S 1853 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1853CommentsClose CommentsPermalink

To recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 10, 2011CommentsClose CommentsPermalink

Mr. SANDERS (for himself, Mrs. GILLIBRAND, Mr. LEAHY, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.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.

This Act may be cited as the ‘Postal Service Protection Act of 2011’.CommentsClose CommentsPermalink

TITLE I--RETIREMENT ANNUITY OBLIGATION RECALCULATION AND RESTORATIONCommentsClose CommentsPermalink

SEC. 101. MODIFIED METHODOLOGY.

(a) In General- Section 8348(h) of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4)(A) To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on a provision of law described in subparagraph (C), the determination shall be made in accordance with that provision and any otherwise applicable provisions of law, subject to the following:CommentsClose CommentsPermalink





‘(i) The ‘average pay’ used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for the individual during the periods of creditable service performed by the individual. Nothing in this subsection shall be considered to permit or require--CommentsClose CommentsPermalink





‘(I) 1 determination of average pay with respect to service performed with the United States Postal Service; andCommentsClose CommentsPermalink





‘(II) a separate determination of average pay with respect to service performed with its predecessor entity in function.CommentsClose CommentsPermalink





‘(ii) In determining the portion of an annuity attributable to civilian employment with the United States Postal Service, with respect to any period of employment with the United States Postal Service that follows any other period of employment creditable under section 8332 (without regard to whether the employment was with an entity referred to in clause (i)(II)), the total service of an employee for purposes of any provision of law described in subparagraph (C) shall be the sum of--CommentsClose CommentsPermalink





‘(I) any period of employment with the United States Postal Service; andCommentsClose CommentsPermalink





‘(II) any period of employment creditable under section 8332 that precedes the period described in subclause (I).CommentsClose CommentsPermalink





‘(B)(i) Not later than 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before that date of enactment, in conformance with the methodology required under subparagraph (A).CommentsClose CommentsPermalink





‘(ii)(I) If the result of the determination or redetermination under clause (i) is a surplus, the Office may transfer the amount of the surplus, or any portion of the amount of the surplus, at the request of the United States Postal Service, to--CommentsClose CommentsPermalink





‘(aa) the Postal Service Retiree Health Benefits Fund established under section 8909a; andCommentsClose CommentsPermalink





‘(bb) the Postal Service Fund established under section 2003 of title 39.CommentsClose CommentsPermalink





‘(II) If a determination or redetermination under clause (i) for a fiscal year is made before a determination under paragraph (2)(B) is made with respect to the fiscal year, the Office may not make a determination under paragraph (2)(B) with respect to the fiscal year.CommentsClose CommentsPermalink





‘(C) The provisions of law described in this subparagraph are--CommentsClose CommentsPermalink





‘(i) the first sentence of section 8339(a); andCommentsClose CommentsPermalink





‘(ii) section 8339(d)(1).’.CommentsClose CommentsPermalink





(b) Coordination Provisions-CommentsClose CommentsPermalink





(1) DETERMINATION OF AMOUNT PAYABLE- Section 8909a of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Notwithstanding any other provision of law, the Office shall determine the amount payable by the Postal Service under subsection (d) in any fiscal year ending on or before September 30, 2013, without regard to the requirements under section 8348(h)(4).’.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this Act shall affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendment- The heading for section 8909a of title 5, United States Code, is amended by striking ‘Benefit’ and inserting ‘Benefits’.CommentsClose CommentsPermalink

SEC. 102. RELATING TO A POSTAL SURPLUS.

Section 8348(h)(2)(C) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting ‘2021,’ after ‘2015,’; andCommentsClose CommentsPermalink





(2) by striking ‘if the result is’ and all that follows through ‘terminated.’ and inserting the following: ‘if the result is a surplus--CommentsClose CommentsPermalink





‘(i) that amount, or any portion of that amount, may be transferred at the request of the United States Postal Service to--CommentsClose CommentsPermalink





‘(I) the Postal Service Retiree Health Benefits Fund; andCommentsClose CommentsPermalink





‘(II) the Postal Service Fund established under section 2003 of title 39; andCommentsClose CommentsPermalink





‘(ii) any prior amortization schedule for payments shall be terminated.’.CommentsClose CommentsPermalink

SEC. 103. TREATMENT OF CERTAIN SURPLUS RETIREMENT CONTRIBUTIONS.

