Library / Laws / 113th / s / S. 1486 / Reported in Senate
II
Calendar No. 523
113th CONGRESS
2d Session
S. 1486
[Report No. 113–237]
IN THE SENATE OF THE UNITED STATES
August 1, 2013Mr. Carper (for himself
and Mr. Coburn) introduced the following
bill; which was read twice and referred to the
Committee on Homeland Security and
Governmental Affairs
July 31, 2014Reported by Mr. Carper, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To improve, sustain, and transform the United States
Postal Service.
1.
Short
title
This Act may be cited as
the Postal Reform Act of
2013.
2.
Table of
contents
The table of contents
for this Act is as follows:
Sec. 1. Short
title.Sec. 2. Table of contents.Sec. 3. Definitions.TITLE I—Postal Service workforceSec. 101. Annual Federal Employee Retirement System and Civil
Service Retirement System Assessments.Sec. 102. Postal service authority to negotiate retirement
benefit terms for new employees.Sec. 103. Restructuring of payments for retiree health
benefits.Sec. 104. Postal service health benefits plan.Sec. 105. Medicare coordination efforts for postal service
employees and retirees.Sec. 106. Labor disputes.TITLE II—Postal Service operationsSec. 201. Maintenance of delivery service
standards.Sec. 202. Preserving mail processing capacity.Sec. 203. Preserving community post offices.Sec. 204. Changes to mail delivery schedule.Sec. 205. Delivery point modernization.Sec. 206. Postal services for market-dominant
products.TITLE III—Postal Service revenueSec. 301. Postal rates.Sec. 302. Nonpostal services.Sec. 303. Shipping of wine, beer, and distilled
spirits.TITLE IV—Postal Service governanceSec. 401. Board of Governors of the Postal Service.Sec. 402. Strategic Advisory Commission on Postal Service
Solvency and Innovation.Sec. 403. Long-term solvency plan; annual financial plan and
budget.Sec. 404. Chief Innovation Officer; innovation
strategy.Sec. 405. Area and district office structure.Sec. 406. Inspector General of the Postal Service.TITLE V—Federal Employees’ Compensation ActSec. 501. Short title; references.Sec. 502. Federal workers compensation reforms for
retirement-age employees.Sec. 503. Augmented compensation for dependents.Sec. 504. Schedule compensation payments.Sec. 505. Vocational rehabilitation.Sec. 506. Reporting requirements.Sec. 507. Disability management review; independent medical
examinations.Sec. 508. Waiting period.Sec. 509. Election of benefits.Sec. 510. Sanction for noncooperation with field
nurses.Sec. 511. Subrogation of continuation of pay.Sec. 512. Integrity and compliance.Sec. 513. Amount of compensation.Sec. 514. Terrorism injuries; zones of armed
conflict.Sec. 515. Technical and conforming amendments.Sec. 516. Regulations.Sec. 517. Effective date.TITLE VI—Property management and expedited disposal of real
propertySec. 601. Short title.Sec. 602. Purpose.Sec. 603. Property management and expedited disposal of real
property.Sec. 604. Report of the Comptroller General.Sec. 605. Technical and conforming amendment.
3.
Definitions
In this Act, the following definitions shall
apply:
(1)
Commission
The
term Commission means the Postal Regulatory Commission.
(2)
Postal
service
The term Postal Service means the United
States Postal Service.
I
Postal Service
workforce
101.
Annual Federal
Employee Retirement System and Civil Service Retirement System
Assessments
(a)
Use of
postal-Specific assumptions in normal cost calculation
(1)
In
general
Section 8423(a) of title 5, United States Code, is
amended—
(A) in paragraph
(1)—
(i) in
subparagraph (A)—
(I) in clause (i), by
inserting or (C) after subparagraph (B);
and
(II) in clause (ii),
by striking and;
(ii) in
subparagraph (B)(ii), by striking the period at the end and inserting ;
and; and
(iii) by adding at
the end the following:
(C) the product
of—
(i) the normal-cost
percentage, as determined for employees of the United States Postal
Service
under paragraph (5), multiplied by
(ii) the aggregate
amount of basic pay payable by the United States Postal Service,
for the period
involved, to employees of the United States Postal
Service.
