance to facilitate voting by mail.CommentsClose CommentsPermalink





Sec. 4. Provisions relating to the postal delivery vehicle fleet.CommentsClose CommentsPermalink





Sec. 5. Forever box.CommentsClose CommentsPermalink





Sec. 6. Nonpostal products and services.CommentsClose CommentsPermalink





Sec. 7. Study relating to consolidated mailings.CommentsClose CommentsPermalink





Sec. 8. Study relating to the cost of Government mailings.CommentsClose CommentsPermalink





Sec. 9. Packaging of postal services and products.CommentsClose CommentsPermalink





Sec. 10. After-delivery payment arrangements.CommentsClose CommentsPermalink





Sec. 11. Small business mailing pools.CommentsClose CommentsPermalink





Sec. 12. Electronic post office box services.CommentsClose CommentsPermalink





Sec. 13. Contracting provisions.CommentsClose CommentsPermalink





Sec. 14. Supervisory and other managerial organizations of the Postal Service.CommentsClose CommentsPermalink





Sec. 15. Energy efficiency projects.CommentsClose CommentsPermalink





Sec. 16. Required period for notice and comment with respect to changes in mailing rules.CommentsClose CommentsPermalink





Sec. 17. Negotiated service agreements for market-dominant products.CommentsClose CommentsPermalink





Sec. 18. Electronic communication products.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

For purposes of this Act--CommentsClose CommentsPermalink





(1) the term ‘Postal Service’ means the United States Postal Service;CommentsClose CommentsPermalink





(2) the term ‘market-dominant product’ has the meaning given such term by section 102 of title 39, United States Code;CommentsClose CommentsPermalink





(3) the term ‘Postal fleet’ means that portion of the Federal fleet (within the meaning of section 303(b) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)) which is owned, operated, leased, or otherwise controlled by or assigned to the Postal Service and used primarily in the delivery of mail;CommentsClose CommentsPermalink





(4) the term ‘motor vehicle’ means any self-propelled vehicle designed for transporting persons or property on a street or highway;CommentsClose CommentsPermalink





(5) the term ‘electric motor vehicle’ means a motor vehicle powered solely by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays, or other sources of electric current;CommentsClose CommentsPermalink





(6) the term ‘small business concern’ means a small business as defined pursuant to section 3 of the Small Business Act (15 U.S.C. 632) and relevant regulations promulgated pursuant thereto;CommentsClose CommentsPermalink





(7) the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; andCommentsClose CommentsPermalink





(8) the term ‘United States’, as used in a geographical sense, includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.CommentsClose CommentsPermalink

SEC. 3. ASSISTANCE TO FACILITATE VOTING BY MAIL.

It is the sense of Congress that the Postal Service should consider a simplified rate structure for election ballots sent by voters by mail as part of its review of potential new election mail products.CommentsClose CommentsPermalink

SEC. 4. PROVISIONS RELATING TO THE POSTAL DELIVERY VEHICLE FLEET.

(a) Electric Vehicles- The Postal Service shall implement a plan, which it shall present in advance to Congress, to replace or convert 2,000 gasoline-powered delivery vehicles with electric vehicles by January 1, 2017.CommentsClose CommentsPermalink





(b) Conversion to Electric Motor Vehicles-CommentsClose CommentsPermalink





(1) IN GENERAL- It is the sense of Congress that the Postal Service should--CommentsClose CommentsPermalink





(A) during each year in the 10-year period beginning on the date of enactment of this Act, replace at least 10 percent of the gasoline-powered motor vehicles in the Postal fleet with electric motor vehicles;CommentsClose CommentsPermalink





(B) take such measures as may be necessary to ensure that, by the end of the 10-year period described in subparagraph (A), at least 75 percent of the Postal fleet is comprised of electric motor vehicles; andCommentsClose CommentsPermalink





(C) carry out the preceding provisions of this paragraph, in coordination with local electric distribution companies, in a manner consistent with the goals of--CommentsClose CommentsPermalink





(i) maintaining electric grid reliability; andCommentsClose CommentsPermalink





(ii) minimizing charging costs of electric motor vehicles in the Postal fleet.CommentsClose CommentsPermalink





