To modify provisions relating to objectives, unused rate adjustment authority, transition rules, rate and service complaints, and for other purposes.
What it does: 21 changes: inserts text in 2 places, strikes text, replaces text in 18 places
Sen. Susan M. Collins (R-ME)What it changes
21 changes to S. 662
Change 1: Inserts “, each of which shall be applied in conjunction with the others” before the colon
Inserted: , each of which shall be applied in conjunction with the others
Original wording
On page 133, line 25, insert before the colon “, each of which shall be applied in conjunction with the others”.
Change 2: Inserts new text on page 134, between lines 21 and 22
InsertsPrinted pageInserted: (8) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Postal Service from making changes of unequal magnitude within, between, or among classes of mail.
Original wording
On page 134, between lines 21 and 22, insert the following:
Change 3: Strikes page 135, lines 1–3
StrikesPrinted pageRemoves page 135, lines 1–3 of the printed bill. See that page
Original wording
On page 135, strike lines 1 through 3.
Change 4: Replaces “(2)” with “(1)”
[struck: (2)][inserted: (1)]Original wording
On page 135, line 4, strike “(2)” and insert “(1)”.
Change 5: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
On page 135, line 9, strike “(3)” and insert “(2)”.
Change 6: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
On page 135, line 15, strike “(4)” and insert “(3)”.
Change 7: Replaces “(5)” with “(4)”
[struck: (5)][inserted: (4)]Original wording
On page 135, line 19, strike “(5)” and insert “(4)”.
Change 8: Replaces “(6)” with “(5)”
[struck: (6)][inserted: (5)]Original wording
On page 135, line 22, strike “(6)” and insert “(5)”.
Change 9: Replaces “(7)” with “(6)”
[struck: (7)][inserted: (6)]Original wording
On page 136, line 1, strike “(7)” and insert “(6)”.
Change 10: Replaces “(8)” with “(7)”
[struck: (8)][inserted: (7)]Original wording
On page 136, line 5, strike “(8)” and insert “(7)”.
Change 11: Replaces “(9)” with “(8)”
[struck: (9)][inserted: (8)]Original wording
On page 136, line 8, strike “(9)” and insert “(8)”.
Change 12: Replaces “(10)” with “(9)”
[struck: (10)][inserted: (9)]Original wording
On page 136, line 12, strike “(10)” and insert “(9)”.
Change 13: Replaces “(11)” with “(10)”
[struck: (11)][inserted: (10)]Original wording
On page 136, line 16, strike “(11)” and insert “(10)”.
Change 14: Replaces “(12)” with “(11)”
[struck: (12)][inserted: (11)]Original wording
On page 136, line 19, strike “(12)” and insert “(11)”.
Change 15: Replaces “(13)” with “(12)”
[struck: (13)][inserted: (12)]Original wording
On page 136, line 21, strike “(13)” and insert “(12)”.
Change 16: Replaces “(14)” with “(13)”
[struck: (14)][inserted: (13)]Original wording
On page 137, line 1, strike “(14)” and insert “(13)”.
Change 17: Replaces “The” with “Except as provided under subparagraph (C), the”
[struck: The][inserted: Except as provided under subparagraph (C), the]Original wording
On page 138, line 19, strike “The” and insert “Except as provided under subparagraph (C), the”.
Change 18: Rewrites page 139, lines 8–17
ReplacesPrinted pageRemoves page 139, lines 8–17 of the printed bill. See that page
Inserted: (C) Use of unused rate authority.--
Inserted: (i) Definition.--In this subparagraph, the term 'unused rate adjustment authority' means the difference between--
Inserted: (I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and
Inserted: (II) the amount of the rate adjustment the Postal Service actually makes in that year.
Inserted: (ii) Authority.--Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred.
Inserted: (iii) Limitations.--In exercising the authority under clause (ii) in any year, the Postal Service--
Inserted: (I) may use unused rate adjustment authority from more than 1 year;
Inserted: (II) may use any part of the unused rate adjustment authority from any year;
Inserted: (III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and
Inserted: (IV) for any class or service, may not exceed the annual limitation under paragraph (1) by more than 2 percentage points.
Original wording
On page 139, strike lines 8 through 17, and insert the following:
Change 19: Rewrites page 142, lines 5–10
ReplacesPrinted pageRemoves page 142, lines 5–10 of the printed bill. See that page
Inserted: (f) Transition Rule.--For the 1-year period beginning on the date of enactment of this section, rates and classes for market-dominant products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were last in effect before the date of enactment of this section. Proceedings initiated to consider a request for a recommended decision filed by the Postal Service during that 1-year period shall be completed in accordance with subchapter II of chapter 36 of this title and implementing regulations, as in effect before the date of enactment of this section.
Original wording
On page 142, strike lines 5 through 10, and insert the following:
Change 20: Rewrites page 162, line 10 through page 164, line 9
ReplacesPrinted pageRemoves page 162, line 10 through page 164, line 9 of the printed bill. See that page
Inserted: Sec. 3662. Rate and service complaints
Inserted: (a) In General.--Any interested party (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of chapter 1 (except section 101(c)), sections 401, 403, 404, 404a, 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.
Inserted: (b) Prompt Response Required.--
Inserted: (1) In general.--The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)--
Inserted: (A) either--
Inserted: (i) upon a finding that such complaint raises substantial and material issues of fact or law, begin proceedings on such complaint; or
Inserted: (ii) issue an order dismissing the complaint; and
Inserted: (B) with respect to any action taken under subparagraph (A) (i) or (ii), issue a written statement setting forth the bases of its determination.