;
and
(B) by adding at the
end the following:
(5)
(A) In determining the
normal-cost percentage for employees of the United States Postal
Service, the
Office shall use—
(i) demographic factors specific to the
employees; and
(ii) economic assumptions regarding
wage and salary growth that reflect the specific past, and likely
future, pay
for the employees.
(B) The United States Postal Service shall
provide any data or projections the Office requires in order to
determine the
normal-cost percentage for employees of the United States Postal
Service
consistent with subparagraph (A).
(C) The Office shall review the
determination of the normal-cost percentage for employees of the
United States
Postal Service and make such adjustments as are necessary—
(i) upon request of the United States
Postal Service, but no more frequently than once each fiscal year;
and
(ii) at any additional times, as the
Office considers
appropriate.
.
(2)
Initial
determination
Not later than 90 days after the date of enactment
of this Act, the Office shall determine the normal-cost percentage for
employees of the United States Postal Service in accordance with the
requirements under section 8423(a)(5) of title 5, United States Code, as
added
by paragraph (1).
(b)
Postal funding
surplus or liability
(1)
Treatment of
postal funding surplus
Section 8423(b) of title 5, United States
Code, is amended—
(A) by redesignating
paragraph (5) as paragraph (6); and
(B) by inserting
after paragraph (4) the following:
(5)
(A) In this paragraph, the
term postal funding surplus means the amount by which the amount
of supplemental liability computed under paragraph (1)(B) is less
than
zero.
(B)
(i) After the date on which
the Office determines or redetermines under paragraph (7)(C) the
amount of
supplemental liability computed under paragraph (1)(B) as of the
close of the
fiscal year ending on September 30, 2013, and if such amount is
less than zero,
the Postmaster General may request that some or all of the amount
of the postal
funding surplus be returned to the Postal Service, and not later
than 10 days
after the request, the Director shall transfer to the United States
Postal
Service from the Fund an amount equal to the portion of the postal
funding
surplus requested for use in accordance with this subparagraph.
(ii) Of the amount transferred under
clause (i), not more than $6,000,000,000 may be used by the United
States
Postal Service for the purposes of repaying any obligation issued
under section
2005(a) of title 39.
(C) If the amount of supplemental
liability computed under paragraph (1)(B) as of the close of any
fiscal year
commencing after September 30, 2013, is less than zero, the Office
shall
establish an amortization schedule, including a series of annual
installments,
to be transferred to the United States Postal Service from the
Fund, commencing
on September 30 of the subsequent fiscal year, which provides for
the
liquidation of the postal funding surplus by September 30,
2054.
.
(2)
Supplemental
liability calculation
(A)
FERS
Section
8423(b) of title 5, United States Code, as amended by paragraph (1) of
this
subsection, is amended—
(i) in
paragraph (6), as so redesignated, in the matter preceding subparagraph
(A), by
striking For the purpose and inserting Subject to
paragraph (7), for the purpose; and
(ii) by
adding at the end the following:
(7)
(A) For the purpose of
carrying out paragraph (1)(B) with respect to the fiscal year
ending September
30, 2013, and each fiscal year thereafter, the Office shall,
consistent with
subsection (a)(5), use—
(i) demographic factors specific to
current and former employees of the United States Postal Service;
and
(ii) economic assumptions regarding
wage and salary growth that reflect the specific past and likely
future pay for
current employees of the United States Postal Service.
(B) The United States Postal Service shall
provide any data or projections the Office requires in order to
carry out
paragraph (1)(B) consistent with subparagraph (A) of this
paragraph.
(C) Not later than June 14, 2014, the
Office shall determine or redetermine whether there is a postal
funding surplus
(as defined in paragraph (5)) or a supplemental liability described
in
paragraph (1)(B) (and the amount thereof) as of the close of the
fiscal year
ending on September 30, 2013, in accordance with the requirements
under
subparagraph (A) of this
paragraph.
.
(B)
CSRS
Section
8348(h) of title 5, United States Code, is amended—
(i) in paragraph (2),
by striking subparagraph (B) and inserting the following:
(B)
(i)
(I) Not later than June 14,
2014, the Office shall redetermine the Postal surplus or
supplemental liability
as of the close of the fiscal year ending on September 30, 2013, in
accordance
with the requirements under paragraph (4).
(II) If the result of the redetermination
under subclause (I) is a surplus, that amount shall remain in the
Fund until
distribution is authorized under subparagraph (C).
