The text of the bill below is as of Feb 9, 2006 (Passed the Senate with an Amendment). The bill was not enacted into law.
HR 22 EAS
Resolved, That the bill from the House of Representatives (H.R. 22) entitled `An Act to reform the postal laws of the United States.', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Postal Accountability and Enhancement Act'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DEFINITIONS; POSTAL SERVICES
Sec. 101. Definitions.
Sec. 102. Postal Services.
TITLE II--MODERN RATE REGULATION
Sec. 201. Provisions relating to market-dominant products.
Sec. 202. Provisions relating to competitive products.
Sec. 203. Provisions relating to experimental and new products.
Sec. 204. Reporting requirements and related provisions.
Sec. 205. Complaints; appellate review and enforcement.
Sec. 206. Clerical amendment.
TITLE III--MODERN SERVICE STANDARDS
Sec. 301. Establishment of modern service standards.
Sec. 302. Postal service plan.
TITLE IV--PROVISIONS RELATING TO FAIR COMPETITION
Sec. 401. Postal Service Competitive Products Fund.
Sec. 402. Assumed Federal income tax on competitive products income.
Sec. 403. Unfair competition prohibited.
Sec. 404. Suits by and against the Postal Service.
Sec. 405. International postal arrangements.
TITLE V--GENERAL PROVISIONS
Sec. 501. Qualification and term requirements for Governors.
Sec. 502. Obligations.
Sec. 503. Private carriage of letters.
Sec. 504. Rulemaking authority.
Sec. 505. Noninterference with collective bargaining agreements.
Sec. 506. Bonus authority.
TITLE VI--ENHANCED REGULATORY COMMISSION
Sec. 601. Reorganization and modification of certain provisions relating to the Postal Regulatory Commission.
Sec. 602. Authority for Postal Regulatory Commission to issue subpoenas.
Sec. 603. Authorization of appropriations from the Postal Service Fund.
Sec. 604. Redesignation of the Postal Rate Commission.
Sec. 605. Financial transparency.
TITLE VII--EVALUATIONS
Sec. 701. Assessments of ratemaking, classification, and other provisions.
Sec. 702. Report on universal postal service and the postal monopoly.
Sec. 703. Study on equal application of laws to competitive products.
Sec. 704. Report on postal workplace safety and workplace-related injuries.
Sec. 705. Study on recycled paper.
TITLE VIII--POSTAL SERVICE RETIREMENT AND HEALTH BENEFITS FUNDING
Sec. 801. Short title.
Sec. 802. Civil Service Retirement System.
Sec. 803. Health insurance.
Sec. 804. Repeal of disposition of savings provision.
Sec. 805. Effective dates.
TITLE IX--COMPENSATION FOR WORK INJURIES
Sec. 901. Temporary disability; continuation of pay.
Sec. 902. Disability retirement for postal employees.
TITLE X--MISCELLANEOUS
Sec. 1001. Employment of postal police officers.
Sec. 1002. Obsolete provisions.
Sec. 1003. Reduced rates.
Sec. 1004. Sense of Congress regarding Postal Service purchasing reform.
Sec. 1005. Contracts for transportation of mail by air.
TITLE I--DEFINITIONS; POSTAL SERVICES
SEC. 101. DEFINITIONS.
Section 102 of title 39, United States Code, is amended by striking `and' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting a semicolon, and by adding at the end the following:
`(5) `postal service' refers to the physical delivery of letters, printed matter, or packages weighing up to 70 pounds, including physical acceptance, collection, sorting, transportation, or other functions ancillary thereto;
`(6) `product' means a postal service with a distinct cost or market characteristic for which a rate or rates are applied;
`(7) `rates', as used with respect to products, includes fees for postal services;
`(8) `market-dominant product' or `product in the market-dominant category of mail' means a product subject to subchapter I of chapter 36; and
`(9) `competitive product' or `product in the competitive category of mail' means a product subject to subchapter II of chapter 36; and
`(10) `year', as used in chapter 36 (other than subchapters I and VI thereof), means a fiscal year.'.
SEC. 102. POSTAL SERVICES.
(a) IN GENERAL- Section 404 of title 39, United States Code, is amended--
(1) in subsection (a), by striking paragraph (6) and by redesignating paragraphs (7) through (9) as paragraphs (6) through (8), respectively; and
(2) by adding at the end the following:
`(c) Except as provided in section 411, nothing in this title shall be considered to permit or require that the Postal Service provide any special nonpostal or similar services.'.
(b) CONFORMING AMENDMENTS- (1) Section 1402(b)(1)(B)(ii) of the Victims of Crime Act of 1984 (98 Stat. 2170; 42 U.S.C. 10601(b)(1)(B)(ii)) is amended by striking `404(a)(8)' and inserting `404(a)(7)'.
(2) Section 2003(b)(1) of title 39, United States Code, is amended by striking `and nonpostal'.
TITLE II--MODERN RATE REGULATION
SEC. 201. PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS.
(a) IN GENERAL- Chapter 36 of title 39, United States Code, is amended by striking sections 3621 and 3622 and inserting the following:
`Sec. 3621. Applicability; definitions
`(a) APPLICABILITY- This subchapter shall apply with respect to--
`(1) first-class mail letters and sealed parcels;
`(2) first-class mail cards;
`(3) periodicals;
`(4) standard mail;
`(5) single-piece parcel post;
`(6) media mail;
`(7) bound printed matter;
`(8) library mail;
`(9) special services; and
`(10) single-piece international mail,
subject to any changes the Postal Regulatory Commission may make under section 3642.
`(b) RULE OF CONSTRUCTION- Mail matter referred to in subsection (a) shall, for purposes of this subchapter, be considered to have the meaning given to such mail matter under the mail classification schedule.
`Sec. 3622. Modern rate regulation
`(a) AUTHORITY GENERALLY- The Postal Regulatory Commission shall, within 12 months after the date of enactment of this section, by regulation establish (and may from time to time thereafter by regulation revise) a modern system for regulating rates and classes for market-dominant products.
`(b) OBJECTIVES- Such system shall be designed to achieve the following objectives, each of which shall be applied in conjunction with the others:
`(1) To reduce the administrative burden and increase the transparency of the ratemaking process while affording reasonable opportunities for interested parties to participate in that process.
`(2) To create predictability and stability in rates.
`(3) To maximize incentives to reduce costs and increase efficiency.
`(4) To enhance mail security and deter terrorism by promoting secure, sender-identified mail.
`(5) To allow the Postal Service pricing flexibility, including the ability to use pricing to promote intelligent mail and encourage increased mail volume during nonpeak periods.
`(6) To assure adequate revenues, including retained earnings, to maintain financial stability and meet the service standards established under section 3691.
`(7) To allocate the total institutional costs of the Postal Service equitably between market-dominant and competitive products.
`(8) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Postal Service from making changes of unequal magnitude within, between, or among classes of mail.
`(c) FACTORS- In establishing or revising such system, the Postal Regulatory Commission shall take into account--
`(1) the value of the mail service actually provided each class or type of mail service to both the sender and the recipient, including but not limited to the collection, mode of transportation, and priority of delivery;
`(2) the requirement that each class of mail or type of mail service bear the direct and indirect postal costs attributable to each class or type of mail service through reliably identified causal relationships plus that portion of all other costs of the Postal Service reasonably assignable to such class or type;
`(3) the effect of rate increases upon the general public, business mail users, and enterprises in the private sector of the economy engaged in the delivery of mail matter other than letters;
`(4) the available alternative means of sending and receiving letters and other mail matter at reasonable costs;
`(5) the degree of preparation of mail for delivery into the postal system performed by the mailer and its effect upon reducing costs to the Postal Service;
`(6) simplicity of structure for the entire schedule and simple, identifiable relationships between the rates or fees charged the various classes of mail for postal services;
`(7) the importance of pricing flexibility to encourage increased mail volume and operational efficiency;
`(8) the relative value to the people of the kinds of mail matter entered into the postal system and the desirability and justification for special classifications and services of mail;
`(9) the importance of providing classifications with extremely high degrees of reliability and speed of delivery and of providing those that do not require high degrees of reliability and speed of delivery;
`(10) the desirability of special classifications from the point of view of both the user and of the Postal Service;
`(11) the educational, cultural, scientific, and informational value to the recipient of mail matter;
`(12) the need for the Postal Service to increase its efficiency and reduce its costs, including infrastructure costs, to help maintain high quality, affordable, universal postal service; and
`(13) the policies of this title as well as such other factors as the Commission determines appropriate.
`(d) REQUIREMENTS-
`(1) IN GENERAL- The system for regulating rates and classes for market-dominant products shall--
`(A) include an annual limitation on the percentage changes in rates to be set by the Postal Regulatory Commission that will be equal to the change in the Consumer Price Index for All Urban Consumers unadjusted for seasonal variation over the most recent available 12-month period preceding the date the Postal Service files notice of its intention to increase rates;
`(B) establish a schedule whereby rates, when necessary and appropriate, would change at regular intervals by predictable amounts;
`(C) not later than 45 days before the implementation of any adjustment in rates under this section--
`(i) require the Postal Service to provide public notice of the adjustment;
`(ii) provide an opportunity for review by the Postal Regulatory Commission;
`(iii) provide for the Postal Regulatory Commission to notify the Postal Service of any noncompliance of the adjustment with the limitation under subparagraph (A); and
`(iv) require the Postal Service to respond to the notice provided under clause (iii) and describe the actions to be taken to comply with the limitation under subparagraph (A);
`(D) establish procedures whereby the Postal Service may adjust rates not in excess of the annual limitations under subparagraph (A); and
`(E) notwithstanding any limitation set under subparagraphs (A) and (C), establish procedures whereby rates may be adjusted on an expedited basis due to unexpected and extraordinary circumstances.
`(2) LIMITATIONS-
`(A) CLASSES OF MAIL- Except as provided under subparagraph (C), the annual limitations under paragraph (1)(A) shall apply to a class of mail, as defined in the Domestic Mail Classification Schedule as in effect on the date of enactment of the Postal Accountability and Enhancement Act.
`(B) ROUNDING OF RATES AND FEES- Nothing in this subsection shall preclude the Postal Service from rounding rates and fees to the nearest whole integer, if the effect of such rounding does not cause the overall rate increase for any class to exceed the Consumer Price Index for All Urban Consumers.
`(C) USE OF UNUSED RATE AUTHORITY-
`(i) DEFINITION- In this subparagraph, the term `unused rate adjustment authority' means the difference between--
`(I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and
`(II) the amount of the rate adjustment the Postal Service actually makes in that year.
`(ii) AUTHORITY- Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred.
`(iii) LIMITATIONS- In exercising the authority under clause (ii) in any year, the Postal Service--
`(I) may use unused rate adjustment authority from more than 1 year;
`(II) may use any part of the unused rate adjustment authority from any year;
`(III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and
`(IV) for any class or service, may not exceed the annual limitation under paragraph (1) by more than 2 percentage points.
`(e) WORKSHARE DISCOUNTS-
`(1) DEFINITION- In this subsection, the term `workshare discount' refers to rate discounts provided to mailers for the presorting, prebarcoding, handling, or transportation of mail, as further defined by the Postal Regulatory Commission under subsection (a).
`(2) REGULATIONS- As part of the regulations established under subsection (a), the Postal Regulatory Commission shall establish rules for workshare discounts that ensure that such discounts do not exceed the cost that the Postal Service avoids as a result of workshare activity, unless--
`(A) the discount is--
`(i) associated with a new postal service, a change to an existing postal service, or with a new workshare initiative related to an existing postal service; and
`(ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service and the portion of the discount in excess of the cost that the Postal Service avoids as a result of the workshare activity will be phased out over a limited period of time;
`(B) a reduction in the discount would--
`(i) lead to a loss of volume in the affected category or subclass of mail and reduce the aggregate contribution to the institutional costs of the Postal Service from the category or subclass subject to the discount below what it otherwise would have been if the discount had not been reduced to costs avoided;
`(ii) result in a further increase in the rates paid by mailers not able to take advantage of the discount; or
`(iii) impede the efficient operation of the Postal Service;
`(C) the amount of the discount above costs avoided--
`(i) is necessary to mitigate rate shock; and
`(ii) will be phased out over time; or
`(D) the discount is provided in connection with subclasses of mail consisting exclusively of mail matter of educational, cultural, scientific, or informational value.
`(3) REPORT- Whenever the Postal Service establishes or maintains a workshare discount, the Postal Service shall, at the time it publishes the workshare discount rate, submit to the Postal Regulatory Commission a detailed report that--
`(A) explains the Postal Service's reasons for establishing or maintaining the rate;
`(B) sets forth the data, economic analyses, and other information relied on by the Postal Service to justify the rate; and
`(C) certifies that the discount will not adversely affect rates or services provided to users of postal services who do not take advantage of the discount rate.
`(f) Transition Rule- For the 1-year period beginning on the date of enactment of this section, rates and classes for market-dominant products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were last in effect before the date of enactment of this section. Proceedings initiated to consider a request for a recommended decision filed by the Postal Service during that 1-year period shall be completed in accordance with subchapter II of chapter 36 of this title and implementing regulations, as in effect before the date of enactment of this section.'.
(b) REPEALED SECTIONS- Sections 3623, 3624, 3625, and 3628 of title 39, United States Code, are repealed.
(c) REDESIGNATION- Chapter 36 of title 39, United States Code (as in effect after the amendment made by section 601, but before the amendment made by section 202) is amended by striking the heading for subchapter II and inserting the following:
`SUBCHAPTER I--PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS'.
SEC. 202. PROVISIONS RELATING TO COMPETITIVE PRODUCTS.
Chapter 36 of title 39, United States Code, is amended by inserting after section 3629 the following:
`SUBCHAPTER II--PROVISIONS RELATING TO COMPETITIVE PRODUCTS
`Sec. 3631. Applicability; definitions and updates
`(a) APPLICABILITY- This subchapter shall apply with respect to--
`(1) priority mail;
`(2) expedited mail;
`(3) bulk parcel post;
`(4) bulk international mail; and
`(5) mailgrams;
subject to subsection (d) and any changes the Postal Regulatory Commission may make under section 3642.
`(b) DEFINITION- For purposes of this subchapter, the term `costs attributable', as used with respect to a product, means the direct and indirect postal costs attributable to such product through reliably identified causal relationships.
