Sec. 302. Nonpostal services
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Section 404 of title 39, United States Code, is amended— in subsection (a)— by redesignating paragraphs
(6)through
(8)as paragraphs
(7)through (9), respectively; and by inserting after paragraph
(5)the following: on and after the date of enactment of the Postal Reform Act of 2013 , and except as provided in subsection (e)— to provide other services that are not postal services, if the provision of such services— uses the processing, transportation, delivery, retail network, or technology of the Postal Service; is consistent with the public interest and a demonstrated or potential public demand for— the Postal Service, rather than another entity, to provide the services; or the Postal Service, in addition to or in partnership with another entity, to provide the services; would not create unfair competition with the private sector, taking into consideration the extent to which the Postal Service will not, either by legal obligation or voluntarily, comply with any state or local requirements that generally apply to persons providing the services; does not unreasonably interfere with or detract from the value of postal services, including— the cost and efficiency of postal services; and access to postal retail service; will be undertaken in accordance with all Federal laws generally applicable to the provision of such services; and has the potential to improve the net financial position of the Postal Service, based on a market analysis provided to the Postal Regulatory Commission by the Postal Service; and to classify a service provided under subparagraph
(A)as an experimental product subject to section 3641; ; in subsection (e)(1), by inserting and that was offered by the Postal Service on the date of enactment of the after Postal Reform Act of 2013 102(5) ; and by adding at the end the following: For purposes of chapters 20 and 36 of this title, nonpostal services provided under subsection (a)(6) shall be treated as competitive products. . Section 3662(a) of title 39, United States Code, is amended by inserting 404(a)(6), after 403(c), . During the 5-year period beginning on the date of enactment of this Act, the Postal Service shall submit a copy of any market analysis provided to the Commission under section 404(a)(6)(A)(vi) of title 39, United States Code, as amended by this section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. Section 411 of title 39, United States Code, is amended— in the second sentence, by striking this section and inserting this subsection ; by inserting
(a)before Executive agencies ; and by adding at the end the following— The Postal Service is authorized to furnish property and services to States, local governments, and tribal governments, under such terms and conditions, including reimbursability, as the Postal Service and the applicable State, local government, or tribal government shall determine appropriate. For purposes of this subsection— the term local government means— a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity; an agency or instrumentality of an entity described in clause (i); or a rural community, an unincorporated town or village, or an instrumentality of a rural community or an unincorporated town or village; the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and the term tribal government means the government of an Indian tribe, as that term is defined in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)). The Postal Service shall submit to the Postal Regulatory Commission, together with the report required under section 3652, a report that details the costs and revenues of the services provided by the Postal Service under this section. In determining reimbursability under subsections
(a)and (b), the Postal Service shall ensure that each service provided under such subsections covers its costs attributable, as that term is defined in section 3631(b). . 404(e) of title 39 Section 404(e) of title 39, United States Code, is amended by striking paragraph
(5)and inserting the following: Each nonpostal service authorized under this subsection shall be designated as market-dominant or competitive based on the designation of the nonpostal service in the Mail Classification Schedule as in effect on the date of enactment of the Postal Reform Act of 2013 . Nothing in this subsection shall be construed to prevent the Postal Service from establishing nonpostal products and services that are expressly authorized by subsection (a)(6). . Section 3641 of title 39, United States Code, is amended— in subsection (b)(1), by inserting (or the appropriate consumers in the case of nonpostal products) after users ; in the first sentence of subsection (b)(3), by striking section 3642(b)(1) and inserting sections 404(g) and 3642(b)(1) ; in the second sentence of subsection (b)(3), by striking section 3633(3) and inserting section 3633(a)(3) ; in subsection (e)(1), by striking $10,000,000 and inserting $50,000,000 ; and in subsection (e)(2), by striking $50,000,000 and inserting $100,000,000 . Section 2003(b)(1) of title 39, United States Code, is amended by striking postal and nonpostal services and inserting postal services, nonpostal services authorized under section 404(e), and products and services authorized under section 411, .
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Sec. 302
Nonpostal services
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