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‘‘(A) the Act of July 5, 1946 (commonly referred
to as the ‘Trademark Act of 1946’ (15 U.S.C. 1051
and following)); and
‘‘(B) the provisions of section 5 of the Federal
Trade Commission Act to the extent that such section
5 applies to unfair or deceptive acts or practices.
‘‘(e)(1) To the extent that the Postal Service, or other
Federal agency acting on behalf of or in concert with the
Postal Service, engages in conduct with respect to any prod-
uct which is not reserved to the United States under section
1696 of title 18, the Postal Service or other Federal agency
(as the case may be)—
‘‘(A) shall not be immune under any doctrine of
sovereign immunity from suit in Federal court by
any person for any violation of Federal law by such
agency or any officer or employee thereof; and
‘‘(B) shall be considered to be a person (as de-
fined in subsection (a) of the first section of the Clay-
ton Act) for purposes of—
‘‘(i) the antitrust laws (as defined in such
subsection); and
‘‘(ii) section 5 of the Federal Trade Com-
mission Act to the extent that such section 5 ap-
plies to unfair methods of competition.
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For purposes of the preceding sentence, any private carriage
of mail allowable by virtue of section 601 shall not be con-
sidered a service reserved to the United States under section
1696 of title 18.
‘‘(2) No damages, interest on damages, costs or attor-
ney’s fees may be recovered, and no criminal liability may
be imposed, under the antitrust laws (as so defined) from
any officer or employee of the Postal Service, or other Fed-
eral agency acting on behalf of or in concert with the Postal
Service, acting in an official capacity.
‘‘(3) This subsection shall not apply with respect to
conduct occurring before the date of enactment of this sub-
section.
‘‘(f) To the extent that the Postal Service engages in
conduct with respect to the provision of competitive prod-
ucts, it shall be considered a person for the purposes of the
Federal bankruptcy laws.
‘‘(g)(1) Each building constructed or altered by the
Postal Service shall be constructed or altered, to the max-
imum extent feasible as determined by the Postal Service,
in compliance with 1 of the nationally recognized model
building codes and with other applicable nationally recog-
nized codes. To the extent practicable, model building codes
should meet the voluntary consensus criteria established for
codes and standards as required in the National Technology
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Transfer and Advancement Act of 1995 as defined in Office
of Management and Budget Circular A1190. For purposes
of life safety, the Postal Service shall continue to comply
with the most current edition of the Life Safety Code of
the National Fire Protection Association (NFPA 101).
‘‘(2) Each building constructed or altered by the Postal
Service shall be constructed or altered only after consider-
ation of all requirements (other than procedural require-
ments) of zoning laws, land use laws, and applicable envi-
ronmental laws of a State or subdivision of a State which
would apply to the building if it were not a building con-
structed or altered by an establishment of the Government
of the United States.
‘‘(3) For purposes of meeting the requirements of para-
graphs (1) and (2) with respect to a building, the Postal
Service shall—
‘‘(A) in preparing plans for the building, consult
with appropriate officials of the State or political
subdivision, or both, in which the building will be lo-
cated;
‘‘(B) upon request, submit such plans in a time-
ly manner to such officials for review by such officials
for a reasonable period of time not exceeding 30 days;
and
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‘‘(C) permit inspection by such officials during
construction or alteration of the building, in accord-
ance with the customary schedule of inspections for
construction or alteration of buildings in the locality,
if such officials provide to the Postal Service—
‘‘(i) a copy of such schedule before construc-
tion of the building is begun; and
‘‘(ii) reasonable notice of their intention to
conduct any inspection before conducting such
inspection.
Nothing in this subsection shall impose an obligation
on any State or political subdivision to take any ac-
tion under the preceding sentence, nor shall anything
in this subsection require the Postal Service or any
of its contractors to pay for any action taken by a
State or political subdivision to carry out this sub-
section (including reviewing plans, carrying out on-
site inspections, issuing building permits, and mak-
ing recommendations).
