[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1625 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1625

 To restore the financial solvency of the United States Postal Service 
and to ensure the efficient and affordable nationwide delivery of mail.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2011

  Mr. McCain introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To restore the financial solvency of the United States Postal Service 
and to ensure the efficient and affordable nationwide delivery of mail.

    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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Postal Reform Act 
of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
                 TITLE I--POSTAL SERVICE MODERNIZATION

            Subtitle A--Commission on Postal Reorganization

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Commission on Postal Reorganization.
Sec. 104. Recommendations for closures and consolidations.
Sec. 105. Implementation of closures and consolidations.
Sec. 106. Congressional consideration of final CPR reports.
Sec. 107. Nonappealability of decisions.
Sec. 108. Rules of construction.
                      Subtitle B--Other Provisions

Sec. 111. Frequency of mail delivery.
Sec. 112. Efficient and flexible universal postal service.
Sec. 113. More cost-efficient Postal Service contracting.
Sec. 114. Enhanced reporting on Postal Service efficiency.
   TITLE II--POSTAL SERVICE FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

               Subtitle A--Establishment and Organization

Sec. 201. Purposes.
Sec. 202. Establishment of the Authority.
Sec. 203. Membership and qualification requirements.
Sec. 204. Organization.
Sec. 205. Executive Director and staff.
Sec. 206. Funding.
                  Subtitle B--Powers of the Authority

Sec. 211. Powers.
Sec. 212. Exemption from liability for claims.
Sec. 213. Treatment of actions arising under this title.
Subtitle C--Establishment and Enforcement of Financial Plan and Budget 
                         for the Postal Service

Sec. 221. Development of financial plan and budget for the Postal 
                            Service.
Sec. 222. Process for submission and approval of financial plan and 
                            budget.
Sec. 223. Responsibilities of the Authority.
Sec. 224. Effect of finding noncompliance with financial plan and 
                            budget.
Sec. 225. Recommendations regarding financial stability, etc.
Sec. 226. Special rules for fiscal year in which control period 
                            commences.
Sec. 227. Assistance in achieving financial stability, etc.
Sec. 228. Obtaining reports.
Sec. 229. Reports and comments.
              Subtitle D--Termination of a Control Period

Sec. 231. Termination of control period, etc.
Sec. 232. Congressional consideration of recommendation.
                  TITLE III--POSTAL SERVICE WORKFORCE

                     Subtitle A--General Provisions

Sec. 301. Modifications relating to determination of pay comparability.
Sec. 302. Limitation on postal contributions under FEGLI and FEHBP.
Sec. 303. Repeal of provision relating to overall value of fringe 
                            benefits.
Sec. 304. Modifications relating to collective bargaining.
        Subtitle B--Postal Service Workers' Compensation Reform

Sec. 311. Sense of Congress.
                    TITLE IV--POSTAL SERVICE REVENUE

Sec. 401. Adequacy, efficiency, and fairness of postal rates.
Sec. 402. Repeal of rate preferences for qualified political 
                            committees.
Sec. 403. Rate preferences for nonprofit advertising.
Sec. 404. Streamlined review of qualifying service agreements for 
                            competitive products.
Sec. 405. Submission of service agreements for streamlined review.
Sec. 406. Transparency and accountability for service agreements.
Sec. 407. Nonpostal services.
                   TITLE V--POSTAL CONTRACTING REFORM

Sec. 501. Contracting provisions.
Sec. 502. Technical amendment to definition.

                 TITLE I--POSTAL SERVICE MODERNIZATION

            Subtitle A--Commission on Postal Reorganization

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``Commission on Postal 
Reorganization Act'' or the ``CPR Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Postal Service'' means the United States 
        Postal Service;
            (2) the term ``postal retail facility'' means a post 
        office, post office branch, post office classified station, or 
        other facility which is operated by the Postal Service, and the 
        primary function of which is to provide retail postal services;
            (3) the term ``mail processing facility'' means a 
        processing and distribution center, processing and distribution 
        facility, network distribution center, or other facility which 
        is operated by the Postal Service, and the primary function of 
        which is to sort and process mail;
            (4) the term ``district office'' means the central office 
        of an administrative field unit with responsibility for postal 
        operations in a designated geographic area (as defined under 
        regulations, directives, or other guidance of the Postal 
        Service, as in effect on June 23, 2011);
            (5) the term ``area office'' means the central office of an 
        administrative field unit with responsibility for postal 
        operations in a designated geographic area which is comprised 
        of designated geographic areas as referred to in paragraph (4); 
        and
            (6) the term ``baseline year'' means the fiscal year last 
        ending before the date of the enactment of this Act.

SEC. 103. COMMISSION ON POSTAL REORGANIZATION.

    (a) Establishment.--There shall be established, not later than 90 
days after the date of the enactment of this Act, an independent 
commission to be known as the ``Commission on Postal Reorganization'' 
(hereinafter in this section referred to as the ``Commission'').
    (b) Duties.--The Commission shall carry out the duties specified 
for it in this subtitle.
    (c) Members.--
            (1) In general.--The Commission shall be composed of 5 
        members who shall be appointed by the President, and of whom--
                    (A) 1 shall be appointed from among individuals 
                recommended by the Speaker of the House of 
                Representatives;
                    (B) 1 shall be appointed from among individuals 
                recommended by the majority leader of the Senate;
                    (C) 1 shall be appointed from among individuals 
                recommended by the minority leader of the House of 
                Representatives;
                    (D) 1 shall be appointed from among individuals 
                recommended by the minority leader of the Senate; and
                    (E) 1 shall be appointed from among individuals 
                recommended by the Comptroller General.
            (2) Qualifications.--
                    (A) In general.--Members of the Commission shall be 
                chosen to represent the public interest generally, and 
                shall not be representatives of specific interests 
                using the Postal Service.
                    (B) Ineligibility.--An individual may not be 
                appointed to serve as a member of the Commission if 
                such individual served as an employee of the Postal 
                Service or the Postal Regulatory Commission, or of a 
                labor organization representing employees of the Postal 
                Service or the Postal Regulatory Commission, during the 
                3-year period ending on the date of such appointment.
            (3) Political affiliation.--Not more than 3 members of the 
        Commission may be of the same political party.
    (d) Terms.--Each member of the Commission shall be appointed for 
the life of the Commission and may be removed only for cause.
    (e) Vacancies.--A vacancy in the Commission shall be filled in the 
same manner as the original appointment.
    (f) Chairman.--The President shall, at the time of making 
appointments under subsection (c), designate one of the members to 
serve as chairman of the Commission.
    (g) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member of the Commission shall be paid at a 
                rate equal to the daily equivalent of $40,000 per year 
                for each day (including travel time) during which the 
                member is engaged in the actual performance of duties 
                vested in the Commission.
                    (B) Exception.--Any member of the Commission who is 
                a full-time officer or employee of the United States 
                may not receive additional pay, allowances, or benefits 
                by reason of such member's service on the Commission.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions of subchapter I of 
        chapter 57 of title 5, United States Code.
    (h) Director.--The Commission shall have a Director who shall be 
appointed by the Commission. The Director shall be paid at the rate of 
basic pay for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code. An appointment under this subsection shall 
be subject to the requirements of subsection (c)(2).
    (i) Additional Personnel.--With the approval of the Commission, the 
Director may appoint and fix the pay of such additional personnel as 
the Director considers appropriate. Such additional personnel may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and may be 
paid without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classification and General 
Schedule pay rates, except that an individual so appointed may not 
receive pay at a rate of basic pay in excess of the rate of basic pay 
payable to the Director. An individual appointed under this subsection 
shall serve at the pleasure of the Director.
    (j) Provisions Relating to Details.--
            (1) In general.--Upon request of the Director, the head of 
        any Federal department or agency may detail any of the 
        personnel of such department or agency to the Commission to 
        assist the Commission in carrying out its duties under this 
        subtitle. Notwithstanding any other provision of law, to 
        provide continuity in the work of the Commission, such details 
        may be extended beyond 1 year at the request of the Director.
            (2) Numerical limitation.--Not more than \1/3\ of the 
        personnel of the Commission may consist of individuals on 
        detail from the Postal Service or the Postal Regulatory 
        Commission.
            (3) Other limitations.--A person may not be detailed to the 
        Commission from the Postal Service or the Postal Regulatory 
        Commission if such person participated personally and 
        substantially on any matter, within the Postal Service or the 
        Postal Regulatory Commission, concerning the preparation of 
        recommendations for closures or consolidations of postal 
        facilities under this subtitle. No employee of the Postal 
        Service or the Postal Regulatory Commission (including a 
        detailee to the Postal Service or the Postal Regulatory 
        Commission) may--
                    (A) prepare any report concerning the 
                effectiveness, fitness, or efficiency of the 
                performance, on the staff of the Commission, of any 
                person detailed from the Postal Service or the Postal 
                Regulatory Commission to such staff;
                    (B) review the preparation of such a report; or
                    (C) approve or disapprove such a report.
    (k) Other Authorities.--
            (1) Experts and consultants.--The Commission may procure by 
        contract, to the extent funds are available, temporary or 
        intermittent services under section 3109 of title 5, United 
        States Code.
            (2) Leasing, etc.--The Commission may lease space and 
        acquire personal property to the extent funds are available.
    (l) Authorization of Appropriations.--In order to carry out this 
section, there are authorized to be appropriated out of the Postal 
Service Fund $20,000,000, which funds shall remain available until 
expended.
    (m) Financial Reporting.--
            (1) Audit and expenditures.--The Commission shall be 
        responsible for issuing annual financial statements and for 
        establishing and maintaining adequate controls over its 
        financial reporting.
            (2) Internal audits.--The Commission shall maintain an 
        adequate internal audit of its financial transactions.
            (3) Annual certification.--The Commission shall obtain an 
        annual certification for each fiscal year from an independent, 
        certified public accounting firm of the accuracy of its 
        financial statements.
            (4) Comptroller general.--The accounts and operations of 
        the Commission shall be audited by the Comptroller General and 
        reports thereon made to the Congress to the extent and at such 
        times as the Comptroller General may determine.
    (n) Termination.--The Commission shall terminate 60 days after 
submitting its final reports under section 104(d)(3).

SEC. 104. RECOMMENDATIONS FOR CLOSURES AND CONSOLIDATIONS.

