21st Century Postal Service Act of 2012 - Title I: Postal Workforce Matters - (Sec. 101) Requires the Office of Personnel Management (OPM) to determine, on an annual basis, the amount of any surplus contributions by the U.S. Postal Service (USPS) to the Federal Employees' Retirement System (FERS) and to transfer any such amount to USPS in FY2011-FY2014 to be used to pay the cost of voluntary separation incentive payments for postal employees who voluntarily separate from service before October 1, 2015. Allows any additional surplus contributions to be used for repayment of debts incurred by USPS or for making required payments to the Employees' Compensation Fund, USPS retiree health benefits funds, and the Civil Service Retirement and Disability Fund.
(Sec. 102) Allows USPS to: (1) provide voluntary separation incentive payments of up to $25,000 to USPS employees who voluntarily separate before October 1, 2015; and (2) offer up to one year of additional creditable service for postal employees in the Civil Service Retirement System (CSRS) who voluntarily separate from service before such date, and up to two years for employees in FERS who voluntarily separate from service before such date. Disqualifies any employee who receives such additional credits from receiving a voluntary separation incentive payment.
Requires USPS to offer voluntary separation incentives to ensure that the size and cost of the USPS workforce is appropriate to perform its duties, taking into consideration the closure and consolidation of postal facilities, the ability of USPS employees to operate existing facilities more efficiently, and the number of employees eligible for retirement or early retirement. Establishes a goal for the reduction of USPS career employees of 18% by the end of FY2015.
(Sec. 103) Restructures the pre-funding requirements for USPS retiree health benefits by replacing the current schedule of annual payments to the Postal Service Retiree Health Benefits Fund with a schedule of annual installment payments that will liquidate pension liabilities by September 30, 2052, or within 15 years, whichever is later. Requires the government's contributions to be paid first, beginning with enactment of this Act, from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund (currently, such contributions are to be paid by the Postal Service through September 30, 2016). Reduces the pre-funding requirement for retiree health benefits to 80% of projected liability (currently, 100%).
(Sec. 104) Authorizes USPS to negotiate jointly with all employee bargaining representatives until the end of FY2012 to establish the Postal Service Health Benefits Program outside of the Federal Employees Health Benefits (FEHB) Program. Sets forth the basic requirements for such Program, including that it provide coverage that is actuarially equivalent to the types of plans available under the FEHB Program.
(Sec. 105) Requires the Postmaster General to develop an educational program for USPS employees and annuitants who may be eligible for Medicare to learn how Medicare benefits interact with and can supplement benefits under the FEHB Program.
(Sec. 106) Requires any arbitration board deciding a contract dispute between USPS and labor organizations to: (1) render a decision not later than 45 days after the date of its appointment; and (2) consider such relevant factors as the financial condition of USPS.
(Sec. 107) Requires the Director of OPM to: (1) submit to Congress and the Comptroller General (GAO) not later than 60 days after the enactment of this Act and every month thereafter a report that evaluates the timeliness, completeness, and accuracy of USPS information on employee retirements; (2) post such information on the OPM website; and (3) submit to Congress and GAO a timetable for completion of each component of a retirement systems modernization project.
(Sec. 108) Imposes limits on the rate of compensation, including bonuses, for certain USPS officers and employees.
Title II: Postal Services and Operations - (Sec. 201) Requires USPS to maintain current delivery service standards during the three-year period beginning on the date of enactment of this Act, including overnight standards for first-class mail and periodicals, two-day delivery for first-class mail, and a maximum delivery time for first-class mail of three days within the continental United States.
(Sec. 202) Requires USPS, before making a determination as to the necessity for closing or consolidating any postal facility, to: (1) conduct an area mail processing study that includes a plan to reduce the capacity of, but not close, the facility and a consideration of the effect of the closure or consolidation on the ability of individuals to vote by mail and the ability of USPS to timely deliver ballots by mail; (2) provide notice of a determination to close or consolidate a postal facility to Congress, the Postal Regulatory Commission (PRC), and state officials; (3) ensure that interested persons have an opportunity to submit public comments during a 45-day period after notice of intent to close or consolidate a postal facility is given; (4) consider such public comments and the effects of a proposed closure or consolidation within a 30-day period after the initial period for public comments; (5) publish on its website a justification statement for any closure or consolidation; and (6) wait 15 days after posting such justification statement before closing or consolidating a postal facility.
Prohibits the closure or consolidation of a postal facility during the three-year period beginning on the date of enactment of this Act if such closure or consolidation prevents USPS from maintaining current service standards.
Allows any interested person to lodge a complaint with PRC if such person believes that the closure or consolidation of a postal facility is not in conformance with applicable service standards.
(Sec. 203) Requires USPS, within six months after the enactment of this Act, to establish service standards for market-dominant products.
(Sec. 204) Requires USPS, within one year after the enactment of this Act, to develop and submit to Congress a revised and updated version of the plan to expand and market retail access to postal services.
(Sec. 205) Requires USPS, prior to closing or consolidating a post office, including a post office in a rural area, to consider: (1) alternatives, including reducing the hours of such post office; (2) the effects on the community and businesses served by such post office and on the employees of such post office; and (3) whether substantial economic savings to USPS would result.
(Sec. 206) Requires USPS to submit to the House Committee on Oversight and Governmental Reform and the Senate Committee on Homeland Security and Governmental Affairs: (1) a comprehensive strategic plan to govern decisions relating to area and district office structure; and (2) a 10-year plan, including a timetable, that provides for consolidation of area and district offices. Requires an update to such plan at least once every five years.
Requires USPS, within one year after the enactment of this Act, to: (1) consolidate district offices that are located within 50 miles of each other, (2) consolidate area and district offices that have less than the mean mail volume and number of work hours for all such offices, and (3) relocate area offices to headquarters.
(Sec. 207) Prohibits USPS from establishing a general, nationwide delivery schedule of five or fewer days for at least 24 months after the enactment of this Act. Requires USPS, prior to implementing any five-day delivery schedule, to: (1) identify customers and communities for whom a change may have a disproportionate, negative impact; (2) develop measures to ameliorate any such impact; and (3) implement measures to increase revenue and reduce costs and evaluate whether such measures will allow USPS to achieve long-term financial solvency without implementing a five-day delivery schedule.
Requires GAO to report on whether USPS has complied with measures for implementing any change in its delivery schedule and whether a change in its delivery schedule is necessary to allow USPS to achieve long-term solvency.
Requires USPS to ensure that any change in its delivery schedule will not result in more than two consecutive days without mail delivery, including recognized federal holidays.
(Sec. 208) Requires USPS to request the PRC to issue an advisory opinion relating to any change in the USPS delivery schedule. Requires PRC to issue such advisory opinion within 90 days.
(Sec. 209) Requires USPS to: (1) provide at least 30 days' notice of any proposed changes to mailing specifications not reviewed by PRC and to respond to public comments on such changes, and (2) analyze the financial impact of such proposed changes on USPS and its customers.
(Sec. 210) Authorizes USPS to provide other services that are not postal services after PRC determines that providing such services: (1) makes use of the processing, transportation, delivery, retail network, or technology of USPS; (2) would be consistent with the public interest and would not create unfair competition with the private sector; and (3) would have the potential to improve the financial position of USPS.
(Sec. 211) Establishes in USPS the position of Chief Innovation Officer to be appointed by the Postmaster General. Requires such Innovation Officer to have proven expertise and a record of accomplishment in areas such as: (1) the postal and shipping industry; (2) innovative product research and development; (3) brand marketing strategy; (4) new and emerging technologies, including communications technology; or (5) business process management.
Requires the Chief Innovation Officer to report to Congress on a comprehensive strategy for improving the net financial position of USPS through innovation, including the offering of new postal and nonpostal products and services.
(Sec. 212) Establishes in USPS a Strategic Advisory Commission on Postal Service Solvency and Innovation as an independent commission to provide strategic guidance to the President, Congress, the Board of Governors of the Postal Service, and the Postmaster General on enhancing the long-term solvency of USPS and to foster innovative thinking to address the challenges facing USPS.
(Sec. 213) Authorizes the appointment of a citizen's service protection advocate to represent the interests of postal customers affected by the proposed closing or consolidation of a postal facility. Requires USPS to provide such advocate with information and assistance relating to any closing or consolidation.
(Sec. 214) Prohibits USPS from maintaining or operating more than one post office in the U.S. Capitol Complex in a House Office Building or in a Senate Office Building.
Title III: Federal Employees' Compensation Act - Workers' Compensation Reform Act of 2012 - (Sec. 302) Amends the Federal Employees' Compensation Act (FECA) to revise benefit payments for FECA enrollees. Reduces FECA benefits for totally disabled enrollees to 50% of their pre-disability pay upon the enrollee reaching full retirement age, as defined in the Social Security Act. Exempts any enrollee who: (1) has attained retirement age by the date of enactment of this Act, (2) is an individual who has an exempt disability condition, or (3) is a member of a household that meets eligibility requirements for the supplemental nutrition assistance programs (SNAP).
(Sec. 303) Eliminates augmented compensation under FECA for dependents of postal employees who have a work-related injury. Exempts employees who are totally disabled and allows augmented compensation, for three years after the enactment of this title, for employees who are partially disabled.
(Sec. 304) Allows injured workers to receive schedule compensation payments (i.e., specific payments for certain injuries) if their FECA benefits are reduced under the provisions of this title.
(Sec. 305) Revises requirements for vocational rehabilitation of injured workers (except workers who have attained retirement age) by: (1) requiring such workers to develop a comprehensive return to work plan and undergo vocational rehabilitation, (2) authorizing the Secretary of Labor to enter into an assisted reemployment agreement with public or private employers for hiring individuals eligible for wage-loss compensation for up to three years, and (3) extending vocational rehabilitation opportunities under FECA to partially disabled workers.
(Sec. 306) Requires the Secretary to require employees who are receiving worker compensation benefits to report their earnings from employment or self-employment. Requires forfeiture of worker compensation for any period for which an employee fails to report or understates such earnings.
(Sec. 307) Requires the Secretary to: (1) establish a disability management review process for certifying and monitoring the disability status and injuries of employees receiving benefits, and (2) require employees receiving benefits to submit to physical examinations to assess the nature and extent of their disability.
(Sec. 308) Requires the three-day waiting period for the commencement of FECA benefits to begin immediately after a work-related injury for all injured federal employees (currently, different waiting periods apply to USPS employees and other federal employees).
(Sec. 309) Requires individuals who are eligible for compensation under FECA and under CSRS or FERS or another retirement system to elect which benefits to receive.
(Sec. 310) Authorizes the Secretary to: (1) use field nurses (registered nurses who assist in the medical management of disability claims and provide claimants with assistance in coordinating medical care) to coordinate medical services and vocational rehabilitation programs for injured employees, and (2) suspend compensation to employees who refuse to cooperate with a field nurse or who obstruct a field nurse in the performance of duties.
(Sec. 311) Allows the federal government to recover continuation of pay (i.e., salary that is continued to be paid during the 45-day period between the beneficiary's injury and the start of FECA disability benefits) from third parties who are liable for the beneficiary's work-related injury.
(Sec. 312) Directs the Secretary to establish an Integrity and Compliance Program (Program) and cooperate with other federal agencies to prevent, identify, and recover fraudulent and other improper payments for the FECA program. Establishes the FECA Integrity and Compliance Task Force to assist in implementing the Program. Grants the Secretary, the Postmaster General, and Inspectors General access to agency databases to improve compliance with requirements under the Program, including social security earnings information, the OPM retiree database, the Department of Veterans Affairs Beneficiaries Database, and the National Directory of New Hires. Requires the establishment of protocols for the secure transfer and storage of any information provided under the Program. Requires GAO to conduct periodic audits of the Program.
(Sec. 313) Increases to $50,000 the benefit amount for a severe disfigurement of the face, head, or neck. Increases to $6,000 the maximum benefit amount for the reimbursement for funeral expenses for an employee who dies due to a work-related injury.
(Sec. 314) Expands compensation provisions for the disability or death of a federal employee to include injuries sustained in at attack by a terrorist or terrorist organization, either known or unknown. Provides for continuation of pay for federal employees who sustain injuries in a zone of armed conflict.
(Sec. 316) Requires the Secretary to promulgate regulations to carry out this title, including regulations clarifying what a claim is and when a period of disability for which a claim is made commences.
Title IV: Other Matters - (Sec. 401) Requires USPS, not later than 90 days after the enactment of this Act, to submit to the House Committee on Oversight and Governmental Reform, the Senate Committee on Homeland Security and Governmental Affairs, GAO, and PRC a plan on how it will achieve long-term solvency. Requires USPS to update such plan at least quarterly, until the last quarter of FY2015.
(Sec. 402) Requires PRC, not earlier than three years after enactment of this Act, to begin a study to determine: (1) whether and to what extent any market-dominant classes, products, or types of mail services do not bear their direct and indirect costs; and (2) the impact of any excess USPS mail processing, transportation, or delivery capacity on the direct and indirect costs attributable to any class of mail that bears less than 100% of its costs. Requires PRC to hold a public hearing prior to completing such study and to update such study annually. Authorizes incremental increases in postal rates for any class of mail that recovers less than 90% of its costs.
(Sec. 403) Establishes within OMB the Federal Real Property Council to develop guidance for the asset management program of each executive agency. Requires the Council to identify agency field offices that are suitable for co-location with other federal civilian real property, including postal properties.
(Sec. 404) Authorizes USPS to enter into agreements with state and local governments and USPS departments (intra-service agreements) to provide property and services to such entities.
