[House Report 109-184]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-184

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   PROVIDING FOR CONSIDERATION OF H.R. 22, POSTAL ACCOUNTABILITY AND 
                            ENHANCEMENT ACT

                                _______
                                

   July 25, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 380]

    The Committee on Rules, having had under consideration 
House Resolution 380, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 22, 
Postal Accountability and Enhancement Act, under a structured 
rule. The rule provides one hour of general debate equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Government Reform. The rule waives 
all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Government Reform 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment. The rule waives all points of 
order against the amendment in the nature of a substitute 
recommended by the Committee on Government Reform. The rule 
makes in order only those amendments printed in this report, 
and provides that those amendments may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to demand 
for a division of the question in the House or in the Committee 
of the Whole. The rule waives all points of order against the 
amendments printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of points of order is necessary because the 
performance goals section of the report of the Committee on 
Government Reform does not meet the requirements of clause 
3(c)(4) of rule XIII; and because the bill, as reported, 
contains subject matter within the jurisdiction of the 
Committee on the Budget, in violation of section 306 of the 
Budget Act.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Pence: Removes the requirement that the first vacant 
slot on the Board of Governors is to be filled by an individual 
with unanimous backing by the labor unions. Currently, the 
Board of Governors consists of 9 members (with no more than 5 
from the same party). (20 minutes)
    2. Flake: Establishes a domestic pilot program to empower 
local postmasters to employ their experience and management 
expertise, absent the restrictions of the Postal Service's 
monopolies on first class mail delivery and the use of postal 
mailboxes, to test certain fundamental assumptions relating to 
the provisions of universal mail service in the United States. 
(20 minutes)
    3. Hensarling: Reduces the bill's cost by ensuring that 
100% of the Civil Service Retirement System (CSRS) savings 
released under H.R. 22 will be directed to pay the Postal 
Service's unfunded healthcare liability, instead of it flowing 
to the Postal Service for its own use. In addition, the 
responsibility for paying the CSRS costs associated with 
military service credits will remain with the Postal Service 
instead of reverting back to the Treasury. (20 minutes)
    4. Jackson-Lee: Establishes a Civil Rights and Civil 
Liberties Board Pilot Program within the Postal Service to 
monitor and enforce claims of abuse that will call for 
congressional review after three years. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Pence of Indiana, or 
                 His Designee, Debatable for 20 Minutes

    Page 73, strike line 7 and all that follows through page 
74, line 2.
    Page 74, line 3, strike ``(d)'' and insert ``(c)''.
    Page 74, strike all after ``Act'' on line 7 and before 
``any'' on line 9, and insert ``or''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 20 Minutes

  Page 120, after line 8, insert the following (and make such 
technical and conforming changes as may be appropriate):

SEC. 712. PILOT PROGRAM TO TEST ALTERNATIVE METHODS FOR THE DELIVERY OF 
                    POSTAL SERVICES.

