HR 2967 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2967CommentsClose CommentsPermalink

To enhance the long-term profitability of the United States Postal Service through enhanced innovation, operational flexibility, workforce realignment, and regulatory relief.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 20, 2011CommentsClose CommentsPermalink

Mr. CUMMINGS (for himself and Mr. LYNCH) introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To enhance the long-term profitability of the United States Postal Service through enhanced innovation, operational flexibility, workforce realignment, and regulatory relief.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; REFERENCES.

(a) Short Title- This Act may be cited as the ‘Innovate to Deliver Act of 2011’.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; references.CommentsClose CommentsPermalink

TITLE I--POSTAL SERVICE PROFITABILITY AND REVENUE-GENERATING ENHANCEMENTS

Sec. 101. Authority to offer nonpostal services.CommentsClose CommentsPermalink





Sec. 102. USPS balanced budget minimum requirement.CommentsClose CommentsPermalink





Sec. 103. Enhanced pricing flexibility.CommentsClose CommentsPermalink





Sec. 104. Investment of competitive product moneys.CommentsClose CommentsPermalink





Sec. 105. Requirement that market-dominant products cover attributable costs.CommentsClose CommentsPermalink





Sec. 106. PRC to revisit CPI cap instituted under PAEA.CommentsClose CommentsPermalink





Sec. 107. Enhanced product innovation.CommentsClose CommentsPermalink





Sec. 108. Repeal of uniform rate for books, films, and other materials.CommentsClose CommentsPermalink





Sec. 109. USPS innovation officer and accountability.CommentsClose CommentsPermalink

TITLE II--POSTAL SERVICE WORKFORCE REALIGNMENT AND RIGHT-SIZING

Sec. 201. Treatment of surplus contributions to Federal Employees’ Retirement System.CommentsClose CommentsPermalink





Sec. 202. Contributions to Thrift Savings Fund of voluntary separation incentive payments.CommentsClose CommentsPermalink





Sec. 203. Modification of prepayment schedule relating to Postal Service Retiree Health Benefits Fund.CommentsClose CommentsPermalink





Sec. 204. Study on USPS workforce realignment and right-sizing options.CommentsClose CommentsPermalink





Sec. 205. Applicability of provisions relating to reductions in force.CommentsClose CommentsPermalink





Sec. 206. Enhanced reporting on facility network initiatives.CommentsClose CommentsPermalink

TITLE III--POSTAL SERVICE IMPROVEMENTS AND REGULATORY RELIEF

Sec. 301. Permit appeal rights for closing of postal stations and branches.CommentsClose CommentsPermalink





Sec. 302. Intra-agency cooperative agreements.CommentsClose CommentsPermalink





Sec. 303. Grouping of negotiated service agreements.CommentsClose CommentsPermalink





Sec. 304. Simplification of process for classification of competitive products.CommentsClose CommentsPermalink





Sec. 305. Development of new market-dominant classes of mail.CommentsClose CommentsPermalink





Sec. 306. Expedited consideration of service changes by PRC.CommentsClose CommentsPermalink





(c) References- Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 39, United States Code.CommentsClose CommentsPermalink

TITLE I--POSTAL SERVICE PROFITABILITY AND REVENUE-GENERATING ENHANCEMENTSCommentsClose CommentsPermalink

SEC. 101. AUTHORITY TO OFFER NONPOSTAL SERVICES.

