[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5790 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5790

To provide for the transfer of the United States Postal Service surplus 
  with respect to certain retirement benefits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2012

   Mr. Baca introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To provide for the transfer of the United States Postal Service surplus 
  with respect to certain retirement benefits, and for other purposes.

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

SECTION 1. TRANSFER OF POSTAL SERVICE SURPLUS.

    Section 8423(b) of title 5, United States Code, is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
    ``(5)(A) In this paragraph, the term `postal funding surplus' means 
the amount by which the amount computed under paragraph (1)(B) is less 
than zero.
    ``(B)(i) For each of fiscal years 2012, 2013, and 2014, if the 
amount computed under paragraph (1)(B) is less than zero, the Director 
shall transfer to the United States Postal Service from the Fund an 
amount equal to the postal funding surplus for that fiscal year for use 
in accordance with this paragraph.
    ``(ii) The Office shall calculate the amount under paragraph (1)(B) 
for a fiscal year by not later than 90 days after the end of such 
fiscal year, and shall transfer any postal funding surplus to the 
United States Postal Service within 90 days after such calculation.
    ``(C) Any postal funding surplus for a fiscal year shall be used by 
the United States Postal Service as follows:
            ``(i) 50 percent of such surplus shall be used to repay any 
        obligation issued under section 2005 of title 39.
            ``(ii) 25 percent of such surplus shall be used to make 
        required payments to the Postal Service Retiree Health Benefits 
        Fund established under section 8909a.
            ``(iii) 25 percent of such surplus shall be used to make 
        required payments to the Civil Service Retirement and 
        Disability Fund.
    ``(D)(i) With respect to the allocations in subparagraph (C)(ii) 
and(C)(iii), the United States Postal Service may adjust the percentage 
of surplus used for each such an allocation as the Postal Service deems 
necessary, but at no time may the Postal Service use an amount greater 
than 50 percent of such surplus for such an allocation.
    ``(ii) Nothing in this subparagraph shall be construed to grant 
authority to the Postal Service to change or otherwise modify the 
allocation required in subparagraph (C)(i).''.

SEC. 2. HEALTH BENEFITS PROGRAM FOR POSTAL SERVICE EMPLOYEES.

    It is the sense of Congress that, if the United States Postal 
Service is permitted to offer Postal Service employees health benefits 
under a program separate from the health benefits program for Federal 
employees under chapter 89 of title 5, United States Code, the 
Postmaster General shall work with representatives of Postal Service 
employees in exclusive bargaining units to create and establish such a 
program.

SEC. 3. AUTHORITY TO PROVIDE NON-POSTAL SERVICES.

    Section 404 of title 39, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) to provide nonpostal services.''; and
            (2) by striking subsection (e).
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