Postal Service Protection Act of 2013 - Sets forth rules for the recalculation of annuities for employees of the U.S. Postal Service (USPS) and for the redetermination of surplus or supplemental liabilities under the Civil Service Retirement System (CSRS). Prescribes the "average pay" to be used in calculating annuities and surplus amounts.
Authorizes the transfer of surplus postal retirement contributions in FY2013 to the Postal Service Retiree Health Benefits Fund, the Postal Service Fund, and the Employees' Compensation Fund under the Federal Employees' Compensation Act (FECA) and to USPS for payment of its debt obligations.
Eliminates the requirement for pre-funding of the Postal Service Retiree Health Benefits Fund.
Sets forth criteria for the closing or consolidation of postal facilities.
Allows USPS to provide any nonpostal service or product in a manner consistent with the public interest.
Provides for the mailing of wine and beer sent by a licensed winery or brewery in accordance with the laws of the state, territory, or district where the addressee or agent takes delivery.
Establishes in USPS the position of the Chief Innovation Officer who shall have proven expertise and success in the postal and shipping industry and in innovation, marketing, technology, and management. Establishes a Postal Innovation Advisory Commission. Requires the Postmaster General to report to specified congressional committees and the Postal Regulatory Commmission on a comprehensive strategy for maximizing USPS revenue through innovative postal and nonpostal products and services.
Prohibits USPS from reducing the frequency of mail delivery to fewer than six days each week or from increasing the expected delivery time for market-dominant products.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 316 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 316
To recalculate and restore retirement annuity obligations of the United
States Postal Service, to eliminate the requirement that the United
States Postal Service pre-fund the Postal Service Retiree Health
Benefits Fund, to place restrictions on the closure of postal
facilities, to create incentives for innovation for the United States
Postal Service, to maintain levels of postal service, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2013
Mr. Sanders (for himself, Mr. Leahy, Mrs. Gillibrand, Mr. Franken, Mr.
Wyden, Mr. Merkley, Mr. Udall of New Mexico, and Mr. Brown) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To recalculate and restore retirement annuity obligations of the United
States Postal Service, to eliminate the requirement that the United
States Postal Service pre-fund the Postal Service Retiree Health
Benefits Fund, to place restrictions on the closure of postal
facilities, to create incentives for innovation for the United States
Postal Service, to maintain levels of postal service, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Service Protection Act of
2013''.
TITLE I--RETIREMENT ANNUITY OBLIGATION RECALCULATION AND RESTORATION
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:
``(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:
``(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--
``(I) 1 determination of average pay with respect
to service performed with the United States Postal
Service; and
``(II) a separate determination of average pay with
respect to service performed with its predecessor
entity in function.
``(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--
``(I) any period of employment with the United
States Postal Service; and
``(II) any period of employment creditable under
section 8332 that precedes the period described in
subclause (I).
``(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).
``(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--
``(aa) the Postal Service Retiree Health Benefits Fund
established under section 8909a; and
``(bb) the Postal Service Fund established under section
2003 of title 39.
``(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.
``(C) The provisions of law described in this subparagraph are--
``(i) the first sentence of section 8339(a); and
``(ii) section 8339(d)(1).''.
(b) Coordination Provisions.--
(1) Determination of amount payable.--Section 8909a of
title 5, United States Code, is amended by adding at the end
the following:
``(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).''.
(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.
(c) Technical and Conforming Amendment.--The heading for section
8909a of title 5, United States Code, is amended by striking
``Benefit'' and inserting ``Benefits''.
SEC. 102. RELATING TO A POSTAL SURPLUS.
Section 8348(h)(2)(C) of title 5, United States Code, is amended--
(1) by inserting ``2021,'' after ``2015,''; and
(2) by striking ``if the result is'' and all that follows
through ``terminated.'' and inserting the following: ``if the
result is a surplus--
``(i) that amount, or any portion of that amount, may be
transferred at the request of the United States Postal Service
to--
``(I) the Postal Service Retiree Health Benefits
Fund; and
``(II) the Postal Service Fund established under
section 2003 of title 39; and
``(ii) any prior amortization schedule for payments shall
be terminated.''.
SEC. 103. TREATMENT OF CERTAIN SURPLUS RETIREMENT CONTRIBUTIONS.
Section 8423(b) of title 5, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) If, for fiscal year 2013, 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--
``(A) the Postal Service Retiree Health Benefits Fund
established under section 8909a;
``(B) the Postal Service Fund established under section
2003 of title 39;
``(C) the Employees' Compensation Fund established under
section 8147; and
``(D) the United States Postal Service for the repayment of
any obligation issued under section 2005 of title 39.''.
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--
(1) in subsection (d)--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) through (6) as
paragraphs (3) through (5), respectively; and
(2) by adding at the end the following:
``(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.''.
(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)''.
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.
(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.
(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--
(1) the Postal Service Retiree Health Benefits Fund
established under section 8909a of title 5, United States Code;
and
(2) the Postal Service Fund established under section 2003
of title 39, United States Code.