(Sec. 405) Authorizes the mailing of distilled spirits, wine, or malt beverages in accordance with the laws of the state, territory, or district where the sender initiates the mailing and the addressee takes delivery. Requires USPS to issue regulations to ensure that the addressee is at least 21 years of age and presents a valid, government-issued photo identification upon delivery.
(Sec. 406) Requires PRC, with the assistance of USPS and relevant federal agencies, to report annually on the fiscal stability of the U.S. mailing industry.
(Sec. 407) Requires USPS and PRC to coordinate actions to identify methods to increase the use of negotiated service agreements for market-dominant products.
(Sec. 408) Makes USPS and PRC subject to the Contract Disputes Act of 1978.
(Sec. 409) Sets forth new requirements for contracting of postal services, including new ethical standards for awarding postal contracts.
Establishes the position of advocate for competition in USPS and PRC to promote competition by promoting the acquisition of commercial items and challenging barriers to competition.
Requires the Postmaster General and the Chairman of PRC to issue a policy on contracting officer delegations of authority for postal contracts.
Requires USPS and PRC to post on their public websites any purchase request for any noncompetitive award and the rationale for such award. Allows a waiver of such requirement if it would risk placing USPS at a disadvantage relative to a private sector competitor.
Requires USPS and PRC to review any ethical issues relating to a proposed contract before it is awarded and to advise the contracting officer on an appropriate resolution of any ethical issues relating to such contract.
Requires USPS and PRC to prescribe regulations that would restrict a contracting officer from entering into a postal contract with any party with whom such officer has a personal or business relationship. Allows a waiver of such restriction in the best interests of USPS. Requires such waivers to be posted on the USPS and PRC websites. Authorizes USPS and PRC to void any postal contract and recover amounts expended under such contract if there is a final conviction of bribery, conflict of interest, or other criminal offense relating to such contract.
Prohibits USPS from entering into any contract that restricts the ability of Congress to exercise oversight authority.
(Sec. 410) Reduces from 12 to 6 the number of USPS officers or employees who may receive additional compensation for performing critical services. Limits, with specified exceptions, the total compensation of a USPS officer or employee to the basic pay rate for level I of the Executive Schedule.
(Sec. 411) Expresses the sense of the Senate that USPS should not close or consolidate any postal facility or post office before the enactment date of this Act.
Title V: Miscellaneous - Prohibits any federal agency from paying the travel expenses for more than 50 of its employees who are stationed in the United States for any international conference occurring outside the United States, unless the Secretary of State determines that the attendance of such employees is in the national interest.
Requires each federal agency to post on its website: (1) information about each conference for which the agency paid travel expenses during the preceding three months; and (2) information on any presentation made by any agency employee at a conference, including any speech delivered or exhibits presented. Limits to $500,000 the amount any agency may spend to support a single conference. Prohibits any agency from funding more than a single conference during any fiscal year, unless the agency is the primary sponsor and organizer of the conference.
Limits agency travel expenses for FY2012-FY2016 to 80% of the aggregate amount of such expenses paid in FY2010.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1789 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1789
To improve, sustain, and transform the United States Postal Service.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2011
Mr. Lieberman (for himself, Ms. Collins, Mr. Carper, and Mr. Brown of
Massachusetts) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve, sustain, and transform the United States Postal Service.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Postal Service Act of
2011''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--POSTAL WORKFORCE MATTERS
Sec. 101. Treatment of surplus contributions to Federal Employees
Retirement System.
Sec. 102. Additional service credit.
Sec. 103. Medicare coverage for Postal Service Medicare eligible
annuitants.
Sec. 104. Restructuring of payments for retiree health benefits.
Sec. 105. Postal Service Health Benefits Program.
Sec. 106. Arbitration; labor disputes.
TITLE II--POSTAL SERVICES AND OPERATIONS
Sec. 201. Postal facilities.
Sec. 202. Additional Postal Service planning.
Sec. 203. Area and district office structure.
Sec. 204. Retail service standards.
Sec. 205. Conversion of door delivery points.
Sec. 206. Limitations on changes to mail delivery schedule.
Sec. 207. Time limits for consideration of service changes.
Sec. 208. Public procedures for significant changes to mailing
specifications.
Sec. 209. Nonpostal products and services.
TITLE III--FEDERAL EMPLOYEES' COMPENSATION ACT
Sec. 301. Short title; references.
Sec. 302. Federal workers compensation reforms for retirement-age
employees.
Sec. 303. Augmented compensation for dependents.
Sec. 304. Schedule compensation payments.
Sec. 305. Vocational rehabilitation.
Sec. 306. Reporting requirements.
Sec. 307. Disability management review; independent medical
examinations.
Sec. 308. Waiting period.
Sec. 309. Election of benefits.
Sec. 310. Sanction for noncooperation with field nurses.
Sec. 311. Subrogation of continuation of pay.
Sec. 312. Social Security earnings information.
Sec. 313. Amount of compensation.
Sec. 314. Technical and conforming amendments.
Sec. 315. Regulations.
TITLE IV--OTHER MATTERS
Sec. 401. Profitability plan.
Sec. 402. Postal rates.
Sec. 403. Cooperation with State and local governments; intra-Service
agreements.
Sec. 404. Shipping of wine and beer.
Sec. 405. Annual report on United States mailing industry.
Sec. 406. Use of negotiated service agreements.
Sec. 407. Contract disputes.
Sec. 408. Contracting provisions.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Commission.--The term ``Commission'' means the Postal
Regulatory Commission.
(2) Postal service.--The term ``Postal Service'' means the
United States Postal Service.
TITLE I--POSTAL WORKFORCE MATTERS
SEC. 101. TREATMENT OF SURPLUS CONTRIBUTIONS TO FEDERAL EMPLOYEES
RETIREMENT SYSTEM.
Section 8423(b) of title 5, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5)(A) In this paragraph, the term `surplus postal contributions'
means the amount by which the amount computed under paragraph (1)(B) is
less than zero.
``(B) For each fiscal year in which the amount computed under
paragraph (1)(B) is less than zero, upon request of the Postmaster
General, the Director shall transfer to the United States Postal
Service from the Fund an amount equal to the surplus postal
contributions for that fiscal year for use in accordance with this
paragraph.
``(C) For each of fiscal years 2012, 2013, and 2014, if the amount
computed under paragraph (1)(B) is less than zero, a portion of the
surplus postal contributions for the fiscal year shall be used by the
United States Postal Service for the cost of providing to employees of
the United States Postal Service who voluntarily separate from service
before October 1, 2014--
``(i) voluntary separation incentive payments (including
payments to employees who retire under section 8336(d)(2) or
8414(b)(1)(B) before October 1, 2014) that may not exceed the
maximum amount provided under section 3523(b)(3)(B) for any
employee; and
``(ii) retirement service credits, as authorized under
section 8332(p) or 8411(m).
``(D) Any surplus postal contributions for a fiscal year not
expended under subparagraph (C) may be used by the United States Postal
Service for the purposes of--
``(i) repaying any obligation issued under section 2005 of
title 39; or
``(ii) making required payments to--
``(I) the Employees' Compensation Fund established
under section 8147;
``(II) the Postal Service Retiree Health Benefits
Fund established under section 8909a;
``(III) the Employees Health Benefits Fund
established under section 8909; or
``(IV) the Civil Service Retirement and Disability
Fund.''.
SEC. 102. ADDITIONAL SERVICE CREDIT.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(p)(1)(A) For an employee of the United States Postal Service who
is covered under this subchapter and voluntarily separates from service
before October 1, 2014, at the direction of the United States Postal
Service, the Office shall add not more than 1 year (as specified by the
United States Postal Service) to the total creditable service of the
employee for purposes of determining entitlement to and computing the
amount of an annuity under this subchapter (except for a disability
annuity under section 8337).
``(B) An employee who receives additional creditable service under
this paragraph may not receive a voluntary separation incentive payment
from the United States Postal Service.
``(2)(A) Subject to subparagraph (B), and notwithstanding any other
provision of law, no deduction, deposit, or contribution shall be
required for service credited under this subsection.
``(B) The actuarial present value of the additional liability of
the United States Postal Service to the Fund resulting from this
subsection shall be included in the amount calculated under section
8348(h)(1)(A).''.
(b) Federal Employees Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(m)(1)(A) For an employee of the United States Postal Service who
is covered under this chapter and voluntarily separates from service
before October 1, 2014, at the direction of the United States Postal
Service, the Office shall add not more than 2 years (as specified by
the United States Postal Service) to the total creditable service of
the employee for purposes of determining entitlement to and computing
the amount of an annuity under this chapter (except for a disability
annuity under subchapter V of that chapter).
``(B) An employee who receives additional creditable service under
this paragraph may not receive a voluntary separation incentive payment
from the United States Postal Service.
``(2)(A) Subject to subparagraph (B), and notwithstanding any other
provision of law, no deduction, deposit, or contribution shall be
required for service credited under this subsection.
``(B) The actuarial present value of the additional liability of
the United States Postal Service to the Fund resulting from this
subsection shall be included in the amount calculated under section
8423(b)(1)(B).''.
SEC. 103. MEDICARE COVERAGE FOR POSTAL SERVICE MEDICARE ELIGIBLE
ANNUITANTS.
(a) Federal Employees Health Benefits Plans.--
(1) In general.--Chapter 89 of title 5, United States Code,
is amended by inserting after section 8903b the following:
``Sec. 8903c. Postal Service Medicare eligible annuitants
``(a) Definitions.--In this section--
``(1) the term `contract year' means a calendar year in
which health benefits plans are administered under this
chapter;
``(2) the term `Medicare part A' means the Medicare program
for hospital insurance benefits under part A of title XVIII of
the Social Security Act (42 U.S.C. 1395c et seq.);
``(3) the term `Medicare part B' means the Medicare program
for supplementary medical insurance benefits under part B of
title XVIII of the Social Security Act (42 U.S.C. 1395j et
seq.); and
``(4) the term `Postal Service Medicare eligible annuitant'
means an individual who--
``(A) is an annuitant covered under this chapter
whose Government contribution is paid by the Postal
Service under section 8906(g)(2); and
``(B) is eligible to enroll in Medicare part A and
Medicare part B.
``(b) Requirement of Medicare Enrollment.--
``(1) Postal service medicare eligible annuitants.--
``(A) Immediate application.--An individual who is
a Postal Service Medicare eligible annuitant on the
date of enactment of the 21st Century Postal Service
Act of 2011 may not continue coverage under this
chapter, unless that individual enrolls in Medicare
part A and Medicare part B during the special
enrollment period established under section 1837(m) of
the Social Security Act.
``(B) Prospective application.--An individual who
becomes a Postal Service Medicare eligible annuitant
after the date of enactment of the 21st Century Postal
Service Act of 2011 may not continue coverage under
this chapter, unless after becoming eligible for
Medicare part A and Medicare part B that individual
enrolls in Medicare part A and Medicare part B during
the applicable initial enrollment period under section
1837 of the Social Security Act (42 U.S.C. 1395p).
``(2) Family members of postal service medicare eligible
annuitants.--
``(A) Family member is medicare eligible.--An
individual who, on the date of enactment of the 21st
Century Postal Service Act of 2011, is a Postal Service
Medicare eligible annuitant, is enrolled in self and
family coverage under this chapter, and has a member of
the family who is eligible to enroll in Medicare part A
and Medicare part B, may not continue coverage under
this chapter, unless--
``(i) the family member enrolls in Medicare
part A and Medicare part B during the special
enrollment period established under section
1837(m) of the Social Security Act; or
``(ii) the individual enrolls for self only
coverage under this chapter.
``(B) Family member becomes medicare eligible.--An
individual who, on the date of enactment of the 21st
Century Postal Service Act of 2011, is a Postal Service
Medicare eligible annuitant, is enrolled in self and
family coverage under this chapter, and has a member of
the family who becomes eligible to enroll in Medicare
part A and Medicare part B after that date, may not
continue coverage under this chapter, unless--
``(i) the family member enrolls in Medicare
part A and Medicare part B during the
applicable initial enrollment period under
section 1837 of the Social Security Act (42
U.S.C. 1395p); or
``(ii) the individual enrolls for self only
coverage under this chapter.
``(c) Enrollment Options.--
``(1) Establishment.--For contract years following the date
of enactment of the 21st Century Postal Service Act of 2011,
the Office shall establish enrollment options for health
benefits plans that are open only to Postal Service Medicare
eligible annuitants or family members of a Postal Service
Medicare eligible annuitants who continue coverage under this
chapter in accordance with subsection (b).
``(2) Enrollment requirement.--Any Postal Service Medicare
eligible annuitant or family member of a Postal Service
Medicare eligible annuitant who continues coverage under this
chapter in accordance with subsection (b) may only enroll in 1
of the enrollment options established under paragraph (1).
``(3) Value of coverage.--The Office shall ensure that the
aggregate actuarial value of coverage under the enrollment
options established under this subsection, in combination with
the value of coverage under Medicare part A and Medicare part
B, shall be not less than the actuarial value of the most
closely corresponding enrollment options available under
section 8905.
``(4) Enrollment options.--
``(A) In general.--The enrollment options
established under paragraph (1) shall include--
``(i) an individual option, for Postal
Service Medicare eligible annuitants subject to
subsection (b)(1);
``(ii) a self and family option, for Postal
Service Medicare eligible annuitants subject to
subsection (b)(1) and family members of Postal
Service Medicare eligible annuitants subject to
subsection (b)(2); and
``(iii) a self and family option, for
Postal Service Medicare eligible annuitants
subject to subsection (b)(1) and family members
of Postal Service Medicare eligible annuitants,
including family members not subject to
subsection (b)(2).
