,i #aacth ,,congress #ast ,session ,h4 ,r4 #bfij ,,in ,,the ,,house ,,of ,,representatives ,july #af1 #bjac ,mr4 ,cummings 7for himself1 ,mr4 ,lynch1 ,mr4 ,tierney1 ,mr4 ,connolly1 ,ms4 ,speier1 ,ms4 ,norton1 ,mr4 ,danny ,k4 ,davis of ,illinois1 and ,ms4 ,kelly of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to enhance the long-term profitability of the ,united ,states ,postal ,service through enhanced innovation1 operational flexibility1 workforce realignment1 and regulatory relief4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,innovate to ,deliver ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,title ,i--,,postal ,,service ,,profitability ,,and ,,revenue-,,generating ,,enhancements ,subtitle ,a--,postal ,service ,products and ,pricing ,sec4 #aja4 ,,usps innovation officer and accountability4 ,sec4 #ajb4 ,authority to offer nonpostal services4 ,sec4 #ajc4 ,requirement that market-dominant products cover attributable costs4 ,sec4 #ajd4 ,,prc to revisit ,,cpi cap instituted under ,,paea4 ,sec4 #aje4 ,enhanced product innovation4 ,sec4 #ajf4 ,authority to ship beer1 wine and distilled spirits4 ,sec4 #ajg4 ,repeal of uniform rate for books1 films1 and other materials4 ,subtitle ,b--,postal ,service ,management ,sec4 #ajh4 ,,usps balanced budget minimum requirement4 ,sec4 #aji4 ,reporting requirement for ,board of ,governors and ,postal ,regulatory ,commissioners4 ,sec4 #aaj4 ,restrictions on postal service executive compensation4 ,sec4 #aaa4 ,investment of competitive product moneys4 ,title ,,ii--,,postal ,,service ,,workforce ,,realignment ,,and ,,right-,,sizing ,sec4 #bja4 ,separate normal-cost percentage recalculation of ,federal ,employees ,retirement ,system4 ,sec4 #bjb4 ,treatment of surplus contributions to ,federal ,employees ,retirement ,system4 ,sec4 #bjc4 ,sense of ,congress4 ,sec4 #bjd4 ,contributions to ,thrift ,savings ,fund of voluntary separation incentive payments4 ,sec4 #bje4 ,service credit contributions of voluntary separation incentive payments4 ,sec4 #bjf4 ,modification of prepayment schedule relating to ,postal ,service ,retiree ,health ,benefits ,fund4 ,sec4 #bjg4 ,study on ,,usps workforce realignment and right-sizing options4 ,sec4 #bjh4 ,applicability of provisions relating to reductions in force4 ,sec4 #bji4 ,enhanced reporting on facility network initiatives4 ,title ,,iii--,,postal ,,service ,,improvements ,,and ,,regulatory ,,relief ,sec4 #cja4 ,permit appeal rights for closing of postal stations and branches4 ,sec4 #cjb4 ,intra-agency cooperative agreements4 ,sec4 #cjc4 ,grouping of negotiated service agreements4 ,sec4 #cjd4 ,simplification of process for classification of competitive products4 ,sec4 #cje4 ,development of new market-dominant classes of mail4 ,sec4 #cjf4 ,expedited consideration of service changes by ,,prc4 7c7 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #ci1 ,united ,states ,code4 ,i ,,postal ,,service ,,profitability ,,and ,,revenue-,,generating ,,enhancements ,a ,postal ,service ,products and ,pricing #aja4 ,,usps innovation officer and accountability 7a7 ,in general ,chapter #b is amended by adding at the end the following3 #bji4 ,,usps innovation officer and accountability 7a7 ,in general ,there shall be in the ,postal ,service a ,chief ,innovation ,officer selected by the ,postmaster ,general who shall have proven expertise and a record of success in #a or more of the following3 postal and shipping industry1 innovation product research and development1 marketing brand strategy1 emerging communications technology1 or business process management4 ,the ,chief ,innovation ,officer shall manage the ,postal ,service's development and implementation of innovative postal and nonpostal products and services4 7b7 ,duties ,the ,chief ,innovation ,officer shall have as primary duties-- 7#a7 leading the development of innovative nonpostal products and services that will maximize revenue to the ,postal ,service2 7#b7 developing innovative postal products and services1 particularly those that utilize emerging information technologies1 to maximize revenue to the ,postal ,service2 7#c7 monitoring the performance of innovative products and services and revising them as needed to meet changing market trends2 and 7#d7 taking into consideration comments or advisory opinions1 if applicable1 issued by the ,postal ,regulatory ,committee prior to the initial sale of innovative postal or nonpostal products and services4 7c7 ,designation 7#a7 ,deadline ,as soon as practicable after the date of enactment of this section1 but no later than ,january #a1 #bjad1 the ,postmaster ,general shall designate a ,chief ,innovation ,officer4 7#b7 ,condition ,nothing in this section shall be construed to prohibit an individual who holds another office or position in the ,postal ,service from serving as the ,chief ,innovation ,officer under this chapter4 ,however1 upon appointment to the position of the ,chief ,innovation ,officer1 such individual may not1 while serving in such office1 concurrently hold any other office or position in the ,postal ,service4 7d7 ,innovation strategy 7#a7 ,in general ,not later than #ab months after the date on which the ,chief ,innovation ,officer is designated under subsection 7c77#a71 the ,postmaster ,general shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a comprehensive strategy for maximizing revenues through innovative postal and nonpostal products and services4 7#b7 ,matters to be addressed ,at a minimum1 the strategy required by this section shall address-- 7,a7 the specific innovative postal and nonpostal products and services to be developed and offered by the ,postal ,service1 including the nature of the market to be filled by each product and service and the likely date by which each product and service will