(a) Specific Power- Section 404(a) is amended--CommentsClose CommentsPermalink





(1) in paragraph (7), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (8), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) to provide nonpostal services in accordance with subsection (e).’.CommentsClose CommentsPermalink





(b) Nonpostal Services- Section 404(e) is amended to read as follows:CommentsClose CommentsPermalink





‘(e)(1) The Postal Service may provide nonpostal services that use the processing, transportation, delivery, retail network, technology or other resources of the Postal Service in a manner consistent with the public interest.CommentsClose CommentsPermalink





‘(2) At least 90 days before offering new nonpostal services, the Postal Service shall request an advisory opinion from the Postal Regulatory Commission that evaluates the extent to which the provision of such nonpostal services--CommentsClose CommentsPermalink





‘(A) would use the processing, transportation, delivery, retail network, technology, or other resources of the Postal Service; andCommentsClose CommentsPermalink





‘(B) would be consistent with the public interest.CommentsClose CommentsPermalink





‘(3) Within 45 days after receiving the request under paragraph (2), the Postal Regulatory Commission--CommentsClose CommentsPermalink





‘(A) shall issue its advisory opinion to the Postal Service; andCommentsClose CommentsPermalink





‘(B) shall transmit a copy of such opinion, together with the original request, to--CommentsClose CommentsPermalink





‘(i) the Committee on Oversight and Government Reform of the House of Representatives; andCommentsClose CommentsPermalink





‘(ii) the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink





‘(4) For purposes of this title, the term ‘nonpostal services’ means services and products other than postal services as defined in section 102(5), including--CommentsClose CommentsPermalink





‘(A) check-cashing services;CommentsClose CommentsPermalink





‘(B) new technology and media services;CommentsClose CommentsPermalink





‘(C) warehousing and logistics;CommentsClose CommentsPermalink





‘(D) facility leasing; andCommentsClose CommentsPermalink





‘(E) public internet access services.’.CommentsClose CommentsPermalink

SEC. 102. USPS BALANCED BUDGET MINIMUM REQUIREMENT.

Subsection (b) of section 404 is amended--CommentsClose CommentsPermalink





(1) by striking ‘(b)’ and inserting ‘(b)(1)’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) Except as otherwise explicitly prohibited by this title, within 180 days after the date of enactment of this paragraph, the Governors shall ensure that the rates and fees charged, and the level and quality of services provided, shall be adjusted so that the total revenues received by the Postal Service from all sources are at least equal to the total costs incurred in the provision of postal services, except that the Governors shall continue to provide all public services for which appropriations are made to the Postal Service under section 2401.’.CommentsClose CommentsPermalink

SEC. 103. ENHANCED PRICING FLEXIBILITY.

The second sentence of section 404(c) is repealed.CommentsClose CommentsPermalink

SEC. 104. INVESTMENT OF COMPETITIVE PRODUCT MONEYS.

Section 2003 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Notwithstanding any other provision of this section, if the Postal Service determines that the moneys of the Competitive Products Fund are in excess of current needs, it may invest such amounts as it considers appropriate in accordance with regulations which the Secretary of the Treasury shall prescribe within 180 days after the date of enactment of this Act.’.CommentsClose CommentsPermalink

SEC. 105. REQUIREMENT THAT MARKET-DOMINANT PRODUCTS COVER ATTRIBUTABLE COSTS.

(a) Repeal- Paragraph (2) of section 3622(c) is repealed.CommentsClose CommentsPermalink





(b) Each Class To Bear Attributable Costs- Section 3622(d)(1) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F);CommentsClose CommentsPermalink





(2) by inserting before subparagraph (B) (as so redesignated by paragraph (1)) the following:CommentsClose CommentsPermalink





‘(A) require that each class or type of mail service shall bear the direct and indirect postal costs attributable to such class or type through reliably identified causal relationships plus that portion of all other costs of the Postal Service reasonably assignable to such class or type;’; andCommentsClose CommentsPermalink





(3) in subparagraph (B) (as so redesignated by paragraph (1)) by inserting ‘, excluding changes required to satisfy subparagraph (A),’ before ‘to be set’.CommentsClose CommentsPermalink

SEC. 106. PRC TO REVISIT CPI CAP INSTITUTED UNDER PAEA.