    (a) Plan for the Closure or Consolidation of Postal Retail 
Facilities.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Postal Service, in consultation 
        with the Postal Regulatory Commission, shall develop and submit 
        to the Commission on Postal Reorganization a plan for the 
        closure or consolidation of such postal retail facilities as 
        the Postal Service considers necessary and appropriate so that 
        the total annual costs attributable to the operation of postal 
        retail facilities will be, for each fiscal year beginning at 
        least 2 years after the date on which the Commission transmits 
        to Congress its final report under subsection (d)(3)(A) 
        relating to this subsection, at least $1,000,000,000 less than 
        the corresponding total annual costs for the baseline year.
            (2) Contents.--The plan shall include--
                    (A) a list of the postal retail facilities proposed 
                for closure or consolidation under this subtitle;
                    (B) a proposed schedule under which--
                            (i) closures and consolidations of postal 
                        retail facilities would be carried out under 
                        this subtitle; and
                            (ii) all closures and consolidations of 
                        postal retail facilities under this subtitle 
                        would be completed by not later than 2 years 
                        after the date on which the Commission 
                        transmits to Congress its final report under 
                        subsection (d)(3)(A) relating to such plan;
                    (C) the estimated total annual cost savings 
                attributable to the proposed closures and 
                consolidations described in the plan;
                    (D) the criteria and process used to develop the 
                information described in subparagraphs (A) and (B);
                    (E) the methodology and assumptions used to derive 
                the estimates described in subparagraph (C); and
                    (F) any changes to the processing, transportation, 
                delivery, or other postal operations anticipated as a 
                result of the proposed closures and consolidations 
                described in the plan.
            (3) Consistency.--The methodology and assumptions used to 
        derive the cost estimates described in paragraph (2)(C) shall 
        be consistent with the methodology and assumptions which would 
        have been used by the Postal Service if those closures and 
        consolidations had instead taken effect in the baseline year.
    (b) Plan for the Closure or Consolidation of Mail Processing 
Facilities.--
            (1) In general.--Not later than 300 days after the date of 
        the enactment of this Act, the Postal Service, in consultation 
        with the Inspector General of the United States Postal Service, 
        shall develop and submit to the Commission on Postal 
        Reorganization a plan for the closure or consolidation of such 
        mail processing facilities as the Postal Service considers 
        necessary and appropriate so that--
                    (A) the total annual costs attributable to the 
                operation of mail processing facilities will be, for 
                each fiscal year beginning at least 2 years after the 
                date on which the Commission transmits to Congress its 
                final report under subsection (d)(3)(A) relating to 
                this subsection, at least $1,000,000,000 less than the 
                corresponding total annual costs for the baseline year; 
                and
                    (B) the Postal Service has, for fiscal years 
                beginning at least 2 years after the date on which the 
                Commission transmits to Congress its final report under 
                subsection (d)(3)(A) relating to this subsection, no 
                more than 10 percent excess mail processing capacity.
            (2) Contents.--The plan shall include--
                    (A) a list of the mail processing facilities 
                proposed for closure or consolidation under this 
                subtitle;
                    (B) a proposed schedule under which--
                            (i) closures and consolidations of mail 
                        processing facilities would be carried out 
                        under this subtitle; and
                            (ii) all closures and consolidations of 
                        mail processing facilities under this subtitle 
                        would be completed by not later than 2 years 
                        after the date on which the Commission 
                        transmits to Congress its final report under 
                        subsection (d)(3)(A) relating to such plan;
                    (C) the estimated total annual cost savings 
                attributable to the proposed closures and 
                consolidations described in the plan;
                    (D) the criteria and process used to develop the 
                information described in subparagraphs (A) and (B);
                    (E) the methodology and assumptions used to derive 
                the estimates described in subparagraph (C); and
                    (F) any changes to the processing, transportation, 
                delivery, or other postal operations anticipated as a 
                result of the proposed closures and consolidations 
                described in the plan.
            (3) Consistency.--The methodology and assumptions used to 
        derive the cost estimates described in paragraph (2)(C) shall 
        be consistent with the methodology and assumptions which would 
        have been used by the Postal Service if those closures and 
        consolidations had instead taken effect in the baseline year.
            (4) Excess mail processing capacity.--The Commission shall 
        cause to be published in the Federal Register notice of a 
        proposed definition of ``excess mail processing capacity'' for 
        purposes of this section within 120 days after the date of the 
        enactment of this Act, and shall provide a period of 30 days 
        for public comment on the proposed definition. Not later than 
        180 days after the date of the enactment of this Act, the 
        Commission shall issue and cause to be published in the Federal 
        Register a final definition of ``excess mail processing 
        capacity'' for purposes of this section. Such definition shall 
        include an estimate of the total amount of excess mail 
        processing capacity in mail processing facilities as of the 
        date of the enactment of this Act.
    (c) Plan for the Closure or Consolidation of Area and District 
Offices.--
            (1) In general.--Not later than 300 days after the date of 
        the enactment of this Act, the Postal Service, in consultation 
        with the Inspector General of the United States Postal Service, 
        shall develop and submit to the Commission on Postal 
        Reorganization a plan for the closure or consolidation of such 
        area and district offices as the Postal Service considers 
        necessary and appropriate so that the combined total number of 
        area and district offices will be, for each fiscal year 
        beginning at least 2 years after the date on which the 
        Commission transmits to Congress its final report under 
        subsection (d)(3)(A) relating to this subsection, at least 30 
        percent less than the corresponding combined total for the 
        baseline year.
            (2) Contents.--The plan shall include--
                    (A) a list of the area and district offices 
                proposed for closure or consolidation under this 
                subtitle;
                    (B) a proposed schedule under which--
                            (i) closures and consolidations of area and 
                        district offices would be carried out under 
                        this subtitle; and
                            (ii) all closures and consolidations of 
                        area and district offices under this subtitle 
                        would be completed by not later than 2 years 
                        after the date on which the Commission 
                        transmits to Congress its final report under 
                        subsection (d)(3)(A) relating to such plan;
                    (C) the estimated total annual cost savings 
                attributable to the proposed closures and 
                consolidations described in the plan;
                    (D) the criteria and process used to develop the 
                information described in subparagraphs (A) and (B);
                    (E) the methodology and assumptions used to derive 
                the estimates described in subparagraph (C); and
                    (F) any changes to the processing, transportation, 
                delivery, or other postal operations anticipated as a 
                result of the proposed closures and consolidations 
                described in the plan.
            (3) Consistency.--The methodology and assumptions used to 
        derive the cost estimates described in paragraph (2)(C) shall 
        be consistent with the methodology and assumptions which would 
        have been used by the Postal Service if those closures and 
        consolidations had instead taken effect in the baseline year.
    (d) Review and Recommendations of the Commission.--
            (1) Initial reports.--
                    (A) In general.--After receiving the plan of the 
                Postal Service under subsection (a), (b), or (c), the 
                Commission on Postal Reorganization shall transmit to 
                Congress and publish in the Federal Register a report 
                under this paragraph, which shall contain the 
                Commission's findings based on a review and analysis of 
                such plan, together with the Commission's initial 
                recommendations for closures and consolidations of 
                postal facilities, mail processing facilities, or area 
                and district offices (as the case may be).
                    (B) Explanation of changes.--The Commission shall 
                explain and justify in its report any recommendations 
                made by the Commission that are different from those 
                contained in the Postal Service plan to which such 
                report pertains.
                    (C) Deadlines.--A report of the Commission under 
                this paragraph shall be transmitted and published, in 
                accordance with subparagraph (A), within--
                            (i) if the report pertains to the plan 
                        under subsection (a), 60 days after the date on 
                        which the Commission receives such plan; or
                            (ii) if the report pertains to the plan 
                        under subsection (b) or (c), 90 days after the 
                        date on which the Commission receives such 
                        plan.
            (2) Public hearings.--
                    (A) In general.--After receiving the plan of the 
                Postal Service under subsection (a), (b), or (c), the 
                Commission on Postal Reorganization shall conduct at 
                least 5 public hearings on such plan. The hearings 
                shall be conducted in geographic areas chosen so as to 
                reflect a broadly representative range of needs and 
                interests.
                    (B) Testimony.--All testimony before the Commission 
                at a public hearing conducted under this paragraph 
                shall be given under oath.
                    (C) Deadlines.--All hearings under this paragraph 
                shall be completed within 60 days after the date as of 
                which the Commission satisfies the requirements of 
                paragraph (1) with respect to such plan.
            (3) Final reports.--
                    (A) In general.--After satisfying the requirements 
                of paragraph (2) with respect to the plan of the Postal 
                Service under subsection (a), (b), or (c) (as the case 
                may be), the Commission shall transmit to Congress and 
                publish in the Federal Register a report under this 
                paragraph containing a summary of the hearings 
                conducted with respect to such plan, together with the 
                Commission's final recommendations for closures and 
                consolidations of postal facilities, mail processing 
                facilities, or area and district offices (as the case 
                may be).
                    (B) Approval.--Recommendations under subparagraph 
                (A) shall not be considered to be final recommendations 
                unless they are made with--
                            (i) except as provided in clause (ii), the 
                        concurrence of at least 4 members of the 
                        Commission; or
                            (ii) to the extent that the requirements of 
                        subsection (b)(1)(A) or (c)(1) are not met, 
                        with the concurrence of all sitting members, 
                        but only if the shortfall (relative to the 
                        requirements of subsection (b)(1)(A) or (c)(1), 
                        as the case may be) does not exceed 25 percent.
                    (C) Contents.--A report under this paragraph shall 
                include--
                            (i) the information required by paragraph 
                        (2) of subsection (a), (b), or (c) (as the case 
                        may be); and
                            (ii) a description of the operations that 
                        will be affected by the closure or 
                        consolidation and the facilities or offices 
                        which will be performing or ceasing to perform 
                        such operations as a result of such closure or 
                        consolidation.
                    (D) Deadlines.--A report of the Commission under 
                this paragraph shall be transmitted and published, in 
                accordance with subparagraph (A), within 60 days after 
                the date as of which the Commission satisfies the 
                requirements of paragraph (2) with respect to the plan 
                involved.

SEC. 105. IMPLEMENTATION OF CLOSURES AND CONSOLIDATIONS.

    (a) In General.--Subject to subsection (b), the Postal Service 
shall--
            (1) close or consolidate (as the case may be) the 
        facilities and offices recommended by the Commission in each of 
        its final reports under section 104(d)(3); and
            (2) carry out those closures and consolidations in 
        accordance with the timetable recommended by the Commission in 
        such report, except that in no event shall any such closure or 
        consolidation be completed later than 2 years after the date on 
        which such report is submitted to Congress.
    (b) Congressional Disapproval.--
            (1) In general.--The Postal Service may not carry out any 
        closure or consolidation recommended by the Commission in a 
        final report if a joint resolution disapproving the 
        recommendations of the Commission is enacted, in accordance 
        with section 106, before the earlier of--
                    (A) the end of the 30-day period beginning on the 
                date on which the Commission transmits those 
                recommendations to Congress under section 104(d)(3); or
                    (B) the adjournment of the Congress sine die for 
                the session during which such report is transmitted.
            (2) Days of session.--For purposes of paragraph (1) and 
        subsections (a) and (c) of section 106, the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than 7 days to a day certain shall be 
        excluded in the computation of a period.

SEC. 106. CONGRESSIONAL CONSIDERATION OF FINAL CPR REPORTS.

    (a) Terms of the Resolution.--For purposes of this subtitle, the 
term ``joint resolution'', as used with respect to a report under 
section 104(d)(3), means only a joint resolution--
            (1) which is introduced within the 10-day period beginning 
        on the date on which such report is received by Congress;
            (2) the matter after the resolving clause of which is as 
        follows: ``That Congress disapproves the recommendations of the 
        Commission on Postal Reorganization, submitted by such 
        Commission on __, and pertaining to the closure or 
        consolidation of __.'', the first blank space being filled in 
        with the appropriate date and the second blank space being 
        filled in with ``postal facilities'', ``mail processing 
        facilities'', or ``area and district offices'' (as the case may 
        be);
            (3) the title of which is as follows: ``Joint resolution 
        disapproving the recommendations of the Commission on Postal 
        Reorganization.''; and
            (4) which does not have a preamble.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives or the Senate shall be 
referred to the appropriate committees of the House of Representatives 
or the Senate, respectively.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the Commission transmits the report (to which such 
resolution pertains) to Congress under section 104(d)(3), such 
committee shall, at the end of such period, be discharged from further 
consideration of such resolution, and such resolution shall be placed 
on the appropriate calendar of the House involved.
    (d) Consideration.--
            (1) In general.--On or after the third day after the date 
        on which the committee to which such a resolution is referred 
        has reported, or has been discharged (under subsection (c)) 
        from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution. A 
        Member may make the motion only on the day after the calendar 
        day on which the Member announces to the House concerned the 
        Member's intention to make the motion, except that, in the case 
        of the House of Representatives, the motion may be made without 
        such prior announcement if the motion is made by direction of 
        the committee to which the resolution was referred. All points 
        of order against the resolution (and against consideration of 
        the resolution) are waived. The motion is highly privileged in 
        the House of Representatives and is privileged in the Senate 
        and is not debatable. The motion is not subject to amendment, 
        or to a motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        resolution is agreed to, the respective House shall immediately 
        proceed to consideration of the joint resolution without 
        intervening motion, order, or other business, and the 
        resolution shall remain the unfinished business of the 
        respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on a resolution described in 
        subsection (a) and a single quorum call at the conclusion of 
        the debate if requested in accordance with the rules of the 
        appropriate House, the vote on final passage of the resolution 
        shall occur.
            (4) Appeals.--Appeals from the decisions of the Chair 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to a resolution described in subsection (a) shall be 
        decided without debate.
    (e) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        resolution of that House described in subsection (a), that 
        House receives from the other House a resolution (described in 
        subsection (a)) relating to the same report, then the following 
        procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to the resolution described in 
                subsection (a) (relating to the report in question) of 
                the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution (relating to the 
                        same report) had been received from the other 
                        House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Disposition of a resolution.--Upon disposition of the 
        resolution received from the other House, it shall no longer be 
        in order to consider the resolution that originated in the 
        receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 107. NONAPPEALABILITY OF DECISIONS.

    (a) To PRC.--The closing or consolidation of any facility or office 
under this subtitle may not be appealed to the Postal Regulatory 
Commission under section 404(d) of title 39, United States Code, or any 
other provision of such title, or the subject of an advisory opinion 
issued by the Postal Regulatory Commission under section 3661 of such 
title.
    (b) Judicial Review.--No process, report, recommendation, or other 
action of the Commission on Postal Reorganization shall be subject to 
judicial review.

SEC. 108. RULES OF CONSTRUCTION.

    (a) Continued Availability of Authority To Close or Consolidate 
Postal Facilities.--
            (1) In general.--Nothing in this subtitle shall be 
        considered to prevent the Postal Service from closing or 
        consolidating any postal facilities, in accordance with 
        otherwise applicable provisions of law, either before or after 
        the implementation of any closures or consolidations under this 
        subtitle.
            (2) Coordination rule.--No appeal or determination under 
        section 404(d) of title 39, United States Code, or any other 
        provision of law shall delay, prevent, or otherwise affect any 
        closure or consolidation under this subtitle.
    (b) Inapplicability of Certain Provisions.--
            (1) In general.--The provisions of law identified in 
        paragraph (2)--
                    (A) shall not apply to any closure or consolidation 
                carried out under this subtitle; and
                    (B) shall not be taken into account for purposes of 
                carrying out section 103 or 104.
            (2) Provisions identified.--The provisions of law under 
        this paragraph are--
                    (A) section 101(b) of title 39, United States Code; 
                and
                    (B) section 404(d) of title 39, United States Code.

                      Subtitle B--Other Provisions

SEC. 111. FREQUENCY OF MAIL DELIVERY.

    Section 101 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(h) Nothing in this title or any other provision of law shall be 
considered to prevent the Postal Service from taking whatever actions 
may be necessary to provide for 5-day delivery of mail and a 
commensurate adjustment in rural delivery of mail, subject to the 
requirements of section 3661.''.

SEC. 112. EFFICIENT AND FLEXIBLE UNIVERSAL POSTAL SERVICE.

    (a) Postal Policy.--
            (1) In general.--Section 101(b) of title 39, United States 
        Code, is amended to read as follows:
    ``(b) The Postal Service shall provide effective and regular postal 
services to rural areas, communities, and small towns where post 
offices are not self-sustaining.''.
            (2) Conforming amendments.--(A) Clause (iii) of section 
        404(d)(2)(A) of title 39, United States Code, is amended to 
        read as follows:
                    ``(iii) whether such closing or consolidation is 
                consistent with the policy of the Government, as stated 
                in section 101(b), that the Postal Service shall 
                provide effective and regular postal services to rural 
                areas, communities, and small towns where post offices 
                are not self-sustaining;''.
            (B) Section 2401(b)(1) of title 39, United States Code, is 
        amended (in the matter before subparagraph (A)), by striking 
        ``a maximum degree of''.
    (b) General Duty.--Paragraph (3) of section 403(b) of title 39, 
United States Code, is amended to read as follows:
            ``(3) to ensure that postal patrons throughout the Nation 
        will, consistent with reasonable economies of postal 
        operations, have ready access to essential postal services.''.
    (c) PRC Review of Determinations To Close or Consolidate a Post 
Office.--
            (1) Deadline for review.--Section 404(d)(5) of title 39, 
        United States Code, is amended by striking ``120 days'' and 
        inserting ``60 days''.
            (2) Exclusion from review.--Section 404(d) of title 39, 
        United States Code, is amended by adding at the end the 
        following:
    ``(7)(A) The appeals process set forth in paragraph (5) shall not 
apply to a determination of the Postal Service to close a post office 
if there is located, within 2 miles of such post office, a qualified 
contract postal unit.
    ``(B) For purposes of this paragraph--
            ``(i) the term `contract postal unit' means a store or 
        other place of business which--
                    ``(I) is not owned or operated by the Postal 
                Service; and
                    ``(II) in addition to its usual operations, 
                provides postal services to the general public under 
                contract with the Postal Service; and
            ``(ii) the term `qualified contract postal unit', as used 
        in connection with a post office, means a contract postal unit 
        which--
                    ``(I) begins to provide postal services to the 
                general public during the period--
                            ``(aa) beginning 1 year before the date on 
                        which the closure or consolidation of such post 
                        office is scheduled to take effect; and
                            ``(bb) ending on the 15th day after the 
                        date on which the closure or consolidation of 
                        such post office is scheduled to take effect; 
                        and
                    ``(II) has not, pursuant to subparagraph (A), 
                served as the basis for exempting any other post office 
                from the appeals process set forth in paragraph (5).
    ``(C)(i) If the contract postal unit (which is providing postal 
services that had been previously provided by the post office that was 
closed) does not continue to provide postal services, as required by 
subparagraph (B)(i)(II), for at least the 2-year period beginning on 
the date on which such post office was closed, the contract postal unit 
shall be subject to a closure determination by the Postal Service to 
decide whether a post office must be reopened within the area 
(delimited by the 2-mile radius referred to in subparagraph (A)).
    ``(ii) A decision under clause (i) not to reopen a post office may 
be appealed to the Postal Regulatory Commission under procedures which 
the Commission shall by regulation prescribe. Such procedures shall be 
based on paragraph (5), except that, for purposes of this clause, 
paragraph (5)(C) shall be applied by substituting `in violation of 
section 101(b), leaving postal patrons without effective and regular 
access to postal services' for `unsupported by substantial evidence on 
the record'.''.
            (3) Applicability.--The amendments made by this subsection 
        shall not apply with respect to any appeal, notice of which is 
        received by the Postal Regulatory Commission before the date of 
        the enactment of this Act (determined applying the rules set 
        forth in section 404(d)(6) of title 39, United States Code).
    (d) Expedited Procedures.--
            (1) In general.--Section 3661 of title 39, United States 
        Code, is amended by adding at the end the following:
    ``(d)(1) The Commission shall issue its opinion within 90 days 
after the receipt of any proposal (as referred to in subsection (b)) 
concerning--
            ``(A) the closing or consolidation of post offices to a 
        degree that will generally affect service on a nationwide or 
        substantially nationwide basis; or
            ``(B) an identical or substantially identical proposal on 
        which the Commission issued an opinion within the preceding 5 
        years.
    ``(2) If necessary in order to comply with the 90-day requirement 
under paragraph (1), the Commission may apply expedited procedures 
which the Commission shall by regulation prescribe.''.
            (2) Regulations.--The Postal Regulatory Commission shall 
        prescribe any regulations necessary to carry out the amendment 
        made by paragraph (1) within 90 days after the date of the 
        enactment of this Act.
            (3) Applicability.--The amendment made by this subsection 
        shall apply with respect to any proposal received by the Postal 
        Regulatory Commission on or after the earlier of--
                    (A) the 90th day after the date of the enactment of 
                this Act; or
                    (B) the effective date of the regulations under 
                paragraph (2).