(2) BUY AMERICAN- Notwithstanding any other provision of law, electric motor vehicles acquired to carry out this subsection shall be electric motor vehicles manufactured in the United States. The Postal Service shall ensure that manufacturers of electric motor vehicles so acquired solicit competitive bids for electric drive components and storage devices from domestic manufacturers that participate in the Department of Energy’s Electric Drive Vehicle Battery and Component Manufacturing Initiative (or successor program, as determined by the Postal Service in consultation with the Secretary of Energy).CommentsClose CommentsPermalink





(3) BORROWING AUTHORITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Postal Service may borrow money and issue and sell such obligations as it determines necessary to carry out this subsection.CommentsClose CommentsPermalink





(B) TERMS AND CONDITIONS- The authority under subparagraph (A) shall be available to the Postal Service, subject to the provisions of sections 2005 through 2007 of title 39, United States Code, to the same extent and in the same manner as if it were the corresponding authority described in the first sentence of subsection (a)(1) of such section 2005, except that--CommentsClose CommentsPermalink





(i) the amount of obligations outstanding under this paragraph shall not be taken into account nor subject to--CommentsClose CommentsPermalink





(I) the last sentence of subsection (a)(1) of such section 2005;CommentsClose CommentsPermalink





(II) subsection (a)(2) of such section 2005, except as provided in clause (iv); orCommentsClose CommentsPermalink





(III) the dollar-amount limitation set forth in section 2006(b) of such title;CommentsClose CommentsPermalink





(ii) obligations issued by the Postal Service under this paragraph shall mature within a period not to exceed 10 years from the date of issuance;CommentsClose CommentsPermalink





(iii)(I) if the Secretary of the Treasury makes an election under section 2006(a) to purchase such obligations, the rate of interest on such obligations shall be zero; andCommentsClose CommentsPermalink





(II) if those obligations are issued and sold under the last sentence of section 2006(a) to a party or parties other than the Secretary of the Treasury, any interest on such obligations shall be payable by the Government of the United States and not by the Postal Service;CommentsClose CommentsPermalink





(iv) if the Postal Service does not repay the principal of any obligations under this paragraph (whether sold in the manner described in clause (iii)(I) or issued in the manner described in clause (iii)(II)) in timely fashion--CommentsClose CommentsPermalink





(I) the unpaid portion of such principal shall, after the deadline for repayment, be taken into account for purposes of section 2005(a)(2) of such title 39; andCommentsClose CommentsPermalink





(II) if the application of subclause (I) causes the aggregate amount of obligations, issued by the Postal Service, which are outstanding at any one time to exceed the maximum amount allowable under such section 2005(a)(2), the further exercise of any borrowing authority under this paragraph shall be suspended until such aggregate amount is reduced to a level that does not exceed that maximum amount allowable; andCommentsClose CommentsPermalink





(v) the aggregate amount of obligations outstanding under this paragraph at any one time shall not exceed $6,000,000,000.CommentsClose CommentsPermalink





(c) Authority To Use Fleet Vehicles for Certain Purposes Besides Mail Delivery-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 404(a) of title 39, United States Code, is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6) to provide services, other than postal services (as defined in section 102(5)) and in a manner that generates revenue for the Postal Service, if the Postal Service determines that the provision of that service would utilize the processing, transportation, delivery, retail network, or technology of the Postal Service in a manner that is consistent with the public interest;’.CommentsClose CommentsPermalink





(2) REPORTING REQUIREMENT- Not later than 2 years after the date of enactment of this Act, the Postal Service shall submit to Congress a written report on the operation of the amendment made by paragraph (1). Such report shall specifically include a description of any agreements or other arrangements entered into by the Postal Service for the purpose of allowing vehicles in the Postal fleet to be used for purposes relating to monitoring weather conditions (including air pollution) or road conditions. Such report shall--CommentsClose CommentsPermalink





(A) to the extent that it relates to monitoring weather conditions, be prepared in consultation with the National Weather Service;CommentsClose CommentsPermalink





(B) to the extent that it relates to monitoring air pollution, be prepared in consultation with the Environmental Protection Agency; andCommentsClose CommentsPermalink





(C) to the extent that it relates to monitoring road conditions, be prepared in consultation with the Department of Transportation.CommentsClose CommentsPermalink

SEC. 5. FOREVER BOX.

It is the sense of Congress that the Postal Service should consider creating a ‘Forever Box’ for customers to mail parcels of a certain size, analogous to the ‘Forever Stamp’.CommentsClose CommentsPermalink

SEC. 6. NONPOSTAL PRODUCTS AND SERVICES.