  (a) Pilot Program.--The United States Postal Service may 
conduct a pilot program to test the feasibility and 
desirability of alternative methods for the delivery of postal 
services. Subject to the provisions of this section, the pilot 
program shall not be limited by any lack of specific authority 
under title 39, United States Code, to take any action 
contemplated or, to the extent specified in a waiver granted by 
the Postal Service in accordance with regulations under 
subsection (f), by any provision of law, rule, or regulation 
inconsistent with any action contemplated (any such waiver to 
be granted or denied in consultation with the Attorney General, 
to the extent any provision of title 18, United States Code, is 
involved).
  (b) Requirements.--
          (1) In general.--Under the pilot program, alternative 
        methods for the delivery of postal services may be 
        tested only in those communities that submit an 
        appropriate application (together with a written plan) 
        in such time, form, and manner as the Postal Service by 
        regulation requires, and whose application has been 
        duly approved. Any such application shall include--
                  (A) a description of the postal services that 
                would be affected;
                  (B) the alternative providers selected and 
                the postal services each would furnish (or the 
                manner in which those decisions would be made);
                  (C) the anticipated costs and benefits to the 
                Postal Service and users of the mail;
                  (D) the anticipated duration of the 
                community's participation;
                  (E) a specific description of any actions 
                contemplated for which there is a lack of 
                specific authority or for which a waiver (as 
                described in subsection (a)) would be 
                necessary; and
                  (F) such other information as the Postal 
                Service may require.
          (2) Review boards.--Under the pilot program, the 
        postmaster or postmasters within a community may, in 
        accordance with regulations prescribed by the Postal 
        Service, establish a postal performance review board 
        (hereinafter in this section referred to as a ``review 
        board''). It shall be the function of a review board to 
        submit any application under paragraph (1) on behalf of 
        the community that it represents and to carry out the 
        plan on the basis of which any such application with 
        respect to such community is approved. A review board 
        shall consist of the postmaster for the community (or, 
        if there is more than one, the postmaster designated in 
        accordance with regulations under subsection (f)), at 
        least 1 individual who shall represent the interests of 
        business concerns, and at least 1 individual who shall 
        represent the interests of users of the class of mail 
        for which the most expeditious handling and 
        transportation is afforded by the Postal Service. The 
        postmaster (or postmaster so designated) shall serve as 
        chairman of the review board.
          (3) Alternative providers.--To be eligible to be 
        selected as an alternative provider of postal services, 
        a provider must be a commercial enterprise, nonprofit 
        organization, labor organization, or other person 
        that--
                  (A) possesses the personnel, equipment, and 
                other capabilities necessary to furnish the 
                postal services concerned;
                  (B) satisfies such security and other 
                requirements as may be necessary to safeguard 
                the mail, users of the mail, and the general 
                public;
                  (C) submits a bid to the appropriate review 
                board in such time, form, and manner (together 
                with such accompanying information) as the 
                review board may require; and
                  (D) meets such other requirements as the 
                review board may require, consistent with any 
                regulations under subsection (f) that may 
                apply.
          (4) Use of postal facilities and equipment.--
        Postmasters shall at their discretion be permitted to 
        allow alternative providers the use of facilities and 
        equipment of the Postal Service, and any such proposed 
        use shall, for purposes of the competitive bidding 
        process, be taken into account using fair market value.
  (c) Limitations.--The pilot program--
          (1) may involve not more than a total of 20 
        communities; and
          (2) shall terminate not later than 5 years after the 
        date on which the program commences.
  (d) Termination Authority.--Subject to such conditions as the 
Postal Service may by regulation prescribe and the terms of any 
written agreement or contract entered into in conformance with 
such regulations, the participation of a community in the pilot 
program may be terminated by the Postal Service or by the 
review board for such community if either determines that the 
continued participation of the community is not in the best 
interests of the public or the Government of the United States.
  (e) Evaluations.--The Postal Service shall provide for an 
evaluation of the operation of the pilot program within each 
community that participates. Any such evaluation shall examine, 
at least and if applicable, reliability of mail delivery 
(including the rate of misdeliveries), timeliness of mail 
delivery (including the time of day that mail is delivered and 
the time elapsing from the postmarking to delivery of mail), 
volume of mail delivered, and any cost savings or additional 
costs to the Postal Service attributable to the use of 
alternative providers. Data included in any such evaluation 
shall be analyzed--
          (1) by community characteristics, time of year, and 
        type of postal service;
          (2) by residential, business, and any other type of 
        mail user; and
          (3) on such other bases as the Postal Service may 
        determine.
Each such evaluation and an overall evaluation of the pilot 
program shall be transmitted by the Postal Service to the 
President and each House of Congress by not later than 90 days 
after the date on which the program terminates.
  (f) Regulations.--The Postal Service may prescribe any 
regulations necessary to carry out this section.
  (g) Rule of Construction.--Nothing in this section shall be 
considered to affect the obligation of the Postal Service to 
continue providing universal service, in accordance with 
otherwise applicable provisions of law, in all aspects not 
otherwise provided for pursuant to this section.
                              ----------                              