(III) If the result of the
redetermination under subclause (I) is a supplemental liability,
the Office
shall establish an amortization schedule, including a series of
annual
installments commencing on September 30, 2015, which provides for
the
liquidation of such liability by September 30, 2054.
(ii)
(I) The Office shall
redetermine the Postal surplus or supplemental liability as of the
close of
each fiscal year beginning after September 30, 2013, in accordance
with the
requirements under paragraph (4).
(II) If the result of the redetermination
under subclause (I) is a surplus, that amount shall remain in the
Fund until
distribution is authorized under subparagraph (C).
(III) On and after June 15, 2015, if the
result of the redetermination under subclause (I) 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,
2054.
;
and
(ii) by adding at the
end the following:
(4)
(A) For the purpose of
carrying out paragraphs (1) and (2), the Office shall, consistent
with section
8423(a)(5), use—
(i) demographic factors specific to
current and former employees of the United States Postal Service;
and
(ii) economic assumptions regarding
wage and salary growth that reflect the specific past and likely
future pay for
current employees of the United States Postal Service.
(B) The United States Postal Service shall
provide any data or projections the Office requires in order to
carry out
paragraphs (1) and (2) consistent with subparagraph (A) of this
paragraph.
.
102.
Postal service
authority to negotiate retirement benefit terms for new employees
(a)
Authority To
negotiate retirement benefit terms
(1)
Collective
bargaining over certain retirement benefits
Section 1005 of title
39, United States Code, is amended by adding at the end the following:
(g)
(1) In this
subsection—
(A) the term collective bargaining
agreement means a collective bargaining agreement between the Postal
Service and a bargaining representative recognized under section
1203 entered
into after the date of enactment of the Postal Reform Act of 2013;
(B) the term new employee
means an individual who becomes an officer or employee of the
Postal Service
after the date of enactment of the Postal
Reform Act of 2013;
(C) the term not covered under the
FERS defined benefit plan, with respect to an officer or employee of the
Postal Service, means that service by the officer or employee of
the Postal
Service as an officer or employee of the Postal Service shall not
be creditable
service for purposes of chapter 84 of title 5.
(2)
(A) A collective bargaining
agreement may provide, notwithstanding chapter 84 of title 5, that
some or all
new employees covered under the collective bargaining agreement
shall be not
covered under the FERS defined benefit plan.
(B) If a new employee is not covered
under the FERS defined benefit plan pursuant to a collective
bargaining
agreement, any subsequent service by the new employee as an officer
or employee
of the Postal Service shall be not covered under the FERS defined
benefit
plan.
(C) Subject to the requirements under
this subsection, a collective bargaining agreement may include one
or more
additional retirement benefit plans for the benefit of some or all
new
employees covered under the collective bargaining agreement.
(3)
(A) A collective bargaining
agreement may establish, with respect to some or all new employees
covered
under the collective bargaining agreement—
(i) without regard to section 8422 of
title 5, and subject to subparagraph (C) of this paragraph and
paragraph
(2)(B), the amounts to be deducted and withheld from the pay of the
new
employees for deposit in the Treasury of the United States to the
credit of the
Civil Service Retirement and Disability Fund;
(ii) without regard to section 8432 of
title 5, whether the Postal Service shall make contributions to the
Thrift
Savings Fund for the benefit of the new employees, and, if the
Postal Service
shall make such contributions, the amounts that the Postal Service
shall
contribute; and
(iii) for any retirement benefit plan
established under the bargaining agreement, the amounts to be
deducted and
withheld from the pay of the new employees under the retirement
benefit plan
for the benefit of the new employees.
(B) Except as provided in paragraph
(2)(B), a collective bargaining agreement may establish the amounts
described
in subparagraph (A)(i) with respect to some or all new employees
who were
covered under a previous collective bargaining agreement.
(C) The Postal Service shall, under
section 8422(c) of title 5, deposit in the Treasury to the credit
of the Civil
Service Retirement and Disability Fund the amount that the Postal
Service would
have deducted and withheld from the basic pay of each officer and
employee of
the Postal Service, except an officer or employee who is not
covered under the
FERS defined benefit plan, without regard to subparagraph (A)(i) or
any
agreement regarding amounts to be deducted and withheld under
subparagraph
(A)(i).