SEC. 113. MORE COST-EFFICIENT POSTAL SERVICE CONTRACTING.

    (a) In General.--Section 410 of title 39, United States Code, is 
amended--
            (1) in subsection (b), by striking paragraph (4) and 
        inserting the following:
            ``(4) sections 3114-3116, 3118, 3131, and 3133;''; and
            (2) by striking subsection (d).
    (b) Applicability.--The amendments made by subsection (a) shall be 
effective with respect to contracts and agreements first entered into 
on or after the date of the enactment of this Act.

SEC. 114. ENHANCED REPORTING ON POSTAL SERVICE EFFICIENCY.

    Section 3652(a) of title 39, United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding after paragraph (2) the following:
            ``(3) which shall provide the overall change in Postal 
        Service productivity and the resulting effect of such change on 
        overall Postal Service costs during such year, using such 
        methodologies as the Commission shall by regulation 
        prescribe.''.

   TITLE II--POSTAL SERVICE FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

               Subtitle A--Establishment and Organization

SEC. 201. PURPOSES.

    (a) Purposes.--The purposes of this title are as follows:
            (1) To eliminate budget deficits and cash shortages of the 
        Postal Service through visionary financial planning, sound 
        budgeting, accurate revenue forecasts, and careful spending.
            (2) To ensure the universal service mandate detailed in 
        section 101 of title 39, United States Code, is maintained 
        during a period of fiscal emergency.
            (3) To conduct necessary investigations and studies to 
        determine the fiscal status and operational efficiency of the 
        Postal Service.
            (4) To assist the Postal Service in--
                    (A) restructuring its organization and workforce to 
                bring expenses in line with diminishing revenue and 
                generate sufficient profits for capital investment and 
                repayment of debt;
                    (B) meeting all fiscal obligations to the Treasury 
                of the United States; and
                    (C) ensuring the appropriate and efficient delivery 
                of postal services.
            (5) To provide the Postal Service with a temporary increase 
        in its borrowing authority to enable the Postal Service to 
        complete necessary restructuring.
            (6) To ensure the long-term financial, fiscal, and economic 
        vitality and operational efficiency of the Postal Service.
    (b) Reservation of Powers.--Nothing in this title may be 
construed--
            (1) to relieve any obligations existing as of the date of 
        the enactment of this Act of the Postal Service to the Treasury 
        of the United States; or
            (2) to limit the authority of Congress to exercise ultimate 
        legislative authority over the Postal Service.

SEC. 202. ESTABLISHMENT OF THE AUTHORITY.

    (a) Establishment.--There shall be established, upon the 
commencement of any control period, an entity to be known as the 
``Postal Service Financial Responsibility and Management Assistance 
Authority'' (hereinafter in this title referred to as the 
``Authority'').
    (b) Control Period.--
            (1) Commencement of a control period.--For purposes of this 
        title, a control period commences whenever the Postal Service 
        has been in default to the Treasury of the United States, with 
        respect to any loans, bonds, notes, or other form of borrowing, 
        for a period of at least 30 days.
            (2) Treatment of authorities and responsibilities of the 
        board of governors, etc. during a control period.--During a 
        control period--
                    (A) all authorities and responsibilities of the 
                Board of Governors, and the individual Governors, of 
                the Postal Service under title 39, United States Code, 
                and any other provision of law shall be assumed by the 
                Authority; and
                    (B) the Board of Governors, and the individual 
                Governors, may act in an advisory capacity only.
            (3) Treatment of certain postal service executives during a 
        control period.--
                    (A) Definition.--For the purposes of this section, 
                the term ``Level-Two Postal Service Executive'' 
                includes the Postmaster General, the Deputy Postmaster 
                General, and all other officers or employees of the 
                Postal Service in level two of the Postal Career 
                Executive Service (or the equivalent).
                    (B) Treatment.--Notwithstanding any other provision 
                of law or employment contract, during a control 
                period--
                            (i) all Level-Two Postal Service Executives 
                        shall serve at the pleasure of the Authority;
                            (ii) the duties and responsibilities of all 
                        Level-Two Postal Service Executives, as well as 
                        the terms and conditions of their employment 
                        (including their compensation), shall be 
                        subject to determination or redetermination by 
                        the Authority;
                            (iii) total compensation of a Level-Two 
                        Postal Service Executive may not, for any year 
                        in such control period, exceed the annual rate 
                        of basic pay payable for level I of the 
                        Executive Schedule under section 5312 of title 
                        5, United States Code, for such year; for 
                        purposes of this clause, the term ``total 
                        compensation'' means basic pay, bonuses, 
                        awards, and all other monetary compensation;
                            (iv) the percentage by which the rate of 
                        basic pay of a Level-Two Postal Service 
                        Executive is increased during any year in such 
                        control period may not exceed the percentage 
                        change in the Consumer Price Index for All 
                        Urban Consumers, unadjusted for seasonal 
                        variation, for the most recent 12-month period 
                        available, except that, in the case of a Level-
                        Two Postal Service Executive who has had a 
                        significant change in job responsibilities, a 
                        greater change shall be allowable if approved 
                        by the Authority;
                            (v) apart from basic pay, a Level-Two 
                        Postal Service Executive may not be afforded 
                        any bonus, award, or other monetary 
                        compensation for any fiscal year in the control 
                        period if expenditures of the Postal Service 
                        for such fiscal year exceeded revenues of the 
                        Postal Service for such fiscal year (determined 
                        in accordance with generally accepted 
                        accounting principles); and
                            (vi) no deferred compensation may be paid, 
                        accumulated, or recognized in the case of any 
                        Level-Two Postal Service Executive, with 
                        respect to any year in a control period, which 
                        is not generally paid, accumulated, or 
                        recognized in the case of employees of the 
                        United States (outside of the Postal Service) 
                        in level I of the Executive Schedule under 
                        section 5312 of title 5, United States Code, 
                        with respect to such year.
                    (C) Bonus authority.--Section 3686 of title 39, 
                United States Code, shall, during the period beginning 
                on the commencement date of the control period and 
                ending on the termination date of the control period--
                            (i) be suspended with respect to all Level-
                        Two Postal Service Executives; but
                            (ii) remain in effect for all other 
                        officers and employees of the Postal Service 
                        otherwise covered by this section.
            (4) Termination of a control period.--Subject to subtitle 
        D, a control period terminates upon certification by the 
        Authority, with the concurrence of the Secretary of the 
        Treasury and the Director of the Office of Personnel 
        Management, that--
                    (A) for 2 consecutive fiscal years (occurring after 
                the date of the enactment of this Act), expenditures of 
                the Postal Service did not exceed revenues of the 
                Postal Service (as determined in accordance with 
                generally accepted accounting principles);
                    (B) the Authority has approved a Postal Service 
                financial plan and budget that shows expenditures of 
                the Postal Service not exceeding revenues of the Postal 
                Service (as so determined) for the fiscal year to which 
                such budget pertains and each of the next 3 fiscal 
                years; and
                    (C) the Postal Service financial plan and budget 
                (as referred to in subparagraph (B)) includes plans to 
                properly fund Postal Service pensions and retiree 
                health benefits in accordance with law.

SEC. 203. MEMBERSHIP AND QUALIFICATION REQUIREMENTS.

    (a) Membership.--
            (1) In general.--The Authority shall consist of 5 members 
        appointed by the President who meet the qualifications 
        described in subsection (b), except that the Authority may take 
        any action under this title at any time after the President has 
        appointed 4 of its members.
            (2) Recommendations.--Of the 5 members so appointed--
                    (A) 1 shall be appointed from among individuals 
                recommended by the Speaker of the House of 
                Representatives;
                    (B) 1 shall be appointed from among individuals 
                recommended by the majority leader of the Senate;
                    (C) 1 shall be appointed from among individuals 
                recommended by the minority leader of the House of 
                Representatives;
                    (D) 1 shall be appointed from among individuals 
                recommended by the minority leader of the Senate; and
                    (E) 1 shall be appointed from among individuals 
                recommended by the Comptroller General.
            (3) Political affiliation.--No more than 3 members of the 
        Authority may be of the same political party.
            (4) Chair.--The President shall designate 1 of the members 
        of the Authority as the Chair of the Authority.
            (5) Sense of congress regarding deadline for appointment.--
        It is the sense of Congress that the President should appoint 
        the members of the Authority as soon as practicable after the 
        date on which a control period commences, but no later than 30 
        days after such date.
            (6) Term of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member of the Authority shall be appointed 
                for a term of 3 years.
                    (B) Appointment for term following initial term.--
                As designated by the President at the time of 
                appointment for the term immediately following the 
                initial term, of the members appointed for the term 
                immediately following the initial term--
                            (i) 1 member shall be appointed for a term 
                        of 1 year;
                            (ii) 2 members shall be appointed for a 
                        term of 2 years; and
                            (iii) 2 members shall be appointed for a 
                        term of 3 years.
                    (C) Removal.--The President may remove any member 
                of the Authority only for cause.
                    (D) No compensation for service.--Members of the 
                Authority shall serve without pay, but may receive 
                reimbursement for any reasonable and necessary expenses 
                incurred by reason of service on the Authority.
    (b) Qualification Requirements.--
            (1) In general.--An individual meets the qualifications for 
        membership on the Authority if the individual--
                    (A) has significant knowledge and expertise in 
                finance, management, and the organization or operation 
                of businesses having more than 500 employees; and
                    (B) represents the public interest generally, is 
                not a representative of specific interests using or 
                belonging to the Postal Service, and does not have any 
                business or financial interest in any enterprise in the 
                private sector of the economy engaged in the delivery 
                of mail matter.
            (2) Specific conditions.--An individual shall not be 
        considered to satisfy paragraph (1)(B) if, at any time during 
        the 5-year period ending on the date of appointment, such 
        individual--
                    (A) has been an officer, employee, or private 
                contractor with the Postal Service or the Postal 
                Regulatory Commission; or
                    (B) has served as an employee or contractor of a 
                labor organization representing employees of the Postal 
                Service or the Postal Regulatory Commission.

SEC. 204. ORGANIZATION.

    (a) Adoption of By-Laws for Conducting Business.--As soon as 
practicable after the appointment of its members, the Authority shall 
adopt by-laws, rules, and procedures governing its activities under 
this title, including procedures for hiring experts and consultants. 
Upon adoption, such by-laws, rules, and procedures shall be submitted 
by the Authority to the Postmaster General, the President, and 
Congress.
    (b) Certain Activities Requiring Approval of Majority of Members.--
Under its by-laws, the Authority may conduct its operations under such 
procedures as it considers appropriate, except that an affirmative vote 
of a majority of the members of the Authority shall be required in 
order for the Authority to--
            (1) approve or disapprove a financial plan and budget as 
        described by subtitle C;
            (2) implement recommendations on financial stability and 
        management responsibility under section 225;
            (3) take any action under authority of section 
        202(b)(3)(B)(i);
            (4) require the immediate renegotiation of an existing 
        collective bargaining agreement in accordance with section 
        211(g)(1); or
            (5) reject, modify, or terminate 1 or more terms of an 
        existing collective bargaining agreement in accordance with 
        section 211(g)(2).

SEC. 205. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--The Authority shall have an Executive 
Director who shall be appointed by the Chair with the consent of the 
Authority. The Executive Director shall be paid at a rate determined by 
the Authority, except that such rate may not exceed the rate of basic 
pay payable for level IV of the Executive Schedule under section 5315 
of title 5, United States Code.
    (b) Staff.--With the approval of the Authority, the Executive 
Director may appoint and fix the pay of such additional personnel as 
the Executive Director considers appropriate, except that no individual 
appointed by the Executive Director may be paid at a rate greater than 
the rate of pay for the Executive Director. Personnel appointed under 
this subsection shall serve at the pleasure of the Executive Director.
    (c) Inapplicability of Certain Civil Service Laws.--The Executive 
Director and staff of the Authority may be appointed without regard to 
the provisions of title 5, United States Code, governing appointments 
in the competitive service, and paid without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of such title relating 
to classification and General Schedule pay rates.
    (d) Staff of Federal Agencies.--Upon request of the Chair, the head 
of any Federal department or agency may detail, on a reimbursable or 
nonreimbursable basis, any of the personnel of such department or 
agency to the Authority to assist it in carrying out its duties under 
this title.

