 HR 6074 ENR: Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Sixteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 6074

AN ACT
Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

1.Short titleThis Act may be cited as the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. 2.ReferencesExcept as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division.
ACoronavirus Preparedness and Response Supplemental Appropriations Act, 2020
 The following sums are hereby are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely: IDepartment of Health and Human ServicesFood and Drug AdministrationSalaries and ExpensesFor an additional amount for Salaries and Expenses, $61,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary medical countermeasures and vaccines, advanced manufacturing for medical products, the monitoring of medical product supply chains, and related administrative activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
IISmall Business AdministrationDisaster Loans Program Account(Including Transfers of Funds)For an additional amount for the Disaster Loans Program Account for administrative expenses to carry out the disaster loan program authorized by section 7(b) of the Small Business Act, $20,000,000, to remain available until expended: Provided, That such amounts may be transferred to and merged with “Small Business Administration—Salaries and Expenses”: Provided further, That for purposes of section 7(b)(2)(D) of the Small Business Act, coronavirus shall be deemed to be a disaster and amounts available under Disaster Loans Program Account for the cost of direct loans in any fiscal year may be used to make economic injury disaster loans under such section in response to the coronavirus: Provided further, That none of the funds provided under this heading in this Act may be used for indirect administrative expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
IIIDepartment of Health and Human ServicesCenters for Disease Control and PreventionCDC–Wide Activities and Program Support(Including Transfer of Funds)For an additional amount for CDC–Wide Activities and Program Support, $2,200,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That not less than $950,000,000 of the amount provided shall be for grants to or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities: Provided further, That $475,000,000 of the funds made available in the preceding proviso shall be allocated within 30 days of the date of enactment of this Act: Provided further, That every grantee that received a Public Health Emergency Preparedness grant for fiscal year 2019 shall receive not less than 90 percent of that grant level from funds provided in the first proviso under this heading in this Act, and not less than $40,000,000 of such funds shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes: Provided further, That the Director of the Centers for Disease Control and Prevention (CDC) may satisfy the funding thresholds outlined in the preceding two provisos by making awards through other grant or cooperative agreement mechanisms: Provided further, That each grantee described in the third proviso under this heading in this Act shall submit a spend plan to the CDC not later than 45 days after the date of enactment of this Act: Provided further, That of the amount provided under this heading in this Act, not less than $300,000,000 shall be for global disease detection and emergency response: Provided further, That of the amount provided under this heading in this Act, $300,000,000 shall be transferred to and merged with amounts in the Infectious Diseases Rapid Response Reserve Fund (“Reserve Fund”), established by section 231 of division B of Public Law 115–245: Provided further, That the Secretary of Health and Human Services, in consultation with the Director of the CDC, shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate every 14 days, for one year from the date from any such declaration or determination described in the third proviso of section 231 of division B of Public Law 115–245, that details commitment and obligation information for the Reserve Fund during the prior two weeks, as long as such report would detail obligations in excess of $5,000,000, and upon the request by such Committees: Provided further, That funds appropriated under this heading in this Act may be used for grants for the construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level: Provided further, That funds may be used for purchase and insurance of official motor vehicles in foreign countries: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.National Institutes of HealthNational Institute of Allergy and Infectious Diseases(Including Transfer of Funds)For an additional amount for National Institute of Allergy and Infectious Diseases, $836,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That of the amount appropriated under this heading in this Act, not less than $10,000,000 shall be transferred to National Institute of Environmental Health Sciences for worker-based training to prevent and reduce exposure of hospital employees, emergency first responders, and other workers who are at risk of exposure to coronavirus through their work duties: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.Office of the SecretaryPublic Health and Social Services Emergency Fund(Including Transfer of Funds)For an additional amount for Public Health and Social Services Emergency Fund, $3,100,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based technologies with U.S.-based manufacturing capabilities, and the purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, medical surge capacity, and related administrative activities: Provided, That such funds may be used to develop and demonstrate innovations and enhancements to manufacturing platforms to support such capabilities: Provided further, That the Secretary of Health and Human Services shall purchase vaccines developed using funds made available under this heading in this Act to respond to an outbreak or pandemic related to coronavirus in quantities determined by the Secretary to be adequate to address the public health need: Provided further, That products purchased by the Federal government with funds made available under this heading, including vaccines, therapeutics, and diagnostics, shall be purchased in accordance with Federal Acquisition Regulation guidance on fair and reasonable pricing: Provided further, That the Secretary may take such measures authorized under current law to ensure that vaccines, therapeutics, and diagnostics developed from funds provided in this Act will be affordable in the commercial market: Provided further, That in carrying out the previous proviso, the Secretary shall not take actions that delay the development of such products: Provided further, That products purchased with funds appropriated in this paragraph may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act: Provided further, That funds appropriated under this heading in this Act may be transferred to, and merged with, the fund authorized by section 319F–4, the Covered Countermeasure Process Fund, of the Public Health Service Act: Provided further, That funds appropriated under this heading in this Act may be used for grants for the construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level: Provided further, That funds appropriated under this heading in this Act may be used for the construction, alteration, or renovation of non-Federally owned facilities for the production of vaccines, therapeutics, and diagnostics where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be transferred to Health Resources and Services Administration—Primary Health Care for grants under the Health Centers Program, as defined by section 330 of the Public Health Service Act, to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.For an additional amount for Public Health and Social Services Emergency Fund, $300,000,000, to remain available until September 30, 2024, for products purchased as described in the first paragraph under this heading, including the purchase of vaccines, therapeutics, and diagnostics, and under the same terms and conditions as the amounts made available in the first paragraph under this heading in this Act: Provided, That the amount made available in this paragraph shall only be made available if the Secretary of Health and Human Services certifies to the Committees on Appropriations of the House of Representatives and the Senate that the funds made available in the first paragraph under this heading in this Act allotted for such purchase of such products will be obligated imminently and that additional funds are necessary to purchase vaccines, therapeutics, or diagnostics in quantities determined by the Secretary to be adequate help to address the public health need: Provided further, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of such certification: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.General Provisions—This Title(Including Transfer of Funds)
301.
(a)Funds appropriated in this title may be made available to restore amounts, either directly or through reimbursement, for obligations incurred by agencies of the Department of Health and Human Services to prevent, prepare for, and respond to coronavirus, domestically or internationally, prior to the date of enactment of this Act. This subsection shall not apply to obligations incurred by the Infectious Diseases Rapid Response Reserve Fund. (b)Grants or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, under this title, to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities to prevent, prepare for, and respond to coronavirus shall include amounts to reimburse costs for these purposes incurred between January 20, 2020, and the date of enactment of this Act.
(c)If any funds have been reprogrammed or transferred from an appropriation, as described in the notification submitted by the Secretary of Health and Human Services to the Committees on Appropriations of the House of Representatives and the Senate on February 2, 2020, prior to the date of enactment of this Act, such amounts shall be reprogrammed or transferred back to that appropriation within 45 days of the date of enactment of this Act. 302.Funds appropriated by this title may be used by the Secretary of the Health and Human Services to appoint, without regard to the provisions of sections 3309 through 3319 of title 5 of the United States Code, candidates needed for positions to perform critical work relating to coronavirus for which—
(1)public notice has been given; and  (2)the Secretary has determined that such a public health threat exists.
303.Funds made available by this title may be used to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) to support the prevention of, preparation for, or response to coronavirus, domestically and internationally, subject to prior notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2024.
304.Funds appropriated by this title may be transferred to, and merged with, other appropriation accounts under the headings Centers for Disease Control and Prevention, Public Health and Social Services Emergency Fund, and National Institutes of Health to prevent, prepare for, and respond to coronavirus, domestically or internationally, following consultation with the Office of Management and Budget: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified 10 days in advance of any such transfer: Provided further, That upon a determination that all or part of the funds transferred from an appropriation by this title are not necessary, such amounts may be transferred back to that appropriation: Provided further, That none of the funds made available by this title may be transferred pursuant to the authority in section 205 of division A of Public Law 116–94 or section 241(a) of the Public Health Service Act.