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 fiscal year 2010, the amount computed under paragraph (1)(B) is less than zero (in this section referred to as ‘surplus postal contributions’), the amount of the surplus postal contributions, or any portion of the amount, may be transferred at the request of the United States Postal Service to--CommentsClose CommentsPermalink





‘(A) the Postal Service Retiree Health Benefits Fund established under section 8909a;CommentsClose CommentsPermalink





‘(B) the Postal Service Fund established under section 2003 of title 39;CommentsClose CommentsPermalink





‘(C) the Employees’ Compensation Fund established under section 8147; andCommentsClose CommentsPermalink





‘(D) the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39.’.CommentsClose CommentsPermalink

SEC. 104. ELIMINATION OF REQUIREMENT TO PRE-FUND THE POSTAL SERVICE RETIREE HEALTH BENEFITS FUND.

(a) In General- Section 8909a of title 5, United States Code, as amended by this Act, is amended--CommentsClose CommentsPermalink





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





(A) by striking paragraph (3); andCommentsClose CommentsPermalink





(B) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; andCommentsClose CommentsPermalink





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





‘(f) Nothing in this section shall be construed to require the Postal Service to pay any amount into the Postal Service Retiree Health Benefits Fund established under section 8909a.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- Section 803(b)(1)(A) of the Postal Accountability and Enhancement Act (5 U.S.C. 8909a note) is amended by striking ‘8909a(d)(5)’ and inserting ‘8909a(d)(4)’.CommentsClose CommentsPermalink

SEC. 105. EFFECTIVE DATE; RULE OF CONSTRUCTION.

(a) In General- This title and the amendments made by this title shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Intent of Congress- It is the intent of Congress that this title apply with respect to the allocation of past, present, and future benefit liabilities between the United States Postal Service and the Treasury of the United States.CommentsClose CommentsPermalink





(c) Rule of Construction- Nothing in this Act or the amendments made by this Act shall be construed to prohibit the Postal Service from paying any amount of surplus contributions to the Civil Service Retirement and Disability Fund and the Federal Employees’ Retirement System into--CommentsClose CommentsPermalink





(1) the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5, United States Code; andCommentsClose CommentsPermalink





(2) the Postal Service Fund established under section 2003 of title 39, United States Code.CommentsClose CommentsPermalink

TITLE II--RESTRICTIONS ON POSTAL FACILITY CLOSURESCommentsClose CommentsPermalink

SEC. 201. MODIFIED PROCEDURES.

(a) In General- Section 404(d) of title 39, United States Code, is amended by striking ‘(d)(1)’ and all that follows through paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(d)(1) Before making a determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall--CommentsClose CommentsPermalink





‘(A) conduct an investigation to assess the need for the proposed closure or consolidation; andCommentsClose CommentsPermalink





‘(B) ensure that each person served by the postal facility has an opportunity to present views by providing appropriate notice--CommentsClose CommentsPermalink





‘(i) to each person by mail; andCommentsClose CommentsPermalink





‘(ii) by publication in a newspaper of general circulation in the area in which each person resides.CommentsClose CommentsPermalink





‘(2) In conducting an investigation under paragraph (1)(A) and determining whether to close or consolidate a postal facility under subsection (a)(3), the Postal Service--CommentsClose CommentsPermalink





‘(A) shall consider--CommentsClose CommentsPermalink





‘(i) the effect the closing or consolidation would have on the community served by the postal facility;CommentsClose CommentsPermalink





‘(ii) the effect the closing or consolidation would have on employees of the Postal Service employed at the postal facility; andCommentsClose CommentsPermalink





‘(iii) whether the closing or consolidation would be consistent with the policy of the Government under section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where postal facilities are not self-sustaining; andCommentsClose CommentsPermalink





‘(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).CommentsClose CommentsPermalink





‘(3)(A) Upon completion of an investigation under paragraph (1), the Postal Service shall make a decision, in writing, whether to proceed with the proposal to close or consolidate a postal facility, which shall include the findings of the Postal Service with respect to each factor specified in paragraph (2)(A).CommentsClose CommentsPermalink





‘(B) Not later than 90 days before the Postal Service makes a final determination under this subsection, the Postal Service shall--CommentsClose CommentsPermalink