SEC. 206. FUNDING.

    (a) In General.--There are authorized to be appropriated, out of 
the Postal Service Fund, such sums as may be necessary for the 
Authority. In requesting an appropriation under this section for a 
fiscal year, the Authority shall prepare and submit to the Congress 
under section 2009 of title 39, United States Code, a budget of the 
Authority's expenses, including expenses for facilities, supplies, 
compensation, and employee benefits not to exceed $10,000,000. In years 
in which a control period commences, the Authority shall submit a 
budget within 30 days of the appointment of the members of the 
Authority.
    (b) Amendment to Section 2009.--Section 2009 of title 39, United 
States Code, is amended in the next to last sentence--
            (1) by striking ``, and (3)'' and inserting ``, (3)''; and
            (2) by striking the period and inserting ``, and (4) the 
        Postal Service Financial Responsibility and Management 
        Assistance Authority requests to be appropriated, out of the 
        Postal Service Fund, under section 206 of the Postal Reform Act 
        of 2011.''.

                  Subtitle B--Powers of the Authority

SEC. 211. POWERS.

    (a) Powers of Members and Agents.--Any member or agent of the 
Authority may, if authorized by the Authority, take any action which 
the Authority is authorized by this section to take.
    (b) Obtaining Official Data From the Postal Service.--
Notwithstanding any other provision of law, the Authority may secure 
copies of such records, documents, information, or data from any entity 
of the Postal Service necessary to enable the Authority to carry out 
its responsibilities under this title. At the request of the Authority, 
the Authority shall be granted direct access to such information 
systems, records, documents, information, or data as will enable the 
Authority to carry out its responsibilities under this title. The head 
of the relevant entity of the Postal Service shall provide the 
Authority with such information and assistance (including granting the 
Authority direct access to automated or other information systems) as 
the Authority requires under this subsection.
    (c) Gifts, Bequests, and Devises.--The Authority may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Authority. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in such account as the Authority may 
establish and shall be available for disbursement upon order of the 
Chair.
    (d) Administrative Support Services.--Upon the request of the 
Authority, the Administrator of General Services may provide to the 
Authority, on a reimbursable basis, the administrative support services 
necessary for the Authority to carry out its responsibilities under 
this title.
    (e) Authority To Enter Into Contracts.--The Executive Director may 
enter into such contracts as the Executive Director considers 
appropriate (subject to the approval of the Chair) to carry out the 
Authority's responsibilities under this title.
    (f) Civil Actions To Enforce Powers.--The Authority may seek 
judicial enforcement of its authority to carry out its responsibilities 
under this title.
    (g) Collective Bargaining.--Notwithstanding any other provision of 
law--
            (1) the Authority may require the renegotiation of an 
        existing collective bargaining agreement to achieve specific 
        economic savings and workforce flexibility goals; and
            (2) after meeting and conferring with the appropriate 
        bargaining representative, the Authority may reject, modify, or 
        terminate 1 or more terms or conditions of an existing 
        collective bargaining agreement if--
                    (A) a prompt and satisfactory agreement under 
                paragraph (1) is unlikely; and
                    (B) in the judgment of the Authority, the 
                rejection, modification, or termination--
                            (i) is reasonable and necessary for the 
                        Postal Service to be a financially viable 
                        provider of universal postal service to the 
                        Nation; and
                            (ii) is designed to achieve the specific 
                        economic savings or workforce flexibility goals 
                        (as the case may be) referred to in paragraph 
                        (1).
    (h) Penalties.--
            (1) Administrative discipline.--Any officer or employee of 
        the Postal Service who takes or fails to take any action which 
        is noncompliant with any directive or other order of the 
        Authority under section 225(c) shall be subject to appropriate 
        administrative discipline, including suspension from duty 
        without pay or removal from office, by order of either the 
        Postmaster General or the Authority.
            (2) Reporting requirement.--Whenever an officer or employee 
        of the Postal Service takes or fails to take any action which 
        is noncompliant with any directive or other order of the 
        Authority under section 225(c), the Postmaster General shall 
        immediately report to the Authority all pertinent facts, 
        together with a statement of any actions taken by the 
        Postmaster General or proposed by the Postmaster General to be 
        taken under paragraph (1).

SEC. 212. EXEMPTION FROM LIABILITY FOR CLAIMS.

    The Authority and its members may not be liable for any obligation 
of or claim against the Postal Service resulting from actions taken to 
carry out this title.

SEC. 213. TREATMENT OF ACTIONS ARISING UNDER THIS TITLE.

    (a) Jurisdiction Established in United States Court of Appeals for 
the District of Columbia.--A person (including the Postal Service) 
adversely affected or aggrieved by an order or decision of the 
Authority may, within 30 days after such order or decision becomes 
final, institute proceedings for review thereof by filing a petition in 
the United States Court of Appeals for the District of Columbia. The 
court shall review the order or decision in accordance with section 706 
of title 5, United States Code, and chapter 158 and section 2112 of 
title 28, United States Code, on the basis of the record before the 
Authority.
    (b) Prompt Appeal to the Supreme Court.--Notwithstanding any other 
provision of law, review by the Supreme Court of the United States of a 
decision of the Court of Appeals which is issued pursuant to subsection 
(a) may be had only if the petition for such review is filed within 10 
days after the entry of such decision.
    (c) Timing of Relief.--No order of any court granting declaratory 
or injunctive relief against the Authority, including relief permitting 
or requiring the obligation, borrowing, or expenditure of funds, shall 
take effect during the pendency of the action before such court, during 
the time appeal may be taken, or (if appeal is taken) during the period 
before the court has entered its final order disposing of such action.
    (d) Expedited Consideration.--It shall be the duty of the United 
States Court of Appeals for the District of Columbia and the Supreme 
Court of the United States to advance on the docket and to expedite to 
the greatest possible extent the disposition of any matter brought 
under subsection (a).

Subtitle C--Establishment and Enforcement of Financial Plan and Budget 
                         for the Postal Service

SEC. 221. DEVELOPMENT OF FINANCIAL PLAN AND BUDGET FOR THE POSTAL 
              SERVICE.

    (a) Development of Financial Plan and Budget.--For each fiscal year 
for which the Postal Service is in a control period, the Postmaster 
General shall develop and submit to the Authority a financial plan and 
budget for the Postal Service in accordance with this section.
    (b) Contents of Financial Plan and Budget.--A financial plan and 
budget for the Postal Service for a fiscal year shall specify the 
budget for the Postal Service as required by section 2009 of title 39, 
United States Code, for the applicable fiscal year and the next 3 
fiscal years, in accordance with the following requirements:
            (1) The financial plan and budget shall meet the standards 
        described in subsection (c) to promote the financial stability 
        of the Postal Service.
            (2) The financial plan and budget shall--
                    (A) include the Postal Service's annual budget 
                program (under section 2009 of title 39, United States 
                Code) and the Postal Service's plan commonly referred 
                to as its ``Integrated Financial Plan'';
                    (B) describe lump-sum expenditures by all 
                categories traditionally used by the Postal Service;
                    (C) describe capital expenditures (together with a 
                schedule of projected capital commitments and cash 
                outlays of the Postal Service and proposed sources of 
                funding);
                    (D) contain estimates of overall debt (both 
                outstanding and anticipated to be issued); and
                    (E) contain cash flow and liquidity forecasts for 
                the Postal Service at such intervals as the Authority 
                may require.
            (3) The financial plan and budget shall include a statement 
        describing methods of estimations and significant assumptions.
            (4) The financial plan and budget shall include any other 
        provisions and shall meet such other criteria as the Authority 
        considers appropriate to meet the purposes of this title, 
        including provisions for--
                    (A) changes in personnel policies and levels for 
                each component of the Postal Service; and
                    (B) management initiatives to promote productivity, 
                improvement in the delivery of services, or cost 
                savings.
    (c) Standards To Promote Financial Stability.--
            (1) In general.--The standards to promote the financial 
        stability of the Postal Service applicable to the financial 
        plan and budget for a fiscal year are as follows:
                    (A) In each fiscal year (following the first full 
                fiscal year) in a control period, budgeted expenditures 
                of the Postal Service for the fiscal year involved may 
                not exceed budgeted revenues of the Postal Service for 
                the fiscal year involved.
                    (B) In each fiscal year in a control period, the 
                Postal Service shall make continuous, substantial 
                progress towards long-term fiscal solvency and shall 
                have either a lower deficit or greater surplus than in 
                the previous fiscal year.
                    (C) The financial plan and budget shall assure the 
                continuing long-term financial stability of the Postal 
                Service, as indicated by factors such as the efficient 
                management of the Postal Service's workforce and the 
                effective provision of services by the Postal Service.
            (2) Application of sound budgetary practices.--In meeting 
        the standard described in paragraph (1) with respect to a 
        financial plan and budget for a fiscal year, the Postal Service 
        shall apply sound budgetary practices, including reducing costs 
        and other expenditures, improving productivity, increasing 
        revenues, or a combination of such practices.
            (3) Assumptions based on current law.--In meeting the 
        standards described in paragraph (1) with respect to a 
        financial plan and budget for a fiscal year, the Postal Service 
        shall base estimates of revenues and expenditures on Federal 
        law as in effect at the time of the preparation of such 
        financial plan and budget.

SEC. 222. PROCESS FOR SUBMISSION AND APPROVAL OF FINANCIAL PLAN AND 
              BUDGET.

    (a) In General.--For each fiscal year for which the Postal Service 
is in a control period, the Postmaster General shall submit to the 
Authority--
            (1) by February 1 before the start of such fiscal year, a 
        preliminary financial plan and budget under section 221 for 
        such fiscal year; and
            (2) by August 31 before the start of such fiscal year, a 
        final financial plan and budget under section 221 for such 
        fiscal year.
    (b) Review by Authority.--Upon receipt of a financial plan and 
budget under subsection (a) (whether preliminary or final), the 
Authority shall promptly review such financial plan and budget. In 
conducting the review, the Authority may request any additional 
information it considers necessary and appropriate to carry out its 
duties under this subtitle.
    (c) Approval of Postmaster General's Financial Plan and Budget.--
            (1) Certification to postmaster general.--
                    (A) In general.--If the Authority determines that 
                the final financial plan and budget for the fiscal year 
                submitted by the Postmaster General under subsection 
                (a) meets the requirements of section 221--
                            (i) the Authority shall approve the 
                        financial plan and budget and shall provide the 
                        Postmaster General, the President, and Congress 
                        with a notice certifying its approval; and
                            (ii) the Postmaster General shall promptly 
                        submit the annual budget program to the Office 
                        of Management and Budget pursuant to section 
                        2009 of title 39, United States Code.
                    (B) Deemed approval after 30 days.--
                            (i) In general.--If the Authority has not 
                        provided the Postmaster General, the President, 
                        and Congress with a notice certifying approval 
                        under subparagraph (A)(i) or a statement of 
                        disapproval under subsection (d) before the 
                        expiration of the 30-day period which begins on 
                        the date the Authority receives the financial 
                        plan and budget from the Postmaster General 
                        under subsection (a), the Authority shall be 
                        deemed to have approved the financial plan and 
                        budget and to have provided the Postmaster 
                        General, the President, and Congress with the 
                        notice certifying approval under subparagraph 
                        (A)(i).
                            (ii) Explanation of failure to respond.--If 
                        clause (i) applies with respect to a financial 
                        plan and budget, the Authority shall provide 
                        the Postmaster General, the President and 
                        Congress with an explanation for its failure to 
                        provide the notice certifying approval or the 
                        statement of disapproval during the 30-day 
                        period described in such clause.
    (d) Disapproval of Postmaster General's Budget.--If the Authority 
determines that the final financial plan and budget for the fiscal year 
submitted by the Postmaster General under subsection (a) does not meet 
the requirements applicable under section 221, the Authority shall 
disapprove the financial plan and budget, and shall provide the 
Postmaster General, the President, and Congress with a statement 
containing--
            (1) the reasons for such disapproval;
            (2) the amount of any shortfall in the budget or financial 
        plan; and
            (3) any recommendations for revisions to the budget the 
        Authority considers appropriate to ensure that the budget is 
        consistent with the financial plan and budget.
    (e) Authority Review of Postmaster General's Revised Final 
Financial Plan and Budget.--
            (1) Submission of postmaster general's revised final 
        financial plan and budget.--Not later than 15 days after 
        receiving the statement from the Authority under subsection 
        (d), the Postmaster General shall promptly adopt a revised 
        final financial plan and budget for the fiscal year which 
        addresses the reasons for the Authority's disapproval cited in 
        the statement, and shall submit such financial plan and budget 
        to the Authority.
            (2) Approval of postmaster general's revised final 
        financial plan and budget.--If, after reviewing the revised 
        final financial plan and budget for a fiscal year submitted by 
        the Postmaster General under paragraph (1) in accordance with 
        the procedures described in this section, the Authority 
        determines that the revised final financial plan and budget 
        meets the requirements applicable under section 221--
                    (A) the Authority shall approve the financial plan 
                and budget and shall provide the Postmaster General, 
                the President, and Congress with a notice certifying 
                its approval; and
                    (B) the Postmaster General shall promptly submit 
                the annual budget program to the Office of Management 
                and Budget pursuant to section 2009 of title 39, United 
                States Code.
            (3) Disapproval of postmaster general's revised final 
        financial plan and budget.--
                    (A) In general.--If, after reviewing the revised 
                final financial plan and budget for a fiscal year 
                submitted by the Postmaster General under paragraph (1) 
                in accordance with the procedures described in this 
                subsection, the Authority determines that the revised 
                final financial plan and budget does not meet the 
                applicable requirements under section 221, the 
                Authority shall--
                            (i) disapprove the financial plan and 
                        budget;
                            (ii) provide the Postmaster General, the 
                        President, and Congress with a statement 
                        containing the reasons for such disapproval and 
                        describing the amount of any shortfall in the 
                        financial plan and budget; and
                            (iii) approve and recommend a financial 
                        plan and budget for the Postal Service which 
                        meets the applicable requirements under section 
                        221, and submit such financial plan and budget 
                        to the Postmaster General, the President, and 
                        Congress.
                    (B) Submission to omb.--Upon receipt of the 
                recommended financial plan and budget subparagraph 
                (A)(iii), the Postmaster General shall promptly submit 
                the recommended annual budget program to the Office of 
                Management and Budget pursuant to section 2009 of title 
                39, United States Code.
            (4) Deemed approval after 15 days.--
                    (A) In general.--If the Authority has not provided 
                the Postmaster General, the President, and Congress 
                with a notice certifying approval under paragraph 
                (2)(A) or a statement of disapproval under paragraph 
                (3) before the expiration of the 15-day period which 
                begins on the date the Authority receives the revised 
                final financial plan and budget submitted by the 
                Postmaster General under paragraph (1), the Authority 
                shall be deemed to have approved the revised final 
                financial plan and budget and to have provided the 
                Postmaster General, the President, and Congress with 
                the notice certifying approval described in paragraph 
                (2)(A).
                    (B) Explanation of failure to respond.--If 
                subparagraph (A) applies with respect to a financial 
                plan and budget, the Authority shall provide the 
                Postmaster General, the President and Congress with an 
                explanation for its failure to provide the notice 
                certifying approval or the statement of disapproval 
                during the 15-day period described in such 
                subparagraph.
    (f) Deadline for Transmission of Financial Plan and Budget by 
Authority.--Notwithstanding any other provision of this section, not 
later than June 15 before each fiscal year which is a control period, 
the Authority shall--
            (1) provide Congress with a notice certifying its approval 
        of the Postmaster General's initial financial plan and budget 
        for the fiscal year under subsection (c)(1);
            (2) provide Congress with a notice certifying its approval 
        of the Postmaster General's revised final financial plan and 
        budget for the fiscal year under subsection (e)(2); or
            (3) submit to Congress an approved and recommended 
        financial plan and budget of the Authority for the Postal 
        Service for the fiscal year under subsection (e)(3)(A)(iii).
    (g) Revisions to Financial Plan and Budget.--
            (1) Permitting postmaster general to submit revisions.--The 
        Postmaster General may submit proposed revisions to the 
        financial plan and budget for a control period to the Authority 
        at any time during the year.
            (2) Process for review, approval, disapproval, and 
        postmaster general action.--Except as provided in paragraph 
        (3), the procedures described in subsections (b), (c), (d), and 
        (e) shall apply with respect to a proposed revision to a 
        financial plan and budget in the same manner as such procedures 
        apply with respect to the original financial plan and budget.
            (3) Exception for revisions not affecting spending.--To the 
        extent that a proposed revision to a financial plan and budget 
        adopted by the Postmaster General pursuant to this subsection 
        does not increase the amount of spending with respect to any 
        account of the Postal Service, the revision shall become 
        effective upon the Authority's approval of such revision.