3. An Amendment To Be Offered by Representative Hensarling of Texas, or 
                 His Designee, Debatable for 20 Minutes

    Page 138, line 13, strike ``(h)(1)'' and insert 
``(h)(1)(A)''.
    Page 138, line 16, strike ``(A)'' and insert ``(i)''.
    Page 138, line 22, strike ``(B)'' and insert ``(ii)''.
    Page 138, line 23, strike ``(i)'' and insert ``(I)''.
    Page 139, line 1, strike ``(ii)'' and insert ``(II)''.
    Page 139, line 7, strike ``(iii)'' and insert ``(III)''.
    Page 139, after line 10, insert the following:
    ``(B)(i) In computing the actuarial present value of future 
benefits, the Office shall include the full value of benefits 
attributable to military and volunteer service for United 
States Postal Service employees first employed after June 30, 
1971, and a prorated share of the value of benefits 
attributable to military and volunteer service for United 
States Postal Service employees first employed before July 1, 
1971.
    ``(ii) Military service so included shall not be included 
in the computation of any amount under subsection (g)(2).
    Page 142, strike line 21 and all that follows through page 
143, line 7.
    Page 143, line 8, strike ``(d)'' and insert ``(c)''.
    Page 147, lines 12 through 13, strike ``ESCROW AND 
MILITARY'' (and make such technical and conforming changes as 
may be appropriate).
    Page 148, line 2, strike ``for each of fiscal years 2006 
through 2015'' and insert ``for fiscal year 2006 and each 
fiscal year thereafter''.
    Page 148, line 24, strike ``two-thirds of''.
    Page 149, line 6, strike ``two-thirds of''.
    Page 149, line 25 through page 150, line 1, strike ``two-
thirds of''.
    Page 150, line 4, strike ``two-thirds of''.
    Page 150, strike lines 13 through 21.
                              ----------                              


 4. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 20 Minutes


TITLE X--ESTABLISHMENT OF CIVIL RIGHTS AND CIVIL LIBERTIES BOARD PILOT 
                                PROGRAM


SEC. 1001. ESTABLISHMENT OF BOARD.

    There is established as an independent agency the Civil 
Rights and Civil Liberties Board (hereinafter in this title 
referred to as the ``Board'').

SEC. 1002. FUNCTIONS.

    The Board shall--
          (1) conduct investigations and studies concerning 
        areas in which there may be denials of civil rights or 
        liberties or abuse of rights within the postal service;
          (2) appraise and report on Federal agencies' 
        enforcement of laws protecting civil rights and 
        liberties; and
          (3) report on these matters to the Postal Regulatory 
        Commission.

SEC. 1003. MEMBERSHIP AND OPERATIONS.

    (a) Membership.--The Board shall consist of 9 members, 
appointed by the President by and with the advice and consent 
of the Senate.
    (b) Operation.--The Board shall elect a Chair. The Chair 
shall convene and preside at meetings of the Board, determine 
its agenda, direct its work, and, as appropriate to deal with 
particular subject matters, establish and direct subgroups of 
the Board that shall consist exclusively of members of the 
Board. The Chair shall convene the first meeting of the Board 
not later than 20 days after the date of the enactment of this 
Act and shall thereafter convene meetings of the Board at such 
times as the Chair deems necessary. The Board may appoint such 
employees of the Board as the Board deems necessary.

SEC. 1004. POWERS.

    In order to carry out its functions, the Board shall have 
the power to hold hearings and require the attendance of 
witnesses and the production of records and things it deems 
necessary. A subpoena by the Board may be served anywhere in 
the United States, and may be enforced by motion of the Board 
in an appropriate United States district court.

                                  
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