`(c) RULE OF CONSTRUCTION- Mail matter referred to in subsection (a) shall, for purposes of this subchapter, be considered to have the meaning given to such mail matter under the mail classification schedule.
`(d) LIMITATION- Notwithstanding any other provision of this section, nothing in this subchapter shall be considered to apply with respect to any product then currently in the market-dominant category of mail.
`Sec. 3632. Action of the Governors
`(a) AUTHORITY TO ESTABLISH RATES AND CLASSES- The Governors, with the written concurrence of a majority of all of the Governors then holding office, shall establish rates and classes for products in the competitive category of mail in accordance with the requirements of this subchapter and regulations promulgated under section 3633.
`(b) PROCEDURES-
`(1) IN GENERAL- Rates and classes shall be established in writing, complete with a statement of explanation and justification, and the date as of which each such rate or class takes effect.
`(2) PUBLIC NOTICE; REVIEW; AND COMPLIANCE- Not later than 30 days before the date of implementation of any adjustment in rates under this section--
`(A) the Governors shall provide public notice of the adjustment and an opportunity for review by the Postal Regulatory Commission;
`(B) the Postal Regulatory Commission shall notify the Governors of any noncompliance of the adjustment with section 3633; and
`(C) the Governors shall respond to the notice provided under subparagraph (B) and describe the actions to be taken to comply with section 3633.
`(c) TRANSITION RULE- Until regulations under section 3633 first take effect, rates and classes for competitive products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were as last in effect before the date of enactment of this section.
`Sec. 3633. Provisions applicable to rates for competitive products
`(a) IN GENERAL- The Postal Regulatory Commission shall, within 180 days after the date of enactment of this section, promulgate (and may from time to time thereafter revise) regulations to--
`(1) prohibit the subsidization of competitive products by market-dominant products;
`(2) ensure that each competitive product covers its costs attributable; and
`(3) ensure that all competitive products collectively cover their share of the institutional costs of the Postal Service.
`(b) REVIEW OF MINIMUM CONTRIBUTION- Five years after the date of enactment of this section, and every 5 years thereafter, the Postal Regulatory Commission shall conduct a review to determine whether the institutional costs contribution requirement under subsection (a)(3) should be retained in its current form, modified, or eliminated. In making its determination, the Commission shall consider all relevant circumstances, including the prevailing competitive conditions in the market, and the degree to which any costs are uniquely or disproportionately associated with any competitive products.'.
SEC. 203. PROVISIONS RELATING TO EXPERIMENTAL AND NEW PRODUCTS.
Subchapter III of chapter 36 of title 39, United States Code, is amended to read as follows:
`SUBCHAPTER III--PROVISIONS RELATING TO EXPERIMENTAL AND NEW PRODUCTS
`Sec. 3641. Market tests of experimental products
`(a) AUTHORITY-
`(1) IN GENERAL- The Postal Service may conduct market tests of experimental products in accordance with this section.
`(2) PROVISIONS WAIVED- A product shall not, while it is being tested under this section, be subject to the requirements of sections 3622, 3633, or 3642, or regulations promulgated under those sections.
`(b) CONDITIONS- A product may not be tested under this section unless it satisfies each of the following:
`(1) SIGNIFICANTLY DIFFERENT PRODUCT- The product is, from the viewpoint of the mail users, significantly different from all products offered by the Postal Service within the 2-year period preceding the start of the test.
`(2) MARKET DISRUPTION- The introduction or continued offering of the product will not create an unfair or otherwise inappropriate competitive advantage for the Postal Service or any mailer, particularly in regard to small business concerns (as defined under subsection (h)).
`(3) CORRECT CATEGORIZATION- The Postal Service identifies the product, for the purpose of a test under this section, as either market-dominant or competitive, consistent with the criteria under section 3642(b)(1). Costs and revenues attributable to a product identified as competitive shall be included in any determination under section 3633(3)(relating to provisions applicable to competitive products collectively). Any test that solely affects products currently classified as competitive, or which provides services ancillary to only competitive products, shall be presumed to be in the competitive product category without regard to whether a similar ancillary product exists for market-dominant products.
`(c) NOTICE-
`(1) IN GENERAL- At least 30 days before initiating a market test under this section, the Postal Service shall file with the Postal Regulatory Commission and publish in the Federal Register a notice--
`(A) setting out the basis for the Postal Service's determination that the market test is covered by this section; and
`(B) describing the nature and scope of the market test.
`(2) SAFEGUARDS- For a competitive experimental product, the provisions of section 504(g) shall be available with respect to any information required to be filed under paragraph (1) to the same extent and in the same manner as in the case of any matter described in section 504(g)(1). Nothing in paragraph (1) shall be considered to permit or require the publication of any information as to which confidential treatment is accorded under the preceding sentence (subject to the same exception as set forth in section 504(g)(3)).
`(d) DURATION-
`(1) IN GENERAL- A market test of a product under this section may be conducted over a period of not to exceed 24 months.
`(2) EXTENSION AUTHORITY- If necessary in order to determine the feasibility or desirability of a product being tested under this section, the Postal Regulatory Commission may, upon written application of the Postal Service (filed not later than 60 days before the date as of which the testing of such product would otherwise be scheduled to terminate under paragraph (1)), extend the testing of such product for not to exceed an additional 12 months.
`(e) DOLLAR-AMOUNT LIMITATION-
`(1) IN GENERAL- A product may only be tested under this section if the total revenues that are anticipated, or in fact received, by the Postal Service from such product do not exceed $10,000,000 in any year, subject to paragraph (2) and subsection (g).
`(2) EXEMPTION AUTHORITY- The Postal Regulatory Commission may, upon written application of the Postal Service, exempt the market test from the limit in paragraph (1) if the total revenues that are anticipated, or in fact received, by the Postal Service from such product do not exceed $50,000,000 in any year, subject to subsection (g). In reviewing an application under this paragraph, the Postal Regulatory Commission shall approve such application if it determines that--
`(A) the product is likely to benefit the public and meet an expected demand;
`(B) the product is likely to contribute to the financial stability of the Postal Service; and
`(C) the product is not likely to result in unfair or otherwise inappropriate competition.
`(f) CANCELLATION- If the Postal Regulatory Commission at any time determines that a market test under this section fails to meet 1 or more of the requirements of this section, it may order the cancellation of the test involved or take such other action as it considers appropriate. A determination under this subsection shall be made in accordance with such procedures as the Commission shall by regulation prescribe.
`(g) ADJUSTMENT FOR INFLATION- For purposes of each year following the year in which occurs the deadline for the Postal Service's first report to the Postal Regulatory Commission under section 3652(a), each dollar amount contained in this section shall be adjusted by the change in the Consumer Price Index for such year (as determined under regulations of the Commission).
`(h) DEFINITION OF A SMALL BUSINESS CONCERN- The criteria used in defining small business concerns or otherwise categorizing business concerns as small business concerns shall, for purposes of this section, be established by the Postal Regulatory Commission in conformance with the requirements of section 3 of the Small Business Act.
`(i) EFFECTIVE DATE- Market tests under this subchapter may be conducted in any year beginning with the first year in which occurs the deadline for the Postal Service's first report to the Postal Regulatory Commission under section 3652(a).
`Sec. 3642. New products and transfers of products between the market-dominant and competitive categories 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 list of market-dominant products under section 3621 and the list of competitive products under section 3631 by adding new products to the lists, removing products from the lists, or transferring products between the lists.
`(b) CRITERIA- All determinations by the Postal Regulatory Commission under subsection (a) shall be made in accordance with the following criteria:
`(1) The market-dominant category of products shall consist of each product 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 substantial business to other firms offering similar products. The competitive category of products shall consist of all other products.
`(2) EXCLUSION OF PRODUCTS COVERED BY POSTAL MONOPOLY- A product covered by the postal monopoly shall not be subject to transfer under this section from the market-dominant category of mail. 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).
`(3) ADDITIONAL CONSIDERATIONS- In making any decision under this section, due regard shall be given to--
`(A) the availability and nature of enterprises in the private sector engaged in the delivery of the product involved;
`(B) the views of those who use the product involved on the appropriateness of the proposed action; and
`(C) the likely impact of the proposed action on small business concerns (within the meaning of section 3641(h)).
`(c) TRANSFERS OF SUBCLASSES AND OTHER SUBORDINATE UNITS ALLOWABLE- Nothing in this title shall be considered to prevent transfers under this section from being made by reason of the fact that they would involve only some (but not all) of the subclasses or other subordinate units of the class of mail or type of postal service involved (without regard to satisfaction of minimum quantity requirements standing alone).
`(d) NOTIFICATION AND PUBLICATION REQUIREMENTS-
`(1) NOTIFICATION REQUIREMENT- The Postal Service shall, whenever it requests to add a product or transfer a product to a different category, 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) and, in the case of a request to add a product or transfer a product to the competitive category of mail, that the product meets the regulations promulgated by the Postal Regulatory Commission under section 3633. The provisions of section 504(g) shall be available with respect to any information required to be filed.
`(2) PUBLICATION REQUIREMENT- The Postal Regulatory Commission shall, whenever it changes the list of products in the market-dominant or competitive category of mail, prescribe new lists of products. The revised lists shall indicate how and when any previous lists (including the lists under sections 3621 and 3631) are superseded, and shall be published in the Federal Register.
`(e) PROHIBITION- Except as provided in section 3641, no product that involves the physical delivery of letters, printed matter, or packages may be offered by the Postal Service unless it has been assigned to the market-dominant or competitive category of mail (as appropriate) either--
`(1) under this subchapter; or
`(2) by or under any other provision of law.'.
SEC. 204. REPORTING REQUIREMENTS AND RELATED PROVISIONS.
(a) REDESIGNATION- Chapter 36 of title 39, United States Code (as in effect before the amendment made by subsection (b)) is amended--
(1) by striking the heading for subchapter IV and inserting the following:
`SUBCHAPTER V--POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW'; and
(2) by striking the heading for subchapter V and inserting the following:
`SUBCHAPTER VI--GENERAL'.
(b) REPORTS AND COMPLIANCE- Chapter 36 of title 39, United States Code, is amended by inserting after subchapter III the following:
`SUBCHAPTER IV--REPORTING REQUIREMENTS AND RELATED PROVISIONS
`Sec. 3651. Annual reports by the Commission
`(a) IN GENERAL- The Postal Regulatory Commission shall submit an annual report to the President and the Congress concerning the operations of the Commission under this title, including the extent to which regulations are achieving the objectives under sections 3622, 3633, and 3691.
`(b) INFORMATION FROM POSTAL SERVICE- The Postal Service shall provide the Postal Regulatory Commission with such information as may, in the judgment of the Commission, be necessary in order for the Commission to prepare its reports under this section.
`Sec. 3652. Annual reports to the Commission
`(a) COSTS, REVENUES, RATES, AND SERVICE- Except as provided in subsection (c), the Postal Service shall, no later than 90 days after the end of each year, prepare and submit to the Postal Regulatory Commission a report (together with such nonpublic annex to the report as the Commission may require under subsection (e))--
`(1) which shall analyze costs, revenues, rates, and quality of service in sufficient detail to demonstrate that all products during such year complied with all applicable requirements of this title; and
`(2) which shall, for each market-dominant product provided in such year, provide--
`(A) product information, including mail volumes; and
`(B) measures of the service afforded by the Postal Service in connection with such product, including--
`(i) the level of service (described in terms of speed of delivery and reliability) provided; and
`(ii) the degree of customer satisfaction with the service provided.
Before submitting a report under this subsection (including any annex to the report and the information required under subsection (b)), the Postal Service shall have the information contained in such report (and annex) audited by the Inspector General. The results of any such audit shall be submitted along with the report to which it pertains.
`(b) INFORMATION RELATING TO WORKSHARE DISCOUNTS- The Postal Service shall include, in each report under subsection (a), the following information with respect to each market-dominant product for which a workshare discount was in effect during the period covered by such report:
`(1) The per-item cost avoided by the Postal Service by virtue of such discount.
`(2) The percentage of such per-item cost avoided that the per-item workshare discount represents.
`(3) The per-item contribution made to institutional costs.
`(c) SERVICE AGREEMENTS AND MARKET TESTS- In carrying out subsections (a) and (b) with respect to service agreements and experimental products offered through market tests under section 3641 in a year, the Postal Service--
`(1) may report summary data on the costs, revenues, and quality of service by service agreement and market test; and
`(2) shall report such data as the Postal Regulatory Commission requires.
`(d) SUPPORTING MATTER- The Postal Regulatory Commission shall have access, in accordance with such regulations as the Commission shall prescribe, to the working papers and any other supporting matter of the Postal Service and the Inspector General in connection with any information submitted under this section.
`(e) CONTENT AND FORM OF REPORTS-
`(1) IN GENERAL- The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the public reports (and any nonpublic annex and supporting matter relating to the report) to be provided by the Postal Service under this section. In carrying out this subsection, the Commission shall give due consideration to--
`(A) providing the public with timely, adequate information to assess the lawfulness of rates charged;
`(B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and
`(C) protecting the confidentiality of commercially sensitive information.
`(2) REVISED REQUIREMENTS- The Commission may, on its own motion or on request of an interested party, initiate proceedings (to be conducted in accordance with regulations that the Commission shall prescribe) to improve the quality, accuracy, or completeness of Postal Service data required by the Commission under this subsection whenever it shall appear that--
`(A) the attribution of costs or revenues to products has become significantly inaccurate or can be significantly improved;
`(B) the quality of service data has become significantly inaccurate or can be significantly improved; or
`(C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.
`(f) CONFIDENTIAL INFORMATION-
`(1) IN GENERAL- If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section or under subsection (d) contains information which is described in section 410(c) of this title, or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor.
`(2) TREATMENT- Any information or other matter described in paragraph (1) to which the Commission gains access under this section shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Commission had received notification with respect to such matter under section 504(g)(1).
`(g) OTHER REPORTS- The Postal Service shall submit to the Postal Regulatory Commission, together with any other submission that the Postal Service is required to make under this section in a year, copies of its then most recent--
`(1) comprehensive statement under section 2401(e);
`(2) strategic plan under section 2802;
`(3) performance plan under section 2803; and
`(4) program performance reports under section 2804.