‘(i) post notice of the decision and findings under subparagraph (A) in a prominent place in each postal facility that would be affected by the closing or consolidation; andCommentsClose CommentsPermalink





‘(ii) send notice of each posting under clause (i) by mail to each person served by the postal facility in which the notice is posted.CommentsClose CommentsPermalink





‘(C) Notice under subparagraph (B) shall include--CommentsClose CommentsPermalink





‘(i) a statement as follows: ‘This is notice of a proposal to XXXXX this postal facility. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted.’, with the blank space being filled in with ‘close’ or ‘consolidate’ (whichever is appropriate), and with instructions for how any interested person may submit comments;CommentsClose CommentsPermalink





‘(ii) a brief summary of the findings of the Postal Service with respect to the factors specified in paragraph (2)(A); andCommentsClose CommentsPermalink





‘(iii) the amount of cost savings the Postal Service estimates the Postal Service will realize from the closing or consolidation, in the first year following the date of the closing or consolidation, together with an explanation of the assumptions and methodologies used in making the estimate.CommentsClose CommentsPermalink





‘(4) The Postal Service shall make a final determination to close or consolidate a postal facility in writing after taking into consideration any comments received during the 90-day period described under paragraph (3). The Postal Service shall take no action to close or consolidate a postal facility before the date that is 60 days after the date on which the Postal Service--CommentsClose CommentsPermalink





‘(A) posts a copy of the final determination in a prominent location in each affected postal facility; andCommentsClose CommentsPermalink





‘(B) sends to each person served by the postal facility--CommentsClose CommentsPermalink





‘(i) a notice of the determination; andCommentsClose CommentsPermalink





‘(ii) notice of any appeal rights available with respect to the determination.’.CommentsClose CommentsPermalink





(b) De Novo Review- Section 404(d)(5) of title 39, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘post office’ and inserting ‘postal facility’; andCommentsClose CommentsPermalink





(2) by striking ‘The Commission shall set aside’ and all that follows through ‘final disposition of the appeal.’ and inserting the following: ‘The Commission shall review de novo the determination of the Postal Service. In conducting a review de novo, the Commission shall consider the factors described in paragraph (2)(A). If the Commission finds fault with a determination of the Postal Service, the Commission shall suspend the effectiveness of the determination of the Postal Service.’.CommentsClose CommentsPermalink





(c) Exception; Calculation of Actual Cost Savings- Section 404(d) of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7)(A) Paragraphs (1) through (6) shall not apply in the case of a closing or consolidation which occurs by reason of an emergency suspension, as described in section 241.3 of title 39, Code of Federal Regulations, or any successor thereto.CommentsClose CommentsPermalink





‘(B) For purposes of this paragraph, the term ‘emergency suspension’ does not, in the case of a leased facility, include the termination or cancellation of the lease by a party other than the Postal Service.CommentsClose CommentsPermalink





‘(8)(A) Not later than 2 years after the date of the closing or consolidation of any postal facility occurring after the date of enactment of this paragraph, the Inspector General shall determine the amount of the cost savings realized by the Postal Service from the closing or consolidation for the first year following the closing or consolidation.CommentsClose CommentsPermalink





‘(B) The Inspector General shall submit to the Postmaster General and to Congress--CommentsClose CommentsPermalink





‘(i) a report for each postal facility for which the Inspector made a determination of cost savings under subparagraph (A) during the preceding year that includes--CommentsClose CommentsPermalink





‘(I) the amount of the cost savings determined to be realized with respect to each closing or consolidation of a postal facility, together with an explanation of the assumptions and methodologies used in making the determination;CommentsClose CommentsPermalink





‘(II) a comparison of--CommentsClose CommentsPermalink





‘(aa) the cost savings determined by the Inspector General; andCommentsClose CommentsPermalink





‘(bb) the estimates provided by the Postal Service under paragraph (3)(C)(iii); andCommentsClose CommentsPermalink





‘(III) an explanation of the reasons for any differences between the determination of the Inspector General and the estimates of the Postal Service, together with recommendations for any legislation or administrative action that the Inspector General considers appropriate to provide for more accurate estimates; andCommentsClose CommentsPermalink





‘(ii) an annual report with respect to all the postal facilities for which the Inspector made a determination of cost savings under subparagraph (A) that includes the information required under clause (i).’.CommentsClose CommentsPermalink

SEC. 202. DEFINITIONS.

