S 353 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 353CommentsClose CommentsPermalink

To provide for improvements to the United States Postal Service, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 15, 2011CommentsClose CommentsPermalink

Ms. COLLINS introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for improvements to the United States Postal Service, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘U.S. Postal Service Improvements Act of 2011’.CommentsClose CommentsPermalink

TITLE I--POSTAL SERVICE IMPROVEMENTSCommentsClose CommentsPermalink

SEC. 101. TRANSFER OF AMOUNTS FROM THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

(a) Office of Personnel Management Determination- Not later than 30 days after the date of enactment of this Act and in accordance with section 802(c)(2) of the Postal Accountability and Enhancement Act (5 U.S.C. 8348 note; Public Law 109-435; 120 Stat. 3250), the Office of Personnel Management shall make a determination or redetermination under section 8348(h) of title 5, United States Code, consistent with the report submitted by the Postal Regulatory Commission to the Postal Service and Congress on June 29, 2010.CommentsClose CommentsPermalink





(b) Availability for Transfers- Section 8348(h)(2) of title 5, United States Code, is amended by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink





‘(B) The Office shall redetermine the Postal surplus or supplemental liability as of the close of the fiscal year ending September 30, 2010, and for each year thereafter, through the fiscal year ending September 30, 2043. If the result for a fiscal year is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (C). Beginning June 15, 2017, if the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043.CommentsClose CommentsPermalink





‘(C)(i) As of the close of the fiscal years ending September 30, 2010, 2011, 2012, 2013, 2014, 2015, and 2016, if the result is a surplus, that amount, or any part of that amount, may be transferred to the Postal Service Retiree Health Benefits Fund.CommentsClose CommentsPermalink





‘(ii) As of the close of the fiscal year ending September 30, 2017, and each year thereafter, if the result is a surplus, that amount, or any part of that amount, may be transferred to--CommentsClose CommentsPermalink





‘(I) the Postal Service Retiree Health Benefits Fund to pay any liability to the Postal Service Retiree Health Benefits Fund; orCommentsClose CommentsPermalink





‘(II) if all liability to the Postal Service Retiree Health Benefits Fund is paid--CommentsClose CommentsPermalink





‘(aa) the Employees’ Compensation Fund established under section 8147; orCommentsClose CommentsPermalink





‘(bb) the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39.CommentsClose CommentsPermalink





‘(iii) Any transfer under clause (i) shall be--CommentsClose CommentsPermalink





‘(I) made at the discretion of the Board of Governors of the Postal Service in the amount determined by the Board of Governors, except the amount may not exceed the amount under section 8909a(d)(3)(A) remaining to be paid for the applicable fiscal year; andCommentsClose CommentsPermalink





‘(II) credited to the Postal Service for payment of the amount required under section 8909a(d)(3)(A) for the applicable fiscal year.CommentsClose CommentsPermalink





‘(iv) Any transfer under clause (ii) shall be--CommentsClose CommentsPermalink





‘(I) made at the discretion of the Board of Governors of the Postal Service in the amount determined by the Board of Governors;CommentsClose CommentsPermalink





‘(II) if transferred to the Postal Service Retiree Health Benefits Fund, credited to the Postal Service for payment of any liability of the Postal Service to the Postal Service Retiree Health Benefits Fund for the applicable fiscal year; andCommentsClose CommentsPermalink





‘(III) if transferred to the Employees’ Compensation Fund established under section 8147, credited to the Postal Service for payment of any liability of the Postal Service under chapter 81 for the applicable fiscal year.CommentsClose CommentsPermalink





‘(v) The Board of Governors shall--CommentsClose CommentsPermalink





‘(I) provide written notice to the Office of any amount to be transferred under this clause; andCommentsClose CommentsPermalink





‘(II) take all actions of the Board under this clause by a majority vote.CommentsClose CommentsPermalink





‘(vi) The Office shall transfer any amount determined by the Board of Governors to the credit of the Postal Service in accordance with this clause.’.CommentsClose CommentsPermalink





(c) Postal Service Surplus or Liability Based on Federal Employees Retirement System Contributions- Section 8348 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(m)(1) In this subsection, the term ‘Postal surplus or supplemental liability’ means the estimated difference, as determined by the Office, between--CommentsClose CommentsPermalink





‘(A) the actuarial present value of all future benefits payable from the Fund under chapter 84 to current or former employees of the United States Postal Service and attributable to civilian employment with the United States Postal Service; andCommentsClose CommentsPermalink