(a) Co-Location of Post Offices at Retail Facilities-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Postal Service shall submit a plan on the co-location of post offices at retail facilities to--CommentsClose CommentsPermalink





(A) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(2) CONTENTS- The plan under paragraph (1) shall--CommentsClose CommentsPermalink





(A) be developed in consultation with the Postal Regulatory Commission;CommentsClose CommentsPermalink





(B) provide for an increase in the co-location of post offices at retail facilities to enable the United States Postal Service to offer its products and services at those locations;CommentsClose CommentsPermalink





(C) consider the impact of any co-location decisions on small communities and rural areas before taking actions to co-locate post offices; andCommentsClose CommentsPermalink





(D) ensure that--CommentsClose CommentsPermalink





(i) service shall continue in small communities and rural areas after implementation of the plan;CommentsClose CommentsPermalink





(ii) the United States Postal Service solicits community input before making decisions about co-location;CommentsClose CommentsPermalink





(iii) the quality of products and services offered in co-located facilities are consistent with those offered in post offices;CommentsClose CommentsPermalink





(iv) products and services provided in co-located facilities will be provided through the employment of employees of the Postal Service, to the same extent as if such products and services had not been relocated from a post office; andCommentsClose CommentsPermalink





(v) co-location shall be permitted only to the extent that the Postal Service determines (and the Postal Regulatory Commission concurs) that net revenues will increase with respect to the operations of the post office or post offices so co-located.CommentsClose CommentsPermalink





(3) REPORTING REQUIREMENT- The Postal Service shall submit a report, once every 2 years, on the progress of implementing the plan on the co-location of post offices at retail facilities under this subsection to--CommentsClose CommentsPermalink





(A) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(b) Specific Powers- Section 404(a) of title 39, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6) to provide services other than postal services, but only after determining that the provision of those other services would use the processing, transportation, delivery, retail network, and technology of the Postal Service (whichever apply) in a manner that is consistent with the public interest;’.CommentsClose CommentsPermalink





(c) Wine and Beer Shipping-CommentsClose CommentsPermalink





(1) AMENDMENTS TO TITLE 18, UNITED STATES CODE-CommentsClose CommentsPermalink





(A) NONMAILABLE ARTICLES- Section 1716(f) of title 18, United States Code, is amended by striking ‘mails’ and inserting ‘mails, except to the extent that the mailing is allowable under section 3001(p) of title 39’.CommentsClose CommentsPermalink





(B) INTOXICANTS- Section 1154(a) of title 18, United States Code, is amended by inserting ‘or, with respect to the mailing of wine or malt beverages, to the extent allowed under section 3001(p) of title 39’ after ‘mechanical purposes’.CommentsClose CommentsPermalink





(2) AMENDMENT TO TITLE 39, UNITED STATES CODE- Section 3001 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(p)(1) Wine or malt beverages shall be considered mailable if mailed by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2).CommentsClose CommentsPermalink





‘(2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that--CommentsClose CommentsPermalink





‘(A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility;CommentsClose CommentsPermalink





‘(B) the addressee shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery;CommentsClose CommentsPermalink





‘(C) the wine or malt beverages may not be for resale or other commercial purpose; andCommentsClose CommentsPermalink





‘(D) the winery or brewery involved shall--CommentsClose CommentsPermalink





‘(i) certify in writing to the satisfaction of the Postal Service that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; andCommentsClose CommentsPermalink





‘(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes.CommentsClose CommentsPermalink





‘(3) For purposes of this subsection, a winery or brewery shall be considered to be licensed if it holds an appropriate basic permit issued under the Federal Alcohol Administration Act.’.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE- The amendments made by this subsection shall take effect 180 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 7. STUDY RELATING TO CONSOLIDATED MAILINGS.

(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink





(1) the term ‘transpromotional mailing’ refers to the use of a single mailing to provide, in addition to information provided by the mailing source, other information of potential interest to the recipient from a different source; andCommentsClose CommentsPermalink





(2) the term ‘consolidated mailing’ refers to a combined mailing, contained in a single envelope or cover, comprised of mail matter from more than one Federal agency.CommentsClose CommentsPermalink





(b) Study- The Postal Service shall conduct a study and submit to Congress, within 2 years after the date of enactment of this Act, a report on ways to promote the use of transpromotional or consolidated mailings. Included as part of such report shall be--CommentsClose CommentsPermalink





(1) findings regarding the effect that the greater use of transpromotional or consolidated mailings is likely to have in terms of--CommentsClose CommentsPermalink





(A) expanded mail volume;CommentsClose CommentsPermalink





(B) efficiencies in the dissemination of information by Federal agencies; andCommentsClose CommentsPermalink





(C) other relevant measures; andCommentsClose CommentsPermalink





(2) recommendations for such legislation or other actions as the Postal Service considers necessary to achieve the optimal levels of transpromotional or consolidated mailings.CommentsClose CommentsPermalink

SEC. 8. STUDY RELATING TO THE COST OF GOVERNMENT MAILINGS.