`Sec. 3653. Annual determination of compliance
`(a) OPPORTUNITY FOR PUBLIC COMMENT- After receiving the reports required under section 3652 for any year, the Postal Regulatory Commission shall promptly provide an opportunity for comment on such reports by users of the mails, affected parties, and an officer of the Commission who shall be required to represent the interests of the general public.
`(b) DETERMINATION OF COMPLIANCE OR NONCOMPLIANCE- Not later than 90 days after receiving the submissions required under section 3652 with respect to a year, the Postal Regulatory Commission shall make a written determination as to--
`(1) whether any rates or fees in effect during such year (for products individually or collectively) were not in compliance with applicable provisions of this chapter (or regulations promulgated thereunder); or
`(2) whether any service standards in effect during such year were not met.
If, with respect to a year, no instance of noncompliance is found under this subsection to have occurred in such year, the written determination shall be to that effect.
`(c) IF ANY NONCOMPLIANCE IS FOUND- If, for a year, a timely written determination of noncompliance is made under subsection (b), the Postal Regulatory Commission shall take any appropriate remedial action authorized by section 3662(c).
`(d) REBUTTABLE PRESUMPTION- A timely written determination described in the last sentence of subsection (b) shall, for purposes of any proceeding under section 3662, create a rebuttable presumption of compliance by the Postal Service (with regard to the matters described under paragraphs (1) and (2) of subsection (b)) during the year to which such determination relates.'.
SEC. 205. COMPLAINTS; APPELLATE REVIEW AND ENFORCEMENT.
Chapter 36 of title 39, United States Code, is amended by striking sections 3662 and 3663 and inserting the following:
`Sec. 3662. Rate and service complaints
`(a) In General- Any interested party (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of chapter 1 (except section 101(c)), sections 401, 403, 404, 404a, 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.
`(b) Prompt Response Required-
`(1) IN GENERAL- The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)--
`(A) either--
`(i) upon a finding that such complaint raises substantial and material issues of fact or law, begin proceedings on such complaint; or
`(ii) issue an order dismissing the complaint; and
`(B) with respect to any action taken under subparagraph (A) (i) or (ii), issue a written statement setting forth the bases of its determination.
`(2) TREATMENT OF COMPLAINTS NOT TIMELY ACTED ON- For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed under an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).
`(c) Action Required if Complaint Found To Be Justified- If the Postal Regulatory Commission finds upon clear and convincing evidence the complaint to be justified, it shall order that the Postal Service take such action as is necessary to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance.
`(d) Authority To Order Fines in Cases of Deliberate Noncompliance- In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.
`Sec. 3663. Appellate review
`A person, including the Postal Service, adversely affected or aggrieved by a final order or decision of the Postal Regulatory Commission may, within 30 days after such order or decision becomes final, institute proceedings for review thereof by filing a petition in the United States Court of Appeals for the District of Columbia. The court shall review the order or decision in accordance with section 706 of title 5, and chapter 158 and section 2112 of title 28, on the basis of the record before the Commission.
`Sec. 3664. Enforcement of orders
`The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain the Postal Service from violating, any order issued by the Postal Regulatory Commission.'.
SEC. 206. CLERICAL AMENDMENT.
Chapter 36 of title 39, United States Code, is amended by striking the heading and analysis for such chapter and inserting the following:
`CHAPTER 36--POSTAL RATES, CLASSES, AND SERVICES
`SUBCHAPTER I--PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS
`Sec.
`3621. Applicability; definitions.
`3622. Modern rate regulation.
`[3623. Repealed.]
`[3624. Repealed.]
`[3625. Repealed.]
`3626. Reduced Rates.
`3627. Adjusting free rates.
`[3628. Repealed.]
`3629. Reduced rates for voter registration purposes.
`SUBCHAPTER II--PROVISIONS RELATING TO COMPETITIVE PRODUCTS
`3631. Applicability; definitions and updates.
`3632. Action of the Governors.
`3633. Provisions applicable to rates for competitive products.
`3634. Assumed Federal income tax on competitive products.
`SUBCHAPTER III--PROVISIONS RELATING TO EXPERIMENTAL AND NEW PRODUCTS
`3641. Market tests of experimental products.
`3642. New products and transfers of products between the market-dominant and competitive categories of mail.
`SUBCHAPTER IV--REPORTING REQUIREMENTS AND RELATED PROVISIONS
`3651. Annual reports by the Commission.
`3652. Annual reports to the Commission.
`3653. Annual determination of compliance.
`SUBCHAPTER V--POSTAL SERVICES, COMPLAINTS, AND JUDICIAL REVIEW
`3661. Postal Services.
`3662. Rate and service complaints.
`3663. Appellate review.
`3664. Enforcement of orders.
`SUBCHAPTER VI--GENERAL
`3681. Reimbursement.
`3682. Size and weight limits.
`3683. Uniform rates for books; films, other materials.
`3684. Limitations.
`3685. Filing of information relating to periodical publications.
`3686. Bonus authority.
`SUBCHAPTER VII--MODERN SERVICE STANDARDS
`3691. Establishment of modern service standards.'.
TITLE III--MODERN SERVICE STANDARDS
SEC. 301. ESTABLISHMENT OF MODERN SERVICE STANDARDS.
Chapter 36 of title 39, United States Code, as amended by this Act, is further amended by adding at the end the following:
`SUBCHAPTER VII--MODERN SERVICE STANDARDS
`Sec. 3691. Establishment of modern service standards
`(a) AUTHORITY GENERALLY- Not later than 12 months after the date of enactment of this section, the Postal Service shall, in consultation with the Postal Regulatory Commission, by regulation establish (and may from time to time thereafter by regulation revise) a set of service standards for market-dominant products consistent with the Postal Service's universal service obligation as defined in sections 101 (a) and (b) and 403.
`(b) OBJECTIVES- Such standards shall be designed to achieve the following objectives:
`(1) To enhance the value of postal services to both senders and recipients.
`(2) To preserve regular and effective access to postal services in all communities, including those in rural areas or where post offices are not self-sustaining.
`(3) To reasonably assure Postal Service customers delivery reliability, speed and frequency consistent with reasonable rates and best business practices.
`(4) To provide a system of objective external performance measurements for each market-dominant product as a basis for measurement of Postal Service performance.
`(c) FACTORS- In establishing or revising such standards, the Postal Service shall take into account--
`(1) the actual level of service that Postal Service customers receive under any service guidelines previously established by the Postal Service or service standards established under this section;
`(2) the degree of customer satisfaction with Postal Service performance in the acceptance, processing and delivery of mail;
`(3) the needs of Postal Service customers, including those with physical impairments;
`(4) mail volume and revenues projected for future years;
`(5) the projected growth in the number of addresses the Postal Service will be required to serve in future years;
`(6) the current and projected future cost of serving Postal Service customers;
`(7) the effect of changes in technology, demographics, and population distribution on the efficient and reliable operation of the postal delivery system; and
`(8) the policies of this title and such other factors as the Postal Service determines appropriate.
`(d) REVIEW- The regulations promulgated pursuant to this section (and any revisions thereto) shall be subject to review upon complaint under sections 3662 and 3663.'.
SEC. 302. POSTAL SERVICE PLAN.
(a) IN GENERAL- Within 6 months after the establishment of the service standards under section 3691 of title 39, United States Code, as added by this Act, the Postal Service shall, in consultation with the Postal Regulatory Commission, develop and submit to Congress a plan for meeting those standards.
(b) CONTENTS- The plan under this section shall--
(1) establish performance goals;
(2) describe any changes to the Postal Service's processing, transportation, delivery, and retail networks necessary to allow the Postal Service to meet the performance goals;
(3) describe any changes to planning and performance management documents previously submitted to Congress to reflect new performance goals; and
(4) contain the matters relating to postal facilities provided under subsection (c).
(c) POSTAL FACILITIES-
(1) FINDINGS- Congress finds that--
(A) the Postal Service has more than 400 logistics facilities, separate from its post office network;
(B) as noted by the President's Commission on the United States Postal Service, the Postal Service has more facilities than it needs and the streamlining of this distribution network can pave the way for the potential consolidation of sorting facilities and the elimination of excess costs;
(C) the Postal Service has always revised its distribution network to meet changing conditions and is best suited to address its operational needs; and
(D) Congress strongly encourages the Postal Service to--
(i) expeditiously move forward in its streamlining efforts; and
(ii) keep unions, management associations, and local elected officials informed as an essential part of this effort and abide by any procedural requirements contained in the national bargaining agreements.
(2) IN GENERAL- The Postal Service plan shall include a description of--
(A) the long-term vision of the Postal Service for rationalizing its infrastructure and workforce; and
(B) how the Postal Service intends to implement that vision.
(3) CONTENT OF FACILITIES PLAN- The plan under this subsection shall include--
(A) a strategy for how the Postal Service intends to rationalize the postal facilities network and remove excess processing capacity and space from the network, including estimated timeframes, criteria, and processes to be used for making changes to the facilities network, and the process for engaging policy makers and the public in related decisions;
(B) a discussion of what impact any facility changes may have on the postal workforce and whether the Postal Service has sufficient flexibility to make needed workforce changes;
(C) an identification of anticipated costs, cost savings, and other benefits associated with the infrastructure rationalization alternatives discussed in the plan; and
(D) procedures that the Postal Service will use to--
(i) provide adequate public notice to communities potentially affected by a proposed rationalization decision;
(ii) make available, upon request, any data, analyses, or other information considered by the Postal Service in making the proposed decision;
(iii) afford affected persons ample opportunity to provide input on the proposed decision; and
(iv) take such comments into account in making a final decision.
(4) ANNUAL REPORTS-
(A) IN GENERAL- Not later than 90 days after the end of each fiscal year, the Postal Service shall prepare and submit a report to Congress on how postal decisions have impacted or will impact rationalization plans.
(B) CONTENTS- Each report under this paragraph shall include--
(i) an account of actions taken during the preceding fiscal year to improve the efficiency and effectiveness of its processing, transportation, and distribution networks while preserving the timely delivery of postal services, including overall estimated costs and cost savings;
(ii) an account of actions taken to identify any excess capacity within its processing, transportation, and distribution networks and implement savings through realignment or consolidation of facilities including overall estimated costs and cost savings;
(iii) an estimate of how postal decisions related to mail changes, security, automation initiatives, worksharing, information technology systems, excess capacity, consolidating and closing facilities, and other areas will impact rationalization plans;
(iv) identification of any statutory or regulatory obstacles that prevented or will prevent or hinder the Postal Service from taking action to realign or consolidate facilities; and
(v) such additional topics and recommendations as the Postal Service considers appropriate.
(5) EXISTING EFFORTS- Effective on the date of enactment of this Act, the Postal Service may not close or consolidate any processing or logistics facilities without using procedures for public notice and input consistent with those described under paragraph (3)(D).
(d) ALTERNATE RETAIL OPTIONS- The Postal Service plan shall include plans to expand and market retail access to postal services, in addition to post offices, including--
(1) vending machines;
(2) the Internet;
(3) postage meters;
(4) Stamps by Mail;
(5) Postal Service employees on delivery routes;
(6) retail facilities in which overhead costs are shared with private businesses and other government agencies; or
(7) any other nonpost office access channel providing market retail access to postal services.
(e) REEMPLOYMENT ASSISTANCE AND RETIREMENT BENEFITS- The Postal Service plan shall include--
(1) a plan under which reemployment assistance shall be afforded to employees displaced as a result of the automation of any of its functions or the closing and consolidation of any of its facilities; and
(2) a plan, developed in consultation with the Office of Personnel Management, to offer early retirement benefits.
(f) INSPECTOR GENERAL REPORT-
(1) IN GENERALBefore submitting the plan under subsection (a) and each annual report under subsection (c) to Congress, the Postal Service shall submit the plan and each annual report to the Inspector General of the United States Postal Service in a timely manner to carry out this subsection.
(2) REPORT- The Inspector General shall prepare a report describing the extent to which the Postal Service plan and each annual report under subsection (c)--
(A) are consistent with the continuing obligations of the Postal Service under title 39, United States Code;
(B) provide for the Postal Service to meet the service standards established under section 3691 of title 39, United States Code; and
(C) allow progress toward improving overall efficiency and effectiveness consistent with the need to maintain universal postal service at affordable rates.
(g) CONTINUED AUTHORITY- Nothing in this section shall be construed to prohibit the Postal Service from implementing any change to its processing, transportation, delivery, and retail networks under any authority granted to the Postal Service for those purposes.
TITLE IV--PROVISIONS RELATING TO FAIR COMPETITION
SEC. 401. POSTAL SERVICE COMPETITIVE PRODUCTS FUND.
(a) PROVISIONS RELATING TO POSTAL SERVICE COMPETITIVE PRODUCTS FUND AND RELATED MATTERS-
(1) IN GENERAL- Chapter 20 of title 39, United States Code, is amended by adding at the end the following:
`Sec. 2011. Provisions relating to competitive products
`(a)(1) In this subsection, the term `costs attributable' has the meaning given such term by section 3631.
`(2) There is established in the Treasury of the United States a revolving fund, to be called the Postal Service Competitive Products Fund, which shall be available to the Postal Service without fiscal year limitation for the payment of--
`(A) costs attributable to competitive products; and
`(B) all other costs incurred by the Postal Service, to the extent allocable to competitive products.
`(b) There shall be deposited in the Competitive Products Fund, subject to withdrawal by the Postal Service--
`(1) revenues from competitive products;
`(2) amounts received from obligations issued by Postal Service under subsection (e);
`(3) interest and dividends earned on investments of the Competitive Products Fund; and
`(4) any other receipts of the Postal Service (including from the sale of assets), to the extent allocable to competitive products.
`(c) If the Postal Service determines that the moneys of the Competitive Products Fund are in excess of current needs, the Postal Service may request the investment of such amounts as the Postal Service determines advisable by the Secretary of the Treasury in obligations of, or obligations guaranteed by, the Government of the United States, and, with the approval of the Secretary, in such other obligations or securities as the Postal Service determines appropriate.
`(d) With the approval of the Secretary of the Treasury, the Postal Service may deposit moneys of the Competitive Products Fund in any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Postal Service and the Secretary may mutually agree.
