To establish a pilot program to test alternative methods for the delivery of postal services.

SA 2028. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 1789, to improve, sustain, and transform the United
States Postal Service; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PILOT PROGRAM TO TEST ALTERNATIVE METHODS FOR THE
DELIVERY OF POSTAL SERVICES.

(a) Definition.--In this section, the term ``review board''
means a postal performance review board established under
subsection (c)(2).
(b) Pilot Program.--
(1) In general.--The United States Postal Service may
conduct a pilot program to test the feasibility and
desirability of alternative methods for the delivery of
postal services. Subject to the provisions of this section,
the pilot program shall not be limited by any lack of
specific authority under title 39, United States Code, to
take any action contemplated under the pilot program.
(2) Waivers.--
(A) In general.--The Postal Service may waive any provision
of law, rule, or regulation inconsistent with any action
contemplated under the pilot program.
(B) Content.--A waiver granted by the Postal Service under
subparagraph (A) may include a waiver of requirements
relating to--
(i) days of mail delivery;
(ii) the use of cluster-boxes;
(iii) alternative uses of mailboxes; and
(iv) potential customer charges for daily at-home delivery.
(C) Regulations and consultation.--The Postal Service shall
issue any waiver under subparagraph (A)--
(i) in accordance with regulations under subsection (h);
and
(ii) with respect to a waiver involving a provision of
title 18, United States Code, in consultation with the
Attorney General.
(c) Requirements.--
(1) In general.--
(A) Application.--Under the pilot program, alternative
methods for the delivery of postal services may be tested
only in a community that submits an appropriate application
(together with a written plan)--
(i) in such time, form, and manner as the Postal Service by
regulation requires; and
(ii) that is approved by the Postal Service.
(B) Contents.--Any application under this paragraph shall
include--
(i) a description of the postal services that would be
affected;
(ii) the alternative providers selected and the postal
services each would furnish (or the manner in which those
decisions would be made);
(iii) the anticipated costs and benefits to the Postal
Service and users of the mail;
(iv) the anticipated duration of the participation of the
community in the pilot program;
(v) a specific description of any actions contemplated for
which there is a lack of specific authority or for which a
waiver under subsection (b)(2) would be necessary; and
(vi) any other information as the Postal Service may
require.
(2) Review boards.--
(A) In general.--Under the pilot program, a postmaster
within a community may, in accordance with regulations
prescribed by the Postal Service, establish a postal
performance review board.
(B) Functions.--A review board shall--
(i) submit any application under paragraph (1) on behalf of
the community that the review board represents; and
(ii) carry out the plan on the basis of which any
application with respect to that community is approved.
(C) Membership.--A review board shall consist of--
(i) the postmaster for the community (or, if there is more
than 1, the postmaster designated in accordance with
regulations under subsection (h));
(ii) at least 1 individual who shall represent the
interests of business concerns; and
(iii) at least 1 individual who shall represent the
interests of users of the class of mail for which the most
expeditious handling and transportation is afforded by the
Postal Service.
(iv) Chairperson.--The postmaster for the community (or
postmaster so designated) shall serve as chairperson of the
review board.
(3) Alternative providers.--To be eligible to be selected
as an alternative provider of postal services, a provider
shall be a commercial enterprise, nonprofit organization,
labor organization, or other person that--
(A) possesses the personnel, equipment, and other
capabilities necessary to furnish the postal services
concerned;
(B) satisfies any security and other requirements as may be
necessary to safeguard the mail, users of the mail, and the
general public;
(C) submits a bid to the appropriate review board in such
time, form, and manner (together with such accompanying
information) as the review board may require; and
(D) meets such other requirements as the review board may
require, consistent with any applicable regulations under
subsection (h).
(4) Use of postal facilities and equipment.--A postmaster
may, at the discretion of the postmaster, allow alternative
providers to use facilities and equipment of the Postal
Service. Any such use proposed by a person in a bid submitted
under paragraph (3)(C) shall, for purposes of the competitive
bidding process, be taken into account using the fair market
value of such use.
(5) Applications from communities with potential
closures.--When reviewing and granting applications, the
Postal Service shall give priority to applications from
communities identified for potential post office closures.
(d) Limitation on Applications.--
(1) In general.--Except as provided under paragraph (2), no
more than 250 applications may be approved for participation
in the pilot program under this section at any 1 time.
(2) Increased limitation.--If more than 250 applications
for participation in the pilot program are filed during the
90-day period beginning on the date of enactment of this Act,
no more than 500 applications may be approved for
participation in the pilot program under this section at any
1 time.
(e) Termination of Community Participation.--Subject to
such conditions as the Postal Service may by regulation
prescribe and the terms of any written agreement or contract
entered into in conformance with such regulations, the
participation of a community in the pilot program may be
terminated by the Postal Service or by the review board for
that community if the Postal Service or the review board
determines that the continued participation of the community
is not in the best interests of the public or the Government
of the United States.
(f) Evaluations.--
(1) In general.--The Postal Service shall evaluate the
operation of the pilot program within each community that
participates in the pilot program.
(2) Contents.--An evaluation under this subsection shall
include an examination, as applicable, of--
(A) the reliability of mail delivery (including the rate of
misdeliveries) in the community;
(B) the timeliness of mail delivery (including the time of
day that mail is delivered and the time elapsing from the
postmarking to delivery of mail) in the community;
(C) the volume of mail delivered in the community; and
(D) any cost savings or additional costs to the Postal
Service attributable to the use of alternative providers.
(3) Analysis of data.--Data included in any evaluation
under this subsection shall be analyzed--
(A) by community characteristics, time of year, and type of
postal service;
(B) by residential, business, and any other type of mail
user; and
(C) on any other basis as the Postal Service may determine.
(4) Submission of evaluations.--Not later than 90 days
after the date on which the pilot program terminates, the
Postal Service shall submit each evaluation under this
subsection and an overall evaluation of the pilot program to
the President and Congress.
(g) Rule of Construction.--Nothing in this section shall be
construed to affect the obligation of the Postal Service to
continue providing universal service, in accordance with
otherwise applicable provisions of law, in all aspects not
otherwise provided for under this section.
(h) Regulations.--The Postal Service may prescribe any
regulations necessary to carry out this section.
(i) Termination.--
(1) Termination by the postal service.--The Postmaster
General may terminate the pilot program under this section
before the date described in paragraph (2)(A), if--
(A) the Postmaster General determines that continuation of
the pilot program is not in the best interests of the public
or the Government of the United States; and
(B) the Postal Regulatory Commission approves the
termination.
(2) Termination after 5 years.--
(A) In general.--Except as provided under subparagraph (B),
the authority to conduct the pilot program under this section
shall terminate 5 years after the date of enactment of this
Act.
(B) Extensions.--
(i) In general.--The Postmaster General may extend the
authority to conduct the pilot program under this section, if
before the date that the authority to conduct the pilot
program would otherwise terminate, the Postmaster General
submits a notice of extension to Congress that includes--

(I) the term of the extension; and
(II) the reasons that the extension is in the best
interests of the public or the Government of the United
States.

(ii) Multiple extensions.--The Postmaster General may
provide for more than 1 extension under this subparagraph.
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