be introduced2 7,b7 the cost of developing and offering each product or service2 7,c7 the anticipated sales volume of each product and service2 7,d7 the anticipated revenues and profits expected to be generated by each product and service2 7,e7 the likelihood of success of each innovative product and service as well as the risks associated with the development and sale of each innovative product and service2 7,f7 the trends anticipated in market conditions that may affect the success of each product and service over the #e-year period beginning on the date such strategy or update is submitted2 and 7,g7 the metrics that will be utilized to assess the effectiveness of the innovation strategy4 7#c7 ,strategy updates ,on ,january #a1 #bjah1 and every #c years thereafter1 the ,chief ,innovation ,officer shall submit an update to the innovation strategy submitted under paragraph 7#a7 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,postal ,regulatory ,commission4 7e7 ,report on performance 7#a7 ,in general ,the ,postmaster ,general shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,postal ,regulatory ,commission with the ,president's budget submission under section #aaje7;a7 of title #ca a report that details the ,postal ,service's progress in implementing the ,innovation ,strategy4 7#b7 ,matters to be addressed ,at a minimum1 the report required by this section shall address-- 7,a7 the revenue generated by each product and service developed through the ,innovation ,strategy and the costs of developing and offering each such product and service for the most recent fiscal year2 7,b7 the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year2 7,c7 trends in the markets filled by each product and service2 7,d7 products and services identified in the ,innovation ,strategy that are to be discontinued1 the date on which the discontinuance will occur1 and the reasons for the discontinuance2 7,e7 alterations in products and services identified in the ,innovation ,strategy that will be made to meet changing market conditions1 and an explanation of how these alterations will ensure the success of the products and services2 and 7,f7 the performance of the ,innovation ,strategy according to the metrics identified in subsection 7d77#b77;,g74 7f7 ,comptroller general 7#a7 ,in general ,the ,comptroller ,general shall conduct a study on the implementation of the innovation strategy not later than #d years after the date of enactment of this section4 7#b7 ,contents ,at a minimum1 the ,comptroller ,general shall assess the effectiveness of the ,postal ,service in identifying1 developing1 and selling innovative postal and nonpostal products and services4 ,the study shall also include-- 7,a7 an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the ,postal ,service during the period beginning on the date of enactment of this section and ending #d years after such date2 7,b7 the sales volume of each such product and service2 7,c7 the revenues and profits generated by each such product and service2 and 7,d7 the likelihood of continued success of each such product and service4 7#c7 ,submission ,the results of the study required under this subsection shall be submitted to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #b is amended by adding at the end the following3 #bji4 ,,usps innovation officer and accountability4 4 #ajb4 ,authority to offer nonpostal services 7a7 ,specific power ,section #djd7;a7 is amended-- 7#a7 in paragraph 7#g71 by striking and at the end2 7#b7 in paragraph 7#h71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 to provide nonpostal services in accordance with subsection 7e74 4 7b7 ,nonpostal services ,section #djd7;e7 is amended to read as follows3 7e7 7#a7 ,the ,postal ,service may provide nonpostal services that use the processing1 transportation1 delivery1 retail network1 technology1 or other resources of the ,postal ,service in a manner consistent with the public interest4 7#b7 ,at least #ij days before offering new nonpostal services1 the ,postal ,service shall request an advisory opinion from the ,postal ,regulatory ,commission that evaluates the extent to which the provision of such nonpostal services-- 7,a7 would use the processing1 transportation1 delivery1 retail network1 technology1 or other resources of the ,postal ,service2 and 7,b7 would be consistent with the public interest4 7#c7 ,within #de days after receiving the request under paragraph 7#b71 the ,postal ,regulatory ,commission-- 7,a7 shall issue its advisory opinion to the ,postal ,service2 and 7,b7 shall transmit a copy of such opinion1 together with the original request1 to-- 7i7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#d7 ,for purposes of this title1 the term nonpostal services means services and products other than postal services as defined in section #ajb7e71 including-- 7,a7 check-cashing services2 7,b7 new technology and media services2 7,c7 warehousing and logistics2 7,d7 facility leasing2 and 7,e7 public internet access services4 4 #ajc4 ,requirement that market-dominant products cover attributable costs 7a7 ,repeal ,paragraph 7#b7 of section #cfbb7;c7 is repealed4 7b7 ,each class ,to bear attributable costs ,section #cfbb7;d77#a7 is amended-- 7#a7 by redesignating subparagraphs 7,a7 through 7,e7 as subparagraphs 7,b7 through 7,f72 7#b7 by inserting before subparagraph 7,b7 7as so redesignated by paragraph 7#a77 the following3 7,a7 require that each class or type of mail service shall bear the direct and indirect postal costs attributable to such class or type through reliably identified causal relationships plus that portion of all other costs of the ,postal ,service reasonably assignable to such class or type2 2 and 7#c7 in subparagraph 7,b7 7as so redesignated by paragraph 7#a77 