305.Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a detailed spend plan of anticipated uses of funds made available to the Department of Health and Human Services in this Act, including estimated personnel and administrative costs, to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such plan shall be updated and submitted to such Committees every 60 days until September 30, 2024: Provided further, That the spend plans shall be accompanied by a listing of each contract obligation incurred that exceeds $5,000,000 which has not previously been reported, including the amount of each such obligation.
306.Of the funds appropriated by this title under the heading Public Health and Social Services Emergency Fund, up to $2,000,000 shall be transferred to, and merged with, funds made available under the heading Office of the Secretary, Office of Inspector General, and shall remain available until expended, for oversight of activities supported with funds appropriated to the Department of Health and Human Services in titles I and III: Provided, That the Inspector General of the Department of Health and Human Services shall consult with the Committees on Appropriations of the House of Representatives and the Senate prior to obligating such funds: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority provided by law.
IVdepartment of stateadministration of foreign affairsdiplomatic programsFor an additional amount for Diplomatic Programs, $264,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus, including for maintaining consular operations, reimbursement of evacuation expenses, and emergency preparedness: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.united states agency for international developmentfunds appropriated to the presidentoffice of inspector generalFor an additional amount for Office of Inspector General, $1,000,000, to remain available until September 30, 2022, for oversight of activities funded by this title and administered by the United States Agency for International Development: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.bilateral economic assistancefunds appropriated to the presidentglobal health programsFor an additional amount for Global Health Programs, $435,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such funds shall be administered by the Administrator of the United States Agency for International Development: Provided further, That of the funds appropriated under this heading in this Act, not less than $200,000,000 shall be transferred to, and merged with, funds made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31): Provided further, That funds made available pursuant to the previous proviso shall be made available under the terms and conditions of such section, as amended: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.international disaster assistanceFor an additional amount for International Disaster Assistance, $300,000,000, to remain available until expended, for necessary expenses to prevent, prepare for, and respond to coronavirus: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.economic support fundFor an additional amount for Economic Support Fund, $250,000,000, to remain available until September 30, 2022, for necessary expenses to prevent, prepare for, and respond to coronavirus, including to address related economic, security, and stabilization requirements: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.general provisions—this title(including transfer of funds)
401.Funds appropriated by this title shall only be made available for obligation subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the requirement of this section shall not apply to funds appropriated by this title under the heading International Disaster Assistance.
402.
(a)Funds appropriated by this title under the heading Diplomatic Programs may be transferred to, and merged with, funds available under the Consular and Border Security Programs account to maintain consular operations impacted by coronavirus. (b)Of the funds appropriated by this title under the heading Economic Support Fund, up to $7,000,000 may be transferred to, and merged with, funds appropriated under the heading Operating Expenses in Acts making appropriations for the Department of State, foreign operations, and related programs to prevent, prepare for, and respond to coronavirus.
(c)Funds appropriated by this title under the headings Global Health Programs, International Disaster Assistance, and Economic Support Fund may be transferred to, and merged with, funds appropriated by this title under such headings to prevent, prepare for, and respond to coronavirus. (d)The transfer authorities of this section are in addition to any other transfer authority provided by law.
(e)Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations. (f)No funds shall be transferred pursuant to this section unless at least 5 days prior to making such transfer the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the details of any such transfer.
403.Paragraph (6)(B) under the heading Administration of Foreign Affairs, Diplomatic Programs of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) is amended by striking , not to exceed $10,000,000 and inserting in lieu thereof for Worldwide Security Protection, not to exceed $100,000,000 and by adding the following before the period at the end: : Provided, That no amounts may be transferred from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That the exercise of the authority provided by such paragraph shall be subject to prior consultation with the Committees on Appropriations of the House of Representatives and the Senate.
404.Funds appropriated by this title under the headings Global Health Programs and Economic Support Fund may be made available as contributions to international organizations to prevent, prepare for, and respond to coronavirus, following consultation with the Committees on Appropriations of the House of Representatives and the Senate.  405.Funds appropriated by this title under the headings Diplomatic Programs, Global Health Programs, International Disaster Assistance, and Economic Support Fund may be used to reimburse accounts administered by the Department of State and the United States Agency for International Development for obligations incurred to prevent, prepare for, and respond to coronavirus prior to the date of enactment of this Act: Provided, That this section shall not apply to obligations incurred by the Emergency Reserve Fund, established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31).
406.
(a)StrategyNot later than 15 days after the date of enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development, following consultation with the heads of other relevant Federal agencies, shall jointly submit to the Committees on Appropriations of the House of Representatives and the Senate a strategy to prevent, prepare for, and respond to coronavirus abroad. (b)Reporting requirementNot later than 30 days after enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall jointly submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the proposed uses of funds appropriated by this title on a country and project basis: Provided, That such report shall be updated and submitted to such Committees every 60 days thereafter until September 30, 2022, and every 180 days thereafter until all funds have been expended, and shall include information detailing how estimates and assumptions contained in previous reports have changed, including obligations and expenditures on a country and project basis.
VGeneral Provisions—This Act
501.Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 502.No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
503.Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. 504. (a)Subject to subsection (b), and notwithstanding any other provision of law, funds made available in this Act, or transferred pursuant to authorization granted in this Act, may only be used to prevent, prepare for, and respond to coronavirus.
(b)Subsection (a) shall not apply to section 301(c) of this Act, or to reimbursements made pursuant to authority in this Act, or to funds made available in this Act for the Emergency Reserve Fund, established pursuant to section 7058(c)(1) of division J of Public Law 115–31, or to funds made available in this Act for the Infectious Diseases Rapid Response Reserve Fund, established pursuant to section 231 of division B of Public Law 115–245. 505.Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall consult with the Committees on Appropriations of the House of Representatives and the Senate on oversight of activities supported with funds appropriated by this Act.
506.In this Act, the term coronavirus means SARS–CoV–2 or another coronavirus with pandemic potential. 507.Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.
508.Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation. This division may be cited as the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020.
BTelehealth Services During Certain Emergency Periods
101.Short titleThis division may be cited as the Telehealth Services During Certain Emergency Periods Act of 2020.  102.Secretarial authority to temporarily waive or modify application of certain Medicare requirements with respect to telehealth services furnished during certain emergency periods (a)In general (1)Waiver authorityThe first sentence of section 1135(b) of the Social Security Act (42 U.S.C. 1320b–5(b)) is amended—
(A)in paragraph (6), by striking and at the end; (B)in paragraph (7), by striking the period at the end and inserting ; and; and
(C)by inserting after paragraph (7) the following new paragraph:  (8)in the case of a telehealth service (as defined in paragraph (4)(F) of section 1834(m)) furnished in any emergency area (or portion of such an area) during any portion of any emergency period to an individual by a qualified provider (as defined in subsection (g)(3))—
(A)the requirements of paragraph (4)(C) of such section, except that a facility fee under paragraph (2)(B)(i) of such section may only be paid to an originating site that is a site described in any of subclauses (I) through (IX) of paragraph (4)(C)(ii) of such section; and (B)the restriction on use of a telephone described in the second sentence of section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation), but only if such telephone has audio and video capabilities that are used for two-way, real-time interactive communication..
(2)Definition of qualified providerSection 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) is amended by adding at the end the following new paragraph:  (3)Qualified providerThe term qualified provider means, with respect a telehealth service (as defined in paragraph (4)(F) of section 1834(m)) furnished to an individual, a physician or practitioner (as defined in paragraph (4)(D) or (4)(E), respectively, of such section) who—
(A)furnished to such individual an item or service for which payment was made under title XVIII during the 3-year period ending on the date such telehealth service was furnished; or (B)is in the same practice (as determined by tax identification number) of a physician or practitioner (as so defined) who furnished such an item or service to such individual during such period..
(3)ImplementationThe Secretary of Health and Human Services may implement the amendments made by this subsection by program instruction or otherwise. (b)Clarification of definitions of emergency area and emergency periodParagraph (1) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) is amended to read as follows:

(1)Emergency area; emergency period
(A)In generalSubject to subparagraph (B), an emergency area is a geographical area in which, and an emergency period is the period during which, there exists— (i)an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and
(ii)a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. (B)ExceptionFor purposes of subsection (b)(8), an emergency area is a geographical area in which, and an emergency period is the period during which, there exists—
(i)the public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus; and (ii)any renewal of such declaration pursuant to such section 319..
103.Budgetary effects
(a)Statutory PAYGO scorecardsThe budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b)Senate PAYGO scorecardsThe budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c)Classification of budgetary effectsNotwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated— (1)for purposes of section 251 of such Act; and
(2)for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.  Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 4561 IH: Rural Veterans Health Care Improvement Act of 2014
U.S. House of Representatives
2014-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4561
		IN THE HOUSE OF REPRESENTATIVES

			May 1, 2014
			Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To specify requirements for the next update of the current strategic plan for the Office of Rural
			 Health of the Department of Veterans Affairs for improving access to, and
			 the quality of, health care services for veterans in rural areas.

		1.Short titleThis Act may be cited as the Rural Veterans Health Care Improvement Act of 2014.
		2.Requirements in connection with next update of current strategic plan for Office of Rural Health of
			 the Department of Veterans Affairs
			(a)Requirements
				(1)In generalThe first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of
			 Rural Health of the Department of Veterans Affairs after the date of the
			 enactment of this Act, whether an update or refresh of such Strategic Plan
			 Refresh or a strategic plan to supersede such Strategic Plan Refresh,
			 shall be prepared in accordance with this section.
				(2)ConsultationThe Director of the Office of Rural Health shall prepare the update in consultation with the
			 following:
					(A)The Director of the Health Care Retention and Recruitment Office of the Department.
					(B)The Director of the Office of Quality and Performance of the Department.
					(C)The Director of the Office of Care Coordination Services of the Department.
					(b)ElementsThe update described in subsection (a) shall include, for the period covered by the update, the
			 following:
				(1)Goals and objectives for the recruitment and retention by the Veterans Health Administration of
			 health care personnel in rural areas.
				(2)Goals and objectives for ensuring timeliness and improving quality in the delivery of health care
			 services by the Veterans Health Administration in rural areas through
			 contract and fee-basis providers.
				(3)Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services
			 by the Veterans Health Administration in rural areas, including through
			 coordination with other appropriate offices of the Department.
				(4)Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the
			 Veterans Health Administration for the provision of health care services
			 in rural areas, including goals and objectives for the use of such clinics
			 on a fully mobile basis and for encouraging health care providers who
			 provide services through such clinics to do so in rural areas.
				(5)Procedures for soliciting from each Veterans Health Administration facility that serves a rural
			 area the following:
					(A)A statement of the clinical capacity of such facility.
					(B)The procedures of such facility in the event of a medical, surgical, or mental health emergency
			 outside the scope of the clinical capacity of such facility.
					(C)The procedures and mechanisms of such facility for the provision and coordination of health care
			 for women veterans, including procedures and mechanisms for coordination
			 with local hospitals and health care facilities, oversight of primary care
			 and fee-basis care, and management of specialty care.
					(6)Goals and objectives for the modification of the funding allocation mechanisms of the Office of
			 Rural Health in order to ensure that the Office distributes funds to
			 components of the Department to best achieve the goals and objectives of
			 the Office and in a timely manner.
				(7)Goals and objectives for the coordination of, and sharing of resources with respect to, the
			 provision of health care services to veterans in rural areas between the
			 Department of Veterans Affairs, the Department of Defense, the Indian
			 Health Service of the Department of Health and Human Services, and other
			 Federal agencies, as appropriate and prudent.
				(8)Specific milestones for the achievement of the goals and objectives developed for the update.
				(9)Procedures for ensuring the effective implementation of the update.
				(c)Transmittal to CongressNot later than 90 days after the date of the issuance of the update described in subsection (a),
			 the Secretary of Veterans Affairs shall transmit the update to Congress,
			 together with such comments and recommendations in connection with the
			 update as the Secretary considers appropriate.


		I
		112th CONGRESS
		2d Session
		H. R. 5298
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Roe of Tennessee
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on petroleum resins,
		  coumarone, indene or coumarone-indene resins; polyterpenes.

		1.petroleum resins, coumarone,
			 indene or coumarone-indene resins; polyterpenes
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Petroleum resins, coumarone, indene or coumarone-indene resins;
						polyterpenes (provided for in subheading 3911.10.00) FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