(4) If any new employee is not covered
under the FERS defined benefit plan pursuant to a collective
bargaining
agreement, any member of the Postal Career Executive Service shall
be not
covered under the FERS defined benefit plan on and after the
effective date of
the collective bargaining agreement.
(5) Except as provided in paragraph
(3)(A), nothing in this subsection or in a provision of a
collective bargaining
agreement entered under this subsection shall affect the coverage
of an officer
or employee of the Postal Service under subchapter III of chapter
84 of the
United States Code (relating to the Thrift Savings
Plan).
.
(2)
Applicability
of laws relating to Federal employees
Section 1005 of title 39,
United States Code, is amended—
(A) in subsection
(d)(1), by striking Officers and inserting Except as
provided in subsection (g), officers; and
(B) in subsection
(f), in the second sentence—
(i) by
inserting 84, before 87,; and
(ii) by
striking this subsection. and inserting this subsection
or subsection (g)..
(b)
Special rules
relating to FERS coverage for covered postal employees
(1)
In
general
Subchapter II of chapter 84 of title 5, United States
Code, is amended by adding at the end the following:
8426.
Postal
Service retirement
The
application of sections 8422 and 8423 of this title and subchapters
III and VII
of this chapter with respect to an officer or employee of the
Postal Service
may be modified as provided under section 1005(g) of title
39.
.
(2)
Technical and
conforming amendments
The table of sections for chapter 84 of
title 5, United States Code, is amended by adding at the end the
following:
8426. Postal Service
retirement.
.
103.
Restructuring
of payments for retiree health benefits
(a)
Contributions
Section
8906(g)(2)(A) of title 5, United States Code, is amended by striking
through September 30, 2016, be paid by the United States Postal Service,
and thereafter shall and inserting after the date of enactment
of the Postal Reform Act of
2013.
(b)
Postal service
retiree health benefits fund
Section 8909a of title 5, United
States Code, is amended—
(1) in subsection
(d)—
(A) by striking
paragraph (2) and inserting the following:
(2)
(A) Not later than June 30,
2016, 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.
(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—
(i) 80 percent of the Postal Service
actuarial liability as of September 30 of the most recently ended
fiscal year;
and
(ii) the value of the assets of the Postal
Retiree Health Benefits Fund as of September 30 of the most
recently ended
fiscal
year.
;
(B) in paragraph
(3)—
(i) in
subparagraph (A)—
(I) in clause (iii),
by adding and at the end;
(II) in clause (iv),
by striking the semicolon at the end and inserting a period; and
(III) by striking
clauses (v) through (x); and
(ii) in
subparagraph (B), by striking 2017 and inserting
2016;
(C) by amending
paragraph (4) to read as follows:
(4) Computations
under this subsection shall be based on—
(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); and
(B) any other methods
and assumptions, including a health care cost trend rate, that the
Director of
the Office determines to be
appropriate.
;
and
(D) by adding at the
end the following:
(7) In this
subsection, the term Postal Service actuarial liability means the
difference between—
(A) the net present
value of future payments required under section 8906(g)(2)(A) for
current and
future United States Postal Service annuitants; and
(B) the net present
value as computed under paragraph (1) attributable to the future
service of
United States Postal Service employees.
;
and
(2) by adding at the
end the following:
(e) Subsections (a)
through (d) of this section shall be subject to section 104 of the
Postal Reform Act of
2013.
.
(c)
Cancellation of
certain unpaid obligations of the postal service
Any obligation
of the Postal Service under section 8909a(d)(3)(A) of title 5, United
States
Code, as in effect on the day before the date of enactment of this Act,
that
remains unpaid as of such date of enactment is cancelled.
(d)
Technical and
conforming amendment
The heading of section 8909a of title 5,
United States Code, is amended by striking Benefit and inserting
Benefits.
104.
Postal service
health benefits plan
(a)
Definitions
In
this section—
(1) the term
bargaining representative means a bargaining representative
recognized under section 1203 of title 39, United States Code;
(2) the term
covered employee means an officer or employee of the Postal
Service who is—
(A) represented by a
bargaining representative; or
(B) a member of the
Postal Career Executive Service;
(3) the term
Federal Employee Health Benefits Program means the health benefits
program under chapter 89 of title 5, United States Code;
(4) the term
participant means—
(A) a covered
employee who is—
(i) represented by a
bargaining representative that enters into an agreement to establish a
Postal
Service Health Benefits Plan; or
(ii) if
any bargaining representative enters into an agreement to establish a
Postal
Service Health Benefits Plan, a member of the Postal Career Executive
Service;
and
(B) an officer or
employee of the Postal Service who—
(i) is
not a covered employee; and
(ii) elects to
participate in the Postal Service Health Benefits Plan; and
(5) the term
Postal Service Health Benefits Plan means the health benefits plan
that may be agreed to under subsection (b)(1).