Inserted: (2) Treatment of complaints not timely acted on.--For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed under an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).
Inserted: (c) Action Required if Complaint Found To Be Justified.--If the Postal Regulatory Commission finds upon clear and convincing evidence the complaint to be justified, it shall order that the Postal Service take such action as is necessary to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance.
Inserted: (d) Authority To Order Fines in Cases of Deliberate Noncompliance.--In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.
Original wording
On page 162, line 10, strike all through page 164, line 9, and insert the following:
Change 21: Replaces “Commission” with “Postal Service”
[struck: Commission][inserted: Postal Service]Original wording
On page 168, line 11, strike “Commission” and insert “Postal Service”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 133, line 25, insert before the colon “, each of which shall be applied in conjunction with the others”.
On page 134, between lines 21 and 22, insert the following:
“(8) To establish and maintain a just and reasonable schedule for rates and classifications, however the objective under this paragraph shall not be construed to prohibit the Postal Service from making changes of unequal magnitude within, between, or among classes of mail.
On page 135, strike lines 1 through 3.
On page 135, line 4, strike “(2)” and insert “(1)”.
On page 135, line 9, strike “(3)” and insert “(2)”.
On page 135, line 15, strike “(4)” and insert “(3)”.
On page 135, line 19, strike “(5)” and insert “(4)”.
On page 135, line 22, strike “(6)” and insert “(5)”.
On page 136, line 1, strike “(7)” and insert “(6)”.
On page 136, line 5, strike “(8)” and insert “(7)”.
On page 136, line 8, strike “(9)” and insert “(8)”.
On page 136, line 12, strike “(10)” and insert “(9)”.
On page 136, line 16, strike “(11)” and insert “(10)”.
On page 136, line 19, strike “(12)” and insert “(11)”.
On page 136, line 21, strike “(13)” and insert “(12)”.
On page 137, line 1, strike “(14)” and insert “(13)”.
On page 138, line 19, strike “The” and insert “Except as provided under subparagraph (C), the”.
On page 139, strike lines 8 through 17, and insert the following:
“(C) Use of unused rate authority.--
“(i) Definition.--In this subparagraph, the term ‘unused rate adjustment authority' means the difference between--
“(I) the maximum amount of a rate adjustment that the Postal Service is authorized to make in any year subject to the annual limitation under paragraph (1); and
“(II) the amount of the rate adjustment the Postal Service actually makes in that year.
“(ii) Authority.--Subject to clause (iii), the Postal Service may use any unused rate adjustment authority for any of the 5 years following the year such authority occurred.
“(iii) Limitations.--In exercising the authority under clause (ii) in any year, the Postal Service--
“(I) may use unused rate adjustment authority from more than 1 year;
“(II) may use any part of the unused rate adjustment authority from any year;
“(III) shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year; and
“(IV) for any class or service, may not exceed the annual limitation under paragraph (1) by more than 2 percentage points.
On page 142, strike lines 5 through 10, and insert the following:
“(f) Transition Rule.--For the 1-year period beginning on the date of enactment of this section, rates and classes for market-dominant products shall remain subject to modification in accordance with the provisions of this chapter and section 407, as such provisions were last in effect before the date of enactment of this section. Proceedings initiated to consider a request for a recommended decision filed by the Postal Service during that 1-year period shall be completed in accordance with subchapter II of chapter 36 of this title and implementing regulations, as in effect before the date of enactment of this section.”.
On page 162, line 10, strike all through page 164, line 9, and insert the following:
“Sec. 3662. Rate and service complaints
“(a) In General.--Any interested party (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of chapter 1 (except section 101(c)), sections 401, 403, 404, 404a, 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.
“(b) Prompt Response Required.--
“(1) In general.--The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)--
“(A) either--
“(i) upon a finding that such complaint raises substantial and material issues of fact or law, begin proceedings on such complaint; or
“(ii) issue an order dismissing the complaint; and
“(B) with respect to any action taken under subparagraph (A) (i) or (ii), issue a written statement setting forth the bases of its determination.
“(2) Treatment of complaints not timely acted on.--For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed under an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).
“(c) Action Required if Complaint Found To Be Justified.--If the Postal Regulatory Commission finds upon clear and convincing evidence the complaint to be justified, it shall order that the Postal Service take such action as is necessary to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance.
“(d) Authority To Order Fines in Cases of Deliberate Noncompliance.--In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.
On page 168, line 11, strike “Commission” and insert “Postal Service”.
Legislative Activity
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Senate amendment submitted
February 9, 2006
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Senate amendment submitted
February 9, 2006
Senate amendment agreed to: Amendment SA 2750 agreed to in Senate by Unanimous Consent.
February 9, 2006
Senate amendment proposed (on the floor): Amendment SA 2750 proposed by Senator Frist for Senator Collins.
February 9, 2006
Amendment SA 2750 proposed by Senator Frist for Senator Collins. (consideration: CR S926-927; text: CR S926-927) To modify provisions relating to objectives, unused rate adjustment authority, transition rules, rate and service complaints, and for other purposes.
February 9, 2006
Amendment SA 2750 agreed to in Senate by Unanimous Consent.
February 9, 2006