U.S. Congress - Text of S.1789 as Engrossed in Senate 21st Century Postal Service Act of 2011
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Donate NowS.1789 - 21st Century Postal Service Act of 2011
A bill to improve, sustain, and transform the United States Postal Service.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 18,731 | n/a | n/a |
| Reported in Senate | 38,986 | 176 | 30% |
| Engrossed in Senate | 32,714 | 385 Show Changes Hide Changes | 73% |
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S 1789 RS Calendar No. 296
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 1789CommentsClose CommentsPermalink
To improve, sustain, and transform the United States Postal Service.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
[Struck out->]SECTION 1. SHORT TITLE.[<-Struck out][Struck out->]This Act may be cited as the ‘21st Century Postal Service Act of 2011.’[<-Struck out]
[Struck out->]SEC. 2. TABLE OF CONTENTS.[<-Struck out][Struck out->]The table of contents for this Act is as follows:[<-Struck out]
[Struck out->]Sec. 1. Short title.[<-Struck out]
[Struck out->]Sec. 2. Table of contents.[<-Struck out]
[Struck out->]Sec. 3. Definitions.[<-Struck out]
[Struck out->]TITLE I--POSTAL WORKFORCE MATTERS[<-Struck out][Struck out->]Sec. 101. Treatment of surplus contributions to Federal Employees Retirement System.[<-Struck out]
[Struck out->]Sec. 102. Additional service credit.[<-Struck out]
[Struck out->]Sec. 103. Medicare coverage for Postal Service Medicare eligible annuitants.[<-Struck out]
[Struck out->]Sec. 104. Restructuring of payments for retiree health benefits.[<-Struck out]
[Struck out->]Sec. 105. Postal Service Health Benefits Program.[<-Struck out]
[Struck out->]Sec. 106. Arbitration; labor disputes.[<-Struck out]
[Struck out->]TITLE II--POSTAL SERVICES AND OPERATIONS[<-Struck out][Struck out->]Sec. 201. Postal facilities.[<-Struck out]
[Struck out->]Sec. 202. Additional Postal Service planning.[<-Struck out]
[Struck out->]Sec. 203. Area and district office structure.[<-Struck out]
[Struck out->]Sec. 204. Retail service standards.[<-Struck out]
[Struck out->]Sec. 205. Conversion of door delivery points.[<-Struck out]
[Struck out->]Sec. 206. Limitations on changes to mail delivery schedule.[<-Struck out]
[Struck out->]Sec. 207. Time limits for consideration of service changes.[<-Struck out]
[Struck out->]Sec. 208. Public procedures for significant changes to mailing specifications.[<-Struck out]
[Struck out->]Sec. 209. Nonpostal products and services.[<-Struck out]
[Struck out->]TITLE III--FEDERAL EMPLOYEES’ COMPENSATION ACT[<-Struck out][Struck out->]Sec. 301. Short title; references.[<-Struck out]
[Struck out->]Sec. 302. Federal workers compensation reforms for retirement-age employees.[<-Struck out]
[Struck out->]Sec. 303. Augmented compensation for dependents.[<-Struck out]
[Struck out->]Sec. 304. Schedule compensation payments.[<-Struck out]
[Struck out->]Sec. 305. Vocational rehabilitation.[<-Struck out]
[Struck out->]Sec. 306. Reporting requirements.[<-Struck out]
[Struck out->]Sec. 307. Disability management review; independent medical examinations.[<-Struck out]
[Struck out->]Sec. 308. Waiting period.[<-Struck out]
[Struck out->]Sec. 309. Election of benefits.[<-Struck out]
[Struck out->]Sec. 310. Sanction for noncooperation with field nurses.[<-Struck out]
[Struck out->]Sec. 311. Subrogation of continuation of pay.[<-Struck out]
[Struck out->]Sec. 312. Social Security earnings information.[<-Struck out]
[Struck out->]Sec. 313. Amount of compensation.[<-Struck out]
[Struck out->]Sec. 314. Technical and conforming amendments.[<-Struck out]
[Struck out->]Sec. 315. Regulations.[<-Struck out]
[Struck out->]TITLE IV--OTHER MATTERS[<-Struck out][Struck out->]Sec. 401. Profitability plan.[<-Struck out]
[Struck out->]Sec. 402. Postal rates.[<-Struck out]
[Struck out->]Sec. 403. Cooperation with State and local governments; intra-Service agreements.[<-Struck out]
[Struck out->]Sec. 404. Shipping of wine and beer.[<-Struck out]
[Struck out->]Sec. 405. Annual report on United States mailing industry.[<-Struck out]
[Struck out->]Sec. 406. Use of negotiated service agreements.[<-Struck out]
[Struck out->]Sec. 407. Contract disputes.[<-Struck out]
[Struck out->]Sec. 408. Contracting provisions.[<-Struck out]
[Struck out->]SEC. 3. DEFINITIONS.[<-Struck out][Struck out->]In this Act, the following definitions shall apply:[<-Struck out]
[Struck out->](1) COMMISSION- The term ‘Commission’ means the Postal Regulatory Commission.[<-Struck out]
[Struck out->](2) POSTAL SERVICE- The term ‘Postal Service’ means the United States Postal Service.[<-Struck out]
[Struck out->]
TITLE I--POSTAL WORKFORCE MATTERS[<-Struck out]
SEC. 101. TREATMENT OF SURPLUS CONTRIBUTIONS TO FEDERAL EMPLOYEES RETIREMENT SYSTEM.[<-Struck out][Struck out->]Section 8423(b) of title 5, United States Code
[Struck out->](1) by redesignating paragraph (5) as paragraph (6); and[<-Struck out]
[Struck out->](2) by inserting after paragraph (4) the following:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) retirement service credits, as authorized under section 8332(p) or 8411(m).[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) repaying any obligation issued under section 2005 of title 39; or[<-Struck out]
[Struck out->]
‘(ii) making required payments to--[<-Struck out]
[Struck out->]
‘(I) the Employees’ Compensation Fund established under section 8147;[<-Struck out]
[Struck out->]
‘(II) the Postal Service Retiree Health Benefits Fund established under section 8909a;[<-Struck out]
[Struck out->]
‘(III) the Employees Health Benefits Fund established under section 8909; or[<-Struck out]
[Struck out->]
‘(IV) the Civil Service Retirement and Disability Fund.’.[<-Struck out]
[Struck out->]SEC. 102. ADDITIONAL SERVICE CREDIT.[<-Struck out][Struck out->](a) Civil Service Retirement System-Section 8332 of title 5, United States Code [<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->](b) Federal Employees Retirement System-Section 8411 of title 5, United States Code [<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->]SEC. 103. MEDICARE COVERAGE FOR POSTAL SERVICE MEDICARE ELIGIBLE ANNUITANTS.[<-Struck out][Struck out->](a) Federal Employees Health Benefits Plans-[<-Struck out]
[Struck out->](1) IN GENERAL- Chapter 89 of title 5, United States Code, is amended by inserting after section 8903b the following:[<-Struck out]
[Struck out->]‘Sec. 8903c. Postal Service Medicare eligible annuitants[<-Struck out]
[Struck out->]
‘(a) Definitions- In this section--[<-Struck out]
[Struck out->]
‘(1) the term ‘contract year’ means a calendar year in which health benefits plans are administered under this chapter;[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(4) the term ‘Postal Service Medicare eligible annuitant’ means an individual who--[<-Struck out]
[Struck out->]
‘(A) is an annuitant covered under this chapter whose Government contribution is paid by the Postal Service under section 8906(g)(2); and[<-Struck out]
[Struck out->]
‘(B) is eligible to enroll in Medicare part A and Medicare part B.[<-Struck out]
[Struck out->]
‘(b) Requirement of Medicare Enrollment-[<-Struck out]
[Struck out->]
‘(1) POSTAL SERVICE MEDICARE ELIGIBLE ANNUITANTS-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(2) FAMILY MEMBERS OF POSTAL SERVICE MEDICARE ELIGIBLE ANNUITANTS-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) the individual enrolls for self only coverage under this chapter.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(ii) the individual enrolls for self only coverage under this chapter.[<-Struck out]
[Struck out->]
‘(c) Enrollment Options-[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(4) ENROLLMENT OPTIONS-[<-Struck out]
[Struck out->]
‘(A) IN GENERAL- The enrollment options established under paragraph (1) shall include--[<-Struck out]
[Struck out->]
‘(i) an individual option, for Postal Service Medicare eligible annuitants subject to subsection (b)(1);[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(B) SPECIFIC SUB-OPTIONS- The Office may establish more specific enrollment options within the types of options described under subparagraph (A).[<-Struck out]
[Struck out->]
‘(5) REDUCED PREMIUMS TO ACCOUNT FOR MEDICARE COORDINATION- In determining the premiums for the enrollment options under paragraph (4), the Office shall--[<-Struck out]
[Struck out->]
‘(A) establish a separate claims pool for individuals eligible for coverage under those options; and[<-Struck out]
[Struck out->]
‘(B) ensure that--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) the cost savings described under clause (i) result solely in the reduction of--[<-Struck out]
[Struck out->]
‘(I) the premiums paid by the Postal Service Medicare eligible annuitant; and[<-Struck out]
[Struck out->]
‘(II) the Government contributions paid by the Postal Service.[<-Struck out]
[Struck out->]
‘(d) Conversion of Enrollment-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(e) Postal Service Consultation- The Office shall establish the enrollment options and premiums under this section in consultation with the Postal Service.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘8903c. Postal Service Medicare eligible annuitants.’.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](b) Special Enrollment Period for Postal Service Medicare Eligible Annuitants-[<-Struck out]
[Struck out->](1) SPECIAL ENROLLMENT PERIOD-[<-Struck out]
[Struck out->](A) IN GENERAL- Section 1837 of the Social Security Act (42 U.S.C. 1395p [<-Struck out]
[Struck out->]
‘(m)(1) In the case of any individual who is a Postal Service Medicare eligible annuitant (as defined insection 8903c(a) of title 5, United States Code [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](2) WAIVER OF INCREASE OF PREMIUM- Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b) [<-Struck out]
[Struck out->]SEC. 104. RESTRUCTURING OF PAYMENTS FOR RETIREE HEALTH BENEFITS.[<-Struck out][Struck out->](a) Contributions-Section 8906(g)(2)(A) of title 5, United States Code [<-Struck out]
[Struck out->](b) Postal Service Retiree Health Benefits Fund-Section 8909a of title 5, United States Code [<-Struck out]
[Struck out->](1) in subsection (d)--[<-Struck out]
[Struck out->](A) in paragraph (2)(B)--[<-Struck out]
[Struck out->](i) by striking ‘2017’ and inserting ‘2012’; and[<-Struck out]
[Struck out->](ii) by inserting after ‘later, of’ the following: ‘80 percent of’; and[<-Struck out]
[Struck out->](B) in paragraph (3)--[<-Struck out]
[Struck out->](i) in subparagraph (A)--[<-Struck out]
[Struck out->](I) in clause (iii), by adding ‘and’ at the end;[<-Struck out]
[Struck out->](II) in clause (iv), by striking the semicolon at the end and inserting a period; and[<-Struck out]
[Struck out->](III) by striking clauses (v) through (x); and[<-Struck out]
[Struck out->](ii) in subparagraph (B), by striking ‘2017’ and inserting ‘2012’; and[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(e) Subsections (a) through (d) shall be subject to section 105 of the 21st Century Postal Service Act of 2011.’.[<-Struck out]
[Struck out->]SEC. 105. POSTAL SERVICE HEALTH BENEFITS PROGRAM.[<-Struck out][Struck out->](a) Definitions- In this section--[<-Struck out]
[Struck out->](1) the term ‘covered employee’ means an employee of the Postal Service who is represented by a bargaining representative recognized undersection 1203 of title 39, United States Code [<-Struck out]
[Struck out->](2) the term ‘Federal Employee Health Benefits Program’ means the health benefits program under chapter 89 of title 5, United States Code; and[<-Struck out]
[Struck out->](3) the term ‘Postal Service Health Benefits Program’ means the health benefits program that may be agreed to under subsection (b)(1).[<-Struck out]
[Struck out->](b) Collective Bargaining-[<-Struck out]
[Struck out->](1) IN GENERAL- Consistent withsection 1005(f) of title 39, United States Code section 1203 of title 39, United States Code [<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](3) TIME LIMITATION- The authority under this subsection shall extend until September 30, 2012.[<-Struck out]
[Struck out->](c) Postal Service Health Benefits Program- The Postal Service Health Benefits Program--[<-Struck out]
[Struck out->](1) shall--[<-Struck out]
[Struck out->](A) be available for participation by all covered employees;[<-Struck out]
[Struck out->](B) provide adequate and appropriate health benefits;[<-Struck out]
[Struck out->](C) be administered by the Postmaster General; and[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](2) may provide dental benefits; and[<-Struck out]
[Struck out->](3) may provide vision benefits.[<-Struck out]
[Struck out->](d) Agreement and Implementation- If a joint agreement is reached under subsection (b)--[<-Struck out]
[Struck out->](1) the Postal Service shall implement the Postal Service Health Benefits Program;[<-Struck out]
[Struck out->](2) the Postal Service Health Benefits Program shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes ofsection 1005(f) of title 39, United States Code [<-Struck out]
[Struck out->](3) covered employees may not participate as employees in the Federal Employees Health Benefits Program.[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](1) reports on the implementation of this section; and[<-Struck out]
[Struck out->](2) requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section.[<-Struck out]
[Struck out->]SEC. 106. ARBITRATION; LABOR DISPUTES.[<-Struck out][Struck out->]Section 1207(c)(2) of title 39, United States Code
[Struck out->](1) by inserting ‘(A)’ after ‘(2)’;[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](3) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as--[<-Struck out]
[Struck out->]
‘(i) the financial condition of the Postal Service;[<-Struck out]
[Struck out->]
‘(ii) the requirements relating to pay and compensation comparability under section 1003(a); and[<-Struck out]
[Struck out->]
‘(iii) the policies of this title.’.[<-Struck out]
[Struck out->]
TITLE II--POSTAL SERVICES AND OPERATIONS[<-Struck out]
SEC. 201. POSTAL FACILITIES.[<-Struck out][Struck out->]Section 404 of title 39, United States Code
[Struck out->]
‘(f) Closing or Consolidation of Certain Postal Facilities-[<-Struck out]
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‘(1) POSTAL FACILITY- In this subsection, the term ‘postal facility’ does not include--[<-Struck out]
[Struck out->]
‘(A) any post office, station, or branch; or[<-Struck out]
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‘(B) any facility used only for administrative functions.[<-Struck out]
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‘(2) AREA MAIL PROCESSING STUDY-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
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‘(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;[<-Struck out]
[Struck out->]
‘(ii) publish the study on the Postal Service website; and[<-Struck out]
[Struck out->]
‘(iii) publish a notice that the study is complete and available to the public, including on the Postal Service website.[<-Struck out]
[Struck out->]
‘(B) COMPLETED OR ONGOING AREA MAIL PROCESSING STUDIES-[<-Struck out]
[Struck out->]
‘(i) IN GENERAL- In the case of a postal facility described in clause (ii), the Postal Service shall--[<-Struck out]
[Struck out->]
‘(I) consider a plan to reduce the capacity of the postal facility, but not close the post facility; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) a determination as to the necessity for the closing or consolidation of the postal facility has not been made.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
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‘(A) provide notice of the determination to--[<-Struck out]
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‘(i) Congress; and[<-Struck out]
[Struck out->]
‘(ii) the Postal Regulatory Commission;[<-Struck out]
[Struck out->]
‘(B) provide adequate public notice of the intention of the Postal Service to close or consolidate the postal facility;[<-Struck out]
[Struck out->]
‘(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);[<-Struck out]
[Struck out->]
‘(D) before that 45-day period provide for public notice of that opportunity by--[<-Struck out]
[Struck out->]
‘(i) publication on the Postal Service website;[<-Struck out]
[Struck out->]
‘(ii) posting at the affected postal facility; and[<-Struck out]
[Struck out->]
‘(iii) advertising the date and location of the public community meeting under subparagraph (E); and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) the views presented by interested persons solicited under paragraph (3);[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(D) the effect of the closing or consolidation on delivery times for all classes of mail;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(F) any other factor the Postal Service determines is necessary.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) a response to all public comments received with respect to the considerations described under paragraph (4);[<-Struck out]
[Struck out->]
‘(B) a description of the considerations made by the Postal Service under paragraph (4); and[<-Struck out]
[Struck out->]
‘(C) the actions that will be taken by the Postal Service to mitigate any negative effects identified under paragraph (4).[<-Struck out]
[Struck out->]
‘(6) CLOSING OR CONSOLIDATION OF POSTAL FACILITIES-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) is updated routinely; and[<-Struck out]
[Struck out->]
‘(B) provides any person, at the option of the person, the opportunity to receive relevant updates by electronic mail.’.[<-Struck out]
[Struck out->]SEC. 202. ADDITIONAL POSTAL SERVICE PLANNING.[<-Struck out][Struck out->]Section 302(d) of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 [<-Struck out]
[Struck out->](1) in paragraph (8), by striking the period at the end and inserting ‘; and’;[<-Struck out]
[Struck out->](2) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly;[<-Struck out]
[Struck out->](3) in the matter preceding subparagraph (A), as so redesignated, by striking ‘shall include’ and inserting the following: ‘shall--[<-Struck out]
[Struck out->]
‘(1) include’; and[<-Struck out]
[Struck out->](4) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(2) where possible, provide for an improvement in customer access to postal services;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(4) ensure that--[<-Struck out]
[Struck out->]
‘(A) small communities and rural areas continue to receive regular and effective access to retail postal services after implementation of the plan; and[<-Struck out]
[Struck out->]
‘(B) the Postal Service solicits community input in accordance with applicable provisions of Federal law.’.[<-Struck out]
[Struck out->]SEC. 203. AREA AND DISTRICT OFFICE STRUCTURE.[<-Struck out][Struck out->](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--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](A) be cost-effective; and[<-Struck out]
[Struck out->](B) not substantially and adversely affect the operations of the Postal Service.[<-Struck out]
[Struck out->](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)--[<-Struck out]
[Struck out->](1) consolidate district offices that are located within 50 miles of each other;[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](3) relocate area offices to headquarters.[<-Struck out]
[Struck out->](c) Updates- The Postal Service shall update the plans required under subsection (a) not less frequently than once every 5 years.[<-Struck out]
[Struck out->]SEC. 204. RETAIL SERVICE STANDARDS.[<-Struck out][Struck out->](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 undersection 3691 of title 39, United States Code [<-Struck out]
[Struck out->](b) Contents- The service standards established under subsection (a) shall--[<-Struck out]
[Struck out->](1) be consistent with--[<-Struck out]
[Struck out->](A) the obligations of the Postal Service undersection 101(b) of title 39, United States Code [<-Struck out]
[Struck out->](B) the contents of the plan developed under section 302 of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 [<-Struck out]
[Struck out->](2) take into account factors including--[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->]SEC. 205. CONVERSION OF DOOR DELIVERY POINTS.[<-Struck out][Struck out->](a) In General- Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘Sec. 3692. Conversion of door delivery points[<-Struck out]
[Struck out->]
‘(a) Definitions- In this section, the following definitions shall apply:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) CURBLINE DELIVERY POINT- The term ‘curbline delivery point’ means a delivery point that is--[<-Struck out]
[Struck out->]
‘(A) adjacent to the street address associated with the delivery point; and[<-Struck out]
[Struck out->]
‘(B) accessible by vehicle on a street that is not a private driveway.[<-Struck out]
[Struck out->]
‘(3) DOOR DELIVERY POINT- The term ‘door delivery point’ means a delivery point at a door of the structure at a street address.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(1) curbline delivery points;[<-Struck out]
[Struck out->]
‘(2) sidewalk delivery points; or[<-Struck out]
[Struck out->]
‘(3) centralized delivery points.[<-Struck out]
[Struck out->]
‘(c) Exceptions-[<-Struck out]
[Struck out->]
‘(1) CONTINUED DOOR DELIVERY- The Postal Service may allow for the continuation of door delivery due to--[<-Struck out]
[Struck out->]
‘(A) a physical hardship of a customer;[<-Struck out]
[Struck out->]
‘(B) weather, in a geographic area where snow removal efforts could obstruct access to mailboxes near a road;[<-Struck out]
[Struck out->]
‘(C) circumstances in an urban area that preclude efficient use of curbside delivery points;[<-Struck out]
[Struck out->]
‘(D) other exceptional circumstances, as determined in accordance with regulations issued by the Postal Service; or[<-Struck out]
[Struck out->]
‘(E) other circumstances in which the Postal Service determines that alternatives to door delivery would not be practical or cost effective.[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(e) Review- Subchapter V of this chapter shall not apply with respect to any action taken by the Postal Service under this section.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(1) includes the number of door delivery points--[<-Struck out]
[Struck out->]
‘(A) that existed at the end of the fiscal year preceding the preceding fiscal year;[<-Struck out]
[Struck out->]
‘(B) that existed at the end of the preceding fiscal year;[<-Struck out]
[Struck out->]
‘(C) that, during the preceding fiscal year, converted to--[<-Struck out]
[Struck out->]
‘(i) curbline delivery points or sidewalk delivery points;[<-Struck out]
[Struck out->]
‘(ii) centralized delivery points; and[<-Struck out]
[Struck out->]
‘(iii) any other type of delivery point; and[<-Struck out]
[Struck out->]
‘(D) for which door delivery was continued under subsection (c)(1);[<-Struck out]
[Struck out->]
‘(2) estimates the cost savings from the conversions from door delivery that occurred during the preceding fiscal year;[<-Struck out]
[Struck out->]
‘(3) describes the progress of the Postal Service toward achieving the requirements under subsection (b); and[<-Struck out]
[Struck out->]
‘(4) provides such additional information as the Postal Service considers appropriate.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘3692. Conversion of door delivery points.’.[<-Struck out]
[Struck out->]SEC. 206. LIMITATIONS ON CHANGES TO MAIL DELIVERY SCHEDULE.[<-Struck out][Struck out->](a) Limitation on Change in Schedule- Notwithstanding any other provision of law--[<-Struck out]
[Struck out->](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 undersection 3691 of title 39, United States Code [<-Struck out]
[Struck out->](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 undersection 3691 of title 39, United States Code [<-Struck out]
[Struck out->](b) Preconditions- If the Postal Service intends to establish a change in delivery schedule under subsection (a)(2), the Postal Service shall--[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](A) become profitable by fiscal year 2015; and[<-Struck out]
[Struck out->](B) achieve long-term financial solvency; and[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](B) the Comptroller General of the United States; and[<-Struck out]
[Struck out->](C) the Commission.[<-Struck out]
[Struck out->](c) Review-[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](i) become profitable by fiscal year 2015; and[<-Struck out]
[Struck out->](ii) achieve long-term financial solvency.[<-Struck out]
[Struck out->](2) POSTAL REGULATORY COMMISSION-[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](B) ADVISORY OPINION-[<-Struck out]
[Struck out->](i) IN GENERAL- The Commission shall--[<-Struck out]
[Struck out->](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 undersection 3661(b)(2) of title 39, United States Code [<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](ii) REQUIRED DETERMINATIONS- An advisory opinion under clause (i) shall determine--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](II) based on the report submitted by the Comptroller General under paragraph (1)--[<-Struck out]
[Struck out->](aa) whether the Postal Service has implemented measures to reduce operating losses as required under subsection (b)(3);[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](cc) whether a change in schedule under subsection (a)(2) is necessary to allow the Postal Service to--[<-Struck out]
[Struck out->](AA) become profitable by fiscal year 2015; and[<-Struck out]
[Struck out->](BB) achieve long-term financial solvency.[<-Struck out]