``(B) Specific sub-options.--The Office may
establish more specific enrollment options within the
types of options described under subparagraph (A).
``(5) Reduced premiums to account for medicare
coordination.--In determining the premiums for the enrollment
options under paragraph (4), the Office shall--
``(A) establish a separate claims pool for
individuals eligible for coverage under those options;
and
``(B) ensure that--
``(i) the premiums are reduced from the
premiums otherwise established under this
chapter to directly reflect the full cost
savings to the health benefits plans due to the
complete coordination of benefits with Medicare
part A and Medicare part B for Postal Service
Medicare eligible annuitants or family members
of Postal Service Medicare eligible annuitants
who continue coverage under this chapter; and
``(ii) the cost savings described under
clause (i) result solely in the reduction of--
``(I) the premiums paid by the
Postal Service Medicare eligible
annuitant; and
``(II) the Government contributions
paid by the Postal Service.
``(d) Conversion of Enrollment.--
``(1) In general.--For any individual who enrolls in
Medicare part A and Medicare part B in accordance with
subsection (b) other than during the special enrollment period
established under section 1837(m) of the Social Security Act,
coverage under this chapter shall be converted to coverage
under the applicable enrollment option established under
subsection (c) upon enrollment in Medicare part A and Medicare
part B.
``(2) Notification.--The Office shall provide reasonable
advance notice to any Postal Service Medicare eligible
annuitant or family member of any Postal Service Medicare
eligible annuitant that such annuitant or family member will
become subject to conversion of enrollment under paragraph (1).
``(e) Postal Service Consultation.--The Office shall establish the
enrollment options and premiums under this section in consultation with
the Postal Service.''.
(2) Technical and conforming amendments.--The table of
sections for chapter 89 of title 5, United States Code, is
amended by inserting after the item relating to section 8903b
the following:
``8903c. Postal Service Medicare eligible annuitants.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to contract years beginning 6 months
following the date of enactment of this Act.
(b) Special Enrollment Period for Postal Service Medicare Eligible
Annuitants.--
(1) Special enrollment period.--
(A) In general.--Section 1837 of the Social
Security Act (42 U.S.C. 1395p) is amended by adding at
the end the following new subsection:
``(m)(1) In the case of any individual who is a Postal Service
Medicare eligible annuitant (as defined in section 8903c(a) of title 5,
United States Code) at the time the individual is entitled to part A
under section 226(b) or section 226A and who is eligible to enroll but
who has elected not to enroll (or to be deemed enrolled) during the
individual's initial enrollment period, there shall be a special
enrollment period described in paragraph (2).
``(2) The special enrollment period described in this paragraph,
with respect to an individual is the 6-month period, beginning on the
first day of the month which includes the date of enactment of the 21st
Century Postal Service Act of 2011.
``(3) In the case of an individual who enrolls during the special
enrollment period provided under paragraph (1), the coverage period
under this part shall begin on the first day of the month in which the
individual enrolls.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply to elections made with
respect to initial enrollment periods that end after
the date of enactment of the 21st Century Postal
Service Act of 2011.
(2) Waiver of increase of premium.--Section 1839(b) of the
Social Security Act (42 U.S.C. 1395r(b)) is amended by striking
``(i)(4) or (l)'' and inserting ``(i)(4), (l), or (m)''.
SEC. 104. RESTRUCTURING OF PAYMENTS FOR RETIREE HEALTH BENEFITS.
(a) Contributions.--Section 8906(g)(2)(A) of title 5, United States
Code, is amended by striking ``through September 30, 2016, be paid by
the United States Postal Service, and thereafter shall'' and inserting
``after the date of enactment of the 21st Century Postal Service Act of
2011''.
(b) Postal Service Retiree Health Benefits Fund.--Section 8909a of
title 5, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (2)(B)--
(i) by striking ``2017'' and inserting
``2012''; and
(ii) by inserting after ``later, of'' the
following: ``80 percent of''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iii), by adding
``and'' at the end;
(II) in clause (iv), by striking
the semicolon at the end and inserting
a period; and
(III) by striking clauses (v)
through (x); and
(ii) in subparagraph (B), by striking
``2017'' and inserting ``2012''; and
(2) by adding at the end the following:
``(e) Subsections (a) through (d) shall be subject to section 105
of the 21st Century Postal Service Act of 2011.''.
SEC. 105. POSTAL SERVICE HEALTH BENEFITS PROGRAM.
(a) Definitions.--In this section--
(1) the term ``covered employee'' means an employee of the
Postal Service who is represented by a bargaining
representative recognized under section 1203 of title 39,
United States Code;
(2) the term ``Federal Employee Health Benefits Program''
means the health benefits program under chapter 89 of title 5,
United States Code; and
(3) the term ``Postal Service Health Benefits Program''
means the health benefits program that may be agreed to under
subsection (b)(1).
(b) Collective Bargaining.--
(1) In general.--Consistent with section 1005(f) of title
39, United States Code, the Postal Service may negotiate
jointly with all bargaining representatives recognized under
section 1203 of title 39, United States Code, and enter into a
joint collective bargaining agreement with those bargaining
representatives to establish the Postal Service Health Benefits
Program that satisfies the conditions under subsection (c). The
Postal Service and the bargaining representatives shall
negotiate in consultation with the Director of the Office of
Personnel Management.
(2) Arbitration limitation.--Notwithstanding chapter 12 of
title 39, United States Code, there shall not be arbitration of
any dispute in the negotiations under this subsection.
(3) Time limitation.--The authority under this subsection
shall extend until September 30, 2012.
(c) Postal Service Health Benefits Program.--The Postal Service
Health Benefits Program--
(1) shall--
(A) be available for participation by all covered
employees;
(B) provide adequate and appropriate health
benefits;
(C) be administered by the Postmaster General; and
(D) provide for transition of coverage under the
Federal Employee Health Benefits Program of covered
employees to coverage under the Postal Service Health
Benefits Program on January 1, 2013;
(2) may provide dental benefits; and
(3) may provide vision benefits.
(d) Agreement and Implementation.--If a joint agreement is reached
under subsection (b)--
(1) the Postal Service shall implement the Postal Service
Health Benefits Program;
(2) the Postal Service Health Benefits Program shall
constitute an agreement between the collective bargaining
representatives and the Postal Service for purposes of section
1005(f) of title 39, United States Code; and
(3) covered employees may not participate as employees in
the Federal Employees Health Benefits Program.
(e) Government Plan.--The Postal Service Health Benefits Program
shall be a government plan as that term is defined under section 3(32)
of Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(32)).
(f) Report.--Not later than June 30, 2013, the Postal Service shall
submit a report 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 that--
(1) reports on the implementation of this section; and
(2) requests any additional statutory authority that the
Postal Service determines is necessary to carry out the
purposes of this section.
SEC. 106. ARBITRATION; LABOR DISPUTES.
Section 1207(c)(2) of title 39, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking the last sentence and inserting ``The
arbitration board shall render a decision not later than 45
days after the date of its appointment.''; and
(3) by adding at the end the following:
``(B) In rendering a decision under this paragraph, the arbitration
board shall consider such relevant factors as--
``(i) the financial condition of the Postal Service;
``(ii) the requirements relating to pay and compensation
comparability under section 1003(a); and
``(iii) the policies of this title.''.
TITLE II--POSTAL SERVICES AND OPERATIONS
SEC. 201. POSTAL FACILITIES.
Section 404 of title 39, United States Code, is amended by adding
after subsection (e) the following:
``(f) Closing or Consolidation of Certain Postal Facilities.--
``(1) Postal facility.--In this subsection, the term
`postal facility' does not include--
``(A) any post office, station, or branch; or
``(B) any facility used only for administrative
functions.
``(2) Area mail processing study.--
``(A) New area mail processing studies.--After the
date of enactment of this subsection, before making a
determination under subsection (a)(3) as to the
necessity for the closing or consolidation of any
postal facility, the Postal Service shall--
``(i) conduct an area mail processing study
relating to that postal facility that includes
a plan to reduce the capacity of the postal
facility, but not close the postal facility;
``(ii) publish the study on the Postal
Service website; and
``(iii) publish a notice that the study is
complete and available to the public, including
on the Postal Service website.
``(B) Completed or ongoing area mail processing
studies.--
``(i) In general.--In the case of a postal
facility described in clause (ii), the Postal
Service shall--
``(I) consider a plan to reduce the
capacity of the postal facility, but
not close the post facility; and
``(II) publish the results of the
consideration under subclause (I) with
or as an amendment to the area mail
processing study relating to the postal
facility.
``(ii) Postal facilities.--A postal
facility described in this clause is a postal
facility for which, on or before the date of
enactment of this subsection--
``(I) an area mail processing study
that does not include a plan to reduce
the capacity of the postal facility,
but not close the facility, has been
completed or is in progress; and
``(II) a determination as to the
necessity for the closing or
consolidation of the postal facility
has not been made.
``(3) Notice; public comment; and public hearing.--If the
Postal Service makes a determination under subsection (a)(3) to
close or consolidate a postal facility, the Postal Service
shall--
``(A) provide notice of the determination to--
``(i) Congress; and
``(ii) the Postal Regulatory Commission;
``(B) provide adequate public notice of the
intention of the Postal Service to close or consolidate
the postal facility;
``(C) ensure that interested persons have an
opportunity to submit public comments during a 45-day
period after the notice of intention is provided under
subparagraph (B);
``(D) before that 45-day period provide for public
notice of that opportunity by--
``(i) publication on the Postal Service
website;
``(ii) posting at the affected postal
facility; and
``(iii) advertising the date and location
of the public community meeting under
subparagraph (E); and
``(E) during the 45-day period described under
subparagraph (C), conduct a public community meeting
that provides an opportunity for public comments to be
submitted verbally or in writing.
``(4) Further considerations.--Not earlier than 30 days
after the end of the 45-day period for public comment under
paragraph (3), the Postal Service, in making a determination
whether or not to close or consolidate a postal facility, shall
consider--
``(A) the views presented by interested persons
solicited under paragraph (3);
``(B) the effect of the closing or consolidation on
the affected community, including any disproportionate
impact the closure or consolidation may have on a
State, region, or locality;
``(C) the effect of the closing or consolidation on
the travel times and distances for affected customers
to access services under the proposed closing or
consolidation;
``(D) the effect of the closing or consolidation on
delivery times for all classes of mail;
``(E) any characteristics of certain geographical
areas, such as remoteness, broadband internet
availability, and weather-related obstacles to using
alternative facilities, that may result in the closing
or consolidation having a unique effect; and
``(F) any other factor the Postal Service
determines is necessary.
``(5) Justification statement.--Before the date on which
the Postal Service closes or consolidates a postal facility,
the Postal Service shall post on the Postal Service website a
closure or consolidation justification statement that
includes--
``(A) a response to all public comments received
with respect to the considerations described under
paragraph (4);
``(B) a description of the considerations made by
the Postal Service under paragraph (4); and
``(C) the actions that will be taken by the Postal
Service to mitigate any negative effects identified
under paragraph (4).
``(6) Closing or consolidation of postal facilities.--
``(A) In general.--Not earlier than the 15 days
after posting and publishing the final determination
and the justification statement under paragraph (6)
with respect to a postal facility, the Postal Service
may close or consolidate the postal facility.
``(B) Alternative intake of mail.--If the Postal
Service closes or consolidates a postal facility under
subparagraph (A), the Postal Service shall make
reasonable efforts to ensure continued mail receipt
from customers of the closed or consolidated postal
facility at the same location or at another appropriate
location in close geographic proximity to the closed or
consolidated postal facility.
``(7) Postal service website.--For purposes of any notice
required to be published on the Postal Service website under
this subsection, the Postal Service shall ensure that the
Postal Service website--
``(A) is updated routinely; and
``(B) provides any person, at the option of the
person, the opportunity to receive relevant updates by
electronic mail.''.
SEC. 202. ADDITIONAL POSTAL SERVICE PLANNING.
Section 302(d) of the Postal Accountability and Enhancement Act of
2006 (39 U.S.C. 3691 note) is amended--
(1) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(2) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively, and adjusting the
margins accordingly;
(3) in the matter preceding subparagraph (A), as so
redesignated, by striking ``shall include'' and inserting the
following: ``shall--
``(1) include''; and
(4) by adding at the end the following:
``(2) where possible, provide for an improvement in
customer access to postal services;
``(3) consider the impact of any decisions by the Postal
Service relating to the implementation of the plan on small
communities and rural areas; and
``(4) ensure that--
``(A) small communities and rural areas continue to
receive regular and effective access to retail postal
services after implementation of the plan; and
``(B) the Postal Service solicits community input
in accordance with applicable provisions of Federal
law.''.
SEC. 203. AREA AND DISTRICT OFFICE STRUCTURE.
(a) Plan Required.--Not later than 1 year after the date of
enactment of this Act, the Postal Service shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Governmental Reform of the House of
Representatives--
(1) a comprehensive strategic plan to govern decisions
relating to area and district office structure that considers
efficiency, costs, redundancies, mail volume, technological
advancements, operational considerations, and other issues that
may be relevant to establishing an effective area and district
office structure; and
(2) a 10-year plan, including a timetable, that provides
for consolidation of area and district offices wherever the
Postal Service determines a consolidation would--
(A) be cost-effective; and
(B) not substantially and adversely affect the
operations of the Postal Service.