115 S1197 IS: Quantum for Universal Advancement in Nationwide Technology Use and Modernization for National Security Act of 2021
U.S. Senate
2021-04-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1197IN THE SENATE OF THE UNITED STATESApril 15, 2021Ms. Hassan (for herself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to apply public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research, to increase coordination across agencies and emphasize opportunities in the Department for quantum information sciences and technology research, and for other purposes.1.Short titleThis Act may be cited as the Quantum for Universal Advancement in Nationwide Technology Use and Modernization for National Security Act of 2021 or the QUANTUM for National Security Act of 2021.2.Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research(a)Quantum science and technology research as a modernization prioritySection 1102(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by inserting , including quantum science and technology research after modernization priorities of the Department of Defense.(b)Establishment of public-Private exchange programsIn carrying out section 1599g of title 10, United States Code, the Secretary of Defense shall seek to achieve, in the Army, Navy, and Marine Corps, the establishment of public-private exchange programs, comparable to the Air Force Education with Industry Program, each with up to 10 program participants, focused on private sector entities working on quantum information sciences and technology research applications.(c)Establishment of program billet officeThe Secretary shall establish a public-private exchange program billet office to temporarily hold billets for civilian employees who participate in programs described in such section, to ensure that participating Department of Defense offices are able to retain their staffing levels during the period of participation.3.Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program(a)Pilot subprogramSection 2192a of title 10, United States Code, as amended by section 242 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—(1)by redesignating subsections (b) through (h) as subsections (c) through (i);(2)by inserting after subsection (a) the following new subsection:(b)Requirement for pilot subprogram(1)As a subprogram of the program under subsection (a), the Secretary of Defense shall carry out a pilot program to be known as the National Security Pipeline Pilot Program (referred to in this section as the Pilot Program) under which the Secretary shall seek to enter into partnerships with minority-serving institutions to diversify the participants in the program under subsection (a).(2)Under the Pilot Program, the Secretary of Defense shall—(A)provide an appropriate amount of financial assistance under subsection (c) to an eligible individual;(B)provide such financial assistance to recipients in conjunction with summer internship opportunities or other meaningful temporary appointments within the Department; and(C)periodically evaluate the success of recruiting individuals for scholarships under this subsection and on hiring and retaining those individuals in the public sector workforce.(3)(A)Not later than the date that is three years after the date of the enactment of the Quantum for Universal Advancement in Nationwide Technology Use and Modernization for National Security Act of 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the Pilot Program.(B)The report submitted under subparagraph (A) shall include the following:(i)Identification of the following:(I)The number of students participating in the Pilot Program as of the date of the report.(II)The fields of study pursued by such students.(III)The minority-serving institutions at which such students are enrolled.(ii)An evaluation of the success of the Pilot Program in recruiting individuals for scholarships under this section and hiring and retaining those individuals in the public sector workforce.(4)After the date that is five years after the date of the enactment of the Quantum for Universal Advancement in Nationwide Technology Use and Modernization for National Security Act of 2021, the Secretary shall terminate the Pilot Program or continue the Pilot Program as the Secretary considers appropriate.;(3)in subsection (c)(1), as so redesignated—(A)in subparagraph (A), by striking subsection (g) and inserting subsection (h); and(B)in subparagraph (C), by striking subsection (c) and inserting subsection (d); and(4)by amending subsection (i), as so redesignated, to read as follows:(i)DefinitionsIn this section:(1)The term eligible individual means an individual who—(A)is pursuing an associate’s degree, undergraduate degree, or advanced degree; and(B)is—(i)a member of a group that is underrepresented in the fields of science and engineering, including women; or(ii)is enrolled in a degree-program at a minority-serving institution. (2)The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(3)The term minority-serving institution means an institution of higher education that is eligible under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))..(b)Additional modificationsSuch section 2192a is further amended—(1)in subsection (d), as redesignated by subsection (a)(1), by adding at the end the following new paragraphs:(4)The Secretary shall, to the degree the Secretary considers practicable and appropriate, allow a person receiving financial assistance under this section to delay completion of the person's service obligation under this section until the person has completed—(A)the terminal degree program of education that is typically expected in the field the person is pursuing; or(B)a post-graduate fellowship at a non-Department laboratory.(5)In employing participants during the period of obligated service, the Secretary shall strive to ensure that participants are compensated, to the extent practicable, at a rate that is comparable to the rate of compensation for employment in a similar position in the private sector.;(2)by redesignating subsections (e) through (i), as redesignated by subsection (a)(1), as subsections (f) through (j), respectively;(3)in subsection (h), as so redesignated—(A)by inserting (1) before The Secretary of Defense shall; and(B)by adding at the end the following new paragraph:(2)(A)The Secretary of Defense shall establish or designate an organization within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various scholarship and employment programs of the Department.(B)The organization described in subparagraph (A) shall have the following duties—(i)establish an interconnected network and database across the science, technology, engineering, and mathematics scholarship and employment programs of the Department, including, at a minimum the SMART Defense Education Program, the Defense Civilian Training Corps, the National Defense Science and Engineering Graduate Fellowship, the Army AEOP apprenticeship program, and the Consortium Research Fellows Program;(ii)aid in matching scholarships to individuals pursuing courses of study in in-demand skill areas; and(iii)build a network of program participants, past, present, and future whom DOD departments can draw on to fill skills gaps.(C)On an annual basis, the organization described in subparagraph (A) shall publish, on a publicly accessible website of the Department of Defense, an annual report on the workforce requirements and expected future needs of the civilian workforce of the Department of Defense.;(4)by redesignating subsection (j), as redesignated by paragraph (2), as subsection (k); and(5)by inserting after subsection (i), as redesignated by paragraph (2), the following new subsection:(j)Special rules(1)The Secretary shall strive, in each year of the program under this section and to the greatest extent feasible, to increase the number of applicants pursuing degrees in quantum sciences or a related field of study.(2)The Secretary shall strive to ensure that, in each year of the program under this section, at least one new graduate level participant is studying in an advanced quantum research field.(3)The Secretary shall consider emerging technologies, such as quantum computing and information sciences and artificial intelligence, as skills and disciplines that are critical to the national security functions of the Department of Defense.(4)The Secretary shall encourage increased participation in the program under this section by students studying relevant cross-disciplinary educational tracks that touch on more than one area of science, technology, engineering, and mathematics.(5)The Secretary shall treat optics, photonics, and quantum information sciences as disciplines eligible for the program under this section. .(c)ReportNot later than three years after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on participation and use of the program under section 2192a of title 10, United States Code, as amended by this subsection, with a particular focus on levels of interest from students engaged in studying quantum fields. 4.Modification of authority of Secretary of Defense to award grants to support science, technology, engineering, and mathematics educationSection 2036(g)(2) of title 10, United States Code, as added by section 513 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is amended—(1)by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and(2)by inserting after subparagraph (I) the following:(J)quantum information sciences;.5.Department of Defense fellowships in quantum information science and technology research and developmentSection 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note), as amended by section 214 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), is further amended— (1)by redesignating subsection (f) as subsection (g); and(2)by inserting after subsection (e) the following new subsection (f):(f)Fellowships(1)Program requiredIn carrying out the program required by subsection (a), the Secretary shall, pursuant to another provision of law or through another graduate and postdoctoral fellowship program that was in effect on the day before the date of the enactment of the Quantum for Universal Advancement in Nationwide Technology Use and Modernization for National Security Act of 2021, such as the National Defense Science and Engineering Graduate Fellowship Program, carry out a program of fellowships in quantum information science and technology research and development for individuals who have graduate or post-graduate degrees.(2)GuidelinesThe Secretary shall award fellowships under the program required by paragraph (1) pursuant to guidelines that the Secretary shall establish.(3)ReportsEach recipient of a fellowship under the program required by paragraph (1) shall submit to the Secretary a report on the experience of the recipient coming from a learning environment to a practical application of the recipient's knowledge, in order to contribute to the overall understanding of best practices in teaching and advising students on courses of study in quantum information science and technology research and development. (4)Equal accessIn carrying out the program required by paragraph (1), the Secretary shall strive to ensure that minority and economically disadvantaged students have equal access to fellowships under such program.