[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1262 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1262

  To reform the United States Postal Service in order to fulfill its 
constitutional mandate, to improve its efficiency, to help it meet its 
universal service obligation, and to facilitate private sector economic 
                                growth.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2011

Mr. Connolly of Virginia (for himself, Ms. Norton, Mr. Deutch, and Mr. 
Davis of Illinois) introduced the following bill; which was referred to 
 the Committee on Oversight and Government Reform, and in addition to 
    the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To reform the United States Postal Service in order to fulfill its 
constitutional mandate, to improve its efficiency, to help it meet its 
universal service obligation, and to facilitate private sector economic 
                                growth.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reform the Postal 
Service for the 21st Century Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Assistance to facilitate voting by mail.
Sec. 4. Provisions relating to the postal delivery vehicle fleet.
Sec. 5. Forever box.
Sec. 6. Nonpostal products and services.
Sec. 7. Study relating to consolidated mailings.
Sec. 8. Study relating to the cost of Government mailings.
Sec. 9. Packaging of postal services and products.
Sec. 10. After-delivery payment arrangements.
Sec. 11. Small business mailing pools.
Sec. 12. Electronic post office box services.
Sec. 13. Contracting provisions.
Sec. 14. Supervisory and other managerial organizations of the Postal 
                            Service.
Sec. 15. Energy efficiency projects.
Sec. 16. Required period for notice and comment with respect to changes 
                            in mailing rules.
Sec. 17. Negotiated service agreements for market-dominant products.
Sec. 18. Electronic communication products.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Postal Service'' means the United States 
        Postal Service;
            (2) the term ``market-dominant product'' has the meaning 
        given such term by section 102 of title 39, United States Code;
            (3) the term ``Postal fleet'' means that portion of the 
        Federal fleet (within the meaning of section 303(b) of the 
        Energy Policy Act of 1992 (42 U.S.C. 13212(b)) which is owned, 
        operated, leased, or otherwise controlled by or assigned to the 
        Postal Service and used primarily in the delivery of mail;
            (4) the term ``motor vehicle'' means any self-propelled 
        vehicle designed for transporting persons or property on a 
        street or highway;
            (5) the term ``electric motor vehicle'' means a motor 
        vehicle powered solely by an electric motor that draws current 
        from rechargeable storage batteries, fuel cells, photovoltaic 
        arrays, or other sources of electric current;
            (6) the term ``small business concern'' means a small 
        business as defined pursuant to section 3 of the Small Business 
        Act (15 U.S.C. 632) and relevant regulations promulgated 
        pursuant thereto;
            (7) the term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States; and
            (8) the term ``United States'', as used in a geographical 
        sense, includes the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 3. ASSISTANCE TO FACILITATE VOTING BY MAIL.

    It is the sense of Congress that the Postal Service should consider 
a simplified rate structure for election ballots sent by voters by mail 
as part of its review of potential new election mail products.

SEC. 4. PROVISIONS RELATING TO THE POSTAL DELIVERY VEHICLE FLEET.