‘(B) the sum of--CommentsClose CommentsPermalink





‘(i) the actuarial present value of deductions to be withheld from the future basic pay of employees of the United States Postal Service currently subject to chapter 84 under section 8422;CommentsClose CommentsPermalink





‘(ii) that portion of the Fund balance, as of the date the Postal surplus or supplemental liability is determined, attributable to payments to the Fund by the United States Postal Service and its employees, minus benefit payments attributable to civilian employment with the United States Postal Service, plus the earnings on such amounts while in the Fund; andCommentsClose CommentsPermalink





‘(iii) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.CommentsClose CommentsPermalink





‘(2)(A) The Office shall determine the Postal surplus or supplemental liability as of the close of the fiscal year ending September 30, 2010, and for each year thereafter, through the fiscal year ending September 30, 2043. If the result for a fiscal year is a surplus, that amount shall remain in the Fund until distribution is authorized under subparagraph (B). Beginning June 15, 2017, if the result is a supplemental liability, the Office shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by September 30, 2043.CommentsClose CommentsPermalink





‘(B)(i) As of the close of the fiscal years ending September 30, 2010, 2011, 2012, 2013, 2014, 2015, and 2016, if the result is a surplus, that amount, or any part of that amount, may be transferred to the Postal Service Retiree Health Benefits Fund.CommentsClose CommentsPermalink





‘(ii) As of the close of the fiscal year ending September 30, 2017, and each year thereafter, if the result is a surplus, that amount, or any part of that amount, may be transferred to--CommentsClose CommentsPermalink





‘(I) the Postal Service Retiree Health Benefits Fund to pay any liability to the Postal Service Retiree Health Benefits Fund; orCommentsClose CommentsPermalink





‘(II) if all liability to the Postal Service Retiree Health Benefits Fund is paid--CommentsClose CommentsPermalink





‘(aa) the Employees’ Compensation Fund established under section 8147; orCommentsClose CommentsPermalink





‘(bb) the United States Postal Service for the repayment of any obligation issued under section 2005 of title 39.CommentsClose CommentsPermalink





‘(iii) Any transfer under clause (i) shall be--CommentsClose CommentsPermalink





‘(I) made at the discretion of the Board of Governors of the Postal Service in the amount determined by the Board of Governors, except the amount may not exceed the amount under section 8909a(d)(3)(A) remaining to be paid for the applicable fiscal year; andCommentsClose CommentsPermalink





‘(II) credited to the Postal Service for payment of the amount required under section 8909a(d)(3)(A) for the applicable fiscal year.CommentsClose CommentsPermalink





‘(iv) Any transfer under clause (ii) shall be--CommentsClose CommentsPermalink





‘(I) made at the discretion of the Board of Governors of the Postal Service in the amount determined by the Board of Governors;CommentsClose CommentsPermalink





‘(II) if transferred to the Postal Service Retiree Health Benefits Fund, credited to the Postal Service for payment of any liability of the Postal Service to the Postal Service Retiree Health Benefits Fund for the applicable fiscal year; andCommentsClose CommentsPermalink





‘(III) if transferred to the Employees’ Compensation Fund established under section 8147, credited to the Postal Service for payment of any liability of the Postal Service under chapter 81 for the applicable fiscal year.CommentsClose CommentsPermalink





‘(v) The Board of Governors shall--CommentsClose CommentsPermalink





‘(I) provide written notice to the Office of any amount to be transferred under this clause; andCommentsClose CommentsPermalink





‘(II) take all actions of the Board under this clause by a majority vote.CommentsClose CommentsPermalink





‘(vi) The Office shall transfer any amount determined by the Board of Governors to the credit of the Postal Service in accordance with this clause.CommentsClose CommentsPermalink





‘(C) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.CommentsClose CommentsPermalink





‘(D) The United States Postal Service shall pay the amounts so determined to the Office, with payments due not later than the date scheduled by the Office.CommentsClose CommentsPermalink





‘(3) Notwithstanding any other provision of law, in computing the amount of any payment under any other subsection of this section that is based upon the amount of the unfunded liability, such payment shall be computed disregarding that portion of the unfunded liability that the Office determines will be liquidated by payments under this subsection.CommentsClose CommentsPermalink





‘(4)(A) The United States Postal Service may--CommentsClose CommentsPermalink





‘(i) request the Postal Regulatory Commission to procure the services of an actuary to review any determination by the Office under this subsection; orCommentsClose CommentsPermalink