‘‘(4) Appropriate officials of a State or a political sub-
division of a State may make recommendations to the Post-
al Service concerning measures necessary to meet the re-
quirements of paragraphs (1) and (2). Such officials may
also make recommendations to the Postal Service con-
cerning measures which should be taken in the construction
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or alteration of the building to take into account local con-
ditions. The Postal Service shall give due consideration to
any such recommendations.
‘‘(5) In addition to consulting with local and State
officials under paragraph (3), the Postal Service shall estab-
lish procedures for soliciting, assessing, and incorporating
local community input on real property and land use deci-
sions.
‘‘(6) For purposes of this subsection, the term ‘State’
includes the District of Columbia, the Commonwealth of
Puerto Rico, and a territory or possession of the United
States.
‘‘(h)(1) Notwithstanding any other provision of law,
legal representation may not be furnished by the Depart-
ment of Justice to the Postal Service in any action, suit,
or proceeding arising, in whole or in part, under any of
the following:
‘‘(A) Subsection (d) or (e) of this section.
‘‘(B) Subsection (f) or (g) of section 504 (relating
to administrative subpoenas by the Postal Regulatory
Commission).
‘‘(C) Section 3663 (relating to appellate review).
The Postal Service may, by contract or otherwise, employ
attorneys to obtain any legal representation that it is pre-
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cluded from obtaining from the Department of Justice
under this paragraph.
‘‘(2) In any circumstance not covered by paragraph
(1), the Department of Justice shall, under section 411, fur-
nish the Postal Service such legal representation as it may
require, except that, with the prior consent of the Attorney
General, the Postal Service may, in any such circumstance,
employ attorneys by contract or otherwise to conduct litiga-
tion brought by or against the Postal Service or its officers
or employees in matters affecting the Postal Service.
‘‘(3)(A) In any action, suit, or proceeding in a court
of the United States arising in whole or in part under any
of the provisions of law referred to in subparagraph (B)
or (C) of paragraph (1), and to which the Commission is
not otherwise a party, the Commission shall be permitted
to appear as a party on its own motion and as of right.
‘‘(B) The Department of Justice shall, under such
terms and conditions as the Commission and the Attorney
General shall consider appropriate, furnish the Commission
such legal representation as it may require in connection
with any such action, suit, or proceeding, except that, with
the prior consent of the Attorney General, the Commission
may employ attorneys by contract or otherwise for that pur-
pose.
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‘‘(i) A judgment against the Government of the United
States arising out of activities of the Postal Service shall
be paid by the Postal Service out of any funds available
to the Postal Service, subject to the restriction specified in
section 2011(g).’’.
(b) TECHNICAL AMENDMENT.—Section 409(a) of title
39, United States Code, is amended by striking ‘‘Except as
provided in section 3628 of this title,’’ and inserting ‘‘Ex-
cept as otherwise provided in this title,’’.
SEC. 405. INTERNATIONAL POSTAL ARRANGEMENTS.
(a) IN GENERAL.—Section 407 of title 39, United
States Code, is amended to read as follows:
‘‘§ 407. International postal arrangements
‘‘(a) It is the policy of the United States—
‘‘(1) to promote and encourage communications
between peoples by efficient operation of international
postal services and other international delivery serv-
ices for cultural, social, and economic purposes;
‘‘(2) to promote and encourage unrestricted and
undistorted competition in the provision of inter-
national postal services and other international deliv-
ery services, except where provision of such services by
private companies may be prohibited by law of the
United States;
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‘‘(3) to promote and encourage a clear distinc-
tion between governmental and operational respon-
sibilities with respect to the provision of international
postal services; and
‘‘(4) to participate in multilateral and bilateral
agreements with other countries to accomplish these
objectives.
‘‘(b)(1) The Secretary of State shall be responsible for
formulation, coordination, and oversight of foreign policy
related to international postal services and shall have the
power to conclude postal treaties and conventions, except
that the Secretary may not conclude any postal treaty or
convention if such treaty or convention would, with respect
to any competitive product, grant an undue or unreason-
able preference to the Postal Service, a private provider of
international postal services, or any other person.