`(e)(1)(A) Subject to the limitations specified in section 2005(a), the Postal Service is authorized to borrow money and to issue and sell such obligations as the Postal Service determines necessary to provide for competitive products and deposit such amounts in the Competitive Products Fund.
`(B) Subject to paragraph (5), any borrowings by the Postal Service under subparagraph (A) shall be supported and serviced by--
`(i) the revenues and receipts from competitive products and the assets related to the provision of competitive products (as determined under subsection (h)); or
`(ii) for purposes of any period before accounting practices and principles under subsection (h) have been established and applied, the best information available from the Postal Service, including the audited statements required by section 2008(e).
`(2) The Postal Service may enter into binding covenants with the holders of such obligations, and with any trustee under any agreement entered into in connection with the issuance of such obligations with respect to--
`(A) the establishment of reserve, sinking, and other funds;
`(B) application and use of revenues and receipts of the Competitive Products Fund;
`(C) stipulations concerning the subsequent issuance of obligations or the execution of leases or lease purchases relating to properties of the Postal Service; and
`(D) such other matters as the Postal Service, considers necessary or desirable to enhance the marketability of such obligations.
`(3) Obligations issued by the Postal Service under this subsection--
`(A) shall be in such forms and denominations;
`(B) shall be sold at such times and in such amounts;
`(C) shall mature at such time or times;
`(D) shall be sold at such prices;
`(E) shall bear such rates of interest;
`(F) may be redeemable before maturity in such manner, at such times, and at such redemption premiums;
`(G) may be entitled to such relative priorities of claim on the assets of the Postal Service with respect to principal and interest payments; and
`(H) shall be subject to such other terms and conditions,
as the Postal Service determines.
`(4) Obligations issued by the Postal Service under this subsection--
`(A) shall be negotiable or nonnegotiable and bearer or registered instruments, as specified therein and in any indenture or covenant relating thereto;
`(B) shall contain a recital that such obligations are issued under this subsection, and such recital shall be conclusive evidence of the regularity of the issuance and sale of such obligations and of their validity;
`(C) shall be lawful investments and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under the authority or control of any officer or agency of the Government of the United States, and the Secretary of the Treasury or any other officer or agency having authority over or control of any such fiduciary, trust, or public funds, may at any time sell any of the obligations of the Postal Service acquired under this section;
`(D) shall not be exempt either as to principal or interest from any taxation now or hereafter imposed by any State or local taxing authority; and
`(E) except as provided in section 2006(c), shall not be obligations of, nor shall payment of the principal thereof or interest thereon be guaranteed by, the Government of the United States, and the obligations shall so plainly state.
`(5)(A) Subject to subparagraph (B), the Postal Service shall make payments of principal, or interest, or both on obligations issued under this subsection from--
`(i) revenues and receipts from competitive products and assets related to the provision of competitive products (as determined under subsection (h)); or
`(ii) for purposes of any period before accounting practices and principles under subsection (h) have been established and applied, the best information available, including the audited statements required by section 2008(e).
`(B) Based on the audited financial statements for the most recently completed fiscal year, the total assets of the Competitive Products Fund may not be less than the amount determined by multiplying--
`(i) the quotient resulting from the total revenue of the Competitive Products Fund divided by the total revenue of the Postal Service; and
`(ii) the total assets of the Postal Service.
`(f) The receipts and disbursements of the Competitive Products Fund shall be accorded the same budgetary treatment as is accorded to receipts and disbursements of the Postal Service Fund under section 2009a.
`(g) A judgment (or settlement of a claim) against the Postal Service or the Government of the United States shall be paid out of the Competitive Products Fund to the extent that the judgment or claim arises out of activities of the Postal Service in the provision of competitive products.
`(h)(1)(A) The Secretary of the Treasury, in consultation with the Postal Service and an independent, certified public accounting firm and other advisors as the Secretary considers appropriate, shall develop recommendations regarding--
`(i) the accounting practices and principles that should be followed by the Postal Service with the objectives of--
`(I) identifying and valuing the assets and liabilities of the Postal Service associated with providing competitive products, including the capital and operating costs incurred by the Postal Service in providing such competitive products; and
`(II) subject to subsection (e)(5), preventing the subsidization of such products by market-dominant products; and
`(ii) the substantive and procedural rules that should be followed in determining the assumed Federal income tax on competitive products income of the Postal Service for any year (within the meaning of section 3634).
`(B) Not earlier than 6 months after the date of enactment of this section, and not later than 12 months after such date, the Secretary of the Treasury shall submit the recommendations under subparagraph (A) to the Postal Regulatory Commission.
`(2)(A) Upon receiving the recommendations of the Secretary of the Treasury under paragraph (1), the Commission shall give interested parties, including the Postal Service, users of the mails, and an officer of the Commission who shall be required to represent the interests of the general public, an opportunity to present their views on those recommendations through submission of written data, views, or arguments with or without opportunity for oral presentation, or in such other manner as the Commission considers appropriate.
`(B)(i) After due consideration of the views and other information received under subparagraph (A), the Commission shall by rule--
`(I) provide for the establishment and application of the accounting practices and principles which shall be followed by the Postal Service;
`(II) provide for the establishment and application of the substantive and procedural rules described under paragraph (1)(A)(ii); and
`(III) provide for the submission by the Postal Service to the Postal Regulatory Commission of annual and other periodic reports setting forth such information as the Commission may require.
`(ii) Final rules under this subparagraph shall be issued not later than 12 months after the date on which recommendations are submitted under paragraph (1) (or by such later date on which the Commission and the Postal Service may agree). The Commission may revise such rules.
`(C)(i) Reports described under subparagraph (B)(i)(III) shall be submitted at such time and in such form, and shall include such information, as the Commission by rule requires.
`(ii) The Commission may, on its own motion or on request of an interested party, initiate proceedings (to be conducted in accordance with such rules as the Commission shall prescribe) to improve the quality, accuracy, or completeness of Postal Service information under subparagraph (B)(i)(III) whenever it shall appear that--
`(I) the quality of the information furnished in those reports has become significantly inaccurate or can be significantly improved; or
`(II) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.
`(D) A copy of each report described under subparagraph (B)(i)(III) shall be submitted by the Postal Service to the Secretary of the Treasury and the Inspector General of the United States Postal Service.
`(i)(1) The Postal Service shall submit an annual report to the Secretary of the Treasury concerning the operation of the Competitive Products Fund. The report shall address such matters as risk limitations, reserve balances, allocation or distribution of moneys, liquidity requirements, and measures to safeguard against losses.
`(2) A copy of the most recent report submitted under paragraph (1) shall be included in the annual report submitted by the Postal Regulatory Commission under section 3652(g).'.
(2) CLERICAL AMENDMENT- The table of sections for chapter 20 of title 39, United States Code, is amended by adding after the item relating to section 2010 the following:
`2011. Provisions relating to competitive products.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS-
(1) DEFINITION- Section 2001 of title 39, United States Code, is amended by striking `and' at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following:
`(2) COMPETITIVE PRODUCTS FUND- The term `Competitive Products Fund' means the Postal Service Competitive Products Fund established by section 2011; and'.
(2) CAPITAL OF THE POSTAL SERVICE- Section 2002(b) of title 39, United States Code, is amended by striking `Fund,' and inserting `Fund and the balance in the Competitive Products Fund,'.
(3) POSTAL SERVICE FUND-
(A) PURPOSES FOR WHICH AVAILABLE- Section 2003(a) of title 39, United States Code, is amended by striking `title.' and inserting `title (other than any of the purposes, functions, or powers for which the Competitive Products Fund is available).'.
(B) DEPOSITS- Section 2003(b) of title 39, United States Code, is amended by striking `There' and inserting `Except as otherwise provided in section 2011, there'.
(4) RELATIONSHIP BETWEEN THE TREASURY AND THE POSTAL SERVICE- Section 2006 of title 39, United States Code, is amended--
(A) in subsection (a), in the first sentence, by inserting `or 2011' after `section 2005';
(B) in subsection (b)--
(i) in the first sentence, by inserting `under section 2005' before `in such amounts'; and
(ii) in the second sentence, by inserting `under section 2005' before `in excess of such amount.'; and
(C) in subsection (c), by inserting `or 2011(e)(4)(E)' after `section 2005(d)(5)'.
SEC. 402. ASSUMED FEDERAL INCOME TAX ON COMPETITIVE PRODUCTS INCOME.
Subchapter II of chapter 36 of title 39, United States Code, as amended by section 202, is amended by adding at the end the following:
`Sec. 3634. Assumed Federal income tax on competitive products income
`(a) DEFINITIONS- For purposes of this section--
`(1) the term `assumed Federal income tax on competitive products income' means the net income tax that would be imposed by chapter 1 of the Internal Revenue Code of 1986 on the Postal Service's assumed taxable income from competitive products for the year; and
`(2) the term `assumed taxable income from competitive products', with respect to a year, refers to the amount representing what would be the taxable income of a corporation under the Internal Revenue Code of 1986 for the year, if--
`(A) the only activities of such corporation were the activities of the Postal Service allocable under section 2011(h) to competitive products; and
`(B) the only assets held by such corporation were the assets of the Postal Service allocable under section 2011(h) to such activities.
`(b) COMPUTATION AND TRANSFER REQUIREMENTS- The Postal Service shall, for each year beginning with the year in which occurs the deadline for the Postal Service's first report to the Postal Regulatory Commission under section 3652(a)--
`(1) compute its assumed Federal income tax on competitive products income for such year; and
`(2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax.
`(c) DEADLINE FOR TRANSFERS- Any transfer required to be made under this section for a year shall be due on or before the January 15th next occurring after the close of such year.'.
SEC. 403. UNFAIR COMPETITION PROHIBITED.
(a) SPECIFIC LIMITATIONS- Chapter 4 of title 39, United States Code, is amended by adding after section 404 the following:
`Sec. 404a. Specific limitations
`(a) Except as specifically authorized by law, the Postal Service may not--
`(1) establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service;
`(2) compel the disclosure, transfer, or licensing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or
`(3) obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).
`(b) The Postal Regulatory Commission shall prescribe regulations to carry out this section.
`(c) Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.'.
(b) CONFORMING AMENDMENTS-
(1) GENERAL POWERS- Section 401 of title 39, United States Code, is amended by striking `The' and inserting `Subject to the provisions of section 404a, the'.
(2) SPECIFIC POWERS- Section 404(a) of title 39, United States Code, is amended by striking `Without' and inserting `Subject to the provisions of section 404a, but otherwise without'.
(c) CLERICAL AMENDMENT- The analysis for chapter 4 of title 39, United States Code, is amended by inserting after the item relating to section 404 the following:
`404a. Specific limitations.'.
SEC. 404. SUITS BY AND AGAINST THE POSTAL SERVICE.
(a) IN GENERAL- Section 409 of title 39, United States Code, is amended by striking subsections (d) and (e) and inserting the following:
`(d)(1) For purposes of the provisions of law cited in paragraphs (2)(A) and (2)(B), respectively, the Postal Service--
`(A) shall be considered to be a `person', as used in the provisions of law involved; and
`(B) shall not be immune under any other doctrine of sovereign immunity from suit in Federal court by any person for any violation of any of those provisions of law by any officer or employee of the Postal Service.
`(2) This subsection applies with respect to--
`(A) the Act of July 5, 1946 (commonly referred to as the `Trademark Act of 1946' (15 U.S.C. 1051 and following)); and
`(B) the provisions of section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair or deceptive acts or practices.
`(e)(1) To the extent that the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, engages in conduct with respect to any product which is not reserved to the United States under section 1696 of title 18, the Postal Service or other Federal agency (as the case may be)--
`(A) shall not be immune under any doctrine of sovereign immunity from suit in Federal court by any person for any violation of Federal law by such agency or any officer or employee thereof; and
`(B) shall be considered to be a person (as defined in subsection (a) of the first section of the Clayton Act) for purposes of--
`(i) the antitrust laws (as defined in such subsection); and
`(ii) section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.
For purposes of the preceding sentence, any private carriage of mail allowable by virtue of section 601 shall not be considered a service reserved to the United States under section 1696 of title 18.
`(2) No damages, interest on damages, costs or attorney's fees may be recovered, and no criminal liability may be imposed, under the antitrust laws (as so defined) from any officer or employee of the Postal Service, or other Federal agency acting on behalf of or in concert with the Postal Service, acting in an official capacity.
`(3) This subsection shall not apply with respect to conduct occurring before the date of enactment of this subsection.
`(f) To the extent that the Postal Service engages in conduct with respect to the provision of competitive products, it shall be considered a person for the purposes of the Federal bankruptcy laws.
`(g)(1) Each building constructed or altered by the Postal Service shall be constructed or altered, to the maximum extent feasible as determined by the Postal Service, in compliance with 1 of the nationally recognized model building codes and with other applicable nationally recognized codes. To the extent practicable, model building codes should meet the voluntary consensus criteria established for codes and standards as required in the National Technology Transfer and Advancement Act of 1995 as defined in Office of Management and Budget Circular A1190. For purposes of life safety, the Postal Service shall continue to comply with the most current edition of the Life Safety Code of the National Fire Protection Association (NFPA 101).
`(2) Each building constructed or altered by the Postal Service shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of zoning laws, land use laws, and applicable environmental laws of a State or subdivision of a State which would apply to the building if it were not a building constructed or altered by an establishment of the Government of the United States.
`(3) For purposes of meeting the requirements of paragraphs (1) and (2) with respect to a building, the Postal Service shall--
`(A) in preparing plans for the building, consult with appropriate officials of the State or political subdivision, or both, in which the building will be located;
`(B) upon request, submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and
`(C) permit inspection by such officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if such officials provide to the Postal Service--
`(i) a copy of such schedule before construction of the building is begun; and
`(ii) reasonable notice of their intention to conduct any inspection before conducting such inspection.
Nothing in this subsection shall impose an obligation on any State or political subdivision to take any action under the preceding sentence, nor shall anything in this subsection require the Postal Service or any of its contractors to pay for any action taken by a State or political subdivision to carry out this subsection (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations).
`(4) Appropriate officials of a State or a political subdivision of a State may make recommendations to the Postal Service concerning measures necessary to meet the requirements of paragraphs (1) and (2). Such officials may also make recommendations to the Postal Service concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Postal Service shall give due consideration to any such recommendations.