‘(ii) if the Postal Regulatory Commission does not object, procure the services of an actuary to review any determination by the Office under this subsection.CommentsClose CommentsPermalink





‘(B) A review under subparagraph (A) shall be conducted--CommentsClose CommentsPermalink





‘(i) by an actuary who holds membership in the American Academy of Actuaries and who is qualified in the evaluation of pension obligations; andCommentsClose CommentsPermalink





‘(ii) in accordance with generally accepted actuarial practices and principles.CommentsClose CommentsPermalink





‘(C)(i) An actuary that conducts a review under subparagraph (A) shall submit a report on the review to the entity that procured the services of the actuary.CommentsClose CommentsPermalink





‘(ii) Upon receipt of a report under clause (i), the Postal Regulatory Commission or the United States Postal Service, as appropriate, shall--CommentsClose CommentsPermalink





‘(I) determine whether to approve the report; andCommentsClose CommentsPermalink





‘(II) if the report is approved, submit the report to the Office and to Congress, together with any comments of the Postal Regulatory Commission or United States Postal Service.CommentsClose CommentsPermalink





‘(D) Notwithstanding any other provision of this subsection, upon submission of a report by the Postal Regulatory Commission or United States Postal Service under subparagraph (C)(ii)(II), the Office shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Postal Regulatory Commission, the United States Postal Service, and Congress.’.CommentsClose CommentsPermalink

SEC. 102. CONSIDERATION OF POSTAL SERVICE FINANCIAL CONDITION.

Section 1207(c)(2) of title 39, United States Code, is amended by inserting ‘The arbitration board shall consider the financial condition of the Postal Service in rendering its decision.’ after the first sentence.CommentsClose CommentsPermalink

SEC. 103. INCREASE IN THE USE OF NEGOTIATED SERVICE AGREEMENTS.

Section 3622 of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) The Postal Service and the Postal Regulatory Commission shall coordinate actions to identify ways to increase the use of negotiated service agreements for market dominant products by the Postal Service consistent with subsection (c)(10).’.CommentsClose CommentsPermalink

SEC. 104. AREA AND DISTRICT FIELD OFFICES.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Postmaster General shall submit a comprehensive strategic plan for guiding area and district field office structure decisions to--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(b) Contents- The plan under subsection (a) shall--CommentsClose CommentsPermalink





(1) be developed in consultation with the Postal Regulatory Commission; andCommentsClose CommentsPermalink





(2) include--CommentsClose CommentsPermalink





(A) an assessment of the effectiveness of the plan with respect to increasing efficiency, eliminating duplication, and reducing unnecessary costs;CommentsClose CommentsPermalink





(B) a review of the field office structure of the United States Postal Service and describe the actions to be taken by the United States Postal Service to modify the structure based on the review; andCommentsClose CommentsPermalink





(C) an examination of environmental factors, mail volumes, technological advancements, operational considerations, and other issues impacting the strategic goals of the United States Postal Service under the plan.CommentsClose CommentsPermalink





(c) Report on Progress- Not later than January 1, 2012, the Postmaster General shall submit a report on the progress of implementing the comprehensive strategic plan under this section to--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(d) Updated Plans- Not later than January 1, 2015, and each 5 years thereafter, the United States Postal Service, in consultation with the Postal Regulatory Commission, shall submit an updated comprehensive strategic plan under this section to--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 105. CO-LOCATION OF POST OFFICES AT RETAIL FACILITIES.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Postmaster General shall submit a plan on the co-location of post offices at retail facilities to--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(b) Contents- The plan under subsection (a) shall--CommentsClose CommentsPermalink





(1) be developed in consultation with the Postal Regulatory Commission;CommentsClose CommentsPermalink





(2) provide for an increase in the co-location of post offices at retail facilities, which could supplement, rather than supplant, the services of independent post offices, and enable the United States Postal Service to offer its products and services at those locations;CommentsClose CommentsPermalink





(3) consider the impact of any co-location decisions on small communities and rural areas before taking actions to co-locate post offices; andCommentsClose CommentsPermalink





(4) ensure that--CommentsClose CommentsPermalink





(A) service shall continue in small communities and rural areas after implementation of the plan;CommentsClose CommentsPermalink





(B) the United States Postal Service solicits community input before making decisions about co-location; andCommentsClose CommentsPermalink





(C) the quality of products and services offered in co-located facilities are consistent with those offered in post offices.CommentsClose CommentsPermalink





(c) Report on Progress- Not later than January 1, 2012, the Postmaster General shall submit a report on the progress of implementing the plan on the co-location of post offices at retail facilities under this section to--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink

SEC. 106. ANNUAL REPORT ON UNITED STATES MAILING INDUSTRY.

