1.This Act may be cited as the
Postal Operations Sustainment and
Transformation Act of 2010
or the POST
Act of 2010
.
2.
(a)Section 8348(h) of
title 5, United States Code, is amended—
(1)in paragraph
(2)—
(A)by striking
subparagraph (B) and inserting the following:
(B)The Office shall
redetermine the Postal surplus or supplemental liability as of the close of the
fiscal year ending September 30, 2010, and for each year thereafter, through
the fiscal year ending September 30, 2042. The results of the redetermination,
including appropriate supporting analyses and documentation, shall be reported
to the Postal Service on or before March 31 of the subsequent fiscal year. If
the result for a fiscal year is a surplus, that amount shall remain in the Fund
until distribution is authorized under subparagraph (C). Beginning March 31,
2017, if the result is a supplemental liability, the Office shall establish an
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,
2042.
;
and
(B)in subparagraph
(C)—
(i)by
inserting (i)
after (C)
;
(ii)by
striking 2015, 2025, 2035, and 2039
and inserting 2017,
2022, 2027, 2032, 2037, and 2042
; and
(iii)by adding at
the end the following:
(ii)(I)As of the close of the
fiscal years ending September 30, 2010, 2011, 2012, 2013, 2014, 2015, and 2016,
if the result is a surplus, that amount, or any part of that amount, may be
transferred to the Postal Service Retiree Health Benefits Fund.
(II)Any transfer under subclause (I)
shall be—
- (aa)made at the discretion of the Board of
Governors of the Postal Service in the amount determined by the Board of
Governors, except the amount may not exceed the amount under section
8909a(d)(3)(A) for the applicable fiscal year; and
- (bb)credited to the Postal Service for
payment of the amount required under section 8909a(d)(3)(A) for the applicable
fiscal year.
(III)The Board of Governors
shall—
- (aa)provide written notice to the Office of
any amount to be transferred under this clause; and
- (bb)take all actions under this clause by a
majority vote.
(IV)The Office shall transfer any
amount determined by the Board of Governors to the credit of the Postal Service
in accordance with this clause.
;
and
(2)by adding at the end the following:
(4)To the extent
that a determination under paragraph (1)(A), relating to benefits attributable
to civilian employment with the United States Postal Service, is based on the
first sentence of section 8339(a), such determination shall be made in
accordance with such sentence and otherwise applicable provisions of law,
subject to the following:
(A)The average
pay used in the case of any individual shall be a single amount,
determined in accordance with section 8331(4), taking into account the rates of
basic pay in effect for such individual during the periods of creditable
service performed by such individual. Nothing in this subsection shall be
considered to permit or require—
(i)one determination
of average pay with respect to service performed with the United States Postal
Service; and
(ii)a separate
determination of average pay with respect to service performed with its
predecessor entity in function.
(B)To determine the
portion of an annuity attributable to civilian employment with the United
States Postal Service, the appropriate percentage to apply under the provisions
of section 8339(a) with respect to such employment is, in the case of—
(i)any period of
employment with the United States Postal Service which follows
(ii)any other period
of employment creditable under section 8332 (whether with the entity referred
to under subparagraph (A)(ii) or otherwise),
the
applicable percentage under such provisions, determined after taking into
account any periods of employment described in clause (ii) which precede the
period of employment (described in clause (i)) as to which the determination of
the appropriate percentage to apply under section 8339(a) is being
made..
(b)It is the intent of Congress that the amendments made by
this section apply with respect to the allocation of past, present, and future
benefit liabilities between the United States Postal Service and the Treasury
of the United States.
3.Other Postal
Service provisions
(a)Section 101(b) of
title 39, United States Code, is amended—
(1)by striking a maximum degree
of
; and
(2)by striking
where post offices
and all that follows through a
deficit
.