Section 404(d) of title 39, United States Code, as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(9) In this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘postal facility’ includes an office, branch, station, or other facility which--CommentsClose CommentsPermalink





‘(i) is operated by the Postal Service; andCommentsClose CommentsPermalink





‘(ii) provides services to persons described in subparagraph (B); andCommentsClose CommentsPermalink





‘(B) any reference to the persons served by a postal facility shall include a postal customer receiving mail delivery service from the postal facility, a resident of a ZIP code served by the postal facility, a postal customer having a post office box at the postal facility, and any relevant local government official as defined by the Postal Service by rule.’.CommentsClose CommentsPermalink

TITLE III--INCENTIVES FOR INNOVATIONCommentsClose CommentsPermalink

SEC. 301. AUTHORITY TO OFFER NONPOSTAL SERVICES AND PRODUCTS.

(a) Specific Power- Section 404(a) of title 39, United States Code, 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 and products in accordance with subsection (e).’.CommentsClose CommentsPermalink





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





‘(e)(1) The Postal Service may provide any nonpostal service or product in a manner consistent with the public interest.CommentsClose CommentsPermalink





‘(2) Not later than 90 days before providing a nonpostal service or product that the Postal Service did not provide before the date of enactment of this subsection, the Postal Service shall request an advisory opinion from the Postal Regulatory Commission that evaluates the extent to which the provision of that nonpostal service or product--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) Not later than 45 days after the date on which the Postal Regulatory Commission receives a request under paragraph (2), the Postal Regulatory Commission shall--CommentsClose CommentsPermalink





‘(A) issue an advisory opinion to the Postal Service concerning the request; andCommentsClose CommentsPermalink





‘(B) transmit a copy of the advisory 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) In this title, the term ‘nonpostal service or product’ means any service or product other than a postal service, including--CommentsClose CommentsPermalink





‘(A) check-cashing services;CommentsClose CommentsPermalink





‘(B) technology and media services;CommentsClose CommentsPermalink





‘(C) warehousing and logistics;CommentsClose CommentsPermalink





‘(D) facility leasing;CommentsClose CommentsPermalink





‘(E) public Internet access services;CommentsClose CommentsPermalink





‘(F) driver licensing;CommentsClose CommentsPermalink





‘(G) vehicle registration;CommentsClose CommentsPermalink





‘(H) hunting and fishing licensing;CommentsClose CommentsPermalink





‘(I) notary services; andCommentsClose CommentsPermalink





‘(J) voter registration.CommentsClose CommentsPermalink





‘(5) The Postal Service may enter into a contract with a State or local agency to provide a nonpostal service or product authorized under this subsection.’.CommentsClose CommentsPermalink

SEC. 302. WINE AND BEER SHIPPING.

(a) Mailability-CommentsClose CommentsPermalink





(1) 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





(2) 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





(b) Regulations- 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--CommentsClose CommentsPermalink





‘(A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2); andCommentsClose CommentsPermalink





‘(B) in accordance with the law of the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery.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 (and any duly authorized agent) 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, through a registration process administered by 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--CommentsClose CommentsPermalink





‘(A) a winery shall be considered to be licensed if that winery holds an appropriate basic permit issued--CommentsClose CommentsPermalink





‘(i) under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); andCommentsClose CommentsPermalink





‘(ii) under the law of the State in which the winery is located; andCommentsClose CommentsPermalink





‘(B) a brewery shall be considered to be licensed if that brewery--CommentsClose CommentsPermalink





‘(i) possesses a notice of registration and bond approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury; andCommentsClose CommentsPermalink





‘(ii) is licensed to manufacture and sell beer in the State in which the brewery is located.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the earlier of--CommentsClose CommentsPermalink





(1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; orCommentsClose CommentsPermalink





(2) 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 303. INNOVATION AND ACCOUNTABILITY.