[Struck out->](3) PROHIBITION ON IMPLEMENTATION OF CHANGE IN SCHEDULE- The Postal Service may not implement a change in delivery schedule under subsection (a)(2)--[<-Struck out]
[Struck out->](A) before the date on which the Comptroller General submits the report required under paragraph (1); and[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](d) Additional Limitations-[<-Struck out]
[Struck out->](1) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed to--[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](B) authorize any change in--[<-Struck out]
[Struck out->](i) the days and times that postal retail service or any mail acceptance is available; or[<-Struck out]
[Struck out->](ii) the locations at which postal retail service or mail acceptance occurs;[<-Struck out]
[Struck out->](C) authorize any change in the frequency of delivery to a post office box;[<-Struck out]
[Struck out->](D) prohibit the collection or delivery of a competitive mail product on a weekend or a recognized Federal holiday; or[<-Struck out]
[Struck out->](E) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->]SEC. 207. TIME LIMITS FOR CONSIDERATION OF SERVICE CHANGES.[<-Struck out][Struck out->]Section 3661 of title 39, United States Code
[Struck out->]
‘(b) Proposed Changes for Market-dominant Products-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) ADVISORY OPINION- Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall--[<-Struck out]
[Struck out->]
‘(A) provide an opportunity for public comment on the proposal; and[<-Struck out]
[Struck out->]
‘(B) issue an advisory opinion not later than--[<-Struck out]
[Struck out->]
‘(i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(4) ACTION ON PROPOSAL- The Postal Service may take action regarding a proposal submitted under paragraph (1)--[<-Struck out]
[Struck out->]
‘(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);[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(C) after the date described in paragraph (2)(B), if--[<-Struck out]
[Struck out->]
‘(i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described in paragraph (2)(B); and[<-Struck out]
[Struck out->]
‘(ii) the action is not otherwise prohibited under Federal law.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->]SEC. 208. PUBLIC PROCEDURES FOR SIGNIFICANT CHANGES TO MAILING SPECIFICATIONS.[<-Struck out][Struck out->](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--[<-Struck out]
[Struck out->](1) publish a notice of the proposed change to the specification in the Federal Register;[<-Struck out]
[Struck out->](2) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days;[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](A) the final change to the specification in the Federal Register;[<-Struck out]
[Struck out->](B) responses to any comments submitted under paragraph (2); and[<-Struck out]
[Struck out->](C) an analysis of the financial impact that the proposed change would have on--[<-Struck out]
[Struck out->](i) the Postal Service; and[<-Struck out]
[Struck out->](ii) the customers of the Postal Service that would be affected by the proposed change; and[<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](1) change the mailing specifications by--[<-Struck out]
[Struck out->](A) issuing an interim final rule that--[<-Struck out]
[Struck out->](i) includes a finding by the Postal Service that there is good cause for the interim final rule;[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) publishing in the Federal Register a response to any comments submitted under subparagraph (A)(ii); and[<-Struck out]
[Struck out->](2) waive the requirement under paragraph (1)(A)(iii) or subsection (a)(4).[<-Struck out]
[Struck out->](c) Rules Relating to Notice and Comment-[<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->](2) RULES- In issuing the rules required under paragraph (1), the Postal Service shall--[<-Struck out]
[Struck out->](A) publish a notice of proposed rulemaking in the Federal Register that includes proposed definitions of the terms ‘mailing specifications’ and ‘significant burden’;[<-Struck out]
[Struck out->](B) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; and[<-Struck out]
[Struck out->](C) publish--[<-Struck out]
[Struck out->](i) the rule in final form in the Federal Register; and[<-Struck out]
[Struck out->](ii) responses to the comments submitted under subparagraph (B).[<-Struck out]
[Struck out->]SEC. 209. NONPOSTAL PRODUCTS AND SERVICES.[<-Struck out][Struck out->](a) In General-Section 404 of title 39, United States Code [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and[<-Struck out]
[Struck out->](B) by inserting after paragraph (5) the following:[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) makes a determination that the provision of such services--[<-Struck out]
[Struck out->]
‘(i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service;[<-Struck out]
[Struck out->]
‘(ii) is consistent with the public interest and a demonstrated or potential public demand for--[<-Struck out]
[Struck out->]
‘(I) the Postal Service to provide the services instead of another entity providing the services; or[<-Struck out]
[Struck out->]
‘(II) the Postal Service to provide the services in addition to another entity providing the services;[<-Struck out]
[Struck out->]
‘(iii) would not create unfair competition with the private sector; and[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](2) in subsection (e)(2), by striking ‘Nothing’ and all that follows through ‘except that the’ and inserting ‘The’.[<-Struck out]
[Struck out->](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 undersection 404(a)(6)(A)(iv) of title 39, United States Code [<-Struck out]
[Struck out->]
TITLE III--FEDERAL EMPLOYEES’ COMPENSATION ACT[<-Struck out]
SEC. 301. SHORT TITLE; REFERENCES.[<-Struck out][Struck out->](a) Short Title- This title may be cited as the ‘Workers’ Compensation Reform Act of 2011’.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->]SEC. 302. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT-AGE EMPLOYEES.[<-Struck out][Struck out->](a) Conversion of Entitlement at Retirement Age-[<-Struck out]
[Struck out->](1) DEFINITIONS- Section 8101 is amended[<-Struck out]
[Struck out->](A) in paragraph (18), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](B) in paragraph (19), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](C) in paragraph (20), by striking the period at the end and inserting a semicolon; and[<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(24) ‘individual who has an exempt disability condition’ means an individual--[<-Struck out]
[Struck out->]
‘(A) who--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) meets the criteria under 8105(c);[<-Struck out]
[Struck out->]
‘(B) who, on the date of enactment of the Workers’ Compensation Reform Act of 2011--[<-Struck out]
[Struck out->]
‘(i) is eligible to receive continuous periodic compensation for total disability under section 8105; and[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(C) who is eligible to receive continuous periodic compensation for total disability under section 8105--[<-Struck out]
[Struck out->]
‘(i) for not less than the 3-year period ending on the date of enactment of the Workers’ Compensation Reform Act of 2011; or[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](2) TOTAL DISABILITY- Section 8105 is amended--[<-Struck out]
[Struck out->](A) in subsection (a), by striking ‘If’ and inserting ‘In General- Subject to subsection (b), if’;[<-Struck out]
[Struck out->](B) by redesignating subsection (b) as subsection (c); and[<-Struck out]
[Struck out->](C) by inserting after subsection (a) the following:[<-Struck out]
[Struck out->]
‘(b) Conversion of Entitlement at Retirement Age-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) EXCEPTIONS-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) on the date of enactment of the Workers’ Compensation Reform Act of 2011, has attained retirement age; or[<-Struck out]
[Struck out->]
‘(ii) is an individual who has an exempt disability condition.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) the date on which the employee attains retirement age; and[<-Struck out]
[Struck out->]
‘(ii) the date that is 3 years after the date of enactment of the Workers’ Compensation Reform Act of 2011.’.[<-Struck out]
[Struck out->](3) PARTIAL DISABILITY- Section 8106 is amended--[<-Struck out]
[Struck out->](A) in subsection (a), by striking ‘If’ and inserting ‘In General- Subject to subsection (b), if’;[<-Struck out]
[Struck out->](B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and[<-Struck out]
[Struck out->](C) by inserting after subsection (a) the following:[<-Struck out]
[Struck out->]
‘(b) Conversion of Entitlement at Retirement Age-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) EXCEPTIONS-[<-Struck out]
[Struck out->]
‘(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 theWorkers’ Compensation Reform Act of 2011, the employee has attained retirement age.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) the date on which the employee attains retirement age; and[<-Struck out]
[Struck out->]
‘(ii) the date that is 3 years after the date of enactment of the Workers’ Compensation Reform Act of 2011.’.[<-Struck out]
[Struck out->]SEC. 303. AUGMENTED COMPENSATION FOR DEPENDENTS.[<-Struck out][Struck out->](a) In General- Section 8110 is amended--[<-Struck out]
[Struck out->](1) by redesignating subsection (b) as subsection (c); and[<-Struck out]
[Struck out->](2) by inserting after subsection (a) the following:[<-Struck out]
[Struck out->]
‘(b) Termination of Augmented Compensation-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided.[<-Struck out]
[Struck out->]
‘(2) EXCEPTIONS-[<-Struck out]
[Struck out->]
‘(A) TOTAL DISABILITY- For a covered claim for total disability by an employee--[<-Struck out]
[Struck out->]
‘(i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->](b) Maximum and Minimum Monthly Payments- Section 8112 is amended--[<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) by inserting ‘subsections (b) and (c) and’ before ‘section 8138’;[<-Struck out]
[Struck out->](B) by striking ‘including augmented compensation under section 8110 of this title but’; and[<-Struck out]
[Struck out->](C) by striking ‘75 percent’ each place it appears and inserting ‘66 2/3 percent’;[<-Struck out]
[Struck out->](2) by redesignating subsection (b) as subsection (c);[<-Struck out]
[Struck out->](3) by inserting after subsection (a) the following:[<-Struck out]
[Struck out->]
‘(b) Exceptions-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) subsection (a) shall be applied by substituting ‘75 percent’ for ‘66 2/3 percent’ each place it appears.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) subsection (a) shall be applied by substituting ‘75 percent’ for ‘66 2/3 percent’ each place it appears.’; and[<-Struck out]
[Struck out->](4) in subsection (c), as redesignated by paragraph (2), by striking ‘subsection (a)’ and inserting ‘subsections (a) and (b)’.[<-Struck out]
[Struck out->](c) Death Benefits Generally- Section 8133 is amended--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](d) Death Benefits for Civil Air Patrol Volunteers- Section 8141 is amended--[<-Struck out]
[Struck out->](1) in subsection (b)(2)(B) by striking ‘75 percent’ and inserting ‘66 2/3 percent (except as provided in subsection (c))’;[<-Struck out]
[Struck out->](2) by redesignating subsection (c) as subsection (d); and[<-Struck out]
[Struck out->](3) by inserting after subsection (b) the following:[<-Struck out]
[Struck out->]
‘(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’.’.[<-Struck out]
[Struck out->]SEC. 304. SCHEDULE COMPENSATION PAYMENTS.[<-Struck out][Struck out->]Section 8107 is amended--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(d) Rate for Compensation-[<-Struck out]
[Struck out->]
‘(1) ANNUAL SALARY-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) ESTABLISHMENT-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(e) Simultaneous Receipt-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation.’.[<-Struck out]
[Struck out->]SEC. 305. VOCATIONAL REHABILITATION.[<-Struck out][Struck out->](a) In General- Section 8104 is amended--[<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) by striking ‘(a) The Secretary of Labor may’ and all that follows through ‘undergo vocational rehabilitation.’ and inserting the following:[<-Struck out]
[Struck out->]
‘(a) In General-[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](2) by redesignating subsection (b) as subsection (c);[<-Struck out]
[Struck out->](3) by inserting after subsection (a) the following:[<-Struck out]
[Struck out->]
‘(b) Contents of Return to Work Plan- A return to work plan developed under subsection (a)--[<-Struck out]
[Struck out->]
‘(1) shall--[<-Struck out]
[Struck out->]
‘(A) set forth specific measures designed to increase the wage-earning capacity of an individual;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](4) in subsection (c), as so redesignated--[<-Struck out]
[Struck out->](A) by inserting ‘Compensation- ’ before ‘Notwithstanding’; and[<-Struck out]
[Struck out->](B) by striking ‘, other than employment undertaken pursuant to such rehabilitation’; and[<-Struck out]
[Struck out->](5) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(d) Assisted Reemployment Agreements-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) CONTENTS- An assisted reemployment agreement under paragraph (1)--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) may not be for a period of more than 3 years.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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.’.[<-Struck out]
[Struck out->](c) Mandatory Benefit Reduction for Noncompliance- Section 8113(b) is amended by striking ‘may reduce’ and inserting ‘shall reduce’.[<-Struck out]
[Struck out->](d) Technical and Conforming Amendments-[<-Struck out]
[Struck out->](1) IN GENERAL- Subchapter III of chapter 15 of title 31, United States Code, is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘Sec. 1538. Authorization for assisted reemployment[<-Struck out]
[Struck out->]
‘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.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘1538. Authorization for assisted reemployment.’.[<-Struck out]
[Struck out->]SEC. 306. REPORTING REQUIREMENTS.[<-Struck out][Struck out->](a) In General- Chapter 81 is amended by inserting after section 8106 the following:[<-Struck out]
[Struck out->]‘Sec. 8106a. Reporting requirements[<-Struck out]
[Struck out->]
‘(a) Definition- In this section, the term ‘employee receiving compensation’ means an employee who--[<-Struck out]
[Struck out->]
‘(1) is paid compensation under section 8105 or 8106; and[<-Struck out]
[Struck out->]
‘(2) has not attained retirement age.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(d) Failure To Report and False Reports-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘8106a. Reporting requirements.’.[<-Struck out]
[Struck out->]SEC. 307. DISABILITY MANAGEMENT REVIEW; INDEPENDENT MEDICAL EXAMINATIONS.[<-Struck out][Struck out->]Section 8123 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(e) Disability Management Review-[<-Struck out]
[Struck out->]
‘(1) DEFINITIONS- In this subsection--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) the term ‘disability management review process’ means the disability management review process established under paragraph (2)(A).[<-Struck out]
[Struck out->]
‘(2) ESTABLISHMENT- The Secretary of Labor shall--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) promulgate regulations for the administration of the disability management review process.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(4) FREQUENCY-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) MINIMUM FREQUENCY-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(ii) SUBSEQUENT EXAMINATIONS- After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years.[<-Struck out]
[Struck out->]
‘(5) EMPLOYING AGENCY OR INSTRUMENTALITY REQUESTS-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) REQUESTING OFFICER- A request under subparagraph (A) shall be made on behalf of an agency or instrumentality by--[<-Struck out]
[Struck out->]
‘(i) the head of the agency or instrumentality;[<-Struck out]
[Struck out->]
‘(ii) the Chief Human Capital Officer of the agency or instrumentality; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(C) INFORMATION- A request under subparagraph (A) shall be in writing and accompanied by--[<-Struck out]
[Struck out->]
‘(i) a certification by the officer making the request that the officer has reviewed the relevant material in the employee’s file;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(E) AFTER INITIAL EXAMINATION-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(I) review the request and the information, explanation, and other materials submitted with the request; and[<-Struck out]
[Struck out->]
‘(II) determine whether to require the physical examination of the employee who is the subject of the request.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 308. WAITING PERIOD.[<-Struck out][Struck out->](a) In General- Section 8117 is amended--[<-Struck out]
[Struck out->](1) in the section heading, by striking ‘Time of accrual of right’ and inserting ‘Waiting period’;[<-Struck out]
[Struck out->](2) in subsection (a)--[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](B) in paragraph (1), by adding ‘or’ at the end;[<-Struck out]
[Struck out->](C) by striking paragraph (2); and[<-Struck out]
[Struck out->](D) by redesignating paragraph (3) as paragraph (2); and[<-Struck out]
[Struck out->](3) in subsection (b)--[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](B) by striking ‘that 3-day period’ and inserting ‘the first 3 days of temporary disability’; and[<-Struck out]
[Struck out->](C) by striking ‘or is followed by permanent disability’.[<-Struck out]
[Struck out->](b) Continuation of Pay- Section 8118 is amended--[<-Struck out]
[Struck out->](1) in the section heading, by striking ‘; election to use annual or sick leave’;[<-Struck out]
[Struck out->](2) in subsection (b)(1), by striking ‘section 8117(b)’ and inserting ‘section 8117’;[<-Struck out]
[Struck out->](3) by striking subsection (c); and[<-Struck out]
[Struck out->](4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘8117. Waiting period.[<-Struck out]
[Struck out->]
‘8118. Continuation of pay.’.[<-Struck out]
[Struck out->]SEC. 309. ELECTION OF BENEFITS.[<-Struck out][Struck out->](a) In General- Section 8116 is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(e) Retirement Benefits-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) ELECTION-[<-Struck out]
[Struck out->]
‘(A) DEADLINE- An individual shall make an election under paragraph (1) in accordance with such deadlines as the Secretary of Labor shall establish.[<-Struck out]
[Struck out->]
‘(B) REVOCABILITY- An election under paragraph (1) shall be revocable, notwithstanding any other provision of law, except for any period during which an individual--[<-Struck out]
[Struck out->]
‘(i) was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph (1); and[<-Struck out]
[Struck out->]
‘(ii) was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->]SEC. 310. SANCTION FOR NONCOOPERATION WITH FIELD NURSES.[<-Struck out][Struck out->]Section 8123, as amended by section 307, is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(f) Field Nurses-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 311. SUBROGATION OF CONTINUATION OF PAY.[<-Struck out][Struck out->](a) In General- Section 8131 is amended--[<-Struck out]
[Struck out->](1) in subsection (a), in the matter preceding paragraph (1), by inserting ‘continuation of pay or’ before ‘compensation’; and[<-Struck out]
[Struck out->](2) in subsection (b), by inserting ‘continuation of pay’ before compensation; and[<-Struck out]
[Struck out->](3) in subsection (c)--[<-Struck out]
[Struck out->](A) by inserting ‘continuation of pay or’ before ‘compensation already paid’; and[<-Struck out]
[Struck out->](B) by inserting ‘continuation of pay or’ before ‘compensation payable’.[<-Struck out]
[Struck out->](b) Adjustment After Recovery From a Third Person- Section 8132 is amended--[<-Struck out]
[Struck out->](1) in the first sentence--[<-Struck out]
[Struck out->](A) by inserting ‘continuation of pay or’ before ‘compensation is payable’;[<-Struck out]
[Struck out->](B) by inserting ‘continuation of pay or’ before ‘compensation from the United States’;[<-Struck out]
[Struck out->](C) by striking ‘by him or in his behalf’ and inserting ‘by the beneficiary or on behalf of the beneficiary’;[<-Struck out]
[Struck out->](D) by inserting ‘continuation of pay and’ before ‘compensation paid by the United States’; and[<-Struck out]
[Struck out->](E) by striking ‘compensation payable to him’ and inserting ‘continuation of pay or compensation payable to the beneficiary’;[<-Struck out]
[Struck out->](2) in the second sentence, by striking ‘his designee’ and inserting ‘the designee of the beneficiary’; and[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->]SEC. 312. SOCIAL SECURITY EARNINGS INFORMATION.[<-Struck out][Struck out->]Section 8116, as amended by section 308, is amended by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 313. AMOUNT OF COMPENSATION.[<-Struck out][Struck out->](a) Injuries to Face, Head, and Neck- Section 8107(c)(21) is amended--[<-Struck out]
[Struck out->](1) by striking ‘not to exceed $3,500’ and inserting ‘in proportion to the severity of the disfigurement, not to exceed $50,000,’; and[<-Struck out]
[Struck out->](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.’.[<-Struck out]
[Struck out->](b) Funeral Expenses- Section 8134(a) is amended--[<-Struck out]
[Struck out->](1) by striking ‘$800’ and inserting ‘$6,000’; and[<-Struck out]
[Struck out->](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.’.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->]SEC. 314. TECHNICAL AND CONFORMING AMENDMENTS.[<-Struck out][Struck out->]Chapter 81 is amended--[<-Struck out]
[Struck out->](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 5 U.S.C. 8101 [<-Struck out]
[Struck out->](2) in section 8139, by inserting ‘under this subchapter’ after ‘Compensation awarded’;[<-Struck out]
[Struck out->](3) in section 8148(a), by striking ‘section 8106’ and inserting ‘section 8106a’;[<-Struck out]
[Struck out->]SEC. 315. REGULATIONS.[<-Struck out][Struck out->](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.[<-Struck out]
[Struck out->](b) Contents- The regulations promulgated under subsection (a) shall include, for purposes of the amendments made by sections 302 and 303, clarification of--[<-Struck out]
[Struck out->](1) what is a claim; and[<-Struck out]
[Struck out->](2) what is the date on which a period of disability, for which a claim is made, commences.[<-Struck out]
[Struck out->]
TITLE IV--OTHER MATTERS[<-Struck out]
SEC. 401. PROFITABILITY PLAN.[<-Struck out][Struck out->](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--[<-Struck out]
[Struck out->](1) become profitable by fiscal year 2015; and[<-Struck out]
[Struck out->](2) achieve long-term financial solvency.[<-Struck out]
[Struck out->](b) Considerations- The plan required under subsection (a) shall take into consideration--[<-Struck out]
[Struck out->](1) the legal authority of the Postal Service;[<-Struck out]
[Struck out->](2) the changes in the legal authority and responsibilities of the Postal Service under this Act;[<-Struck out]
[Struck out->](3) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; and[<-Struck out]
[Struck out->](4) projected changes in mail volume.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->]SEC. 402. POSTAL RATES.[<-Struck out][Struck out->](a) Commission Study-[<-Struck out]
[Struck out->](1) IN GENERAL- Not earlier than 2 years after the date of enactment of this Act, the Commission shall commence a study to determine--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->](2) REQUIREMENTS- The Commission shall conduct the study under paragraph (1) in a manner that protects confidential and proprietary business information.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](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);[<-Struck out]
[Struck out->](2) for any class of mail for which the Commission makes a determination under paragraph (1), update the study under subsection (a); and[<-Struck out]
[Struck out->](3) include the study updated under paragraph (2) in the annual written determination of the Commission undersection 3653 of title 39, United States Code [<-Struck out]
[Struck out->](c) Postal Rates-[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](A) using the authority to increase rates undersection 3622(d)(1)(A) of title 39, United States Code [<-Struck out]
[Struck out->](B) exhausting any unused rate adjustment authority, as defined insection 3622(d)(2)(C) of title 39, United States Code [<-Struck out]
[Struck out->](C) maximizing incentives to reduce costs and increase efficiency with regard to the processing, transportation, and delivery of such mail by the Postal Service.[<-Struck out]
[Struck out->](4) UNUSED RATE ADJUSTMENT AUTHORITY-Section 3622(d)(2)(C) of title 39, United States Code [<-Struck out]
[Struck out->]SEC. 403. COOPERATION WITH STATE AND LOCAL GOVERNMENTS; INTRA-SERVICE AGREEMENTS.[<-Struck out][Struck out->](a) Cooperation With State and Local Governments-Section 411 of title 39, United States Code [<-Struck out]
[Struck out->](b) Intra-Service Agreements-Section 411 of title 39, United States Code [<-Struck out]