by inserting 1 excluding changes required to satisfy subparagraph 7,a71 before to be set4 #ajd4 ,,prc to revisit ,,cpi cap instituted under ,,paea ,section #cfbb is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#ac71 by striking and at the end2 7,b7 by redesignating paragraph 7#ad7 as paragraph 7#ae72 and 7,c7 by inserting after paragraph 7#ac7 the following3 7#ad7 the value to the ,postal ,service of having pricing flexibility that would apply a price cap across all classes of market dominant products in comparison to a class-based price cap2 and 2 and 7#b7 in subsection 7d77#c71 by striking ,ten and inserting ,seven4 #aje4 ,enhanced product innovation 7a7 ,dollar-,amount limitation relating to market tests of experimental products ,section #cfda7;e77#a7 is amended by striking #aj1jjj1jjj and inserting #ej1jjj1jjj4 7b7 ,dollar-,amount limitation relating to exemption authority ,section #cfda7;e77#b7 is amended by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj4 #ajf4 ,authority to ship beer1 wine and distilled spirits 7a7 ,mailability 7#a7 ,nonmailable articles ,section #agaf7;f7 of title #ah1 ,united ,states ,code1 is amended by striking mails and inserting mails1 except to the extent that the mailing is allowable under section #cjja7p7 of title #ci4 7#b7 ,application of laws ,section #aafa of title #ah1 ,united ,states ,code1 is amended1 by inserting 1 and1 with respect to the mailing of distilled spirits1 wine1 or malt beverages 7as those terms are defined in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa771 is in conformity with section #cjja7p7 of title #ci after ,register4 7b7 ,regulations ,section #cjja of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 7#a7 ,in this subsection1 the terms distilled spirits1 wine1 and malt beverage have the same meanings as in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa74 7#b7 ,distilled spirits1 wine1 or malt beverages shall be considered mailable if mailed-- 7,a7 in accordance with the laws and regulations of-- 7i7 the ,state1 territory1 or district of the ,united ,states where the sender or duly authorized agent initiates the mailing2 and 7ii7 the ,state1 territory1 or district of the ,united ,states where the addressee or duly authorized agent takes delivery2 and 7,b7 to an addressee who is at least #ba years of age-- 7i7 who provides a signature and presents a valid1 government-issued photo identification upon delivery2 or 7ii7 the duly authorized agent of whom-- 7,i7 is at least #ba years of age2 and 7,,ii7 provides a signature and presents a valid1 government-issued photo identification upon delivery4 7#c7 ,the ,postal ,service shall prescribe such regulations as may be necessary to carry out this subsection4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the earlier of-- 7#a7 the date on which the ,postal ,service issues regulations under section #cjja7p7 of title #ci1 ,united ,states ,code1 as amended by this section2 or 7#b7 #abj days after the date of enactment of this ,act4 #ajg4 ,repeal of uniform rate for books1 films1 and other materials 7a7 ,in general ,section #cfhc is repealed4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #cf is amended by repealing the item relating to section #cfhc4 ,b ,postal ,service ,management #ajh4 ,,usps balanced budget minimum requirement ,section #djd7;b7 is amended-- 7#a7 by striking 7b7 and inserting 7b77#a72 and 7#b7 by adding at the end the following3 7#b7 ,notwithstanding subparagraphs 7,b7 or 7,e7 of section #cfbb7;d77#a71 within #ahj days after the date of enactment of this paragraph1 the ,governors shall ensure that the rates and fees charged for market dominant products1 and the level and quality of service provided by the ,postal ,service1 shall be adjusted in accordance with current law so that the total revenues received by the ,postal ,service1 in fiscal year #bjad and each subsequent fiscal year1 from all sources are at least equal to the total costs incurred in the provision of postal services1 except that the ,governors shall continue to provide all public services for which appropriations are made to the ,postal ,service under section #bdja4 7#c7 ,after the end of the #b-year period beginning on ,october #a1 #bjac1 for any fiscal year that the ,postal ,service is not in compliance with paragraph 7#b71 the ,governors shall not receive a salary or compensation of any kind for the following fiscal year1 but shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the ,board4 4 #aji4 ,reporting requirement for ,board of ,governors and ,postal ,regulatory ,commissioners 7a7 ,board of ,governors ,section #bjb7;a7 is amended by adding at the end the following3 7#c7 ,not later than #fj days after the end of each fiscal year1 the ,board of ,governors shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each ,governor when performing ,board duties to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,the report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the ,board's travel and reimbursable business travel expense policies and guidelines under paragraph 7#a74 4 7b7 ,administration ,section #ejd7;d7 is amended-- 7#a7 by striking 7d7 and inserting 7d77#a72 and 7#b7 by adding at the end the following3 7#b7 ,not later than #fj days after the end of each fiscal year1 the ,postal ,regulatory ,commissioners shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each ,commissioner1 including the ,chairman1 when performing regulatory duties to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 ,the report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the ,commission's travel and reimbursable business travel expense policies and guidelines4 4 #aaj4 ,restrictions on postal service executive compensation 7a7 ,limitations on compensation ,section #ajjc is amended-- 7#a7 in subsection 7a71 by striking the last sentence2 and 7#b7 by adding at the end the following3 7e7 ,limitations on compensation 7#a7 ,rates of basic pay 7,a7 ,in general ,subject to subparagraph 7,b71 an officer or employee of the ,postal ,service may not be paid at a rate of basic pay that exceeds the rate of basic pay for level ,,ii of the ,executive ,schedule under section #ecac of title #e4 7,b7 ,very senior executives ,not more than #f officers or employees of the ,postal ,service that are in very senior executive positions1 as determined by the ,board of ,governors1 may be paid at a rate of basic pay that does not exceed the rate of basic pay for level ,i of the ,executive ,schedule under section #ecab of title #e4 7#b7 ,benefits ,an officer or employee of the ,postal ,service who is in a critical senior executive or equivalent position1 as designated under section #cfhf7;c71 may not receive fringe benefits 7within the meaning given that term under section #ajje7;f77 that are greater than the fringe benefits received by supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter #ab4 4 7b7 ,limitation on bonus authority ,section #cfhf is amended-- 7#a7 in subsection 7a71 by striking ,the ,postal ,service and inserting ,subject to subsection 7f71 the ,postal ,service2 and 7#b7 by adding at the end the following3 7f7 ,limitation on bonus authority 7#a7 ,determination ,not later than #fj days after the end of fiscal year #bjad and each fiscal year thereafter1 the ,office of ,management and ,budget shall determine whether the ,postal ,service has1 with respect to such fiscal year1 implemented the measures needed to achieve long-term solvency and balanced budgeting1 as required under paragraphs 7#b7 and 7#c7 of section #djd7;b74 ,in order to make such determination1 the ,office of ,management and ,budget shall use the information provided under section #bjji4 7#b7 ,limitation ,the ,postal ,service may not provide a bonus or other reward under this section to an officer or employee of the ,postal service in a critical senior executive or equivalent position1 as designated under subsection 7c71 during a covered year4 7#c7 ,definition ,in this subsection1 the term covered year means the fiscal year following a fiscal year with respect to which the ,office of ,management and ,budget determines under paragraph 7#a7 that the ,postal ,service has not implemented the measures needed to achieve long-term solvency and balanced budgeting1 as required under paragraphs 7#b7 and 7#c7 of section #djd7;b74 4 7c7 ,effective date2 applicability ,the amendments made by subsections 7a7 through 7c7 shall-- 7#a7 take effect on the date of enactment of this ,act2 and 7#b7 apply to any contract entered or modified by the ,postal ,service on or after the date of enactment of this ,act4 7d7 ,sunset ,effective #b years after the date of enactment of this ,act-- 7#a7 section #ajjc is amended-- 7,a7 in subsection 7a71 by adding at the end the following3 ,no officer or employee shall be paid compensation at a rate in excess of the rate for level ,i of the ,executive ,schedule under section #ecab of title #e42 and 7,b7 by striking subsection 7e72 and 7#b7 section #cfhf is amended-- 7,a7 in subsection 7a71 by striking ,subject to subsection 7f71 the ,postal ,service and inserting ,the ,postal ,service2 and 7,b7 by striking subsection 7f74 #aaa4 ,investment of competitive product moneys ,section #bjjc is amended-- 7#a7 by redesignating subsections 7d7 through 7h7 as subsections 7e7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,notwithstanding any other provision of this section1 if the ,postal ,service determines that the moneys of the ,competitive ,products ,fund are in excess of current needs1 it may invest such amounts as it considers appropriate in accordance with regulations which the ,secretary of the ,treasury shall prescribe within #ahj days after the date of enactment of this subsection4 4 ,,ii ,,postal ,,service ,,workforce ,,realignment ,,and ,,right-,,sizing #bja4 ,separate normal-cost percentage recalculation of ,federal ,employees ,retirement ,system 7a7 ,in general ,section #hdbc7;a77#a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking subparagraph 7,b77 and inserting subparagraph 7,b7 or 7,c772 and 7,b7 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the product of-- 7i7 the normal-cost percentage1 as determined for employees of the ,united ,states ,postal ,service 7and the ,postal ,regulatory ,commission71 multiplied by 7ii7 the aggregate amount of basic pay payable by the ,united ,states ,postal ,service 7and the ,postal ,regulatory ,commission71 for the period involved1 to its employees4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall be carried out as soon as practicable1 except that contributions shall be set in accordance with such amendments not later than the first applicable pay period beginning in the first fiscal year beginning at least #ahj days after the date of the enactment of this ,act4 #bjb4 ,treatment of surplus contributions to ,federal ,employees ,retirement ,system 7a7 ,in general ,section #hdbc7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 7,a7 ,if1 for any fiscal year to which this paragraph applies1 the amount determined under paragraph 7#a77;,b7 is less than zero 7hereinafter in this paragraph referred to as excess postal contributions to ,,fers71 such amount shall be treated in accordance with the following3 7i7 ,in the case of the first fiscal year to which this paragraph applies and for which excess postal contributions to ,,fers are determined1 the amount of such excess contributions shall be transferred by the ,secretary of the ,treasury to such account as the ,secretary considers appropriate so that such amount shall be