(a) In General- Not later than November 1 of the year following the date of enactment of this Act, and each year 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--CommentsClose CommentsPermalink





(1) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink





(b) Assistance- The United States Postal Service and any Federal agency involved in oversight or data collection regarding relevant industry sectors shall provide any assistance to the Postal Regulatory Commission that the Postal Regulatory Commission determines is necessary in the preparation of any report under this section.CommentsClose CommentsPermalink

SEC. 107. NOTICE AND COMMENT FOR SIGNIFICANT CHANGES TO MAILING SPECIFICATIONS.

(a) Rulemaking Required- Not later than 180 days after the date of enactment of this Act, the United States Postal Service shall, after notice and the opportunity for comment, issue rules requiring that, before making a change to mailing specifications that could pose a significant burden to the customers of the United States Postal Service and that is not reviewed by the Postal Regulatory Commission, the United States Postal Service shall--CommentsClose CommentsPermalink





(1) publish the proposed change in the Federal Register not later than 30 days before the effective date of the proposed change;CommentsClose CommentsPermalink





(2) solicit, and respond in writing to, comments on the proposed change; andCommentsClose CommentsPermalink





(3) analyze the financial impact that the proposed change would have on the United States Postal Service and the customers of the United States Postal Service that are affected by the proposed change.CommentsClose CommentsPermalink





(b) Comments on Definitions- In issuing the rules under subsection (a), the United States Postal Service shall--CommentsClose CommentsPermalink





(1) specifically solicit comments on the appropriate definitions of the terms ‘mailing specifications’ and ‘significant burden’; andCommentsClose CommentsPermalink





(2) specifically respond to each comment received under paragraph (1) before issuing final rules.CommentsClose CommentsPermalink

TITLE II--POSTAL CONTRACTING PROVISIONSCommentsClose CommentsPermalink

SEC. 201. CONTRACTING PROVISIONS.

(a) In General- Part I of title 39, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Chapter 7--Contracting Provisions

‘Sec.CommentsClose CommentsPermalink





‘701. Definitions.CommentsClose CommentsPermalink





‘702. Advocate for competition.CommentsClose CommentsPermalink





‘703. Delegation of contracting authority.CommentsClose CommentsPermalink





‘704. Posting of noncompetitive purchase requests for noncompetitive contracts.CommentsClose CommentsPermalink





‘705. Review of ethical issues.CommentsClose CommentsPermalink





‘706. Ethical restrictions on participation in certain contracting activity.CommentsClose CommentsPermalink

‘Sec. 701. Definitions

‘In this chapter--CommentsClose CommentsPermalink





‘(1) the term ‘contracting officer’ means an employee of a covered postal entity who has authority to enter into a postal contract;CommentsClose CommentsPermalink





‘(2) the term ‘covered postal entity’ means--CommentsClose CommentsPermalink





‘(A) the United States Postal Service; orCommentsClose CommentsPermalink





‘(B) the Postal Regulatory Commission;CommentsClose CommentsPermalink





‘(3) the term ‘head of a covered postal entity’ means--CommentsClose CommentsPermalink





‘(A) in the case of the United States Postal Service, the Postmaster General; orCommentsClose CommentsPermalink





‘(B) in the case of the Postal Regulatory Commission, the Chairman of the Postal Regulatory Commission;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(5) the term ‘senior procurement executive’ means the senior procurement executive of a covered postal entity.CommentsClose CommentsPermalink

‘Sec. 702. Advocate for competition

‘(a) Establishment and Designation-CommentsClose CommentsPermalink





‘(1) There is established in each covered postal entity an advocate for competition.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Responsibilities- The advocate for competition of each covered postal entity shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) review the procurement activities of the covered postal entity; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the activities of the advocate under this section;CommentsClose CommentsPermalink





‘(B) initiatives required to promote competition;CommentsClose CommentsPermalink





‘(C) barriers to competition that remain; andCommentsClose CommentsPermalink





‘(D) the number of waivers made by each covered postal entity under section 704(c).CommentsClose CommentsPermalink