Section 3622 is amended--CommentsClose CommentsPermalink





(1) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (13), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) by redesignating paragraph (14) as paragraph (15); andCommentsClose CommentsPermalink





(C) by inserting after paragraph (13) the following:CommentsClose CommentsPermalink





‘(14) the value to the Postal Service of having pricing flexibility that would apply a price cap across all classes of market dominant products in comparison to a class-based price cap.’; andCommentsClose CommentsPermalink





(2) in subsection (d)(3), by striking ‘Ten’ and inserting ‘Five’.CommentsClose CommentsPermalink

SEC. 107. ENHANCED PRODUCT INNOVATION.

(a) Dollar-Amount Limitation Relating to Market Tests of Experimental Products- Section 3641(e)(1) is amended by striking ‘$10,000,000’ and inserting ‘$50,000,000’.CommentsClose CommentsPermalink





(b) Dollar-Amount Limitation Relating to Exemption Authority- Section 3641(e)(2) is amended by striking ‘$50,000,000’ and inserting ‘$100,000,000’.CommentsClose CommentsPermalink

SEC. 108. REPEAL OF UNIFORM RATE FOR BOOKS, FILMS, AND OTHER MATERIALS.

(a) In General- Section 3683 is repealed.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 36 is amended by repealing the item relating to section 3683.CommentsClose CommentsPermalink

SEC. 109. USPS INNOVATION OFFICER AND ACCOUNTABILITY.

(a) In General- Chapter 2 is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 209. USPS INNOVATION OFFICER AND ACCOUNTABILITY.

‘(a) In General- There shall be in the Postal Service a Chief Innovation Officer selected by the Postmaster General who shall have proven expertise and a record of success in 1 or more of the postal and shipping industry, innovation product research and development, marketing brand strategy, emerging communications technology, or business process management. The Chief Innovation Officer shall manage the Postal Service’s development and implementation of innovative postal and nonpostal products and services.CommentsClose CommentsPermalink





‘(b) Duties- The Chief Innovation Officer shall have as primary duties--CommentsClose CommentsPermalink





‘(1) leading the development of innovative nonpostal products and services that will maximize revenue to the Postal Service;CommentsClose CommentsPermalink





‘(2) developing innovative postal products and services, particularly those that utilize emerging information technologies, to maximize revenue to the Postal Service;CommentsClose CommentsPermalink





‘(3) monitoring the performance of these products and services and revising them as needed to meet changing market trends; andCommentsClose CommentsPermalink





‘(4) taking into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee prior to the initial sale of innovative postal or nonpostal products and services.CommentsClose CommentsPermalink





‘(c) Designation-CommentsClose CommentsPermalink





‘(1) DEADLINE- As soon as practicable after the date of enactment of this section, but no later than October 1, 2012, the Postmaster General shall designate a Chief Innovation Officer.CommentsClose CommentsPermalink





‘(2) CONDITION- Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service from serving as the Chief Innovation Officer under this chapter. However, the Chief Innovation Officer may not, while serving in such office, concurrently hold any other office or position in the Postal Service.CommentsClose CommentsPermalink





‘(d) Innovation Strategy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 24 months after the date of enactment of this section, the Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a comprehensive strategy for maximizing revenues through innovative postal and nonpostal products and services.CommentsClose CommentsPermalink





‘(2) MATTERS TO BE ADDRESSED- At a minimum, the strategy required by this section shall address--CommentsClose CommentsPermalink





‘(A) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including the nature of the market to be filled by each product and service and the likely date by which each product and service will be introduced;CommentsClose CommentsPermalink





‘(B) the cost of developing and offering each product or service;CommentsClose CommentsPermalink





‘(C) the anticipated sales volume of each product and service;CommentsClose CommentsPermalink





‘(D) the anticipated revenues and profits expected to be generated by each product and service;CommentsClose CommentsPermalink





‘(E) the likelihood of success of each innovative product and service as well as the risks associated with the development and sale of each innovative product and service;CommentsClose CommentsPermalink





‘(F) the trends anticipated in market conditions that may affect the success of each product and service over the next 5 years; andCommentsClose CommentsPermalink