`(5) In addition to consulting with local and State officials under paragraph (3), the Postal Service shall establish procedures for soliciting, assessing, and incorporating local community input on real property and land use decisions.
`(6) For purposes of this subsection, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
`(h)(1) Notwithstanding any other provision of law, legal representation may not be furnished by the Department of Justice to the Postal Service in any action, suit, or proceeding arising, in whole or in part, under any of the following:
`(A) Subsection (d) or (e) of this section.
`(B) Subsection (f) or (g) of section 504 (relating to administrative subpoenas by the Postal Regulatory Commission).
`(C) Section 3663 (relating to appellate review).
The Postal Service may, by contract or otherwise, employ attorneys to obtain any legal representation that it is precluded from obtaining from the Department of Justice under this paragraph.
`(2) In any circumstance not covered by paragraph (1), the Department of Justice shall, under section 411, furnish the Postal Service such legal representation as it may require, except that, with the prior consent of the Attorney General, the Postal Service may, in any such circumstance, employ attorneys by contract or otherwise to conduct litigation brought by or against the Postal Service or its officers or employees in matters affecting the Postal Service.
`(3)(A) In any action, suit, or proceeding in a court of the United States arising in whole or in part under any of the provisions of law referred to in subparagraph (B) or (C) of paragraph (1), and to which the Commission is not otherwise a party, the Commission shall be permitted to appear as a party on its own motion and as of right.
`(B) The Department of Justice shall, under such terms and conditions as the Commission and the Attorney General shall consider appropriate, furnish the Commission such legal representation as it may require in connection with any such action, suit, or proceeding, except that, with the prior consent of the Attorney General, the Commission may employ attorneys by contract or otherwise for that purpose.
`(i) A judgment against the Government of the United States arising out of activities of the Postal Service shall be paid by the Postal Service out of any funds available to the Postal Service, subject to the restriction specified in section 2011(g).'.
(b) TECHNICAL AMENDMENT- Section 409(a) of title 39, United States Code, is amended by striking `Except as provided in section 3628 of this title,' and inserting `Except as otherwise provided in this title,'.
SEC. 405. INTERNATIONAL POSTAL ARRANGEMENTS.
(a) IN GENERAL- Section 407 of title 39, United States Code, is amended to read as follows:
`Sec. 407. International postal arrangements
`(a) It is the policy of the United States--
`(1) to promote and encourage communications between peoples by efficient operation of international postal services and other international delivery services for cultural, social, and economic purposes;
`(2) to promote and encourage unrestricted and undistorted competition in the provision of international postal services and other international delivery services, except where provision of such services by private companies may be prohibited by law of the United States;
`(3) to promote and encourage a clear distinction between governmental and operational responsibilities with respect to the provision of international postal services; and
`(4) to participate in multilateral and bilateral agreements with other countries to accomplish these objectives.
`(b)(1) The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international postal services and shall have the power to conclude postal treaties and conventions, except that the Secretary may not conclude any postal treaty or convention if such treaty or convention would, with respect to any competitive product, grant an undue or unreasonable preference to the Postal Service, a private provider of international postal services, or any other person.
`(2) In carrying out the responsibilities specified in paragraph (1), the Secretary of State shall exercise primary authority for the conduct of foreign policy with respect to international postal services, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this authority, the Secretary--
`(A) shall coordinate with other agencies as appropriate, and in particular, should consider the authority vested by law or Executive order in the Postal Regulatory Commission, the Department of Commerce, the Department of Transportation, and the Office of the United States Trade Representative in this area;
`(B) shall maintain continuing liaison with other executive branch agencies concerned with postal and delivery services;
`(C) shall maintain continuing liaison with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives;
`(D) shall maintain appropriate liaison with both representatives of the Postal Service and representatives of users and private providers of international postal services and other international delivery services to keep informed of their interests and problems, and to provide such assistance as may be needed to ensure that matters of concern are promptly considered by the Department of State or (if applicable, and to the extent practicable) other executive branch agencies; and
`(E) shall assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in connection with international postal services and international delivery services.
`(3) The Secretary of State shall establish an advisory committee (within the meaning of the Federal Advisory Committee Act) to perform such functions as the Secretary considers appropriate in connection with carrying out subparagraphs (A) through (D) of paragraph (2).
`(c) Before concluding any postal treaty or convention that establishes a rate or classification for a product subject to subchapter I of chapter 36, the Secretary of State shall request the Postal Regulatory Commission to submit its views on whether such rate or classification is consistent with the standards and criteria established by the Commission under section 3622.
`(d) Nothing in this section shall be considered to prevent the Postal Service from entering into such commercial or operational contracts related to providing international postal services as it deems appropriate, except that--
`(1) any such contract made with an agency of a foreign government (whether under authority of this subsection or otherwise) shall be solely contractual in nature and may not purport to be binding under international law; and
`(2) a copy of each such contract between the Postal Service and an agency of a foreign government shall be transmitted to the Secretary of State and the Postal Regulatory Commission not later than the effective date of such contract.
`(e)(1) With respect to shipments of international mail that are competitive products within the meaning of section 3631 that are exported or imported by the Postal Service, the Customs Service and other appropriate Federal agencies shall apply the customs laws of the United States and all other laws relating to the importation or exportation of such shipments in the same manner to both shipments by the Postal Service and similar shipments by private companies.
`(2) In exercising the authority under subsection (b) to conclude new postal treaties and conventions related to international postal services and to renegotiate such treaties and conventions, the Secretary of State shall, to the maximum extent practicable, take such measures as are within the Secretary's control to encourage the governments of other countries to make available to the Postal Service and private companies a range of nondiscriminatory customs procedures that will fully meet the needs of all types of American shippers. The Secretary of State shall consult with the United States Trade Representative and the Commissioner of Customs in carrying out this paragraph.
`(3) The provisions of this subsection shall take effect 6 months after the date of enactment of this subsection or such earlier date as the Customs Service may determine in writing.'.
(b) EFFECTIVE DATE- Notwithstanding any provision of the amendment made by subsection (a), the authority of the United States Postal Service to establish the rates of postage or other charges on mail matter conveyed between the United States and other countries shall remain available to the Postal Service until--
(1) with respect to market-dominant products, the date as of which the regulations promulgated under section 3622 of title 39, United States Code (as amended by section 201(a)) take effect; and
(2) with respect to competitive products, the date as of which the regulations promulgated under section 3633 of title 39, United States Code (as amended by section 202) take effect.
TITLE V--GENERAL PROVISIONS
SEC. 501. QUALIFICATION AND TERM REQUIREMENTS FOR GOVERNORS.
(a) QUALIFICATIONS-
(1) IN GENERAL- Section 202(a) of title 39, United States Code, is amended by striking `(a)' and inserting `(a)(1)' and by striking the fourth sentence and inserting the following: `The Governors shall represent the public interest generally, and shall be chosen solely on the basis of their experience in the fields of public service, law or accounting or on their demonstrated ability in managing organizations or corporations (in either the public or private sector) of substantial size. The Governors shall not be representatives of specific interests using the Postal Service, and may be removed only for cause.'.
(2) APPLICABILITY- The amendment made by paragraph (1) shall not affect the appointment or tenure of any person serving as a Governor of the United States Postal Service under an appointment made before the date of enactment of this Act however, when any such office becomes vacant, the appointment of any person to fill that office shall be made in accordance with such amendment. The requirement set forth in the fourth sentence of section 202(a)(1) of title 39, United States Code (as amended by subsection (a)) shall be met beginning not later than 9 years after the date of enactment of this Act.
(b) CONSULTATION REQUIREMENT- Section 202(a) of title 39, United States Code, is amended by adding at the end the following:
`(2) In selecting the individuals described in paragraph (1) for nomination for appointment to the position of Governor, the President should consult with the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate.'.
(c) 7-Year Terms-
(1) IN GENERAL- Section 202(b) of title 39, United States code, is amended in the first sentence by striking `9 years' and inserting `7 years'.
(2) APPLICABILITY-
(A) CONTINUATION BY INCUMBENTS- The amendment made by paragraph (1) shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of enactment of this Act and such person may continue to serve the remainder of the applicable term.
(B) VACANCY BY INCUMBENT BEFORE 5 YEARS OF SERVICE- If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act resigns, is removed, or dies before the expiration of the 9-year term of that Governor, and that Governor has served less than 5 years of that term, the resulting vacancy in office shall be treated as a vacancy in a 5-year term.
(C) VACANCY BY INCUMBENT AFTER 5 YEARS OF SERVICE- If a person who is serving as a Governor of the United States Postal Service on the date of enactment of this Act resigns, is removed, or dies before the expiration of the 9-year term of that Governor, and that Governor has served 5 years or more of that term, that term shall be deemed to have been a 5-year term beginning on its commencement date for purposes of determining vacancies in office. Any appointment to the vacant office shall be for a 5-year term beginning at the end of the original 9-year term determined without regard to the deeming under the preceding sentence. Nothing in this subparagraph shall be construed to affect any action or authority of any Governor or the Board of Governors during any portion of a 9-year term deemed to be 5-year term under this subparagraph.
(d) TERM LIMITATION-
(1) IN GENERAL- Section 202(b) of title 39, United States Code, is amended--
(A) by inserting `(1)' after `(b)'; and
(B) by adding at the end the following:
`(2) No person may serve more than 2 terms as a Governor.'.
(2) APPLICABILITY- The amendments made by paragraph (1) shall not affect the tenure of any person serving as a Governor of the United States Postal Service on the date of enactment of this Act with respect to the term which that person is serving on that date. Such person may continue to serve the remainder of the applicable term, after which the amendments made by paragraph (1) shall apply.
SEC. 502. OBLIGATIONS.
(a) PURPOSES FOR WHICH OBLIGATIONS MAY BE ISSUED- The first sentence of section 2005(a)(1) of title 39, United States Code, is amended by striking `title.' and inserting `title, other than any of the purposes for which the corresponding authority is available to the Postal Service under section 2011.'.
(b) INCREASE RELATING TO OBLIGATIONS ISSUED FOR CAPITAL IMPROVEMENTS- Section 2005(a)(1) of title 39, United States Code, is amended by striking the third sentence.
(c) AMOUNTS WHICH MAY BE PLEDGED-
(1) OBLIGATIONS TO WHICH PROVISIONS APPLY- The first sentence of section 2005(b) of title 39, United States Code, is amended by striking `such obligations,' and inserting `obligations issued by the Postal Service under this section,'.
(2) ASSETS, REVENUES, AND RECEIPTS TO WHICH PROVISIONS APPLY- Subsection (b) of section 2005 of title 39, United States Code, is amended by striking `(b)' and inserting `(b)(1)', and by adding at the end the following:
`(2) Notwithstanding any other provision of this section--
`(A) the authority to pledge assets of the Postal Service under this subsection shall be available only to the extent that such assets are not related to the provision of competitive products (as determined under section 2011(h) or, for purposes of any period before accounting practices and principles under section 2011(h) have been established and applied, the best information available from the Postal Service, including the audited statements required by section 2008(e)); and
`(B) any authority under this subsection relating to the pledging or other use of revenues or receipts of the Postal Service shall be available only to the extent that they are not revenues or receipts of the Competitive Products Fund.'.
SEC. 503. PRIVATE CARRIAGE OF LETTERS.
(a) IN GENERAL- Section 601 of title 39, United States Code, is amended by striking subsection (b) and inserting the following:
`(b) A letter may also be carried out of the mails when--
`(1) the amount paid for the private carriage of the letter is at least the amount equal to 6 times the rate then currently charged for the 1st ounce of a single-piece first class letter;
`(2) the letter weighs at least 12 1/2 ounces; or
`(3) such carriage is within the scope of services described by regulations of the United States Postal Service (as in effect on July 1, 2001) that permit private carriage by suspension of the operation of this section (as then in effect).
`(c) Any regulations necessary to carry out this section shall be promulgated by the Postal Regulatory Commission.'.
(b) EFFECTIVE DATE- This section shall take effect on the date as of which the regulations promulgated under section 3633 of title 39, United States Code (as amended by section 202) take effect.
SEC. 504. RULEMAKING AUTHORITY.
Paragraph (2) of section 401 of title 39, United States Code, is amended to read as follows:
`(2) to adopt, amend, and repeal such rules and regulations, not inconsistent with this title, as may be necessary in the execution of its functions under this title and such other functions as may be assigned to the Postal Service under any provisions of law outside of this title;'.
SEC. 505. NONINTERFERENCE WITH COLLECTIVE BARGAINING AGREEMENTS.
(a) LABOR DISPUTES- Section 1207 of title 39, United States Code, is amended to read as follows:
`Sec. 1207. Labor disputes
`(a) If there is a collective-bargaining agreement in effect, no party to such agreement shall terminate or modify such agreement unless the party desiring such termination or modification serves written notice upon the other party to the agreement of the proposed termination or modification not less than 90 days prior to the expiration date thereof, or not less than 90 days prior to the time it is proposed to make such termination or modification. The party serving such notice shall notify the Federal Mediation and Conciliation Service of the existence of a dispute within 45 days after such notice, if no agreement has been reached by that time.
`(b) If the parties fail to reach agreement or to adopt a procedure providing for a binding resolution of a dispute by the expiration date of the agreement in effect, or the date of the proposed termination or modification, the Director of the Federal Mediation and Conciliation Service shall within 10 days appoint a mediator of nationwide reputation and professional stature, and who is also a member of the National Academy of Arbitrators. The parties shall cooperate with the mediator in an effort to reach an agreement and shall meet and negotiate in good faith at such times and places that the mediator, in consultation with the parties, shall direct.
`(c)(1) If no agreement is reached within 60 days after the expiration or termination of the agreement or the date on which the agreement became subject to modification under subsection (a) of this section, or if the parties decide upon arbitration but do not agree upon the procedures therefore, an arbitration board shall be established consisting of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the bargaining representative of the employees, and the third by the 2 thus selected. If either of the parties fails to select a member, or if the members chosen by the parties fail to agree on the third person within 5 days after their first meeting, the selection shall be made from a list of names provided by the Director. This list shall consist of not less then 9 names of arbitrators of nationwide reputation and professional nature, who are also members of the National Academy of Arbitrators, and whom the Director has determined are available and willing to serve.