(a) In General- Within 1 year after the date of enactment of this Act, there shall be submitted to Congress the results of a study relating to the mailing costs, attributable to each agency or other entity in the executive branch of the Government, of sending mail by using the Postal Service, as compared to the services of a carrier other than the Postal Service. The report shall include, for the Postal Service and each of the other respective carriers--CommentsClose CommentsPermalink





(1) an estimate of the per-mile mailing costs for each class of mail; andCommentsClose CommentsPermalink





(2) such other information as may be necessary to allow meaningful comparisons to be made.CommentsClose CommentsPermalink





(b) Regulations- The requirements of this section shall be carried out in such manner as the President may require.CommentsClose CommentsPermalink

SEC. 9. PACKAGING OF POSTAL SERVICES AND PRODUCTS.

It is the sense of Congress that the Postal Service should consider--CommentsClose CommentsPermalink





(1) establishing packages of postal services and products; andCommentsClose CommentsPermalink





(2) marketing those packages to small businesses and other potential users.CommentsClose CommentsPermalink

SEC. 10. AFTER-DELIVERY PAYMENT ARRANGEMENTS.

Nothing in title 39, United States Code, or any other provision of law, shall prevent the Postal Service from entering into arrangements whereby the sender of a mailing may be allowed to defer payment of postage until after the item involved has been delivered.CommentsClose CommentsPermalink

SEC. 11. SMALL BUSINESS MAILING POOLS.

(a) In General- Nothing in title 39, United States Code, or any other provision of law, shall prevent the Postal Service from promoting, or providing technical assistance in connection with, the creation of small business and other mailing pools, the purpose of which is to allow each member of such pool to take advantage of postage rates applicable to bulk mailings and other discounts.CommentsClose CommentsPermalink





(b) Reporting Requirement- The Postal Service shall submit a written report to Congress, at least once every 3 years, on the operation of this section.CommentsClose CommentsPermalink

SEC. 12. ELECTRONIC POST OFFICE BOX SERVICES.

(a) In General- The Postal Service may, in partnership with a private sector provider of electronic mail services, carry out a pilot program which is designed to test the feasibility and desirability of an integrated electronic system for the receipt, storage, transport, and delivery of mail directed to physical addresses and post office boxes.CommentsClose CommentsPermalink





(b) Reporting Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Within 3 years after the date of enactment of this Act, the Postal Service shall submit to Congress a report describing the design, operation, and recommendations of the Postal Service with respect to the pilot program under this section.CommentsClose CommentsPermalink





(2) ROLE OF PRC- At least 6 months before submitting its report to Congress, the Postal Service shall transmit a copy of its report to the Postal Regulatory Commission for comments. The Postal Service shall append to the report any written comments received from the Postal Regulatory Commission under this paragraph.CommentsClose CommentsPermalink

SEC. 13. CONTRACTING PROVISIONS.

(a) In General- Part I of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Chapter 7--Contracting Provisions

‘Sec.CommentsClose CommentsPermalink





‘701. Definitions.CommentsClose CommentsPermalink





‘702. Advocate for competition.CommentsClose CommentsPermalink





‘703. Delegation of contracting authority.CommentsClose CommentsPermalink





‘704. Posting of justifications of noncompetitive contracts.CommentsClose CommentsPermalink





‘705. Review of ethical issues.CommentsClose CommentsPermalink





‘706. Ban on certain contracts.CommentsClose CommentsPermalink

‘Sec. 701. Definitions

‘In this chapter--CommentsClose CommentsPermalink





‘(1) the term ‘contracting officer’ means an employee of a covered postal entity who has authority to enter into a postal contract;CommentsClose CommentsPermalink





‘(2) the term ‘covered postal entity’ means--CommentsClose CommentsPermalink





‘(A) the United States Postal Service; orCommentsClose CommentsPermalink





‘(B) the Postal Regulatory Commission;CommentsClose CommentsPermalink





‘(3) the term ‘head of a covered postal entity’ means--CommentsClose CommentsPermalink