‘‘(2) In carrying out the responsibilities specified in
paragraph (1), the Secretary of State shall exercise primary
authority for the conduct of foreign policy with respect to
international postal services, including the determination
of United States positions and the conduct of United States
participation in negotiations with foreign governments and
international bodies. In exercising this authority, the
Secretary—
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‘‘(A) shall coordinate with other agencies as ap-
propriate, and in particular, should consider the au-
thority vested by law or Executive order in the Postal
Regulatory Commission, the Department of Com-
merce, the Department of Transportation, and the Of-
fice of the United States Trade Representative in this
area;
‘‘(B) shall maintain continuing liaison with
other executive branch agencies concerned with postal
and delivery services;
‘‘(C) shall maintain continuing liaison with the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Govern-
ment Reform of the House of Representatives;
‘‘(D) shall maintain appropriate liaison with
both representatives of the Postal Service and rep-
resentatives of users and private providers of inter-
national postal services and other international deliv-
ery services to keep informed of their interests and
problems, and to provide such assistance as may be
needed to ensure that matters of concern are promptly
considered by the Department of State or (if applica-
ble, and to the extent practicable) other executive
branch agencies; and
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‘‘(E) shall assist in arranging meetings of such
public sector advisory groups as may be established to
advise the Department of State and other executive
branch agencies in connection with international
postal services and international delivery services.
‘‘(3) The Secretary of State shall establish an advisory
committee (within the meaning of the Federal Advisory
Committee Act) to perform such functions as the Secretary
considers appropriate in connection with carrying out sub-
paragraphs (A) through (D) of paragraph (2).
‘‘(c) Before concluding any postal treaty or convention
that establishes a rate or classification for a product subject
to subchapter I of chapter 36, the Secretary of State shall
request the Postal Regulatory Commission to submit its
views on whether such rate or classification is consistent
with the standards and criteria established by the Commis-
sion under section 3622.
‘‘(d) Nothing in this section shall be considered to pre-
vent the Postal Service from entering into such commercial
or operational contracts related to providing international
postal services as it deems appropriate, except that—
‘‘(1) any such contract made with an agency of
a foreign government (whether under authority of this
subsection or otherwise) shall be solely contractual in
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nature and may not purport to be binding under
international law; and
‘‘(2) a copy of each such contract between the
Postal Service and an agency of a foreign government
shall be transmitted to the Secretary of State and the
Postal Regulatory Commission not later than the ef-
fective date of such contract.
‘‘(e)(1) With respect to shipments of international mail
that are competitive products within the meaning of section
3631 that are exported or imported by the Postal Service,
the Customs Service and other appropriate Federal agencies
shall apply the customs laws of the United States and all
other laws relating to the importation or exportation of such
shipments in the same manner to both shipments by the
Postal Service and similar shipments by private companies.
‘‘(2) In exercising the authority under subsection (b)
to conclude new postal treaties and conventions related to
international postal services and to renegotiate such treaties
and conventions, the Secretary of State shall, to the max-
imum extent practicable, take such measures as are within
the Secretary’s control to encourage the governments of
other countries to make available to the Postal Service and
private companies a range of nondiscriminatory customs
procedures that will fully meet the needs of all types of
American shippers. The Secretary of State shall consult
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with the United States Trade Representative and the Com-
missioner of Customs in carrying out this paragraph.
‘‘(3) The provisions of this subsection shall take effect
6 months after the date of enactment of this subsection or
such earlier date as the Customs Service may determine in
writing.’’.
(b) EFFECTIVE DATE.—Notwithstanding any provi-
sion of the amendment made by subsection (a), the author-
ity of the United States Postal Service to establish the rates
of postage or other charges on mail matter conveyed between
the United States and other countries shall remain avail-
able to the Postal Service until—
(1) with respect to market-dominant products,
the date as of which the regulations promulgated
under section 3622 of title 39, United States Code (as
amended by section 201(a)) take effect; and
(2) with respect to competitive products, the date
as of which the regulations promulgated under section
3633 of title 39, United States Code (as amended by
section 202) take effect.
TITLE V—GENERAL PROVISIONS
SEC. 501. QUALIFICATION AND TERM REQUIREMENTS FOR
GOVERNORS.