(b) Consolidation.--Beginning not later than 1 year after the date
of enactment of this Act, the Postal Service shall, consistent with the
plans required under subsection (a)--
(1) consolidate district offices that are located within 50
miles of each other;
(2) consolidate area and district offices that have less
than the mean mail volume and number of work hours for all area
and district offices; and
(3) relocate area offices to headquarters.
(c) Updates.--The Postal Service shall update the plans required
under subsection (a) not less frequently than once every 5 years.
SEC. 204. RETAIL SERVICE STANDARDS.
(a) Establishment of Service Standards.--Not later than 1 year
after the date of enactment of this Act, the Postal Service shall
exercise its authority under section 3691 of title 39, United States
Code, to establish service standards for market-dominant products in
order to guarantee customers of the Postal Service regular and
effective access to retail postal services nationwide (including in
territories and possessions of the United States) on a reasonable
basis.
(b) Contents.--The service standards established under subsection
(a) shall--
(1) be consistent with--
(A) the obligations of the Postal Service under
section 101(b) of title 39, United States Code; and
(B) the contents of the plan developed under
section 302 of the Postal Accountability and
Enhancement Act of 2006 (39 U.S.C. 3691 note), as
amended by section 202 of this Act; and
(2) take into account factors including--
(A) geography, including the establishment of
standards for the proximity of retail postal services
to postal customers, including a consideration of the
reasonable maximum time a postal customer should expect
to travel to access a postal retail location;
(B) population, including population density,
demographic factors such as the age and disability
status of individuals in the area to be served by a
location providing postal retail services, and other
factors that may impact the ability of postal
customers, including businesses, to travel to a postal
retail location;
(C) the feasibility of offering retail access to
postal services in addition to post offices, as
described in section 302(d) of the Postal
Accountability and Enhancement Act of 2006 (39 U.S.C.
3691 note); and
(D) the requirement that the Postal Service serve
remote areas and communities with transportation
challenges, including communities in which the effects
of inclement weather or other natural conditions might
obstruct or otherwise impede access to retail postal
services.
SEC. 205. CONVERSION OF DOOR DELIVERY POINTS.
(a) In General.--Subchapter VII of chapter 36 of title 39, United
States Code, is amended by adding at the end the following:
``Sec. 3692. Conversion of door delivery points
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Centralized delivery point.--The term `centralized
delivery point' means a group or cluster of mail receptacles at
1 delivery point that is within reasonable proximity of the
street address associated with the delivery point.
``(2) Curbline delivery point.--The term `curbline delivery
point' means a delivery point that is--
``(A) adjacent to the street address associated
with the delivery point; and
``(B) accessible by vehicle on a street that is not
a private driveway.
``(3) Door delivery point.--The term `door delivery point'
means a delivery point at a door of the structure at a street
address.
``(4) Sidewalk delivery point.--The term `sidewalk delivery
point' means a delivery point on a sidewalk adjacent to the
street address associated with the delivery point.
``(b) Conversion.--Except as provided in subsection (c), not later
than September 30, 2015, in accordance with standards established by
the Postal Service, the Postal Service may, where feasible, convert
door delivery points to--
``(1) curbline delivery points;
``(2) sidewalk delivery points; or
``(3) centralized delivery points.
``(c) Exceptions.--
``(1) Continued door delivery.--The Postal Service may
allow for the continuation of door delivery due to--
``(A) a physical hardship of a customer;
``(B) weather, in a geographic area where snow
removal efforts could obstruct access to mailboxes near
a road;
``(C) circumstances in an urban area that preclude
efficient use of curbside delivery points;
``(D) other exceptional circumstances, as
determined in accordance with regulations issued by the
Postal Service; or
``(E) other circumstances in which the Postal
Service determines that alternatives to door delivery
would not be practical or cost effective.
``(2) New door delivery points.--The Postal Service may
provide door delivery to a new delivery point in a delivery
area that received door delivery on the day before the date of
enactment of this section, if the delivery point is established
before the delivery area is converted from door delivery under
subsection (b).
``(d) Solicitation of Comments.--The Postal Service shall establish
procedures to solicit, consider, and respond to input from individuals
affected by a conversion under this section.
``(e) Review.--Subchapter V of this chapter shall not apply with
respect to any action taken by the Postal Service under this section.
``(f) Report.--Not later than 60 days after the end of each fiscal
year through fiscal year 2015, the Postal Service shall submit to
Congress and the Inspector General of the Postal Service a report on
the implementation of this section during the preceding fiscal year
that--
``(1) includes the number of door delivery points--
``(A) that existed at the end of the fiscal year
preceding the preceding fiscal year;
``(B) that existed at the end of the preceding
fiscal year;
``(C) that, during the preceding fiscal year,
converted to--
``(i) curbline delivery points or sidewalk
delivery points;
``(ii) centralized delivery points; and
``(iii) any other type of delivery point;
and
``(D) for which door delivery was continued under
subsection (c)(1);
``(2) estimates the cost savings from the conversions from
door delivery that occurred during the preceding fiscal year;
``(3) describes the progress of the Postal Service toward
achieving the requirements under subsection (b); and
``(4) provides such additional information as the Postal
Service considers appropriate.''.
(b) Clerical Amendment.--The table of sections for subchapter VII
of chapter 36 of title 39, United States Code, is amended by adding at
the end the following:
``3692. Conversion of door delivery points.''.
SEC. 206. LIMITATIONS ON CHANGES TO MAIL DELIVERY SCHEDULE.
(a) Limitation on Change in Schedule.--Notwithstanding any other
provision of law--
(1) the Postal Service may not establish a general,
nationwide 5-day-per-week delivery schedule to street addresses
under the authority of the Postal Service under section 3691 of
title 39, United States Code, earlier than the date that is 24
months after the date of enactment of this Act; and
(2) on or after the date that is 24 months after the date
of enactment of this Act, the Postal Service may establish a
general, nationwide 5-day-per-week delivery schedule to street
addresses under the authority of the Postal Service under
section 3691 of title 39, United States Code, only in
accordance with the requirements and limitations under this
section.
(b) Preconditions.--If the Postal Service intends to establish a
change in delivery schedule under subsection (a)(2), the Postal Service
shall--
(1) identify customers and communities for whom the change
may have a disproportionate, negative impact, including the
customers identified as ``particularly affected'' in the
Advisory Opinion on Elimination of Saturday Delivery issued by
the Commission on March 24, 2011;
(2) develop, to the maximum extent possible, measures to
ameliorate any disproportionate, negative impact the change
would have on customers and communities identified under
paragraph (1), including, where appropriate, providing or
expanding access to mailboxes for periodical mailers on days on
which the Postal Service does not provide delivery;
(3) implement measures to increase revenue and reduce
costs, including the measures authorized under the amendments
made by sections 101, 102, 103, 104, 204, and 208 of this Act;
(4) evaluate whether any increase in revenue or reduction
in costs resulting from the measures implemented under
paragraph (3) are sufficient to allow the Postal Service,
without implementing a change in delivery schedule under
subsection (a), to--
(A) become profitable by fiscal year 2015; and
(B) achieve long-term financial solvency; and
(5) not earlier than 15 months after the date of enactment
of this Act and not later than 9 months before the effective
date proposed by the Postal Service for the change, submit a
report on the steps the Postal Service has taken to carry out
this subsection to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives;
(B) the Comptroller General of the United States;
and
(C) the Commission.
(c) Review.--
(1) Government accountability office.--Not later than 3
months after the date on which the Postal Service submits a
report under subsection (b)(5), the Comptroller General shall
submit to the Commission and 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 a report that contains findings relating to
each of the following:
(A) Whether the Postal Service has adequately
complied with subsection (b)(3), taking into
consideration the statutory authority of and
limitations on the Postal Service.
(B) The accuracy of any statement by the Postal
Service that the measures implemented under subsection
(b)(3) have increased revenues or reduced costs, and
the accuracy of any projection by the Postal Service
relating to increased revenue or reduced costs
resulting from the measures implemented under
subsection (b)(3).
(C) The adequacy and methodological soundness of
any evaluation conducted by the Postal Service under
subsection (b)(4) that led the Postal Service to assert
the necessity of a change in delivery schedule under
subsection (a)(2).
(D) Whether, based on an analysis of the measures
implemented by the Postal Service to increase revenues
and reduce costs, projections of increased revenue and
cost savings, and the details of the profitability plan
required under section 401, a change in delivery
schedule is necessary to allow the Postal Service to--
(i) become profitable by fiscal year 2015;
and
(ii) achieve long-term financial solvency.
(2) Postal regulatory commission.--
(A) Request.--Not later than 6 months before the
proposed effective date of a change in delivery
schedule under subsection (a), the Postal Service shall
submit to the Commission a request for an advisory
opinion relating to the change.
(B) Advisory opinion.--
(i) In general.--The Commission shall--
(I) issue an advisory opinion with
respect to a request under subparagraph
(A), in accordance with the time limits
for the issuance of advisory opinions
under section 3661(b)(2) of title 39,
United States Code, as amended by this
Act; and
(II) submit the advisory opinion 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.
(ii) Required determinations.--An advisory
opinion under clause (i) shall determine--
(I) whether the measures developed
under subsection (b)(2) ameliorate any
disproportionate, negative impact that
a change in schedule may have on
customers and communities identified
under subsection (b)(1); and
(II) based on the report submitted
by the Comptroller General under
paragraph (1)--
(aa) whether the Postal
Service has implemented
measures to reduce operating
losses as required under
subsection (b)(3);
(bb) whether the
implementation of the measures
described in item (aa) has
increased revenues or reduced
costs, or is projected to
further increase revenues or
reduce costs in the future; and
(cc) whether a change in
schedule under subsection
(a)(2) is necessary to allow
the Postal Service to--
(AA) become
profitable by fiscal
year 2015; and
(BB) achieve long-
term financial
solvency.
(3) Prohibition on implementation of change in schedule.--
The Postal Service may not implement a change in delivery
schedule under subsection (a)(2)--
(A) before the date on which the Comptroller
General submits the report required under paragraph
(1); and
(B) unless the Commission determines under
paragraph (2)(B)(ii)(II)(cc) that the Comptroller
General has concluded that the change is necessary to
allow the Postal Service to become profitable by fiscal
year 2015 and to achieve long-term financial solvency,
without regard to whether the Commission determines
that the change is advisable.
(d) Additional Limitations.--
(1) Rules of construction.--Nothing in this subsection
shall be construed to--
(A) authorize the reduction, or require an
increase, in delivery frequency for any route for which
the Postal Service provided delivery on fewer than 6
days per week on the date of enactment of this Act;
(B) authorize any change in--
(i) the days and times that postal retail
service or any mail acceptance is available; or
(ii) the locations at which postal retail
service or mail acceptance occurs;
(C) authorize any change in the frequency of
delivery to a post office box;
(D) prohibit the collection or delivery of a
competitive mail product on a weekend or a recognized
Federal holiday; or
(E) prohibit the Postal Service from exercising its
authority to make changes to processing or retail
networks.
(2) Prohibition on consecutive days without mail
delivery.--The Postal Service shall ensure that, under any
change in schedule under subsection (a)(2), at no time shall
there be more than 2 consecutive days without mail delivery to
street addresses, including recognized Federal holidays.
SEC. 207. TIME LIMITS FOR CONSIDERATION OF SERVICE CHANGES.
Section 3661 of title 39, United States Code, is amended by
striking subsections (b) and (c) and inserting the following:
``(b) Proposed Changes for Market-Dominant Products.--
``(1) Submission of proposal.--If the Postal Service
determines that there should be a change in the nature of
postal services relating to market-dominant products that will
generally affect service on a nationwide or substantially
nationwide basis, the Postal Service shall submit a proposal to
the Postal Regulatory Commission requesting an advisory opinion
on the change.
``(2) Advisory opinion.--Upon receipt of a proposal under
paragraph (1), the Postal Regulatory Commission shall--
``(A) provide an opportunity for public comment on
the proposal; and
``(B) issue an advisory opinion not later than--
``(i) 90 days after the date on which the
Postal Regulatory Commission receives the
proposal; or
``(ii) a date that the Postal Regulatory
Commission and the Postal Service may, not
later than 1 week after the date on which the
Postal Regulatory Commission receives the
proposal, determine jointly.
``(3) Response to opinion.--The Postal Service shall submit
to the President and to Congress a response to the advisory
opinion issued under paragraph (2), including any
recommendations contained therein.
``(4) Action on proposal.--The Postal Service may take
action regarding a proposal submitted under paragraph (1)--
``(A) on or after the date that is 30 days after
the date on which the Postal Service submits the
response required under paragraph (3);
``(B) on or after a date that the Postal Regulatory
Commission and the Postal Service may, not later than 1
week after the date on which the Postal Regulatory
Commission receives a proposal under paragraph (2),
determine jointly; or
``(C) after the date described in paragraph (2)(B),
if--
``(i) the Postal Regulatory Commission
fails to issue an advisory opinion on or before
the date described in paragraph (2)(B); and
``(ii) the action is not otherwise
prohibited under Federal law.
``(5) Modification of timeline.--At any time, the Postal
Service and the Postal Regulatory Commission may jointly
redetermine a date determined under paragraph (2)(B)(ii) or
(4)(B).''.
SEC. 208. PUBLIC PROCEDURES FOR SIGNIFICANT CHANGES TO MAILING
SPECIFICATIONS.