(5)PeriodA fellowship awarded under the program required by paragraph (1) shall be for a period of not more than three years.(6)LimitationAmounts made available to carry out the program required by paragraph (1) may only be used for—(A)the award of fellowships under such program; and(B)the administrative costs of carrying out such program. .6.Improvements to defense quantum information science and technology research and development program(a)Multidisciplinary partnerships with universitiesSection 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note), as amended by section 5, is further amended—(1)by redesignating subsection (g) as subsection (h); and(2)by inserting after subsection (f), as added by section 5, the following new subsection (g):(g)Multidisciplinary partnerships with universitiesIn carrying out the program under subsection (a), the Secretary of Defense shall endeavor to develop partnerships with universities that are focused on encouraging students to engage in multidisciplinary courses of study..(b)Sense of CongressIt is the sense of Congress that—(1)funding research, development, and deployment of quantum information sciences and quantum information science-related technologies and systems is a priority; and(2)it is especially critical that the United States continue to prioritize such research, development, and deployment in consideration of the significant investment made by China in quantum information sciences.(c)Comptroller General of the United States assessment of program(1)Assessment and briefingNot later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—(A)commence an assessment of the program carried out under section 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note), as amended by section 5 and this section, with consideration of the report submitted under subsection (h) of such section (as redesignated by subsection (a)(1) of this section); and(B)provide the congressional defense committees a briefing on the preliminary findings of the Comptroller General with respect to such program.(2)Final reportAt a date agreed to by the Comptroller General and the congressional defense committees at the briefing provided pursuant to paragraph (1)(B), the Comptroller General shall submit to the congressional defense committees a final report with the findings of the Comptroller General with respect to the assessment conducted under paragraph (1)(A).(3)Congressional defense committees definedIn this subsection, the term congressional defense committees has the meaning given such term in section 101(a) of title 10, United States Code.7.Improvements to National Quantum Initiative Program(a)Sense of CongressIt is the sense of Congress that—(1)the execution of the National Defense Strategy is critical to the functions of the Federal participants of the National Quantum Initiative Program; and(2)the success of the National Quantum Initiative Program is necessary for the Department of Defense to carry out the National Defense Strategy.(b)Department of Defense participation in National Quantum Initiative Program(1)In generalThe National Quantum Initiative Act (Public Law 115–368; 15 U.S.C. 8801 et seq.) is amended by adding at the end the following new title:VDepartment of Defense quantum activities501.Defense quantum information science and technology research and development programThe quantum information science and technology research and development program carried out under section 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) shall be treated as part of the National Quantum Initiative Program implemented under section 101(a) of this Act.502.CoordinationThe Secretary of Energy, the Director of the National Institute of Standards and Technology, and the Director of the National Science Foundation shall each coordinate with the Secretary of Defense in the efforts of the Secretary of Defense to conduct basic research to accelerate scientific breakthroughs in quantum information science and technology..(2)Clerical amendmentThe table of contents is section 1(b) of such Act is amended by adding at the end the following:TITLE V—Department of Defense quantum activities Sec. 501. Defense quantum information science and technology research and development program. Sec. 502. Coordination..(c)Assessment by Comptroller General of the United States of National Quantum Initiative Program(1)In generalThe Comptroller General of the United States shall—(A)assess the National Quantum Initiative Program; and(B)submit to Congress a report on the findings of the Comptroller General with respect to such assessment.(2)ElementsThe assessment required by paragraph (1)(A) shall cover the following:(A)The effectiveness of the National Quantum Initiative Program.(B)Whether all of the programs, committees, and centers required by the National Quantum Initiative Act (15 U.S.C. 8801 et seq.) have been established.(C)Whether the agencies, programs, committees, and centers described in subparagraph (B) are effectively collaborating together and conducting joint activities where appropriate.(D)Identification of inefficiencies or duplications across the various programs of the National Quantum Initiative Program.(d)Additional improvements in coordination(1)In generalThe Secretary of Energy, the Secretary of Commerce acting through the Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, and the heads of other Federal agencies participating in the National Quantum Initiative Program shall coordinate with each other and the heads of other relevant Federal agencies, including the Secretary of Defense, to carry out the goals of the National Quantum Initiative Program.(2)Subcommittee on the Economic and Security Implications of Quantum Science(A)EstablishmentThe President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Science (in this paragraph referred to as the Subcommittee).(B)Membership(i)CompositionThe Subcommittee shall be composed of members as follows:(I)One member appointed by the Director of the National Institute of Standards and Technology.(II)One member appointed by the Director of the National Science Foundation.(III)One member appointed by the Secretary of Energy.(IV)One member appointed by the Administrator of the National Aeronautics and Space Administration.(V)Three members appointed by the Secretary of Defense, of whom—(aa)one shall be a representative of the Army;(bb)one shall be a representative of the Navy; and(cc)one shall be a representative of the Air Force.(VI)One member appointed by the Director of the National Security Agency.(VII)One member appointed by the Director of National Intelligence.(VIII)One member appointed by the Director of the Office of Science and Technology Policy.(IX)Such other members as the President considers appropriate.(ii)RequirementEach member of the Subcommittee shall be an employee of the Federal Government.(C)ChairpersonsThe Director of the Office of Science and Technology Policy, the Secretary of Defense, the Secretary of Energy, and the Director of the National Security Agency shall jointly be chairpersons of the Subcommittee.(D)DutiesThe Subcommittee shall—(i)coordinate with the National Science and Technology Council and its subcommittees to ensure that the economic and national security implications of basic research and development in quantum information science, along with other related technologies, are reviewed and planned for;(ii)analyze economic and national security risks arising from research and development in such areas and make recommendations on how to mitigate those risks; and(iii)review new programs for national security implications, when feasible, prior to public announcement.(E)Report to CongressNot later than 180 days after the date of the enactment of this Act, the chairpersons of the Subcommittee shall submit to Congress a report on the findings and assessments of the Subcommittee regarding economic and national security risks resulting from quantum information science and technology research.(F)TerminationThe Subcommittee shall terminate on the later of the following:(i)The date that is five years after the date of the enactment of this Act.(ii)Such date as the Subcommittee determines appropriate. (3)Involvement of defense in National Quantum Initiative Advisory Committee(A)QualificationsSubsection (b) of section 104 of the National Quantum Initiative Act (Public Law 115–368; 15 U.S.C. 8814) is amended by striking and Federal laboratories and inserting Federal laboratories, and defense researchers.(B)IntegrationSuch section is amended—(i)by redesignating subsections (e) through (g) as subsection (f) through (h), respectively; and(ii)by inserting after subsection (d) the following new subsection (e):(e)Integration of Department of DefenseThe Committee shall take such actions as may be necessary, including by modifying policies and procedures of the Committee, to ensure the full integration of the Department of Defense in activities and programs of the Committee..(4)Clarification of purpose of Multidisciplinary Centers for Quantum Research and EducationSection 302(c) of the National Quantum Initiative Act (Public Law 115–368; 15 U.S.C. 8842(c)) is amended—(A)in paragraph (2), by striking ; and and inserting a semicolon;(B)in paragraph (3), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new paragraph:(4)encouraging workforce collaboration, both with private industry and among Federal entities, including national defense agencies..(5)Clarifications regarding National Quantum Information Science Research Centers(A)RequirementsSubsection (c) of section 402 of the National Quantum Initiative Act (Public Law 115–368; 15 U.S.C. 8852) is amended by inserting the national defense agencies, after industry,.(B)CoordinationSubsection (d) of such section is amended—(i)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and(ii)by inserting after paragraph (1) the following new paragraph (2):(2)other research entities of the Federal Government, including research entities in the Department of Defense;.(6)National Quantum Coordination Office(A)Collaboration when reporting to CongressSection 102 of the National Quantum Initiative Act (Public Law 115–368; 15 U.S.C. 8812) is amended—(i)by redesignating subsection (c) as subsection (d); and(ii)by inserting after subsection (b) the following new subsection (c):(c)Collaboration when reporting to CongressThe Coordination Office shall ensure that when participants in the National Quantum Initiative Program prepare and submit reports to Congress that they do so in collaboration with each other and all appropriate Federal civilian, defense, and intelligence research entities..(B)AdjustmentsThe National Quantum Coordination Office may make such additional adjustments as it deems necessary to ensure full integration of the Department of Defense into the National Quantum Initiative Program.(7)Reporting to additional committees of CongressParagraph (2) of section 2 of such Act (15 U.S.C. 8801) is amended to read as follows:(2)Appropriate committees of CongressThe term appropriate committees of Congress means—(A)the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and(B)the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives..