(a) QUALIFICATIONS.—
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(1) IN
GENERAL.—Section 202(a) of title 39,
United States Code, is amended by striking ‘‘(a)’’ and
inserting ‘‘(a)(1)’’ and by striking the fourth sentence
and inserting the following: ‘‘The Governors shall rep-
resent the public interest generally, and shall be cho-
sen solely on the basis of their experience in the fields
of public service, law or accounting or on their dem-
onstrated ability in managing organizations or cor-
porations (in either the public or private sector) of
substantial size. The Governors shall not be represent-
atives of specific interests using the Postal Service,
and may be removed only for cause.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall not affect the appointment or ten-
ure of any person serving as a Governor of the United
States Postal Service under an appointment made be-
fore the date of enactment of this Act however, when
any such office becomes vacant, the appointment of
any person to fill that office shall be made in accord-
ance with such amendment. The requirement set forth
in the fourth sentence of section 202(a)(1) of title 39,
United States Code (as amended by subsection (a))
shall be met beginning not later than 9 years after the
date of enactment of this Act.
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(b) CONSULTATION REQUIREMENT.—Section 202(a) of
title 39, United States Code, is amended by adding at the
end the following:
‘‘(2) In selecting the individuals described in para-
graph (1) for nomination for appointment to the position
of Governor, the President should consult with the Speaker
of the House of Representatives, the minority leader of the
House of Representatives, the majority leader of the Senate,
and the minority leader of the Senate.’’.
(c) 7-YEAR TERMS.—
(1) IN
GENERAL.—Section 202(b) of title 39,
United States code, is amended in the first sentence
by striking ‘‘9 years’’ and inserting ‘‘7 years’’.
(2) APPLICABILITY.—
(A) CONTINUATION BY INCUMBENTS.—The
amendment made by paragraph (1) shall not af-
fect the tenure of any person serving as a Gov-
ernor of the United States Postal Service on the
date of enactment of this Act and such person
may continue to serve the remainder of the ap-
plicable term.
(B) VACANCY
BY
INCUMBENT
BEFORE
YEARS OF SERVICE.—If a person who is serving
as a Governor of the United States Postal Serv-
ice on the date of enactment of this Act resigns,
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is removed, or dies before the expiration of the 9-
year term of that Governor, and that Governor
has served less than 5 years of that term, the re-
sulting vacancy in office shall be treated as a va-
cancy in a 5-year term.
(C) VACANCY
BY
INCUMBENT
AFTER
YEARS OF SERVICE.—If a person who is serving
as a Governor of the United States Postal Serv-
ice on the date of enactment of this Act resigns,
is removed, or dies before the expiration of the 9-
year term of that Governor, and that Governor
has served 5 years or more of that term, that
term shall be deemed to have been a 5-year term
beginning on its commencement date for pur-
poses of determining vacancies in office. Any ap-
pointment to the vacant office shall be for a 5-
year term beginning at the end of the original 9-
year term determined without regard to the
deeming under the preceding sentence. Nothing
in this subparagraph shall be construed to affect
any action or authority of any Governor or the
Board of Governors during any portion of a 9-
year term deemed to be 5-year term under this
subparagraph.
(d) TERM LIMITATION.—
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(1) IN
GENERAL.—Section 202(b) of title 39,
United States Code, is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(B) by adding at the end the following:
‘‘(2) No person may serve more than 2 terms as
a Governor.’’.
(2) APPLICABILITY.—The amendments made by
paragraph (1) shall not affect the tenure of any per-
son serving as a Governor of the United States Postal
Service on the date of enactment of this Act with re-
spect to the term which that person is serving on that
date. Such person may continue to serve the remain-
der of the applicable term, after which the amend-
ments made by paragraph (1) shall apply.
SEC. 502. OBLIGATIONS.
(a) PURPOSES FOR WHICH OBLIGATIONS MAY BE
ISSUED.—The first sentence of section 2005(a)(1) of title
39, United States Code, is amended by striking ‘‘title.’’ and
inserting ‘‘title, other than any of the purposes for which
the corresponding authority is available to the Postal Serv-
ice under section 2011.’’.
