I 
112TH CONGRESS 
2D SESSION 
H. R. 5790 
To provide for the transfer of the United States Postal Service surplus 
with respect to certain retirement benefits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2012 
Mr. BACA introduced the following bill; which was referred to the Committee 
on Oversight and Government Reform 
A BILL 
To provide for the transfer of the United States Postal 
Service surplus with respect to certain retirement bene-
fits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TRANSFER OF POSTAL SERVICE SURPLUS. 
Section 8423(b) of title 5, United States Code, is 
amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
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‘‘(5)(A) In this paragraph, the term ‘postal funding 
surplus’ means the amount by which the amount com-
puted under paragraph (1)(B) is less than zero. 
‘‘(B)(i) For each of fiscal years 2012, 2013, and 
2014, if the amount computed under paragraph (1)(B) is 
less than zero, the Director shall transfer to the United 
States Postal Service from the Fund an amount equal to 
the postal funding surplus for that fiscal year for use in 
accordance with this paragraph. 
‘‘(ii) The Office shall calculate the amount under 
paragraph (1)(B) for a fiscal year by not later than 90 
days after the end of such fiscal year, and shall transfer 
any postal funding surplus to the United States Postal 
Service within 90 days after such calculation. 
‘‘(C) Any postal funding surplus for a fiscal year shall 
be used by the United States Postal Service as follows: 
‘‘(i) 50 percent of such surplus shall be used to 
repay any obligation issued under section 2005 of 
title 39. 
‘‘(ii) 25 percent of such surplus shall be used 
to make required payments to the Postal Service Re-
tiree Health Benefits Fund established under section 
8909a. 
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‘‘(iii) 25 percent of such surplus shall be used 
to make required payments to the Civil Service Re-
tirement and Disability Fund. 
‘‘(D)(i) With respect to the allocations in subpara-
graph (C)(ii) and(C)(iii), the United States Postal Service 
may adjust the percentage of surplus used for each such 
an allocation as the Postal Service deems necessary, but 
at no time may the Postal Service use an amount greater 
than 50 percent of such surplus for such an allocation. 
‘‘(ii) Nothing in this subparagraph shall be construed 
to grant authority to the Postal Service to change or oth-
erwise modify the allocation required in subparagraph 
(C)(i).’’. 
SEC. 2. HEALTH BENEFITS PROGRAM FOR POSTAL SERV-
ICE EMPLOYEES. 
It is the sense of Congress that, if the United States 
Postal Service is permitted to offer Postal Service employ-
ees health benefits under a program separate from the 
health benefits program for Federal employees under 
chapter 89 of title 5, United States Code, the Postmaster 
General shall work with representatives of Postal Service 
employees in exclusive bargaining units to create and es-
tablish such a program. 
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SEC. 3. AUTHORITY TO PROVIDE NON-POSTAL SERVICES. 
Section 404 of title 39, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (8), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) to provide nonpostal services.’’; and 
(2) by striking subsection (e). 
Æ 
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