[Struck out->](1) in the section heading, by adding at the end the following: ‘and within the Postal Service’;[<-Struck out]
[Struck out->](2) in the second sentence, by striking ‘section’ and inserting ‘subsection’;[<-Struck out]
[Struck out->](3) by striking ‘Executive agencies’ and inserting the following:[<-Struck out]
[Struck out->]
‘(a) Cooperation With State and Local Governments- Executive agencies’; and[<-Struck out]
[Struck out->](4) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘411. Cooperation with other Government agencies and within the Postal Service.’.[<-Struck out]
[Struck out->]SEC. 404. SHIPPING OF WINE AND BEER.[<-Struck out][Struck out->](a) Mailability-[<-Struck out]
[Struck out->](1) NONMAILABLE ARTICLES-Section 1716(f) of title 18, United States Code [<-Struck out]
[Struck out->](2) APPLICATION OF LAWS-Section 1161 of title 18, United States Code 27 U.S.C. 211 [<-Struck out]
[Struck out->](b) Regulations-Section 3001 of title 39, United States Code [<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(2) Wine or malt beverages shall be considered mailable if mailed--[<-Struck out]
[Struck out->]
‘(A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (3); and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(D) the wine or malt beverages may not be for resale or other commercial purpose; and[<-Struck out]
[Struck out->]
‘(E) the winery or brewery involved shall--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes.[<-Struck out]
[Struck out->]
‘(4) For purposes of this subsection--[<-Struck out]
[Struck out->]
‘(A) a winery shall be considered to be licensed if it holds an appropriate basic permit issued--[<-Struck out]
[Struck out->]
‘(i) under the Federal Alcohol Administration Act; and[<-Struck out]
[Struck out->]
‘(ii) under the law of the State in which the winery is located; and[<-Struck out]
[Struck out->]
‘(B) a brewery shall be considered to be licensed if--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(ii) it is licensed to manufacture and sell malt beverages in the State in which the brewery is located.’.[<-Struck out]
[Struck out->](c) Effective Date- The amendments made by this section shall take effect on the earlier of--[<-Struck out]
[Struck out->](1) the date on which the Postal Service issues regulations undersection 3001(p) of title 39, United States Code [<-Struck out]
[Struck out->](2) 120 days after the date of enactment of this Act.[<-Struck out]
[Struck out->]SEC. 405. ANNUAL REPORT ON UNITED STATES MAILING INDUSTRY.[<-Struck out][Struck out->](a) In General- Chapter 24 of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘Sec. 2403. Annual report on the fiscal stability of the United States mailing industry[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and[<-Struck out]
[Struck out->]
‘(2) the Committee on Oversight and Government Reform of the House of Representatives.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘2403. Annual report on the fiscal stability of the United States mailing industry.’.[<-Struck out]
[Struck out->]SEC. 406. USE OF NEGOTIATED SERVICE AGREEMENTS.[<-Struck out][Struck out->]Section 3622 of title 39, United States Code
[Struck out->](1) in subsection (c)(10)(A)--[<-Struck out]
[Struck out->](A) in the matter preceding clause (i), by striking ‘either’ and inserting ‘will’;[<-Struck out]
[Struck out->](B) in clause (i), by striking ‘or’ at the end;[<-Struck out]
[Struck out->](C) in clause (ii), by striking ‘and’ at the end and inserting ‘or’; and[<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(iii) preserve mail volume and revenue; and’; and[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->]SEC. 407. CONTRACT DISPUTES.[<-Struck out][Struck out->]Section 7101(8) of title 41, United States Code
[Struck out->](1) in subparagraph (C), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](2) in subparagraph (D), by striking the period at the end and inserting ‘; and’; and[<-Struck out]
[Struck out->](3) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(E) the United States Postal Service and the Postal Regulatory Commission.’.[<-Struck out]
[Struck out->]SEC. 408. CONTRACTING PROVISIONS.[<-Struck out][Struck out->](a) In General- Part I of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘CHAPTER 7--CONTRACTING PROVISIONS[<-Struck out]
[Struck out->]
‘Sec.[<-Struck out]
[Struck out->]
‘701. Definitions.[<-Struck out]
[Struck out->]
‘702. Advocate for competition.[<-Struck out]
[Struck out->]
‘703. Delegation of contracting authority.[<-Struck out]
[Struck out->]
‘704. Posting of noncompetitive purchase requests for noncompetitive contracts.[<-Struck out]
[Struck out->]
‘705. Review of ethical issues.[<-Struck out]
[Struck out->]
‘706. Ethical restrictions on participation in certain contracting activity.[<-Struck out]
[Struck out->]‘Sec. 701. Definitions[<-Struck out]
[Struck out->]
‘In this chapter--[<-Struck out]
[Struck out->]
‘(1) the term ‘contracting officer’ means an employee of a covered postal entity who has authority to enter into a postal contract;[<-Struck out]
[Struck out->]
‘(2) the term ‘covered postal entity’ means--[<-Struck out]
[Struck out->]
‘(A) the United States Postal Service; or[<-Struck out]
[Struck out->]
‘(B) the Postal Regulatory Commission;[<-Struck out]
[Struck out->]
‘(3) the term ‘head of a covered postal entity’ means--[<-Struck out]
[Struck out->]
‘(A) in the case of the United States Postal Service, the Postmaster General; or[<-Struck out]
[Struck out->]
‘(B) in the case of the Postal Regulatory Commission, the Chairman of the Postal Regulatory Commission;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(5) the term ‘senior procurement executive’ means the senior procurement executive of a covered postal entity.[<-Struck out]
[Struck out->]‘Sec. 702. Advocate for competition[<-Struck out]
[Struck out->]
‘(a) Establishment and Designation-[<-Struck out]
[Struck out->]
‘(1) There is established in each covered postal entity an advocate for competition.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Responsibilities- The advocate for competition of each covered postal entity shall--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(2) review the procurement activities of the covered postal entity; and[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) the activities of the advocate under this section;[<-Struck out]
[Struck out->]
‘(B) initiatives required to promote competition;[<-Struck out]
[Struck out->]
‘(C) barriers to competition that remain; and[<-Struck out]
[Struck out->]
‘(D) the number of waivers made by each covered postal entity under section 704(c).[<-Struck out]
[Struck out->]‘Sec. 703. Delegation of contracting authority[<-Struck out]
[Struck out->]
‘(a) In General-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) CONTENTS- The policy issued under paragraph (1) shall require that--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Posting of Delegations-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]‘Sec. 704. Posting of noncompetitive purchase requests for noncompetitive contracts[<-Struck out]
[Struck out->]
‘(a) Posting Required-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) not later than 14 days after the date of the award of the noncompetitive contract; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) not later than 14 days after the date of the award; or[<-Struck out]
[Struck out->]
‘(B) not later than 30 days after the date of the award, if the basis for the award was a compelling business interest.[<-Struck out]
[Struck out->]
‘(3) ADJUSTMENTS TO THE POSTING THRESHOLD FOR THE UNITED STATES POSTAL SERVICE-[<-Struck out]
[Struck out->]
‘(A) REVIEW AND DETERMINATION- Not later than January 31 of each year, the United States Postal Service shall--[<-Struck out]
[Struck out->]
‘(i) review the $250,000 threshold established under paragraph (2); and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Public Availability-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) PROTECTION OF PROPRIETARY INFORMATION- A covered postal entity shall--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) remove any proprietary data or security-related information before making publicly available a description of the rational supporting a noncompetitive award.[<-Struck out]
[Struck out->]
‘(c) Waivers-[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(2) FORM AND CONTENT OF WAIVER-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) CONTENT- A waiver under paragraph (1) shall include--[<-Struck out]
[Struck out->]
‘(i) a description of the risk associated with making the noncompetitive purchase request publicly available; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]‘Sec. 705. Review of ethical issues[<-Struck out]
[Struck out->]
‘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--[<-Struck out]
[Struck out->]
‘(1) review the proposed contract; and[<-Struck out]
[Struck out->]
‘(2) advise the contracting officer on the appropriate resolution of ethical issues.[<-Struck out]
[Struck out->]‘Sec. 706. Ethical restrictions on participation in certain contracting activity[<-Struck out]
[Struck out->]
‘(a) Definitions- In this section--[<-Struck out]
[Struck out->]
‘(1) the term ‘covered employee’ means--[<-Struck out]
[Struck out->]
‘(A) a contracting officer; or[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) In General-[<-Struck out]
[Struck out->]
‘(1) REGULATIONS- The head of each covered postal entity shall prescribe regulations that--[<-Struck out]
[Struck out->]
‘(A) require a covered employee to include in the file of any noncompetitive purchase request for a noncompetitive postal contract a written certification that--[<-Struck out]
[Struck out->]
‘(i) discloses any covered relationship of the covered employee; and[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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’);[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) authorize a covered employee that makes a disclosure under subparagraph (A)(i) to participate in the noncompetitive postal contract; or[<-Struck out]
[Struck out->]
‘(ii) disqualify a covered employee that makes a disclosure under subparagraph (A)(i) from participating in the noncompetitive postal contract;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(c) Contract Voidance and Recovery-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) void that contract; and[<-Struck out]
[Struck out->]
‘(B) recover the amounts expended and property transferred by the covered postal entity under that contract.[<-Struck out]
[Struck out->]
‘(2) OBTAINING OR DISCLOSING PROCUREMENT INFORMATION-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) void that contract; and[<-Struck out]
[Struck out->]
‘(ii) recover the amounts expended and property transferred by the covered postal entity under that contract.[<-Struck out]
[Struck out->]
‘(B) CONVICTION OR ADMINISTRATIVE DETERMINATION- A case described under subparagraph (A) is any case in which--[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]701’.[<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘21st Century Postal Service Act of 2011.’[<-Struck out]The table of contents for this Act is as follows:[<-Struck out]Sec. 1. Short title.[<-Struck out]Sec. 2. Table of contents.[<-Struck out]Sec. 3. Definitions.[<-Struck out]Sec. 101. Treatment of surplus contributions to Federal Employees Retirement System.[<-Struck out]Sec. 102. Additional service credit.[<-Struck out]Sec. 103. Medicare coverage for Postal Service Medicare eligible annuitants.[<-Struck out]Sec. 104. Restructuring of payments for retiree health benefits.[<-Struck out]Sec. 105. Postal Service Health Benefits Program.[<-Struck out]Sec. 106. Arbitration; labor disputes.[<-Struck out]Sec. 201. Postal facilities.[<-Struck out]Sec. 202. Additional Postal Service planning.[<-Struck out]Sec. 203. Area and district office structure.[<-Struck out]Sec. 204. Retail service standards.[<-Struck out]Sec. 205. Conversion of door delivery points.[<-Struck out]Sec. 206. Limitations on changes to mail delivery schedule.[<-Struck out]Sec. 207. Time limits for consideration of service changes.[<-Struck out]Sec. 208. Public procedures for significant changes to mailing specifications.[<-Struck out]Sec. 209. Nonpostal products and services.[<-Struck out]Sec. 301. Short title; references.[<-Struck out]Sec. 302. Federal workers compensation reforms for retirement-age employees.[<-Struck out]Sec. 303. Augmented compensation for dependents.[<-Struck out]Sec. 304. Schedule compensation payments.[<-Struck out]Sec. 305. Vocational rehabilitation.[<-Struck out]Sec. 306. Reporting requirements.[<-Struck out]Sec. 307. Disability management review; independent medical examinations.[<-Struck out]Sec. 308. Waiting period.[<-Struck out]Sec. 309. Election of benefits.[<-Struck out]Sec. 310. Sanction for noncooperation with field nurses.[<-Struck out]Sec. 311. Subrogation of continuation of pay.[<-Struck out]Sec. 312. Social Security earnings information.[<-Struck out]Sec. 313. Amount of compensation.[<-Struck out]Sec. 314. Technical and conforming amendments.[<-Struck out]Sec. 315. Regulations.[<-Struck out]Sec. 401. Profitability plan.[<-Struck out]Sec. 402. Postal rates.[<-Struck out]Sec. 403. Cooperation with State and local governments; intra-Service agreements.[<-Struck out]Sec. 404. Shipping of wine and beer.[<-Struck out]Sec. 405. Annual report on United States mailing industry.[<-Struck out]Sec. 406. Use of negotiated service agreements.[<-Struck out]Sec. 407. Contract disputes.[<-Struck out]Sec. 408. Contracting provisions.[<-Struck out]In this Act, the following definitions shall apply:[<-Struck out](1) COMMISSION- The term ‘Commission’ means the Postal Regulatory Commission.[<-Struck out](2) POSTAL SERVICE- The term ‘Postal Service’ means the United States Postal Service.[<-Struck out][Struck out->]
TITLE I--POSTAL WORKFORCE MATTERS[<-Struck out]
Section 8423(b) of title 5, United States Code (1) by redesignating paragraph (5) as paragraph (6); and[<-Struck out](2) by inserting after paragraph (4) the following:[<-Struck out]‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(ii) retirement service credits, as authorized under section 8332(p) or 8411(m).[<-Struck out]‘(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--[<-Struck out]
‘(i) repaying any obligation issued under section 2005 of title 39; or[<-Struck out]
‘(ii) making required payments to--[<-Struck out]
‘(I) the Employees’ Compensation Fund established under section 8147;[<-Struck out]
‘(II) the Postal Service Retiree Health Benefits Fund established under section 8909a;[<-Struck out]
‘(III) the Employees Health Benefits Fund established under section 8909; or[<-Struck out]
‘(IV) the Civil Service Retirement and Disability Fund.’.[<-Struck out](a) Civil Service Retirement System-Section 8332 of title 5, United States Code [<-Struck out]‘(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).[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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).’.[<-Struck out]
(b) Federal Employees Retirement System-Section 8411 of title 5, United States Code [<-Struck out]‘(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).[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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).’.[<-Struck out](a) Federal Employees Health Benefits Plans-[<-Struck out](1) IN GENERAL- Chapter 89 of title 5, United States Code, is amended by inserting after section 8903b the following:[<-Struck out]‘Sec. 8903c. Postal Service Medicare eligible annuitants[<-Struck out]‘(a) Definitions- In this section--[<-Struck out]
‘(1) the term ‘contract year’ means a calendar year in which health benefits plans are administered under this chapter;[<-Struck out]
‘(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 [<-Struck out]
‘(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 [<-Struck out]
‘(4) the term ‘Postal Service Medicare eligible annuitant’ means an individual who--[<-Struck out]
‘(A) is an annuitant covered under this chapter whose Government contribution is paid by the Postal Service under section 8906(g)(2); and[<-Struck out]
‘(B) is eligible to enroll in Medicare part A and Medicare part B.[<-Struck out]‘(b) Requirement of Medicare Enrollment-[<-Struck out]
‘(1) POSTAL SERVICE MEDICARE ELIGIBLE ANNUITANTS-[<-Struck out]
‘(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.[<-Struck out]
‘(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 [<-Struck out]‘(2) FAMILY MEMBERS OF POSTAL SERVICE MEDICARE ELIGIBLE ANNUITANTS-[<-Struck out]
‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(ii) the individual enrolls for self only coverage under this chapter.[<-Struck out]‘(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--[<-Struck out]
‘(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 [<-Struck out]
‘(ii) the individual enrolls for self only coverage under this chapter.[<-Struck out]‘(c) Enrollment Options-[<-Struck out]
‘(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).[<-Struck out]
‘(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).[<-Struck out]
‘(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.[<-Struck out]
‘(4) ENROLLMENT OPTIONS-[<-Struck out]
‘(A) IN GENERAL- The enrollment options established under paragraph (1) shall include--[<-Struck out]
‘(i) an individual option, for Postal Service Medicare eligible annuitants subject to subsection (b)(1);[<-Struck out]
‘(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[<-Struck out]
‘(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).[<-Struck out]‘(B) SPECIFIC SUB-OPTIONS- The Office may establish more specific enrollment options within the types of options described under subparagraph (A).[<-Struck out]‘(5) REDUCED PREMIUMS TO ACCOUNT FOR MEDICARE COORDINATION- In determining the premiums for the enrollment options under paragraph (4), the Office shall--[<-Struck out]
‘(A) establish a separate claims pool for individuals eligible for coverage under those options; and[<-Struck out]
‘(B) ensure that--[<-Struck out]
‘(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[<-Struck out]
‘(ii) the cost savings described under clause (i) result solely in the reduction of--[<-Struck out]
‘(I) the premiums paid by the Postal Service Medicare eligible annuitant; and[<-Struck out]
‘(II) the Government contributions paid by the Postal Service.[<-Struck out]‘(d) Conversion of Enrollment-[<-Struck out]
‘(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.[<-Struck out]
‘(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).[<-Struck out]‘(e) Postal Service Consultation- The Office shall establish the enrollment options and premiums under this section in consultation with the Postal Service.’.[<-Struck out]
(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:[<-Struck out]‘8903c. Postal Service Medicare eligible annuitants.’.[<-Struck out]
(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.[<-Struck out](b) Special Enrollment Period for Postal Service Medicare Eligible Annuitants-[<-Struck out](1) SPECIAL ENROLLMENT PERIOD-[<-Struck out](A) IN GENERAL- Section 1837 of the Social Security Act (42 U.S.C. 1395p [<-Struck out]‘(m)(1) In the case of any individual who is a Postal Service Medicare eligible annuitant (as defined insection 8903c(a) of title 5, United States Code [<-Struck out]
‘(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.[<-Struck out]
‘(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.’.[<-Struck out]
(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.[<-Struck out](2) WAIVER OF INCREASE OF PREMIUM- Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b) [<-Struck out](a) Contributions-Section 8906(g)(2)(A) of title 5, United States Code [<-Struck out](b) Postal Service Retiree Health Benefits Fund-Section 8909a of title 5, United States Code [<-Struck out](1) in subsection (d)--[<-Struck out](A) in paragraph (2)(B)--[<-Struck out](i) by striking ‘2017’ and inserting ‘2012’; and[<-Struck out](ii) by inserting after ‘later, of’ the following: ‘80 percent of’; and[<-Struck out](B) in paragraph (3)--[<-Struck out](i) in subparagraph (A)--[<-Struck out](I) in clause (iii), by adding ‘and’ at the end;[<-Struck out](II) in clause (iv), by striking the semicolon at the end and inserting a period; and[<-Struck out](III) by striking clauses (v) through (x); and[<-Struck out](ii) in subparagraph (B), by striking ‘2017’ and inserting ‘2012’; and[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(e) Subsections (a) through (d) shall be subject to section 105 of the 21st Century Postal Service Act of 2011.’.[<-Struck out](a) Definitions- In this section--[<-Struck out](1) the term ‘covered employee’ means an employee of the Postal Service who is represented by a bargaining representative recognized undersection 1203 of title 39, United States Code [<-Struck out](2) the term ‘Federal Employee Health Benefits Program’ means the health benefits program under chapter 89 of title 5, United States Code; and[<-Struck out](3) the term ‘Postal Service Health Benefits Program’ means the health benefits program that may be agreed to under subsection (b)(1).[<-Struck out](b) Collective Bargaining-[<-Struck out](1) IN GENERAL- Consistent withsection 1005(f) of title 39, United States Code section 1203 of title 39, United States Code [<-Struck out](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.[<-Struck out](3) TIME LIMITATION- The authority under this subsection shall extend until September 30, 2012.[<-Struck out](c) Postal Service Health Benefits Program- The Postal Service Health Benefits Program--[<-Struck out](1) shall--[<-Struck out](A) be available for participation by all covered employees;[<-Struck out](B) provide adequate and appropriate health benefits;[<-Struck out](C) be administered by the Postmaster General; and[<-Struck out](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;[<-Struck out](2) may provide dental benefits; and[<-Struck out](3) may provide vision benefits.[<-Struck out](d) Agreement and Implementation- If a joint agreement is reached under subsection (b)--[<-Struck out](1) the Postal Service shall implement the Postal Service Health Benefits Program;[<-Struck out](2) the Postal Service Health Benefits Program shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes ofsection 1005(f) of title 39, United States Code [<-Struck out](3) covered employees may not participate as employees in the Federal Employees Health Benefits Program.[<-Struck out](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) [<-Struck out](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--[<-Struck out](1) reports on the implementation of this section; and[<-Struck out](2) requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section.[<-Struck out]Section 1207(c)(2) of title 39, United States Code (1) by inserting ‘(A)’ after ‘(2)’;[<-Struck out](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[<-Struck out](3) by adding at the end the following:[<-Struck out]‘(B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as--[<-Struck out]
‘(i) the financial condition of the Postal Service;[<-Struck out]
‘(ii) the requirements relating to pay and compensation comparability under section 1003(a); and[<-Struck out]
‘(iii) the policies of this title.’.[<-Struck out][Struck out->]
TITLE II--POSTAL SERVICES AND OPERATIONS[<-Struck out]
Section 404 of title 39, United States Code ‘(f) Closing or Consolidation of Certain Postal Facilities-[<-Struck out]
‘(1) POSTAL FACILITY- In this subsection, the term ‘postal facility’ does not include--[<-Struck out]
‘(A) any post office, station, or branch; or[<-Struck out]
‘(B) any facility used only for administrative functions.[<-Struck out]‘(2) AREA MAIL PROCESSING STUDY-[<-Struck out]
‘(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--[<-Struck out]
‘(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;[<-Struck out]
‘(ii) publish the study on the Postal Service website; and[<-Struck out]
‘(iii) publish a notice that the study is complete and available to the public, including on the Postal Service website.[<-Struck out]‘(B) COMPLETED OR ONGOING AREA MAIL PROCESSING STUDIES-[<-Struck out]
‘(i) IN GENERAL- In the case of a postal facility described in clause (ii), the Postal Service shall--[<-Struck out]
‘(I) consider a plan to reduce the capacity of the postal facility, but not close the post facility; and[<-Struck out]
‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(II) a determination as to the necessity for the closing or consolidation of the postal facility has not been made.[<-Struck out]‘(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--[<-Struck out]
‘(A) provide notice of the determination to--[<-Struck out]
‘(i) Congress; and[<-Struck out]
‘(ii) the Postal Regulatory Commission;[<-Struck out]‘(B) provide adequate public notice of the intention of the Postal Service to close or consolidate the postal facility;[<-Struck out]
‘(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);[<-Struck out]
‘(D) before that 45-day period provide for public notice of that opportunity by--[<-Struck out]
‘(i) publication on the Postal Service website;[<-Struck out]
‘(ii) posting at the affected postal facility; and[<-Struck out]
‘(iii) advertising the date and location of the public community meeting under subparagraph (E); and[<-Struck out]‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(A) the views presented by interested persons solicited under paragraph (3);[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(D) the effect of the closing or consolidation on delivery times for all classes of mail;[<-Struck out]
‘(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[<-Struck out]