‘(G) the metrics that will be utilized to assess the effectiveness of the innovation strategy.CommentsClose CommentsPermalink





‘(3) STRATEGY UPDATES- The strategy required by this section shall be updated every 3 years and submitted to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission with the President’s annual budget request.CommentsClose CommentsPermalink





‘(e) Report on Performance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission with the President’s annual budget request a report that details the Postal Service’s progress in implementing the Innovation Strategy.CommentsClose CommentsPermalink





‘(2) MATTERS TO BE ADDRESSED- At a minimum, the report required by this section shall address--CommentsClose CommentsPermalink





‘(A) the revenue generated by each product and service developed through the Innovation Strategy and the costs of developing and offering each such product and service for the preceding year;CommentsClose CommentsPermalink





‘(B) the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year;CommentsClose CommentsPermalink





‘(C) trends in the markets filled by each product and service;CommentsClose CommentsPermalink





‘(D) products and services identified in the Innovation Strategy that are to be discontinued, the date on which the discontinuance will occur, and the reasons for the discontinuance;CommentsClose CommentsPermalink





‘(E) alterations in products and services identified in the Innovation Strategy that will be made to meet changing market conditions, and an explanation of how these alterations will ensure the success of the products and services; andCommentsClose CommentsPermalink





‘(F) the performance of the Innovation Strategy according to the metrics identified in subsection (d)(2)(G).CommentsClose CommentsPermalink





‘(f) Comptroller General-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Comptroller General shall conduct a study on the implementation of the innovation strategy not later than 4 years after the date of enactment of this section.CommentsClose CommentsPermalink





‘(2) CONTENTS- At a minimum, the Comptroller General shall assess the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services. The study shall also include--CommentsClose CommentsPermalink





‘(A) an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the Postal Service;CommentsClose CommentsPermalink





‘(B) the sales volume of each such product and service;CommentsClose CommentsPermalink





‘(C) the revenues and profits generated by each such product and service; andCommentsClose CommentsPermalink





‘(D) the likelihood of continued success of each such product and service.CommentsClose CommentsPermalink





‘(3) SUBMISSION- The results of the study required under this subsection shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 2 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘209. USPS innovation officer and accountability.’.CommentsClose CommentsPermalink

TITLE II--POSTAL SERVICE WORKFORCE REALIGNMENT AND RIGHT-SIZINGCommentsClose CommentsPermalink

SEC. 201. TREATMENT OF SURPLUS CONTRIBUTIONS TO FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.

Section 8423(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink





‘(5) If, for any of fiscal years 2011 through 2016, the amount computed under paragraph (1)(B) is less than zero (in this paragraph referred to as ‘surplus postal contributions’), the amount of those surplus postal contributions shall be used by the United States Postal Service only for the purposes of--CommentsClose CommentsPermalink





‘(A) providing voluntary separation incentive payments (as established under section 3523) for eligible employees; andCommentsClose CommentsPermalink





‘(B) providing voluntary separation incentive payments (as established under section 3523) in conjunction with voluntary early retirement authority for eligible employees under sections 8336(d)(2) or 8414(b)(1)(B).’.CommentsClose CommentsPermalink

SEC. 202. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

(a) Section 8351(b)(2) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the matter before subparagraph (C) and inserting the following:CommentsClose CommentsPermalink





‘(2)(A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount of such employee’s or Member’s basic pay for such pay period.CommentsClose CommentsPermalink





‘(B) An employee may contribute (by direct transfer to the Fund) any part of any voluntary separation incentive payment that the employee receives under section 3523.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) Notwithstanding section 2105(e), in this paragraph, the term ‘employee’ includes an employee of the United States Postal Service or the Postal Regulatory Commission.’.CommentsClose CommentsPermalink





(b) Section 8432(a) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (3) as (4);CommentsClose CommentsPermalink





(2) by striking the matter before paragraph (4) (as so redesignated by paragraph (1)) and inserting the following:CommentsClose CommentsPermalink





