| Home > 106th Congressional Bills > S. 2469 (is) To suspend for 3 years the duty on 3-Amino-3-methyl-1-pentyne. [Introduced in Senate] ...
S. 2469 (is) To suspend for 3 years the duty on 3-Amino-3-methyl-1-pentyne. [Introduced in Senate] ...
108th CONGRESS 2d Session S. 2468 To reform the postal laws of the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 20, 2004 Ms. Collins (for herself, Mr. Carper, Mr. Stevens, Mr. Voinovich, Mr. Sununu, Mr. Lieberman, Mr. Akaka, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ A BILL To reform the postal laws of the United States. 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. (a) Short Title.--This Act may be cited as the ``Postal Accountability and Enhancement Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DEFINITIONS; POSTAL SERVICES Sec. 101. Definitions. Sec. 102. Postal services. TITLE II--MODERN RATE REGULATION Sec. 201. Provisions relating to market-dominant products. Sec. 202. Provisions relating to competitive products. Sec. 203. Provisions relating to experimental and new products. Sec. 204. Reporting requirements and related provisions. Sec. 205. Complaints; appellate review and enforcement. Sec. 206. Clerical amendment. TITLE III--MODERN SERVICE STANDARDS Sec. 301. Establishment of modern service standards. Sec. 302. Postal service plan. TITLE IV--PROVISIONS RELATING TO FAIR COMPETITION Sec. 401. Postal Service Competitive Products Fund. Sec. 402. Assumed Federal income tax on competitive products income. Sec. 403. Unfair competition prohibited. Sec. 404. Suits by and against the Postal Service. TITLE V--GENERAL PROVISIONS Sec. 501. Qualification and term requirements for Governors. Sec. 502. Obligations. Sec. 503. Private carriage of letters. Sec. 504. Rulemaking authority. Sec. 505. Noninterference with collective bargaining agreements. TITLE VI--ENHANCED REGULATORY COMMISSION Sec. 601. Reorganization and modification of certain provisions relating to the Postal Regulatory Commission. Sec. 602. Authority for Postal Regulatory Commission to issue subpoenas. Sec. 603. Appropriations for the Postal Regulatory Commission. Sec. 604. Redesignation of the Postal Rate Commission. Sec. 605. Financial transparency. TITLE VII--EVALUATIONS Sec. 701. Assessments of ratemaking, classification, and other provisions. Sec. 702. Report on universal postal service and the postal monopoly. Sec. 703. Study on equal application of laws to competitive products. TITLE VIII--POSTAL SERVICE RETIREMENT AND HEALTH BENEFITS FUNDING Sec. 801. Short title. Sec. 802. Civil Service Retirement System. Sec. 803. Health insurance. Sec. 804. Repeal of disposition of savings provision. Sec. 805. Effective dates. TITLE IX--COMPENSATION FOR WORK INJURIES Sec. 901. Temporary disability; continuation of pay. Sec. 902. Disability retirement for postal employees. TITLE I--DEFINITIONS; POSTAL SERVICES SEC. 101. DEFINITIONS. Section 102 of title 39, United States Code, is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting a semicolon, and by adding at the end the following: ``(5) `postal service' refers to the physical delivery of letters, printed matter, or packages weighing up to 70 pounds, including physical acceptance, collection, sorting, transportation, or other services ancillary thereto; ``(6) `product' means a postal service with a distinct cost or market characteristic for which a rate is applied; ``(7) `rates', as used with respect to products, includes fees for postal services; ``(8) `market-dominant product' or `product in the market- dominant category of mail' means a product subject to subchapter I of chapter 36; ``(9) `competitive product' or `product in the competitive category of mail' means a product subject to subchapter II of chapter 36; and ``(10) `year', as used in chapter 36 (other than subchapters I and VI thereof), means a fiscal year.''. SEC. 102. POSTAL SERVICES. (a) In General.--Section 404 of title 39, United States Code, is amended-- (1) in subsection (a), by striking paragraph (6) and by redesignating paragraphs (7) through (9) as paragraphs (6) through (8), respectively; and (2) by adding at the end the following: ``(c) Nothing in this title shall be considered to permit or require that the Postal Service provide any special nonpostal or similar services.''. (b) Conforming Amendments.--(1) Section 1402(b)(1)(B)(ii) of the Victims of Crime Act of 1984 (98 Stat. 2170; 42 U.S.C. 10601(b)(1)(B)(ii)) is amended by striking ``404(a)(8)'' and inserting ``404(a)(7)''. (2) Section 2003(b)(1) of title 39, United States Code, is amended by striking ``and nonpostal''. TITLE II--MODERN RATE REGULATION SEC. 201. PROVISIONS RELATING TO MARKET-DOMINANT PRODUCTS. (a) In General.--Chapter 36 of title 39, United States Code, is amended by striking sections 3621, 3622, and 3623 and inserting the following: ``Sec. 3621. Applicability; definitions ``(a) Applicability.--This subchapter shall apply with respect to-- ``(1) first-class mail letters; ``(2) first-class mail cards; ``(3) periodicals; ``(4) standard mail; ``(5) single-piece parcel post; ``(6) media mail; ``(7) bound printed matter; ``(8) library mail; ``(9) special services; and ``(10) single-piece international mail, subject to any changes the Postal Regulatory Commission may make under section 3642. ``(b) Rule of Construction.--Mail matter referred to in subsection (a) shall, for purposes of this subchapter, be considered to have the meaning given to such mail matter under the mail classification schedule. ``Sec. 3622. Modern rate regulation ``(a) Authority Generally.--The Postal Regulatory Commission shall, within 12 months after the date of the enactment of this section, by regulation establish (and may from time to time thereafter by regulation revise) a modern system for regulating rates and classes for market-dominant products. ``(b) Objectives.