‘(F) any other factor the Postal Service determines is necessary.[<-Struck out]‘(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--[<-Struck out]
‘(A) a response to all public comments received with respect to the considerations described under paragraph (4);[<-Struck out]
‘(B) a description of the considerations made by the Postal Service under paragraph (4); and[<-Struck out]
‘(C) the actions that will be taken by the Postal Service to mitigate any negative effects identified under paragraph (4).[<-Struck out]‘(6) CLOSING OR CONSOLIDATION OF POSTAL FACILITIES-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(A) is updated routinely; and[<-Struck out]
‘(B) provides any person, at the option of the person, the opportunity to receive relevant updates by electronic mail.’.[<-Struck out]Section 302(d) of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 [<-Struck out](1) in paragraph (8), by striking the period at the end and inserting ‘; and’;[<-Struck out](2) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly;[<-Struck out](3) in the matter preceding subparagraph (A), as so redesignated, by striking ‘shall include’ and inserting the following: ‘shall--[<-Struck out]‘(1) include’; and[<-Struck out]
(4) by adding at the end the following:[<-Struck out]‘(2) where possible, provide for an improvement in customer access to postal services;[<-Struck out]
‘(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[<-Struck out]
‘(4) ensure that--[<-Struck out]
‘(A) small communities and rural areas continue to receive regular and effective access to retail postal services after implementation of the plan; and[<-Struck out]
‘(B) the Postal Service solicits community input in accordance with applicable provisions of Federal law.’.[<-Struck out](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--[<-Struck out](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[<-Struck out](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--[<-Struck out](A) be cost-effective; and[<-Struck out](B) not substantially and adversely affect the operations of the Postal Service.[<-Struck out](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)--[<-Struck out](1) consolidate district offices that are located within 50 miles of each other;[<-Struck out](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[<-Struck out](3) relocate area offices to headquarters.[<-Struck out](c) Updates- The Postal Service shall update the plans required under subsection (a) not less frequently than once every 5 years.[<-Struck out](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 undersection 3691 of title 39, United States Code [<-Struck out](b) Contents- The service standards established under subsection (a) shall--[<-Struck out](1) be consistent with--[<-Struck out](A) the obligations of the Postal Service undersection 101(b) of title 39, United States Code [<-Struck out](B) the contents of the plan developed under section 302 of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 [<-Struck out](2) take into account factors including--[<-Struck out](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;[<-Struck out](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;[<-Struck out](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 [<-Struck out](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.[<-Struck out](a) In General- Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]‘Sec. 3692. Conversion of door delivery points[<-Struck out]‘(a) Definitions- In this section, the following definitions shall apply:[<-Struck out]
‘(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.[<-Struck out]
‘(2) CURBLINE DELIVERY POINT- The term ‘curbline delivery point’ means a delivery point that is--[<-Struck out]
‘(A) adjacent to the street address associated with the delivery point; and[<-Struck out]
‘(B) accessible by vehicle on a street that is not a private driveway.[<-Struck out]‘(3) DOOR DELIVERY POINT- The term ‘door delivery point’ means a delivery point at a door of the structure at a street address.[<-Struck out]
‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(1) curbline delivery points;[<-Struck out]
‘(2) sidewalk delivery points; or[<-Struck out]
‘(3) centralized delivery points.[<-Struck out]‘(c) Exceptions-[<-Struck out]
‘(1) CONTINUED DOOR DELIVERY- The Postal Service may allow for the continuation of door delivery due to--[<-Struck out]
‘(A) a physical hardship of a customer;[<-Struck out]
‘(B) weather, in a geographic area where snow removal efforts could obstruct access to mailboxes near a road;[<-Struck out]
‘(C) circumstances in an urban area that preclude efficient use of curbside delivery points;[<-Struck out]
‘(D) other exceptional circumstances, as determined in accordance with regulations issued by the Postal Service; or[<-Struck out]
‘(E) other circumstances in which the Postal Service determines that alternatives to door delivery would not be practical or cost effective.[<-Struck out]‘(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).[<-Struck out]‘(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.[<-Struck out]
‘(e) Review- Subchapter V of this chapter shall not apply with respect to any action taken by the Postal Service under this section.[<-Struck out]
‘(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--[<-Struck out]
‘(1) includes the number of door delivery points--[<-Struck out]
‘(A) that existed at the end of the fiscal year preceding the preceding fiscal year;[<-Struck out]
‘(B) that existed at the end of the preceding fiscal year;[<-Struck out]
‘(C) that, during the preceding fiscal year, converted to--[<-Struck out]
‘(i) curbline delivery points or sidewalk delivery points;[<-Struck out]
‘(ii) centralized delivery points; and[<-Struck out]
‘(iii) any other type of delivery point; and[<-Struck out]‘(D) for which door delivery was continued under subsection (c)(1);[<-Struck out]‘(2) estimates the cost savings from the conversions from door delivery that occurred during the preceding fiscal year;[<-Struck out]
‘(3) describes the progress of the Postal Service toward achieving the requirements under subsection (b); and[<-Struck out]
‘(4) provides such additional information as the Postal Service considers appropriate.’.[<-Struck out](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:[<-Struck out]‘3692. Conversion of door delivery points.’.[<-Struck out](a) Limitation on Change in Schedule- Notwithstanding any other provision of law--[<-Struck out](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 undersection 3691 of title 39, United States Code [<-Struck out](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 undersection 3691 of title 39, United States Code [<-Struck out](b) Preconditions- If the Postal Service intends to establish a change in delivery schedule under subsection (a)(2), the Postal Service shall--[<-Struck out](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;[<-Struck out](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;[<-Struck out](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;[<-Struck out](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--[<-Struck out](A) become profitable by fiscal year 2015; and[<-Struck out](B) achieve long-term financial solvency; and[<-Struck out](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--[<-Struck out](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;[<-Struck out](B) the Comptroller General of the United States; and[<-Struck out](C) the Commission.[<-Struck out](c) Review-[<-Struck out](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:[<-Struck out](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.[<-Struck out](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).[<-Struck out](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).[<-Struck out](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--[<-Struck out](i) become profitable by fiscal year 2015; and[<-Struck out](ii) achieve long-term financial solvency.[<-Struck out](2) POSTAL REGULATORY COMMISSION-[<-Struck out](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.[<-Struck out](B) ADVISORY OPINION-[<-Struck out](i) IN GENERAL- The Commission shall--[<-Struck out](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 undersection 3661(b)(2) of title 39, United States Code [<-Struck out](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.[<-Struck out](ii) REQUIRED DETERMINATIONS- An advisory opinion under clause (i) shall determine--[<-Struck out](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[<-Struck out](II) based on the report submitted by the Comptroller General under paragraph (1)--[<-Struck out](aa) whether the Postal Service has implemented measures to reduce operating losses as required under subsection (b)(3);[<-Struck out](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[<-Struck out](cc) whether a change in schedule under subsection (a)(2) is necessary to allow the Postal Service to--[<-Struck out](AA) become profitable by fiscal year 2015; and[<-Struck out](BB) achieve long-term financial solvency.[<-Struck out](3) PROHIBITION ON IMPLEMENTATION OF CHANGE IN SCHEDULE- The Postal Service may not implement a change in delivery schedule under subsection (a)(2)--[<-Struck out](A) before the date on which the Comptroller General submits the report required under paragraph (1); and[<-Struck out](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.[<-Struck out](d) Additional Limitations-[<-Struck out](1) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed to--[<-Struck out](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;[<-Struck out](B) authorize any change in--[<-Struck out](i) the days and times that postal retail service or any mail acceptance is available; or[<-Struck out](ii) the locations at which postal retail service or mail acceptance occurs;[<-Struck out](C) authorize any change in the frequency of delivery to a post office box;[<-Struck out](D) prohibit the collection or delivery of a competitive mail product on a weekend or a recognized Federal holiday; or[<-Struck out](E) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks.[<-Struck out](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.[<-Struck out]Section 3661 of title 39, United States Code ‘(b) Proposed Changes for Market-dominant Products-[<-Struck out]
‘(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.[<-Struck out]
‘(2) ADVISORY OPINION- Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall--[<-Struck out]
‘(A) provide an opportunity for public comment on the proposal; and[<-Struck out]
‘(B) issue an advisory opinion not later than--[<-Struck out]
‘(i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; or[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]
‘(4) ACTION ON PROPOSAL- The Postal Service may take action regarding a proposal submitted under paragraph (1)--[<-Struck out]
‘(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);[<-Struck out]
‘(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[<-Struck out]
‘(C) after the date described in paragraph (2)(B), if--[<-Struck out]
‘(i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described in paragraph (2)(B); and[<-Struck out]
‘(ii) the action is not otherwise prohibited under Federal law.[<-Struck out]‘(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).’.[<-Struck out](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--[<-Struck out](1) publish a notice of the proposed change to the specification in the Federal Register;[<-Struck out](2) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days;[<-Struck out](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--[<-Struck out](A) the final change to the specification in the Federal Register;[<-Struck out](B) responses to any comments submitted under paragraph (2); and[<-Struck out](C) an analysis of the financial impact that the proposed change would have on--[<-Struck out](i) the Postal Service; and[<-Struck out](ii) the customers of the Postal Service that would be affected by the proposed change; and[<-Struck out](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).[<-Struck out](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--[<-Struck out](1) change the mailing specifications by--[<-Struck out](A) issuing an interim final rule that--[<-Struck out](i) includes a finding by the Postal Service that there is good cause for the interim final rule;[<-Struck out](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[<-Struck out](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[<-Struck out](B) publishing in the Federal Register a response to any comments submitted under subparagraph (A)(ii); and[<-Struck out](2) waive the requirement under paragraph (1)(A)(iii) or subsection (a)(4).[<-Struck out](c) Rules Relating to Notice and Comment-[<-Struck out](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).[<-Struck out](2) RULES- In issuing the rules required under paragraph (1), the Postal Service shall--[<-Struck out](A) publish a notice of proposed rulemaking in the Federal Register that includes proposed definitions of the terms ‘mailing specifications’ and ‘significant burden’;[<-Struck out](B) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; and[<-Struck out](C) publish--[<-Struck out](i) the rule in final form in the Federal Register; and[<-Struck out](ii) responses to the comments submitted under subparagraph (B).[<-Struck out](a) In General-Section 404 of title 39, United States Code [<-Struck out](1) in subsection (a)--[<-Struck out](A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and[<-Struck out](B) by inserting after paragraph (5) the following:[<-Struck out]‘(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--[<-Struck out]
‘(A) makes a determination that the provision of such services--[<-Struck out]
‘(i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service;[<-Struck out]
‘(ii) is consistent with the public interest and a demonstrated or potential public demand for--[<-Struck out]
‘(I) the Postal Service to provide the services instead of another entity providing the services; or[<-Struck out]
‘(II) the Postal Service to provide the services in addition to another entity providing the services;[<-Struck out]‘(iii) would not create unfair competition with the private sector; and[<-Struck out]
‘(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[<-Struck out]‘(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[<-Struck out](2) in subsection (e)(2), by striking ‘Nothing’ and all that follows through ‘except that the’ and inserting ‘The’.[<-Struck out](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 undersection 404(a)(6)(A)(iv) of title 39, United States Code [<-Struck out][Struck out->]
TITLE III--FEDERAL EMPLOYEES’ COMPENSATION ACT[<-Struck out]
(a) Short Title- This title may be cited as the ‘Workers’ Compensation Reform Act of 2011’.[<-Struck out](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.[<-Struck out](a) Conversion of Entitlement at Retirement Age-[<-Struck out](1) DEFINITIONS- Section 8101 is amended[<-Struck out](A) in paragraph (18), by striking ‘and’ at the end;[<-Struck out](B) in paragraph (19), by striking ‘and’ at the end;[<-Struck out](C) in paragraph (20), by striking the period at the end and inserting a semicolon; and[<-Struck out](D) by adding at the end the following:[<-Struck out]‘(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) [<-Struck out]
‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(24) ‘individual who has an exempt disability condition’ means an individual--[<-Struck out]
‘(A) who--[<-Struck out]
‘(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[<-Struck out]
‘(ii) meets the criteria under 8105(c);[<-Struck out]‘(B) who, on the date of enactment of the Workers’ Compensation Reform Act of 2011--[<-Struck out]
‘(i) is eligible to receive continuous periodic compensation for total disability under section 8105; and[<-Struck out]
‘(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[<-Struck out]‘(C) who is eligible to receive continuous periodic compensation for total disability under section 8105--[<-Struck out]
‘(i) for not less than the 3-year period ending on the date of enactment of the Workers’ Compensation Reform Act of 2011; or[<-Struck out]
‘(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.’.[<-Struck out](2) TOTAL DISABILITY- Section 8105 is amended--[<-Struck out](A) in subsection (a), by striking ‘If’ and inserting ‘In General- Subject to subsection (b), if’;[<-Struck out](B) by redesignating subsection (b) as subsection (c); and[<-Struck out](C) by inserting after subsection (a) the following:[<-Struck out]‘(b) Conversion of Entitlement at Retirement Age-[<-Struck out]
‘(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.[<-Struck out]
‘(2) EXCEPTIONS-[<-Struck out]
‘(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--[<-Struck out]
‘(i) on the date of enactment of the Workers’ Compensation Reform Act of 2011, has attained retirement age; or[<-Struck out]
‘(ii) is an individual who has an exempt disability condition.[<-Struck out]‘(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--[<-Struck out]
‘(i) the date on which the employee attains retirement age; and[<-Struck out]
‘(ii) the date that is 3 years after the date of enactment of the Workers’ Compensation Reform Act of 2011.’.[<-Struck out](3) PARTIAL DISABILITY- Section 8106 is amended--[<-Struck out](A) in subsection (a), by striking ‘If’ and inserting ‘In General- Subject to subsection (b), if’;[<-Struck out](B) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and[<-Struck out](C) by inserting after subsection (a) the following:[<-Struck out]‘(b) Conversion of Entitlement at Retirement Age-[<-Struck out]
‘(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.[<-Struck out]
‘(2) EXCEPTIONS-[<-Struck out]
‘(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 theWorkers’ Compensation Reform Act of 2011, the employee has attained retirement age.[<-Struck out]
‘(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--[<-Struck out]
‘(i) the date on which the employee attains retirement age; and[<-Struck out]
‘(ii) the date that is 3 years after the date of enactment of the Workers’ Compensation Reform Act of 2011.’.[<-Struck out](a) In General- Section 8110 is amended--[<-Struck out](1) by redesignating subsection (b) as subsection (c); and[<-Struck out](2) by inserting after subsection (a) the following:[<-Struck out]‘(b) Termination of Augmented Compensation-[<-Struck out]
‘(1) IN GENERAL- Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided.[<-Struck out]
‘(2) EXCEPTIONS-[<-Struck out]
‘(A) TOTAL DISABILITY- For a covered claim for total disability by an employee--[<-Struck out]
‘(i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and[<-Struck out]
‘(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).[<-Struck out]‘(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.[<-Struck out]
‘(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).’.[<-Struck out](b) Maximum and Minimum Monthly Payments- Section 8112 is amended--[<-Struck out](1) in subsection (a)--[<-Struck out](A) by inserting ‘subsections (b) and (c) and’ before ‘section 8138’;[<-Struck out](B) by striking ‘including augmented compensation under section 8110 of this title but’; and[<-Struck out](C) by striking ‘75 percent’ each place it appears and inserting ‘66 2/3 percent’;[<-Struck out](2) by redesignating subsection (b) as subsection (c);[<-Struck out](3) by inserting after subsection (a) the following:[<-Struck out]‘(b) Exceptions-[<-Struck out]
‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(B) subsection (a) shall be applied by substituting ‘75 percent’ for ‘66 2/3 percent’ each place it appears.[<-Struck out]‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(B) subsection (a) shall be applied by substituting ‘75 percent’ for ‘66 2/3 percent’ each place it appears.’; and[<-Struck out](4) in subsection (c), as redesignated by paragraph (2), by striking ‘subsection (a)’ and inserting ‘subsections (a) and (b)’.[<-Struck out](c) Death Benefits Generally- Section 8133 is amended--[<-Struck out](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[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(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.’.[<-Struck out]
(d) Death Benefits for Civil Air Patrol Volunteers- Section 8141 is amended--[<-Struck out](1) in subsection (b)(2)(B) by striking ‘75 percent’ and inserting ‘66 2/3 percent (except as provided in subsection (c))’;[<-Struck out](2) by redesignating subsection (c) as subsection (d); and[<-Struck out](3) by inserting after subsection (b) the following:[<-Struck out]‘(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’.’.[<-Struck out]Section 8107 is amended--[<-Struck out](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[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(d) Rate for Compensation-[<-Struck out]
‘(1) ANNUAL SALARY-[<-Struck out]
‘(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.[<-Struck out]
‘(B) ESTABLISHMENT-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘(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.[<-Struck out]‘(e) Simultaneous Receipt-[<-Struck out]
‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation.[<-Struck out]‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation.’.[<-Struck out](a) In General- Section 8104 is amended--[<-Struck out](1) in subsection (a)--[<-Struck out](A) by striking ‘(a) The Secretary of Labor may’ and all that follows through ‘undergo vocational rehabilitation.’ and inserting the following:[<-Struck out]‘(a) In General-[<-Struck out]
‘(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.’;[<-Struck out]
(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 [<-Struck out](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 [<-Struck out](D) by adding at the end the following:[<-Struck out]‘(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.’;[<-Struck out]
(2) by redesignating subsection (b) as subsection (c);[<-Struck out](3) by inserting after subsection (a) the following:[<-Struck out]‘(b) Contents of Return to Work Plan- A return to work plan developed under subsection (a)--[<-Struck out]
‘(1) shall--[<-Struck out]
‘(A) set forth specific measures designed to increase the wage-earning capacity of an individual;[<-Struck out]
‘(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[<-Struck out]
‘(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;[<-Struck out]‘(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[<-Struck out]
‘(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.’;[<-Struck out]
(4) in subsection (c), as so redesignated--[<-Struck out](A) by inserting ‘Compensation- ’ before ‘Notwithstanding’; and[<-Struck out](B) by striking ‘, other than employment undertaken pursuant to such rehabilitation’; and[<-Struck out](5) by adding at the end the following:[<-Struck out]‘(d) Assisted Reemployment Agreements-[<-Struck out]
‘(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.[<-Struck out]
‘(2) CONTENTS- An assisted reemployment agreement under paragraph (1)--[<-Struck out]
‘(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[<-Struck out]
‘(B) may not be for a period of more than 3 years.[<-Struck out]‘(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.’.[<-Struck out]
(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.’.[<-Struck out](c) Mandatory Benefit Reduction for Noncompliance- Section 8113(b) is amended by striking ‘may reduce’ and inserting ‘shall reduce’.[<-Struck out](d) Technical and Conforming Amendments-[<-Struck out](1) IN GENERAL- Subchapter III of chapter 15 of title 31, United States Code, is amended by adding at the end the following:[<-Struck out]‘Sec. 1538. Authorization for assisted reemployment[<-Struck out]‘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.’.[<-Struck out]
(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:[<-Struck out]‘1538. Authorization for assisted reemployment.’.[<-Struck out](a) In General- Chapter 81 is amended by inserting after section 8106 the following:[<-Struck out]‘Sec. 8106a. Reporting requirements[<-Struck out]‘(a) Definition- In this section, the term ‘employee receiving compensation’ means an employee who--[<-Struck out]
‘(1) is paid compensation under section 8105 or 8106; and[<-Struck out]
‘(2) has not attained retirement age.[<-Struck out]‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(d) Failure To Report and False Reports-[<-Struck out]
‘(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.[<-Struck out]
‘(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.’.[<-Struck out](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:[<-Struck out]‘8106a. Reporting requirements.’.[<-Struck out]Section 8123 is amended by adding at the end the following:[<-Struck out]‘(e) Disability Management Review-[<-Struck out]
‘(1) DEFINITIONS- In this subsection--[<-Struck out]
‘(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[<-Struck out]
‘(B) the term ‘disability management review process’ means the disability management review process established under paragraph (2)(A).[<-Struck out]‘(2) ESTABLISHMENT- The Secretary of Labor shall--[<-Struck out]
‘(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[<-Struck out]
‘(B) promulgate regulations for the administration of the disability management review process.[<-Struck out]‘(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.[<-Struck out]
‘(4) FREQUENCY-[<-Struck out]
‘(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.[<-Struck out]
‘(B) MINIMUM FREQUENCY-[<-Struck out]
‘(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.[<-Struck out]
‘(ii) SUBSEQUENT EXAMINATIONS- After the initial physical examination, physical examinations of a covered employee shall be conducted not less than once every 3 years.[<-Struck out]‘(5) EMPLOYING AGENCY OR INSTRUMENTALITY REQUESTS-[<-Struck out]