TITLE II--RESTRICTIONS ON POSTAL FACILITY CLOSURES
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:
``(d)(1) Before making a determination under subsection (a)(3) to
close or consolidate a postal facility, the Postal Service shall--
``(A) conduct an investigation to assess the need for the
proposed closure or consolidation; and
``(B) ensure that each person served by the postal facility
has an opportunity to present views by providing appropriate
notice--
``(i) to each person by mail; and
``(ii) by publication in a newspaper of general
circulation in the area in which each person resides.
``(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--
``(A) shall consider--
``(i) the effect the closing or consolidation would
have on the community served by the postal facility;
``(ii) the effect the closing or consolidation
would have on employees of the Postal Service employed
at the postal facility; and
``(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; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.).
``(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).
``(B) Not later than 90 days before the Postal Service makes a
final determination under this subsection, the Postal Service shall--
``(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; and
``(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.
``(C) Notice under subparagraph (B) shall include--
``(i) a statement as follows: `This is notice of a proposal
to _____ 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;
``(ii) a brief summary of the findings of the Postal
Service with respect to the factors specified in paragraph
(2)(A); and
``(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.
``(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--
``(A) posts a copy of the final determination in a
prominent location in each affected postal facility; and
``(B) sends to each person served by the postal facility--
``(i) a notice of the determination; and
``(ii) notice of any appeal rights available with
respect to the determination.''.
(b) De Novo Review.--Section 404(d)(5) of title 39, United States
Code, is amended--
(1) by striking ``post office'' and inserting ``postal
facility''; and
(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.''.
(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:
``(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.
``(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.
``(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.
``(B) The Inspector General shall submit to the Postmaster General
and to Congress--
``(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--
``(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;
``(II) a comparison of--
``(aa) the cost savings determined by the
Inspector General; and
``(bb) the estimates provided by the Postal
Service under paragraph (3)(C)(iii); and
``(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; and
``(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).''.
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:
``(9) In this subsection--
``(A) the term `postal facility' includes an office,
branch, station, or other facility which--
``(i) is operated by the Postal Service; and
``(ii) provides services to persons described in
subparagraph (B); and
``(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.''.
TITLE III--INCENTIVES FOR INNOVATION
SEC. 301. AUTHORITY TO OFFER NONPOSTAL SERVICES AND PRODUCTS.
(a) Specific Power.--Section 404(a) of title 39, United States
Code, is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(9) to provide nonpostal services and products in
accordance with subsection (e).''.
(b) Nonpostal Services and Products.--Section 404(e) is amended to
read as follows:
``(e)(1) The Postal Service may provide any nonpostal service or
product in a manner consistent with the public interest.
``(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--
``(A) would use the processing, transportation, delivery,
retail network, technology, or other resources of the Postal
Service; and
``(B) would be consistent with the public interest.
``(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--
``(A) issue an advisory opinion to the Postal Service
concerning the request; and
``(B) transmit a copy of the advisory opinion, together
with the original request, to--
``(i) the Committee on Oversight and Government
Reform of the House of Representatives; and
``(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(4) In this title, the term `nonpostal service or product' means
any service or product other than a postal service, including--
``(A) check-cashing services;
``(B) technology and media services;
``(C) warehousing and logistics;
``(D) facility leasing;
``(E) public Internet access services;
``(F) driver licensing;
``(G) vehicle registration;
``(H) hunting and fishing licensing;
``(I) notary services; and
``(J) voter registration.
``(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.''.
SEC. 302. WINE AND BEER SHIPPING.
(a) Mailability.--
(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''.
(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''.
(b) Regulations.--Section 3001 of title 39, United States Code, is
amended by adding at the end the following:
``(p)(1) Wine or malt beverages shall be considered mailable if
mailed--
``(A) by a licensed winery or brewery, in accordance with
applicable regulations under paragraph (2); and
``(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.
``(2) The Postal Service shall prescribe such regulations as may be
necessary to carry out this subsection, including regulations providing
that--
``(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;
``(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;
``(C) the wine or malt beverages may not be for resale or
other commercial purpose; and
``(D) the winery or brewery involved shall--
``(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; and
``(ii) provide any other information or affirmation
that the Postal Service may require, including with
respect to the prepayment of State alcohol beverage
taxes.
``(3) For purposes of this subsection--
``(A) a winery shall be considered to be licensed if that
winery holds an appropriate basic permit issued--
``(i) under the Federal Alcohol Administration Act
(27 U.S.C. 201 et seq.); and
``(ii) under the law of the State in which the
winery is located; and
``(B) a brewery shall be considered to be licensed if that
brewery--
``(i) possesses a notice of registration and bond
approved by the Alcohol and Tobacco Tax and Trade
Bureau of the Department of the Treasury; and
``(ii) is licensed to manufacture and sell beer in
the State in which the brewery is located.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(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; or
(2) 120 days after the date of enactment of this Act.
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:
``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--
``(1) the postal and shipping industry;
``(2) innovative product research and development;
``(3) marketing brand strategy;
``(4) emerging communications technology; or
``(5) business process management.