(b) INCREASE RELATING TO OBLIGATIONS ISSUED FOR
CAPITAL IMPROVEMENTS.—Section 2005(a)(1) of title 39,
United States Code, is amended by striking the third sen-
tence.
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(c) AMOUNTS WHICH MAY BE PLEDGED.—
(1) 
OBLIGATIONS
TO
WHICH
PROVISIONS
APPLY.—The first sentence of section 2005(b) of title
39, United States Code, is amended by striking ‘‘such
obligations,’’ and inserting ‘‘obligations issued by the
Postal Service under this section,’’.
(2) ASSETS, 
REVENUES, 
AND
RECEIPTS
TO
WHICH PROVISIONS APPLY.—Subsection (b) of section
2005 of title 39, United States Code, is amended by
striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’, and by adding
at the end the following:
‘‘(2) Notwithstanding any other provision of this
section—
‘‘(A) the authority to pledge assets of the Postal
Service under this subsection shall be available only
to the extent that such assets are not related to the
provision of competitive products (as determined
under section 2011(h) or, for purposes of any period
before accounting practices and principles under sec-
tion 2011(h) have been established and applied, the
best information available from the Postal Service,
including the audited statements required by section
2008(e)); and
‘‘(B) any authority under this subsection relat-
ing to the pledging or other use of revenues or receipts
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of the Postal Service shall be available only to the ex-
tent that they are not revenues or receipts of the Com-
petitive Products Fund.’’.
SEC. 503. PRIVATE CARRIAGE OF LETTERS.
(a) IN GENERAL.—Section 601 of title 39, United
States Code, is amended by striking subsection (b) and in-
serting the following:
‘‘(b) A letter may also be carried out of the mails
when—
‘‘(1) the amount paid for the private carriage of
the letter is at least the amount equal to 6 times the
rate then currently charged for the 1st ounce of a sin-
gle-piece first class letter;
‘‘(2) the letter weighs at least 121⁄2 ounces; or
‘‘(3) such carriage is within the scope of services
described by regulations of the United States Postal
Service (as in effect on July 1, 2001) that permit pri-
vate carriage by suspension of the operation of this
section (as then in effect).
‘‘(c) Any regulations necessary to carry out this section
shall be promulgated by the Postal Regulatory Commis-
sion.’’.
(b) EFFECTIVE DATE.—This section shall take effect
on the date as of which the regulations promulgated under
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section 3633 of title 39, United States Code (as amended
by section 202) take effect.
SEC. 504. RULEMAKING AUTHORITY.
Paragraph (2) of section 401 of title 39, United States
Code, is amended to read as follows:
‘‘(2) to adopt, amend, and repeal such rules and
regulations, not inconsistent with this title, as may be
necessary in the execution of its functions under this
title and such other functions as may be assigned to
the Postal Service under any provisions of law out-
side of this title;’’.
SEC. 505. NONINTERFERENCE WITH COLLECTIVE BAR-
GAINING AGREEMENTS.
(a) LABOR DISPUTES.—Section 1207 of title 39,
United States Code, is amended to read as follows:
‘‘§ 1207. Labor disputes
‘‘(a) If there is a collective-bargaining agreement in
effect, no party to such agreement shall terminate or modify
such agreement unless the party desiring such termination
or modification serves written notice upon the other party
to the agreement of the proposed termination or modifica-
tion not less than 90 days prior to the expiration date there-
of, or not less than 90 days prior to the time it is proposed
to make such termination or modification. The party serv-
ing such notice shall notify the Federal Mediation and Con-
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ciliation Service of the existence of a dispute within 45 days
after such notice, if no agreement has been reached by that
time.
‘‘(b) If the parties fail to reach agreement or to adopt
a procedure providing for a binding resolution of a dispute
by the expiration date of the agreement in effect, or the date
of the proposed termination or modification, the Director
of the Federal Mediation and Conciliation Service shall
within 10 days appoint a mediator of nationwide reputa-
tion and professional stature, and who is also a member
of the National Academy of Arbitrators. The parties shall
cooperate with the mediator in an effort to reach an agree-
ment and shall meet and negotiate in good faith at such
times and places that the mediator, in consultation with
the parties, shall direct.