‘(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.[<-Struck out]
‘(B) REQUESTING OFFICER- A request under subparagraph (A) shall be made on behalf of an agency or instrumentality by--[<-Struck out]
‘(i) the head of the agency or instrumentality;[<-Struck out]
‘(ii) the Chief Human Capital Officer of the agency or instrumentality; or[<-Struck out]
‘(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.[<-Struck out]‘(C) INFORMATION- A request under subparagraph (A) shall be in writing and accompanied by--[<-Struck out]
‘(i) a certification by the officer making the request that the officer has reviewed the relevant material in the employee’s file;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]
‘(E) AFTER INITIAL EXAMINATION-[<-Struck out]
‘(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--[<-Struck out]
‘(I) review the request and the information, explanation, and other materials submitted with the request; and[<-Struck out]
‘(II) determine whether to require the physical examination of the employee who is the subject of the request.[<-Struck out]‘(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.’.[<-Struck out](a) In General- Section 8117 is amended--[<-Struck out](1) in the section heading, by striking ‘Time of accrual of right’ and inserting ‘Waiting period’;[<-Struck out](2) in subsection (a)--[<-Struck out](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’;[<-Struck out](B) in paragraph (1), by adding ‘or’ at the end;[<-Struck out](C) by striking paragraph (2); and[<-Struck out](D) by redesignating paragraph (3) as paragraph (2); and[<-Struck out](3) in subsection (b)--[<-Struck out](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’;[<-Struck out](B) by striking ‘that 3-day period’ and inserting ‘the first 3 days of temporary disability’; and[<-Struck out](C) by striking ‘or is followed by permanent disability’.[<-Struck out](b) Continuation of Pay- Section 8118 is amended--[<-Struck out](1) in the section heading, by striking ‘; election to use annual or sick leave’;[<-Struck out](2) in subsection (b)(1), by striking ‘section 8117(b)’ and inserting ‘section 8117’;[<-Struck out](3) by striking subsection (c); and[<-Struck out](4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.[<-Struck out](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:[<-Struck out]‘8117. Waiting period.[<-Struck out]
‘8118. Continuation of pay.’.[<-Struck out](a) In General- Section 8116 is amended by adding at the end the following:[<-Struck out]‘(e) Retirement Benefits-[<-Struck out]
‘(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.[<-Struck out]
‘(2) ELECTION-[<-Struck out]
‘(A) DEADLINE- An individual shall make an election under paragraph (1) in accordance with such deadlines as the Secretary of Labor shall establish.[<-Struck out]
‘(B) REVOCABILITY- An election under paragraph (1) shall be revocable, notwithstanding any other provision of law, except for any period during which an individual--[<-Struck out]
‘(i) was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph (1); and[<-Struck out]
‘(ii) was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter.[<-Struck out]‘(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.’.[<-Struck out](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’.[<-Struck out]Section 8123, as amended by section 307, is amended by adding at the end the following:[<-Struck out]‘(f) Field Nurses-[<-Struck out]
‘(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.[<-Struck out]
‘(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.’.[<-Struck out](a) In General- Section 8131 is amended--[<-Struck out](1) in subsection (a), in the matter preceding paragraph (1), by inserting ‘continuation of pay or’ before ‘compensation’; and[<-Struck out](2) in subsection (b), by inserting ‘continuation of pay’ before compensation; and[<-Struck out](3) in subsection (c)--[<-Struck out](A) by inserting ‘continuation of pay or’ before ‘compensation already paid’; and[<-Struck out](B) by inserting ‘continuation of pay or’ before ‘compensation payable’.[<-Struck out](b) Adjustment After Recovery From a Third Person- Section 8132 is amended--[<-Struck out](1) in the first sentence--[<-Struck out](A) by inserting ‘continuation of pay or’ before ‘compensation is payable’;[<-Struck out](B) by inserting ‘continuation of pay or’ before ‘compensation from the United States’;[<-Struck out](C) by striking ‘by him or in his behalf’ and inserting ‘by the beneficiary or on behalf of the beneficiary’;[<-Struck out](D) by inserting ‘continuation of pay and’ before ‘compensation paid by the United States’; and[<-Struck out](E) by striking ‘compensation payable to him’ and inserting ‘continuation of pay or compensation payable to the beneficiary’;[<-Struck out](2) in the second sentence, by striking ‘his designee’ and inserting ‘the designee of the beneficiary’; and[<-Struck out](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’.[<-Struck out]Section 8116, as amended by section 308, is amended by adding at the end the following:[<-Struck out]‘(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.’.[<-Struck out](a) Injuries to Face, Head, and Neck- Section 8107(c)(21) is amended--[<-Struck out](1) by striking ‘not to exceed $3,500’ and inserting ‘in proportion to the severity of the disfigurement, not to exceed $50,000,’; and[<-Struck out](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.’.[<-Struck out](b) Funeral Expenses- Section 8134(a) is amended--[<-Struck out](1) by striking ‘$800’ and inserting ‘$6,000’; and[<-Struck out](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.’.[<-Struck out](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.[<-Struck out]Chapter 81 is amended--[<-Struck out](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 5 U.S.C. 8101 [<-Struck out](2) in section 8139, by inserting ‘under this subchapter’ after ‘Compensation awarded’;[<-Struck out](3) in section 8148(a), by striking ‘section 8106’ and inserting ‘section 8106a’;[<-Struck out](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.[<-Struck out](b) Contents- The regulations promulgated under subsection (a) shall include, for purposes of the amendments made by sections 302 and 303, clarification of--[<-Struck out](1) what is a claim; and[<-Struck out](2) what is the date on which a period of disability, for which a claim is made, commences.[<-Struck out][Struck out->]
TITLE IV--OTHER MATTERS[<-Struck out]
(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--[<-Struck out](1) become profitable by fiscal year 2015; and[<-Struck out](2) achieve long-term financial solvency.[<-Struck out](b) Considerations- The plan required under subsection (a) shall take into consideration--[<-Struck out](1) the legal authority of the Postal Service;[<-Struck out](2) the changes in the legal authority and responsibilities of the Postal Service under this Act;[<-Struck out](3) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; and[<-Struck out](4) projected changes in mail volume.[<-Struck out](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.[<-Struck out](a) Commission Study-[<-Struck out](1) IN GENERAL- Not earlier than 2 years after the date of enactment of this Act, the Commission shall commence a study to determine--[<-Struck out](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[<-Struck out](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).[<-Struck out](2) REQUIREMENTS- The Commission shall conduct the study under paragraph (1) in a manner that protects confidential and proprietary business information.[<-Struck out](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.[<-Struck out](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.[<-Struck out](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--[<-Struck out](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);[<-Struck out](2) for any class of mail for which the Commission makes a determination under paragraph (1), update the study under subsection (a); and[<-Struck out](3) include the study updated under paragraph (2) in the annual written determination of the Commission undersection 3653 of title 39, United States Code [<-Struck out](c) Postal Rates-[<-Struck out](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.[<-Struck out](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.[<-Struck out](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--[<-Struck out](A) using the authority to increase rates undersection 3622(d)(1)(A) of title 39, United States Code [<-Struck out](B) exhausting any unused rate adjustment authority, as defined insection 3622(d)(2)(C) of title 39, United States Code [<-Struck out](C) maximizing incentives to reduce costs and increase efficiency with regard to the processing, transportation, and delivery of such mail by the Postal Service.[<-Struck out](4) UNUSED RATE ADJUSTMENT AUTHORITY-Section 3622(d)(2)(C) of title 39, United States Code [<-Struck out](a) Cooperation With State and Local Governments-Section 411 of title 39, United States Code [<-Struck out](b) Intra-Service Agreements-Section 411 of title 39, United States Code [<-Struck out](1) in the section heading, by adding at the end the following: ‘and within the Postal Service’;[<-Struck out](2) in the second sentence, by striking ‘section’ and inserting ‘subsection’;[<-Struck out](3) by striking ‘Executive agencies’ and inserting the following:[<-Struck out]‘(a) Cooperation With State and Local Governments- Executive agencies’; and[<-Struck out]
(4) by adding at the end the following:[<-Struck out]‘(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.’.[<-Struck out]
(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:[<-Struck out]‘411. Cooperation with other Government agencies and within the Postal Service.’.[<-Struck out](a) Mailability-[<-Struck out](1) NONMAILABLE ARTICLES-Section 1716(f) of title 18, United States Code [<-Struck out](2) APPLICATION OF LAWS-Section 1161 of title 18, United States Code 27 U.S.C. 211 [<-Struck out](b) Regulations-Section 3001 of title 39, United States Code [<-Struck out]‘(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 [<-Struck out]
‘(2) Wine or malt beverages shall be considered mailable if mailed--[<-Struck out]
‘(A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (3); and[<-Struck out]
‘(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.[<-Struck out]‘(3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that--[<-Struck out]
‘(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;[<-Struck out]
‘(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age;[<-Struck out]
‘(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;[<-Struck out]
‘(D) the wine or malt beverages may not be for resale or other commercial purpose; and[<-Struck out]
‘(E) the winery or brewery involved shall--[<-Struck out]
‘(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[<-Struck out]
‘(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes.[<-Struck out]‘(4) For purposes of this subsection--[<-Struck out]
‘(A) a winery shall be considered to be licensed if it holds an appropriate basic permit issued--[<-Struck out]
‘(i) under the Federal Alcohol Administration Act; and[<-Struck out]
‘(ii) under the law of the State in which the winery is located; and[<-Struck out]‘(B) a brewery shall be considered to be licensed if--[<-Struck out]
‘(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[<-Struck out]
‘(ii) it is licensed to manufacture and sell malt beverages in the State in which the brewery is located.’.[<-Struck out](c) Effective Date- The amendments made by this section shall take effect on the earlier of--[<-Struck out](1) the date on which the Postal Service issues regulations undersection 3001(p) of title 39, United States Code [<-Struck out](2) 120 days after the date of enactment of this Act.[<-Struck out](a) In General- Chapter 24 of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]‘Sec. 2403. Annual report on the fiscal stability of the United States mailing industry[<-Struck out]‘(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--[<-Struck out]
‘(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and[<-Struck out]
‘(2) the Committee on Oversight and Government Reform of the House of Representatives.[<-Struck out]‘(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).’.[<-Struck out]
(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:[<-Struck out]‘2403. Annual report on the fiscal stability of the United States mailing industry.’.[<-Struck out]Section 3622 of title 39, United States Code (1) in subsection (c)(10)(A)--[<-Struck out](A) in the matter preceding clause (i), by striking ‘either’ and inserting ‘will’;[<-Struck out](B) in clause (i), by striking ‘or’ at the end;[<-Struck out](C) in clause (ii), by striking ‘and’ at the end and inserting ‘or’; and[<-Struck out](D) by adding at the end the following:[<-Struck out]‘(iii) preserve mail volume and revenue; and’; and[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(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).’.[<-Struck out]Section 7101(8) of title 41, United States Code (1) in subparagraph (C), by striking ‘and’ at the end;[<-Struck out](2) in subparagraph (D), by striking the period at the end and inserting ‘; and’; and[<-Struck out](3) by adding at the end the following:[<-Struck out]‘(E) the United States Postal Service and the Postal Regulatory Commission.’.[<-Struck out](a) In General- Part I of title 39, United States Code, is amended by adding at the end the following:[<-Struck out]‘CHAPTER 7--CONTRACTING PROVISIONS[<-Struck out] ‘Sec.[<-Struck out]
‘701. Definitions.[<-Struck out]
‘702. Advocate for competition.[<-Struck out]
‘703. Delegation of contracting authority.[<-Struck out]
‘704. Posting of noncompetitive purchase requests for noncompetitive contracts.[<-Struck out]
‘705. Review of ethical issues.[<-Struck out]
‘706. Ethical restrictions on participation in certain contracting activity.[<-Struck out]‘Sec. 701. Definitions[<-Struck out]‘In this chapter--[<-Struck out]
‘(1) the term ‘contracting officer’ means an employee of a covered postal entity who has authority to enter into a postal contract;[<-Struck out]
‘(2) the term ‘covered postal entity’ means--[<-Struck out]
‘(A) the United States Postal Service; or[<-Struck out]
‘(B) the Postal Regulatory Commission;[<-Struck out]‘(3) the term ‘head of a covered postal entity’ means--[<-Struck out]
‘(A) in the case of the United States Postal Service, the Postmaster General; or[<-Struck out]
‘(B) in the case of the Postal Regulatory Commission, the Chairman of the Postal Regulatory Commission;[<-Struck out]‘(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[<-Struck out]
‘(5) the term ‘senior procurement executive’ means the senior procurement executive of a covered postal entity.[<-Struck out]‘Sec. 702. Advocate for competition[<-Struck out]‘(a) Establishment and Designation-[<-Struck out]
‘(1) There is established in each covered postal entity an advocate for competition.[<-Struck out]
‘(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.[<-Struck out]‘(b) Responsibilities- The advocate for competition of each covered postal entity shall--[<-Struck out]
‘(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;[<-Struck out]
‘(2) review the procurement activities of the covered postal entity; and[<-Struck out]
‘(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--[<-Struck out]
‘(A) the activities of the advocate under this section;[<-Struck out]
‘(B) initiatives required to promote competition;[<-Struck out]
‘(C) barriers to competition that remain; and[<-Struck out]
‘(D) the number of waivers made by each covered postal entity under section 704(c).[<-Struck out]‘Sec. 703. Delegation of contracting authority[<-Struck out]‘(a) In General-[<-Struck out]
‘(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.[<-Struck out]
‘(2) CONTENTS- The policy issued under paragraph (1) shall require that--[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(b) Posting of Delegations-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘Sec. 704. Posting of noncompetitive purchase requests for noncompetitive contracts[<-Struck out]‘(a) Posting Required-[<-Struck out]
‘(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--[<-Struck out]
‘(A) not later than 14 days after the date of the award of the noncompetitive contract; or[<-Struck out]
‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(A) not later than 14 days after the date of the award; or[<-Struck out]
‘(B) not later than 30 days after the date of the award, if the basis for the award was a compelling business interest.[<-Struck out]‘(3) ADJUSTMENTS TO THE POSTING THRESHOLD FOR THE UNITED STATES POSTAL SERVICE-[<-Struck out]
‘(A) REVIEW AND DETERMINATION- Not later than January 31 of each year, the United States Postal Service shall--[<-Struck out]
‘(i) review the $250,000 threshold established under paragraph (2); and[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘(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.[<-Struck out]‘(b) Public Availability-[<-Struck out]
‘(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.[<-Struck out]
‘(2) PROTECTION OF PROPRIETARY INFORMATION- A covered postal entity shall--[<-Struck out]
‘(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[<-Struck out]
‘(B) remove any proprietary data or security-related information before making publicly available a description of the rational supporting a noncompetitive award.[<-Struck out]‘(c) Waivers-[<-Struck out]
‘(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).[<-Struck out]
‘(2) FORM AND CONTENT OF WAIVER-[<-Struck out]
‘(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.[<-Struck out]
‘(B) CONTENT- A waiver under paragraph (1) shall include--[<-Struck out]
‘(i) a description of the risk associated with making the noncompetitive purchase request publicly available; and[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘Sec. 705. Review of ethical issues[<-Struck out]‘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--[<-Struck out]
‘(1) review the proposed contract; and[<-Struck out]
‘(2) advise the contracting officer on the appropriate resolution of ethical issues.[<-Struck out]‘Sec. 706. Ethical restrictions on participation in certain contracting activity[<-Struck out]‘(a) Definitions- In this section--[<-Struck out]
‘(1) the term ‘covered employee’ means--[<-Struck out]
‘(A) a contracting officer; or[<-Struck out]
‘(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;[<-Struck out]‘(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[<-Struck out]
‘(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.[<-Struck out]‘(b) In General-[<-Struck out]
‘(1) REGULATIONS- The head of each covered postal entity shall prescribe regulations that--[<-Struck out]
‘(A) require a covered employee to include in the file of any noncompetitive purchase request for a noncompetitive postal contract a written certification that--[<-Struck out]
‘(i) discloses any covered relationship of the covered employee; and[<-Struck out]
‘(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;[<-Struck out]‘(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’);[<-Struck out]
‘(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;[<-Struck out]
‘(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--[<-Struck out]
‘(i) authorize a covered employee that makes a disclosure under subparagraph (A)(i) to participate in the noncompetitive postal contract; or[<-Struck out]
‘(ii) disqualify a covered employee that makes a disclosure under subparagraph (A)(i) from participating in the noncompetitive postal contract;[<-Struck out]‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘(c) Contract Voidance and Recovery-[<-Struck out]
‘(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--[<-Struck out]
‘(A) void that contract; and[<-Struck out]
‘(B) recover the amounts expended and property transferred by the covered postal entity under that contract.[<-Struck out]‘(2) OBTAINING OR DISCLOSING PROCUREMENT INFORMATION-[<-Struck out]
‘(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--[<-Struck out]
‘(i) void that contract; and[<-Struck out]
‘(ii) recover the amounts expended and property transferred by the covered postal entity under that contract.[<-Struck out]‘(B) CONVICTION OR ADMINISTRATIVE DETERMINATION- A case described under subparagraph (A) is any case in which--[<-Struck out]
‘(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) [<-Struck out]
‘(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.’.[<-Struck out](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:[<-Struck out]701’.[<-Struck out]This Act may be cited as the ‘21st Century Postal Service Act of 2012’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
TITLE I--POSTAL WORKFORCE MATTERS
Sec. 101. Treatment of postal funding surplus for Federal Employees Retirement System.CommentsClose CommentsPermalink
Sec. 102. Additional service creditIncentives for voluntary separation.CommentsClose CommentsPermalink
Sec. 103. Restructuring of payments for retiree health benefits.CommentsClose CommentsPermalink
Sec. 104. Postal Service Health Benefits Program.CommentsClose CommentsPermalink
Sec. 105. Medicare Educational Program for Postal Service Employees and Retirees.CommentsClose CommentsPermalink
Sec. 106. Arbitration; labor disputes.CommentsClose CommentsPermalink
Sec. 107. Retirement reporting.CommentsClose CommentsPermalink
Sec. 108. Executive compensation.CommentsClose CommentsPermalink
TITLE II--POSTAL SERVICES AND OPERATIONS
Sec. 201. Postal facilitieMaintenance of delivery service standards.CommentsClose CommentsPermalink
Sec. 202. Additional Postal Service planningPreserving mail processing capacity.CommentsClose CommentsPermalink
Sec. 203. Area and district office structureEstablishment of retail service standards.CommentsClose CommentsPermalink
Sec. 204. Post offices; retail service standardExpanded retail access.CommentsClose CommentsPermalink
Sec. 205. Conversion of door delivery pointPreserving community post offices.CommentsClose CommentsPermalink
Sec. 206. Area and district office structure.CommentsClose CommentsPermalink
Sec. 207. Limitations on changes to mail delivery schedule.CommentsClose CommentsPermalink
Sec. 2078. Time limits for consideration of service changes.CommentsClose CommentsPermalink
Sec. 2089. Public procedures for significant changes to mailing specifications.CommentsClose CommentsPermalink
Sec. 20910. Nonpostal products and services.CommentsClose CommentsPermalink
Sec. 211. Chief Innovation Officer; innovation strategy.CommentsClose CommentsPermalink
Sec. 212. Strategic Advisory Commission on Postal Service Solvency and Innovation.CommentsClose CommentsPermalink
Sec. 213. Citizen’s service protection advocates.CommentsClose CommentsPermalink
Sec. 214. Capitol Complex post offices.CommentsClose CommentsPermalink
TITLE III--FEDERAL EMPLOYEES’ COMPENSATION ACT
Sec. 301. Short title; references.CommentsClose CommentsPermalink
Sec. 302. Federal workers compensation reforms for retirement-age employees.CommentsClose CommentsPermalink
Sec. 303. Augmented compensation for dependents.CommentsClose CommentsPermalink
Sec. 304. Schedule compensation payments.CommentsClose CommentsPermalink
Sec. 305. Vocational rehabilitation.CommentsClose CommentsPermalink
Sec. 306. Reporting requirements.CommentsClose CommentsPermalink
Sec. 307. Disability management review; independent medical examinations.CommentsClose CommentsPermalink
Sec. 308. Waiting period.CommentsClose CommentsPermalink
Sec. 309. Election of benefits.CommentsClose CommentsPermalink
Sec. 310. Sanction for noncooperation with field nurses.CommentsClose CommentsPermalink
Sec. 311. Subrogation of continuation of pay.CommentsClose CommentsPermalink
Sec. 312. Integrity and compliance.CommentsClose CommentsPermalink
Sec. 313. Amount of compensation.CommentsClose CommentsPermalink
Sec. 314. Terrorism injuries; zones of armed conflict.CommentsClose CommentsPermalink
Sec. 315. Technical and conforming amendments.CommentsClose CommentsPermalink
Sec. 3156. Regulations.CommentsClose CommentsPermalink
Sec. 317. Effective date.CommentsClose CommentsPermalink
TITLE IV--OTHER MATTERS
Sec. 401. ProfitabilitSolvency plan.CommentsClose CommentsPermalink
Sec. 402. Postal rates.CommentsClose CommentsPermalink
Sec. 403. Cooperation with State and -location with Federal agencies.CommentsClose CommentsPermalink
Sec. 404. Cooperation with State and local governments; intra-Service agreements.CommentsClose CommentsPermalink
Sec. 4045. Shipping of wine and beer, beer, and distilled spirits.CommentsClose CommentsPermalink
Sec. 4056. Annual report on United States mailing industry.CommentsClose CommentsPermalink
Sec. 4067. Use of negotiated service agreements.CommentsClose CommentsPermalink
Sec. 4078. Contract disputes.CommentsClose CommentsPermalink
Sec. 4089. Contracting provisions.CommentsClose CommentsPermalink
Sec. 410. Executive compensation.CommentsClose CommentsPermalink
Sec. 411. Sense of the Senate.CommentsClose CommentsPermalink
TITLE V--MISCELLANEOUS
Sec. 501. Government sponsored conferences.CommentsClose CommentsPermalink
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:CommentsClose CommentsPermalink
(1) COMMISSION- The term ‘Commission’ means the Postal Regulatory Commission.CommentsClose CommentsPermalink
(2) POSTAL SERVICE- The term ‘Postal Service’ means the United States Postal Service.CommentsClose CommentsPermalink
TITLE I--POSTAL WORKFORCE MATTERSCommentsClose CommentsPermalink
TITLE I--POSTAL WORKFORCE MATTERSCommentsClose CommentsPermalink
SEC. 101. TREATMENT OF POSTAL FUNDING SURPLUS FOR FEDERAL EMPLOYEES RETIREMENT SYSTEM.