‘Sec. 703. Delegation of contracting authority

‘(a) In General-CommentsClose CommentsPermalink





‘(1) POLICY- Not later than 60 days after the date of enactment of the U.S. Postal Service Improvements 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.CommentsClose CommentsPermalink





‘(2) CONTENTS- The policy issued under paragraph (1) shall require that--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(b) Posting of Delegations-CommentsClose CommentsPermalink





‘(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 Web site of the covered postal entity.CommentsClose CommentsPermalink





‘(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 U.S. Postal Service Improvements Act of 2011.CommentsClose CommentsPermalink

‘Sec. 704. Posting of noncompetitive purchase requests for noncompetitive contracts

‘(a) Posting Required-CommentsClose CommentsPermalink





‘(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 Web site of the Postal Regulatory Commission--CommentsClose CommentsPermalink





‘(A) not later than 14 days after the date of the award of the noncompetitive contract; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 Web site of the United States Postal Service--CommentsClose CommentsPermalink





‘(A) not later than 14 days after the date of the award; orCommentsClose CommentsPermalink





‘(B) not later than 30 days after the date of the award, if the basis for the award was a compelling business interest.CommentsClose CommentsPermalink





‘(3) ADJUSTMENTS TO THE POSTING THRESHOLD FOR THE UNITED STATES POSTAL SERVICE-CommentsClose CommentsPermalink





‘(A) REVIEW AND DETERMINATION- Not later than January 31 of each year, the United States Postal Service shall--CommentsClose CommentsPermalink





‘(i) review the $250,000 threshold established under paragraph (2); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 U.S. Postal Service Improvements Act of 2011.CommentsClose CommentsPermalink





‘(b) Public Availability-CommentsClose CommentsPermalink





‘(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 Web site of the covered postal entity.CommentsClose CommentsPermalink





‘(2) PROTECTION OF PROPRIETARY INFORMATION- A covered postal entity shall--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) remove any proprietary data or security-related information before making publicly available a description of the rational supporting a noncompetitive award.CommentsClose CommentsPermalink





‘(c) Waivers-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(2) FORM AND CONTENT OF WAIVER-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) CONTENT- A waiver under paragraph (1) shall include--CommentsClose CommentsPermalink





‘(i) a description of the risk associated with making the noncompetitive purchase request publicly available; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘Sec. 705. Review of ethical issues

‘If a contracting officer identifies any ethical issues relating to a proposed contract and submits those issues and that proposed contract to the designated ethics official for the covered postal entity before the awarding of that contract, that ethics official shall--CommentsClose CommentsPermalink





‘(1) review the proposed contract; andCommentsClose CommentsPermalink





‘(2) advise the contracting officer on the appropriate resolution of ethical issues.CommentsClose CommentsPermalink

‘Sec. 706. Ethical restrictions on participation in certain contracting activity

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘covered employee’ means--CommentsClose CommentsPermalink





‘(A) a contracting officer; orCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) 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; andCommentsClose CommentsPermalink





‘(3) 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.CommentsClose CommentsPermalink





‘(b) In General-CommentsClose CommentsPermalink





‘(1) REGULATIONS- The head of each covered postal entity shall prescribe regulations that--CommentsClose CommentsPermalink





‘(A) require a covered employee to include in the file of any noncompetitive purchase request for a noncompetitive postal contract a written certification that--CommentsClose CommentsPermalink





‘(i) discloses any covered relationship of the covered employee; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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’);CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) authorize a covered employee that makes a disclosure under subparagraph (A)(i) to participate in the noncompetitive postal contract; orCommentsClose CommentsPermalink





‘(ii) disqualify a covered employee that makes a disclosure under subparagraph (A)(i) from participating in the noncompetitive postal contract;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 Web site of the covered postal entity.CommentsClose CommentsPermalink





‘(c) Contract Voidance and Recovery-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) void that contract; andCommentsClose CommentsPermalink





‘(B) recover the amounts expended and property transferred by the covered postal entity under that contract.CommentsClose CommentsPermalink





‘(2) OBTAINING OR DISCLOSING PROCUREMENT INFORMATION-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) void that contract; andCommentsClose CommentsPermalink





‘(ii) recover the amounts expended and property transferred by the covered postal entity under that contract.CommentsClose CommentsPermalink





‘(B) CONVICTION OR ADMINISTRATIVE DETERMINATION- A case described under subparagraph (A) is any case in which--CommentsClose CommentsPermalink





‘(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)); orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

701’.CommentsClose CommentsPermalink

TITLE III--FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEESCommentsClose CommentsPermalink

SEC. 301. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE EMPLOYEES.