`(2) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel or by other representative as they may elect. Decisions of the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment.
`(3) Costs of the arbitration board and mediation shall be shared equally by the Postal Service and the bargaining representative.
`(d) In the case of a bargaining unit whose recognized collective-bargaining representative does not have an agreement with the Postal Service, if the parties fail to reach the agreement within 90 days after the commencement of collective bargaining, a mediator shall be appointed in accordance with the terms in subsection (b) of this section, unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days after the commencement of collective bargaining, and if they have not agreed to another procedure for binding resolution, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the terms of subsection (c) of this section.'.
(b) NONINTERFERENCE WITH COLLECTIVE BARGAINING AGREEMENTS- Except as otherwise provided by the amendment made by subsection (a), nothing in this Act shall restrict, expand, or otherwise affect any of the rights, privileges, or benefits of either employees of or labor organizations representing employees of the United States Postal Service under chapter 12 of title 39, United States Code, the National Labor Relations Act, any handbook or manual affecting employee labor relations within the United States Postal Service, or any collective bargaining agreement.
(c) FREE MAILING PRIVILEGES CONTINUE UNCHANGED- Nothing in this Act or any amendment made by this Act shall affect any free mailing privileges accorded under section 3217 or sections 3403 through 3406 of title 39, United States Code.
SEC. 506. BONUS AUTHORITY.
Chapter 36 of title 39, United States Code, is amended by inserting after section 3685 the following:
`Sec. 3686. Bonus authority
`(a) IN GENERAL- The Postal Service may establish 1 or more programs to provide bonuses or other rewards to officers and employees of the Postal Service in senior executive or equivalent positions to achieve the objectives of this chapter.
`(b) LIMITATION ON TOTAL COMPENSATION-
`(1) IN GENERAL- Under any such program, the Postal Service may award a bonus or other reward in excess of the limitation set forth in the last sentence of section 1003(a), if such program has been approved under paragraph (2). Any such award or bonus may not cause the total compensation of such officer or employee to exceed the total annual compensation payable to the Vice President under section 104 of title 3 as of the end of the calendar year in which the bonus or award is paid.
`(2) APPROVAL PROCESS- If the Postal Service wishes to have the authority, under any program described in subsection (a), to award bonuses or other rewards in excess of the limitation set forth in the last sentence of section 1003(a)--
`(A) the Postal Service shall make an appropriate request to the Board of Governors of the Postal Service in such form and manner as the Board requires; and
`(B) the Board of Governors shall approve any such request if the Board certifies, for the annual appraisal period involved, that the performance appraisal system for affected officers and employees of the Postal Service (as designed and applied) makes meaningful distinctions based on relative performance.
`(3) REVOCATION AUTHORITY- If the Board of Governors of the Postal Service finds that a performance appraisal system previously approved under paragraph (2)(B) does not (as designed and applied) make meaningful distinctions based on relative performance, the Board may revoke or suspend the authority of the Postal Service to continue a program approved under paragraph (2) until such time as appropriate corrective measures have, in the judgment of the Board, been taken.
`(c) REPORTING REQUIREMENT RELATING TO BONUSES OR OTHER REWARDS- Included in its comprehensive statement under section 2401(e) for any period shall be--
`(1) the name of each person receiving a bonus or other reward during such period which would not have been allowable but for the provisions of subsection (b);
`(2) the amount of the bonus or other reward; and
`(3) the amount by which the limitation referred to in subsection (b)(1) was exceeded as a result of such bonus or other reward.'.
TITLE VI--ENHANCED REGULATORY COMMISSION
SEC. 601. REORGANIZATION AND MODIFICATION OF CERTAIN PROVISIONS RELATING TO THE POSTAL REGULATORY COMMISSION.
(a) TRANSFER AND REDESIGNATION- Title 39, United States Code, is amended--
(1) by inserting after chapter 4 the following:
`CHAPTER 5--POSTAL REGULATORY COMMISSION
`Sec.
`501. Establishment.
`502. Commissioners.
`503. Rules; regulations; procedures.
`504. Administration.
`505. Officer of the Postal Regulatory Commission representing the general public.
`Sec. 501. Establishment
`The Postal Regulatory Commission is an independent establishment of the executive branch of the Government of the United States.
`Sec. 502. Commissioners
`(a) The Postal Regulatory Commission is composed of 5 Commissioners, appointed by the President, by and with the advice and consent of the Senate. The Commissioners shall be chosen solely on the basis of their technical qualifications, professional standing, and demonstrated expertise in economics, accounting, law, or public administration, and may be removed by the President only for cause. Each individual appointed to the Commission shall have the qualifications and expertise necessary to carry out the enhanced responsibilities accorded Commissioners under the Postal Accountability and Enhancement Act. Not more than 3 of the Commissioners may be adherents of the same political party.
`(b) No Commissioner shall be financially interested in any enterprise in the private sector of the economy engaged in the delivery of mail matter.
`(c) A Commissioner may continue to serve after the expiration of his term until his successor has qualified, except that a Commissioner may not so continue to serve for more than 1 year after the date upon which his term otherwise would expire under subsection (f).
`(d) One of the Commissioners shall be designated as Chairman by, and shall serve in the position of Chairman at the pleasure of, the President.
`(e) The Commissioners shall by majority vote designate a Vice Chairman of the Commission. The Vice Chairman shall act as Chairman of the Commission in the absence of the Chairman.
`(f) The Commissioners shall serve for terms of 6 years.';
(2) by striking, in subchapter I of chapter 36 (as in effect before the amendment made by section 201(c)), the heading for such subchapter I and all that follows through section 3602;
(3) by redesignating sections 3603 and 3604 as sections 503 and 504, respectively, and transferring such sections to the end of chapter 5 (as inserted by paragraph (1)); and
(4) by adding after such section 504 the following:
`Sec. 505. Officer of the Postal Regulatory Commission representing the general public
`The Postal Regulatory Commission shall designate an officer of the Postal Regulatory Commission in all public proceedings who shall represent the interests of the general public.'.
(b) APPLICABILITY- The amendment made by subsection (a)(1) shall not affect the appointment or tenure of any person serving as a Commissioner on the Postal Regulatory Commission (as so redesignated by section 604) under an appointment made before the date of enactment of this Act or any nomination made before that date, but, when any such office becomes vacant, the appointment of any person to fill that office shall be made in accordance with such amendment.
(c) CLERICAL AMENDMENT- The analysis for part I of title 39, United States Code, is amended by inserting after the item relating to chapter 4 the following:
501'
SEC. 602. AUTHORITY FOR POSTAL REGULATORY COMMISSION TO ISSUE SUBPOENAS.
Section 504 of title 39, United States Code (as so redesignated by section 601) is amended by adding at the end the following:
`(f)(1) Any Commissioner of the Postal Regulatory Commission, any administrative law judge appointed by the Commission under section 3105 of title 5, and any employee of the Commission designated by the Commission may administer oaths, examine witnesses, take depositions, and receive evidence.
`(2) The Chairman of the Commission, any Commissioner designated by the Chairman, and any administrative law judge appointed by the Commission under section 3105 of title 5 may, with respect to any proceeding conducted by the Commission under this title or to obtain information to be used to prepare a report under this title--
`(A) issue subpoenas requiring the attendance and presentation of testimony by, or the production of documentary or other evidence in the possession of, any covered person; and
`(B) order the taking of depositions and responses to written interrogatories by a covered person.
The written concurrence of a majority of the Commissioners then holding office shall, with respect to each subpoena under subparagraph (A), be required in advance of its issuance.
`(3) In the case of contumacy or failure to obey a subpoena issued under this subsection, upon application by the Commission, the district court of the United States for the district in which the person to whom the subpoena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
`(4) For purposes of this subsection, the term `covered person' means an officer, employee, agent, or contractor of the Postal Service.
`(g)(1) If the Postal Service determines that any document or other matter it provides to the Postal Regulatory Commission under a subpoena issued under subsection (f), or otherwise at the request of the Commission in connection with any proceeding or other purpose under this title, contains information which is described in section 410(c) of this title, or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission, in writing, of its determination (and the reasons therefor).
`(2) Except as provided in paragraph (3), no officer or employee of the Commission may, with respect to any information as to which the Commission has been notified under paragraph (1)--
`(A) use such information for purposes other than the purposes for which it is supplied; or
`(B) permit anyone who is not an officer or employee of the Commission to have access to any such information.
`(3)(A) Paragraph (2) shall not prohibit the Commission from publicly disclosing relevant information in furtherance of its duties under this title, provided that the Commission has adopted regulations under section 553 of title 5, that establish a procedure for according appropriate confidentiality to information identified by the Postal Service under paragraph (1). In determining the appropriate degree of confidentiality to be accorded information identified by the Postal Service under paragraph (1), the Commission shall balance the nature and extent of the likely commercial injury to the Postal Service against the public interest in maintaining the financial transparency of a government establishment competing in commercial markets.
`(B) Paragraph (2) shall not prevent the Commission from requiring production of information in the course of any discovery procedure established in connection with a proceeding under this title. The Commission shall, by regulations based on rule 26(c) of the Federal Rules of Civil Procedure, establish procedures for ensuring appropriate confidentiality for information furnished to any party.'.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS FROM THE POSTAL SERVICE FUND.
(a) POSTAL REGULATORY COMMISSION- Subsection (d) of section 504 of title 39, United States Code (as so redesignated by section 601) is amended to read as follows:
`(d) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Postal Regulatory Commission. In requesting an appropriation under this subsection for a fiscal year, the Commission shall prepare and submit to the Congress under section 2009 a budget of the Commission's expenses, including expenses for facilities, supplies, compensation, and employee benefits.'.
(b) OFFICE OF INSPECTOR GENERAL OF THE UNITED STATES POSTAL SERVICE- Section 8G(f) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by redesignating the second paragraph (3) (relating to employees and labor organizations) as paragraph (4); and
(3) by adding at the end the following:
`(6) There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States Postal Service.'.
(c) BUDGET PROGRAM-
(1) IN GENERAL- The next to last sentence of section 2009 of title 39, United States Code, is amended to read as follows: `The budget program shall also include separate statements of the amounts which (1) the Postal Service requests to be appropriated under subsections (b) and (c) of section 2401, (2) the Office of Inspector General of the United States Postal Service requests to be appropriated, out of the Postal Service Fund, under section 8G(f) of the Inspector General Act of 1978, and (3) the Postal Regulatory Commission requests to be appropriated, out of the Postal Service Fund, under section 504(d) of this title.'.
(2) CONFORMING AMENDMENT- Section 2003(e)(1) of title 39, United States Code, is amended by striking the first sentence and inserting the following: `The Fund shall be available for the payment of (A) all expenses incurred by the Postal Service in carrying out its functions as provided by law, subject to the same limitation as set forth in the parenthetical matter under subsection (a); (B) all expenses of the Postal Regulatory Commission, subject to the availability of amounts appropriated under section 504(d); and (C) all expenses of the Office of Inspector General, subject to the availability of amounts appropriated under section 8G(f) of the Inspector General Act of 1978.'.
(d) EFFECTIVE DATE-
(1) IN GENERAL- The amendments made by this section shall apply with respect to fiscal years beginning on or after October 1, 2005.
(2) SAVINGS PROVISION- The provisions of title 39, United States Code, and the Inspector General Act of 1978 (5 U.S.C. App.) that are amended by this section shall, for purposes of any fiscal year before the first fiscal year to which the amendments made by this section apply, continue to apply in the same way as if this section had never been enacted.
SEC. 604. REDESIGNATION OF THE POSTAL RATE COMMISSION.
(a) AMENDMENTS TO TITLE 39, UNITED STATES CODE- Title 39, United States Code, is amended in sections 404, 503 and 504 (as so redesignated by section 601), 1001 and 1002, by striking `Postal Rate Commission' each place it appears and inserting `Postal Regulatory Commission';
(b) AMENDMENTS TO TITLE 5, UNITED STATES CODE- Title 5, United States Code, is amended in sections 104(1), 306(f), 2104(b), 3371(3), 5314 (in the item relating to Chairman, Postal Rate Commission), 5315 (in the item relating to Members, Postal Rate Commission), 5514(a)(5)(B), 7342(a)(1)(A), 7511(a)(1)(B)(ii), 8402(c)(1), 8423(b)(1)(B), and 8474(c)(4) by striking `Postal Rate Commission' and inserting `Postal Regulatory Commission'.
(c) AMENDMENT TO THE ETHICS IN GOVERNMENT ACT OF 1978- Section 101(f)(6) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking `Postal Rate Commission' and inserting `Postal Regulatory Commission'.
(d) AMENDMENT TO THE REHABILITATION ACT OF 1973- Section 501(b) of the Rehabilitation Act of 1973 (29 U.S.C. 791(b)) is amended by striking `Postal Rate Office' and inserting `Postal Regulatory Commission'.
(e) AMENDMENT TO TITLE 44, UNITED STATES CODE- Section 3502(5) of title 44, United States Code, is amended by striking `Postal Rate Commission' and inserting `Postal Regulatory Commission'.
(f) OTHER REFERENCES- Whenever a reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.
SEC. 605. FINANCIAL TRANSPARENCY.
(a) IN GENERAL- Section 101 of title 39, United States Code, is amended--
(1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and
(2) by inserting after subsection (c) the following:
`(d) As an independent establishment of the executive branch of the Government of the United States, the Postal Service shall be subject to a high degree of transparency to ensure fair treatment of customers of the Postal Service's market-dominant products and companies competing with the Postal Service's competitive products.'.
(b) FINANCIAL REPORTING REQUIREMENTS AND ENFORCEMENT POWERS APPLICABLE TO POSTAL SERVICE- Section 503 of title 39, United States Code (as so redesignated by section 601 and 604) is amended by--
(1) inserting `(a)' before `The Postal Regulatory Commission shall promulgate'; and
(2) adding at the end the following:
`(b)(1) Beginning with the first full fiscal year following the date of enactment of the Postal Accountability and Enhancement Act, the Postal Service shall file with the Postal Regulatory Commission --
`(A) within 35 days after the end of each fiscal quarter, a quarterly report containing the information prescribed in Form 10-Q of the Securities and Exchange Commission under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), or any revised or successor form;
`(B) within 60 days after the end of each fiscal year, an annual report containing the information prescribed in Form 10-K of the Securities and Exchange Commission under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), or any revised or successor form; and
`(C) periodic reports within the time frame and containing the information prescribed in Form 8-K of the Securities and Exchange Commission under section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), or any revised or successor form.