‘(A) in the case of the United States Postal Service, the Postmaster General; orCommentsClose CommentsPermalink





‘(B) in the case of the Postal Regulatory Commission, the Postal Regulatory Commission;CommentsClose CommentsPermalink





‘(4) the term ‘postal contract’ means any contract (including any agreement or memorandum of understanding) entered into by a covered postal entity for the procurement of goods or services; andCommentsClose CommentsPermalink





‘(5) the term ‘senior procurement executive’ means the senior procurement executive of a covered postal entity.CommentsClose CommentsPermalink

‘Sec. 702. Advocate for competition

‘(a) Establishment and Designation-CommentsClose CommentsPermalink





‘(1) There is established in each covered postal entity an advocate for competition.CommentsClose CommentsPermalink





‘(2) The head of each covered postal entity shall--CommentsClose CommentsPermalink





‘(A) designate for the covered postal entity and for each procuring activity of the covered postal entity 1 officer or employee (other than the senior procurement executive) to serve as the advocate for competition;CommentsClose CommentsPermalink





‘(B) not assign such officer or employee any duties or responsibilities that are inconsistent with the duties and responsibilities of the advocates for competition; andCommentsClose CommentsPermalink





‘(C) provide such officer or employee with such staff or assistance as may be necessary to carry out the duties and responsibilities of the advocate for competition, such as persons who are specialists in engineering, technical operations, contract administration, financial management, supply management, and utilization of small and disadvantaged business concerns.CommentsClose CommentsPermalink





‘(b) Duties and Functions- The advocate for competition of each covered postal entity shall--CommentsClose CommentsPermalink





‘(1) be responsible for challenging barriers to and promoting full and open competition in the procurement of goods and services by the covered postal entity;CommentsClose CommentsPermalink





‘(2) review the procurement activities of the covered postal entity;CommentsClose CommentsPermalink





‘(3) identify and report to the senior procurement executive--CommentsClose CommentsPermalink





‘(A) opportunities and actions taken to maximize full and open competition in the procurement activities of the covered postal entity; andCommentsClose CommentsPermalink





‘(B) any condition or action which has the effect of unnecessarily restricting competition in the procurement actions of the covered postal entity;CommentsClose CommentsPermalink





‘(4) prepare and transmit to the head of each covered postal entity, the Board of Governors of the United States Postal Service, and Congress an annual report describing--CommentsClose CommentsPermalink





‘(A) the activities of the advocate under this section;CommentsClose CommentsPermalink





‘(B) initiatives required to increase competition; andCommentsClose CommentsPermalink





‘(C) barriers to the use of full and open competition to the maximum extent practicable;CommentsClose CommentsPermalink





‘(5) recommend to the senior procurement executive the goals and the plans for increasing competition on a fiscal year basis;CommentsClose CommentsPermalink





‘(6) recommend to the senior procurement executive a system of personal and organizational accountability for competition, which may include the use of recognition and awards to motivate program managers, contracting officers, and others in authority to promote competition in procurement programs; andCommentsClose CommentsPermalink





‘(7) describe other ways in which the covered postal entity has emphasized competition in programs for procurement training and research.CommentsClose CommentsPermalink





‘(c) Responsibilities- The advocate for competition for each procuring activity shall be responsible for promoting full and open competition, promoting the acquisition of commercial items, and challenging barriers to such acquisition, including such barriers as unnecessarily restrictive statements of need, unnecessarily detailed specifications, and unnecessarily burdensome contract clauses.CommentsClose CommentsPermalink

‘Sec. 703. Delegation of contracting authority

‘(a) In General-CommentsClose CommentsPermalink





‘(1) POLICY- Not later than 60 days after the date of enactment of the U.S. Postal Service Improvements Act of 2010, the head of each covered postal entity shall issue a policy on contracting officer delegations of authority for the covered postal entity.CommentsClose CommentsPermalink





‘(2) CONTENTS- The policy issued under paragraph (1) shall require that--CommentsClose CommentsPermalink





‘(A) notwithstanding any delegation of contracting authority, the ultimate responsibility and accountability for the award and administration of postal contracts resides with the senior procurement executive; andCommentsClose CommentsPermalink





‘(B) a contracting officer shall maintain an awareness of and engagement in the activities being performed on postal contracts for which that officer has cognizance notwithstanding any delegation of authority that may have been executed.CommentsClose CommentsPermalink