113 HR 630 IH: Postal Service Protection Act of 2013
U.S. House of Representatives
2013-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS 1st Session
H. R. 630
IN THE HOUSE OF REPRESENTATIVES

February 13, 2013
Mr. DeFazio introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Postal Service Protection Act of 2013.
(b)Table of contentsThe table of contents is as follows:

Sec. 1. Short title; table of contents.
Title I—Retirement annuity obligation recalculation and restoration
Sec. 101. Modified methodology.
Sec. 102. Relating to a postal surplus.
Sec. 103. Treatment of certain surplus retirement contributions.
Sec. 104. Elimination of requirement to pre-fund the Postal Service Retiree Health Benefits Fund.
Sec. 105. Effective date; rule of construction.
Title II—Restrictions on postal facility closures
Sec. 201. Modified procedures.
Sec. 202. Definitions.
Title III—Incentives for innovation
Sec. 301. Authority to offer nonpostal services and products.
Sec. 302. Wine and beer shipping.
Sec. 303. Innovation and accountability.
Title IV—Maintaining levels of service
Sec. 401. Six-day delivery.
Sec. 402. Service standards for market-dominant products.
Title V—Elimination of annual limitation on increases in rates for market-dominant products
Sec. 501. Elimination of annual limitation.
IRetirement annuity obligation recalculation and restoration
101.Modified methodology
(a)In generalSection 8348(h) of title 5, United States Code, is amended by adding at the end the following:

(4)
(A)To the extent that a determination under paragraph (1), relating to benefits attributable to civilian employment with the United States Postal Service, is based on a provision of law described in subparagraph (C), the determination shall be made in accordance with that provision and any otherwise applicable provisions of law, subject to the following:
(i)The average pay used in the case of any individual shall be a single amount, determined in accordance with section 8331(4), taking into account the rates of basic pay in effect for the individual during the periods of creditable service performed by the individual. Nothing in this subsection shall be considered to permit or require—
(I)1 determination of average pay with respect to service performed with the United States Postal Service; and
(II)a separate determination of average pay with respect to service performed with its predecessor entity in function.
(ii)In determining the portion of an annuity attributable to civilian employment with the United States Postal Service, with respect to any period of employment with the United States Postal Service that follows any other period of employment creditable under section 8332 (without regard to whether the employment was with an entity referred to in clause (i)(II)), the total service of an employee for purposes of any provision of law described in subparagraph (C) shall be the sum of—
(I)any period of employment with the United States Postal Service; and
(II)any period of employment creditable under section 8332 that precedes the period described in subclause (I).
(B)
(i)Not later than 6 months after the date of enactment of this paragraph, the Office shall determine (or, if applicable, redetermine) the amount of the Postal surplus or supplemental liability as of the close of the fiscal year most recently ending before that date of enactment, in conformance with the methodology required under subparagraph (A).
(ii)
(I)If the result of the determination or redetermination under clause (i) is a surplus, the Office may transfer the amount of the surplus, or any portion of the amount of the surplus, at the request of the United States Postal Service, to—
(aa)the Postal Service Retiree Health Benefits Fund established under section 8909a; and
(bb)the Postal Service Fund established under section 2003 of title 39.
(II)If a determination or redetermination under clause (i) for a fiscal year is made before a determination under paragraph (2)(B) is made with respect to the fiscal year, the Office may not make a determination under paragraph (2)(B) with respect to the fiscal year.
(C)The provisions of law described in this subparagraph are—
(i)the first sentence of section 8339(a); and
(ii)section 8339(d)(1)..
(b)Coordination provisions
(1)Determination of amount payableSection 8909a of title 5, United States Code, is amended by adding at the end the following:

(e)Notwithstanding any other provision of law, the Office shall determine the amount payable by the Postal Service under subsection (d) in any fiscal year ending on or before September 30, 2013, without regard to the requirements under section 8348(h)(4)..
(2)Rule of constructionNothing in this Act shall affect the amount of any benefits otherwise payable from the Civil Service Retirement and Disability Fund to any individual.
(c)Technical and conforming amendmentThe heading for section 8909a of title 5, United States Code, is amended by striking Benefit and inserting Benefits.
102.Relating to a postal surplusSection 8348(h)(2)(C) of title 5, United States Code, is amended—
(1)by inserting 2021, after 2015,; and
(2)by striking if the result is and all that follows through terminated. and inserting the following:
if the result is a surplus—
(i)that amount, or any portion of that amount, may be transferred at the request of the United States Postal Service to—
(I)the Postal Service Retiree Health Benefits Fund; and
(II)the Postal Service Fund established under section 2003 of title 39; and
(ii)any prior amortization schedule for payments shall be terminated..
103.Treatment of certain surplus retirement contributionsSection 8423(b) of title 5, United States Code, is amended—
(1)by redesignating paragraph (5) as paragraph (6); and
(2)by inserting after paragraph (4) the following:

(5)If, for fiscal year 2010, the amount computed under paragraph (1)(B) is less than zero (in this section referred to as surplus postal contributions), the amount of the surplus postal contributions, or any portion of the amount, may be transferred at the request of the United States Postal Service to—
(A)the Postal Service Retiree Health Benefits Fund established under section 8909a;
(B)the Postal Service Fund established under section 2003 of title 39;
(C)the Employees’ Compensation Fund established under section 8147; and
(D)the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39..
104.Elimination of requirement to pre-fund the Postal Service Retiree Health Benefits Fund
(a)In generalSection 8909a of title 5, United States Code, is amended—
(1)in subsection (d)—
(A)by striking paragraph (3); and
(B)by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and
(2)by adding at after subsection (e) (as added by section 101(b)(1)) the following:

(f)Nothing in this section shall be construed to require the Postal Service to pay any amount into the Postal Service Retiree Health Benefits Fund established under section 8909a..
(b)Technical and conforming amendmentSection 803(b)(1)(A) of the Postal Accountability and Enhancement Act (5 U.S.C. 8909a note) is amended by striking 8909a(d)(5) and inserting 8909a(d)(4).
105.Effective date; rule of construction
(a)In generalThis title and the amendments made by this title shall take effect on the date of enactment of this Act.
(b)Intent of CongressIt is the intent of Congress that this title apply with respect to the allocation of past, present, and future benefit liabilities between the United States Postal Service and the Treasury of the United States.
(c)Rule of constructionNothing in this Act or the amendments made by this Act shall be construed to prohibit the Postal Service from paying any amount of surplus contributions to the Civil Service Retirement and Disability Fund and the Federal Employees’ Retirement System into—
(1)the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5, United States Code; and
(2)the Postal Service Fund established under section 2003 of title 39, United States Code.
IIRestrictions on postal facility closures
201.Modified procedures
(a)In generalSection 404(d) of title 39, United States Code, is amended by striking (d)(1) and all that follows through paragraph (4) and inserting the following:

(d)
(1)Before making a determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall—
(A)conduct an investigation to assess the need for the proposed closure or consolidation; and
(B)ensure that each person served by the postal facility has an opportunity to present views by providing appropriate notice—
(i)to each person by mail; and
(ii)by publication in a newspaper of general circulation in the area in which each person resides.
(2)In conducting an investigation under paragraph (1)(A) and determining whether to close or consolidate a postal facility under subsection (a)(3), the Postal Service—
(A)shall consider—
(i)the effect the closing or consolidation would have on the community served by the postal facility;
(ii)the effect the closing or consolidation would have on employees of the Postal Service employed at the postal facility; and
(iii)whether the closing or consolidation would be consistent with the policy of the Government under section 101(b), that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where postal facilities are not self-sustaining; and
(B)may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
(3)
(A)Upon completion of an investigation under paragraph (1), the Postal Service shall make a decision, in writing, whether to proceed with the proposal to close or consolidate a postal facility, which shall include the findings of the Postal Service with respect to each factor specified in paragraph (2)(A).
(B)Not later than 90 days before the Postal Service makes a final determination under this subsection, the Postal Service shall—
(i)post notice of the decision and findings under subparagraph (A) in a prominent place in each postal facility that would be affected by the closing or consolidation; and
(ii)send notice of each posting under clause (i) by mail to each person served by the postal facility in which the notice is posted.
(C)Notice under subparagraph (B) shall include—
(i)a statement as follows: This is notice of a proposal to _____ this postal facility. A final determination will not be made before the end of the 90-day period beginning on the date on which this notice is first posted., with the blank space being filled in with close or consolidate (whichever is appropriate), and with instructions for how any interested person may submit comments;
(ii)a brief summary of the findings of the Postal Service with respect to the factors specified in paragraph (2)(A); and
(iii)the amount of cost savings the Postal Service estimates the Postal Service will realize from the closing or consolidation, in the first year following the date of the closing or consolidation, together with an explanation of the assumptions and methodologies used in making the estimate.
(4)The Postal Service shall make a final determination to close or consolidate a postal facility in writing after taking into consideration any comments received during the 90-day period described under paragraph (3). The Postal Service shall take no action to close or consolidate a postal facility before the date that is 60 days after the date on which the Postal Service—
(A)posts a copy of the final determination in a prominent location in each affected postal facility; and
(B)sends to each person served by the postal facility—
(i)a notice of the determination; and
(ii)notice of any appeal rights available with respect to the determination..
(b)De novo reviewSection 404(d)(5) of title 39, United States Code, is amended—
(1)by striking post office and inserting postal facility; and
(2)by striking The Commission shall set aside and all that follows through final disposition of the appeal. and inserting the following: The Commission shall review de novo the determination of the Postal Service. In conducting a review de novo, the Commission shall consider the factors described in paragraph (2)(A). If the Commission finds fault with a determination of the Postal Service, the Commission shall suspend the effectiveness of the determination of the Postal Service..
(c)Exception; calculation of actual cost savingsSection 404(d) of title 39, United States Code, is amended by adding at the end the following:

(7)
(A)Paragraphs (1) through (6) shall not apply in the case of a closing or consolidation which occurs by reason of an emergency suspension, as described in section 241.3 of title 39, Code of Federal Regulations, or any successor thereto.
(B)For purposes of this paragraph, the term emergency suspension does not, in the case of a leased facility, include the termination or cancellation of the lease by a party other than the Postal Service.
(8)
(A)Not later than 2 years after the date of the closing or consolidation of any postal facility occurring after the date of enactment of this paragraph, the Inspector General shall determine the amount of the cost savings realized by the Postal Service from the closing or consolidation for the first year following the closing or consolidation.
(B)The Inspector General shall submit to the Postmaster General and to Congress—
(i)a report for each postal facility for which the Inspector made a determination of cost savings under subparagraph (A) during the preceding year that includes—
(I)the amount of the cost savings determined to be realized with respect to each closing or consolidation of a postal facility, together with an explanation of the assumptions and methodologies used in making the determination;
(II)a comparison of—
(aa)the cost savings determined by the Inspector General; and
(bb)the estimates provided by the Postal Service under paragraph (3)(C)(iii); and
(III)an explanation of the reasons for any differences between the determination of the Inspector General and the estimates of the Postal Service, together with recommendations for any legislation or administrative action that the Inspector General considers appropriate to provide for more accurate estimates; and
(ii)an annual report with respect to all the postal facilities for which the Inspector made a determination of cost savings under subparagraph (A) that includes the information required under clause (i)..
202.DefinitionsSection 404(d) of title 39, United States Code, as amended by section 201(c), is further amended by adding at the end the following:

(9)In this subsection—
(A)the term postal facility includes an office, branch, station, or other facility which—
(i)is operated by the Postal Service; and
(ii)provides services to persons described in subparagraph (B); and
(B)any reference to the persons served by a postal facility shall include a postal customer receiving mail delivery service from the postal facility, a resident of a ZIP code served by the postal facility, a postal customer having a post office box at the postal facility, and any relevant local government official as defined by the Postal Service by rule..
IIIIncentives for innovation
301.Authority to offer nonpostal services and products
(a)Specific powerSection 404(a) of title 39, United States Code, is amended—
(1)in paragraph (7), by striking and at the end;
(2)in paragraph (8), by striking the period and inserting ; and; and
(3)by adding at the end the following:

(9)to provide nonpostal services and products in accordance with subsection (e)..
(b)Nonpostal services and productsSection 404(e) is amended to read as follows:

(e)
(1)The Postal Service may provide any nonpostal service or product in a manner consistent with the public interest.
(2)Not later than 90 days before providing a nonpostal service or product that the Postal Service did not provide before the date of enactment of this subsection, the Postal Service shall request an advisory opinion from the Postal Regulatory Commission that evaluates the extent to which the provision of that nonpostal service or product—
(A)would use the processing, transportation, delivery, retail network, technology, or other resources of the Postal Service; and
(B)would be consistent with the public interest.
(3)Not later than 45 days after the date on which the Postal Regulatory Commission receives a request under paragraph (2), the Postal Regulatory Commission shall—
(A)issue an advisory opinion to the Postal Service concerning the request; and
(B)transmit a copy of the advisory opinion, together with the original request, to—
(i)the Committee on Oversight and Government Reform of the House of Representatives; and
(ii)the Committee on Homeland Security and Governmental Affairs of the Senate.
(4)In this title, the term nonpostal service or product means any service or product other than a postal service, including—
(A)check-cashing services;
(B)technology and media services;
(C)warehousing and logistics;
(D)facility leasing;
(E)public Internet access services;
(F)driver licensing;
(G)vehicle registration;
(H)hunting and fishing licensing;
(I)notary services; and
(J)voter registration.
(5)The Postal Service may enter into a contract with a State or local agency to provide a nonpostal service or product authorized under this subsection..
302.Wine and beer shipping
(a)Mailability
(1)Nonmailable articlesSection 1716(f) of title 18, United States Code, is amended by striking mails and inserting mails, except to the extent that the mailing is allowable under section 3001(p) of title 39.
(2)IntoxicantsSection 1154(a) of title 18, United States Code, is amended, by inserting or, with respect to the mailing of wine or malt beverages, to the extent allowed under section 3001(p) of title 39 after mechanical purposes.
(b)RegulationsSection 3001 of title 39, United States Code, is amended by adding at the end the following:

(p)
(1)Wine or malt beverages shall be considered mailable if mailed—
(A)by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2); and
(B)in accordance with the law of the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery.
(2)The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that—
(A)the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility;
(B)the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery;
(C)the wine or malt beverages may not be for resale or other commercial purpose; and
(D)the winery or brewery involved shall—
(i)certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and
(ii)provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes.
(3)For purposes of this subsection—
(A)a winery shall be considered to be licensed if that winery holds an appropriate basic permit issued—
(i)under the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); and
(ii)under the law of the State in which the winery is located; and
(B)a brewery shall be considered to be licensed if that brewery—
(i)possesses a notice of registration and bond approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury; and
(ii)is licensed to manufacture and sell beer in the State in which the brewery is located..
(c)Effective dateThe amendments made by this section shall take effect on the earlier of—
(1)the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; or
(2)120 days after the date of enactment of this Act.
303.Innovation and accountability
(a)In generalChapter 2 of title 39, United States Code, is amended by adding at the end the following:

209.Innovation and accountability
(a)Chief innovation officerThere shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General who shall have proven expertise and a record of success in—
(1)the postal and shipping industry;
(2)innovative product research and development;
(3)marketing brand strategy;
(4)emerging communications technology; or
(5)business process management.
(b)DutiesThe Chief Innovation Officer shall—
(1)lead the development of innovative nonpostal products and services that maximize the revenue of the Postal Service;
(2)develop innovative postal products and services, particularly products and services that use emerging information technologies, to maximize the revenue of the Postal Service;
(3)supervise the implementation of products and services described in paragraphs (1) and (2); and
(4)monitor the performance of products and services described in paragraphs (1) and (2) and modify the products and services as needed to address changing market trends.
(c)ConsiderationsThe Chief Innovation Office shall take into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee before the initial sale of innovative postal or nonpostal products and services.
(d)Designation
(1)DeadlineAs soon as practicable after the date of enactment of this section, and not later than 90 days after the date of enactment of this section, the Postmaster General shall appoint a Chief Innovation Officer.
(2)ConditionThe Chief Innovation Officer may not, while serving as Chief Innovation Officer, hold any other office or position in the Postal Service.
(3)Rule of constructionNothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service at the time the individual is appointed Chief Innovation Officer from serving as the Chief Innovation Officer under this section.
(e)Advisory commission
(1)EstablishmentThere is established the Postal Innovation Advisory Commission (hereinafter the Commission).
(2)Membership
(A)In generalThe Commission shall be composed of—
(i)the Chief Innovation Officer established under subsection (a), who shall serve as Chairperson of the Commission; and
(ii)5 other members as the Postal Regulatory Commission shall appoint, of whom—
(I)1 member shall have expertise in labor;
(II)1 member shall have expertise in small business issues;
(III)1 member shall have expertise in consumer protection;
(IV)1 member shall have expertise in small periodicals and newspapers; and
(V)1 member shall have expertise in the postal industry.
(B)Period of appointmentMembers shall be appointed for 5-year terms.
(C)VacanciesAny vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment.
(D)MeetingsThe Commission shall meet at the call of the Chairperson.
(E)QuorumA majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(3)Duties of the commission
(A)StudyThe Commission shall study—
(i)additional postal and nonpostal services that the Postal Service may offer to raise revenue; and
(ii)services that postal services in foreign countries have offered to respond to the increasing demand for high-tech services, including—
(I)banking and insurance services;
(II)communication services;
(III)physical delivery of e-mail correspondence to individuals who do not have Internet access;
(IV)scanning physical mail and delivering that mail through e-mail; and
(V)communication through secure servers.
(B)RecommendationsThe Commission shall generate recommendations for additional services that the Postal Service should provide based on the study conducted under subparagraph (A).
(C)ReportNot later than 1 year after the date of enactment of this section, and each year thereafter, the Commission shall submit to the Postmaster General a report that contains each recommendation described under subparagraph (B) that the Commission approves by a majority vote.
(4)Powers of the commission
(A)HearingsThe Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this subsection.
(B)Information from federal agenciesThe Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subsection. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.
(C)Postal servicesThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(D)GiftsThe Commission may accept, use, and dispose of gifts or donations of services or property.
(5)Commission personnel matters
(A)Compensation of membersEach member of the Commission who is not an officer or employee of the Federal Government (including the Postal Service) shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States, including the Postal Service, shall serve without compensation in addition to that received for their services as officers or employees of the United States.
(B)Travel expensesThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Commission.
(C)Staff
(i)In generalThe Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.
(ii)CompensationThe Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5.
(D)Detail of government employeesAny Federal Government employee, including an employee of the Postal Service, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(E)Procurement of temporary and intermittent servicesThe Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of title 5.
(6)Permanent advisory commissionSection 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(7)Authorization of appropriations
(A)In generalThere are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act.
(B)AvailabilityAny sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
(f)Innovation strategy
(1)In generalNot later than 1 year after the date of enactment of this section, the Postmaster General shall submit, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), a comprehensive strategy for maximizing the revenue of the Postal Service through innovative postal and nonpostal products and services to—
(A)the Committee on Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on Oversight and Government Reform of the House of Representatives; and
(C)the Postal Regulatory Commission.
(2)Matters to be addressedAt a minimum, the strategy required by this subsection shall address—
(A)the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including the nature of the market demand to be satisfied by each product and service and the estimated date by which each product and service will be introduced;
(B)the cost of developing and offering each product or service;
(C)the anticipated sales volume for each product and service;
(D)the anticipated revenues and profits expected to be generated by each product and service;
(E)the likelihood of success of each product and service and the risks associated with the development and sale of each product and service;
(F)the trends anticipated in market conditions that may affect the success of each product and service during the 5-year period following the submission of the report; and
(G)the metrics that will be used to assess the effectiveness of the innovation strategy.
(3)Strategy updatesThe Postmaster General shall—
(A)update the strategy required under this subsection every 2 years; and
(B)submit the updated strategy, at the same time the President submits the annual budget request under section 1105 of title 31 for that year, and together with the report on performance under subsection (g), to—
(i)the Committee on Homeland Security and Governmental Affairs of the Senate;
(ii)the Committee on Oversight and Government Reform of the House of Representatives; and
(iii)the Postal Regulatory Commission.
(g)Report on performance
(1)In generalThe Postmaster General shall submit an annual report that describes the progress of the Postal Service in implementing the strategy under this section, at the same time the President submits the annual budget request under section 1105 of title 31, to—
(A)the Committee on Homeland Security and Governmental Affairs of the Senate;
(B)the Committee on Oversight and Government Reform of the House of Representatives; and
(C)the Postal Regulatory Commission.
(2)Matters to be addressedAt a minimum, a report under this subsection shall include—
(A)the revenue generated by each product and service developed through the strategy under this section and the costs of developing and offering each product or service for the preceding year;
(B)the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year;
(C)trends in each market in which a product or service is intended to satisfy a demand;
(D)products and services identified in the strategy under this section that are to be discontinued, the date on which the discontinuance will occur, and the reasons for the discontinuance;
(E)alterations in products and services identified in the strategy under this section that will be made to address changing market conditions, and an explanation of how the alterations will ensure the success of the products and services; and
(F)the performance of the strategy under this section according to the metrics identified under subsection (e)(2)(G).
(h)Study and report by Comptroller General
(1)Study
(A)In generalThe Comptroller General of the United States shall conduct a study on the implementation of the strategy under this section that assesses the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services.
(B)ContentsThe study under subparagraph (A) shall include—
(i)an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the Postal Service;
(ii)the sales volume of each product and service;
(iii)the revenues and profits generated by each product and service; and
(iv)the likelihood of continued success of each product and service.
(2)ReportNot later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report concerning the study under paragraph (1) to—
(A)the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)the Committee on Oversight and Government Reform of the House of Representatives..
(b)Clerical amendmentThe table of sections for chapter 2 of title 39, United States Code, is amended by adding at the end the following:

209. Innovation and accountability..
IVMaintaining levels of service
401.Six-day deliverySection 404a(a) of title 39, United States Code, is amended—
(1)in paragraph (2), by striking or at the end;
(2)in paragraph (3), by striking the period and inserting ; or; and
(3)by adding at the end the following:

(4)reduce the frequency of the delivery of mail to fewer than 6 days each week..
402.Service standards for market-dominant productsSection 3691 of title 39, United States Code, is amended by adding at the end the following:

(e)Restriction on authorityNotwithstanding subsections (a), (b), and (c), the Postal Service may not increase the expected delivery time for market-dominant products required under part 121 of title 39, Code of Federal Regulations, as in effect on March 2, 2010..
VElimination of annual limitation on increases in rates for market-dominant products
501.Elimination of annual limitation
(a)In generalSubparagraph (A) of paragraph (1) of section 3622(d) of title 39, United States Code, is repealed.
(b)Technical and conforming amendmentsSuch section 3622(d), as amended by subsection (a), is further amended—
(1)in paragraph (1)—
(A)by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and
(B)in subparagraph (B) (as so redesignated by subparagraph (A))—
(i)by inserting and at the end of clause (i); and
(ii)by striking clauses (iii) and (iv);
(C)by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and
(D)in subparagraph (D) (as so redesignated by subparagraph (C)), by striking notwithstanding and all that follows through paragraph (2)(C),; and
(2)by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).