    (a) Electric Vehicles.--The Postal Service shall implement a plan, 
which it shall present in advance to Congress, to replace or convert 
2,000 gasoline-powered delivery vehicles with electric vehicles by 
January 1, 2017.
    (b) Conversion to Electric Motor Vehicles.--
            (1) In general.--It is the sense of Congress that the 
        Postal Service should--
                    (A) during each year in the 10-year period 
                beginning on the date of enactment of this Act, replace 
                at least 10 percent of the gasoline-powered motor 
                vehicles in the Postal fleet with electric motor 
                vehicles;
                    (B) take such measures as may be necessary to 
                ensure that, by the end of the 10-year period described 
                in subparagraph (A), at least 75 percent of the Postal 
                fleet is comprised of electric motor vehicles; and
                    (C) carry out the preceding provisions of this 
                paragraph, in coordination with local electric 
                distribution companies, in a manner consistent with the 
                goals of--
                            (i) maintaining electric grid reliability; 
                        and
                            (ii) minimizing charging costs of electric 
                        motor vehicles in the Postal fleet.
            (2) Buy american.--Notwithstanding any other provision of 
        law, electric motor vehicles acquired to carry out this 
        subsection shall be electric motor vehicles manufactured in the 
        United States. The Postal Service shall ensure that 
        manufacturers of electric motor vehicles so acquired solicit 
        competitive bids for electric drive components and storage 
        devices from domestic manufacturers that participate in the 
        Department of Energy's Electric Drive Vehicle Battery and 
        Component Manufacturing Initiative (or successor program, as 
        determined by the Postal Service in consultation with the 
        Secretary of Energy).
            (3) Borrowing authority.--
                    (A) In general.--The Postal Service may borrow 
                money and issue and sell such obligations as it 
                determines necessary to carry out this subsection.
                    (B) Terms and conditions.--The authority under 
                subparagraph (A) shall be available to the Postal 
                Service, subject to the provisions of sections 2005 
                through 2007 of title 39, United States Code, to the 
                same extent and in the same manner as if it were the 
                corresponding authority described in the first sentence 
                of subsection (a)(1) of such section 2005, except 
                that--
                            (i) the amount of obligations outstanding 
                        under this paragraph shall not be taken into 
                        account nor subject to--
                                    (I) the last sentence of subsection 
                                (a)(1) of such section 2005;
                                    (II) subsection (a)(2) of such 
                                section 2005, except as provided in 
                                clause (iv); or
                                    (III) the dollar-amount limitation 
                                set forth in section 2006(b) of such 
                                title;
                            (ii) obligations issued by the Postal 
                        Service under this paragraph shall mature 
                        within a period not to exceed 10 years from the 
                        date of issuance;
                            (iii)(I) if the Secretary of the Treasury 
                        makes an election under section 2006(a) to 
                        purchase such obligations, the rate of interest 
                        on such obligations shall be zero; and
                            (II) if those obligations are issued and 
                        sold under the last sentence of section 2006(a) 
                        to a party or parties other than the Secretary 
                        of the Treasury, any interest on such 
                        obligations shall be payable by the Government 
                        of the United States and not by the Postal 
                        Service;
                            (iv) if the Postal Service does not repay 
                        the principal of any obligations under this 
                        paragraph (whether sold in the manner described 
                        in clause (iii)(I) or issued in the manner 
                        described in clause (iii)(II)) in timely 
                        fashion--
                                    (I) the unpaid portion of such 
                                principal shall, after the deadline for 
                                repayment, be taken into account for 
                                purposes of section 2005(a)(2) of such 
                                title 39; and
                                    (II) if the application of 
                                subclause (I) causes the aggregate 
                                amount of obligations, issued by the 
                                Postal Service, which are outstanding 
                                at any one time to exceed the maximum 
                                amount allowable under such section 
                                2005(a)(2), the further exercise of any 
                                borrowing authority under this 
                                paragraph shall be suspended until such 
                                aggregate amount is reduced to a level 
                                that does not exceed that maximum 
                                amount allowable; and
                            (v) the aggregate amount of obligations 
                        outstanding under this paragraph at any one 
                        time shall not exceed $6,000,000,000.
    (c) Authority To Use Fleet Vehicles for Certain Purposes Besides 
Mail Delivery.--
            (1) In general.--Section 404(a) of title 39, United States 
        Code, is amended--
                    (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 services, other than postal services (as 
        defined in section 102(5)) and in a manner that generates 
        revenue for the Postal Service, if the Postal Service 
        determines that the provision of that service would utilize the 
        processing, transportation, delivery, retail network, or 
        technology of the Postal Service in a manner that is consistent 
        with the public interest;''.
            (2) Reporting requirement.--Not later than 2 years after 
        the date of enactment of this Act, the Postal Service shall 
        submit to Congress a written report on the operation of the 
        amendment made by paragraph (1). Such report shall specifically 
        include a description of any agreements or other arrangements 
        entered into by the Postal Service for the purpose of allowing 
        vehicles in the Postal fleet to be used for purposes relating 
        to monitoring weather conditions (including air pollution) or 
        road conditions. Such report shall--
                    (A) to the extent that it relates to monitoring 
                weather conditions, be prepared in consultation with 
                the National Weather Service;
                    (B) to the extent that it relates to monitoring air 
                pollution, be prepared in consultation with the 
                Environmental Protection Agency; and
                    (C) to the extent that it relates to monitoring 
                road conditions, be prepared in consultation with the 
                Department of Transportation.

