1.Short title; table of
contents
(a)This Act may be cited
as the Reform the Postal Service for
the 21st Century Act
.
(b)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.
2.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.
3.Assistance to
facilitate voting by mailIt
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.
4.Provisions
relating to the postal delivery vehicle fleet
(a)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)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)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)
(A)The Postal Service
may borrow money and issue and sell such obligations as it determines necessary
to carry out this subsection.
(B)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)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)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.
5.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”.
6.Nonpostal
products and services
(a)Co-Location of
post offices at retail facilities
(1)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)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)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)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)
(1)Amendments to
title 18, United States Code
(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)Amendment to
title 39, United States CodeSection 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)The amendments made by
this subsection shall take effect 180 days after the date of enactment of this
Act.
7.Study relating to
consolidated mailings
(a)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)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.
8.Study relating to
the cost of Government mailings
(a)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)The
requirements of this section shall be carried out in such manner as the
President may require.
9.Packaging of
postal services and productsIt 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.
10.After-delivery
payment arrangementsNothing
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.
11.Small business
mailing pools
(a)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)The Postal Service shall submit a written report to
Congress, at least once every 3 years, on the operation of this section.
12.Electronic post
office box services
(a)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)
(1)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)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.
13.
(a)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.
701.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.
702.
(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)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)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.
703.Delegation of
contracting authority
(a)
(1)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)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)
(1)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)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.
704.Posting of
justifications of noncompetitive contracts
(a)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)
(1)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 informationThe 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.
705.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.
706.
(a)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)
(1)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)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 convictionsIn 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 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 determinationA 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 amendmentThe table of chapters for part I of title
39, United States Code, is amended by adding at the end the following:
7.
Contracting
Provisions701
.
14.Supervisory and other
managerial organizations of the Postal ServiceSection 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
.
15.Energy
efficiency projects
(a)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)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)The Postal Service shall submit a written report to
Congress, once every 2 years, on the operation of this section.
16.Required period
for notice and comment with respect to changes in mailing rules
(a)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)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)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.17.Negotiated
service agreements for market-dominant productsThe 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.
18.Electronic
communication productsThe
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.