(b)Section 404 of title 39, United States Code, is
amended—
(1)in subsection
(a)—
(A)by redesignating
paragraphs (6) through (8) as paragraphs (7) through (9), respectively;
and
(B)by inserting
after paragraph (5) the following:
(6)to provide other
services that are not postal services, as defined in section 102(5), after
determining that the provision of such services utilizes the processing,
transportation, delivery, retail network, or technology of the Postal Service
in a manner that is consistent with the public
interest;
;
(2)in subsection
(d)(2)—
(A)in subparagraph
(A), by striking shall consider—
and inserting the following:
“shall give primary consideration to whether such closing or consolidation is
consistent with the policy of the Government, as stated in section 101(b) of
this title, that the Postal Service shall provide effective and regular postal
services to rural areas, communities, and small towns;
(B)shall also
consider—
;
(B)by striking
whether such closing
and all that follows through
(iv)
;
(C)by striking
(v)
and inserting (iv)
; and
(D)by striking
(B)
and inserting (C)
; and
(3)in subsection
(e)(1), by inserting before the period at the end the following: ,
except that the term nonpostal service
shall not include any
service that may be offered pursuant to specific authority in this title or
pursuant to other statutory authority
.
(c)Cooperation
with other agenciesSection 411 of title 39, United States Code,
is amended in the first sentence by striking and the Government Printing
Office
inserting , the Government Printing Office, and agencies
and other units of State and local governments
.
(d)
(1)
(A)Section 1716(f) of title 18, United States Code, is
amended, by striking mails
and inserting mails, except to
the extent that the mailing is allowable under section 3001(p) of title
39
.
(B)Section
1154(a) of title 18, United States Code, is amended, by inserting or,
with respect to the mailing of wine or malt beverages, to the extent allowed
under section 3001(p) of title 39
after mechanical
purposes
.
(2)Section
3001 of title 39, United States Code, is amended by adding at the end the
following subsection:
(p)(1)Wine or malt beverages
shall be considered mailable if mailed by a licensed winery or brewery, in
accordance with applicable regulations under paragraph (2).
(2)The Postal Service shall prescribe
such regulations as may be necessary to carry out this subsection, including
regulations providing that—
(A)the mailing shall be by a means
established by the Postal Service to ensure direct delivery to the addressee or
a duly authorized agent at a postal facility;
(B)the addressee (and any duly authorized
agent) shall be an individual at least 21 years of age, and shall present a
valid, government-issued photo identification at the time of delivery;
(C)the wine or malt beverages may not be
for resale or other commercial purpose; and
(D)the winery or brewery involved
shall—
(i)certify in writing to the
satisfaction of the Postal Service that the mailing is not in violation of any
provision of this subsection or regulation prescribed under this subsection;
and
(ii)provide any other information or
affirmation that the Postal Service may require, including with respect to the
prepayment of State alcohol beverage taxes.
(3)For purposes of this subsection, a
winery or brewery shall be considered to be licensed if it holds an appropriate
basic permit issued under the Federal Alcohol Administration
Act.
.
(3)The amendments made by this subsection shall take effect 180
days after the date of enactment of this Act.
(e)Arbitration;
labor disputesSection 1207(c)(2) of title 39, United States
Code, is amended—
(1)by inserting
(A)
after (2)
;
(2)by striking the
last sentence and inserting The arbitration board shall render a
decision not later than 45 days after the date of its appointment.
;
and
(3)by adding at the
end the following:
(B)In rendering a decision under this
paragraph, the arbitration board shall consider such relevant factors
as—
(i)the financial condition of the
Postal Service;
(ii)the flexibilities and restrictions
in the rate system established under the Postal Accountability and Enhancement
Act (Public Law 109–435), and the amendments made by that Act; and
(iii)the requirement related to pay
and compensation comparability included in section 1003(a) of this
title.
.
(f)Revised
reporting requirementSection 3652(a) of title 39, United States
Code, is amended by striking 90 days after the end of each year
and inserting the next January 15 after the end of each
year
.
(g)No limitation
on frequency of mail deliveryNotwithstanding any other provision
of law, the United States Postal Service shall exercise authority under section
3691 of title 39, United States Code, and section 301 of the Postal
Accountability and Enhancement Act to adjust the frequency of the delivery of
mail.
4.This Act and the
amendments made by this Act shall take effect on the date of enactment of this
Act.