SEC. 5. FOREVER BOX.

    It is the sense of Congress that the Postal Service should consider 
creating a ``Forever Box'' for customers to mail parcels of a certain 
size, analogous to the ``Forever Stamp''.

SEC. 6. NONPOSTAL PRODUCTS AND SERVICES.

    (a) Co-Location of Post Offices at Retail Facilities.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Postal Service shall submit a plan 
        on the co-location of post offices at retail facilities to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
            (2) Contents.--The plan under paragraph (1) shall--
                    (A) be developed in consultation with the Postal 
                Regulatory Commission;
                    (B) provide for an increase in the co-location of 
                post offices at retail facilities to enable the United 
                States Postal Service to offer its products and 
                services at those locations;
                    (C) consider the impact of any co-location 
                decisions on small communities and rural areas before 
                taking actions to co-locate post offices; and
                    (D) ensure that--
                            (i) service shall continue in small 
                        communities and rural areas after 
                        implementation of the plan;
                            (ii) the United States Postal Service 
                        solicits community input before making 
                        decisions about co-location;
                            (iii) the quality of products and services 
                        offered in co-located facilities are consistent 
                        with those offered in post offices;
                            (iv) products and services provided in co-
                        located facilities will be provided through the 
                        employment of employees of the Postal Service, 
                        to the same extent as if such products and 
                        services had not been relocated from a post 
                        office; and
                            (v) co-location shall be permitted only to 
                        the extent that the Postal Service determines 
                        (and the Postal Regulatory Commission concurs) 
                        that net revenues will increase with respect to 
                        the operations of the post office or post 
                        offices so co-located.
            (3) Reporting requirement.--The Postal Service shall submit 
        a report, once every 2 years, on the progress of implementing 
        the plan on the co-location of post offices at retail 
        facilities under this subsection to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
    (b) Specific Powers.--Section 404(a) of title 39, United States 
Code, is amended--
            (1) by redesignating paragraphs (6) through (8) as 
        paragraphs (7) through (9), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) to provide services other than postal services, but 
        only after determining that the provision of those other 
        services would use the processing, transportation, delivery, 
        retail network, and technology of the Postal Service (whichever 
        apply) in a manner that is consistent with the public 
        interest;''.
    (c) Wine and Beer Shipping.--
            (1) Amendments to title 18, united states code.--
                    (A) Nonmailable articles.--Section 1716(f) of title 
                18, United States Code, is amended by striking 
                ``mails'' and inserting ``mails, except to the extent 
                that the mailing is allowable under section 3001(p) of 
                title 39''.
                    (B) Intoxicants.--Section 1154(a) of title 18, 
                United States Code, is amended by inserting ``or, with 
                respect to the mailing of wine or malt beverages, to 
                the extent allowed under section 3001(p) of title 39'' 
                after ``mechanical purposes''.
            (2) Amendment to title 39, united states code.--Section 
        3001 of title 39, United States Code, is amended by adding at 
        the end the following:
    ``(p)(1) Wine or malt beverages shall be considered mailable if 
mailed 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 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) Effective date.--The amendments made by this subsection 
        shall take effect 180 days after the date of enactment of this 
        Act.

SEC. 7. STUDY RELATING TO CONSOLIDATED MAILINGS.

    (a) Definitions.--For purposes of this section--
            (1) the term ``transpromotional mailing'' refers to the use 
        of a single mailing to provide, in addition to information 
        provided by the mailing source, other information of potential 
        interest to the recipient from a different source; and
            (2) the term ``consolidated mailing'' refers to a combined 
        mailing, contained in a single envelope or cover, comprised of 
        mail matter from more than one Federal agency.
    (b) Study.--The Postal Service shall conduct a study and submit to 
Congress, within 2 years after the date of enactment of this Act, a 
report on ways to promote the use of transpromotional or consolidated 
mailings. Included as part of such report shall be--
            (1) findings regarding the effect that the greater use of 
        transpromotional or consolidated mailings is likely to have in 
        terms of--
                    (A) expanded mail volume;
                    (B) efficiencies in the dissemination of 
                information by Federal agencies; and
                    (C) other relevant measures; and
            (2) recommendations for such legislation or other actions 
        as the Postal Service considers necessary to achieve the 
        optimal levels of transpromotional or consolidated mailings.