(a) Notice and Opportunity for Comment Required.--Effective on the
date on which the Postal Service issues a final rule under subsection
(c), before making a change to mailing specifications that could pose a
significant burden to the customers of the Postal Service and that is
not reviewed by the Commission, the Postal Service shall--
(1) publish a notice of the proposed change to the
specification in the Federal Register;
(2) provide an opportunity for the submission of written
comments concerning the proposed change for a period of not
less than 30 days;
(3) after considering any comments submitted under
paragraph (2) and making any modifications to the proposed
change that the Postal Service determines are necessary,
publish--
(A) the final change to the specification in the
Federal Register;
(B) responses to any comments submitted under
paragraph (2); and
(C) an analysis of the financial impact that the
proposed change would have on--
(i) the Postal Service; and
(ii) the customers of the Postal Service
that would be affected by the proposed change;
and
(4) establish an effective date for the change to mailing
specifications that is not earlier than 30 days after the date
on which the Postal Service publishes the final change under
paragraph (3).
(b) Exception for Good Cause.--If the Postal Service determines
that there is an urgent and compelling need for a change to a mailing
specification described in subsection (a) in order to avoid
demonstrable harm to the operations of the Postal Service or to the
public interest, the Postal Service may--
(1) change the mailing specifications by--
(A) issuing an interim final rule that--
(i) includes a finding by the Postal
Service that there is good cause for the
interim final rule;
(ii) provides an opportunity for the
submission of written comments on the interim
final rule for a period of not less than 30
days; and
(iii) establishes an effective date for the
interim final rule that is not earlier than 30
days after the date on which the interim final
rule is issued; and
(B) publishing in the Federal Register a response
to any comments submitted under subparagraph (A)(ii);
and
(2) waive the requirement under paragraph (1)(A)(iii) or
subsection (a)(4).
(c) Rules Relating to Notice and Comment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Postal Service shall issue rules
governing the provision of notice and opportunity for comment
for changes in mailing specifications under subsection (a).
(2) Rules.--In issuing the rules required under paragraph
(1), the Postal Service shall--
(A) publish a notice of proposed rulemaking in the
Federal Register that includes proposed definitions of
the terms ``mailing specifications'' and ``significant
burden'';
(B) provide an opportunity for the submission of
written comments concerning the proposed change for a
period of not less than 30 days; and
(C) publish--
(i) the rule in final form in the Federal
Register; and
(ii) responses to the comments submitted
under subparagraph (B).
SEC. 209. NONPOSTAL PRODUCTS AND SERVICES.
(a) In General.--Section 404 of title 39, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) after the date of enactment of the 21st Century
Postal Service Act of 2011, and except as provided in
subsection (e), to provide other services that are not postal
services, after the Postal Regulatory Commission--
``(A) makes a determination that the provision of
such services--
``(i) uses the processing, transportation,
delivery, retail network, or technology of the
Postal Service;
``(ii) is consistent with the public
interest and a demonstrated or potential public
demand for--
``(I) the Postal Service to provide
the services instead of another entity
providing the services; or
``(II) the Postal Service to
provide the services in addition to
another entity providing the services;
``(iii) would not create unfair competition
with the private sector; and
``(iv) 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
``(B) for services that the Postal Regulatory
Commission determines meet the criteria under
subparagraph (A), classifies each such service as a
market-dominant product, competitive product,
experimental product, or new product, as required under
chapter 36 of title 39, United States Code;''; and
(2) in subsection (e)(2), by striking ``Nothing'' and all
that follows through ``except that the'' and inserting ``The''.
(b) Market Analysis.--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)(iv) 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.
TITLE III--FEDERAL EMPLOYEES' COMPENSATION ACT
SEC. 301. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the ``Workers'
Compensation Reform Act of 2011''.
(b) References.--Except as otherwise expressly provided, whenever
in this title an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 5, United States Code.
SEC. 302. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT-AGE
EMPLOYEES.
(a) Conversion of Entitlement at Retirement Age.--
(1) Definitions.--Section 8101 is amended
(A) in paragraph (18), by striking ``and'' at the
end;
(B) in paragraph (19), by striking ``and'' at the
end;
(C) in paragraph (20), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(21) `retirement age' has the meaning given that term
under section 216(l)(1) of the Social Security Act (42 U.S.C.
416(l)(1));
``(22) `covered claim for total disability' means a claim
for a period of total disability that commenced before the date
of enactment of the Workers' Compensation Reform Act of 2011;
``(23) `covered claim for partial disability' means a claim
for a period of partial disability that commenced before the
date of enactment of the Workers' Compensation Reform Act of
2011; and
``(24) `individual who has an exempt disability condition'
means an individual--
``(A) who--
``(i) is eligible to receive continuous
periodic compensation for total disability
under section 8105 on the date of enactment of
the Workers' Compensation Reform Act of 2011;
and
``(ii) meets the criteria under 8105(c);
``(B) who, on the date of enactment of the Workers'
Compensation Reform Act of 2011--
``(i) is eligible to receive continuous
periodic compensation for total disability
under section 8105; and
``(ii) has sustained a currently
irreversible severe mental or physical
disability for which the Secretary of Labor has
authorized, for at least the 1 year period
ending on the date of enactment of the Workers'
Compensation Reform Act of 2011, constant in-
home care or custodial care, such as in
placement in a nursing home; or
``(C) who is eligible to receive continuous
periodic compensation for total disability under
section 8105--
``(i) for not less than the 3-year period
ending on the date of enactment of the Workers'
Compensation Reform Act of 2011; or
``(ii) if the individual became eligible to
receive continuous periodic compensation for
total disability under section 8105 during the
period beginning on the date that is 3 years
before the date of enactment of the Workers'
Compensation Reform Act of 2011 and ending on
such date of enactment, for not less than the
3-year period beginning on the date on which
the individual became eligible.''.
(2) Total disability.--Section 8105 is amended--
(A) in subsection (a), by striking ``If'' and
inserting ``In General.--Subject to subsection (b),
if'';
(B) by redesignating subsection (b) as subsection
(c); and
(C) by inserting after subsection (a) the
following:
``(b) Conversion of Entitlement at Retirement Age.--
``(1) In general.--Except as provided in paragraph (2), the
basic compensation for total disability for an employee who has
attained retirement age shall be 50 percent of the monthly pay
of the employee.
``(2) Exceptions.--
``(A) Covered recipients who are retirement age or
have an exempt disability condition.--Paragraph (1)
shall not apply to a covered claim for total disability
by an employee if the employee--
``(i) on the date of enactment of the
Workers' Compensation Reform Act of 2011, has
attained retirement age; or
``(ii) is an individual who has an exempt
disability condition.
``(B) Transition period for certain employees.--For
a covered claim for total disability by an employee who
is not an employee described in subparagraph (A), the
employee shall receive the basic compensation for total
disability provided under subsection (a) until the
later of--
``(i) the date on which the employee
attains retirement age; and
``(ii) the date that is 3 years after the
date of enactment of the Workers' Compensation
Reform Act of 2011.''.
(3) Partial disability.--Section 8106 is amended--
(A) in subsection (a), by striking ``If'' and
inserting ``In General.--Subject to subsection (b),
if'';
(B) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(C) by inserting after subsection (a) the
following:
``(b) Conversion of Entitlement at Retirement Age.--
``(1) In general.--Except as provided in paragraph (2), the
basic compensation for partial disability for an employee who
has attained retirement age shall be 50 percent of the
difference between the monthly pay of the employee and the
monthly wage-earning capacity of the employee after the
beginning of the partial disability.
``(2) Exceptions.--
``(A) Covered recipients who are retirement age.--
Paragraph (1) shall not apply to a covered claim for
partial disability by an employee if, on the date of
enactment of the Workers' Compensation Reform Act of
2011, the employee has attained retirement age.
``(B) Transition period for certain employees.--For
a covered claim for partial disability by an employee
who is not an employee described in subparagraph (A),
the employee shall receive basic compensation for
partial disability in accordance with subsection (a)
until the later of--
``(i) the date on which the employee
attains retirement age; and
``(ii) the date that is 3 years after the
date of enactment of the Workers' Compensation
Reform Act of 2011.''.
SEC. 303. AUGMENTED COMPENSATION FOR DEPENDENTS.
(a) In General.--Section 8110 is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Termination of Augmented Compensation.--
``(1) In general.--Subject to paragraph (2), augmented
compensation for dependants under subsection (c) shall not be
provided.
``(2) Exceptions.--
``(A) Total disability.--For a covered claim for
total disability by an employee--
``(i) the employee shall receive augmented
compensation under subsection (c) if the
employee is an individual who has an exempt
disability condition; and
``(ii) the employee shall receive augmented
compensation under subsection (c) until the
date that is 3 years after the date of
enactment of the Workers' Compensation Reform
Act of 2011 if the employee is not an employee
described in clause (i).
``(B) Partial disability.--For a covered claim for
partial disability by an employee, the employee shall
receive augmented compensation under subsection (c)
until the date that is 3 years after the date of
enactment of the Workers' Compensation Reform Act of
2011.
``(C) Permanent disability compensated by a
schedule.--For a claim for a permanent disability
described in section 8107(a) by an employee that
commenced before the date of enactment of the Workers'
Compensation Reform Act of 2011, the employee shall
receive augmented compensation under subsection (c).''.
(b) Maximum and Minimum Monthly Payments.--Section 8112 is
amended--
(1) in subsection (a)--
(A) by inserting ``subsections (b) and (c) and''
before ``section 8138'';
(B) by striking ``including augmented compensation
under section 8110 of this title but''; and
(C) by striking ``75 percent'' each place it
appears and inserting ``66\2/3\ percent'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Exceptions.--
``(1) Covered disability condition.--For a covered claim
for total disability by an employee, if the employee is an
individual who has an exempt disability condition--
``(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum
monthly amounts under subsection (a) shall include any
augmented compensation under section 8110; and
``(B) subsection (a) shall be applied by
substituting `75 percent' for `66\2/3\ percent' each
place it appears.
``(2) Partial disability.--For a covered claim for partial
disability by an employee, until the date that is 3 years after
the date of enactment of the Workers' Compensation Reform Act
of 2011--
``(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum
monthly amounts under subsection (a) shall include any
augmented compensation under section 8110; and
``(B) subsection (a) shall be applied by
substituting `75 percent' for `66\2/3\ percent' each
place it appears.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a)'' and inserting ``subsections (a) and
(b)''.
(c) Death Benefits Generally.--Section 8133 is amended--
(1) in subsections (a) and (e), by striking ``75 percent''
each place it appears and inserting ``66\2/3\ percent (except
as provided in subsection (g))''; and
(2) by adding at the end the following:
``(g) If the death occurred before the date of enactment of the
Workers' Compensation Reform Act of 2011, subsections (a) and (e) shall
be applied by substituting `75 percent' for `66\2/3\ percent' each
place it appears.''.
(d) Death Benefits for Civil Air Patrol Volunteers.--Section 8141
is amended--
(1) in subsection (b)(2)(B) by striking ``75 percent'' and
inserting ``66\2/3\ percent (except as provided in subsection
(c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) If the death occurred before the date of enactment of the
Workers' Compensation Reform Act of 2011, subsection (b)(2)(B) shall be
applied by substituting `75 percent' for `66\2/3\ percent'.''.
SEC. 304. SCHEDULE COMPENSATION PAYMENTS.
Section 8107 is amended--
(1) in subsection (a), by striking ``at the rate of 66 2/3
percent of his monthly pay'' and inserting ``at the rate
specified under subsection (d)''; and
(2) by adding at the end the following:
``(d) Rate for Compensation.--
``(1) Annual salary.--
``(A) In general.--Except as provided in paragraph
(2), the rate under subsection (a) shall be the rate of
66\2/3\ percent of the annual salary level established
under subparagraph (B), in a lump sum equal to the
present value (as calculated under subparagraph (C)) of
the amount of compensation payable under the schedule.
``(B) Establishment.--
``(i) In general.--The Secretary of Labor
shall establish an annual salary for purposes
of subparagraph (A) in the amount the Secretary
determines will result in the aggregate cost of
payments made under this section being equal to
what would have been the aggregate cost of
payments under this section if the amendments
made by section 304(a) of the Workers'
Compensation Reform Act of 2011 had not been
enacted.
``(ii) Cost of living adjustment.--The
annual salary established under clause (i)
shall be increased on March 1 of each year by
the amount determined by the Secretary of Labor
to represent the percent change in the price
index published for December of the preceding
year over the price index published for the
December of the year prior to the preceding
year, adjusted to the nearest one-tenth of 1
percent.
``(C) Present value.--The Secretary of Labor shall
calculate the present value for purposes of
subparagraph (A) using a rate of interest equal to the
average market yield for outstanding marketable
obligations of the United States with a maturity of 2
years on the first business day of the month in which
the compensation is paid or, in the event that such
marketable obligations are not being issued on such
date, at an equivalent rate selected by the Secretary
of Labor, true discount compounded annually.
``(2) Certain injuries.--For an injury that occurred before
the date of enactment of the Workers' Compensation Reform Act
of 2011, the rate under subsection (a) shall be 66\2/3\ percent
of the employee's monthly pay.
``(e) Simultaneous Receipt.--
``(1) Total disability.--An employee who receives
compensation for total disability under section 8105 may only
receive the lump sum of schedule compensation under this
section in addition to and simultaneously with the benefits for
total disability after the later of--
``(A) the date on which the basic compensation for
total disability of the employee becomes 50 percent of
the monthly pay of the employee under section 8105(b);
or
``(B) the date on which augmented compensation of
the employee terminates under section
8110(b)(2)(A)(ii), if the employee receives such
compensation.