used for the payment of obligations issued by the ,united ,states ,postal ,service under section #bjje of title #ci4 7ii7 ,in the case of any subsequent fiscal year to which this paragraph applies and for which excess postal contributions to ,,fers are determined1 the amount of such excess contributions shall be transferred by the ,secretary of the ,treasury to the account to which are credited any ,government contributions which are made by the ,united ,states ,postal ,service under section #hccd7;a77#a77;,b7 7or which would be made1 but for clause 7ii7 thereof74 7,b7 ,this paragraph applies to the fiscal year last ending before the date of the enactment of this paragraph and each fiscal year thereafter4 7,c7 ,in the case of any transfer under subparagraph 7,a77ii7 for a fiscal year corresponding to a fiscal year for which a determination of ,postal surplus or supplemental liability is scheduled to be made under section #hcdh7;h71 the transfer under subparagraph 7,a77ii7 shall be made before such determination under section #hcdh7;h7 is made4 4 7b7 ,conforming amendment ,section #hcdh7;h77#a77;,b77iii7 of title #e1 ,united ,states ,code1 is amended by striking principles4 and inserting principles1 including any amounts described in section #hdbc7;b77#f77;,a77ii744 #bjc4 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states ,postal ,service should use its available authority as it deems necessary to provide early retirement or separation incentives to eligible ,postal ,service employees4 #bjd4 ,contributions to ,thrift ,savings ,fund of voluntary separation incentive payments 7a7 ,section #hcea7;b77#b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking the matter before subparagraph 7,c7 and inserting the following3 7#b7 7,a7 ,an employee or ,member may contribute to the ,thrift ,savings ,fund in any pay period any amount of such employee's or ,member's basic pay for such pay period4 7,b7 ,an employee may contribute 7by direct transfer to the ,fund7 any part of any voluntary separation incentive payment that the employee receives under section #cebc4 2 and 7#b7 by adding at the end the following3 7,d7 ,notwithstanding section #baje7;e71 in this paragraph1 the term employee includes an employee of the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission4 4 7b7 ,section #hdcb7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as 7#d72 7#b7 by striking the matter before paragraph 7#d7 7as so redesignated by paragraph 7#a77 and inserting the following3 7a7 7#a7 ,an employee or ,member may contribute to the ,thrift ,savings ,fund in any pay period1 pursuant to an election under subsection 7b71 any amount of such employee's or ,member's basic pay for such pay period4 7#b7 ,an employee may contribute 7by direct transfer to the ,fund7 any part of any voluntary separation incentive payment that the employee receives under section #cebc4 7#c7 ,contributions made under paragraph 7#a7 pursuant to an election under subsection 7b7 shall1 with respect to each pay period for which such election remains in effect1 be made in accordance with a program of regular contributions provided in regulations prescribed by the ,executive ,director4 2 and 7#c7 by adding at the end the following3 7#e7 ,notwithstanding section #baje7;e71 in this subsection the term employee includes an employee of the ,united ,states ,postal ,service or of the ,postal ,regulatory ,commission4 4 7c7 ,regulations ,the ,executive ,director of the ,federal ,retirement ,thrift ,investment ,board shall promulgate regulations to carry out the amendments made by this section4 #bje4 ,service credit contributions of voluntary separation incentive payments 7a7 ,voluntary separation incentive payments ,the ,postal ,service may provide voluntary separation incentive payments to employees of the ,postal ,service who voluntarily separate from service before ,october #a1 #bjaf 7including payments to employees who retire under section #hccf7;d77#b7 or #hdad7;b77#a77;,b7 of title #e1 ,united ,states ,code1 before ,october #a1 #bjaf71 which may not exceed the maximum amount provided under section #cebc7;b77#c77;,b7 of title #e1 ,united ,states ,code1 for any employee4 7b7 ,additional service credit 7#a7 ,civil ,service ,retirement ,system ,section #hccb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 7#a7 7,a7 ,for an employee of the ,united ,states ,postal ,service who is covered under this subchapter and voluntarily separates from service before ,october #a1 #bjaf1 the ,office1 if so directed by the ,united ,states ,postal ,service1 shall add not more than #a year to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this subchapter 7except for a disability annuity under section #hccg74 7,b7 ,an employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the ,united ,states ,postal ,service4 7#b7 ,the ,united ,states ,postal ,service shall ensure that the average actuarial present value of the additional liability of the ,united ,states ,postal ,service to the ,fund resulting from additional creditable service provided under paragraph 7#a7 or section #hdaa7m77#a7 is not more than #be1jjj per employee provided additional creditable service under paragraph 7#a7 or section #hdaa7m77#a74 7#c7 7,a7 ,subject to subparagraph 7,b71 and notwithstanding any other provision of law1 no deduction1 deposit1 or contribution shall be required for service credited under this subsection4 7,b7 ,the actuarial present value of the additional liability of the ,united ,states ,postal ,service to the ,fund resulting from this subsection shall be included in the amount calculated under section #hcdh7;h77#a77;,a74 4 7#b7 ,federal ,employees ,retirement ,system ,section #hdaa of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 7#a7 7,a7 ,for an employee