``(b) Duties.--The Chief Innovation Officer shall--
``(1) lead the development of innovative nonpostal products
and services that maximize the revenue of the Postal Service;
``(2) develop innovative postal products and services,
particularly products and services that use emerging
information technologies, to maximize the revenue of the Postal
Service;
``(3) supervise the implementation of products and services
described in paragraphs (1) and (2); and
``(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.
``(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.
``(d) Designation.--
``(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.
``(2) Condition.--The Chief Innovation Officer may not,
while serving as Chief Innovation Officer, hold any other
office or position in the Postal Service.
``(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.
``(e) Advisory Commission.--
``(1) Establishment.--There is established the Postal
Innovation Advisory Commission (hereinafter the `Commission').
``(2) Membership.--
``(A) In general.--The Commission shall be composed
of--
``(i) the Chief Innovation Officer
established under subsection (a), who shall
serve as Chairperson of the Commission; and
``(ii) 5 other members as the Postal
Regulatory Commission shall appoint, of whom--
``(I) 1 member shall have expertise
in labor;
``(II) 1 member shall have
expertise in small business issues;
``(III) 1 member shall have
expertise in consumer protection;
``(IV) 1 member shall have
expertise in small periodicals and
newspapers; and
``(V) 1 member shall have expertise
in the postal industry.
``(B) Period of appointment.--Members shall be
appointed for 5-year terms.
``(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.
``(D) Meetings.--The Commission shall meet at the
call of the Chairperson.
``(E) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
``(3) Duties of the commission.--
``(A) Study.--The Commission shall study--
``(i) additional postal and nonpostal
services that the Postal Service may offer to
raise revenue; and
``(ii) services that postal services in
foreign countries have offered to respond to
the increasing demand for high-tech services,
including--
``(I) banking and insurance
services;
``(II) communication services;
``(III) physical delivery of e-mail
correspondence to individuals who do
not have Internet access;
``(IV) scanning physical mail and
delivering that mail through e-mail;
and
``(V) communication through secure
servers.
``(B) Recommendations.--The Commission shall
generate recommendations for additional services that
the Postal Service should provide based on the study
conducted under subparagraph (A).
``(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.
``(4) Powers of the commission.--
``(A) Hearings.--The Commission may hold such
hearings, take such testimony, and receive such
evidence as is necessary to carry out this subsection.
``(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.
``(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.
``(D) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
``(5) Commission personnel matters.--
``(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.
``(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.
``(C) Staff.--
``(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.
``(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.
``(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.
``(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.
``(6) Permanent advisory commission.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
``(7) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated such sums as may be necessary to the
Commission to carry out this Act.
``(B) Availability.--Any sums appropriated under
the authorization contained in this section shall
remain available, without fiscal year limitation, until
expended.
``(f) Innovation Strategy.--
``(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--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Government
Reform of the House of Representatives; and
``(C) the Postal Regulatory Commission.
``(2) Matters to be addressed.--At a minimum, the strategy
required by this subsection shall address--
``(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;
``(B) the cost of developing and offering each
product or service;
``(C) the anticipated sales volume for each product
and service;
``(D) the anticipated revenues and profits expected
to be generated by each product and service;
``(E) the likelihood of success of each product and
service and the risks associated with the development
and sale of each product and service;
``(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; and
``(G) the metrics that will be used to assess the
effectiveness of the innovation strategy.
``(3) Strategy updates.--The Postmaster General shall--
``(A) update the strategy required under this
subsection every 2 years; and
``(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--
``(i) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(ii) the Committee on Oversight and
Government Reform of the House of
Representatives; and
``(iii) the Postal Regulatory Commission.
``(g) Report on Performance.--
``(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--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Oversight and Government
Reform of the House of Representatives; and
``(C) the Postal Regulatory Commission.
``(2) Matters to be addressed.--At a minimum, a report
under this subsection shall include--
``(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;
``(B) the total sales volume and revenue generated
by each product and service on a monthly basis for the
preceding year;
``(C) trends in each market in which a product or
service is intended to satisfy a demand;
``(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;
``(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; and
``(F) the performance of the strategy under this
section according to the metrics identified under
subsection (e)(2)(G).
``(h) Study and Report by Comptroller General.--
``(1) Study.--
``(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.
``(B) Contents.--The study under subparagraph (A)
shall include--
``(i) an audit of the costs of developing
each innovative postal and nonpostal product
and service developed or offered by the Postal
Service;
``(ii) the sales volume of each product and
service;
``(iii) the revenues and profits generated
by each product and service; and
``(iv) the likelihood of continued success
of each product and service.
``(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--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(B) the Committee on Oversight and Government
Reform of the House of Representatives.''.
(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:
``209. Innovation and accountability.''.
TITLE IV--MAINTAINING LEVELS OF SERVICE
SEC. 401. SIX-DAY DELIVERY.
Section 404a(a) of title 39, United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(4) reduce the frequency of the delivery of mail to fewer
than 6 days each week.''.
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:
``(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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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