SEC. 223. RESPONSIBILITIES OF THE AUTHORITY.

    (a) In General.--The Authority shall direct the exercise of the 
powers of the Postal Service, including--
            (1) determining its vision and overall strategies;
            (2) determining its organizational structure, particularly 
        for senior management at the level of vice president and 
        higher;
            (3) hiring, monitoring, compensating, and, when necessary, 
        replacing senior management at the level of vice president and 
        higher, as well as ensuring adequate succession planning for 
        these positions;
            (4) approving major policies, particularly those that have 
        an important effect on the Postal Service's financial position 
        and the provision of universal postal service;
            (5) approving corporate budgets, financial and capital 
        plans, operational and service performance standards and 
        targets, human resources strategies, collective bargaining 
        strategies, negotiation parameters, and collective bargaining 
        agreements, and the compensation structure for nonbargaining 
        employees;
            (6) approving substantial capital projects and any 
        substantial disposition of capital assets, such as surplus 
        property;
            (7) approving changes in rates and classifications, new 
        products and services, policy regarding other substantial 
        matters before the Postal Regulatory Commission, and any 
        appeals of its decisions or orders to the Federal courts;
            (8) approving the Postal Service Annual Report, Annual 
        Comprehensive Statement, and strategic plans, performance 
        plans, and performance program reports under chapter 28 of 
        title 39, United States Code;
            (9) formulating and communicating organizational policy and 
        positions on legislative and other public policy matters to 
        Congress and the public;
            (10) ensuring organizational responsiveness to oversight by 
        Congress, the Postal Regulatory Commission, the Treasury of the 
        United States, and other audit entities;
            (11) ensuring adequate internal controls and selecting, 
        monitoring, and compensating an independent public accounting 
        firm to conduct an annual audit of the Postal Service; and
            (12) carrying out any responsibility, not otherwise listed 
        in this subsection, that was the responsibility of the Board of 
        Governors at any time during the 5-year period ending on the 
        date of the enactment of this Act.
    (b) Review of Postal Service Proposals.--
            (1) Submission of postal service proposals to the 
        authority.--During a control period, the Postmaster General 
        shall submit to the Authority any proposal that has a 
        substantial effect on any item listed in subsection (a).
            (2) Prompt review by authority.--Upon receipt of a proposal 
        from the Postmaster General under paragraph (1), the Authority 
        shall promptly review the proposal to determine whether it is 
        consistent with the applicable financial plan and budget 
        approved under this title.
            (3) Actions by authority.--
                    (A) Approval.--If the Authority determines that a 
                proposal is consistent with the applicable financial 
                plan and budget, the Authority shall notify the 
                Postmaster General that it approves the proposal.
                    (B) Finding of inconsistency.--If the Authority 
                determines that a proposal is significantly 
                inconsistent with the applicable financial plan and 
                budget, the Authority shall--
                            (i) notify the Postmaster General of its 
                        finding;
                            (ii) provide the Postmaster General with an 
                        explanation of the reasons for its finding; and
                            (iii) to the extent the Authority considers 
                        appropriate, provide the Postmaster General 
                        with recommendations for modifications to the 
                        proposal.
            (4) Deemed approval.--If the Authority does not notify the 
        Postmaster General that it approves or disapproves a proposal 
        submitted under this subsection during the 7-day period which 
        begins on the date the Postmaster General submits the proposal 
        to the Authority, the Authority shall be deemed to have 
        approved the proposal in accordance with paragraph (3)(A). At 
        the option of the Authority, the previous sentence shall be 
        applied as if the reference in such sentence to ``7-day 
        period'' were a reference to ``14-day period'' if, during the 
        7-day period referred to in the preceding sentence, the 
        Authority so notifies the Postmaster General.
    (c) Effect of Approved Financial Plan and Budget on Contracts and 
Leases.--
            (1) Mandatory prior approval for certain contracts and 
        leases.--
                    (A) In general.--In the case of a contract or lease 
                described in subparagraph (B) which is proposed to be 
                entered into, renewed, modified, or extended by the 
                Postal Service during a control period, the Postmaster 
                General (or the appropriate officer or agent of the 
                Postal Service) shall submit the proposed contract or 
                lease to the Authority. The Authority shall review each 
                contract or lease submitted under this subparagraph, 
                and the Postmaster General (or the appropriate officer 
                or agent of the Postal Service) may not enter into the 
                contract or lease unless the Authority determines that 
                the proposed contract or lease is consistent with the 
                financial plan and budget for the fiscal year.
                    (B) Contracts and leases described.--A contract or 
                lease described in this subparagraph is--
                            (i) a labor contract entered into through 
                        collective bargaining; or
                            (ii) such other type of contract or lease 
                        as the Authority may specify for purposes of 
                        this subparagraph.
            (2) Authority to review other contracts after execution.--
                    (A) In general.--In addition to the prior approval 
                of certain contracts and leases, the Postal Service 
                shall submit to the Authority--
                            (i) any Level-Two Post Career Executive 
                        Service employee contract that is in effect 
                        during a control period; and
                            (ii) any collective bargaining agreement 
                        entered into by the Postal Service that is in 
                        effect during a control period.
                Any such contract or agreement shall be submitted to 
                the Authority upon the commencement of a control period 
                and at such other times as the Authority may require.
                    (B) Review by authority.--The Authority shall 
                review each contract submitted under subparagraph (A) 
                to determine if the contract is consistent with the 
                financial plan and budget for the fiscal year. If the 
                Authority determines that the contract is not 
                consistent with the financial plan and budget, the 
                Authority shall take such actions as are within the 
                Authority's powers to revise the contract.

SEC. 224. EFFECT OF FINDING NONCOMPLIANCE WITH FINANCIAL PLAN AND 
              BUDGET.

    (a) Submission of Reports.--Not later than 30 days after the 
expiration of each quarter of each fiscal year beginning in a control 
period, the Postmaster General shall submit reports to the Authority 
describing the actual revenues obtained and expenditures made by the 
Postal Service during the quarter with its cash flows during the 
quarter, and comparing such actual revenues, expenditures, and cash 
flows with the most recent projections for these items.
    (b) Additional Information.--If the Authority determines, based on 
reports submitted by the Postmaster General under subsection (a), 
independent audits, or such other information as the Authority may 
obtain, that the revenues or expenditures of the Postal Service during 
a control period are not consistent with the financial plan and budget 
for the year, the Authority shall require the Postmaster General to 
provide such additional information as the Authority determines to be 
necessary to explain the inconsistency.
    (c) Certification of Variance.--
            (1) In general.--After requiring the Postmaster General to 
        provide additional information under subsection (b), the 
        Authority shall certify to the Postmaster General, the 
        President, the Secretary of the Treasury, and Congress that the 
        Postal Service is at variance with the financial plan and 
        budget unless--
                    (A) the additional information provides an 
                explanation for the inconsistency which the Authority 
                finds reasonable and appropriate; or
                    (B)(i) the Postal Service adopts or implements 
                remedial action (including revising the financial plan 
                and budget pursuant to section 222(g)) to correct the 
                inconsistency which the Authority finds reasonable and 
                appropriate, taking into account the terms of the 
                financial plan and budget; and
                    (ii) the Postmaster General agrees to submit the 
                reports described in subsection (a) on a monthly basis 
                for such period as the Authority may require.
            (2) Special rule for inconsistencies attributable to acts 
        of congress.--
                    (A) Determination by authority.--If the Authority 
                determines that the revenues or expenditures of the 
                Postal Service during a control period are not 
                consistent with the financial plan and budget for the 
                year as approved by the Authority under section 222 as 
                a result of the terms and conditions of any law enacted 
                by Congress which affects the Postal Service, the 
                Authority shall so notify the Postmaster General.
                    (B) Certification.--In the case of an inconsistency 
                described in subparagraph (A), the Authority shall 
                certify to the Postmaster General, the President, the 
                Secretary of the Treasury, and Congress that the Postal 
                Service is at variance with the financial plan and 
                budget unless the Postal Service adopts or implements 
                remedial action (including revising the financial plan 
                and budget pursuant to section 202(e)) to correct the 
                inconsistency which the Authority finds reasonable and 
                appropriate, taking into account the terms of the 
                financial plan and budget.
    (d) Effect of Certification.--If the Authority certifies to the 
Secretary of the Treasury that a variance exists the Authority or the 
Secretary may withhold access by the Postal Service to additional 
supplementary debt authorized by this title.

SEC. 225. RECOMMENDATIONS REGARDING FINANCIAL STABILITY, ETC.

    (a) In General.--The Authority may at any time submit 
recommendations to the Postmaster General, the President, and Congress 
on actions the Postal Service or any other entity of the Federal 
Government should take to ensure compliance by the Postal Service with 
a financial plan and budget or to otherwise promote the financial 
stability, management responsibility, and service delivery efficiency 
of the Postal Service, including recommendations relating to--
            (1) the management of the Postal Service's financial 
        affairs, including cash forecasting, information technology, 
        placing controls on expenditures for personnel, reducing 
        benefit costs, reforming procurement practices, and placing 
        other controls on expenditures;
            (2) the relationship between the Postal Service and other 
        entities of the Federal Government;
            (3) the structural relationship of subdivisions within the 
        Postal Service;
            (4) the modification of existing revenue structures, or the 
        establishment of additional revenue structures;
            (5) the establishment of alternatives for meeting 
        obligations to pay for the pensions and retirement benefits of 
        current and future Postal Service retirees;
            (6) modifications of services which are the responsibility 
        of and are delivered by the Postal Service;
            (7) modifications of the types of services which are 
        delivered by entities other than the Postal Service under 
        alternative service delivery mechanisms;
            (8) the effects of Federal Government laws and court orders 
        on the operations of the Postal Service;
            (9) the increased use of a personnel system for employees 
        of the Postal Service which is based upon employee performance 
        standards; and
            (10) the improvement of personnel training and proficiency, 
        the adjustment of staffing levels, and the improvement of 
        training and performance of management and supervisory 
        personnel.
    (b) Response to Recommendations for Actions Within Authority of 
Postal Service.--
            (1) In general.--In the case of any recommendations 
        submitted under subsection (a) during a control year which are 
        within the authority of the Postal Service to adopt, not later 
        than 90 days after receiving the recommendations, the 
        Postmaster General shall submit a statement to the Authority, 
        the President, and Congress which provides notice as to whether 
        the Postal Service will adopt the recommendations.
            (2) Implementation plan required for adopted 
        recommendations.--If the Postmaster General notifies the 
        Authority and Congress under paragraph (1) that the Postal 
        Service will adopt any of the recommendations submitted under 
        subsection (a), the Postmaster General shall include in the 
        statement a written plan to implement the recommendation which 
        includes--
                    (A) specific performance measures to determine the 
                extent to which the Postal Service has adopted the 
                recommendation; and
                    (B) a schedule for auditing the Postal Service's 
                compliance with the plan.
            (3) Explanations required for recommendations not 
        adopted.--If the Postmaster General notifies the Authority, the 
        President, and Congress under paragraph (1) that the Postal 
        Service will not adopt any recommendation submitted under 
        subsection (a) which the Postal Service has authority to adopt, 
        the Postmaster General shall include in the statement 
        explanations for the rejection of the recommendations.
    (c) Implementation of Rejected Recommendations by Authority.--
            (1) In general.--If the Postmaster General notifies the 
        Authority, the President, and Congress under subsection (b)(1) 
        that the Postal Service will not adopt any recommendation 
        submitted under subsection (a) which the Postal Service has 
        authority to adopt, the Authority may by a majority vote of its 
        members take such action concerning the recommendation as it 
        deems appropriate, after consulting with the Committee on 
        Oversight and Government Reform of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate.
            (2) Effective date.--This subsection shall apply with 
        respect to recommendations of the Authority made after the 
        expiration of the 6-month period which begins on the date of 
        the commencement of a control period.

SEC. 226. SPECIAL RULES FOR FISCAL YEAR IN WHICH CONTROL PERIOD 
              COMMENCES.

