117 HR 8781 IH: Ensuring Accurate Postal Rates Act U.S. House of Representatives 2022-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8781IN THE HOUSE OF REPRESENTATIVESSeptember 9, 2022Mr. Connolly (for himself, Mr. Graves of Missouri, Mr. LaTurner, and Mr. Cleaver) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo direct the Postal Regulatory Commission to review and modify market-dominant ratemaking system rules as a result of the enactment of the USPS Fairness Act, and for other purposes.

1.

Short title; findings

(a)

Short title

This Act may be cited as the Ensuring Accurate Postal Rates Act.(b)

Findings

Congress finds the following:(1)The review of the market-dominant ratemaking system conducted by the Postal Regulatory Commission (in this Act referred to as the Commission) pursuant to section 3622(d)(3) of title 39, United States Code, resulted in the Commission’s Order Number 5763 (submitted on November 30, 2020) adopting final rules for the system of regulating rates and classes for market dominant products.(2)Such final rules rely in major part upon an earlier finding of the Commission that the then-existing system of market-dominant ratemaking had not enabled the United States Postal Service to achieve medium- and long-term financial stability.(3)The Commission’s findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service’s books of account.(4)Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117–108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules.(5)Such final rules also did not adequately take into account the benefit to the Postal Service’s financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid–19 pandemic.

2.

Postal Regulatory Commission review and modification of market-dominant ratemaking system rules

(a)

Review

Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section.(b)

Rules carrying out system

Not later than 1 year after the date of enactment of this Act—(1)if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or(2)if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system.