‘(b) Posting of Delegations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of each covered postal entity shall make any delegation of authority outside the functional contracting unit for the procurement of goods or services which exceeds the simplified acquisition threshold, as defined under section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) including any adjustment under section 35A of that Act (41 U.S.C. 431A), available on the website of the covered postal entity.CommentsClose CommentsPermalink





‘(2) EFFECTIVE DATE- This paragraph shall apply to any delegation of authority made on or after 30 days after the date of enactment of the U.S. Postal Service Improvements Act of 2010.CommentsClose CommentsPermalink

‘Sec. 704. Posting of justifications of noncompetitive contracts

‘(a) In General- Not later than 14 days after the date of the award of any noncompetitive contract which exceeds the simplified acquisition threshold, as defined under section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) including any adjustment under section 35A of that Act (41 U.S.C. 431A), or within 30 days if the justification and approval for that contract is urgent and compelling, a covered postal entity shall make publicly available the documents containing the justification and approval of that contract.CommentsClose CommentsPermalink





‘(b) Website-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the documents described under subsection (a) shall be made available on the website of the covered postal entity.CommentsClose CommentsPermalink





‘(2) PROTECTION OF PROPRIETARY INFORMATION- The covered postal entity shall carefully screen all justifications for proprietary data, and any references and citations as are necessary to protect the proprietary data, or security related information and remove all such data or information before making the justifications available.CommentsClose CommentsPermalink

‘Sec. 705. Review of ethical issues

‘If a contracting officer identifies any ethical issues relating to a proposed contract and submits those issues and that proposed contract to the designated ethics official for the covered postal entity before the awarding of that contract, that ethics official shall--CommentsClose CommentsPermalink





‘(1) review the proposed contract; andCommentsClose CommentsPermalink





‘(2) advise the contracting officer on the appropriate resolution of ethical issues.CommentsClose CommentsPermalink

‘Sec. 706. Ban on certain contracts

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘covered employee’ means--CommentsClose CommentsPermalink





‘(A) a contracting officer; orCommentsClose CommentsPermalink





‘(B) any employee of a covered postal entity whose decisionmaking affects a postal contract as determined by regulations prescribed by the head of a covered postal entity; andCommentsClose CommentsPermalink





‘(2) the term ‘final conviction’ means a conviction, whether entered on a verdict or plea, including a plea of nolo contendere, for which a sentence has been imposed;CommentsClose CommentsPermalink





‘(b) In General-CommentsClose CommentsPermalink





‘(1) REGULATIONS- The head of each covered postal entity shall prescribe regulations that--CommentsClose CommentsPermalink





‘(A) prohibit a covered employee from entering into a postal contract with any party with whom that covered employee is closely affiliated in a nongovernmental capacity, regardless of whether or not the postal contract is for private gain;CommentsClose CommentsPermalink





‘(B) require a contractor to timely disclose to the chief ethics officers of the covered postal entity any relationship described under subparagraph (A) with a covered employee in a bid, solicitation, award, or performance of a postal contract; andCommentsClose CommentsPermalink





‘(C) include authority for the head of the covered postal entity to a grant waiver to any prohibition or requirement under subparagraph (A) or (B).CommentsClose CommentsPermalink





‘(2) POSTING OF WAIVERS- Not later than 30 days after the head of a covered postal entity grants a waiver described under paragraph (1)(C), the head of the covered postal entity shall make the waiver available on the website of the covered postal entity.CommentsClose CommentsPermalink





‘(c) Contract Voidance and Recovery-CommentsClose CommentsPermalink





‘(1) BRIBERY AND GRAFT CONVICTIONS- In any case in which there is a final conviction for a violation of any provision of chapter 11 of title 18 relating to a postal contract, the head of a covered postal entity may--CommentsClose CommentsPermalink





‘(A) void that contract; andCommentsClose CommentsPermalink





‘(B) recover the amounts expended and property transferred by the covered postal entity under that contract.CommentsClose CommentsPermalink





‘(2) OBTAINING OR DISCLOSING PROCUREMENT INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In any case described under subparagraph (B) relating to a postal contract, the head of a covered postal entity may--CommentsClose CommentsPermalink





‘(i) void that contract; andCommentsClose CommentsPermalink





‘(ii) recover the amounts expended and property transferred by the covered postal entity under that contract.CommentsClose CommentsPermalink





‘(B) CONVICTION OR ADMINISTRATIVE DETERMINATION- A case described under subparagraph (A) is any case in which--CommentsClose CommentsPermalink





‘(i) there is a final conviction for an offense punishable under section 27(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e)); orCommentsClose CommentsPermalink





‘(ii) the head of a covered postal entity determines, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under section 27(e) of that Act.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of chapters for part I of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

701’.CommentsClose CommentsPermalink

SEC. 14. SUPERVISORY AND OTHER MANAGERIAL ORGANIZATIONS OF THE POSTAL SERVICE.