    (a) Adoption of Transition Budget.--Notwithstanding any provision 
of section 222 to the contrary, in the case of a fiscal year in which a 
control period commences, the following rules shall apply:
            (1) Not later than 45 days after the appointment of its 
        members, the Authority shall review the proposed Integrated 
        Financial Plan for the Postal Service for such fiscal year and 
        shall submit any recommendations for modifications to such plan 
        to promote the financial stability of the Postal Service to the 
        Postmaster General, the President, and Congress.
            (2) Not later than 15 days after receiving the 
        recommendations of the Authority submitted under paragraph (1), 
        the Postmaster General shall promptly adopt a revised budget 
        for the fiscal year (in this section referred to as the 
        ``transition budget''), and shall submit the transition budget 
        to the Authority, the President, and Congress.
            (3) Not later than 15 days after receiving the transition 
        budget from the Postmaster General under paragraph (2), the 
        Authority shall submit a report to the Postmaster General, the 
        President, and Congress analyzing the budget (taking into 
        account any items or provisions disapproved by the Postmaster 
        General) and shall include in the report such recommendations 
        for revisions to the transition budget as the Authority 
        considers appropriate to promote the financial stability of the 
        Postal Service during the fiscal year.
    (b) Financial Plan and Budget.--
            (1) Deadline for submission.--For purposes of section 222, 
        the Postmaster General shall submit the financial plan and 
        budget for the applicable fiscal year as soon as practicable 
        after the initiation of a control period (in accordance with 
        guidelines established by the Authority).
            (2) Adoption by postmaster general.--In accordance with the 
        procedures applicable under section 222 (including procedures 
        providing for review by the Authority) the Postmaster General 
        shall adopt the financial plan and budget for the applicable 
        fiscal year (including the transition budget incorporated in 
        the financial plan and budget) prior to the submission by the 
        Postmaster General.
            (3) Transition budget as temporary financial plan and 
        budget.--Until the approval of the financial plan and budget 
        for the applicable fiscal year by the Authority under this 
        subsection, the transition budget established under subsection 
        (a) shall serve as the financial plan and budget adopted under 
        this subtitle for purposes of this Act (and any provision of 
        law amended by this Act) for the applicable fiscal year.

SEC. 227. ASSISTANCE IN ACHIEVING FINANCIAL STABILITY, ETC.

    In addition to any other actions described in this title, the 
Authority may undertake cooperative efforts to assist the Postal 
Service in achieving financial stability and management efficiency, 
including--
            (1) assisting the Postal Service in avoiding defaults, 
        eliminating and liquidating deficits, maintaining sound 
        budgetary practices, and avoiding interruptions in the delivery 
        of services;
            (2) assisting the Postal Service in improving the delivery 
        of services, the training and effectiveness of personnel of the 
        Postal Service, and the efficiency of management and 
        supervision; and
            (3) making recommendations to the President for 
        transmission to Congress on changes to this Act or other 
        Federal laws, or other actions of the Federal Government, which 
        would assist the Postal Service in complying with an approved 
        financial plan and budget under subtitle B.

SEC. 228. OBTAINING REPORTS.

    The Authority may require the Postmaster General, the Chief 
Financial Officer of the Postal Service, and the Inspector General of 
the Postal Service, to prepare and submit such reports as the Authority 
considers appropriate to assist it in carrying out its responsibilities 
under this title, including submitting copies of any reports regarding 
revenues, expenditures, budgets, costs, plans, operations, estimates, 
and other financial or budgetary matters of the Postal Service.

SEC. 229. REPORTS AND COMMENTS.

    (a) Annual Reports to Congress.--Not later than 30 days after the 
last day of each fiscal year which is a control year, the Authority 
shall submit a report to Congress describing--
            (1) the progress made by the Postal Service in meeting the 
        objectives of this title during the fiscal year;
            (2) the assistance provided by the Authority to the Postal 
        Service in meeting the purposes of this title for the fiscal 
        year; and
            (3) any other activities of the Authority during the fiscal 
        year.
    (b) Review and Analysis of Performance and Financial Accountability 
Reports.--The Authority shall review each yearly report prepared and 
submitted by the Postmaster General to the Postal Regulatory Commission 
and Congress and shall submit a report to Congress analyzing the 
completeness and accuracy of such reports.
    (c) Comments Regarding Activities of Postal Service.--At any time 
during a control period, the Authority may submit a report to Congress 
describing any action taken by the Postal Service (or any failure to 
act by the Postal Service) which the Authority determines will 
adversely affect the Postal Service's ability to comply with an 
approved financial plan and budget under subtitle B or will otherwise 
have a significant adverse impact on the best interests of the Postal 
Service.
    (d) Reports on Effect of Federal Laws on the Postal Service.--At 
any time during any year, the Authority may submit a report to the 
Postmaster General, the President, and Congress on the effect of laws 
enacted by Congress on the financial plan and budget for the year and 
on the financial stability and management efficiency of the Postal 
Service in general.
    (e) Making Reports Publicly Available.--The Authority shall make 
any report submitted under this section available to the public, except 
to the extent that the Authority determines that the report contains 
confidential material.

              Subtitle D--Termination of a Control Period

SEC. 231. TERMINATION OF CONTROL PERIOD, ETC.

    (a) In General.--After the completion of the requirements for the 
termination of a control period described in section 202(b)(4), the 
Authority shall submit a recommendation to Congress requesting the 
termination of such control period, the dissolution of the Authority, 
and the reinstatement to the Board of Governors (and the individual 
Governors) of the Postal Service of the authorities and 
responsibilities referred to in section 202(b)(2)(A).
    (b) Congressional Approval.--
            (1) In general.--A control period shall not be terminated 
        unless a joint resolution approving of the recommendation in 
        subsection (a) is enacted, in accordance with section 232, 
        before the earlier of--
                    (A) the end of the 30-day period beginning on the 
                date on which the Authority transmits the 
                recommendation to Congress under subsection (a); or
                    (B) the adjournment of the Congress sine die for 
                the session during which such recommendation is 
                transmitted.
            (2) Days of session.--For purposes of paragraph (1) and 
        subsections (a) and (c) of section 232, the days on which 
        either House of Congress is not in session because of an 
        adjournment of more than 3 days to a day certain shall be 
        excluded in the computation of a period.

SEC. 232. CONGRESSIONAL CONSIDERATION OF RECOMMENDATION.

    (a) Terms of the Resolution.--For purposes of this subtitle, the 
term ``joint resolution'' means only a joint resolution which is 
introduced within the 10-day period beginning on the date on which the 
recommendation referred to in section 231(a) is received by Congress--
            (1) the matter after the resolving clause of which is as 
        follows: ``That Congress approves the recommendation of the 
        Postal Service Financial Responsibility and Management 
        Assistance Authority, submitted by such Authority on __.'', the 
        blank space being filled in with the appropriate date;
            (2) the title of which is as follows: ``Joint resolution 
        approving the recommendation of Postal Service Financial 
        Responsibility and Management Assistance Authority.''; and
            (3) which does not have a preamble.
    (b) Referral.--A resolution described in subsection (a) that is 
introduced in the House of Representatives or the Senate shall be 
referred to the appropriate committees of the House of Representatives 
or the Senate, respectively.
    (c) Discharge.--If the committee to which a resolution described in 
subsection (a) is referred has not reported such resolution (or an 
identical resolution) by the end of the 20-day period beginning on the 
date on which the Authority transmits its recommendation to Congress 
under section 231(a) such committee shall, at the end of such period, 
be discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (d) Consideration.--
            (1) In general.--On or after the third day after the date 
        on which the committee to which such a resolution is referred 
        has reported, or has been discharged (under subsection (c)) 
        from further consideration of, such a resolution, it is in 
        order (even though a previous motion to the same effect has 
        been disagreed to) for any Member of the respective House to 
        move to proceed to the consideration of the resolution. A 
        Member may make the motion only on the day after the calendar 
        day on which the Member announces to the House concerned the 
        Member's intention to make the motion, except that, in the case 
        of the House of Representatives, the motion may be made without 
        such prior announcement if the motion is made by direction of 
        the committee to which the resolution was referred. All points 
        of order against the resolution (and against consideration of 
        the resolution) are waived. The motion is highly privileged in 
        the House of Representatives and is privileged in the Senate 
        and is not debatable. The motion is not subject to amendment, 
        or to a motion to postpone, or to a motion to proceed to the 
        consideration of other business. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order. If a motion to proceed to the consideration of the 
        resolution is agreed to, the respective House shall immediately 
        proceed to consideration of the joint resolution without 
        intervening motion, order, or other business, and the 
        resolution shall remain the unfinished business of the 
        respective House until disposed of.
            (2) Debate.--Debate on the resolution, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the resolution. An 
        amendment to the resolution is not in order. A motion further 
        to limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution is not in 
        order. A motion to reconsider the vote by which the resolution 
        is agreed to or disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on a resolution described in 
        subsection (a) and a single quorum call at the conclusion of 
        the debate if requested in accordance with the rules of the 
        appropriate House, the vote on final passage of the resolution 
        shall occur.
            (4) Appeals.--Appeals from the decisions of the Chair 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to a resolution described in subsection (a) shall be 
        decided without debate.
    (e) Consideration by Other House.--
            (1) In general.--If, before the passage by one House of a 
        resolution of that House described in subsection (a), that 
        House receives from the other House a resolution described in 
        subsection (a), then the following procedures shall apply:
                    (A) The resolution of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii).
                    (B) With respect to a resolution described in 
                subsection (a) of the House receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no resolution had been received 
                        from the other House; but
                            (ii) the vote on final passage shall be on 
                        the resolution of the other House.
            (2) Disposition of a resolution.--Upon disposition of the 
        resolution received from the other House, it shall no longer be 
        in order to consider the resolution that originated in the 
        receiving House.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in subsection 
        (a), and it supersedes other rules only to the extent that it 
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

                  TITLE III--POSTAL SERVICE WORKFORCE

                     Subtitle A--General Provisions

SEC. 301. MODIFICATIONS RELATING TO DETERMINATION OF PAY COMPARABILITY.

    (a) Postal Policy.--Section 101(c) of title 39, United States Code, 
is amended--
            (1) in the first sentence, by inserting ``total'' before 
        ``rates and types of compensation''; and
            (2) in the second sentence, by inserting ``entire'' before 
        ``private sector''.
    (b) Employment Policy.--The second sentence of section 1003(a) of 
title 39, United States Code, is amended--
            (1) by inserting ``total'' before ``compensation and 
        benefits''; and
            (2) by inserting ``entire'' before ``private sector''.
    (c) Considerations.--For purposes of the amendments made by this 
section, any determination of ``total rates and types of compensation'' 
or ``total compensation and benefits'' shall, at a minimum, take into 
account pay, health benefits, retirement benefits, life insurance 
benefits, leave, holidays, and continuity and stability of employment.

SEC. 302. LIMITATION ON POSTAL CONTRIBUTIONS UNDER FEGLI AND FEHBP.

    Section 1003 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(e)(1) At least 1 month before the start of each fiscal year as 
described in paragraph (2), the Postmaster General shall transmit to 
the Postal Regulatory Commission certification (together with such 
supporting documentation as the Postal Regulatory Commission may 
require) that contributions of the Postal Service for such fiscal year 
will not exceed--
            ``(A) in the case of life insurance under chapter 87 of 
        title 5, the Government contributions determined under section 
        8708 of such title; and
            ``(B) in the case of health insurance under chapter 89 of 
        title 5, the Government contributions determined under 8906 of 
        such title.
    ``(2) This subsection applies with respect to--
            ``(A) except as provided in subparagraph (B), each fiscal 
        year beginning after September 30, 2013; and
            ``(B) in the case of officers and employees of the Postal 
        Service covered by a collective bargaining agreement which is 
        in effect on the date of the enactment of this subsection--
                    ``(i) each fiscal year beginning after the 
                expiration date of such agreement, including
                    ``(ii) for the fiscal year in which such expiration 
                date occurs, any portion of such fiscal year remaining 
                after such expiration date.
    ``(3)(A) If, after reasonable notice and opportunity for hearing is 
afforded to the Postal Service, the Postal Regulatory Commission finds 
that the contributions of the Postal Service for a fiscal year will 
exceed or are exceeding the limitation specified in subparagraph (A) or 
(B) of paragraph (1), the Commission shall order that the Postal 
Service take such action as the Commission considers necessary to 
achieve full and immediate compliance with the applicable limitation or 
limitations.
    ``(B) Sections 3663 and 3664 shall apply with respect to any order 
issued by the Postal Regulatory Commission under subparagraph (A).
    ``(C) Nothing in this paragraph shall be considered to permit the 
issuance of an order requiring reduction of contributions below the 
level specified by the provision of law cited in subparagraph (A) or 
(B) of paragraph (1), as applicable.''.

SEC. 303. REPEAL OF PROVISION RELATING TO OVERALL VALUE OF FRINGE 
              BENEFITS.

    The last sentence of section 1005(f) of title 39, United States 
Code, is repealed.

SEC. 304. MODIFICATIONS RELATING TO COLLECTIVE BARGAINING.