``(2) Partial disability.--An employee who receives
benefits for partial disability under section 8106 may only
receive the lump sum of schedule compensation under this
section in addition to and simultaneously with the benefits for
partial disability after the later of--
``(A) the date on which the basic compensation for
partial disability of the employee becomes 50 percent
of the difference between the monthly pay of the
employee and the monthly wage-earning capacity of the
employee after the beginning of the partial disability
under section 8106(b); or
``(B) the date on which augmented compensation of
the employee terminates under section 8110(b)(2)(B), if
the employee receives such compensation.''.
SEC. 305. VOCATIONAL REHABILITATION.
(a) In General.--Section 8104 is amended--
(1) in subsection (a)--
(A) by striking ``(a) The Secretary of Labor may''
and all that follows through ``undergo vocational
rehabilitation.'' and inserting the following:
``(a) In General.--
``(1) Direction.--Except as provided in paragraph (2), not
earlier than the date that is 6 months after the date on which
an individual eligible for wage-loss compensation under section
8105 or 8106 is injured, or by such other date as the Secretary
of Labor determines it would be reasonable under the
circumstances for the individual to begin vocational
rehabilitation, and if vocational rehabilitation may enable the
individual to become capable of more gainful employment, the
Secretary of Labor shall direct the individual to participate
in developing a comprehensive return to work plan and to
undergo vocational rehabilitation at a location a reasonable
distance from the residence of the individual.'';
(B) by striking ``the Secretary of Health,
Education, and Welfare in carrying out the purposes of
chapter 4 of title 29'' and inserting ``the Secretary
of Education in carrying out the purposes of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)'';
(C) by striking ``under section 32(b)(1) of title
29'' and inserting ``under section 5 of the
Rehabilitation Act of 1973 (29 U.S.C. 704)''; and
(D) by adding at the end the following:
``(2) Exception.--The Secretary of Labor may not direct an
individual who has attained retirement age to participate in
developing a comprehensive return to work plan or to undergo
vocational rehabilitation.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Contents of Return to Work Plan.--A return to work plan
developed under subsection (a)--
``(1) shall--
``(A) set forth specific measures designed to
increase the wage-earning capacity of an individual;
``(B) take into account the prior training and
education of the individual and the training,
educational, and employment opportunities reasonably
available to the individual; and
``(C) provide that any employment undertaken by the
individual under the return to work plan be at a
location a reasonable distance from the residence of
the individual;
``(2) may provide that the Secretary will pay out of
amounts in the Employees' Compensation Fund reasonable expenses
of vocational rehabilitation (which may include tuition, books,
training fees, supplies, equipment, and child or dependent
care) during the course of the plan; and
``(3) may not be for a period of more than 2 years, unless
the Secretary finds good cause to grant an extension, which may
be for not more than 2 years.'';
(4) in subsection (c), as so redesignated--
(A) by inserting ``Compensation.--'' before
``Notwithstanding''; and
(B) by striking ``, other than employment
undertaken pursuant to such rehabilitation''; and
(5) by adding at the end the following:
``(d) Assisted Reemployment Agreements.--
``(1) In general.--The Secretary may enter into an assisted
reemployment agreement with an agency or instrumentality of any
branch of the Federal Government or a State or local government
or a private employer that employs an individual eligible for
wage-loss compensation under section 8105 or 8106 to enable the
individual to return to productive employment.
``(2) Contents.--An assisted reemployment agreement under
paragraph (1)--
``(A) may provide that the Secretary will use
amounts in the Employees' Compensation Fund to
reimburse an employer in an amount equal to not more
than 100 percent of the compensation the individual
would otherwise receive under section 8105 or 8106; and
``(B) may not be for a period of more than 3 years.
``(e) List.--To facilitate the hiring of individuals eligible for
wage-loss compensation under section 8105 or 8106, the Secretary shall
provide a list of such individuals to the Office of Personnel
Management, which the Office of Personnel Management shall provide to
all agencies and instrumentalities of the Federal Government.''.
(b) Termination of Vocational Rehabilitation Requirement After
Retirement Age.--Section 8113(b) is amended by adding at the end the
following: ``An individual who has attained retirement age may not be
required to undergo vocational rehabilitation.''.
(c) Mandatory Benefit Reduction for Noncompliance.--Section 8113(b)
is amended by striking ``may reduce'' and inserting ``shall reduce''.
(d) Technical and Conforming Amendments.--
(1) In general.--Subchapter III of chapter 15 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 1538. Authorization for assisted reemployment
``Funds may be transferred from the Employees' Compensation Fund
established under section 8147 of title 5 to the applicable
appropriations account for an agency or instrumentality of any branch
of the Federal Government for the purposes of reimbursing the agency or
instrumentality in accordance with an assisted reemployment agreement
entered into under section 8104 of title 5.''.
(2) Table of sections.--The table of sections for chapter
15 of title 31, United States Code, is amended by inserting
after the item relating to section 1537 the following:
``1538. Authorization for assisted reemployment.''.
SEC. 306. REPORTING REQUIREMENTS.
(a) In General.--Chapter 81 is amended by inserting after section
8106 the following:
``Sec. 8106a. Reporting requirements
``(a) Definition.--In this section, the term `employee receiving
compensation' means an employee who--
``(1) is paid compensation under section 8105 or 8106; and
``(2) has not attained retirement age.
``(b) Authority.--The Secretary of Labor shall require an employee
receiving compensation to report the earnings of the employee receiving
compensation from employment or self-employment, by affidavit or
otherwise, in the manner and at the times the Secretary specifies.
``(c) Contents.--An employee receiving compensation shall include
in a report required under subsection (a) the value of housing, board,
lodging, and other advantages which are part of the earnings of the
employee receiving compensation in employment or self-employment and
the value of which can be estimated.
``(d) Failure To Report and False Reports.--
``(1) In general.--An employee receiving compensation who
fails to make an affidavit or other report required under
subsection (b) or who knowingly omits or understates any part
of the earnings of the employee in such an affidavit or other
report shall forfeit the right to compensation with respect to
any period for which the report was required.
``(2) Forfeited compensation.--Compensation forfeited under
this subsection, if already paid to the employee receiving
compensation, shall be recovered by a deduction from the
compensation payable to the employee or otherwise recovered
under section 8129, unless recovery is waived under that
section.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 81 is amended by inserting after the item relating to section
8106 the following:
``8106a. Reporting requirements.''.
SEC. 307. DISABILITY MANAGEMENT REVIEW; INDEPENDENT MEDICAL
EXAMINATIONS.
Section 8123 is amended by adding at the end the following:
``(e) Disability Management Review.--
``(1) Definitions.--In this subsection--
``(A) the term `covered employee' means an employee
who is in continuous receipt of compensation for total
disability under section 8105 for a period of not less
than 6 months; and
``(B) the term `disability management review
process' means the disability management review process
established under paragraph (2)(A).
``(2) Establishment.--The Secretary of Labor shall--
``(A) establish a disability management review
process for the purpose of certifying and monitoring
the disability status and extent of injury of each
covered employee; and
``(B) promulgate regulations for the administration
of the disability management review process.
``(3) Physical examinations required.--Under the disability
management review process, the Secretary of Labor shall
periodically require covered employees to submit to physical
examinations under subsection (a) by physicians selected by the
Secretary. A physician conducting a physical examination of a
covered employee shall submit to the Secretary a report
regarding the nature and extent of the injury to and disability
of the covered employee.
``(4) Frequency.--
``(A) In general.--The regulations promulgated
under paragraph (2)(B) shall specify the process and
criteria for determining when and how frequently a
physical examination should be conducted for a covered
employee.
``(B) Minimum frequency.--
``(i) Initial.--An initial physical
examination shall be conducted not more than a
brief period after the date on which a covered
employee has been in continuous receipt of
compensation for total disability under section
8015 for 6 months.
``(ii) Subsequent examinations.--After the
initial physical examination, physical
examinations of a covered employee shall be
conducted not less than once every 3 years.
``(5) Employing agency or instrumentality requests.--
``(A) In general.--The agency or instrumentality
employing an employee who has made a claim for
compensation for total disability under section 8105
may at any time submit a request for the Secretary of
Labor to promptly require the employee to submit to a
physical examination under this subsection.
``(B) Requesting officer.--A request under
subparagraph (A) shall be made on behalf of an agency
or instrumentality by--
``(i) the head of the agency or
instrumentality;
``(ii) the Chief Human Capital Officer of
the agency or instrumentality; or
``(iii) if the agency or instrumentality
does not have a Chief Human Capital Officer, an
officer with responsibilities similar to those
of a Chief Human Capital Officer designated by
the head of the agency or instrumentality to
make requests under this paragraph.
``(C) Information.--A request under subparagraph
(A) shall be in writing and accompanied by--
``(i) a certification by the officer making
the request that the officer has reviewed the
relevant material in the employee's file;
``(ii) an explanation of why the officer
has determined, based on the materials in the
file and other information known to the
officer, that requiring a physical examination
of the employee under this subsection is
necessary; and
``(iii) copies of the materials relating to
the employee that are relevant to the officer's
determination and request, unless the agency or
instrumentality has a reasonable basis for not
providing the materials.
``(D) Examination.--If the Secretary of Labor
receives a request under this paragraph before an
employee has undergone an initial physical examination
under paragraph (4)(B)(i), the Secretary shall promptly
require the physical examination of the employee. A
physical examination under this subparagraph shall
satisfy the requirement under paragraph (4)(B)(i) that
an initial physical examination be conducted.
``(E) After initial examination.--
``(i) In general.--If the Secretary of
Labor receives a request under this paragraph
after an employee has undergone an initial
physical examination under paragraph (4)(B)(i),
the Secretary shall--
``(I) review the request and the
information, explanation, and other
materials submitted with the request;
and
``(II) determine whether to require
the physical examination of the
employee who is the subject of the
request.
``(ii) Not granted.--If the Secretary
determines not to grant a request described in
clause (i), the Secretary shall promptly notify
the officer who made the request and provide an
explanation of the reasons why the request was
denied.''.
SEC. 308. WAITING PERIOD.
(a) In General.--Section 8117 is amended--
(1) in the section heading, by striking ``Time of accrual
of right'' and inserting ``Waiting period'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``An employee'' and all that follows through
``is not entitled'' and inserting ``In General.--An
employee is not entitled to continuation of pay within
the meaning of section 8118 for the first 3 days of
temporary disability or, if section 8118 does not
apply, is not entitled'';
(B) in paragraph (1), by adding ``or'' at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph
(2); and
(3) in subsection (b)--
(A) by striking ``A Postal Service'' the first
place it appears and all that follows through ``A
Postal Service'' the second place it appears and
inserting ``Use of Leave.--An'';
(B) by striking ``that 3-day period'' and inserting
``the first 3 days of temporary disability''; and
(C) by striking ``or is followed by permanent
disability''.
(b) Continuation of Pay.--Section 8118 is amended--
(1) in the section heading, by striking ``; election to use
annual or sick leave'';
(2) in subsection (b)(1), by striking ``section 8117(b)''
and inserting ``section 8117'';
(3) by striking subsection (c); and
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(c) Technical and Conforming Amendments.--The table of sections for
chapter 81 is amended by striking the items relating to sections 8117
and 8118 and inserting the following:
``8117. Waiting period.
``8118. Continuation of pay.''.
SEC. 309. ELECTION OF BENEFITS.
(a) In General.--Section 8116 is amended by adding at the end the
following:
``(e) Retirement Benefits.--
``(1) In general.--An individual entitled to compensation
benefits payable under this subchapter and under chapter 83 or
84 or any other retirement system for employees of the
Government, for the same period, shall elect which benefits the
individual will receive.
``(2) Election.--
``(A) Deadline.--An individual shall make an
election under paragraph (1) in accordance with such
deadlines as the Secretary of Labor shall establish.
``(B) Revocability.--An election under paragraph
(1) shall be revocable, notwithstanding any other
provision of law, except for any period during which an
individual--
``(i) was qualified for benefits payable
under both this subchapter and under a
retirement system described in paragraph (1);
and
``(ii) was paid benefits under the
retirement system after having been notified of
eligibility for benefits under this subchapter.
``(3) Informed choice.--The Secretary of Labor shall
provide information, and shall ensure that information is
provided, to an individual described in paragraph (1) about the
benefits available to the individual under this subchapter or
under chapter 83 or 84 or any other retirement system referred
to in paragraph (1) the individual may elect to receive.''.
(b) Technical and Conforming Amendments.--Sections 8337(f)(3) and
8464a(a)(3) are each amended by striking ``Paragraphs'' and inserting
``Except as provided under chapter 81, paragraphs''.
SEC. 310. SANCTION FOR NONCOOPERATION WITH FIELD NURSES.
Section 8123, as amended by section 307, is amended by adding at
the end the following:
``(f) Field Nurses.--
``(1) Definition.--In this subsection, the term `field
nurse' means a registered nurse that assists the Secretary in
the medical management of disability claims under this
subchapter and provides claimants with assistance in
coordinating medical care.
``(2) Authorization.--The Secretary may use field nurses to
coordinate medical services and vocational rehabilitation
programs for injured employees under this subchapter. If an
employee refuses to cooperate with a field nurse or obstructs a
field nurse in the performance of duties under this subchapter,
the right to compensation under this subchapter shall be
suspended until the refusal or obstruction stops.''.
SEC. 311. SUBROGATION OF CONTINUATION OF PAY.