(a) In General- Chapter 2 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 209. Innovation and accountability

‘(a) Chief Innovation Officer- There shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General who shall have proven expertise and a record of success in--CommentsClose CommentsPermalink





‘(1) the postal and shipping industry;CommentsClose CommentsPermalink





‘(2) innovative product research and development;CommentsClose CommentsPermalink





‘(3) marketing brand strategy;CommentsClose CommentsPermalink





‘(4) emerging communications technology; orCommentsClose CommentsPermalink





‘(5) business process management.CommentsClose CommentsPermalink





‘(b) Duties- The Chief Innovation Officer shall--CommentsClose CommentsPermalink





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





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





‘(3) supervise the implementation of products and services described in paragraphs (1) and (2); andCommentsClose CommentsPermalink





‘(4) monitor the performance of products and services described in paragraphs (1) and (2) and modify the products and services as needed to address changing market trends.CommentsClose CommentsPermalink





‘(c) Considerations- The Chief Innovation Office shall take into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee before the initial sale of innovative postal or nonpostal products and services.CommentsClose CommentsPermalink





‘(d) Designation-CommentsClose CommentsPermalink





‘(1) DEADLINE- As soon as practicable after the date of enactment of this section, and not later than 90 days after the date of enactment of this section, the Postmaster General shall appoint a Chief Innovation Officer.CommentsClose CommentsPermalink





‘(2) CONDITION- The Chief Innovation Officer may not, while serving as Chief Innovation Officer, hold any other office or position in the Postal Service.CommentsClose CommentsPermalink





‘(3) RULE OF CONSTRUCTION- Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service at the time the individual is appointed Chief Innovation Officer from serving as the Chief Innovation Officer under this section.CommentsClose CommentsPermalink





‘(e) Advisory Commission-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- There is established the Postal Innovation Advisory Commission (hereinafter the ‘Commission’).CommentsClose CommentsPermalink





‘(2) MEMBERSHIP-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall be composed of--CommentsClose CommentsPermalink





‘(i) the Chief Innovation Officer established under subsection (a), who shall serve as Chairperson of the Commission; andCommentsClose CommentsPermalink





‘(ii) 5 other members as the Postal Regulatory Commission shall appoint, of whom--CommentsClose CommentsPermalink





‘(I) 1 member shall have expertise in labor;CommentsClose CommentsPermalink





‘(II) 1 member shall have expertise in small business issues;CommentsClose CommentsPermalink





‘(III) 1 member shall have expertise in consumer protection;CommentsClose CommentsPermalink





‘(IV) 1 member shall have expertise in small periodicals and newspapers; andCommentsClose CommentsPermalink





‘(V) 1 member shall have expertise in the postal industry.CommentsClose CommentsPermalink





‘(B) PERIOD OF APPOINTMENT- Members shall be appointed for 5-year terms.CommentsClose CommentsPermalink





‘(C) VACANCIES- Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink





‘(D) MEETINGS- The Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





‘(E) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink





‘(3) DUTIES OF THE COMMISSION-CommentsClose CommentsPermalink





‘(A) STUDY- The Commission shall study--CommentsClose CommentsPermalink





‘(i) additional postal and nonpostal services that the Postal Service may offer to raise revenue; andCommentsClose CommentsPermalink





‘(ii) services that postal services in foreign countries have offered to respond to the increasing demand for high-tech services, including--CommentsClose CommentsPermalink





‘(I) banking and insurance services;CommentsClose CommentsPermalink





‘(II) communication services;CommentsClose CommentsPermalink





‘(III) physical delivery of e-mail correspondence to individuals who do not have Internet access;CommentsClose CommentsPermalink





‘(IV) scanning physical mail and delivering that mail through e-mail; andCommentsClose CommentsPermalink





‘(V) communication through secure servers.CommentsClose CommentsPermalink





‘(B) RECOMMENDATIONS- The Commission shall generate recommendations for additional services that the Postal Service should provide based on the study conducted under subparagraph (A).CommentsClose CommentsPermalink





‘(C) REPORT- Not later than 1 year after the date of enactment of this section, and each year thereafter, the Commission shall submit to the Postmaster General a report that contains each recommendation described under subparagraph (B) that the Commission approves by a majority vote.CommentsClose CommentsPermalink





‘(4) POWERS OF THE COMMISSION-CommentsClose CommentsPermalink





‘(A) HEARINGS- The Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this subsection.CommentsClose CommentsPermalink





‘(B) INFORMATION FROM FEDERAL AGENCIES- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subsection. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink





‘(C) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.CommentsClose CommentsPermalink