‘‘(c)(1) If no agreement is reached within 60 days after
the expiration or termination of the agreement or the date
on which the agreement became subject to modification
under subsection (a) of this section, or if the parties decide
upon arbitration but do not agree upon the procedures
therefore, an arbitration board shall be established con-
sisting of 3 members, 1 of whom shall be selected by the
Postal Service, 1 by the bargaining representative of the
employees, and the third by the 2 thus selected. If either
of the parties fails to select a member, or if the members
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chosen by the parties fail to agree on the third person with-
in 5 days after their first meeting, the selection shall be
made from a list of names provided by the Director. This
list shall consist of not less then 9 names of arbitrators of
nationwide reputation and professional nature, who are
also members of the National Academy of Arbitrators, and
whom the Director has determined are available and will-
ing to serve.
‘‘(2) The arbitration board shall give the parties a full
and fair hearing, including an opportunity to present evi-
dence in support of their claims, and an opportunity to
present their case in person, by counsel or by other rep-
resentative as they may elect. Decisions of the arbitration
board shall be conclusive and binding upon the parties. The
arbitration board shall render its decision within 45 days
after its appointment.
‘‘(3) 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 agree-
ment with the Postal Service, if the parties fail to reach
the agreement within 90 days after the commencement of
collective bargaining, a mediator shall be appointed in ac-
cordance with the terms in subsection (b) of this section,
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unless the parties have previously agreed to another proce-
dure for a binding resolution of their differences. If the par-
ties fail to reach agreement within 180 days after the com-
mencement of collective bargaining, and if they have not
agreed to another procedure for binding resolution, an arbi-
tration board shall be established to provide conclusive and
binding arbitration in accordance with the terms of sub-
section (c) of this section.’’.
(b) NONINTERFERENCE
WITH
COLLECTIVE
BAR-
GAINING AGREEMENTS.—Except as otherwise provided by
the amendment made by subsection (a), nothing in this Act
shall restrict, expand, or otherwise affect any of the rights,
privileges, or benefits of either employees of or labor organi-
zations representing employees of the United States Postal
Service under chapter 12 of title 39, United States Code,
the National Labor Relations Act, any handbook or manual
affecting employee labor relations within the United States
Postal Service, or any collective bargaining agreement.
(c) FREE
MAILING
PRIVILEGES
CONTINUE
UN-
CHANGED.—Nothing in this Act or any amendment made
by this Act shall affect any free mailing privileges accorded
under section 3217 or sections 3403 through 3406 of title
39, United States Code.
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SEC. 506. BONUS AUTHORITY.
Chapter 36 of title 39, United States Code, is amended
by inserting after section 3685 the following:
‘‘§ 3686. Bonus authority
‘‘(a) IN GENERAL.—The Postal Service may establish
1 or more programs to provide bonuses or other rewards
to officers and employees of the Postal Service in senior ex-
ecutive or equivalent positions to achieve the objectives of
this chapter.
‘‘(b) LIMITATION ON TOTAL COMPENSATION.—
‘‘(1) IN GENERAL.—Under any such program,
the Postal Service may award a bonus or other re-
ward in excess of the limitation set forth in the last
sentence of section 1003(a), if such program has been
approved under paragraph (2). Any such award or
bonus may not cause the total compensation of such
officer or employee to exceed the total annual com-
pensation payable to the Vice President under section
104 of title 3 as of the end of the calendar year in
which the bonus or award is paid.
‘‘(2) APPROVAL PROCESS.—If the Postal Service
wishes to have the authority, under any program de-
scribed in subsection (a), to award bonuses or other
rewards in excess of the limitation set forth in the last
sentence of section 1003(a)—
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‘‘(A) the Postal Service shall make an ap-
propriate request to the Board of Governors of
the Postal Service in such form and manner as
the Board requires; and
‘‘(B) the Board of Governors shall approve
any such request if the Board certifies, for the
annual appraisal period involved, that the per-
formance appraisal system for affected officers
and employees of the Postal Service (as designed
and applied) makes meaningful distinctions
based on relative performance.