of the ,united ,states ,postal ,service who is covered under this chapter and voluntarily separates from service before ,october #a1 #bjaf1 the ,office1 if so directed by the ,united ,states ,postal ,service1 shall add not more than #b years to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this chapter 7except for a disability annuity under subchapter ,v of that chapter74 7,b7 ,an employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the ,united ,states ,postal ,service4 7#b7 ,the ,united ,states ,postal ,service shall ensure that the average actuarial present value of the additional liability of the ,united ,states ,postal ,service to the ,fund resulting from additional creditable service provided under paragraph 7#a7 or section #hccb7p77#a7 is not more than #be1jjj per employee provided additional creditable service under paragraph 7#a7 or section #hccb7p77#a74 7#c7 7,a7 ,subject to subparagraph 7,b71 and notwithstanding any other provision of law1 no deduction1 deposit1 or contribution shall be required for service credited under this subsection4 7,b7 ,the actuarial present value of the additional liability of the ,united ,states ,postal ,service to the ,fund resulting from this subsection shall be included in the amount calculated under section #hdbc7;b77#a77;,b74 4 7c7 ,goals 7#a7 ,in general ,the ,postal ,service shall offer incentives for voluntary separation under this section and the amendments made by this section as a means of ensuring that the size and cost of the workforce of the ,postal ,service is appropriate to the work required of the ,postal ,service1 including consideration of-- 7,a7 the closure and consolidation of postal facilities2 7,b7 the ability to operate existing postal facilities more efficiently1 including by reducing the size or scope of operations of postal facilities in lieu of closing postal facilities2 and 7,c7 the number of employees eligible1 or projected in the near-term to be eligible1 for retirement1 including early retirement4 7#b7 ,definition ,in this subsection1 the term career employee of the ,postal ,service means an employee of the ,postal ,service-- 7,a7 whose appointment is not for a limited period2 and 7,b7 who is eligible for benefits1 including retirement coverage under chapter #hc or #hd of title #e1 ,united ,states ,code4 #bjf4 ,modification of prepayment schedule relating to ,postal ,service ,retiree ,health ,benefits ,fund 7a7 ,contributions ,section #hijf7;g77#b77;,a7 of title #e1 ,united ,states ,code1 is amended by striking through ,september #cj1 #bjaf1 be paid by the ,united ,states ,postal ,service1 and thereafter shall and inserting after the date of enactment of the ,innovate to ,deliver ,act of #bjac4 7b7 ,postal ,service ,retiree ,health ,benefits ,fund ,section #hiji;a7d7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,not later than #ahj days after the date of enactment of the ,innovate to ,deliver ,act of #bjac1 the ,office shall compute1 and by ,june #cj of each succeeding year1 the ,office shall recompute1 a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph 7,b7 7regardless of whether the amount is a liability or surplus7 by ,september #cj1 #bjec1 or within #ae years1 whichever is later1 including interest at the rate used in the computations under this subsection4 7,b7 ,the amount described in this subparagraph is the amount1 as of the date on which the applicable computation or recomputation under subparagraph 7,a7 is made1 that is equal to the difference between-- 7i7 #hj percent of the ,postal ,service actuarial liability as of ,september #cj of the most recently ended fiscal year2 and 7ii7 the value of the assets of the ,postal ,retiree ,health ,benefits ,fund as of ,september #cj of the most recently ended fiscal year4 2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7iii71 by adding and at the end2 7ii7 in clause 7iv71 by striking the semicolon at the end and inserting a period2 and 7iii7 by striking clauses 7v7 through 7x72 and 7,b7 in subparagraph 7,b71 by striking #bjag and inserting #bjaf2 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,computations under this subsection shall be based on-- 7,a7 economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the ,postal surplus or supplemental liability under section #hcdh7;h72 and 7,b7 any other methods and assumptions1 including a health care cost trend rate1 that the ,director of the ,office determines to be appropriate4 2 and 7#d7 by adding at the end the following3 7#g7 ,in this subsection1 the term ,postal ,service actuarial liability means the difference between-- 7,a7 the net present value of future payments required under section #hijf7;g77#b77;,a7 for current and future ,united ,states ,postal ,service annuitants2 and 7,b7 the net present value as computed under paragraph 7#a7 attributable to the future service of ,united ,states ,postal ,service employees4 4 7c7 ,unpaid obligations of the postal service ,any obligation of the ,postal ,service under section #hiji;a7d77#c77;,a7 of title #e1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act1 that remains unpaid as of such date of enactment shall be included in the recomputation requested in section #hiji;a7d77#b7 of such title 7as amended by subsection 7b7 of this section74 7d7 ,technical and conforming amendments 7#a7 ,heading ,the heading of section #hiji;a of title #e1 ,united ,states ,code1 is amended by striking ,benefit and inserting ,benefits4 7#b7 ,table of sections ,the table of sections at the beginning of chapter #hi of such title is amended by striking the item relating to section #hiji;a and inserting the following3 #hiji;a4 ,postal ,service ,retiree ,health ,benefits ,fund4 4 #bjg4 ,study on ,,usps workforce realignment and right-sizing options 