SEC. 8. STUDY RELATING TO THE COST OF GOVERNMENT MAILINGS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, there shall be submitted to Congress the results of a study 
relating to the mailing costs, attributable to each agency or other 
entity in the executive branch of the Government, of sending mail by 
using the Postal Service, as compared to the services of a carrier 
other than the Postal Service. The report shall include, for the Postal 
Service and each of the other respective carriers--
            (1) an estimate of the per-mile mailing costs for each 
        class of mail; and
            (2) such other information as may be necessary to allow 
        meaningful comparisons to be made.
    (b) Regulations.--The requirements of this section shall be carried 
out in such manner as the President may require.

SEC. 9. PACKAGING OF POSTAL SERVICES AND PRODUCTS.

    It is the sense of Congress that the Postal Service should 
consider--
            (1) establishing packages of postal services and products; 
        and
            (2) marketing those packages to small businesses and other 
        potential users.

SEC. 10. AFTER-DELIVERY PAYMENT ARRANGEMENTS.

    Nothing in title 39, United States Code, or any other provision of 
law, shall prevent the Postal Service from entering into arrangements 
whereby the sender of a mailing may be allowed to defer payment of 
postage until after the item involved has been delivered.

SEC. 11. SMALL BUSINESS MAILING POOLS.

    (a) In General.--Nothing in title 39, United States Code, or any 
other provision of law, shall prevent the Postal Service from 
promoting, or providing technical assistance in connection with, the 
creation of small business and other mailing pools, the purpose of 
which is to allow each member of such pool to take advantage of postage 
rates applicable to bulk mailings and other discounts.
    (b) Reporting Requirement.--The Postal Service shall submit a 
written report to Congress, at least once every 3 years, on the 
operation of this section.

SEC. 12. ELECTRONIC POST OFFICE BOX SERVICES.

    (a) In General.--The Postal Service may, in partnership with a 
private sector provider of electronic mail services, carry out a pilot 
program which is designed to test the feasibility and desirability of 
an integrated electronic system for the receipt, storage, transport, 
and delivery of mail directed to physical addresses and post office 
boxes.
    (b) Reporting Requirement.--
            (1) In general.--Within 3 years after the date of enactment 
        of this Act, the Postal Service shall submit to Congress a 
        report describing the design, operation, and recommendations of 
        the Postal Service with respect to the pilot program under this 
        section.
            (2) Role of prc.--At least 6 months before submitting its 
        report to Congress, the Postal Service shall transmit a copy of 
        its report to the Postal Regulatory Commission for comments. 
        The Postal Service shall append to the report any written 
        comments received from the Postal Regulatory Commission under 
        this paragraph.

SEC. 13. CONTRACTING PROVISIONS.

    (a) In General.--Part I of title 39, United States Code, is amended 
by adding at the end the following:

                  ``Chapter 7--Contracting Provisions

``Sec.
``701. Definitions.
``702. Advocate for competition.
``703. Delegation of contracting authority.
``704. Posting of justifications of noncompetitive contracts.
``705. Review of ethical issues.
``706. Ban on certain contracts.
``Sec. 701. Definitions
    ``In this chapter--
            ``(1) the term `contracting officer' means an employee of a 
        covered postal entity who has authority to enter into a postal 
        contract;
            ``(2) the term `covered postal entity' means--
                    ``(A) the United States Postal Service; or
                    ``(B) the Postal Regulatory Commission;
            ``(3) the term `head of a covered postal entity' means--
                    ``(A) in the case of the United States Postal 
                Service, the Postmaster General; or
                    ``(B) in the case of the Postal Regulatory 
                Commission, the Postal Regulatory Commission;
            ``(4) the term `postal contract' means any contract 
        (including any agreement or memorandum of understanding) 
        entered into by a covered postal entity for the procurement of 
        goods or services; and
            ``(5) the term `senior procurement executive' means the 
        senior procurement executive of a covered postal entity.
``Sec. 702. Advocate for competition
    ``(a) Establishment and Designation.--
            ``(1) There is established in each covered postal entity an 
        advocate for competition.
            ``(2) The head of each covered postal entity shall--
                    ``(A) designate for the covered postal entity and 
                for each procuring activity of the covered postal 
                entity 1 officer or employee (other than the senior 
                procurement executive) to serve as the advocate for 
                competition;
                    ``(B) not assign such officer or employee any 
                duties or responsibilities that are inconsistent with 
                the duties and responsibilities of the advocates for 
                competition; and
                    ``(C) provide such officer or employee with such 
                staff or assistance as may be necessary to carry out 
                the duties and responsibilities of the advocate for 
                competition, such as persons who are specialists in 
                engineering, technical operations, contract 
                administration, financial management, supply 
                management, and utilization of small and disadvantaged 
                business concerns.
    ``(b) Duties and Functions.--The advocate for competition of each 
covered postal entity shall--
            ``(1) be responsible for challenging barriers to and 
        promoting full and open competition in the procurement of goods 
        and services by the covered postal entity;
            ``(2) review the procurement activities of the covered 
        postal entity;
            ``(3) identify and report to the senior procurement 
        executive--
                    ``(A) opportunities and actions taken to maximize 
                full and open competition in the procurement activities 
                of the covered postal entity; and
                    ``(B) any condition or action which has the effect 
                of unnecessarily restricting competition in the 
                procurement actions of the covered postal entity;
            ``(4) prepare and transmit to the head of each covered 
        postal entity, the Board of Governors of the United States 
        Postal Service, and Congress an annual report describing--
                    ``(A) the activities of the advocate under this 
                section;
                    ``(B) initiatives required to increase competition; 
                and
                    ``(C) barriers to the use of full and open 
                competition to the maximum extent practicable;
            ``(5) recommend to the senior procurement executive the 
        goals and the plans for increasing competition on a fiscal year 
        basis;
            ``(6) recommend to the senior procurement executive a 
        system of personal and organizational accountability for 
        competition, which may include the use of recognition and 
        awards to motivate program managers, contracting officers, and 
        others in authority to promote competition in procurement 
        programs; and
            ``(7) describe other ways in which the covered postal 
        entity has emphasized competition in programs for procurement 
        training and research.
    ``(c) Responsibilities.--The advocate for competition for each 
procuring activity shall be responsible for promoting full and open 
competition, promoting the acquisition of commercial items, and 
challenging barriers to such acquisition, including such barriers as 
unnecessarily restrictive statements of need, unnecessarily detailed 
specifications, and unnecessarily burdensome contract clauses.
``Sec. 703. Delegation of contracting authority
    ``(a) In General.--
            ``(1) Policy.--Not later than 60 days after the date of 
        enactment of the U.S. Postal Service Improvements Act of 2010, 
        the head of each covered postal entity shall issue a policy on 
        contracting officer delegations of authority for the covered 
        postal entity.
            ``(2) Contents.--The policy issued under paragraph (1) 
        shall require that--
                    ``(A) notwithstanding any delegation of contracting 
                authority, the ultimate responsibility and 
                accountability for the award and administration of 
                postal contracts resides with the senior procurement 
                executive; and
                    ``(B) a contracting officer shall maintain an 
                awareness of and engagement in the activities being 
                performed on postal contracts for which that officer 
                has cognizance notwithstanding any delegation of 
                authority that may have been executed.
    ``(b) Posting of Delegations.--
            ``(1) In general.--The head of each covered postal entity 