(a) In General.--Section 8131 is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``continuation of pay or'' before
``compensation'';
(2) in subsection (b), by inserting ``continuation of pay''
before compensation; and
(3) in subsection (c)--
(A) by inserting ``continuation of pay or'' before
``compensation already paid''; and
(B) by inserting ``continuation of pay or'' before
``compensation payable''.
(b) Adjustment After Recovery From a Third Person.--Section 8132 is
amended--
(1) in the first sentence--
(A) by inserting ``continuation of pay or'' before
``compensation is payable'';
(B) by inserting ``continuation of pay or'' before
``compensation from the United States'';
(C) by striking ``by him or in his behalf'' and
inserting ``by the beneficiary or on behalf of the
beneficiary'';
(D) by inserting ``continuation of pay and'' before
``compensation paid by the United States''; and
(E) by striking ``compensation payable to him'' and
inserting ``continuation of pay or compensation payable
to the beneficiary'';
(2) in the second sentence, by striking ``his designee''
and inserting ``the designee of the beneficiary''; and
(3) in the fourth sentence, by striking ``If compensation''
and all that follows through ``payable to him by the United
States'' and inserting ``If continuation of pay or compensation
has not been paid to the beneficiary, the money or property
shall be credited against continuation of pay or compensation
payable to the beneficiary by the United States''.
SEC. 312. SOCIAL SECURITY EARNINGS INFORMATION.
Section 8116, as amended by section 308, is amended by adding at
the end the following:
``(f) Earnings Information.--Notwithstanding section 552a or any
other provision of Federal or State law, the Social Security
Administration shall make available to the Secretary of Labor, upon
written request, the Social Security earnings information of a living
or deceased employee who may have sustained an injury or died as a
result of an injury that is the subject of a claim under this
subchapter required by the Secretary of Labor to carry out this
subchapter.''.
SEC. 313. AMOUNT OF COMPENSATION.
(a) Injuries to Face, Head, and Neck.--Section 8107(c)(21) is
amended--
(1) by striking ``not to exceed $3,500'' and inserting ``in
proportion to the severity of the disfigurement, not to exceed
$50,000,''; and
(2) by adding at the end the following: ``The maximum
amount of compensation under this paragraph shall be increased
on March 1 of each year by the amount determined by the
Secretary of Labor to represent the percent change in the price
index published for December of the preceding year over the
price index published for the December of the year prior to the
preceding year, adjusted to the nearest one-tenth of 1
percent.''.
(b) Funeral Expenses.--Section 8134(a) is amended--
(1) by striking ``$800'' and inserting ``$6,000''; and
(2) by adding at the end the following: ``The maximum
amount of compensation under this subsection shall be increased
on March 1 of each year by the amount determined by the
Secretary of Labor to represent the percent change in the price
index published for December of the preceding year over the
price index published for the December of the year prior to the
preceding year, adjusted to the nearest one-tenth of 1
percent.''.
(c) Application.--The amendments made by this section shall apply
to injuries or deaths, respectively, occurring on or after the date of
enactment of this Act.
SEC. 314. TECHNICAL AND CONFORMING AMENDMENTS.
Chapter 81 is amended--
(1) in section 8101(1)(D), by inserting ``for an injury
that occurred before the effective date of section 204(e) of
the District of Columbia Self-Government and Governmental
Reorganization Act (Public Law 93-198; 87 Stat. 783; 5 U.S.C.
8101 note)'' before the semicolon;
(2) in section 8139, by inserting ``under this subchapter''
after ``Compensation awarded''; and
(3) in section 8148(a), by striking ``section 8106'' and
inserting ``section 8106a''.
SEC. 315. REGULATIONS.
(a) In General.--As soon as possible after the date of enactment of
this Act, the Secretary of Labor shall promulgate regulations (which
may include interim final regulations) to carry out this title.
(b) Contents.--The regulations promulgated under subsection (a)
shall include, for purposes of the amendments made by sections 302 and
303, clarification of--
(1) what is a claim; and
(2) what is the date on which a period of disability, for
which a claim is made, commences.
TITLE IV--OTHER MATTERS
SEC. 401. PROFITABILITY PLAN.
(a) Plan Required.--Not later than 90 days after the date of
enactment of this Act, the Postal Service shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, the Comptroller General of the United States, and the
Commission a plan describing, in detail, the actions the Postal Service
will take to--
(1) become profitable by fiscal year 2015; and
(2) achieve long-term financial solvency.
(b) Considerations.--The plan required under subsection (a) shall
take into consideration--
(1) the legal authority of the Postal Service;
(2) the changes in the legal authority and responsibilities
of the Postal Service under this Act;
(3) any cost savings that the Postal Service anticipates
will be achieved through negotiations with employees of the
Postal Service; and
(4) projected changes in mail volume.
(c) Updates.--The Postal Service shall update the plan required
under subsection (a) not less frequently than quarterly, until the last
quarter of fiscal year 2015.
SEC. 402. POSTAL RATES.
(a) Commission Study.--
(1) In general.--Not earlier than 2 years after the date of
enactment of this Act, the Commission shall commence a study to
determine--
(A) whether and to what extent any market-dominant
classes, products, or types of mail services do not
bear the direct and indirect costs attributable to
those classes, products, or types of mail service; and
(B) the impact of any excess mail processing,
transportation, or delivery capacity of the Postal
Service on the direct and indirect costs attributable
to any class that bears less than 100 percent of the
costs attributable to the class, as determined under
subparagraph (A).
(2) Requirements.--The Commission shall conduct the study
under paragraph (1) in a manner that protects confidential and
proprietary business information.
(3) Hearing.--Before completing the study under paragraph
(1), the Commission shall hold a public hearing, on the record,
in order to better inform the conclusions of the study. The
Postal Service, postal customers, and other interested persons
may participate in the hearing under this paragraph.
(4) Completion.--Not later than 6 months after the date on
which the Commission commences the study under subsection (a),
the Commission shall complete the study.
(b) Annual Updates Required.--Not later than 1 year after the date
of completion of the study under subsection (a), and annually
thereafter, the Commission shall--
(1) determine whether any class of mail bears less than 100
percent of the direct and indirect costs attributable to the
class, product, or type of mail service, in the same manner as
under subsection (a)(1)(A);
(2) for any class of mail for which the Commission makes a
determination under paragraph (1), update the study under
subsection (a); and
(3) include the study updated under paragraph (2) in the
annual written determination of the Commission under section
3653 of title 39, United States Code.
(c) Postal Rates.--
(1) Definition.--In this subsection, the term ``loss-
making'', as used with respect to a class of mail, means a
class of mail that bears less than 100 percent of the costs
attributable to the class of mail, according to the most recent
annual determination of the Commission under subsection (a)(1)
or (b)(1), adjusted to account for the quantitative effect of
excess mail processing, transportation, or delivery capacity of
the Postal Service on the costs attributable to the class of
mail.
(2) In general.--Not later than 1 year after the date on
which the study under subsection (a) is completed, and annually
thereafter, the Postal Service shall establish postal rates for
each loss-making class of mail.
(3) Considerations.--The Postal Service may establish
postal rates under paragraph (2) in a manner that ensures, to
the extent practicable, that a class of mail described in
paragraph (2) is not loss-making by--
(A) using the authority to increase rates under
section 3622(d)(1)(A) of title 39, United States Code;
(B) exhausting any unused rate adjustment
authority, as defined in section 3622(d)(2)(C) of title
39, United States Code, subject to paragraph (4); and
(C) maximizing incentives to reduce costs and
increase efficiency with regard to the processing,
transportation, and delivery of such mail by the Postal
Service.
(4) Unused rate adjustment authority.--Section
3622(d)(2)(C) of title 39, United States Code, shall be applied
by annually increasing by 2 percentage points any unused rate
adjustment authority for a class of mail that bears less than
90 percent of the costs attributable to the class of mail,
according to the most recent annual determination of the
Commission under subsection (a)(1) or (b)(1), adjusted to
account for the quantitative effect of excess mail processing,
transportation, or delivery capacity of the Postal Service on
the costs attributable to the class of mail.
SEC. 403. COOPERATION WITH STATE AND LOCAL GOVERNMENTS; INTRA-SERVICE
AGREEMENTS.
(a) Cooperation With State and Local Governments.--Section 411 of
title 39, United States Code, is amended, in the first sentence by
striking ``and the Government Printing Office'' inserting ``, the
Government Printing Office, and agencies and other units of State and
local governments''.
(b) Intra-Service Agreements.--Section 411 of title 39, United
States Code, as amended by subsection (a), is amended--
(1) in the section heading, by adding at the end the
following: ``and within the Postal Service'';
(2) in the second sentence, by striking ``section'' and
inserting ``subsection'';
(3) by striking ``Executive agencies'' and inserting the
following:
``(a) Cooperation With State and Local Governments.--Executive
agencies''; and
(4) by adding at the end the following:
``(b) Cooperation Within the Postal Service.--The Office of the
Inspector General and other components of the Postal Service may enter
into agreements to furnish to each other property, both real and
personal, and personal and nonpersonal services. The furnishing of
property and services under this subsection shall be under such terms
and conditions, including reimbursability, as the Inspector General and
the head of the component concerned shall deem appropriate.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 4 of title 39, United States Code, is amended by striking the
item relating to section 411 and inserting the following:
``411. Cooperation with other Government agencies and within the Postal
Service.''.
SEC. 404. SHIPPING OF WINE AND BEER.
(a) Mailability.--
(1) Nonmailable articles.--Section 1716(f) of title 18,
United States Code, is amended by striking ``mails'' and
inserting ``mails, except to the extent that the mailing is
allowable under section 3001(p) of title 39''.
(2) Application of laws.--Section 1161 of title 18, United
States Code, is amended, by inserting ``, and, with respect to
the mailing of wine or malt beverages (as those terms are
defined in section 117 of the Federal Alcohol Administration
Act (27 U.S.C. 211)), is in conformity with section 3001(p) of
title 39'' after ``Register''.
(b) Regulations.--Section 3001 of title 39, United States Code, is
amended by adding at the end the following:
``(p)(1) In this subsection, the terms `wine' and `malt beverage'
have the same meanings as in section 117 of the Federal Alcohol
Administration Act (27 U.S.C. 211).
``(2) Wine or malt beverages shall be considered mailable if
mailed--
``(A) by a licensed winery or brewery, in accordance with
applicable regulations under paragraph (3); and
``(B) in accordance with the law of the State, territory,
or district of the United States where the addressee or duly
authorized agent takes delivery.
``(3) The Postal Service shall prescribe such regulations as may be
necessary to carry out this subsection, including regulations providing
that--
``(A) the mailing shall be by a means established by the
Postal Service to ensure direct delivery to the addressee or a
duly authorized agent;
``(B) the addressee (and any duly authorized agent) shall
be an individual at least 21 years of age;
``(C) the individual who takes delivery, whether the
addressee or a duly authorized agent, shall present a valid,
government-issued photo identification at the time of delivery;
``(D) the wine or malt beverages may not be for resale or
other commercial purpose; and
``(E) the winery or brewery involved shall--
``(i) certify in writing to the satisfaction of the
Postal Service, through a registration process
administered by the Postal Service, that the mailing is
not in violation of any provision of this subsection or
regulation prescribed under this subsection; and
``(ii) provide any other information or affirmation
that the Postal Service may require, including with
respect to the prepayment of State alcohol beverage
taxes.
``(4) For purposes of this subsection--
``(A) a winery shall be considered to be licensed if it
holds an appropriate basic permit issued--
``(i) under the Federal Alcohol Administration Act;
and
``(ii) under the law of the State in which the
winery is located; and
``(B) a brewery shall be considered to be licensed if--
``(i) it possesses a notice of registration and
bond approved by the Alcohol and Tobacco Tax and Trade
Bureau of the Department of the Treasury; and
``(ii) it is licensed to manufacture and sell malt
beverages in the State in which the brewery is
located.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the earlier of--
(1) the date on which the Postal Service issues regulations
under section 3001(p) of title 39, United States Code, as
amended by this section; and
(2) 120 days after the date of enactment of this Act.
SEC. 405. ANNUAL REPORT ON UNITED STATES MAILING INDUSTRY.
(a) In General.--Chapter 24 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 2403. Annual report on the fiscal stability of the United States
mailing industry
``(a) In General.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Postal
Regulatory Commission shall submit a report on the fiscal stability of
the United States mailing industry with respect to the preceding fiscal
year to--
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(2) the Committee on Oversight and Government Reform of
the House of Representatives.
``(b) Assistance.--The United States Postal Service and any Federal
agency involved in oversight or data collection regarding industry
sectors relevant to the report under subsection (a) shall provide any
assistance to the Postal Regulatory Commission that the Postal
Regulatory Commission determines is necessary in the preparation of a
report under subsection (a).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 24 of title 39, United States Code, is amended by adding at the
end the following:
``2403. Annual report on the fiscal stability of the United States
mailing industry.''.
SEC. 406. USE OF NEGOTIATED SERVICE AGREEMENTS.
Section 3622 of title 39, United States Code, is amended--
(1) in subsection (c)(10)(A)--
(A) in the matter preceding clause (i), by striking
``either'' and inserting ``will'';
(B) in clause (i), by striking ``or'' at the end;
(C) in clause (ii), by striking ``and'' at the end
and inserting ``or''; and
(D) by adding at the end the following:
``(iii) preserve mail volume and revenue;
and''; and
(2) by adding at the end the following:
``(g) Coordination.--The Postal Service and the Postal Regulatory
Commission shall coordinate actions to identify methods to increase the
use of negotiated service agreements for market-dominant products by
the Postal Service consistent with subsection (c)(10).''.