(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
‘(5)(A) In this paragraph, the term ‘postal funding surplus’ means the amount by which the amount computed under paragraph (1)(B) is less than zero.CommentsClose CommentsPermalink
‘(B)(i) Beginning with fiscal year 2011, 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 postal funding surplus for that fiscal year for use in accordance with this paragraph.CommentsClose CommentsPermalink
‘(ii) The Office shall calculate the amount under paragraph (1)(B) for a fiscal year by not later than June 15 after the close of the fiscal year, and shall transfer any postal funding surplus to the United States Postal Service within 10 days after a request by the Postmaster General.CommentsClose CommentsPermalink
‘(C) For each of fiscal years 2011, 2012, and 2013,2013, and 2014 if the amount computed under paragraph (1)(B) is less than zero, a portion of the postal funding surplus for the fiscal year shall be used by the United States Postal Service for the cost of providing incentives for voluntary separation, in accordance with section 102 of the 21st Century Postal Service Act of 2012 and sections 8332(p) and 8411(m) of this title, 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)5.CommentsClose CommentsPermalink‘(D) Any postal funding surplus for a fiscal year not expended under subparagraph (C) may be used by the United States Postal Service for the purposes of--CommentsClose CommentsPermalink
‘(i) repaying any obligation issued under section 2005 of title 39; orCommentsClose CommentsPermalink
‘(ii) making required payments to--CommentsClose CommentsPermalink
‘(I) the Employees’ Compensation Fund established under section 8147;CommentsClose CommentsPermalink
‘(II) the Postal Service Retiree Health Benefits Fund established under section 8909a;CommentsClose CommentsPermalink
‘(III) the Employees Health Benefits Fund established under section 8909; orCommentsClose CommentsPermalink
‘(IV) the Civil Service Retirement and Disability Fund.’.CommentsClose CommentsPermalink
SEC. 102. ADDITIONAL SERVICE CREDITINCENTIVES FOR VOLUNTARY SEPARATION.
(a) Civil Service Retirement System-Voluntary Separation Incentive Payments- The Postal Service may provide voluntary separation incentive payments to employees of the Postal Service who voluntarily separate from service before October 1, 2015 (including payments to employees who retire under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, before October 1, 2015), which may not exceed the maximum amount provided under
(b) Additional Service Credit-CommentsClose CommentsPermalink
(1) CIVIL SERVICE RETIREMENT SYSTEM-
‘(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)5, the Office, if so directed by the United States Postal Service, shall add not more than 1 year 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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The United States Postal Service shall ensure that the average actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from additional creditable service provided under paragraph (1) or section 8411(m)(1) is not more than $25,000 per employee provided additional creditable service under paragraph (1) or section 8411(m)(1).CommentsClose CommentsPermalink
‘(3)(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
(b) Federal Employees Retirement System-2) FEDERAL EMPLOYEES RETIREMENT SYSTEM-
‘(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)5, the Office, if so directed by the United States Postal Service, shall add not more than 2 years 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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) The United States Postal Service shall ensure that the average actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from additional creditable service provided under paragraph (1) or section 8332(p)(1) is not more than $25,000 per employee provided additional creditable service under paragraph (1) or section 8332(p)(1).CommentsClose CommentsPermalink
‘(3)(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
(c) Goals-CommentsClose CommentsPermalink
(1) IN GENERAL- The Postal Service shall offer incentives for voluntary separation under this section and the amendments made by this section as a means of ensuring that the size and cost of the workforce of the Postal Service is appropriate to the work required of the Postal Service, including consideration of--CommentsClose CommentsPermalink
(A) the closure and consolidation of postal facilities;CommentsClose CommentsPermalink
(B) the ability to operate existing postal facilities more efficiently, including by reducing the size or scope of operations of postal facilities in lieu of closing postal facilities; andCommentsClose CommentsPermalink
(C) the number of employees eligible, or projected in the near-term to be eligible, for retirement, including early retirement.CommentsClose CommentsPermalink
(2) PERCENTAGE GOAL- The Postal Service shall offer incentives for voluntary separation under this section to a sufficient number of employees as would reasonably be expected to lead to an 18 percent reduction in the total number of career employees of the Postal Service by the end of fiscal year 2015.CommentsClose CommentsPermalink
(3) DEFINITION- In this subsection, the term ‘career employee of the Postal Service’ means an employee of the Postal Service--CommentsClose CommentsPermalink
(A) whose appointment is not for a limited period; andCommentsClose CommentsPermalink
(B) who is eligible for benefits, including retirement coverage under chapter 83 or 84 of title 5, United States Code.CommentsClose CommentsPermalink
(d) Funding- The Postal Service shall carry out subsection (a) and sections 8332(p) and 8411(m) of title 5, United States Code, as added by subsection (b) of this section, using funds made available under
SEC. 103. RESTRUCTURING OF PAYMENTS FOR RETIREE HEALTH BENEFITS.
(a) Contributions-
(b) Postal Service Retiree Health Benefits Fund-
(1) in subsection (d)--CommentsClose CommentsPermalink
(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
‘(2)(A) Not later than 180 days after the date of enactment of the 21st Century Postal Service Act of 2012, or March 31, 2013, whichever is later, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute, a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph (B) (regardless of whether the amount is a liability or surplus) by September 30, 2052, or within 15 years, whichever is later, including interest at the rate used in the computations under this subsection.CommentsClose CommentsPermalink
‘(B) The amount described in this subparagraph is the amount, as of the date on which the applicable computation or recomputation under subparagraph (A) is made, that is equal to the difference between--CommentsClose CommentsPermalink
‘(i) 80 percent of the Postal Service actuarial liability as of September 30 of the most recently ended fiscal year; andCommentsClose CommentsPermalink
‘(ii) the value of the assets of the Postal Retiree Health Benefits Fund as of September 30 of the most recently ended fiscal year.’.CommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) in subparagraph (A)--CommentsClose CommentsPermalink
(I) in clause (iii), by adding ‘and’ at the end;CommentsClose CommentsPermalink
(II) in clause (iv), by striking the semicolon at the end and inserting a period; andCommentsClose CommentsPermalink
(III) by striking clauses (v) through (x); andCommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking ‘2017’ and inserting ‘2012’; and(23’;CommentsClose CommentsPermalink
(C) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink
‘(4) Computations under this subsection shall be based on--CommentsClose CommentsPermalink
‘(A) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); andCommentsClose CommentsPermalink
‘(B) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(7) In this subsection, the term ‘Postal Service actuarial liability’ means the difference between--CommentsClose CommentsPermalink
‘(A) the net present value of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants; andCommentsClose CommentsPermalink
‘(B) the net present value as computed under paragraph (1) attributable to the future service of United States Postal Service employees.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Subsections (a) through (d) of this section shall be subject to section 104 of the 21st Century Postal Service Act of 2012.’.CommentsClose CommentsPermalink
SEC. 104. POSTAL SERVICE HEALTH BENEFITS PROGRAM.
(a) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘covered employee’ means an employee of the Postal Service who isofficer or employee of the Postal Service who is--CommentsClose CommentsPermalink
(A) represented by a bargaining representative recognized under
(B) a member of the Postal Career Executive Service;CommentsClose CommentsPermalink
(2) the term ‘Federal Employee Health Benefits Program’ means the health benefits program under chapter 89 of title 5, United States Code;CommentsClose CommentsPermalink
and(3 (3) the term ‘participants’ means-- CommentsClose CommentsPermalink
(A) covered employees; andCommentsClose CommentsPermalink
(B) officers and employees of the Postal Service who are not covered employees and who elect to participate in the Postal Service Health Benefits Program; andCommentsClose CommentsPermalink
(4) the term ‘Postal Service Health Benefits Program’ means the health benefits program that may be agreed to under subsection (b)(1).CommentsClose CommentsPermalink
(b) Collective Bargaining-CommentsClose CommentsPermalink
(1) IN GENERAL- Consistent with
(2) CONSULTATION WITH SUPERVISORY AND MANAGERIAL PERSONNEL- In the course of negotiations under paragraph (1), the Postal Service shall consult with each of the organizations of supervisory and other managerial personnel that are recognized under
(3) 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.CommentsClose CommentsPermalink
(4) TIME LIMITATION- The authority under this subsection shall extend until September 30, 2012.CommentsClose CommentsPermalink
(c) Postal Service Health Benefits Program- The Postal Service Health Benefits Program--CommentsClose CommentsPermalink
(1) shall--CommentsClose CommentsPermalink
(A) be available for participation by all covered employees;CommentsClose CommentsPermalink
(B) be available for participation by any officer or employee of the Postal Service who is not a covered employee, at the option solely of that officer or employee;CommentsClose CommentsPermalink
(C) provide adequate and appropriate health benefitscoverage that is actuarially equivalent to the types of plans available under the Federal Employee Health Benefits Program, as determined by the Director of the Office of Personnel Management;CommentsClose CommentsPermalink
(D) be administered in a manner determined in a joint agreement reached under subsection (b); andCommentsClose CommentsPermalink
(E) provide for transition of coverage under the Federal Employee Health Benefits Program of covered employeeall participants to coverage under the Postal Service Health Benefits Program on January 1, 2013;CommentsClose CommentsPermalink
(2) may provide dental benefits; andCommentsClose CommentsPermalink
(3) may provide vision benefits.CommentsClose CommentsPermalink
(d) Agreement and Implementation- If a joint agreement is reached under subsection (b)--CommentsClose CommentsPermalink
(1) the Postal Service shall implement the Postal Service Health Benefits Program;CommentsClose CommentsPermalink
(2) the Postal Service Health Benefits Program shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes of
(3) covered employeeparticipants may not participate as employees in the Federal Employees Health Benefits Program.CommentsClose CommentsPermalink
(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 (
(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--CommentsClose CommentsPermalink
(1) reports on the implementation of this section; andCommentsClose CommentsPermalink
(2) requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section.CommentsClose CommentsPermalink
(g) Rule of Construction- Nothing in this section shall be construed as an endorsement by Congress for withdrawing officers and employees of the Postal Service from the Federal Employee Health Benefits Program.CommentsClose CommentsPermalink
SEC. 105. MEDICARE EDUCATIONAL PROGRAM FOR POSTAL SERVICE EMPLOYEES AND RETIREES.
(a) Educational Program- The Postmaster General, in consultation with the Director of the Office of Personnel Management and the Administrator of the Centers for Medicare & Medicaid Services, shall develop an educational program for Postal Service employees and annuitants who may be eligible to enroll in the Medicare program for hospital insurance benefits under part A of title XVIII of the Social Security Act (
(b) Rule of Construction- Nothing in this section may be construed to authorize the Postal Service to require a Postal Service employee or annuitant (as defined in subsection (c)) to enroll in Medicare.CommentsClose CommentsPermalink
(c) Definition of Postal Service Employee or Annuitant- In this section, the term ‘Postal Service employee or annuitant’ means an individual who is--CommentsClose CommentsPermalink
(1) an employee of the Postal Service; orCommentsClose CommentsPermalink
(2) an annuitant covered under chapter 89 of title 5, United States Code, whose Government contribution is paid by the Postal Service under section 8906(g)(2) of such title.CommentsClose CommentsPermalink
SEC. 106. ARBITRATION; LABOR DISPUTES.
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by inserting ‘(A)’ after ‘(2)’;CommentsClose CommentsPermalink
(2B) 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.’; andCommentsClose CommentsPermalink
(3C) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) Nothing in this section may be construed to limit the relevant factors that the arbitration board may take into consideration in rendering a decision under paragraph (2).’.CommentsClose CommentsPermalink
SEC. 107. RETIREMENT REPORTING.
(a) Timeliness and Pending Applications- Not later than 60 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress, the Comptroller General of the United States, and issue publicly (including on the website of the Office of Personnel Management) a report that--CommentsClose CommentsPermalink
(1) evaluates the timeliness, completeness, and accuracy of information submitted by the Postal Service relating to employees of the Postal Service who are retiring, as compared with such information submitted by agencies (as defined under
(2) includes--CommentsClose CommentsPermalink
(A) the total number of applications for retirement benefits for employees of the Postal Service that are pending action by the Office of Personnel Management; andCommentsClose CommentsPermalink
(B) the number of months each such application has been pending.CommentsClose CommentsPermalink
(b) Electronic Data Timetable-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Office of Personnel Management shall submit to Congress and the Comptroller General of the United States a timetable for completion of each component of a retirement systems modernization project of the Office of Personnel Management, including all data elements required for accurate completion of adjudication and the date by which electronic transmission of all personnel data to the Office of Personnel Management by the Postal Service shall commence.CommentsClose CommentsPermalink
(2) TIMETABLE CONSIDERATIONS- In providing a timetable for the commencing of the electronic transmission of all personnel data by the Postal Service under paragraph (1), the Office of Personnel Management shall consider the milestones established by other payroll processors participating in the retirement systems modernization project of the Office of Personnel Management.CommentsClose CommentsPermalink
SEC. 108. EXECUTIVE COMPENSATION.
(a) Limitations on Compensation-
(1) in subsection (a), by striking the last sentence; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Limitations on Compensation-CommentsClose CommentsPermalink
‘(1) RATES OF BASIC PAY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), an officer or employee of the Postal Service may not be paid at a rate of basic pay that exceeds the rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.CommentsClose CommentsPermalink
‘(B) VERY SENIOR EXECUTIVES- Not more than 6 officers or employees of the Postal Service that are in very senior executive positions, as determined by the Board of Governors, may be paid at a rate of basic pay that does not exceed the rate of basic pay for level I of the Executive Schedule under section 5312 of title 5.CommentsClose CommentsPermalink
‘(2) BENEFITS- For any fiscal year, an officer or employee of the Postal Service who is in a critical senior executive or equivalent position, as designated under section 3686(c), may not receive fringe benefits (within the meaning given that term under section 1005(f)) that are greater than the fringe benefits received by supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter 12.’.CommentsClose CommentsPermalink
(b) Limitation on Bonus Authority-
(1) in subsection (a), by striking ‘The Postal Service’ and inserting ‘Subject to subsection (f), the Postal Service’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(f) Limitation on Bonus Authority-CommentsClose CommentsPermalink
‘(1) DEFINITION- In this subsection, the term ‘covered year’ means the fiscal year following a fiscal year relating to which the Office of Management and Budget determines the Postal Service has not implemented the measures needed to achieve long-term solvency, as defined in section 208(e) of the 21st Century Postal Service Act of 2012.CommentsClose CommentsPermalink
‘(2) LIMITATION- The Postal Service may not provide a bonus or other reward under this section to an officer or employee of the Postal service in a critical senior executive or equivalent position, as designated under subsection (c), during a covered year.’.CommentsClose CommentsPermalink
(c) Effective Date; Applicability- The amendments made by subsections (a) and (b) shall--CommentsClose CommentsPermalink
(1) take effect on the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) apply to any contract entered or modified by the Postal Service on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(d) Sunset- Effective 2 years after the date of enactment of this Act--CommentsClose CommentsPermalink
(1)
(A) in subsection (a), by adding at the end the following: ‘No officer or employee shall be paid compensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5.’; andCommentsClose CommentsPermalink
(B) by striking subsection (e); andCommentsClose CommentsPermalink
(2)
(A) in subsection (a), by striking ‘Subject to subsection (f), the Postal Service’ and inserting ‘The Postal Service’; andCommentsClose CommentsPermalink
(B) by striking subsection (f).CommentsClose CommentsPermalink
TITLE II--POSTAL SERVICES AND OPERATIONSCommentsClose CommentsPermalink
TITLE II--POSTAL SERVICES AND OPERATIONSCommentsClose CommentsPermalink
SEC. 201. POSTAL FACILITIES.MAINTENANCE OF DELIVERY SERVICE STANDARDS.
(a) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term ‘plant service area’ means the geographic area served by a single sectional center facility, or a corresponding successor facility, as designated by the Postal Service; andCommentsClose CommentsPermalink
(2) the term ‘continental United States’ means the 48 contiguous States and the District of Columbia.CommentsClose CommentsPermalink
(b) Interim Maintenance of Standards- During the 3-year period beginning on the date of enactment of this Act, the Postal Service--CommentsClose CommentsPermalink
(1) shall maintain the service standards described in subsection (c);CommentsClose CommentsPermalink
(2) may not establish a new or revised service standard for market-dominant products under
(3) shall include in any new or revised overnight service standard established for market-dominant products under
(c) Service Standards-CommentsClose CommentsPermalink
(1) OVERNIGHT STANDARD FOR FIRST-CLASS MAIL AND PERIODICALS-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the Postal Service shall maintain an overnight service standard that provides overnight service for first-class mail and periodicals that--CommentsClose CommentsPermalink
(i) originate and destinate in the same plant service area; andCommentsClose CommentsPermalink
(ii) enter the mails before the critical entry time established and published by the Postal Service.CommentsClose CommentsPermalink
(B) AREAS OUTSIDE THE CONTINENTAL UNITED STATES- The requirements of subparagraph (A) shall not apply to areas outside the continental United States--CommentsClose CommentsPermalink
(i) in the case of mail that originates or destinates in a territory or possession of the United States that is part of a plant service area having a sectional center facility that--CommentsClose CommentsPermalink
(I) is not located in the territory or possession; andCommentsClose CommentsPermalink
(II) was not located in the territory or possession on January 1, 2012; andCommentsClose CommentsPermalink
(ii) in the case of mail not described in clause (i), except to the extent that the requirements are consistent with the service standards under part 121 of title 39, Code of Federal Regulations, as in effect on January 1, 2012.CommentsClose CommentsPermalink
(2) TWO-DAY DELIVERY FOR FIRST-CLASS MAIL- The Postal Service shall maintain a service standard that provides that first-class mail not delivered overnight will be delivered within 2 delivery days, to the maximum extent feasible using the network of postal facilities maintained to meet the requirements under paragraph (1).CommentsClose CommentsPermalink
(3) MAXIMUM DELIVERY TIME FOR FIRST-CLASS MAIL-CommentsClose CommentsPermalink
(A) IN GENERAL- The Postal Service shall maintain a service standard that provides that first-class mail will be delivered--CommentsClose CommentsPermalink
(i) within a maximum of 3 delivery days, for mail that originates and destinates within the continental United States; andCommentsClose CommentsPermalink
(ii) within a maximum period of time consistent with service standards under part 121 of title 39, Code of Federal Regulations, as in effect on January 1, 2012, for mail originating or destinating outside the continental United States.CommentsClose CommentsPermalink
(B) REVISIONS- Notwithstanding subparagraph (A)(ii), the Postal Service may revise the service standards under part 121 of title 39, Code of Federal Regulations for mail described in subparagraph (A)(ii) to take into account transportation conditions (including the availability of transportation) or other circumstances outside the control of the Postal Service.CommentsClose CommentsPermalink
SEC. 202. PRESERVING MAIL PROCESSING CAPACITY.