`(2) For purposes of preparing the reports required under paragraph (1), the Postal Service shall be deemed to be the registrant described in the Securities and Exchange Commission forms, and references contained in such forms to Securities and Exchange Commission regulations are applicable.
`(3) For purposes of preparing the reports required under paragraph (1), the Postal Service shall comply with the rules prescribed by the Securities and Exchange Commission implementing section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262; Public Law 107-204) beginning with fiscal year 2007 and in each fiscal year thereafter.
`(c)(1) The reports required under subsection (b)(1)(B) shall include, with respect to the financial obligations of the Postal Service under chapters 83, 84, and 89 of title 5 for retirees of the Postal Service--
`(A) the funded status of such obligations of the Postal Service;
`(B) components of the net change in the fund balances and obligations and the nature and cause of any significant changes;
`(C) components of net periodic costs;
`(D) cost methods and assumptions underlying the relevant actuarial valuations;
`(E) the effect of a one-percentage point increase in the assumed health care cost trend rate for each future year on the service and interest costs components of net periodic cost and the accumulated obligation of the Postal Service under chapter 89 of title 5 for retirees of the Postal Service;
`(F) actual contributions to and payments from the funds for the years presented and the estimated future contributions and payments for each of the following 5 years;
`(G) the composition of plan assets reflected in the fund balances; and
`(H) the assumed rate of return on fund balances and the actual rates of return for the years presented.
`(2)(A) Beginning with the fiscal year 2007 and in each fiscal year thereafter, for purposes of the reports required under subsection (b)(1) (A) and (B), the Postal Service shall include segment reporting.
`(B) The Postal Service shall determine the appropriate segment reporting under subparagraph (A), after consultation with the Postal Regulatory Commission.
`(d) For purposes of the annual reports required under subsection (b)(1)(B), the Postal Service shall obtain an opinion from an independent auditor on whether the information listed under subsection (c) is fairly stated in all material respects, either in relation to the basic financial statements as a whole or on a stand-alone basis.
`(e) The Postal Regulatory Commission shall have access to the audit documentation and any other supporting matter of the Postal Service and its independent auditor in connection with any information submitted under subsection (b)(1)(B).
`(f) The Postal Regulatory Commission may, on its own motion or on request of an interested party, initiate proceedings (to be conducted in accordance with regulations that the Commission shall prescribe) to improve the quality, accuracy, or completeness of Postal Service data required by the Commission under this section whenever it shall appear that the data--
`(1) have become significantly inaccurate;
`(2) can be significantly improved; or
`(3) are not cost beneficial.'.
TITLE VII--EVALUATIONS
SEC. 701. ASSESSMENTS OF RATEMAKING, CLASSIFICATION, AND OTHER PROVISIONS.
(a) IN GENERAL- The Postal Regulatory Commission shall, at least every 3 years, submit a report to the President and Congress concerning--
(1) the operation of the amendments made by this Act; and
(2) recommendations for any legislation or other measures necessary to improve the effectiveness or efficiency of the postal laws of the United States.
(b) POSTAL SERVICE VIEWS- A report under this section shall be submitted only after reasonable opportunity has been afforded to the Postal Service to review the report and to submit written comments on the report. Any comments timely received from the Postal Service under the preceding sentence shall be attached to the report submitted under subsection (a).
SEC. 702. REPORT ON UNIVERSAL POSTAL SERVICE AND THE POSTAL MONOPOLY.
(a) REPORT BY THE POSTAL REGULATORY COMMISSION-
(1) IN GENERAL- Not later than 24 months after the date of enactment of this Act, the Postal Regulatory Commission shall submit a report to the President and Congress on universal postal service and the postal monopoly in the United States (in this section referred to as `universal service and the postal monopoly'), including the monopoly on the delivery of mail and on access to mailboxes.
(2) CONTENTS- The report under this subsection shall include--
(A) a comprehensive review of the history and development of universal service and the postal monopoly, including how the scope and standards of universal service and the postal monopoly have evolved over time for the Nation and its urban and rural areas;
(B) the scope and standards of universal service and the postal monopoly provided under current law (including sections 101 and 403 of title 39, United States Code), and current rules, regulations, policy statements, and practices of the Postal Service;
(C) a description of any geographic areas, populations, communities (including both urban and rural communities), organizations, or other groups or entities not currently covered by universal service or that are covered but that are receiving services deficient in scope or quality or both; and
(D) the scope and standards of universal service and the postal monopoly likely to be required in the future in order to meet the needs and expectations of the United States public, including all types of mail users, based on discussion of such assumptions, alternative sets of assumptions, and analyses as the Postal Service considers plausible.
(b) RECOMMENDED CHANGES TO UNIVERSAL SERVICE AND THE MONOPOLY- The Postal Regulatory Commission shall include in the report under subsection (a), and in all reports submitted under section 701 of this Act--
(1) any recommended changes to universal service and the postal monopoly as the Commission considers appropriate, including changes that the Commission may implement under current law and changes that would require changes to current law, with estimated effects of the recommendations on the service, financial condition, rates, and security of mail provided by the Postal Service;
(2) with respect to each recommended change described under paragraph (1)--
(A) an estimate of the costs of the Postal Service attributable to the obligation to provide universal service under current law; and
(B) an analysis of the likely benefit of the current postal monopoly to the ability of the Postal Service to sustain the current scope and standards of universal service, including estimates of the financial benefit of the postal monopoly to the extent practicable, under current law; and
(3) such additional topics and recommendations as the Commission considers appropriate, with estimated effects of the recommendations on the service, financial condition, rates, and the security of mail provided by the Postal Service.
SEC. 703. STUDY ON EQUAL APPLICATION OF LAWS TO COMPETITIVE PRODUCTS.
(a) IN GENERAL- The Federal Trade Commission shall prepare and submit to the President and Congress, and to the Postal Regulatory Commission, within 1 year after the date of enactment of this Act, a comprehensive report identifying Federal and State laws that apply differently to the United States Postal Service with respect to the competitive category of mail (within the meaning of section 102 of title 39, United States Code, as amended by section 101) and similar products provided by private companies.
(b) RECOMMENDATIONS- The Federal Trade Commission shall include such recommendations as it considers appropriate for bringing such legal discrimination to an end, and in the interim, to account under section 3633 of title 39, United States Code (as added by this Act), for the net economic advantages provided by those laws.
(c) CONSULTATION- In preparing its report, the Federal Trade Commission shall consult with the United States Postal Service, the Postal Regulatory Commission, other Federal agencies, mailers, private companies that provide delivery services, and the general public, and shall append to such report any written comments received under this subsection.
(d) COMPETITIVE PRODUCT REGULATION- The Postal Regulatory Commission shall take into account the recommendations of the Federal Trade Commission in promulgating or revising the regulations required under section 3633 of title 39, United States Code.
SEC. 704. REPORT ON POSTAL WORKPLACE SAFETY AND WORKPLACE-RELATED INJURIES.
(a) REPORT BY THE INSPECTOR GENERAL-
(1) IN GENERAL- Not later than 6 months after the enactment of this Act, the Inspector General of the United States Postal Service shall submit a report to Congress and the Postal Service that--
(A) details and assesses any progress the Postal Service has made in improving workplace safety and reducing workplace-related injuries nationwide; and
(B) identifies opportunities for improvement that remain with respect to such improvements and reductions.
(2) CONTENTS- The report under this subsection shall also--
(A) discuss any injury reduction goals established by the Postal Service;
(B) describe the actions that the Postal Service has taken to improve workplace safety and reduce workplace-related injuries, and assess how successful the Postal Service has been in meeting its injury reduction goal; and
(C) identify areas where the Postal Service has failed to meet its injury reduction goals, explain the reasons why these goals were not met, and identify opportunities for making further progress in meeting these goals.
(b) REPORT BY THE POSTAL SERVICE-
(1) REPORT TO CONGRESS- Not later than 6 months after receiving the report under subsection (a), the Postal Service shall submit a report to Congress detailing how it plans to improve workplace safety and reduce workplace-related injuries nationwide, including goals and metrics.
(2) PROBLEM AREAS- The report under this subsection shall also include plans, developed in consultation with the Inspector General and employee representatives, including representatives of each postal labor union and management association, for addressing the problem areas identified by the Inspector General in the report under subsection (a)(2)(C).
SEC. 705. STUDY ON RECYCLED PAPER.
(a) IN GENERAL- Within 12 months after the date of enactment of this Act, the Government Accountability Office shall study and submit to the Congress, the Board of Governors of the Postal Service, and to the Postal Regulatory Commission a report concerning--
(1) the economic and environmental efficacy of establishing rate incentives for mailers linked to the use of recycled paper;
(2) a description of the accomplishments of the Postal Service in each of the preceding 5 years involving recycling activities, including the amount of annual revenue generated and savings achieved by the Postal Service as a result of its use of recycled paper and other recycled products and its efforts to recycle undeliverable and discarded mail and other materials; and
(3) additional opportunities that may be available for the United States Postal Service to engage in recycling initiatives and the projected costs and revenues of undertaking such opportunities.
(b) RECOMMENDATIONS- The report shall include recommendations for any administrative or legislative actions that may be appropriate.
TITLE VIII--POSTAL SERVICE RETIREMENT AND HEALTH BENEFITS FUNDING
SEC. 801. SHORT TITLE.
This title may be cited as the `Postal Civil Service Retirement and Health Benefits Funding Amendments of 2004'.
SEC. 802. CIVIL SERVICE RETIREMENT SYSTEM.
(a) IN GENERAL- Chapter 83 of title 5, United States Code, is amended--
(1) in section 8334(a)(1)(B), by striking clause (ii) and inserting the following:
`(ii) In the case of an employee of the United States Postal Service, no amount shall be contributed under this subparagraph.'; and
(2) by amending section 8348(h) to read as follows:
`(h)(1) In this subsection, the term `Postal surplus or supplemental liability' means the estimated difference, as determined by the Office, between--
`(A) the actuarial present value of all future benefits payable from the Fund under this subchapter to current or former employees of the United States Postal Service and attributable to civilian employment with the United States Postal Service; and
`(B) the sum of--
`(i) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to this subchapter under section 8334;
`(ii) that portion of the Fund balance, as of the date the Postal surplus or supplemental liability is determined, attributable to payments to the Fund by the United States Postal Service and its employees, minus benefit payments attributable to civilian employment with the United States Postal Service, plus the earnings on such amounts while in the Fund; and
`(iii) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.
`(2)(A) Not later than June 15, 2006, the Office shall determine the Postal surplus or supplemental liability, as of September 30, 2005. If that result is a surplus, the amount of the surplus shall be transferred to the Postal Service Retiree Health Benefits Fund established under section 8909a by June 30, 2006. If the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing September 30, 2006, which provides for the liquidation of such liability by September 30, 2043.
`(B) The Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year, for each fiscal year beginning after September 30, 2006, through the fiscal year ending September 30, 2038. If the result is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C), and any prior amortization schedule for payments shall be terminated. If the result is a supplemental liability, the Office shall establish a new amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043.
`(C) As of the close of the fiscal years ending September 30, 2015, 2025, 2035, and 2039, if the result is a surplus, that amount shall be transferred to the Postal Service Retiree Health Benefits Fund, and any prior amortization schedule for payments shall be terminated.
`(D) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.
`(E) The United States Postal Service shall pay the amounts so determined to the Office, with payments due not later than the date scheduled by the Office.
`(3) Notwithstanding any other provision of law, in computing the amount of any payment under any other subsection of this section that is based upon the amount of the unfunded liability, such payment shall be computed disregarding that portion of the unfunded liability that the Office determines will be liquidated by payments under this subsection.'.
(b) CREDIT ALLOWED FOR MILITARY SERVICE- In the application of section 8348(g)(2) of title 5, United States Code, for the fiscal year 2006, the Office of Personnel Management shall include, in addition to the amount otherwise computed under that paragraph, the amounts that would have been included for the fiscal years 2003 through 2005 with respect to credit for military service of former employees of the United States Postal Service as though the Postal Civil Service Retirement System Funding Reform Act of 2003 (Public Law 108-18) had not been enacted, and the Secretary of the Treasury shall make the required transfer to the Civil Service Retirement and Disability Fund based on that amount.
(c) Review-
(1) IN GENERAL-
(A) REQUEST FOR REVIEW- Notwithstanding any other provision of this section (including any amendment made by this section), any determination or redetermination made by the Office of Personnel Management under this section (including any amendment made by this section) shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this subsection.
(B) REPORT- Upon receiving a request under subparagraph (A), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of pension obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this paragraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress.
(2) RECONSIDERATION- Upon receiving the report from the Commission under paragraph (1), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress.
SEC. 803. HEALTH INSURANCE.
(a) IN GENERAL-
(1) FUNDING- Chapter 89 of title 5, United States Code, is amended--
(A) in section 8906(g)(2)(A), by striking `shall be paid by the United States Postal Service.' and inserting `shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service.'; and
(B) by inserting after section 8909 the following:
`Sec. 8909a. Postal Service Retiree Health Benefit Fund
`(a) There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.
`(b) The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A).
`(c) The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348.
`(d)(1) Not later than June 30, 2006, and by June 30 of each succeeding year, the Office shall compute the net present value of the future payments required under section 8906(g)(2)(A) and attributable to the service of Postal Service employees during the most recently ended fiscal year.
`(2)(A) Not later than June 30, 2006, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute the difference between--
`(i) the net present value of the excess of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants as of the end of the fiscal year ending on September 30 of that year; and
`(ii)(I) the value of the assets of the Postal Retiree Health Benefits Fund as of the end of the fiscal year ending on September 30 of that year; and
`(II) the net present value computed under paragraph (1).
`(B) Not later than June 30, 2006, the Office shall compute, and by June 30 of each succeeding year shall recompute, an amortization schedule including a series of annual installments which provide for the liquidation by September 30, 2045, or within 15 years, whichever is later, of the net present value determined under subparagraph (A), including interest at the rate used in that computation.
