I 112th CONGRESS 2d Session H. R. 5790 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.

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). .

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.

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).