‘‘(3) REVOCATION AUTHORITY.—If the Board of
Governors of the Postal Service finds that a perform-
ance appraisal system previously approved under
paragraph (2)(B) does not (as designed and applied)
make meaningful distinctions based on relative per-
formance, the Board may revoke or suspend the au-
thority of the Postal Service to continue a program
approved under paragraph (2) until such time as ap-
propriate corrective measures have, in the judgment of
the Board, been taken.
‘‘(c) REPORTING REQUIREMENT RELATING TO BO-
NUSES OR OTHER REWARDS.—Included in its comprehen-
sive statement under section 2401(e) for any period shall
be—
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‘‘(1) the name of each person receiving a bonus
or other reward during such period which would not
have been allowable but for the provisions of sub-
section (b);
‘‘(2) the amount of the bonus or other reward;
and
‘‘(3) the amount by which the limitation referred
to in subsection (b)(1) was exceeded as a result of
such bonus or other reward.’’.
TITLE VI—ENHANCED
REGULATORY COMMISSION
SEC. 601. REORGANIZATION AND MODIFICATION OF CER-
TAIN PROVISIONS RELATING TO THE POSTAL
REGULATORY COMMISSION.
(a) TRANSFER
AND
REDESIGNATION.—Title 39,
United States Code, is amended—
(1) by inserting after chapter 4 the following:
‘‘CHAPTER 5—POSTAL REGULATORY
COMMISSION
‘‘Sec.
‘‘501. Establishment.
‘‘502. Commissioners.
‘‘503. Rules; regulations; procedures.
‘‘504. Administration.
‘‘505. Officer of the Postal Regulatory Commission representing the general pub-
lic.
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‘‘§ 501. Establishment
‘‘The Postal Regulatory Commission is an independent
establishment of the executive branch of the Government of
the United States.
‘‘§ 502. Commissioners
‘‘(a) The Postal Regulatory Commission is composed
of 5 Commissioners, appointed by the President, by and
with the advice and consent of the Senate. The Commis-
sioners shall be chosen solely on the basis of their technical
qualifications, professional standing, and demonstrated ex-
pertise in economics, accounting, law, or public adminis-
tration, and may be removed by the President only for
cause. Each individual appointed to the Commission shall
have the qualifications and expertise necessary to carry out
the enhanced responsibilities accorded Commissioners under
the Postal Accountability and Enhancement Act. Not more
than 3 of the Commissioners may be adherents of the same
political party.
‘‘(b) No Commissioner shall be financially interested
in any enterprise in the private sector of the economy en-
gaged in the delivery of mail matter.
‘‘(c) A Commissioner may continue to serve after the
expiration of his term until his successor has qualified, ex-
cept that a Commissioner may not so continue to serve for
more than 1 year after the date upon which his term other-
wise would expire under subsection (f).
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HR 22 EAS
‘‘(d) One of the Commissioners shall be designated as
Chairman by, and shall serve in the position of Chairman
at the pleasure of, the President.
‘‘(e) The Commissioners shall by majority vote des-
ignate a Vice Chairman of the Commission. The Vice Chair-
man shall act as Chairman of the Commission in the ab-
sence of the Chairman.
‘‘(f) The Commissioners shall serve for terms of 6
years.’’;
(2) by striking, in subchapter I of chapter 36 (as
in effect before the amendment made by section
201(c)), the heading for such subchapter I and all
that follows through section 3602;
(3) by redesignating sections 3603 and 3604 as
sections 503 and 504, respectively, and transferring
such sections to the end of chapter 5 (as inserted by
paragraph (1)); and
(4) by adding after such section 504 the fol-
lowing:
‘‘§ 505. Officer of the Postal Regulatory Commission
representing the general public
‘‘The Postal Regulatory Commission shall designate an
officer of the Postal Regulatory Commission in all public
proceedings who shall represent the interests of the general
public.’’.