`(3) Not later than September 30, 2006, and by September 30 of each succeeding year, the United States Postal Service shall pay into such Fund--
`(A) the net present value computed under paragraph (1); and
`(B) the annual installment computed under paragraph (2)(B).
`(4) Computations under this subsection shall be made consistent with the assumptions and methodology used by the Office for financial reporting under subchapter II of chapter 35 of title 31.
`(5)(A)(i) Any computation or other determination of the Office under this subsection shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this paragraph.
`(ii) Upon receiving a request under clause (i), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of healthcare insurance obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this subparagraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress.
`(B) Upon receiving the report under subparagraph (A), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress.
`(6) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8909 the following:
`8909a. Postal Service Retiree Health Benefits Fund.'.
(b) Review-
(1) IN GENERAL-
(A) REQUEST FOR REVIEW- Any regulation established under section 8909a(d)(5) of title 5, United States Code (as added by subsection (a)), shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this paragraph.
(B) REPORT- Upon receiving a request under subparagraph (A), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of healthcare insurance obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this paragraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress.
(2) RECONSIDERATION- Upon receiving the report under paragraph (1), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress.
(c) Transitional Adjustment for Fiscal Year 2006- For fiscal year 2006, the amounts paid by the Postal Service in Government contributions under section 8906(g)(2)(A) of title 5, United States Code, for fiscal year 2006 contributions shall be deducted from the initial payment otherwise due from the Postal Service to the Postal Service Retiree Health Benefits Fund under section 8909a(d)(3) of such title as added by this section.
SEC. 804. REPEAL OF DISPOSITION OF SAVINGS PROVISION.
Section 3 of the Postal Civil Service Retirement System Funding Reform Act of 2003 (Public Law 108-18) is repealed.
SEC. 805. EFFECTIVE DATES.
(a) IN GENERAL- Except as provided under subsection (b), this title shall take effect on October 1, 2005.
(b) TERMINATION OF EMPLOYER CONTRIBUTION- The amendment made by paragraph (1) of section 802(a) shall take effect on the first day of the first pay period beginning on or after October 1, 2005.
TITLE IX--COMPENSATION FOR WORK INJURIES
SEC. 901. TEMPORARY DISABILITY; CONTINUATION OF PAY.
(a) TIME OF ACCRUAL OF RIGHT- Section 8117 of title 5, United States Code, is amended--
(1) by striking `An employee' and inserting `(a) An employee other than a Postal Service employee'; and
(2) by adding at the end the following:
`(b) A Postal Service employee is not entitled to compensation or continuation of pay for the first 3 days of temporary disability, except as provided under paragraph (3) of subsection (a). A Postal Service employee may use annual leave, sick leave, or leave without pay during that 3-day period, except that if the disability exceeds 14 days or is followed by permanent disability, the employee may have their sick leave or annual leave reinstated or receive pay for the time spent on leave without pay under this section.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- Section 8118(b)(1) of title 5, United States Code, is amended to read as follows:
`(1) without a break in time, except as provided under section 8117(b), unless controverted under regulations of the Secretary'.
SEC. 902. DISABILITY RETIREMENT FOR POSTAL EMPLOYEES.
(a) TOTAL DISABILITY- Section 8105 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following: `This section applies to a Postal Service employee, except as provided under subsection (c).'; and
(2) by adding at the end the following:
`(c)(1) In this subsection, the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).
`(2) Notwithstanding any other provision of law, for any injury occurring on or after the date of enactment of the Postal Accountability and Enhancement Act, and for any new claim for a period of disability commencing on or after that date, the compensation entitlement for total disability is converted to 50 percent of the monthly pay of the employee on the later of--
`(A) the date on which the injured employee reaches retirement age; or
`(B) 1 year after the employee begins receiving compensation.'.
(b) PARTIAL DISABILITY- Section 8106 of title 5, United States Code, is amended--
(1) in subsection (a), by adding at the end the following: `This section applies to a Postal Service employee, except as provided under subsection (d).'; and
(2) by adding at the end the following:
`(d)(1) In this subsection, the term `retirement age' has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).
`(2) Notwithstanding any other provision of law, for any injury occurring on or after the date of enactment of this subsection, and for any new claim for a period of disability commencing on or after that date, the compensation entitlement for partial disability is converted to 50 percent of the difference between the monthly pay of an employee and the monthly wage earning capacity of the employee after the beginning of partial disability on the later of--
`(A) the date on which the injured employee reaches retirement age; or
`(B) 1 year after the employee begins receiving compensation.'.
TITLE X--MISCELLANEOUS
SEC. 1001. EMPLOYMENT OF POSTAL POLICE OFFICERS.
Section 404 of title 39, United States Code (as amended by this Act), is further amended by adding at the end the following:
`(d) The Postal Service may employ guards for all buildings and areas owned or occupied by the Postal Service or under the charge and control of the Postal Service, and may give such guards, with respect to such property, any of the powers of special policemen provided under section 1315 of title 40. The Postmaster General, or the designee of the Postmaster General, may take any action that the Secretary of Homeland Security may take under section 1315 of title 40, with respect to that property.
SEC. 1002. OBSOLETE PROVISIONS.
(a) REPEAL-
(1) IN GENERAL- Chapter 52 of title 39, United States Code, is repealed.
(2) CONFORMING AMENDMENTS- (A) Section 5005(a) of title 39, United States Code, is amended--
(i) by striking paragraph (1), and by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and
(ii) in paragraph (3) (as so designated by clause (i)), by striking `(as defined in section 5201(6) of this title)'.
(B) Section 5005(b) of such title 39 is amended by striking `(a)(4)' each place it appears and inserting `(a)(3)'.
(C) Section 5005(c) of such title 39 is amended by striking `by carrier or person under subsection (a)(1) of this section, by contract under subsection (a)(4) of this section, or' and inserting `by contract under subsection (a)(3) of this section or'.
(b) ELIMINATING RESTRICTION ON LENGTH OF CONTRACTS- (1) Section 5005(b)(1) of title 39, United States Code, is amended by striking `(or where the Postal Service determines that special conditions or the use of special equipment warrants, not in excess of 6 years)' and inserting `(or such longer period of time as may be determined by the Postal Service to be advisable or appropriate)'.
(2) Section 5402(d) of such title 39 is amended by striking `for a period of not more than 4 years'.
(3) Section 5605 of such title 39 is amended by striking `for periods of not in excess of 4 years'.
(c) TECHNICAL AND CONFORMING AMENDMENT- The table of chapters for part V of title 39, United States Code, is amended by repealing the item relating to chapter 52.
SEC. 1003. REDUCED RATES.
Section 3626 of title 39, United States Code, is amended--
(1) in subsection (a), by striking all before paragraph (4) and inserting the following:
`(a)(1) Except as otherwise provided in this section, rates of postage for a class of mail or kind of mailer under former section 4358, 4452(b), 4452(c), 4554(b), or 4554(c) of this title shall be established in accordance with section 3622.
`(2) For the purpose of this subsection, the term `regular-rate category' means any class of mail or kind of mailer, other than a class or kind referred to in section 2401(c).
`(3) Rates of postage for a class of mail or kind of mailer under former section 4358(a) through (c) of this title shall be established so that postage on each mailing of such mail reflects its preferred status as compared to the postage for the most closely corresponding regular-rate category mailing.';
(2) in subsection (g), by adding at the end the following:
`(3) For purposes of this section and former section 4358(a) through (c) of this title, those copies of an issue of a publication entered within the county in which it is published, but distributed outside such county on postal carrier routes originating in the county of publication, shall be treated as if they were distributed within the county of publication.
`(4)(A) In the case of an issue of a publication, any number of copies of which are mailed at the rates of postage for a class of mail or kind of mailer under former section 4358(a) through (c) of this title, any copies of such issue which are distributed outside the county of publication (excluding any copies subject to paragraph (3)) shall be subject to rates of postage provided for under this paragraph.
`(B) The rates of postage applicable to mail under this paragraph shall be established in accordance with section 3622.
`(C) This paragraph shall not apply with respect to an issue of a publication unless the total paid circulation of such issue outside the county of publication (not counting recipients of copies subject to paragraph (3)) is less than 5,000.'; and
(3) by adding at the end the following:
`(n) In the administration of this section, matter that satisfies the circulation standards for requester publications shall not be excluded from being mailed at the rates for mail under former section 4358 solely because such matter is designed primarily for free circulation or for circulation at nominal rates, or fails to meet the requirements of former section 4354(a)(5).'.
SEC. 1004. SENSE OF CONGRESS REGARDING POSTAL SERVICE PURCHASING REFORM.
It is the sense of Congress that the Postal Service should--
(1) ensure the fair and consistent treatment of suppliers and contractors in its current purchasing policies and any revision or replacement of such policies, such as through the use of competitive contract award procedures, effective dispute resolution mechanisms, and socioeconomic programs; and
(2) implement commercial best practices in Postal Service purchasing policies to achieve greater efficiency and cost savings as recommended in July 2003 by the President's Commission on the United States Postal Service, in a manner that is compatible with the fair and consistent treatment of suppliers and contractors, as befitting an establishment in the United States Government.
SEC. 1005. CONTRACTS FOR TRANSPORTATION OF MAIL BY AIR.
(a) Definitions- Section 5402(a) of title 39, United States Code, is amended--
(1) in paragraph (4), by striking `(g)(1)(D)(i)' and inserting `(g)(1)(A)(iv)(I)';
(2) in paragraph (5), by striking `(g)(1)(D)(i)' and inserting `(g)(1)(A)(iv)(I)';
(3) in paragraph (6), by striking `only';
(4) in paragraph (8), by striking `rates paid to a bush carrier' and inserting `linehaul rates and a single terminal handling payment at a bush terminal handling rate paid to a bush carrier';
(5) in paragraph (11), by striking `(g)(1)(D)(ii)' and inserting `(g)(1)(A)(iv)(II)';
(6) in paragraph (13)--
(A) in subparagraph (A)--
(i) by striking `clause (i) or (ii) of subsection (g)(1)(D)' and inserting `subclause (I) or (II) of subsection (g)(1)(A)(iv)'; and
(ii) by striking `and' after the semicolon;
(B) in subparagraph (B), by adding `and' after the semicolon; and
(C) by adding at the end the following:
`(C) is not comprised of previously qualified existing mainline carriers as a result of merger or sale;';
(7) in paragraph (18), by striking `bush routes' and inserting `routes'; and
(8) in paragraph (22), by striking `bush routes' and inserting `routes'.
(b) Nonpriority Bypass Mail- Section 5402(g) of title 39, United States Code, is amended--
(1) in paragraph (2)(C), by inserting `or a destination city' after `acceptance point and a hub';
(2) in paragraph (3), by adding at the end the following:
`(C) When a new hub results from a change in a determination under subparagraph (B), mail tender from that hub during the 12-month period beginning on the effective date of that change shall be based on the passenger and freight shares to the destinations of the affected hub or hubs resulting in the new hub.'; and
(3) in paragraph (5)(A)(i), by striking `(g)(1)(D)(ii)' and inserting `(g)(1)(A)(iv)(II)'.
(c) Equitable Tender- Section 5402(h) of title 39, United States Code, is amended--
(1) in paragraph (1), by inserting `bush' after `providing scheduled';
(2) by striking paragraph (3) and inserting the following:
`(3)(A) Except as provided under subparagraph (C), a new or existing 121 bush passenger carrier qualified under subsection (g)(1) shall be exempt from the requirements under paragraphs (1)(B) and (2)(A) on a city pair route for a period which shall extend for--
`(i) 1 year;
`(ii) 1 year in addition to the extension under clause (i) if, as of the conclusion of the first year, such carrier has been providing not less than 5 percent of the passenger service on that route (as calculated under paragraph (5)); and
`(iii) 1 year in addition to the extension under clause (ii) if, as of the conclusion of the second year, such carrier has been providing not less than 10 percent of the passenger service on that route (as calculated under paragraph (5)).
`(B)(i) The first 3 121 bush passenger carriers entitled to the exemptions under subparagraph (A) on any city pair route shall divide no more than an additional 10 percent of the mail, apportioned equally, comprised of no more than--
`(I) 5 percent of the share of each qualified passenger carrier servicing that route that is not a 121 bush passenger carrier; and
`(II) 5 percent of the share of each nonpassenger carrier servicing that route that transports 25 percent or more of the total nonmail freight under subsection (i)(1).
`(ii) Additional 121 bush passenger carriers entering service on that city pair route after the first 3 shall not receive any additional mail share.
`(iii) If any 121 bush passenger carrier on a city pair route receiving an additional share of the mail under clause (ii) discontinues service on that route, the 121 bush passenger carrier that has been providing the longest period of service on that route and is otherwise eligible but is not receiving a share by reason of clause (ii), shall receive the share of the carrier discontinuing service.
`(C) Notwithstanding the requirements of this subsection, if only 1 passenger carrier or aircraft is qualified to be tendered nonpriority bypass mail as a passenger carrier or aircraft on a city pair route in the State of Alaska, the Postal Service shall tender 20 percent of the nonpriority bypass mail described under paragraph (1) to the passenger carrier or aircraft providing at least 10 percent of the passenger service on such route.';
(3) in paragraph (5)(A)--
(A) by striking `(i)' after `(A)'; and
(B) by striking clause (ii).
(d) Percent of Nonmail Freight- Section 5402(i)(6) of title 39, United States Code, is amended--
(1) by striking `(A)' after `(6)'; and
(2) by striking subparagraph (B).
(e) Percent of Tender Rate- Section 5402(j)(3)(B) of title 39, United States Code, is amended by striking `bush routes in the State of Alaska' and inserting `routes served exclusively by bush carriers in the State of Alaska'.
(f) Determination of Rates- Section 5402(k) of title 39, United States Code, is amended by striking paragraph (5).
(g) Technical and Conforming Amendment- Section 5402(p)(3) of title 39, United States Code, is amended by striking `(g)(1)(D)' and inserting `(g)(1)(A)(iv)'.
(h) Effective Date-
(1) IN GENERAL- Except as provided under paragraph (2), this section shall take effect on the date of enactment of this Act.
(2) EQUITABLE TENDER- Subsection (c) shall take effect on July 1, 2006.
Attest:
Secretary.
