H.R. 431

119 HR 431 IH: Pony Up Act
 U.S. House of Representatives
 2025-01-15
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 431  IN THE HOUSE OF REPRESENTATIVES   January 15, 2025   Mr. Graves  (for himself,  Mr. Cleaver ,  Mr. Alford ,  Mr. Bost ,  Mr. Collins ,  Mr. Stauber , and  Mr. Mann ) introduced the following bill; which was referred to the  Committee on Oversight and Government Reform    A BILL
To require the United States Postal Service to reimburse fees charged for the late payment of bills that were delayed in the mail, and for other purposes.
1.
Short title
This Act may be cited as the   Pony Up Act  .
2.
Payment of fees resulting from delayed delivery
(a)
In general
Except as otherwise provided in this section, the United States Postal Service shall pay to a citizen assessed any fee or penalty for the late payment of a bill an amount determined under subsection (b) if such bill, notice of such bill, or payment is delivered late.
(b)
Payment calculation
The amount to which a citizen is entitled under subsection (a) is the amount that is equal to the total amount of the fees and penalties described in such subsection that such citizen is obligated to pay.
(c)
Application
(1)
In general
A citizen seeking a payment under this section shall submit to the United States Postal Service an application at such time, in such manner, and containing such information as the United States Postal Service determines appropriate.
(2)
Application submission
The United States Postal Service shall allow citizens to submit the application required by paragraph (1) on a publicly available website of the United States Postal Service, by mail, and at any post office.
(d)
Unforeseen circumstances exception
For the purposes of this section, a bill, notice of bill, or payment is not delivered late if a cause not reasonably within the control of the United States Postal Service delayed the delivery of such bill or notice, including a major disaster or emergency declared by the President.
(e)
Appeals
(1)
In general
A citizen may appeal a determination made by the United States Postal Service under this section to the Judicial Officer by submitting such appeal in writing within 30 days after receiving notice of such determination.
(2)
Procedure
The Judicial Officer shall issue a decision with respect to an appeal under paragraph (1) as soon as practicable, and such decision shall be final.
(f)
Regulations
Not later than 60 days after the date of enactment of this Act, the United States Postal Service shall issue rules implementing this section.
(g)
Definitions
In this section:
(1)
Delivered late
The term  delivered late , with respect to a bill, notice of bill, or payment, means that—
(A)
such bill, notice, or payment was mailed;
(B)
in the case of a bill or notice of bill, the United States Postal Service received the mail containing such bill or notice not less than 12 days prior to the date on which the payment for the bill was due and the United States Postal Service delivered such mail less than 6 days prior to the date on which payment for the bill was due; and
(C)
in the case of a payment, the United States Postal Service received the mail containing such payment not less than 5 days prior to the date on which the payment was due and the United States Postal Service delivered such mail after the date on which payment was due.
(2)
Judicial officer
The term  Judicial Officer  means the Judicial Officer appointed under section 204 of title 39, United States Code.
3.
Report on mail delivery delays
(a)
Annual report
Not later than one year after the date of enactment of this Act, and annually thereafter, the United States Postal Service shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on delays in delivering mail, including, for each class of mail—
(1)
the average delivery time and average delay time for—
(A)
mail delivered under an agreement between the sender, other than a sender primarily engaged in the transportation or delivery of parcels or letters carried out of the mails, and the United States Postal Service; and
(B)
all other mail delivered by the United States Postal Service;
(2)
the volume of mail described in paragraph (1)(A) that is presorted and an explanation of the effect of presorting such mail on the average delivery time and average delay time for such mail; and
(3)
the volume of mail described in paragraph (1)(B) that is presorted and an explanation of the effect of presorting such mail on the average delivery time and average delay time for such mail.
(b)
Prioritization audit
(1)
In general
The Inspector General of the United States Postal Service shall conduct an assessment of the policies and practices of the United States Postal Service to determine if the United States Postal Service prioritizes the delivery of mail described in subsection (a)(1)(A) over mail that is the same class of mail and is not described in such subsection.
(2)
Report
Not later than one year after the date of enactment of this Act, the Inspector General of the United States Postal Service shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the findings of the assessment required by paragraph (1).
(c)
Class of mail defined
For the purposes of this section, the term  class of mail  means the items described in paragraphs (1) through (10) of section 3621(a) of title 5, United States Code, and the items described in paragraphs (1) through (5) of section 3631(a) of such title.