(a) Closing or Consolidating Certain Postal Facilities-
‘(f) Closing or Consolidation of Certain Postal Facilities-CommentsClose CommentsPermalink
‘(1) POSTAL FACILITY- In this subsection, the term ‘postal facility’--CommentsClose CommentsPermalink
‘(A) means any Postal Service facility that is primarily involved in the preparation, dispatch, or other physical processing of mail; andCommentsClose CommentsPermalink
‘(B) does not include--CommentsClose CommentsPermalink
‘(i) any post office, station, or branch; orCommentsClose CommentsPermalink
‘(ii) any facility used only for administrative functions.CommentsClose CommentsPermalink
‘(2) AREA MAIL PROCESSING STUDY-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) conduct an area mail processing study relating to that postal facility that includes--CommentsClose CommentsPermalink
‘(I) a plan to reduce the capacity of the postal facility, but not close the postal facility;‘(ii) publish the study on the Postal Service andCommentsClose CommentsPermalink
‘(II) consideration of the effect of the closure or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law;CommentsClose CommentsPermalink
‘(ii) publish the study on the Postal Service website; andCommentsClose CommentsPermalink
‘(iii) publish a notice that the study is complete and available to the public, including on the Postal Service website.CommentsClose CommentsPermalink
‘(B) COMPLETED OR ONGOING AREA MAIL PROCESSING STUDIES-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In the case of a postal facility described in clause (ii), the Postal Service shall--CommentsClose CommentsPermalink
‘(I) consider a plan to reduce the capacity of the postal facility, but not close the postal facility; and‘( without closing the postal facility;CommentsClose CommentsPermalink
‘(II) consider the effect of the closure or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law; andCommentsClose CommentsPermalink
‘(III) 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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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, without closing the postal facility or consideration of the effect of the closure or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law has been completed or;CommentsClose CommentsPermalink
‘(II) an area mail processing study is in progress; and‘(orCommentsClose CommentsPermalink
‘(III) a determination as to the necessity for the closing or consolidation of the postal facility has not been made.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) provide notice of the determination to--CommentsClose CommentsPermalink
‘(i) Congress;CommentsClose CommentsPermalink
and‘(ii) the Postal Regulatory Commission ‘(ii) the Postal Regulatory Commission; and CommentsClose CommentsPermalink
‘(iii) the chief executive of each State whose residents are served by the postal facility, to allow the chief executive to appoint a citizen’s service protection advocate under section 417;CommentsClose CommentsPermalink
‘(B) provide adequate public notice of the intention of the Postal Service to close or consolidate the postal facility;CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(D) before the 45-day period described in subparagraph (C), provide for public notice of that opportunity by--CommentsClose CommentsPermalink
‘(i) publication on the Postal Service website;CommentsClose CommentsPermalink
‘(ii) posting at the affected postal facility; andCommentsClose CommentsPermalink
‘(iii) advertising the date and location of the public community meeting under subparagraph (E); andCommentsClose CommentsPermalink
‘(E) during the 45-day period described in subparagraph (C), conduct a public community meeting that provides an opportunity for public comments to be submitted verbally or in writing.CommentsClose CommentsPermalink
‘(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 to close or consolidate a postal facility, shall consider--CommentsClose CommentsPermalink
‘(A) the views presented by interested persons solicited under paragraph (3);CommentsClose CommentsPermalink
‘(B) the effect of the closing or consolidation on the affected community, including any disproportionate impact the closureing or consolidation may have on a State, region, or locality;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(D) the effect of the closing or consolidation on delivery times for all classes of mail;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
and‘(F ‘(F) the effect of the closing or consolidation on small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; and CommentsClose CommentsPermalink
‘(G) any other factor the Postal Service determines is necessary.CommentsClose CommentsPermalink
‘(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 ing or consolidation justification statement that includes--CommentsClose CommentsPermalink
‘(A) a response to all public comments received with respect to the considerations described under paragraph (4);CommentsClose CommentsPermalink
‘(B) a description of the considerations made by the Postal Service under paragraph (4); andCommentsClose CommentsPermalink
‘(C) the actions that will be taken by the Postal Service to mitigate any negative effects identified under paragraph (4).CommentsClose CommentsPermalink
‘(6) CLOSING OR CONSOLIDATION OF POSTAL FACILITIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not earlier than the 15 days after posting and publishing the final determination and the the final determination and the justification statement under paragraph (65) with respect to a postal facility, the Postal Service may close or consolidate the postal facility.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) LIMITATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Except as provided in clause (ii), during the 3-year period beginning on the date of enactment of the 21st Century Postal Service Act of 2012, the Postal Service may not close or consolidate a postal facility if--CommentsClose CommentsPermalink
‘(I) the closing or consolidation prevents the Postal Service from maintaining service standards as required under section 201 of the 21st Century Postal Service Act of 2012; orCommentsClose CommentsPermalink
‘(II) the Postal Service--CommentsClose CommentsPermalink
‘(aa) did not close or consolidate the postal facility before May 15, 2012; andCommentsClose CommentsPermalink
‘(bb) conducted an area mail processing study with respect to the postal facility after January 1, 2006 that--CommentsClose CommentsPermalink
‘(AA) was terminated; orCommentsClose CommentsPermalink
‘(BB) concluded that no significant cost savings or efficiencies would result from closing or consolidating the postal facility.CommentsClose CommentsPermalink
‘(7ii) EXCEPTION- Clause (i) shall not apply with respect to a postal facility described in clause (i)(II) for which--CommentsClose CommentsPermalink
‘(I) an audit under clause (iii) concludes that the mail volume and operations of the facility have changed since the date of termination or completion of an area mail processing study described in clause (i)(II)(bb) to such an extent that the study is no longer valid; andCommentsClose CommentsPermalink
‘(II) an area mail processing study completed under this subsection concludes that the closing or consolidation or the postal facility is justified, taking into consideration the savings to the Postal Service and the impact of the closing or consolidation on postal customers.CommentsClose CommentsPermalink
‘(iii) AUDIT BY INSPECTOR GENERAL-CommentsClose CommentsPermalink
‘(I) IN GENERAL- Upon the written request of the Postmaster General, the Inspector General shall conduct an audit of the mail volume and operations of a postal facility.CommentsClose CommentsPermalink
‘(II) COMPLETION- Not later than 90 days after the date on which the Inspector General receives a request under subclause (I), the Inspector General shall submit to the Postmaster General and the Postal Regulatory Commission a report containing the conclusions of the audit under subclause (I).CommentsClose CommentsPermalink
‘(7) REVIEW BY POSTAL REGULATORY COMMISSION- In accordance with section 3662--CommentsClose CommentsPermalink
‘(A) an interested person may lodge a complaint with the Postal Regulatory Commission if the person believes that the closure or consolidation of a postal facility is not in conformance with applicable service standards, including the service standards established under section 201 of the 21st Century Postal Service Act of 2012, or with the requirements of section 417 of this title;CommentsClose CommentsPermalink
‘(B) if a complaint described in subparagraph (A) is lodged relating to the closure or consolidation of a postal facility, upon request by the person lodging the complaint, the Postal Regulatory Commission shall determine whether--CommentsClose CommentsPermalink
‘(i) the area mail processing study relating to the postal facility used an appropriate methodology; andCommentsClose CommentsPermalink
‘(ii) the cost savings identified in the area mail processing study relating to the postal facility are accurate;CommentsClose CommentsPermalink
‘(C) the Postal Regulatory Commission may direct the Postal Service to conduct another area mail processing study or direct the Postal Service to take action as described under subparagraph (D) if the Postal Regulatory Commission determines that--CommentsClose CommentsPermalink
‘(i) the area mail processing study relating to the postal facility used an inappropriate methodology; orCommentsClose CommentsPermalink
‘(ii) the cost savings identified in the area mail processing study relating to the postal facility are inaccurate; andCommentsClose CommentsPermalink
‘(D) if the Postal Regulatory Commission finds a complaint lodged by an interested person to be justified, the Commission shall order the Postal Service to take appropriate action to achieve compliance with applicable service standards, including the service standards established under section 201 of the 21st Century Postal Service Act of 2012, or with the requirements of section 417 of this title, or to remedy the effects of any noncompliance.CommentsClose CommentsPermalink
‘(8) 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--CommentsClose CommentsPermalink
‘(A) is updated routinely; andCommentsClose CommentsPermalink
‘(B) provides any person, at the option of the person, the opportunity to receive relevant updates by electronic mail.CommentsClose CommentsPermalink
‘(89) PROTECTION OF CERTAIN INFORMATION- Nothing in this subsection may be construed to require the Postal Service to disclose--CommentsClose CommentsPermalink
‘(A) any proprietary data, including any reference or citation to proprietary data; andorCommentsClose CommentsPermalink
‘(B) any information relating to the security of a postal facility.’.CommentsClose CommentsPermalink
SEC. 202. ADDITIONAL POSTAL SERVICE PLANNING.
Section 302(d) of the Postal Accountability and Enhancement Act of 2006 (
note) is amended-- 39 U.S.C. 3691 (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:
SEC. 203. AREA AND DISTRICT OFFICE STRUCTURE.‘(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.’.
(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 and mplaints Relating to Closing or Consolidation of Postal Facilities-, is amended--CommentsClose CommentsPermalink Section 3662 of title 39, United States Code
(1) in subsection (b), by adding at the end the criteria described in 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 yearsfollowing:CommentsClose CommentsPermalink‘(3) SUSPENSION OF EFFECTIVENESS OF DETERMINATION TO CLOSE OR CONSOLIDATE POSTAL FACILITIES- The Postal Regulatory Commission shall suspend the effectiveness of a determination by the Postal Service to close or consolidate a postal facility until the disposition of any complaint challenging the closing or consolidation on the basis that the closing or consolidation is--CommentsClose CommentsPermalink
‘(A) not in conformance with service standards issued under section 3691, including the service standards required to be maintained under section 201 of the 21st Century Postal Service Act of 2012; orCommentsClose CommentsPermalink
‘(B) unsupported by evidence on the record that substantial economic savings are likely to be achieved as a result of the closing or consolidation.’; andCommentsClose CommentsPermalink
(2) in subsection (c), by inserting ‘ordering the Postal Service to keep a postal facility open,’ after ‘loss-making products,’.CommentsClose CommentsPermalink
SEC. 204. POST OFFICES;3. ESTABLISHMENT OF RETAIL SERVICE STANDARDS.
(a) Closing Post Offices- (1) by striking ‘(d)(1)’ and all that follows through ‘present their views.’ and inserting the following: ‘(d)(1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the closing or consolidation of any post office, shall-- ‘(A) consider whether-- ‘(i) to close the post office or consolidate the post office and another post office located within a reasonable distance; ‘(ii) instead of closing or consolidating the post office-- ‘(I) to reduce the number of hours a day that the post office operates; or ‘(II) to continue operating the post office for the same number of hours a day; ‘(iii) to procure a contract providing full, or less than full, retail services in the community served by the post office; or ‘(iv) to provide postal services to the community served by the post office through a rural carrier; ‘(B) provide postal customers served by the post office an opportunity to participate in a nonbinding survey conducted by mail on a preference for an option described in subparagraph (A); and ‘(C) if the Postal Service determines to close or consolidate the post office, provide adequate notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of such closing or consolidation to persons served by such post office to ensure that such persons will have an opportunity to present their views.’; and (2) in subsection (d)(5), in the first sentence-- (A) by inserting ‘, station, or branch’ after ‘post office’; (B) by inserting ‘, station, or branch’ after ‘such office’; and (C) by striking ‘under paragraph (3)’. (b) Retail Service Standards-
(A1) purchase postage;CommentsClose CommentsPermalink
(B2) enter packages into the mail; andCommentsClose CommentsPermalink
(C3) procure other services offered by the Postal Service.CommentsClose CommentsPermalink
(2) ESTABLISHMENT- Not later than b) Establishment of Retail Service Standards- Not later than 6 months after the date of enactment of this Act, the Postal Service shall exercise its authority under
(3) CONTENTS- The service standards established under paragraph (2) shall--(Ac) Contents- The service standards established under subsection (b) shall--CommentsClose CommentsPermalink
(1) be consistent with--CommentsClose CommentsPermalink
(iA) the obligations of the Postal Service under
(iiB) the contents of the plan developed under section 302 of the Postal Accountability and Enhancement Act of 2006 (
(2) take into account factors including--CommentsClose CommentsPermalink
(iA) 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;CommentsClose CommentsPermalink
(iiB) the importance of facilitating communications for communities with limited or no access to Internet, broadband, or cellular telephone services;CommentsClose CommentsPermalink
(C) population, including population density, demographic factors such as the age and disability status, disability status, and degree of poverty 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;CommentsClose CommentsPermalink
(iiiD) 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 (
(ivE) 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; andCommentsClose CommentsPermalink
(vF) the ability of postal customers to access retail postal services in areas that were served by a post office that was closed or consolidated during the 1 year period ending on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 204. EXPANDED RETAIL ACCESS.
(a) Updated Plan- Not later than 1 year after the date of enactment of this Act, the Postal Service shall, in consultation with the Commission, develop and submit to Congress a revised and updated version of the plan to expand and market retail access to postal services required under section 302(d) of the Postal Accountability and Enhancement Act of 2006 (
(b) Contents- The plan required under subsection (a) shall--CommentsClose CommentsPermalink
(1) include a consideration of methods to expand and market retail access to postal services described in paragraphs (1) through (8) of section 302(d) of the Postal Accountability and Enhancement Act of 2006 (
(2) where possible, provide for an improvement in customer access to postal services;CommentsClose CommentsPermalink
(3) consider the impact of any decisions by the Postal Service relating to the implementation of the plan on rural areas, communities, and small towns; andCommentsClose CommentsPermalink
(4) ensure that--CommentsClose CommentsPermalink
(A) rural areas, communities, and small towns continue to receive regular and effective access to retail postal services after implementation of the plan; andCommentsClose CommentsPermalink
(B) the Postal Service solicits community input in accordance with applicable provisions of Federal law.CommentsClose CommentsPermalink
(c) Further Updates- The Postal Service, in consultation with the Commission, shall--CommentsClose CommentsPermalink
(1) update the plan required under subsection (a) as the Postal Service determines is appropriate; andCommentsClose CommentsPermalink
(2) submit each update under paragraph (1) to Congress.CommentsClose CommentsPermalink
SEC. 205. PRESERVING COMMUNITY POST OFFICES.
(a) Closing Post Offices-
‘(d)(1) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the closing or consolidation of any post office and, with respect to a determination to close a post office in a rural area, as defined by the Census Bureau, prior to making the determinations required by paragraph (4), shall--CommentsClose CommentsPermalink
‘(A) consider whether--CommentsClose CommentsPermalink
‘(i) to close the post office or consolidate the post office and another post office located within a reasonable distance;CommentsClose CommentsPermalink
‘(ii) instead of closing or consolidating the post office--CommentsClose CommentsPermalink
‘(I) to reduce the number of hours a day that the post office operates; orCommentsClose CommentsPermalink
‘(II) to continue operating the post office for the same number of hours a day;CommentsClose CommentsPermalink
‘(iii) to procure a contract providing full, or less than full, retail services in the community served by the post office; orCommentsClose CommentsPermalink
‘(iv) to provide postal services to the community served by the post office--CommentsClose CommentsPermalink
‘(I) through a rural carrier; orCommentsClose CommentsPermalink
‘(II) by co-locating an employee of the Postal Service at a commercial or government entity;CommentsClose CommentsPermalink
‘(B) provide postal customers served by the post office an opportunity to participate in a nonbinding survey conducted by mail on a preference for an option described in subparagraph (A); andCommentsClose CommentsPermalink
‘(C) if the Postal Service determines to close or consolidate the post office, provide adequate notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of such closing or consolidation to--CommentsClose CommentsPermalink
‘(i) persons served by such post office to ensure that such persons will have an opportunity to present their views; andCommentsClose CommentsPermalink
‘(ii) the chief executive of each State whose residents are served by such post office to allow the chief executive to appoint a citizen’s service protection advocate under section 417.CommentsClose CommentsPermalink
‘(2) The Postal Service, in making a determination whether or not to close or consolidate a post office--CommentsClose CommentsPermalink
‘(A) shall consider--CommentsClose CommentsPermalink
‘(i) the effect of such closing or consolidation on the community served by such post office;CommentsClose CommentsPermalink
‘(ii) the effect of the closing or consolidation on small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; andCommentsClose CommentsPermalink
‘(iii) the effect of such closing or consolidation on employees of the Postal Service employed at such office;CommentsClose CommentsPermalink
‘(iv) whether such closing or consolidation is consistent with--CommentsClose CommentsPermalink
‘(I) the policy of the Government, as stated in section 101(b) of this title, that the Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; andCommentsClose CommentsPermalink
‘(II) the retail service standards established under section 203 of the 21st Century Postal Service Act of 2012;CommentsClose CommentsPermalink
‘(v) the extent to which the community served by the post office lacks access to Internet, broadband and cellular phone service;CommentsClose CommentsPermalink
‘(vi) whether substantial economic savings to the Postal Service would result from such closing or consolidation; andCommentsClose CommentsPermalink
‘(vii) such other factors as the Postal Service determines are necessary; andCommentsClose CommentsPermalink
‘(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (
et seq.).CommentsClose CommentsPermalink 29 U.S.C. 651 ‘(3) Any determination of the Postal Service to close or consolidate a post office shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2) of this subsection and, with respect to a determination to close a post office located in a rural area, as defined by the Census Bureau, a summary of the determinations required under paragraph (4). Such determination and findings shall be made available to persons served by such post office.CommentsClose CommentsPermalink
‘(4) The Postal Service may not make a determination under subsection (a)(3) to close a post office located in a rural area, as defined by the Census Bureau, unless the Postal Service--CommentsClose CommentsPermalink
‘(A)(i) determines that postal customers served by the post office would continue after the closing to receive substantially similar access to essential items, such as prescription medications and time-sensitive communications, that are sent through the mail; orCommentsClose CommentsPermalink
‘(ii) takes action to substantially ameliorate any projected reduction in access to essential items described in clause (i); andCommentsClose CommentsPermalink
‘(B) determines that--CommentsClose CommentsPermalink
‘(i) businesses located in the community served by the post office would not suffer substantial financial loss as a result of the closing;CommentsClose CommentsPermalink
‘(ii) any economic loss to the community served by the post office as a result of the closing does not exceed the cost to the Postal Service of not closing the post office;CommentsClose CommentsPermalink
‘(iii) the area served by the post office has adequate access to wired broadband Internet service, as identified on the National Broadband Map of the National Telecommunications and Information Administration; andCommentsClose CommentsPermalink
‘(iv) there is a road connecting the community to another post office that is not more than 10 miles from the post office proposed to be closed (as measured on roads with year-round access).CommentsClose CommentsPermalink
‘(5)(A) The Postal Service shall take no action to close or consolidate a post office until 60 days after its written determination is made available to persons served by such post office.CommentsClose CommentsPermalink
‘(B) The Postal Service shall take no action to close or consolidate a post office until 60 days after the Postal Service provides written notice of the determination under paragraph (3) to--CommentsClose CommentsPermalink
‘(i) the State board of elections for the State in which the post office is located; andCommentsClose CommentsPermalink
‘(ii) each local board of elections (or equivalent local entity) having jurisdiction of an area served by the post office.CommentsClose CommentsPermalink
‘(6) A determination of the Postal Service to close or consolidate any post office, station, or branch may be appealed by any person served by such office, station, or branch to the Postal Regulatory Commission within 30 days after such determination is made available to such person. The Commission shall review such determination on the basis of the record before the Postal Service in the making of such determination. The Commission shall make a determination based upon such review no later than 120 days after receiving any appeal under this paragraph. The Commission shall set aside any determination, findings, and conclusions found to be--CommentsClose CommentsPermalink
‘(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;CommentsClose CommentsPermalink
‘(B) without observance of procedure required by law;CommentsClose CommentsPermalink
‘(C) inconsistent with the delivery service standards required to be maintained under section 201 of the 21st Century Postal Service Act of 2012 or not in conformance with the retail service standards established under section 203 of the 21st Century Postal Service Act of 2012; orCommentsClose CommentsPermalink
‘(D) unsupported by substantial evidence on the record, including that substantial economic savings are likely to be achieved as a result of the closing or consolidation.CommentsClose CommentsPermalink
The Commission may affirm or reverse the determination of the Postal Service or order that the entire matter be returned for further consideration, but the Commission may not modify the determination of the Postal Service. The determination of the Postal Service shall be suspended until the final disposition of the appeal. The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Commission under this paragraph.CommentsClose CommentsPermalink
‘(7) For purposes of paragraph (6), any appeal received by the Commission shall--CommentsClose CommentsPermalink
‘(A) if sent to the Commission through the mails, be considered to have been received on the date of the Postal Service postmark on the envelope or other cover in which such appeal is mailed; orCommentsClose CommentsPermalink
‘(B) if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission).CommentsClose CommentsPermalink
‘(8) Nothing in this subsection shall be construed to limit the right under section 3662--CommentsClose CommentsPermalink
‘(A) of an interested person to lodge a complaint with the Postal Regulatory Commission under section 3662 concerning nonconformance with service standards, including the retail service standards established under section 203 of the 21st Century Postal Service Act of 2012; orCommentsClose CommentsPermalink
‘(B) of the Postal Regulatory Commission, if the Commission finds a complaint lodged by an interested person to be justified, to order the Postal Service to take appropriate action to achieve compliance with applicable requirements, including the retail service standards established under section 203 of the 21st Century Postal Service Act of 2012, or to remedy the effects of any noncompliance.’.CommentsClose CommentsPermalink
(b) Prohibition on Closing Post Offices-CommentsClose CommentsPermalink
Notwithstanding(1) MORATORIUM PENDING ESTABLISHMENT OF SERVICE STANDARDS- Notwithstanding
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:
‘(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), and in accordance with the profitability plan required under section 401 and standards established by the Postal Service, the Postal Service is authorized to, to the maximum extent 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 curbline 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 any cost savings, revenue loss, or decline in the value of mail resulting from the conversions from door delivery that occurred during the preceding fiscal year;
‘(3) describes the progress of the Postal Service toward achieving the conversions authorized under subsection (b); and
‘(4) provides such additional information as the Postal Service considers appropriate.’.
(A) IN GENERAL- Notwithstanding paragraph (1) of this subsection or
(B) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed to limit the authority of the Postal Service to implement, consistent with the procedures under
(c) Moratorium To Protect the Ability of Voters To Vote Absentee or by Mail- Notwithstanding subsection (b)Clerical Amendment- The table of sections for subchapter VII of chapter 36 of title 39, United States Code of this subsection or subsection (d) or (f) of
(d) Historic Post Offices-
‘3692. Conversion of door delivery points(9)(A) In this paragraph, the term ‘historic post office building’ means a post office building that is a certified historic structure, as that term is defined in section 47(c)(3) of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
‘(B) In the case of a post office that has been closed and that is located within a historic post office building, the Postal Service shall provide Federal agencies and State and local government entities the opportunity to lease the historic post office building, if--CommentsClose CommentsPermalink
‘(i) the Postal Service is unable to sell the building at an acceptable price within a reasonable period of time after the post office has been closed; andCommentsClose CommentsPermalink
‘(ii) the Federal agency or State or local government entity that leases the building agrees to--CommentsClose CommentsPermalink
‘(I) restore the historic post office building at no cost to the Postal Service;CommentsClose CommentsPermalink
‘(II) assume responsibility for the maintenance of the historic post office building; andCommentsClose CommentsPermalink
‘(III) make the historic post office building available for public use.’.CommentsClose CommentsPermalink
SEC. 206. 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--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(2) a 10-year plan, including a timetable, that provides for consolidation of area and district offices within the continental United States (as defined in section 201(a)) wherever the Postal Service determines a consolidation would--CommentsClose CommentsPermalink
(A) be cost effective; andCommentsClose CommentsPermalink
(B) not substantially and adversely affect the operations of the Postal Service.CommentsClose CommentsPermalink
(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 and the criteria described in subsection (a)--CommentsClose CommentsPermalink
(1) consolidate district offices that are located within 50 miles of each other;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) relocate area offices to headquarters.CommentsClose CommentsPermalink
(c) Updates- The Postal Service shall update the plans required under subsection (a) not less frequently than once every 5 years.CommentsClose CommentsPermalink
(d) State Liaison- If the Postal Service does not maintain a district office in a State, the Postal Service shall designate at least 1 employee of the district office responsible for Postal Service operations in the State to represent the needs of Postal Service customers in the State. An employee designated under this subsection to represent the needs of Postal Service customers in a State shall be located in that State.CommentsClose CommentsPermalink
SEC. 207. LIMITATIONS ON CHANGES TO MAIL DELIVERY SCHEDULE.