Section 1004 of title 39, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘to ensure reasonable and sustainable workloads and schedules for supervisory and management employees;’ after ‘other managerial personnel;’;CommentsClose CommentsPermalink





(2) in subsection (b) (in the second sentence), by inserting ‘as provided under subsection (d) and any changes in, or termination of, pay policies and schedules and fringe benefit programs for members of the supervisors’ organization as provided under subsection (e)’ before the period; andCommentsClose CommentsPermalink





(3) in subsection (e)(1), by inserting ‘, or termination of,’ after ‘any changes in’.CommentsClose CommentsPermalink

SEC. 15. ENERGY EFFICIENCY PROJECTS.

(a) In General- In order to help finance energy efficiency projects with respect to postal operations and facilities, the Postal Service shall have available to it the authority described in subsection (b).CommentsClose CommentsPermalink





(b) Authority Described- The authority described in this subsection is the authority to borrow money and to issue and sell obligations. The authority described in the preceding sentence shall be available to the Postal Service--CommentsClose CommentsPermalink





(1) in order to carry out subsection (a), subject to the same terms and conditions as apply with respect to the corresponding authority made available under paragraph (3) of section 4(a) in order to carry out the purposes of such section 4(a); except thatCommentsClose CommentsPermalink





(2) the aggregate amount of obligations outstanding under this paragraph at any one time shall not exceed $1,000,000,000.CommentsClose CommentsPermalink





(c) Reporting Requirement- The Postal Service shall submit a written report to Congress, once every 2 years, on the operation of this section.CommentsClose CommentsPermalink

SEC. 16. REQUIRED PERIOD FOR NOTICE AND COMMENT WITH RESPECT TO CHANGES IN MAILING RULES.

(a) In General- The Postal Service shall by regulation establish procedures under which, before adding, eliminating, or modifying any mailing rules--CommentsClose CommentsPermalink





(1) notice of the proposed change shall be provided by publication in the Federal Register; andCommentsClose CommentsPermalink





(2) a minimum of 30 days shall be provided, after the date of such publication, for public comment.CommentsClose CommentsPermalink





(b) Exceptions- Subsection (a)--CommentsClose CommentsPermalink





(1) shall not apply to any classification or other rules changes that must be brought before the Postal Regulatory Commission; andCommentsClose CommentsPermalink





(2) shall not apply to any change that the Postmaster General certifies has a cumulative cost, to users of the mail, of less than $5,000,000 per year.CommentsClose CommentsPermalink





(c) Mailing Rules Defined- For purposes of this section, the term ‘mailing rules’ means any rules or other requirements of the Postal Service--CommentsClose CommentsPermalink





(1) for qualifying, entering, accepting, certifying, or validating mail for specific rates, products, or services; orCommentsClose CommentsPermalink





(2) otherwise affecting utilization of the postal system, by a business, nonprofit mailer, or other person.CommentsClose CommentsPermalink





Such term includes any rule or other requirement that increases the cost of compliance with existing rules or requirements, whether or not reflected in any discount provided.CommentsClose CommentsPermalink

SEC. 17. NEGOTIATED SERVICE AGREEMENTS FOR MARKET-DOMINANT PRODUCTS.

The Postal Service shall submit a written report to Congress, once every 2 years, on measures taken, progress achieved, and any impediments encountered, with respect to the implementation of the special classifications and agreements (as described in section subsection (c)(10) of section 3622 of title 39, United States Code), in connection with the establishment and operation of a system for regulating rates and classes for market-dominant products.CommentsClose CommentsPermalink

SEC. 18. ELECTRONIC COMMUNICATION PRODUCTS.

The Postal Service and Postal Regulatory Commission shall, within 12 months after the date of the enactment of this Act, report to Congress on the advisability of creating a not-for-profit venture capital program to help the Postal Service identify and develop electronic communication products that would increase net revenue for the Postal Service.CommentsClose CommentsPermalink