‘(a)(1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), any amount of such employee’s or Member’s basic pay for such pay period.CommentsClose CommentsPermalink





‘(2) An employee may contribute (by direct transfer to the Fund) any part of any voluntary separation incentive payment that the employee receives under section 3523.CommentsClose CommentsPermalink





‘(3) Contributions made under paragraph (1) pursuant to an election under subsection (b) shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.’;CommentsClose CommentsPermalink





(3) adding at the end the following:CommentsClose CommentsPermalink





‘(5) Notwithstanding section 2105(e), in this subsection the term ‘employee’ includes an employee of the United States Postal Service or of the Postal Regulatory Commission.’.CommentsClose CommentsPermalink





(c) Regulations- The Executive Director of the Federal Retirement Thrift Investment Board shall promulgate regulations to carry out the amendments made by this section.CommentsClose CommentsPermalink

SEC. 203. MODIFICATION OF PREPAYMENT SCHEDULE RELATING TO POSTAL SERVICE RETIREE HEALTH BENEFITS FUND.

(a) Section 8909a(d)(2)(B) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘2017’ and inserting ‘2012’;CommentsClose CommentsPermalink





(2) by striking ‘2056’ and inserting ‘2051’.CommentsClose CommentsPermalink





(b) Section 8909a(d)(3)(A) is amended--CommentsClose CommentsPermalink





(1) in clause (iii), by inserting ‘and’ at the end;CommentsClose CommentsPermalink





(2) in clause (iv), by striking the semicolon and inserting a period; andCommentsClose CommentsPermalink





(3) by striking clauses (v) through (x).CommentsClose CommentsPermalink





(c) Section 8909a(d)(3)(B) is amended by striking ‘2017’ and inserting ‘2012’.CommentsClose CommentsPermalink

SEC. 204. STUDY ON USPS WORKFORCE REALIGNMENT AND RIGHT-SIZING OPTIONS.

(a) In General- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on workforce reduction or realignment methods which could be used by the United States Postal Service to align its workforce with its needs.CommentsClose CommentsPermalink





(b) Contents of the Report- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) The projected workforce needs of the Postal Service, given the current mail volumes and the demand for Postal services.CommentsClose CommentsPermalink





(2) Possible options for allowing Postal Service employees who are eligible for voluntary early retirement to deposit voluntary separation incentive payments to obtain service credit or to otherwise allow such payments to be credited in the computation of retirement annuity benefits.CommentsClose CommentsPermalink





(3) The workforce authorities available to the Postal Service under existing law, including for reductions in force and voluntary separation incentive payments.CommentsClose CommentsPermalink





(4) Any training, retraining, or hiring that may be required by the authority the Postal Service is granted under this Act to develop and offer for sale nonpostal products and services.CommentsClose CommentsPermalink

SEC. 205. APPLICABILITY OF PROVISIONS RELATING TO REDUCTIONS IN FORCE.

Section 1005 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g)(1) Except as otherwise provided by any collective bargaining agreement entered into under chapter 12, the provisions of subchapter I of chapter 35 of title 5 and the regulations implementing such subchapter, shall apply to employees of the Postal Service who hold positions that are within bargaining units under section 1202.CommentsClose CommentsPermalink





‘(2) Before using the authority provided in paragraph (1), the Postal Service shall demonstrate to the Office of Personnel Management how it will comply with section 3502(a)(4) of title 5.’.CommentsClose CommentsPermalink

SEC. 206. ENHANCED REPORTING ON FACILITY NETWORK INITIATIVES.