(a) Limitation on Change in Schedule- Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(1) the Postal Service may not establish a general, nationwide delivery schedule of 5 or fewer days per week to street addresses under the authority of the Postal Service under title 39, United States Code, earlier than the date that is 24 months after the date of enactment of this Act; andCommentsClose CommentsPermalink
(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
(b) Preconditions- If the Postal Service intends to establish a change in delivery schedule under subsection (a)(2), the Postal Service shall--CommentsClose CommentsPermalink
(1) identify customers and communiti, communities, and small businesses 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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) implement measures to increase revenue and reduce costs, including the measures authorized under the amendments made by sections 101, 102, 103, 205, and 2097, and 211 of this Act;CommentsClose CommentsPermalink
(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
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) the Comptroller General of the United States; andCommentsClose CommentsPermalink
(C) the Commission.CommentsClose CommentsPermalink
(c) Review-CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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
(2) POSTAL REGULATORY COMMISSION-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) ADVISORY OPINION-CommentsClose CommentsPermalink
(i) IN GENERAL- The Commission shall--CommentsClose CommentsPermalink
(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
(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.CommentsClose CommentsPermalink
(ii) REQUIRED DETERMINATIONS- An advisory opinion under clause (i) shall determine--CommentsClose CommentsPermalink
(I) whether the measures developed under subsection (b)(2) ameliorate any disproportionate, negative impact that a change in schedule may have on customers and communiti, communities, and small businesses identified under subsection (b)(1); andCommentsClose CommentsPermalink
(II) based on the report submitted by the Comptroller General under paragraph (1)--CommentsClose CommentsPermalink
(aa) whether the Postal Service has implemented measures to increase revenue and reduce operating lossecosts as required under subsection (b)(3);CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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
(3) PROHIBITION ON IMPLEMENTATION OF CHANGE IN SCHEDULE- The Postal Service may not implement a change in delivery schedule under subsection (a)(2)--CommentsClose CommentsPermalink
(A) before the date on which the Comptroller General submits the report required under paragraph (1); andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Additional Limitations-CommentsClose CommentsPermalink
(1) RULES OF CONSTRUCTION- Nothing in this subsection shall be construed to--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(B) authorize any change in--CommentsClose CommentsPermalink
(i) the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities; orCommentsClose CommentsPermalink
(ii) the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities;CommentsClose CommentsPermalink
(C) authorize any change in the frequency of delivery to a post office box;CommentsClose CommentsPermalink
(D) prohibit the collection or delivery of a competitive mail product on a weekend, a recognized Federal holiday, or any other specific day of the week; orCommentsClose CommentsPermalink
(E) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Definition- In this section, the term ‘long-term solvency’ means the ability of the Postal Service to pay debts and meet expenses, including the ability to perform maintenance and repairs, make investments, and maintain financial reserves, as necessary to fulfill the requirements and comply with the policies of title 39, United States Code, and other obligations of the Postal Service over the long term.CommentsClose CommentsPermalink
SEC. 2078. TIME LIMITS FOR CONSIDERATION OF SERVICE CHANGES.
‘(b) Proposed Changes for Market-dominant Products-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) ADVISORY OPINION- Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall--CommentsClose CommentsPermalink
‘(A) provide an opportunity for public comment on the proposal; andCommentsClose CommentsPermalink
‘(B) issue an advisory opinion not later than--CommentsClose CommentsPermalink
‘(i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) RESPONSE TO OPINION- The Postal Service shall submit to the President and to Congress a response to an advisory opinion issued under paragraph (2) that includes--CommentsClose CommentsPermalink
‘(A) a statement of whether the Postal Service plans to modify the proposal to address any concerns or implement any recommendations made by the Commission; andCommentsClose CommentsPermalink
‘(B) for any concern that the Postal Service determines not to address and any recommendation that the Postal Service determines not to implement, the reasons for the determination.CommentsClose CommentsPermalink
‘(4) ACTION ON PROPOSAL- The Postal Service may take action regarding a proposal submitted under paragraph (1)--CommentsClose CommentsPermalink
‘(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);CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(C) after the date described in paragraph (2)(B), if--CommentsClose CommentsPermalink
‘(i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described in paragraph (2)(B); andCommentsClose CommentsPermalink
‘(ii) the action is not otherwise prohibited under Federal law.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 2089. 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--CommentsClose CommentsPermalink
(1) publish a notice of the proposed change to the specification in the Federal Register;CommentsClose CommentsPermalink
(2) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the final change to the specification in the Federal Register;CommentsClose CommentsPermalink
(B) responses to any comments submitted under paragraph (2); andCommentsClose CommentsPermalink
(C) an analysis of the financial impact that the proposed change would have on--CommentsClose CommentsPermalink
(i) the Postal Service; andCommentsClose CommentsPermalink
(ii) the customers of the Postal Service that would be affected by the proposed change; andCommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(1) change the mailing specifications by--CommentsClose CommentsPermalink
(A) issuing an interim final rule that--CommentsClose CommentsPermalink
(i) includes a finding by the Postal Service that there is good cause for the interim final rule;CommentsClose CommentsPermalink
(ii) provides an opportunity for the submission of written comments on the interim final rule for a period of not less than 30 days; andCommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) publishing in the Federal Register a response to any comments submitted under subparagraph (A)(ii); andCommentsClose CommentsPermalink
(2) waive the requirement under paragraph (1)(A)(iii) or subsection (a)(4).CommentsClose CommentsPermalink
(c) Rules Relating to Notice and Comment-CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(2) RULES- In issuing the rules required under paragraph (1), the Postal Service shall--CommentsClose CommentsPermalink
(A) publish a notice of proposed rulemaking in the Federal Register that includes proposed definitions of the terms ‘mailing specifications’ and ‘significant burden’;CommentsClose CommentsPermalink
(B) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; andCommentsClose CommentsPermalink
(C) publish--CommentsClose CommentsPermalink
(i) the rule in final form in the Federal Register; andCommentsClose CommentsPermalink
(ii) responses to the comments submitted under subparagraph (B).CommentsClose CommentsPermalink
SEC. 20910. NONPOSTAL PRODUCTS AND SERVICES.
(a) In General-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink
‘(6) after the date of enactment of the 21st Century Postal Service Act of 2012, and except as provided in subsection (e), to provide other services that are not postal services, after the Postal Regulatory Commission--CommentsClose CommentsPermalink
‘(A) makes a determination that the provision of such services--CommentsClose CommentsPermalink
‘(i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service;CommentsClose CommentsPermalink
‘(ii) is consistent with the public interest and a demonstrated or potential public demand for--CommentsClose CommentsPermalink
‘(I) the Postal Service to provide the services instead of another entity providing the services; orCommentsClose CommentsPermalink
‘(II) the Postal Service to provide the services in addition to another entity providing the services;CommentsClose CommentsPermalink
‘(iii) would not create unfair competition with the private sector; and‘(i, taking into consideration the extent to which the Postal Service will not, either by legal obligation or voluntarily, comply with any State or local requirements that are generally applicable to persons that provide the services;CommentsClose CommentsPermalink
‘(iv) will be undertaken in accordance with all Federal laws generally applicable to the provision of such services; andCommentsClose CommentsPermalink
‘(v) 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; andCommentsClose CommentsPermalink
‘(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, or experimental product, as required under chapter 36 of title 39, United States Code;’; andCommentsClose CommentsPermalink
(2) in subsection (e)(2), by striking ‘Nothing’ and all that follows through ‘except that the’ and inserting ‘The’.CommentsClose CommentsPermalink
(b) Complaints-
(c) 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 undersection 404(a)(6)(A)(i
SEC. 211. CHIEF INNOVATION OFFICER; INNOVATION STRATEGY.
(a) Chief Innovation Officer-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 2 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 209. Chief innovation officer
‘(a) Establishment- There shall be in the Postal Service a Chief Innovation Officer appointed by the Postmaster General.CommentsClose CommentsPermalink
‘(b) Qualifications- The Chief Innovation Officer shall have proven expertise and a record of accomplishment in areas such as--CommentsClose CommentsPermalink
‘(1) the postal and shipping industry;CommentsClose CommentsPermalink
‘(2) innovative product research and development;CommentsClose CommentsPermalink
‘(3) brand marketing strategy;CommentsClose CommentsPermalink
‘(4) new and emerging technology, including communications technology; orCommentsClose CommentsPermalink
‘(5) business process management.CommentsClose CommentsPermalink
‘(c) Duties- The Chief Innovation Officer shall lead the development and implementation of--CommentsClose CommentsPermalink
‘(1) innovative postal products and services, particularly products and services that use new and emerging technology, including communications technology, to improve the net financial position of the Postal Service; andCommentsClose CommentsPermalink
‘(2) nonpostal products and services authorized under section 404(a)(6) that have the potential to improve the net financial position of the Postal Service.CommentsClose CommentsPermalink
‘(d) Deadline- The Postmaster General shall appoint a Chief Innovation Officer not later than 90 days after the date of enactment of the 21st Century Postal Service Act of 2012.CommentsClose CommentsPermalink
‘(e) Condition-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Chief Innovation Officer may not hold any other office or position in the Postal Service while serving as Chief Innovation Officer.CommentsClose CommentsPermalink
‘(2) RULE OF CONSTRUCTION- Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service at the time the individual is appointed Chief Innovation Officer from serving as the Chief Innovation Officer under this section.’.CommentsClose CommentsPermalink
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 2 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘209. Chief innovation officer.’.CommentsClose CommentsPermalink
(b) Innovation Strategy-CommentsClose CommentsPermalink
(1) INITIAL REPORT ON INNOVATION STRATEGY-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report that contains a comprehensive strategy (referred to in this subsection as the ‘innovation strategy’) for improving the net financial position of the Postal Service through innovation, including the offering of new postal and nonpostal products and services, to--CommentsClose CommentsPermalink
(i) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(B) MATTERS TO BE ADDRESSED- At a minimum, the report on innovation strategy required under subparagraph (A) shall describe--CommentsClose CommentsPermalink
(i) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including--CommentsClose CommentsPermalink
(I) the nature of the market demand to be satisfied by each product or service; andCommentsClose CommentsPermalink
(II) the estimated date by which each product or service will be introduced;CommentsClose CommentsPermalink
(ii) the cost of developing and offering each product or service;CommentsClose CommentsPermalink
(iii) the anticipated sales volume for each product or service;CommentsClose CommentsPermalink
(iv) the anticipated revenues and profits to be generated by each product or service;CommentsClose CommentsPermalink
(v) the likelihood of success of each product or service and the risks associated with the development and sale of each product or service;CommentsClose CommentsPermalink
(vi) the trends anticipated in market conditions that may affect the success of each product or service during the 5-year period beginning on the date of the submission of the report under subparagraph (A);CommentsClose CommentsPermalink
(vii) any innovations designed to improve the net financial position of the Postal Service, other than the offering of new products and services; andCommentsClose CommentsPermalink
(viii) the metrics that will be used to assess the effectiveness of the innovation strategy.CommentsClose CommentsPermalink
(2) ANNUAL REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 1 year after the date of the submission of the initial report containing the innovation strategy under paragraph (1), and annually thereafter for 10 years, the Postmaster General, acting through the Chief Innovation Officer, shall submit a report on the implementation of the innovation strategy to--CommentsClose CommentsPermalink
(i) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(B) MATTERS TO BE ADDRESSED- At a minimum, an annual report submitted under subparagraph (A) shall include--CommentsClose CommentsPermalink
(i) an update of the initial report on innovation strategy submitted under paragraph (1);CommentsClose CommentsPermalink
(ii) a description of the progress made by the Postal Service in implementing the products, services, and other innovations described in the initial report on innovation strategy;CommentsClose CommentsPermalink
(iii) an analysis of the performance of each product, service, or other innovation described in the initial report on innovation strategy, including--CommentsClose CommentsPermalink
(I) the revenue generated by each product or service developed in accordance with the innovation strategy under this section and the cost of developing and offering each product or service for the preceding year;CommentsClose CommentsPermalink
(II) trends in each market in which a product or service is intended to satisfy a demand;CommentsClose CommentsPermalink
(III) each product or service identified in the innovation strategy that is to be discontinued, the date on which each discontinuance will occur, and the reasons for each discontinuance;CommentsClose CommentsPermalink
(IV) each alteration that the Postal Service plans to make to a product or service identified in the innovation strategy to address changing market conditions and an explanation of how each alteration will ensure the success of the product or service;CommentsClose CommentsPermalink
(V) the performance of innovations other than new products and services that are designed to improve the net financial position of the Postal Service; andCommentsClose CommentsPermalink
(VI) the performance of the innovation strategy according to the metrics described in paragraph (1)(B)(viii).CommentsClose CommentsPermalink
SEC. 212. STRATEGIC ADVISORY COMMISSION ON POSTAL SERVICE SOLVENCY AND INNOVATION.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Postal Service a Strategic Advisory Commission on Postal Service Solvency and Innovation (in this section referred to as the ‘Advisory Commission’).CommentsClose CommentsPermalink
(2) INDEPENDENCE- The Advisory Commission shall not be subject to the supervision of the Board of Governors of the Postal Service (in this section referred to as the ‘Board of Governors’), the Postmaster General, or any other officer or employee of the Postal Service.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the Advisory Commission is--CommentsClose CommentsPermalink
(1) to provide strategic guidance to the President, Congress, the Board of Governors, and the Postmaster General on enhancing the long-term solvency of the Postal Service; andCommentsClose CommentsPermalink
(2) to foster innovative thinking to address the challenges facing the Postal Service.CommentsClose CommentsPermalink
(c) Membership-CommentsClose CommentsPermalink
(1) COMPOSITION- The Advisory Commission shall be composed of 7 members, of whom--CommentsClose CommentsPermalink
(A) 3 members shall be appointed by the President, who shall designate 1 member appointed under this subparagraph to serve as Chairperson of the Advisory Commission; andCommentsClose CommentsPermalink
(B) 1 member shall be appointed by each of--CommentsClose CommentsPermalink
(i) the majority leader of the Senate;CommentsClose CommentsPermalink
(ii) the minority leader of the Senate;CommentsClose CommentsPermalink
(iii) the Speaker of the House of Representatives; andCommentsClose CommentsPermalink
(iv) the minority leader of the House of Representatives.CommentsClose CommentsPermalink
(2) QUALIFICATIONS- Members of the Advisory Commission shall be prominent citizens having--CommentsClose CommentsPermalink
(A) significant depth of experience in such fields as business and public administration;CommentsClose CommentsPermalink
(B) a reputation for innovative thinking;CommentsClose CommentsPermalink
(C) familiarity with new and emerging technologies; andCommentsClose CommentsPermalink
(D) experience with revitalizing organizations that experienced significant financial challenges or other challenges.CommentsClose CommentsPermalink
(3) INCOMPATIBLE OFFICES- An individual who is appointed to the Advisory Commission may not serve as an elected official or an officer or employee of the Federal Government while serving as a member of the Advisory Commission, except in the capacity of that individual as a member of the Advisory Commission.CommentsClose CommentsPermalink
(4) DEADLINE FOR APPOINTMENT- Each member of the Advisory Commission shall be appointed not later than 45 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(5) MEETINGS; QUORUM; VACANCIES-CommentsClose CommentsPermalink
(A) MEETINGS- The Advisory Commission shall meet at the call of the Chairperson or a majority of the members of the Advisory Commission.CommentsClose CommentsPermalink
(B) QUORUM- 4 members of the Advisory Commission shall constitute a quorum.CommentsClose CommentsPermalink
(C) VACANCIES- Any vacancy in the Advisory Commission shall not affect the powers of the Advisory Commission, but shall be filled as soon as practicable in the same manner in which the original appointment was made.CommentsClose CommentsPermalink
(d) Duties and Powers-CommentsClose CommentsPermalink
(1) DUTIES- The Advisory Commission shall--CommentsClose CommentsPermalink
(A) study matters that the Advisory Commission determines are necessary and appropriate to develop a strategic blueprint for the long-term solvency of the Postal Service, including--CommentsClose CommentsPermalink
(i) the financial, operational, and structural condition of the Postal Service;CommentsClose CommentsPermalink
(ii) alternative strategies and business models that the Postal Service could adopt;CommentsClose CommentsPermalink
(iii) opportunities for additional postal and nonpostal products and services that the Postal Service could offer;CommentsClose CommentsPermalink
(iv) innovative services that postal services in foreign countries have offered, including services that respond to the increasing use of electronic means of communication; andCommentsClose CommentsPermalink
(v) the governance structure, management structure, and management of the Postal Service, including--CommentsClose CommentsPermalink
(I) the appropriate method of appointment, qualifications, duties, and compensation for senior officials of the Postal Service, including the Postmaster General; andCommentsClose CommentsPermalink
(II) the number and functions of senior officials of the Postal Service and the number of levels of management of the Postal Service; andCommentsClose CommentsPermalink
(B) submit the report required under subsection (f).CommentsClose CommentsPermalink
(2) HEARINGS- The Advisory Commission may hold such hearings, take such testimony, and receive such evidence as is necessary to carry out this section.CommentsClose CommentsPermalink
(3) ACCESS TO INFORMATION- The Advisory Commission may secure directly from the Postal Service, the Board of Governors, the Postal Regulatory Commission, and any other Federal department or agency such information as the Advisory Commission considers necessary to carry out this section. Upon request of the Chairperson of the Advisory Commission, the head of the department or agency shall furnish the information described in the preceding sentence to the Advisory Commission.CommentsClose CommentsPermalink
(e) Personnel Matters-CommentsClose CommentsPermalink
(1) ADVISORY COMMISSION MEMBERS-CommentsClose CommentsPermalink
(A) COMPENSATION OF MEMBERS- Each member of the Advisory Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under
(B) TRAVEL EXPENSES- Members of the Advisory Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees serving intermittently in the Government service under
(2) STAFF-CommentsClose CommentsPermalink
(A) APPOINTMENT AND COMPENSATION- The Chairperson, in accordance with rules agreed upon by the Advisory Commission, shall appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the Advisory Commission to carry out the functions of the Advisory Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification of positions and General Schedule pay rates, except that a rate of pay fixed under this subsection may not exceed the rate payable for level V of the Executive Schedule under
(B) DETAILEES- Any Federal employee, including an employee of the Postal Service, may be detailed to the Advisory Commission without reimbursement, and such detail shall be without interruption or loss of the civil service rights, status, or privilege of the employee.CommentsClose CommentsPermalink
(C) CONSULTANT SERVICES- The Advisory Commission may procure the services of experts and consultants in accordance with
(f) Strategic Blueprint for Long-term Solvency-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, the Advisory Commission shall submit a report that contains a strategic blueprint to--CommentsClose CommentsPermalink
(A) the President;CommentsClose CommentsPermalink
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink
(C) the Committee on Oversight and Government Reform of the House of Representatives;CommentsClose CommentsPermalink
(D) the Board of Governors; andCommentsClose CommentsPermalink
(E) the Postmaster General.CommentsClose CommentsPermalink
(2) CONTENTS- The report submitted under paragraph (1) shall contain a strategic blueprint for the long-term solvency of the Postal Service that includes--CommentsClose CommentsPermalink
(A) an assessment of the business model of the Postal Service as of the date on which the report is submitted;CommentsClose CommentsPermalink
(B) an assessment of potential future business models for the Postal Service, including an evaluation of the appropriate balance between--CommentsClose CommentsPermalink
(i) necessary reductions in costs and services; andCommentsClose CommentsPermalink
(ii) additional opportunities for growth and revenue;CommentsClose CommentsPermalink
(C) a strategy for addressing significant current and future liabilities;CommentsClose CommentsPermalink
(D) identification of opportunities for further reductions in costs;CommentsClose CommentsPermalink
(E) identification of opportunities for new and innovative products and services;CommentsClose CommentsPermalink
(F) a strategy for future growth;CommentsClose CommentsPermalink
(G) a vision of how the Postal Service will operate in a sustainable manner 20 years after the date of enactment of this Act; andCommentsClose CommentsPermalink
(H) recommendations for any legislative changes necessary to implement the strategic blueprint described in this paragraph.CommentsClose CommentsPermalink
(g) Study and Strategic Plan on Inter-agency Agreements for Post Offices-CommentsClose CommentsPermalink
(1) DUTIES OF ADVISORY COMMISSION-CommentsClose CommentsPermalink
(A) STUDY-CommentsClose CommentsPermalink
(i) IN GENERAL- The Advisory Commission shall conduct a study concerning the advisability of the Postal Service entering into inter-agency agreements with Federal, State, and local agencies, with respect to post offices, that--CommentsClose CommentsPermalink
(I) streamline and consolidate services provided by Federal, State, and local agencies;CommentsClose CommentsPermalink
(II) decrease the costs incurred by Federal agencies in providing services to the general public; andCommentsClose CommentsPermalink
(III) improve the efficiency and maintain the customer service standards of the Federal, State, and local agencies.CommentsClose CommentsPermalink
(ii) CLARIFICATION OF INTER-AGENCY AGREEMENTS- The study under clause (i) shall include consideration of the advisability of the Postal Service entering into an inter-agency agreement with--CommentsClose CommentsPermalink
(I) the Bureau of the Census for the provision of personnel and resources for the 2020 decennial census;CommentsClose CommentsPermalink
(II) the department of motor vehicles, or an equivalent agency, of each State for the provision of driver licenses, vehicle registration, and voter registration;CommentsClose CommentsPermalink
(III) the division of wildlife, the department of natural resources, or an equivalent agency, of each State for the provision of hunting and fishing licenses; andCommentsClose CommentsPermalink
(IV) other Federal agencies responsible for providing services to the general public.CommentsClose CommentsPermalink
(B) FINDINGS- The Advisory Commission shall--CommentsClose CommentsPermalink
(i) not later than 1 year after the date of enactment of this Act, submit to the Postal Service the findings of the study conducted under subparagraph (A); andCommentsClose CommentsPermalink
(ii) incorporate the findings described in clause (i) into the strategic blueprint required under subsection (f).CommentsClose CommentsPermalink
(2) POSTAL SERVICE STRATEGIC PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 6 months after the date on which the Advisory Commission submits to the Postal Service the findings under paragraph (1)(B), the Postal Service shall submit a strategic plan for entering into inter-agency agreements concerning post offices to--CommentsClose CommentsPermalink
(i) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(B) LIMITATIONS- The strategic plan submitted under subparagraph (A)--CommentsClose CommentsPermalink
(i) shall be consistent with--CommentsClose CommentsPermalink
(I) the retail service standards established under section 203 of this Act;CommentsClose CommentsPermalink
(II)
(III) public interest and demand; andCommentsClose CommentsPermalink
(ii) may not prevent the implementation of Postal Service initiatives with respect to retail access to postal services under sections 203 and 204 of this Act.CommentsClose CommentsPermalink
(C) COST SAVINGS PROJECTIONS- The strategic plan submitted under subparagraph (A) shall include, for each proposed inter-agency agreement, a projection of cost savings to be realized by the Postal Service and by any other Federal agency that is a party to the agreement.CommentsClose CommentsPermalink
(h) Termination of the Commission- The Advisory Commission shall terminate 90 days after the later of--CommentsClose CommentsPermalink
(1) the date on which the Advisory Commission submits the report on the strategic blueprint for long-term solvency under subsection (f); andCommentsClose CommentsPermalink
(2) the date on which the Advisory Commission submits the findings on inter-agency agreements for post offices under subsection (g).Comments