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the workforce reduction or realignment methods used by the ,united ,states ,postal ,service to align its workforce with its needs4 7b7 ,contents of the report ,the report required under subsection 7a7 shall include the following3 7#a7 ,the projected workforce needs of the ,postal ,service over the next #e fiscal years1 given the current mail volumes and the demand for ,postal services4 7#b7 ,possible options for allowing ,postal ,service employees who are eligible for voluntary early retirement to deposit voluntary separation incentive payments to obtain service credit or to otherwise allow such payments to be credited in the computation of retirement annuity benefits4 7#c7 ,the terms and conditions for the voluntary separation incentive payments offered under section #bje4 7#d7 ,the number of employees in each job category and in each postal service area to whom the ,postal ,service has offered an incentive for voluntary separation1 the number of offers of incentives for voluntary separation that have been accepted1 the number of offers of incentives for voluntary separation that remain pending1 and the number of employees in each job category and in each postal service area projected to separate from service during each quarter through the end of the first quarter of #bjaf4 7#e7 ,the number of employees in each job category who are covered under chapter #hc or #hd of title #e1 ,united ,states ,code1 and who have accepted offers of incentives for voluntary separation1 including the number of employees covered under each chapter who voluntarily separated under subsection 7a7 of section #bje or the authority under subsection 7b7 of section #bje4 7#f7 ,the total savings and work hour reductions by job category and postal service area that have been realized by the ,postal ,service as of the date of the report and that are projected to be realized during each of the next #c years as a result of the offers of incentives for voluntary separation4 7#g7 ,the total expenditures made by the ,postal ,service to provide incentives for voluntary separation4 7#h7 ,any training1 retraining1 or hiring that may be required by the authority the ,postal ,service is granted under this ,act to develop and offer for sale nonpostal products and services4 #bjh4 ,applicability of provisions relating to reductions in force ,section #ajje is amended by adding at the end the following3 7g7 7#a7 ,except as otherwise provided by any collective bargaining agreement entered into under chapter #ab1 the provisions of subchapter ,i of chapter #ce of title #e and the regulations implementing such subchapter1 shall apply to employees of the ,postal ,service who hold positions that are within bargaining units under section #abjb4 7#b7 ,before using the authority provided in paragraph 7#a71 the ,postal ,service shall demonstrate to the ,office of ,personnel ,management how it will comply with section #cejb7;a77#d7 of title #e4 4 #bji4 ,enhanced reporting on facility network initiatives ,section #djd7;d7 is amended by adding at the end the following3 7#g7 7,a7 ,the ,postmaster ,general shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,postal ,regulatory ,commission a report that details plans to close or suspend a ,postal ,service retail or processing facility during the period to which such report pertains4 ,the first such report shall be submitted not later than #abj days after the date of enactment of this paragraph4 ,reports shall be submitted semiannually thereafter4 7,b7 ,each report submitted by the ,postal ,service under subparagraph 7,a7 shall address1 at a minimum-- 7i7 the specific retail and processing facilities the ,postal ,service plans to suspend or close2 7ii7 the anticipated date of suspension or closure of each such facility2 7iii7 the cost of continued operations at the facilities for which closure is planned2 7iv7 the purpose of each such suspension or closure1 as determined by paragraph 7#b77;,a72 7v7 plans for the establishment of alternative access points for retail facilities listed in clause 7i71 including the date on which each such alternative access point shall open for business and the planned location of each such alternative access point2 7vi7 how each facility closure conforms with previously filed actions for suspension or closure2 7vii7 the timeline for closure or suspension activities described in paragraphs 7#a7 and 7#c71 and all other formal closure or suspension activities planned in connection with the retail facility closure2 7viii7 how work performed at mail processing facilities recommended for closure or consolidation will be transferred or absorbed by other facilities within the network2 7ix7 cost savings expected or achieved from consolidation of both retail and mail processing facilities2 7x7 the impact of each planned closure on postal employees1 including relocation or reassignment plans2 and 7xi7 the status of ongoing suspensions or closures identified in previous reports4 4 ,,iii ,,postal ,,service ,,improvements ,,and ,,regulatory ,,relief #cja4 ,permit appeal rights for closing of postal stations and branches ,section #djd7;d7 is amended by adding after paragraph 7#g7 7as added by section #bjh of this ,act7 the following3 7#h7 ,the provisions of paragraphs 7#a7 through 7#f7 shall apply to postal stations and branches in the same manner as the provisions apply to post offices4 4 #cjb4 ,intra-agency cooperative agreements 7a7 ,in general ,section #daa is amended-- 7#a7 in the section heading1 by inserting 2 authority for intra-service agreement after agencies2 7#b7 by inserting 7a7 before ,executive agencies within2 and 7#c7 by adding at the end the following3 7b7 ,the ,office of the ,inspector ,general of the ,united ,states ,postal ,service and other components of the ,postal ,service may enter into intra-service agreements to furnish to each other property1 both real and personal1 and personal and nonpersonal services4 ,the furnishing of property and services under this section shall be under such terms and conditions1 including reimbursability1 as the head of the component concerned and the ,inspector ,general shall deem necessary4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #d is amended by striking the item relating to section #daa and inserting the following3 #daa4 ,cooperation with other ,government agencies2 authority for intra-service agreement4 4 #cjc4 ,grouping of negotiated service agreements ,section #cfbb7;d77#a7 7as amended by section #ajg7;b7 of this ,act7 is further amended-- 7#a7 in subparagraph 7,e7 7as so redesignated by section #ajg7;b771 by striking and at the end2 7#b7 in subparagraph 7,f7 7as so redesignated by section #ajg7;b771 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,g7 treat similar or related agreements between the ,postal ,service and postal users collectively as a single product for purposes of this section to the extent the ,commission deems such treatment to be consistent with policies of this title4 4 #cjd4 ,simplification of process for classification of competitive products ,section #cfdb7;b7 is amended 7in the matter before paragraph 7#a77 by striking in accordance with and inserting the following3 as expeditiously as practicable4 ,the ,commission shall promptly admit a product into the competitive category if it meets4 #cje4 ,development of new market-dominant classes of mail 7a7 ,section #ajb is amended-- 7#a7 in paragraph 7#i71 by striking and at the end2 7#b7 in paragraph 7#aj71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#aa7 class of mail means a grouping of similar products1 subject to section #cfbb7;d77#b77;,a71 as further defined by the ,postal ,regulatory ,commission4 4 7b7 ,section #cfbb7;d77#b77;,a7 is amended by inserting or under section #cfdc after ,act4 7c7 7#a7 ,subchapter ,,iii of chapter #cf is amended by adding at the end the following3 #cfdc4 ,new classes of mail 7a7 ,in general ,upon request of the ,postal ,service or users of the mails1 or upon its own initiative1 the ,postal ,regulatory ,commission may change the classes of mail to which the annual limitation under section #cfbb7;d77#a7 applies by adding new classes of mail4 ,the ,postal ,regulatory ,commission shall1 within #ah months after the date of enactment of this section1 promulgate 7and may from time to time thereafter revise7 regulations to carry out this section4 7b7 ,criteria ,all determinations by the ,postal ,regulatory ,commission under subsection 7a7 shall be made in accordance with the following criteria3 7#a7 ,new market ,dominant classes of mail shall consist of products in the sale of which the ,postal ,service exercises sufficient market power that it can effectively set the price of such product substantially above costs1 raise prices significantly1 decrease quality1 or decrease output1 without risk of losing a significant level of business to other firms offering similar products4 7#b7 ,products covered by postal monopoly ,any new classes of mail containing any products covered by the postal monopoly shall be subject to the requirements of section #cfbb7;d77#a74 ,for purposes of the preceding sentence1 the term product covered by the postal monopoly means any product the conveyance or transmission of which is reserved to the ,united ,states under section #afif of title #ah1 subject to the same exception as set forth in the last sentence of section #dji7;e77#a74 7#c7 ,additional considerations ,in making any decision under this section1 due regard shall be given to-- 7,a7 the availability and nature of enterprises in the private sector engaged in the delivery of the product involved2 7,b7 the views of those who use the product involved on the appropriateness of the proposed action2 and 7,c7 the likely impact of the proposed action on small business concerns 7within the meaning of section #cfda7;h774 7c7 ,notification and publication requirements 7#a7 ,notification requirement ,the ,postal ,service shall1 whenever it requests to add a new class of mail1 file with the ,postal ,regulatory ,commission and publish in the ,federal ,register a notice setting out the basis for its determination that the product satisfies the criteria under subsection 7b74 ,the provisions of section #ejd7;g7 shall be available with respect to any information required to be filed4 7#b7 ,publication requirement ,the ,postal ,regulatory ,commission shall1 whenever it changes the list of market-dominant classes of mail1 prescribe new lists of classes of mail4 ,the revised lists shall indicate how and when any previous lists are superseded1 and shall be published in the ,federal ,register4 7d7 ,prohibition ,except as provided in section #cfda1 a class of mail that involves the physical delivery of letters1 printed matter1 or packages may be offered by the ,postal ,service unless it has been assigned as a new class of mail-- 7#a7 under this subchapter2 or 7#b7 by or under any other provision of law4 4 7#b7 ,the table of sections at the beginning of chapter #cf is amended by inserting after the item relating to section #cfdb the following3 #cfdc4 ,new classes of mail4 4 #cjf4 ,expedited consideration of service changes by ,,prc ,section #cffa is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,if the ,postal ,service seeks expedited processing for time-sensitive advisory opinions1 it shall state such request in its proposal filed under subsection 7b7 and the ,commission1 to the extent practical and in accordance with subsection 7d71 shall comply with the request for expedited consideration4 4