Section 404(d) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7)(A) The Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives and the Postal Regulatory Commission a report that details plans to close or suspend a Postal Service retail or processing facility during the period to which such report pertains. The first such report shall be submitted not later than 120 days after the date of enactment of this paragraph. Reports shall be submitted semiannually thereafter.CommentsClose CommentsPermalink





‘(B) Each report submitted by the Postal Service under subparagraph (A) shall address, at a minimum--CommentsClose CommentsPermalink





‘(i) the specific retail and processing facilities the Postal Service plans to suspend or close;CommentsClose CommentsPermalink





‘(ii) the anticipated date of suspension or closure of each such facility;CommentsClose CommentsPermalink





‘(iii) the cost of continued operations at the facilities for which closure is planned;CommentsClose CommentsPermalink





‘(iv) the purpose of each such suspension or closure, as determined by paragraph (2)(A);CommentsClose CommentsPermalink





‘(v) plans for the establishment of alternative access points for retail facilities listed in clause (i), including the date on which each such alternative access point shall open for business and the planned location of each such alternative access point;CommentsClose CommentsPermalink





‘(vi) how each facility closure conforms with previously filed actions for suspension or closure;CommentsClose CommentsPermalink





‘(vii) the timeline for closure or suspension activities described in paragraphs (1) and (3), and all other formal closure or suspension activities planned in connection with the retail facility closure;CommentsClose CommentsPermalink





‘(viii) how work performed at mail processing facilities recommended for closure or consolidation will be transferred or absorbed by other facilities within the network;CommentsClose CommentsPermalink





‘(ix) cost savings expected or achieved from consolidation of both retail and mail processing facilities;CommentsClose CommentsPermalink





‘(x) the impact of each planned closure on postal employees, including relocation or reassignment plans; andCommentsClose CommentsPermalink





‘(xi) the status of ongoing suspensions or closures identified in previous reports.’.CommentsClose CommentsPermalink

TITLE III--POSTAL SERVICE IMPROVEMENTS AND REGULATORY RELIEFCommentsClose CommentsPermalink

SEC. 301. PERMIT APPEAL RIGHTS FOR CLOSING OF POSTAL STATIONS AND BRANCHES.

Section 404(d) is amended by adding after paragraph (7) (as added by section 206) the following:CommentsClose CommentsPermalink





‘(8) The provisions of paragraphs (1) through (6) shall apply to postal stations and branches in the same manner as the provisions apply to post offices.’.CommentsClose CommentsPermalink

SEC. 302. INTRA-AGENCY COOPERATIVE AGREEMENTS.

(a) In General- Section 411 is amended--CommentsClose CommentsPermalink





(1) in the section heading, by inserting ‘; authority for intra-service agreement’ after ‘agencies’; andCommentsClose CommentsPermalink





(2) adding at the end the following:CommentsClose CommentsPermalink





‘(b) The Office of the Inspector General of the United States Postal Service and other components of the Postal Service may enter into intra-service agreements to furnish to each other property, both real and personal, and personal and nonpersonal services. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the head of the component concerned and the Inspector General shall deem necessary.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 411 and inserting the following:CommentsClose CommentsPermalink





‘411. Cooperation with other Government agencies; authority for intra-service agreement.’.CommentsClose CommentsPermalink

SEC. 303. GROUPING OF NEGOTIATED SERVICE AGREEMENTS.

Section 3622(d)(1), as amended by section 105(b), is further amended--CommentsClose CommentsPermalink





(1) in subparagraph (E) (as so redesignated by section 105(b)), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (F) (as so redesignated by section 105(b)), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) treat similar or related agreements between the Postal Service and postal users collectively as a single product for purposes of this section to the extent the Commission deems such treatment to be consistent with policies of this title.’.CommentsClose CommentsPermalink

SEC. 304. SIMPLIFICATION OF PROCESS FOR CLASSIFICATION OF COMPETITIVE PRODUCTS.

Section 3642(b) is amended (in the matter before paragraph (1)) by striking ‘in accordance with’ and inserting the following: ‘as expeditiously as practicable. The Commission shall promptly admit a product into the competitive category if it meets’.CommentsClose CommentsPermalink

SEC. 305. DEVELOPMENT OF NEW MARKET-DOMINANT CLASSES OF MAIL.