--Such system shall be designed to achieve the following objectives: ``(1) To reduce the administrative burden and increase the transparency of the ratemaking process. ``(2) To create predictability and stability in rates. ``(3) To maximize incentives to reduce costs and increase efficiency. ``(4) To enhance mail security and deter terrorism by promoting secure, sender-identified mail. ``(5) To allow the Postal Service pricing flexibility, including the ability to use pricing to promote intelligent mail and encourage increased mail volume during nonpeak periods. ``(6) To assure adequate revenues, including retained earnings, to maintain financial stability and meet the service standards established under section 3691. ``(7) To allocate the total institutional costs of the Postal Service equitably between market-dominant and competitive products. ``(c) Factors.--In establishing or revising such system, the Postal Regulatory Commission shall take into account-- ``(1) the establishment and maintenance of a fair and equitable schedule for rates and classification system; ``(2) the value of the mail service actually provided each class or type of mail service to both the sender and the recipient, including but not limited to the collection, mode of transportation, and priority of delivery; ``(3) the direct and indirect postal costs attributable to each class or type of mail service plus that portion of all other costs of the Postal Service reasonably assignable to such class or type; ``(4) the effect of rate increases upon the general public, business mail users, and enterprises in the private sector of the economy engaged in the delivery of mail matter other than letters; ``(5) the available alternative means of sending and receiving letters and other mail matter at reasonable costs; ``(6) the degree of preparation of mail for delivery into the postal system performed by the mailer and its effect upon reducing costs to the Postal Service; ``(7) simplicity of structure for the entire schedule and simple, identifiable relationships between the rates or fees charged the various classes of mail for postal services; ``(8) the relative value to the people of the kinds of mail matter entered into the postal system and the desirability and justification for special classifications and services of mail; ``(9) the importance of providing classifications with extremely high degrees of reliability and speed of delivery and of providing those that do not require high degrees of reliability and speed of delivery; ``(10) the desirability of special classifications from the point of view of both the user and of the Postal Service; ``(11) the educational, cultural, scientific, and informational value to the recipient of mail matter; and ``(12) the policies of this title as well as such other factors as the Commission deems appropriate. ``(d) Requirements.--The system for regulating rates and classes for market-dominant products shall-- ``(1) require the Postal Rate Commission to set annual limitations on the percentage changes in rates based on inflation using indices, such as the Consumer Price Index, the Employment Cost Index, the Gross Domestic Product Price Index, or any similar measure as the Postal Rate Commission may prescribe; ``(2) establish a schedule whereby rates, when necessary and appropriate, would increase at regular intervals by predictable amounts; ``(3) not later than 45 days before the implementation of any adjustment in rates under this section-- ``(A) require the Postal Service to provide public notice of the adjustment; ``(B) provide an opportunity for review by the Postal Rate Commission; ``(C) provide for the Postal Rate Commission to notify the Postal Service of any noncompliance of the adjustment with the limitation under paragraph (1); and ``(D) require the Postal Service to respond to the notice provided under subparagraph (C) and describe the actions to be taken to comply with the limitation under paragraph (1); ``(4) notwithstanding any limitation set under paragraphs (1) and (3), establish procedures whereby rates may be adjusted on an expedited basis due to unexpected and extraordinary circumstances. ``(e) Workshare Discounts.-- ``(1) Definition.--In this subsection, the term `workshare discount' refers to rate discounts provided to mailers for the presorting, prebarcoding, handling, or transportation of mail, as further defined by the Postal Regulatory Commission under subsection (a). ``(2) Regulations.--As part of the regulations established under subsection (a), the Postal Regulatory Commission shall establish rules for workshare discounts that ensure that such discounts do not exceed the cost that the Postal Service avoids as a result of workshare activity, unless-- ``(A) the discount is-- ``(i) associated with a new postal service or with a change to an existing postal service; and ``(ii) necessary to induce mailer behavior that furthers the economically efficient operation of the Postal Service; ``(B) a reduction in the discount would-- ``(i) lead to a loss of volume in the affected category of mail and reduce the aggregate contribution to institutional costs of the Postal Service from the mail matter subject to the discount below what it otherwise would have been if the discount had not been reduced to costs avoided; ``(ii) result in a further increase in the rates paid by mailers not able to take advantage of the discount; or ``(iii) impede the efficient operation of the Postal Service; ``(C) the amount of the discount above costs avoided-- ``(i) is necessary to mitigate rate shock; and ``(ii) will be phased out over time; ``(D) the workshare discount is provided in connection with subclasses of mail consisting exclusively of mail matter of educational, cultural, or scientific value; or ``(E) the Postal Regulatory Commission determines
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