        shall make any delegation of authority outside the functional 
        contracting unit for the procurement of goods or services which 
        exceeds the simplified acquisition threshold, as defined under 
        section 4(11) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(11)) including any adjustment under section 35A 
        of that Act (41 U.S.C. 431A), available on the website of the 
        covered postal entity.
            ``(2) Effective date.--This paragraph shall apply to any 
        delegation of authority made on or after 30 days after the date 
        of enactment of the U.S. Postal Service Improvements Act of 
        2010.
``Sec. 704. Posting of justifications of noncompetitive contracts
    ``(a) In General.--Not later than 14 days after the date of the 
award of any noncompetitive contract which exceeds the simplified 
acquisition threshold, as defined under section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(11)) including any 
adjustment under section 35A of that Act (41 U.S.C. 431A), or within 30 
days if the justification and approval for that contract is urgent and 
compelling, a covered postal entity shall make publicly available the 
documents containing the justification and approval of that contract.
    ``(b) Website.--
            ``(1) In general.--Subject to paragraph (2), the documents 
        described under subsection (a) shall be made available on the 
        website of the covered postal entity.
            ``(2) Protection of proprietary information.--The covered 
        postal entity shall carefully screen all justifications for 
        proprietary data, and any references and citations as are 
        necessary to protect the proprietary data, or security related 
        information and remove all such data or information before 
        making the justifications available.
``Sec. 705. Review of ethical issues
    ``If a contracting officer identifies any ethical issues relating 
to a proposed contract and submits those issues and that proposed 
contract to the designated ethics official for the covered postal 
entity before the awarding of that contract, that ethics official 
shall--
            ``(1) review the proposed contract; and
            ``(2) advise the contracting officer on the appropriate 
        resolution of ethical issues.
``Sec. 706. Ban on certain contracts
    ``(a) Definitions.--In this section--
            ``(1) the term `covered employee' means--
                    ``(A) a contracting officer; or
                    ``(B) any employee of a covered postal entity whose 
                decisionmaking affects a postal contract as determined 
                by regulations prescribed by the head of a covered 
                postal entity; and
            ``(2) the term `final conviction' means a conviction, 
        whether entered on a verdict or plea, including a plea of nolo 
        contendere, for which a sentence has been imposed;
    ``(b) In General.--
            ``(1) Regulations.--The head of each covered postal entity 
        shall prescribe regulations that--
                    ``(A) prohibit a covered employee from entering 
                into a postal contract with any party with whom that 
                covered employee is closely affiliated in a 
                nongovernmental capacity, regardless of whether or not 
                the postal contract is for private gain;
                    ``(B) require a contractor to timely disclose to 
                the chief ethics officers of the covered postal entity 
                any relationship described under subparagraph (A) with 
                a covered employee in a bid, solicitation, award, or 
                performance of a postal contract; and
                    ``(C) include authority for the head of the covered 
                postal entity to a grant waiver to any prohibition or 
                requirement under subparagraph (A) or (B).
            ``(2) Posting of waivers.--Not later than 30 days after the 
        head of a covered postal entity grants a waiver described under 
        paragraph (1)(C), the head of the covered postal entity shall 
        make the waiver available on the website of the covered postal 
        entity.
    ``(c) Contract Voidance and Recovery.--
            ``(1) Bribery and graft convictions.--In any case in which 
        there is a final conviction for a violation of any provision of 
        chapter 11 of title 18 relating to a postal contract, the head 
        of a covered postal entity may--
                    ``(A) void that contract; and
                    ``(B) recover the amounts expended and property 
                transferred by the covered postal entity under that 
                contract.
            ``(2) Obtaining or disclosing procurement information.--
                    ``(A) In general.--In any case described under 
                subparagraph (B) relating to a postal contract, the 
                head of a covered postal entity may--
                            ``(i) void that contract; and
                            ``(ii) recover the amounts expended and 
                        property transferred by the covered postal 
                        entity under that contract.
                    ``(B) Conviction or administrative determination.--
                A case described under subparagraph (A) is any case in 
                which--
                            ``(i) there is a final conviction for an 
                        offense punishable under section 27(e) of the 
                        Office of Federal Procurement Policy Act (41 
                        U.S.C. 423(e)); or
                            ``(ii) the head of a covered postal entity 
                        determines, based upon a preponderance of the 
                        evidence, that the contractor or someone acting 
                        for the contractor has engaged in conduct 
                        constituting an offense punishable under 
                        section 27(e) of that Act.''.
    (b) Technical and Conforming Amendment.--The table of chapters for 
part I of title 39, United States Code, is amended by adding at the end 
the following:

``7. Contracting Provisions.................................     701''.

SEC. 14. SUPERVISORY AND OTHER MANAGERIAL ORGANIZATIONS OF THE POSTAL 
              SERVICE.

    Section 1004 of title 39, United States Code, is amended--
            (1) in subsection (a), by inserting ``to ensure reasonable 
        and sustainable workloads and schedules for supervisory and 
        management employees;'' after ``other managerial personnel;'';
            (2) in subsection (b) (in the second sentence), by 
        inserting ``as provided under subsection (d) and any changes 
        in, or termination of, pay policies and schedules and fringe 
        benefit programs for members of the supervisors' organization 
        as provided under subsection (e)'' before the period; and
            (3) in subsection (e)(1), by inserting ``, or termination 
        of,'' after ``any changes in''.

SEC. 15. ENERGY EFFICIENCY PROJECTS.

    (a) In General.--In order to help finance energy efficiency 
projects with respect to postal operations and facilities, the Postal 
Service shall have available to it the authority described in 
subsection (b).
    (b) Authority Described.--The authority described in this 
subsection is the authority to borrow money and to issue and sell 
obligations. The authority described in the preceding sentence shall be 
available to the Postal Service--
            (1) in order to carry out subsection (a), subject to the 
        same terms and conditions as apply with respect to the 
        corresponding authority made available under paragraph (3) of 
        section 4(a) in order to carry out the purposes of such section 
        4(a); except that
            (2) the aggregate amount of obligations outstanding under 
        this paragraph at any one time shall not exceed $1,000,000,000.
    (c) Reporting Requirement.--The Postal Service shall submit a 
written report to Congress, once every 2 years, on the operation of 
this section.

SEC. 16. REQUIRED PERIOD FOR NOTICE AND COMMENT WITH RESPECT TO CHANGES 
              IN MAILING RULES.

    (a) In General.--The Postal Service shall by regulation establish 
procedures under which, before adding, eliminating, or modifying any 
mailing rules--
            (1) notice of the proposed change shall be provided by 
        publication in the Federal Register; and
            (2) a minimum of 30 days shall be provided, after the date 
        of such publication, for public comment.
    (b) Exceptions.--Subsection (a)--
            (1) shall not apply to any classification or other rules 
        changes that must be brought before the Postal Regulatory 
        Commission; and
            (2) shall not apply to any change that the Postmaster 
        General certifies has a cumulative cost, to users of the mail, 
        of less than $5,000,000 per year.
    (c) Mailing Rules Defined.--For purposes of this section, the term 
``mailing rules'' means any rules or other requirements of the Postal 
Service--
            (1) for qualifying, entering, accepting, certifying, or 
        validating mail for specific rates, products, or services; or
            (2) otherwise affecting utilization of the postal system, 
        by a business, nonprofit mailer, or other person.
Such term includes any rule or other requirement that increases the 
cost of compliance with existing rules or requirements, whether or not 
reflected in any discount provided.

SEC. 17. NEGOTIATED SERVICE AGREEMENTS FOR MARKET-DOMINANT PRODUCTS.

    The Postal Service shall submit a written report to Congress, once 
every 2 years, on measures taken, progress achieved, and any 
impediments encountered, with respect to the implementation of the 
special classifications and agreements (as described in section 
subsection (c)(10) of section 3622 of title 39, United States Code), in 
connection with the establishment and operation of a system for 
regulating rates and classes for market-dominant products.

SEC. 18. ELECTRONIC COMMUNICATION PRODUCTS.

    The Postal Service and Postal Regulatory Commission shall, within 
12 months after the date of the enactment of this Act, report to 
Congress on the advisability of creating a not-for-profit venture 
capital program to help the Postal Service identify and develop 
electronic communication products that would increase net revenue for 
the Postal Service.
                                 <all>