(a) Section 102 is amended--CommentsClose CommentsPermalink





(1) in paragraph (9), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (10), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(11) ‘class of mail’ means a grouping of similar products, subject to section 3622(d)(2)(A), as further defined by the Postal Regulatory Commission.’.CommentsClose CommentsPermalink





(b) Section 3622(d)(2)(A) is amended by inserting ‘or under section 3643’ after ‘Act’.CommentsClose CommentsPermalink





(c)(1) Subchapter III of chapter 36 is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 3643. New classes of mail

‘(a) In General- Upon request of the Postal Service or users of the mails, or upon its own initiative, the Postal Regulatory Commission may change the classes of mail to which the annual limitation under section 3622(d)(1) applies by adding new classes of mail. The Postal Regulatory Commission shall, within 18 months after the date of enactment of this section, promulgate (and may from time to time thereafter revise) regulations to carry out this section.CommentsClose CommentsPermalink





‘(b) Criteria- All determinations by the Postal Regulatory Commission under subsection (a) shall be made in accordance with the following criteria:CommentsClose CommentsPermalink





‘(1) NEW MARKET- Dominant classes of mail shall consist of products in the sale of which the Postal Service exercises sufficient market power that it can effectively set the price of such product substantially above costs, raise prices significantly, decrease quality, or decrease output, without risk of losing a significant level of business to other firms offering similar products.CommentsClose CommentsPermalink





‘(2) PRODUCTS COVERED BY POSTAL MONOPOLY- Any new classes of mail containing any products covered by the postal monopoly shall be subject to the requirements of section 3622(d)(1). For purposes of the preceding sentence, the term ‘product covered by the postal monopoly’ means any product the conveyance or transmission of which is reserved to the United States under section 1696 of title 18, subject to the same exception as set forth in the last sentence of section 409(e)(1).CommentsClose CommentsPermalink





‘(3) ADDITIONAL CONSIDERATIONS- In making any decision under this section, due regard shall be given to--CommentsClose CommentsPermalink





‘(A) the availability and nature of enterprises in the private sector engaged in the delivery of the product involved;CommentsClose CommentsPermalink





‘(B) the views of those who use the product involved on the appropriateness of the proposed action; andCommentsClose CommentsPermalink





‘(C) the likely impact of the proposed action on small business concerns (within the meaning of section 3641(h)).CommentsClose CommentsPermalink





‘(c) Notification and Publication Requirements-CommentsClose CommentsPermalink





‘(1) NOTIFICATION REQUIREMENT- The Postal Service shall, whenever it requests to add a new class of mail, file with the Postal Regulatory Commission and publish in the Federal Register a notice setting out the basis for its determination that the product satisfies the criteria under subsection (b). The provisions of section 504(g) shall be available with respect to any information required to be filed.CommentsClose CommentsPermalink





‘(2) PUBLICATION REQUIREMENT- The Postal Regulatory Commission shall, whenever it changes the list of market-dominant classes of mail, prescribe new lists of classes of mail. The revised lists shall indicate how and when any previous lists are superseded, and shall be published in the Federal Register.CommentsClose CommentsPermalink





‘(d) Prohibition- Except as provided in section 3641, a class of mail that involves the physical delivery of letters, printed matter, or packages may be offered by the Postal Service unless it has been assigned as a new class of mail--CommentsClose CommentsPermalink





‘(1) under this subchapter; orCommentsClose CommentsPermalink





‘(2) by or under any other provision of law.’.CommentsClose CommentsPermalink





(2) The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3642 the following:CommentsClose CommentsPermalink





‘3643. New classes of mail.’.CommentsClose CommentsPermalink

SEC. 306. EXPEDITED CONSIDERATION OF SERVICE CHANGES BY PRC.

Section 3661 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) If the Postal Service seeks expedited processing for time-sensitive advisory opinions, it shall state such request in its proposal filed under subsection (b) and the Commission, to the extent practical and in accordance with subsection (d), shall comply with the request for expedited consideration.’.CommentsClose CommentsPermalink