‘(D) GIFTS- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink





‘(5) COMMISSION PERSONNEL MATTERS-CommentsClose CommentsPermalink





‘(A) COMPENSATION OF MEMBERS- Each member of the Commission who is not an officer or employee of the Federal Government (including the Postal Service) shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States, including the Postal Service, shall serve without compensation in addition to that received for their services as officers or employees of the United States.CommentsClose CommentsPermalink





‘(B) TRAVEL EXPENSES- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Commission.CommentsClose CommentsPermalink





‘(C) STAFF-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink





‘(ii) COMPENSATION- The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5.CommentsClose CommentsPermalink





‘(D) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee, including an employee of the Postal Service, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





‘(E) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.CommentsClose CommentsPermalink





‘(6) PERMANENT ADVISORY COMMISSION- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink





‘(7) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- There are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act.CommentsClose CommentsPermalink





‘(B) AVAILABILITY- Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.CommentsClose CommentsPermalink





‘(f) Innovation Strategy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Postmaster General shall submit, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), a comprehensive strategy for maximizing the revenue of the Postal Service through innovative postal and nonpostal products and services to--CommentsClose CommentsPermalink





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





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





‘(C) the Postal Regulatory Commission.CommentsClose CommentsPermalink





‘(2) MATTERS TO BE ADDRESSED- At a minimum, the strategy required by this subsection 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 demand to be satisfied by each product and service and the estimated 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 for 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 product and service and the risks associated with the development and sale of each product and service;CommentsClose CommentsPermalink





‘(F) the trends anticipated in market conditions that may affect the success of each product and service during the 5-year period following the submission of the report; andCommentsClose CommentsPermalink





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





‘(3) STRATEGY UPDATES- The Postmaster General shall--CommentsClose CommentsPermalink





‘(A) update the strategy required under this subsection every 2 years; andCommentsClose CommentsPermalink





‘(B) submit the updated strategy, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), to--CommentsClose CommentsPermalink





‘(i) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink





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





‘(iii) the Postal Regulatory Commission.CommentsClose CommentsPermalink





‘(g) Report on Performance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Postmaster General shall submit an annual report that describes the progress of the Postal Service in implementing the strategy under this section, at the same time the President submits the annual budget request under section 1105 of title 31, to--CommentsClose CommentsPermalink





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





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





‘(C) the Postal Regulatory Commission.CommentsClose CommentsPermalink





‘(2) MATTERS TO BE ADDRESSED- At a minimum, a report under this subsection shall include--CommentsClose CommentsPermalink





‘(A) the revenue generated by each product and service developed through the strategy under this section and the costs of developing and offering each product or 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 each market in which a product or service is intended to satisfy a demand;CommentsClose CommentsPermalink





‘(D) products and services identified in the strategy under this section 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 strategy under this section that will be made to address changing market conditions, and an explanation of how the alterations will ensure the success of the products and services; andCommentsClose CommentsPermalink





‘(F) the performance of the strategy under this section according to the metrics identified under subsection (e)(2)(G).CommentsClose CommentsPermalink





‘(h) Study and Report by Comptroller General-CommentsClose CommentsPermalink





‘(1) STUDY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Comptroller General of the United States shall conduct a study on the implementation of the strategy under this section that assesses the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services.CommentsClose CommentsPermalink





‘(B) CONTENTS- The study under subparagraph (A) shall include--CommentsClose CommentsPermalink





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





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





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





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





‘(2) REPORT- Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report concerning the study under paragraph (1) 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) Technical and Conforming Amendment- The table of sections for chapter 2 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘209. Innovation and accountability.’.CommentsClose CommentsPermalink

TITLE IV--MAINTAINING LEVELS OF SERVICECommentsClose CommentsPermalink

SEC. 401. SIX-DAY DELIVERY.

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





(1) in paragraph (2), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (3), by striking the period and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(4) reduce the frequency of the delivery of mail to fewer than 6 days each week.’.CommentsClose CommentsPermalink

SEC. 402. SERVICE STANDARDS FOR MARKET-DOMINANT PRODUCTS.

Section 3691 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Restriction on Authority- Notwithstanding subsections (a), (b), and (c), the Postal Service may not increase the expected delivery time for market-dominant products required under part 121 of title 39, Code of Federal Regulations, as in effect on March 2, 2010.’.CommentsClose CommentsPermalink