SEC. 407. CONTRACT DISPUTES.
Section 7101(8) of title 41, United States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the United States Postal Service and the
Postal Regulatory Commission.''.
SEC. 408. CONTRACTING PROVISIONS.
(a) In General.--Part I of title 39, United States Code, is amended
by adding at the end the following:
``CHAPTER 7--CONTRACTING PROVISIONS
``Sec.
``701. Definitions.
``702. Advocate for competition.
``703. Delegation of contracting authority.
``704. Posting of noncompetitive purchase requests for noncompetitive
contracts.
``705. Review of ethical issues.
``706. Ethical restrictions on participation in certain contracting
activity.
``Sec. 701. Definitions
``In this chapter--
``(1) the term `contracting officer' means an employee of a
covered postal entity who has authority to enter into a postal
contract;
``(2) the term `covered postal entity' means--
``(A) the United States Postal Service; or
``(B) the Postal Regulatory Commission;
``(3) the term `head of a covered postal entity' means--
``(A) in the case of the United States Postal
Service, the Postmaster General; or
``(B) in the case of the Postal Regulatory
Commission, the Chairman of the Postal Regulatory
Commission;
``(4) the term `postal contract' means any contract
(including any agreement or memorandum of understanding)
entered into by a covered postal entity for the procurement of
goods or services; and
``(5) the term `senior procurement executive' means the
senior procurement executive of a covered postal entity.
``Sec. 702. Advocate for competition
``(a) Establishment and Designation.--
``(1) There is established in each covered postal entity an
advocate for competition.
``(2) The head of each covered postal entity shall
designate for the covered postal entity 1 or more officers or
employees (other than the senior procurement executive) to
serve as the advocate for competition.
``(b) Responsibilities.--The advocate for competition of each
covered postal entity shall--
``(1) be responsible for promoting competition to the
maximum extent practicable consistent with obtaining best value
by promoting the acquisition of commercial items and
challenging barriers to competition;
``(2) review the procurement activities of the covered
postal entity; and
``(3) prepare and transmit to the head of each covered
postal entity, the senior procurement executive of each covered
postal entity, the Board of Governors of the United States
Postal Service, and Congress, an annual report describing--
``(A) the activities of the advocate under this
section;
``(B) initiatives required to promote competition;
``(C) barriers to competition that remain; and
``(D) the number of waivers made by each covered
postal entity under section 704(c).
``Sec. 703. Delegation of contracting authority
``(a) In General.--
``(1) Policy.--Not later than 60 days after the date of
enactment of the 21st Century Postal Service Act of 2011, the
head of each covered postal entity shall issue a policy on
contracting officer delegations of authority for the covered
postal entity.
``(2) Contents.--The policy issued under paragraph (1)
shall require that--
``(A) notwithstanding any delegation of authority
with respect to postal contracts, the ultimate
responsibility and accountability for the award and
administration of postal contracts resides with the
senior procurement executive; and
``(B) a contracting officer shall maintain an
awareness of and engagement in the activities being
performed on postal contracts of which that officer has
cognizance, notwithstanding any delegation of authority
that may have been executed.
``(b) Posting of Delegations.--
``(1) In general.--The head of each covered postal entity
shall make any delegation of authority for postal contracts
outside the functional contracting unit readily available and
accessible on the website of the covered postal entity.
``(2) Effective date.--This paragraph shall apply to any
delegation of authority made on or after 30 days after the date
of enactment of the 21st Century Postal Service Act of 2011.
``Sec. 704. Posting of noncompetitive purchase requests for
noncompetitive contracts
``(a) Posting Required.--
``(1) Postal regulatory commission.--The Postal Regulatory
Commission shall make the noncompetitive purchase request for
any noncompetitive award, including the rationale supporting
the noncompetitive award, publicly available on the website of
the Postal Regulatory Commission--
``(A) not later than 14 days after the date of the
award of the noncompetitive contract; or
``(B) not later than 30 days after the date of the
award of the noncompetitive contract, if the basis for
the award was a compelling business interest.
``(2) United states postal service.--The United States
Postal Service shall make the noncompetitive purchase request
for any noncompetitive award of a postal contract valued at
$250,000 or more, including the rationale supporting the
noncompetitive award, publicly available on the website of the
United States Postal Service--
``(A) not later than 14 days after the date of the
award; or
``(B) not later than 30 days after the date of the
award, if the basis for the award was a compelling
business interest.
``(3) Adjustments to the posting threshold for the united
states postal service.--
``(A) Review and determination.--Not later than
January 31 of each year, the United States Postal
Service shall--
``(i) review the $250,000 threshold
established under paragraph (2); and
``(ii) based on any change in the Consumer
Price Index for all-urban consumers of the
Department of Labor, determine whether an
adjustment to the threshold shall be made.
``(B) Amount of adjustments.--An adjustment under
subparagraph (A) shall be made in increments of $5,000.
If the United States Postal Service determines that a
change in the Consumer Price Index for a year would
require an adjustment in an amount that is less than
$5,000, the United States Postal Service may not make
an adjustment to the threshold for the year.
``(4) Effective date.--This subsection shall apply to any
noncompetitive contract awarded on or after the date that is 90
days after the date of enactment of the 21st Century Postal
Service Act of 2011.
``(b) Public Availability.--
``(1) In general.--Subject to paragraph (2), the
information required to be made publicly available by a covered
postal entity under subsection (a) shall be readily accessible
on the website of the covered postal entity.
``(2) Protection of proprietary information.--A covered
postal entity shall--
``(A) carefully screen any description of the
rationale supporting a noncompetitive award required to
be made publicly available under subsection (a) to
determine whether the description includes proprietary
data (including any reference or citation to the
proprietary data) or security-related information; and
``(B) remove any proprietary data or security-
related information before making publicly available a
description of the rational supporting a noncompetitive
award.
``(c) Waivers.--
``(1) Waiver permitted.--If a covered postal entity
determines that making a noncompetitive purchase request
publicly available would risk placing the United States Postal
Service at a competitive disadvantage relative to a private
sector competitor, the senior procurement executive, in
consultation with the advocate for competition of the covered
postal entity, may waive the requirements under subsection (a).
``(2) Form and content of waiver.--
``(A) Form.--A waiver under paragraph (1) shall be
in the form of a written determination placed in the
file of the contract to which the noncompetitive
purchase agreement relates.
``(B) Content.--A waiver under paragraph (1) shall
include--
``(i) a description of the risk associated
with making the noncompetitive purchase request
publicly available; and
``(ii) a statement that redaction of
sensitive information in the noncompetitive
purchase request would not be sufficient to
protect the United States Postal Service from
being placed at a competitive disadvantage
relative to a private sector competitor.
``(3) Delegation of waiver authority.--A covered postal
entity may not delegate the authority to approve a waiver under
paragraph (1) to any employee having less authority than the
senior procurement executive.
``Sec. 705. Review of ethical issues
``If a contracting officer identifies any ethical issues relating
to a proposed contract and submits those issues and that proposed
contract to the designated ethics official for the covered postal
entity before the awarding of that contract, that ethics official
shall--
``(1) review the proposed contract; and
``(2) advise the contracting officer on the appropriate
resolution of ethical issues.
``Sec. 706. Ethical restrictions on participation in certain
contracting activity
``(a) Definitions.--In this section--
``(1) the term `covered employee' means--
``(A) a contracting officer; or
``(B) any employee of a covered postal entity whose
decisionmaking affects a postal contract as determined
by regulations prescribed by the head of a covered
postal entity;
``(2) the term `covered relationship' means a covered
relationship described in section 2635.502(b)(1) of title 5,
Code of Federal Regulations, or any successor thereto; and
``(3) the term `final conviction' means a conviction,
whether entered on a verdict or plea, including a plea of nolo
contendere, for which a sentence has been imposed.
``(b) In General.--
``(1) Regulations.--The head of each covered postal entity
shall prescribe regulations that--
``(A) require a covered employee to include in the
file of any noncompetitive purchase request for a
noncompetitive postal contract a written certification
that--
``(i) discloses any covered relationship of
the covered employee; and
``(ii) the covered employee will not take
any action with respect to the noncompetitive
purchase request that affects the financial
interests of a friend, relative, or person with
whom the covered employee is affiliated in a
nongovernmental capacity, or otherwise gives
rise to an appearance of the use of public
office for private gain, as described in
section 2635.702 of title 5, Code of Federal
Regulations, or any successor thereto;
``(B) require a contracting officer to consult with
the ethics counsel for the covered postal entity
regarding any disclosure made by a covered employee
under subparagraph (A)(i), to determine whether
participation by the covered employee in the
noncompetitive purchase request would give rise to a
violation of part 2635 of title 5, Code of Federal
Regulations (commonly referred to as the `Standards of
Ethical Conduct for Employees of the Executive
Branch');
``(C) require the ethics counsel for a covered
postal entity to review any disclosure made by a
contracting officer under subparagraph (A)(i) to
determine whether participation by the contracting
officer in the noncompetitive purchase request would
give rise to a violation of part 2635 of title 5, Code
of Federal Regulations (commonly referred to as the
`Standards of Ethical Conduct for Employees of the
Executive Branch'), or any successor thereto;
``(D) under subsections (d) and (e) of section
2635.50 of title 5, Code of Federal Regulations, or any
successor thereto, require the ethics counsel for a
covered postal entity to--
``(i) authorize a covered employee that
makes a disclosure under subparagraph (A)(i) to
participate in the noncompetitive postal
contract; or
``(ii) disqualify a covered employee that
makes a disclosure under subparagraph (A)(i)
from participating in the noncompetitive postal
contract;
``(E) require a contractor to timely disclose to
the contracting officer in a bid, solicitation, award,
or performance of a postal contract any conflict of
interest with a covered employee; and
``(F) include authority for the head of the covered
postal entity to a grant a waiver or otherwise mitigate
any organizational or personal conflict of interest, if
the head of the covered postal entity determines that
the waiver or mitigation is in the best interests of
the Postal Service.
``(2) Posting of waivers.--Not later than 30 days after the
head of a covered postal entity grants a waiver described in
paragraph (1)(F), the head of the covered postal entity shall
make the waiver publicly available on the website of the
covered postal entity.
``(c) Contract Voidance and Recovery.--
``(1) Unlawful conduct.--In any case in which there is a
final conviction for a violation of any provision of chapter 11
of title 18 relating to a postal contract, the head of a
covered postal entity may--
``(A) void that contract; and
``(B) recover the amounts expended and property
transferred by the covered postal entity under that
contract.
``(2) Obtaining or disclosing procurement information.--
``(A) In general.--In any case where a contractor
under a postal contract fails to timely disclose a
conflict of interest to the appropriate contracting
officer as required under the regulations promulgated
under subsection (b)(1)(D), the head of a covered
postal entity may--
``(i) void that contract; and
``(ii) recover the amounts expended and
property transferred by the covered postal
entity under that contract.
``(B) Conviction or administrative determination.--
A case described under subparagraph (A) is any case in
which--
``(i) there is a final conviction for an
offense punishable under section 27(e) of the
Office of Federal Procurement Policy Act (41
U.S.C. 423(e)); or
``(ii) the head of a covered postal entity
determines, based upon a preponderance of the
evidence, that the contractor or someone acting
for the contractor has engaged in conduct
constituting an offense punishable under
section 27(e) of that Act.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 39, United States Code, is amended by adding at the end
the following:
``7. Contracting Provisions................................. 701''.
<all>
Motion to proceed to consideration of the motion to reconsider the vote by which the motion to invoke cloture on the motion to proceed to S. 1789 was not invoked (Roll Call Vote No. 60) agreed to in Senate by Unanimous Consent. (consideration: CR S2348)
Motion by Senator Reid to reconsider the vote by which the motion to invoke cloture on the motion to proceed to S. 1789 was not invoked (Roll Call Vote No. 60) agreed to in Senate by Unanimous Consent. (consideration: CR S2348)
Motion to proceed to measure considered in Senate. (consideration: CR S2348-2357)
Upon reconsideration, cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 74 - 22. Record Vote Number: 66. (consideration: CR S2349; text: CR S2349)
Roll Call #66 (Senate)Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent. (consideration: CR S2356)
Measure laid before Senate by motion. (consideration: CR S2357-2370, S2435-2451; text of measure as reported in Senate: CR S2357-2368)
The committee reported substitute was withdrawn by Unanimous Consent. (consideration: CR S2369)
Cloture motion on amendment SA 2000 presented in Senate. (consideration: CR S2369; text: CR S2369)
Cloture motion on the bill presented in Senate. (consideration: CR S2369; text: CR S2369)
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Motion by Senator Reid to recommit to Senate Committee on Homeland Security and Governmental Affairs with instructions to report back forthwith with amendment SA 2017 made in Senate. (consideration: CR S2369)
Cloture motion on amendment SA 2000 withdrawn by unanimous consent in Senate. (consideration: CR S2538)
Cloture motion on the bill withdrawn by unanimous consent in Senate. (consideration: CR S2538)
Motion by Senator Reid to recommit to Senate Committee on Homeland Security and Governmental Affairs with instructions to report back forthwith with amendment SA 2017 was withdrawn in Senate by Unanimous Consent. (consideration: CR S2538)
Considered by Senate. (consideration: CR S2634-26351)
Considered by Senate. (consideration: CR S2683-2697)
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 62 - 37. Record Vote Number: 82.
Roll Call #82 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 62 - 37. Record Vote Number: 82.
Roll Call #82 (Senate)Received in the House.
Message on Senate action sent to the House.
Held at the desk.