    Section 1207 of title 39, United States Code, is amended by 
striking subsections (c) and (d) and inserting the following:
    ``(c)(1) If no agreement is reached within 30 days after the 
appointment of a mediator under subsection (b), or if the parties 
decide upon arbitration before the expiration of the 30-day period, an 
arbitration board shall be established consisting of 1 member selected 
by the Postal Service (from the list under paragraph (2)), 1 member 
selected by the bargaining representative of the employees (from the 
list under paragraph (2)), and the mediator appointed under subsection 
(b).
    ``(2) Upon receiving a request from either of the parties referred 
to in paragraph (1), the Director of the Federal Mediation and 
Conciliation Service shall provide a list of not less than 9 
individuals who are well qualified to serve as neutral arbitrators. 
Each person listed shall be an arbitrator of nationwide reputation and 
professional nature, a member of the National Academy of Arbitrators, 
and an individual whom the Director has determined to be willing and 
available to serve. If, within 7 days after the list is provided, 
either of the parties has not selected an individual from the list, the 
Director shall make the selection within 3 days.
    ``(3) The arbitration board shall give the parties a full and fair 
hearing, including an opportunity to present evidence in support of 
their claims, and an opportunity to present their case in person, by 
counsel, or by other representative as they may elect. The hearing 
shall be concluded no more than 40 days after the arbitration board is 
established.
    ``(4) No more than 7 days after the hearing is concluded, each 
party shall submit to the arbitration board 2 offer packages, each of 
which packages shall specify the terms of a proposed final agreement.
    ``(5) If no agreement is reached within 7 days after the last day 
date for the submission of an offer package under paragraph (4), each 
party shall submit to the arbitration board a single final offer 
package specifying the terms of a proposed final agreement.
    ``(6) No later than 3 days after the submission of the final offer 
packages under paragraph (5), the arbitration board shall select 1 of 
those packages as its tentative award, subject to paragraph (7).
    ``(7)(A) The arbitration board may not select a final offer package 
under paragraph (6) unless it satisfies each of the following:
            ``(i) The offer complies with the requirements of sections 
        101(c) and 1003(a).
            ``(ii) The offer takes into account the current financial 
        condition of the Postal Service.
            ``(iii) The offer takes into account the long-term 
        financial condition of the Postal Service.
    ``(B)(i) If the board unanimously determines, based on clear and 
convincing evidence presented during the hearing under paragraph (3), 
that neither final offer package satisfies the conditions set forth in 
subparagraph (A), the board shall by majority vote--
            ``(I) select the package that best meets such conditions; 
        and
            ``(II) modify the package so selected to the minimum extent 
        necessary to satisfy such conditions.
    ``(ii) If modification (as described in subparagraph (B)(i)(II)) is 
necessary, the board shall have an additional 7 days to render its 
tentative award under this subparagraph.
    ``(8) The parties may negotiate a substitute award to replace the 
tentative award selected under paragraph (6) or rendered under 
paragraph (7) (as the case may be). If no agreement on a substitute 
award is reached within 10 days after the date on which the tentative 
award is so selected or rendered, the tentative award shall become 
final.
    ``(9) The arbitration board shall review any substitute award 
negotiated under paragraph (8) to determine if it satisfies the 
conditions set forth in paragraph (7)(A). If the arbitration board, by 
a unanimous vote taken within 3 days after the date on which the 
agreement on the substitute award is reached under paragraph (8), 
determines that the substitute award does not satisfy such conditions, 
the tentative award shall become final. In the absence of a vote, as 
described in the preceding sentence, the substitute agreement shall 
become final.
    ``(10) If, under paragraph (5), neither party submits a final offer 
package by the last day allowable under such paragraph, the arbitration 
board shall develop and issue a final award no later than 20 days after 
such last day.
    ``(11) A final award or agreement under this subsection shall be 
conclusive and binding upon the parties.
    ``(12) Costs of the arbitration board and mediation shall be shared 
equally by the Postal Service and the bargaining representative.
    ``(d) In the case of a bargaining unit whose recognized collective-
bargaining representative does not have an agreement with the Postal 
Service, if the parties fail to reach agreement within 90 days after 
the commencement of collective bargaining, a mediator shall be 
appointed in accordance with the provisions of subsection (b), unless 
the parties have previously agreed to another procedure for a binding 
resolution of their differences. If the parties fail to reach agreement 
within 180 days after the commencement of collective bargaining, an 
arbitration board shall be established to provide conclusive and 
binding arbitration in accordance with the provisions of subsection 
(c).''.

        Subtitle B--Postal Service Workers' Compensation Reform

SEC. 311. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Postal Service should develop and manage a program 
        to pay compensation for the disability or death of an officer 
        or employee of the Postal Service which results from an injury 
        sustained while in the performance of duty;
            (2) such program should include an automatic transition to 
        retirement and provide a retirement pension based on the 
        average salary of the officer or employee, determined as if 
        such officer or employee had continued to receive basic pay 
        from the date of injury to the date of retirement; and
            (3) officers or employees of the Postal Service receiving 
        compensation for a disability from an injury sustained while in 
        the performance of duty should be transitioned to the program 
        described in paragraph (1).

                    TITLE IV--POSTAL SERVICE REVENUE

SEC. 401. ADEQUACY, EFFICIENCY, AND FAIRNESS OF POSTAL RATES.

    (a) In General.--Paragraph (1) of section 3622(d) of title 39, 
United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (E) as 
        subparagraph (D) through (G), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) subject to the limitation under paragraph 
                (A), establish postal rates to fulfill the requirement 
                that each market-dominant class, product, and type of 
                mail service (except for an experimental product or 
                service) bear the direct and indirect postal costs 
                attributable to such class, product, or type through 
                reliably identified causal relationships plus that 
                portion of all other costs of the Postal Service 
                reasonably assignable to such class, product, or type;
                    ``(C) establish postal rates for each loss-making 
                class of mail to eliminate such losses by exhausting 
                all unused rate authority as well as maximizing 
                incentives to reduce costs and increase efficiency; 
                with--
                            ``(i) the term `loss-making', as used with 
                        respect to a class of mail, meaning a class of 
                        mail that bears less than 100 percent of its 
                        costs attributable (as described in 
                        subparagraph (B)), according to the most recent 
                        annual determination of the Postal Regulatory 
                        Commission under section 3653; and
                            ``(ii) unused rate authority annually 
                        increased by 5 percent for each class of mail 
                        that bore less than 90 percent of its costs 
                        attributable, according to the most annual 
                        determination by the Postal Regulatory 
                        Commission under section 3653, with such 
                        increase in unused rate authority to take 
                        effect 30 days after issuance of such 
                        Commission determination;''.
    (b) Exception.--Section 3622(d) of title 39, United States Code, is 
amended by adding at the end the following:
            ``(4) Exception.--The requirements of paragraph (1)(B) 
        shall not apply to a market-dominant product for which a 
        substantial portion of the product's mail volume consists of 
        inbound international mail with terminal dues rates determined 
        by the Universal Postal Union (and not by bilateral agreements 
        or other arrangements).''.

SEC. 402. REPEAL OF RATE PREFERENCES FOR QUALIFIED POLITICAL 
              COMMITTEES.

    Subsection (e) of section 3626 of title 39, United States Code, is 
repealed.

SEC. 403. RATE PREFERENCES FOR NONPROFIT ADVERTISING.

    (a) Provisions Relating to Former Section 4358(f).--Section 
3626(a)(5) of title 39, United States Code, is amended by adding at the 
end the following: ``Notwithstanding any other provision of this 
paragraph, the percentage specified in the preceding sentence shall be 
increased by an additional 5 percentage points as of the first day of 
each calendar year beginning after the date of the enactment of the 
Postal Reform Act of 2011, until such percentage reaches 90 percent.''.
    (b) Provisions Relating to Former Section 4452 (b) and (c).--
Section 3626(a)(6) of title 39, United States Code, is amended by 
inserting after subparagraph (C) the following (as a flush left 
sentence):
``Notwithstanding any other provision of this paragraph, the percentage 
specified in subparagraph (A) shall be increased by an additional 5 
percentage points as of the first day of each calendar year beginning 
after the date of the enactment of the Postal Reform Act of 2011, until 
such percentage reaches 90 percent.''.

SEC. 404. STREAMLINED REVIEW OF QUALIFYING SERVICE AGREEMENTS FOR 
              COMPETITIVE PRODUCTS.

    Section 3633 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(c) Streamlined Review.--Within 90 days after the date of the 
enactment of this subsection, after notice and opportunity for public 
comment, the Postal Regulatory Commission shall promulgate (and may 
from time to time thereafter revise) regulations for streamlined after-
the-fact review of new agreements between the Postal Service and users 
of the mail that provide rates not of general applicability for 
competitive products, and are functionally equivalent to existing 
agreements that have collectively covered costs attributable to such 
agreements and collectively improved the net financial position of the 
Postal Service. Streamlined review will be concluded within 5 working 
days after the agreement is filed with the Commission and shall be 
limited to approval or disapproval of the agreement as a whole based on 
the Commission's determination of its functional equivalence. 
Agreements not approved may be resubmitted without prejudice under 
section 3632(b)(3).''.

SEC. 405. SUBMISSION OF SERVICE AGREEMENTS FOR STREAMLINED REVIEW.

    Section 3632(b) of title 39, United States Code, is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting paragraph (3) the following:
            ``(4) Rates for streamlined review.--In the case of rates 
        not of general applicability for competitive products that the 
        Postmaster General considers eligible for streamlined review 
        under section 3633(c), the Postmaster General shall cause each 
        agreement to be filed with the Postal Regulatory Commission by 
        such date, on or before the effective date of any new rate, as 
        the Postmaster General considered appropriate.''.

SEC. 406. TRANSPARENCY AND ACCOUNTABILITY FOR SERVICE AGREEMENTS.

    Section 3632(b) of title 39, United States Code, as amended by 
section 405, is amended by adding at the end the following:
            ``(6)(A) Each annual written determination of the 
        Commission under section 3653 shall include written 
        determinations, for each group of functionally equivalent 
        agreements between the Postal Service and users of the mail, 
        whether it--
                    ``(i) covered costs attributable; and
                    ``(ii) improved the net financial position of the 
                Postal Service.
            ``(B) Any group of functionally equivalent agreements (as 
        referred to in subparagraph (A)) not meeting clauses (i) and 
        (ii) of subparagraph (A) shall be determined to be in 
        noncompliance under section 3653(c).
            ``(C) For purposes of this paragraph, a group of 
        functionally equivalent agreements (as referred to in 
        subparagraph (A)) shall consist of all service agreements that 
        are functionally equivalent to each other within the same 
        market-dominant or competitive product, but shall not include 
        agreements within an experimental product.''.

SEC. 407. NONPOSTAL SERVICES.

    (a) Nonpostal Services.--
            (1) In general.--Part IV of title 39, United States Code, 
        is amended by adding after chapter 36 the following:

                    ``CHAPTER 37--NONPOSTAL SERVICES

``Sec.
``3701. Purpose.
``3702. Definitions.
``3703. Postal Service advertising program.
``3704. Postal Service program for State governments.
``3705. Postal Service program for other government agencies.
``3706. Transparency and accountability for nonpostal services.
``Sec. 3701. Purpose
    ``This chapter is intended to enable the Postal Service to increase 
its net revenues through specific nonpostal products and services that 
are expressly authorized by this chapter. Postal Service revenues and 
expenses under this chapter shall be funded through the Postal Service 
Fund.
``Sec. 3702. Definitions
    ``As used in this chapter--
            ``(1) the term `nonpostal services' is limited to services 
        offered by the Postal Service that are expressly authorized by 
        this chapter and are not postal products or services;
            ``(2) the term `Postal Service advertising program' means a 
        program, managed by the Postal Service, by which the Postal 
        Service receives revenues from entities which advertise at 
        Postal Service facilities and on Postal Service vehicles;
            ``(3) the term `Postal Service program for State government 
        services' means a program, managed by the Postal Service, by 
        which the Postal Service receives revenue from State 
        governments (including their agencies) which provide services 
        at Postal Service facilities;
            ``(4) the term `costs attributable' has the same meaning as 
        is given such term in section 3631; and
            ``(5) the term `year' means a fiscal year.
``Sec. 3703. Postal Service advertising program
    ``Notwithstanding any other provision of this title, the Postal 
Service may establish and manage a program that allows entities to 
advertise at Postal Service facilities and on Postal Service vehicles. 
Such a program shall be subject to the following requirements:
            ``(1) The Postal Service shall at all times ensure 
        advertising it permits is consistent with the integrity of the 
        Postal Service.
            ``(2) Any advertising program is required to cover a 
        minimum of 200 percent of the costs attributable to the program 
        in each year.
            ``(3) All advertising expenditures and revenues are subject 
        to annual compliance determination (including remedies for 
        noncompliance) applicable to nonpostal products.
            ``(4) Total advertising expenditures and revenues must be 
        disclosed in Postal Service Annual Reports.
``Sec. 3704. Postal Service program for State governments
    ``(a) In General.--Notwithstanding any other provision of this 
title, the Postal Service may establish a program to provide services 
for agencies of State governments within the United States, but only if 
such services--
            ``(1) shall provide enhanced value to the public, such as 
        by lowering the cost or raising the quality of such services or 
        by making such services more accessible;
            ``(2) do not interfere with or detract from the value of 
        postal services, including--
                    ``(A) the cost and efficiency of postal services; 
                and
                    ``(B) access to postal retail service, such as 
                customer waiting time and access to parking; and
            ``(3) provide a reasonable contribution to the 
        institutional costs of the Postal Service, defined as 
        reimbursement for each service and to each agency covering at 
        least 150 percent of the costs attributable to such service in 
        each year.
    ``(b) Public Notice.--At least 90 days before offering any services 
under this section, the Postal Service shall make each agreement with 
State agencies readily available to the public on its Web site, 
including a business plan that describes the specific services to be 
provided, the enhanced value to the public, terms of reimbursement, the 
estimated annual reimbursement to the Postal Service, and the estimated 
percentage of attributable Postal Services that will be covered by 
reimbursement (with documentation to support these estimates). The 
Postal Service shall solicit public comment for at least 30 days, with 
comments posted on its Web site, followed by its written response 
posted on its Web site at least 30 days before offering such services.
    ``(c) Approval Required.--The Governors of the Postal Service shall 
approve the provision of services under this section by a recorded 
vote, with at least 6 members voting for approval, with the vote 
publicly disclosed on the Postal Service Web site.
    ``(d) Classification of Services.--All services for a given agency 
provided under this section shall be classified as a separate activity 
subject to the requirements of annual reporting under section 3706. 
Such reporting shall also include information on the quality of service 
and related information to demonstrate that it satisfied the 
requirements of subsection (a). Information provided under this section 
shall be according to requirements that the Postal Regulatory 
Commission shall by regulation prescribe.
    ``(e) Definitions.--For the purpose of this section--
            ``(1) the term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the United States Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States; and
            ``(2) the term `United States', when used in a geographical 
        sense, means the States.
``Sec. 3705. Postal Service program for other government agencies
    ``(a) In General.--The Postal Service may establish a program to 
provide property and services for other government agencies within the 
meaning of section 411, but only if such program provides a reasonable 
contribution to the institutional costs of the Postal Service, defined 
as reimbursement by each agency that covers at least 100 percent of the 
costs attributable to all property and service provided by the Postal 
Service in a each year to such agency.
    ``(b) Classification of Services.--For each agency, all property 
and services provided by the Postal Service under this section shall be 
classified as a separate activity subject to the requirements of annual 
reporting under section 3706. Information provided under this section 
shall be according to requirements that the Postal Regulatory 
Commission shall by regulation prescribe.
``Sec. 3706. Transparency and accountability for nonpostal services
    ``(a) Annual Reports to the Commission.--
            ``(1) In general.--The Postal Service shall, no later than 
        90 days after the end of each year, prepare and submit to the 
        Postal Regulatory Commission a report (together with such 
        nonpublic annex to the report as the Commission may require 
        under subsection (b)) which shall analyze costs, revenues, 
        rates, and quality of service for section 3704, using such 
        methodologies as the Commission shall by regulation prescribe, 
        and in sufficient detail to demonstrate compliance with all 
        applicable requirements of this chapter.
            ``(2) Audits.--The Inspector General shall regularly audit 
        the data collection systems and procedures utilized in 
        collecting information and preparing such report. The results 
        of any such audit shall be submitted to the Postal Service and 
        the Postal Regulatory Commission.
    ``(b) Supporting Matter.--The Postal Regulatory Commission shall 
have access, in accordance with such regulations as the Commission 
shall prescribe, to the working papers and any other supporting matter 
of the Postal Service and the Inspector General in connection with any 
information submitted under this section.
    ``(c) Content and Form of Reports.--
            ``(1) In general.--The Postal Regulatory Commission shall, 
        by regulation, prescribe the content and form of the public 
        reports (and any nonpublic annex and supporting matter relating 
        to the report) to be provided by the Postal Service under this 
        section. Such reports shall be included with the annual 
        compliance determination reported under section 3653. In 
        carrying out this subsection, the Commission shall give due 
        consideration to--
                    ``(A) providing the public with timely, adequate 
                information to assess compliance;
                    ``(B) avoiding unnecessary or unwarranted 
                administrative effort and expense on the part of the 
                Postal Service; and
                    ``(C) protecting the confidentiality of information 
                that is commercially sensitive or is exempt from public 
                disclosure under section 552(b) of title 5.
            ``(2) Revised requirements.--The Commission may, on its own 
        motion or on request of an interested party, initiate 
        proceedings (to be conducted in accordance with regulations 
        that the Commission shall prescribe) to improve the quality, 
        accuracy, or completeness of Postal Service data required by 
        the Commission under this subsection whenever it shall appear 
        that--
                    ``(A) the attribution of costs or revenues to 
                property or services under this chapter has become 
                significantly inaccurate or can be significantly 
                improved;
                    ``(B) the quality of service data provided to the 
                Commission for annual reports under this chapter has 
                become significantly inaccurate or can be significantly 
                improved; or
                    ``(C) such revisions are, in the judgment of the 
                Commission, otherwise necessitated by the public 
                interest.
    ``(d) Confidential Information.--
            ``(1) In general.--If the Postal Service determines that 
        any document or portion of a document, or other matter, which 
        it provides to the Postal Regulatory Commission in a nonpublic 
        annex under this section contains information which is 
        described in section 410(c) of this title, or exempt from 
        public disclosure under section 552(b) of title 5, the Postal 
        Service shall, at the time of providing such matter to the 
        Commission, notify the Commission of its determination, in 
        writing, and describe with particularity the documents (or 
        portions of documents) or other matter for which 
        confidentiality is sought and the reasons therefor.
            ``(2) Treatment.--Any information or other matter described 
        in paragraph (1) to which the Commission gains access under 
        this section shall be subject to paragraphs (2) and (3) of 
        section 504(g) in the same way as if the Commission had 
        received notification with respect to such matter under section 
        504(g)(1).
    ``(e) Annual Compliance Determination.--
            ``(1) Opportunity for public comment.--After receiving the 
        reports required under subsection (a) for any year, the Postal 
        Regulatory Commission shall promptly provide an opportunity for 
        comment on such reports by any interested party, and an officer 
        of the Commission who shall be required to represent the 
        interests of the general public.
            ``(2) Determination of compliance or noncompliance.--Not 
        later than 90 days after receiving the submissions required 
        under subsection (a) with respect to a year, the Postal 
        Regulatory Commission shall make a written determination as to 
        whether any nonpostal activities during such year were or were 
        not in compliance with applicable provisions of this chapter 
        (or regulations promulgated under this chapter). The Postal 
        Regulatory Commission shall issue a determination of 
        noncompliance if the requirements for coverage of costs 
        attributable to the activities are not met. If, with respect to 
        a year, no instance of noncompliance is found to have occurred 
        in such year, the written determination shall be to that 
        effect.
            ``(3) Noncompliance.--If, for a year, a timely written 
        determination of noncompliance is made under this chapter, the 
        Postal Regulatory Commission shall take appropriate action. If 
        the requirements for coverage of costs attributable to 
        activities specified by this chapter are not met, the 
        Commission shall, within 60 days after the determination, 
        prescribe remedial action to restore compliance as soon as 
        practicable, which shall also include the full restoration of 
        revenue shortfalls during the following fiscal year. The 
        Commission may order the Postal Service to discontinue a 
        nonpostal service under section 3703 or 3704 that persistently 
        fails to meet cost coverage requirements.
            ``(4) Any deliberate noncompliance.--In addition, in cases 
        of deliberate noncompliance by the Postal Service with the 
        requirements of this chapter, the Postal Regulatory Commission 
        may order, based on the nature, circumstances, extent, and 
        seriousness of the noncompliance, a fine (in the amount 
        specified by the Commission in its order) for each incidence of 
        noncompliance. All receipts from fines imposed under this 
        subsection shall be deposited in the general fund of the 
        Treasury of the United States.''.
            (2) Clerical amendment.--The analysis for part IV of title 
        39, United States Code, is amended by adding after the item 
        relating to chapter 36 the following:

``37. Nonpostal services....................................    3701''.
    (b) Conforming Amendments.--
            (1) Section 404(e).--Section 404(e) of title 39, United 
        States Code, is amended by adding at the end the following:
    ``(6) Nothing in this section shall be considered to prevent the 
Postal Service from establishing nonpostal products and services that 
are expressly authorized by chapter 37.''.
            (2) Section 411.--The last sentence of section 411 of title 
        39, United States Code, is amended by striking ``including 
        reimbursability'' and inserting ``including reimbursability 
        within the limitations of chapter 37''.

                   TITLE V--POSTAL CONTRACTING REFORM

SEC. 501. 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 noncompetitive purchase requests for noncompetitive 
                            contracts.
``705. Review of ethical issues.
``706. Ethical restrictions on participation in certain contracting 
                            activity.
``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 Chairman of 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 
        designate for the covered postal entity 1 or more officers or 
        employees (other than the senior procurement executive) to 
        serve as the advocate for competition.
    ``(b) Responsibilities.--The advocate for competition of each 
covered postal entity shall--
            ``(1) be responsible for promoting--
                    ``(A) the contracting out of Postal Service 
                functions that the private sector can perform equally 
                well or better, and at lower cost; and
                    ``(B) competition to the maximum extent practicable 
                consistent with obtaining best value by promoting the 
                acquisition of commercial items and challenging 
                barriers to competition;
            ``(2) review the procurement activities of the covered 
        postal entity; and
            ``(3) prepare and transmit to the head of each covered 
        postal entity, the senior procurement executive 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 promote contracting 
                out and competition;
                    ``(C) barriers to contracting out and competition; 
                and
                    ``(D) the number of waivers made by each covered 
                postal entity under section 704(c).
``Sec. 703. Delegation of contracting authority
    ``(a) In General.--
            ``(1) Policy.--Not later than 60 days after the date of 
        enactment of this chapter, 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 authority 
                with respect to postal contracts, 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 of 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 for postal contracts 
        outside the functional contracting unit readily available and 
        accessible on the Web site 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 this chapter.
``Sec. 704. Posting of noncompetitive purchase requests for 
              noncompetitive contracts
    ``(a) Posting Required.--
            ``(1) Postal regulatory commission.--The Postal Regulatory 
        Commission shall make the noncompetitive purchase request for 
        any noncompetitive award, including the rationale supporting 
        the noncompetitive award, publicly available on the Web site of 
        the Postal Regulatory Commission--
                    ``(A) not later than 14 days after the date of the 
                award of the noncompetitive contract; or
                    ``(B) not later than 30 days after the date of the 
                award of the noncompetitive contract, if the basis for 
                the award was a compelling business interest.
            ``(2) United states postal service.--The United States 
        Postal Service shall make the noncompetitive purchase request 
        for any noncompetitive award of a postal contract valued at 
        $250,000 or more, including the rationale supporting the 
        noncompetitive award, publicly available on the Web site of the 
        United States Postal Service--
                    ``(A) not later than 14 days after the date of the 
                award; or
                    ``(B) not later than 30 days after the date of the 
                award, if the basis for the award was a compelling 
                business interest.
            ``(3) Adjustments to the posting threshold for the united 
        states postal service.--
                    ``(A) Review and determination.--Not later than 
                January 31 of each year, the United States Postal 
                Service shall--
                            ``(i) review the $250,000 threshold 
                        established under paragraph (2); and
                            ``(ii) based on any change in the Consumer 
                        Price Index for all-urban consumers of the 
                        Department of Labor, determine whether an 
                        adjustment to the threshold shall be made.
                    ``(B) Amount of adjustments.--An adjustment under 
                subparagraph (A) shall be made in increments of $5,000. 
                If the United States Postal Service determines that a 
                change in the Consumer Price Index for a year would 
                require an adjustment in an amount that is less than 
                $5,000, the United States Postal Service may not make 
                an adjustment to the threshold for the year.
            ``(4) Effective date.--This subsection shall apply to any 
        noncompetitive contract awarded on or after the date that is 90 
        days after the date of enactment of this chapter.
    ``(b) Public Availability.--
            ``(1) In general.--Subject to paragraph (2), the 
        information required to be made publicly available by a covered 
        postal entity under subsection (a) shall be readily accessible 
        on the Web site of the covered postal entity.
            ``(2) Protection of proprietary information.--A covered 
        postal entity shall--
                    ``(A) carefully screen any description of the 
                rationale supporting a noncompetitive award required to 
                be made publicly available under subsection (a) to 
                determine whether the description includes proprietary 
                data (including any reference or citation to the 
                proprietary data) or security-related information; and
                    ``(B) remove any proprietary data or security-
                related information before making publicly available a 
                description of the rationale supporting a 
                noncompetitive award.
    ``(c) Waivers.--
            ``(1) Waiver permitted.--If a covered postal entity 
        determines that making a noncompetitive purchase request 
        publicly available would risk placing the United States Postal 
        Service at a competitive disadvantage relative to a private 
        sector competitor, the senior procurement executive, in 
        consultation with the advocate for competition of the covered 
        postal entity, may waive the requirements under subsection (a).
            ``(2) Form and content of waiver.--
                    ``(A) Form.--A waiver under paragraph (1) shall be 
                in the form of a written determination placed in the 
                file of the contract to which the noncompetitive 
                purchase agreement relates.
                    ``(B) Content.--A waiver under paragraph (1) shall 
                include--
                            ``(i) a description of the risk associated 
                        with making the noncompetitive purchase request 
                        publicly available; and
                            ``(ii) a statement that redaction of 
                        sensitive information in the noncompetitive 
                        purchase request would not be sufficient to 
                        protect the United States Postal Service from 
                        being placed at a competitive disadvantage 
                        relative to a private sector competitor.
            ``(3) Delegation of waiver authority.--A covered postal 
        entity may not delegate the authority to approve a waiver under 
        paragraph (1) to any employee having less authority than the 
        senior procurement executive.
``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. Ethical restrictions on participation in certain 
              contracting activity
    ``(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;
            ``(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; and
            ``(3) the term `covered relationship' means a covered 
        relationship described in section 2635.502(b)(1) of title 5, 
        Code of Federal Regulations, or any successor thereto.
    ``(b) In General.--
            ``(1) Regulations.--The head of each covered postal entity 
        shall prescribe regulations that--
                    ``(A) require a covered employee to include in the 
                file of any noncompetitive purchase request for a 
                noncompetitive postal contract a written certification 
                that--
                            ``(i) discloses any covered relationship of 
                        the covered employee; and
                            ``(ii) states that the covered employee 
                        will not take any action with respect to the 
                        noncompetitive purchase request that affects 
                        the financial interests of a friend, relative, 
                        or person with whom the covered employee is 
                        affiliated in a nongovernmental capacity, or 
                        otherwise gives rise to an appearance of the 
                        use of public office for private gain, as 
                        described in section 2635.702 of title 5, Code 
                        of Federal Regulations, or any successor 
                        thereto;
                    ``(B) require a contracting officer to consult with 
                the ethics counsel for the covered postal entity 
                regarding any disclosure made by a covered employee 
                under subparagraph (A)(i), to determine whether 
                participation by the covered employee in the 
                noncompetitive purchase request would give rise to a 
                violation of part 2635 of title 5, Code of Federal 
                Regulations (commonly referred to as the Standards of 
                Ethical Conduct for Employees of the Executive Branch);
                    ``(C) require the ethics counsel for a covered 
                postal entity to review any disclosure made by a 
                contracting officer under subparagraph (A)(i) to 
                determine whether participation by the contracting 
                officer in the noncompetitive purchase request would 
                give rise to a violation of part 2635 of title 5, Code 
                of Federal Regulations (commonly referred to as the 
                Standards of Ethical Conduct for Employees of the 
                Executive Branch), or any successor thereto;
                    ``(D) under subsections (d) and (e) of section 
                2635.50 of title 5, Code of Federal Regulations, or any 
                successor thereto, require the ethics counsel for a 
                covered postal entity to--
                            ``(i) authorize a covered employee that 
                        makes a disclosure under subparagraph (A)(i) to 
                        participate in the noncompetitive postal 
                        contract; or
                            ``(ii) disqualify a covered employee that 
                        makes a disclosure under subparagraph (A)(i) 
                        from participating in the noncompetitive postal 
                        contract;
                    ``(E) require a contractor to timely disclose to 
                the contracting officer in a bid, solicitation, award, 
                or performance of a postal contract any conflict of 
                interest with a covered employee; and
                    ``(F) include authority for the head of the covered 
                postal entity to grant a waiver or otherwise mitigate 
                any organizational or personal conflict of interest, if 
                the head of the covered postal entity determines that 
                the waiver or mitigation is in the best interests of 
                the Postal Service.
            ``(2) Posting of waivers.--Not later than 30 days after the 
        head of a covered postal entity grants a waiver described in 
        paragraph (1)(F), the head of the covered postal entity shall 
        make the waiver publicly available on the Web site of the 
        covered postal entity.
    ``(c) Contract Voidance and Recovery.--
            ``(1) Unlawful conduct.--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 in which a 
                contractor under a postal contract fails to timely 
                disclose a conflict of interest to the appropriate 
                contracting officer as required under the regulations 
                promulgated under subsection (b)(1)(E), 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 2105 of title 
                        41, United States Code; 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 2105 of such title.''.
    (b) Clerical 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. 502. TECHNICAL AMENDMENT TO DEFINITION.

    Section 7101(8) of title 41, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the United States Postal Service and the 
                Postal Regulatory Commission.''.
                                 <all>