[Page S2431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2026. 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. ___. PERFORMANCE-BASED PAY FOR POSTMASTER GENERAL; 
                   POSTAL SERVICE BONUS AUTHORITY.

       (a) In General.--Chapter 10 of title 39, United States 
     Code, is amended by adding at the end the following:

     ``Sec.  1012. Performance-based pay for Postmaster General; 
       Postal Service bonus authority

       ``(a) Performance-based Pay for Postmaster General.--
       ``(1) Definition.--In this subsection, the term `base rate' 
     means the annual rate of pay for the Postmaster General in 
     effect on the date of enactment of the 21st Century Postal 
     Service Act of 2012.
       ``(2) Annual rate of pay.--Except as provided under 
     paragraph (3), the annual rate of pay for the Postmaster 
     General shall be the base rate.
       ``(3) Adjustments.--
       ``(A) In general.--The annual rate of pay for the 
     Postmaster General shall be adjusted only in accordance with 
     this paragraph. An adjustment under this paragraph may be 
     made notwithstanding section 1003(a).
       ``(B) Fiscal years with surpluses.--If there was a surplus 
     in the preceding fiscal year as determined under subsection 
     (c)(1) and the individual serving as the Postmaster General 
     served in that position for all of the preceding fiscal year, 
     the annual rate of pay for the Postmaster General for pay 
     periods beginning on or after October 1 in any fiscal year 
     shall be equal to the base rate increased by the percentage 
     of the surplus for the preceding fiscal year as determined 
     under subsection (c)(2).
       ``(4) Fiscal year with deficits.--If there was a deficit in 
     the preceding fiscal year as determined under subsection 
     (c)(1), the annual rate of pay for the Postmaster General for 
     pay periods beginning on or after October 1 in any fiscal 
     year shall be equal to the base rate decreased by the 
     percentage of the deficit for the preceding fiscal year as 
     determined under subsection (c)(2).
       ``(b) Bonus Authority.--
       ``(1) Fiscal years with surpluses.--If there was a surplus 
     in the preceding fiscal year as determined under subsection 
     (c)(1), the Postal Service may provide incentive or 
     performance award payments to employees during a fiscal year, 
     which may not increase the total compensation of an employee 
     relative to the base salary of the employee by a percentage 
     greater than the percentage of the surplus for the preceding 
     fiscal year as determined under subsection (c)(2).
       ``(2) Fiscal years with deficits.--If there was a deficit 
     in the preceding fiscal year as determined under subsection 
     (c)(1), the Postal Service may not provide incentive or 
     performance award payments to employees during a fiscal year.
       ``(c) Determinations by the Office of Management and 
     Budget.--At the end each fiscal year the Director of the 
     Office of Management and Budget shall--
       ``(1) make a determination of whether there is a surplus or 
     a deficit in the annual budget of the Postal Service 
     submitted under section 2009 for that fiscal year;
       ``(2) make a determination of the surplus or deficit 
     described under paragraph (1) expressed as a percentage of 
     the budget for that fiscal year; and
       ``(3) submit notification to the Board of Governors and 
     Congress of the determinations made under paragraphs (1) and 
     (2).''.
       (b) Fixing Pay by Board of Governors.--Sections 202(c) of 
     title 39, United States Code, is amended in the second 
     sentence by striking ``pay and''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 10 of title 39, United States Code, is 
     amended by adding after the item relating to section 1011 the 
     following:

``1012. Performance-based pay for Postmaster General; Postal Service 
              bonus authority.''.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     the amendments made by this section shall take effect on the 
     date of enactment of this Act.
       (2) Adjustments; bonuses.--
       (A) Adjustments.--Adjustments under section 1012(a) of 
     title 39, United States Code, (as added by subsection (a) of 
     this section) shall apply to pay periods occurring on or 
     after October 1, 2012.
       (B) Bonuses.--The limitation on the provision of incentive 
     or performance award payments under Adjust section 1012(b) of 
     title 39, United States Code, (as added by subsection (a) of 
     this section) shall apply to fiscal year 2013 and each fiscal 
     year thereafter.
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