(a) Transition to Retirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 81 of title 5, United States Code, is amended by inserting after section 8106 the following:CommentsClose CommentsPermalink

‘Sec. 8106a. Transition to retirement

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘covered employee’ means an employee who--CommentsClose CommentsPermalink





‘(A) is paid compensation under section 8105 or 8106; andCommentsClose CommentsPermalink





‘(B) on or after attaining retirement age is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); andCommentsClose CommentsPermalink





‘(2) the term ‘retirement age’ has the meaning given under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)).CommentsClose CommentsPermalink





‘(b) Notwithstanding any other provision of this chapter, the payment of compensation under section 8105 or 8106 to a covered employee shall terminate on the date that the covered employee--CommentsClose CommentsPermalink





‘(1) attains retirement age and is eligible for an annuity under chapter 83 or 84 (other than a survivor annuity); orCommentsClose CommentsPermalink





‘(2) after attaining retirement age becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity).CommentsClose CommentsPermalink





‘(c) Not later than 1 year before the date that a covered employee attains retirement age or subsequently becomes eligible for an annuity under chapter 83 or 84 (other than a survivor annuity), the Secretary of Labor shall provide notice of this section to--CommentsClose CommentsPermalink





‘(1) the covered employee;CommentsClose CommentsPermalink





‘(2) the employing agency of that covered employee; andCommentsClose CommentsPermalink





‘(3) the Office of Personnel Management.CommentsClose CommentsPermalink





‘(d) The employing agency of a covered employee shall file an application for an annuity with the Office of Personnel Management in accordance with section 8352 or 8471.’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8106 the following:CommentsClose CommentsPermalink





‘Sec. 8106a. Transition to retirement.’.CommentsClose CommentsPermalink





(b) Filing of Applications-CommentsClose CommentsPermalink





(1) CIVIL SERVICE RETIREMENT SYSTEM-CommentsClose CommentsPermalink





(A) IN GENERAL- Chapter 83 of title 5, United States Code, is amended by inserting after section 8351 the following:CommentsClose CommentsPermalink

‘Sec. 8352. Employees transitioning from workers compensation

‘(a) Definition- In this section, the term ‘covered employee’ means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter.CommentsClose CommentsPermalink





‘(b) Applications- Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management.CommentsClose CommentsPermalink





‘(c) Regulations- The Office of Personnel Management shall prescribe regulations to carry out this section.’.CommentsClose CommentsPermalink





(B) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8351 the following:CommentsClose CommentsPermalink





‘Sec. 8352. Employees transitioning from workers compensation.’.CommentsClose CommentsPermalink





(2) FEDERAL EMPLOYEES RETIREMENT SYSTEM-CommentsClose CommentsPermalink





(A) IN GENERAL- Chapter 84 of title 5, United States Code, is amended by inserting after section 8470 the following:CommentsClose CommentsPermalink

‘Sec. 8471. Employees transitioning from workers compensation

‘(a) Definition- In this section, the term ‘covered employee’ means an employee who is a covered employee as defined under section 8106a(a)(1) and is eligible for an annuity under this chapter.CommentsClose CommentsPermalink





‘(b) Applications- Not later than 1 year before the date of the termination of payments of compensation under section 8106a(b) to a covered employee who is eligible for an annuity under this chapter, the employing agency of that covered employee shall file an application for an annuity for that covered employee under this chapter with the Office of Personnel Management.CommentsClose CommentsPermalink





‘(c) Regulations- The Office of Personnel Management shall prescribe regulations to carry out this section.’.CommentsClose CommentsPermalink





(B) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8456 the following:CommentsClose CommentsPermalink





‘Sec. 8471. Employees transitioning from workers compensation.’.CommentsClose CommentsPermalink

SEC. 302. REGULATIONS.

Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, after consultation with the Director of the Office of Personnel Management, shall prescribe regulations to carry out this title.CommentsClose CommentsPermalink

SEC. 303. EFFECTIVE DATE.

(a) In General- Except as provided under subsection (b), this title (including the amendments made by this tile) shall take effect on the date of enactment of this Act.CommentsClose CommentsPermalink





(b) Termination of Compensation- Section 8106a(b) of title 5, United States Code, (as added by section 301 of this Act) shall take effect 1 year after the date regulations are prescribed under section 302.CommentsClose CommentsPermalink