(b)
Collective
bargaining
(1)
In
general
Consistent with section 1005(f) of title 39, United
States Code, the Postal Service may negotiate individually or jointly with
bargaining representatives and enter into a collective bargaining
agreement or
agreements with 1 or more of those bargaining representatives to establish
a
single Postal Service Health Benefits Plan that—
(A) satisfies the
conditions under subsection (c); and
(B) may be a health
benefits plan offered under chapter 89 of title 5, United States Code.
(2)
Consultation
with OPM
The Postal Service and bargaining representatives shall
conduct negotiations under paragraph (1) in consultation with the Director
of
the Office of Personnel Management.
(3)
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 section 1004 of title 39, United States Code, concerning
the
views of the personnel represented by each of those organizations.
(4)
Disputes
If
the Postal Service or a bargaining representative offers a proposed
agreement
for negotiation under paragraph (1) and the parties do not reach agreement
within 180 days after the commencement of collective bargaining on the
proposal, the procedures under section 1207(d) of title 39, United States
Code,
shall apply upon the election of any party to the negotiations.
(5)
Time
limitation
The authority under this subsection shall extend until
the date that is 2 years after the date of enactment of this Act.
(c)
Postal service
health benefits plan
The Postal Service Health Benefits
Plan—
(1) shall—
(A) be available for
participation by—
(i) all
covered employees represented by a bargaining representative entering an
agreement described in subsection (b)(1); and
(ii) all covered
employees who are members of the Postal Career Executive Service;
(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;
(C) provide coverage
that is actuarially equivalent to the coverage offered under the types of
plans
available under the Federal Employee Health Benefits Program, as
determined by
the Director of the Office of Personnel Management;
(D) be administered
in a manner determined in an agreement or agreements reached under
subsection
(b);
(E) unless the Postal
Service Health Benefits Plan is a health benefits plan offered under
chapter 89
of title 5, United States Code, provide for transition of coverage under
the
Federal Employee Health Benefits Program of all participants in the Postal
Service Health Benefits Plan to coverage under the Postal Service Health
Benefits Plan; and
(F) if the Postal
Service Health Benefits Plan is a health benefits plan offered under
chapter 89
of title 5, United States Code, and except as provided in section 8903c of
title 5, United States Code, as added by section 105 of this Act, provide
that
the Postal Service Health Benefits Plan is the only health benefits plan
under
the Federal Employee Health Benefits Program in which a participant in the
Postal Service Health Benefits Plan may participate as an employee;
(2) may provide
dental benefits; and
(3) may provide
vision benefits.
(d)
Agreement and
implementation
If an agreement or agreements are reached under
subsection (b) to provide a Postal Service Health Benefits Plan—
(1) the Postal
Service shall implement the Postal Service Health Benefits Plan;
(2) the Postal
Service Health Benefits Plan shall constitute an agreement between the
collective bargaining representatives and the Postal Service for purposes
of
section 1005(f) of title 39, United States Code; and
(3) unless the Postal
Service Health Benefits Plan is a health benefits plan offered under
chapter 89
of title 5, United States Code, participants in the Postal Service Health
Benefits Plan may not participate as employees in the Federal Employees
Health
Benefits Program.
(e)
Governmental
plan
The Postal Service Health Benefits Plan shall be a
governmental plan as that term is defined under section 3(32) of Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)).
(f)
Report
Not
later than 6 months after the earlier of the date on which any agreement
is
reached under subsection (b) and June 30, 2016, the Postal Service shall
submit
a report to the Committee on Homeland Security and Governmental Affairs of
the
Senate and the Committee on Oversight and Government Reform of the House
of
Representatives that—
(1) reports on the
implementation of this section; and
(2) requests any
additional statutory authority that the Postal Service determines is
necessary
to carry out the purposes of this section.
105.
Medicare
coordination efforts for postal service employees and retirees
(a)
Additional
enrollment options under federal employees health benefits
plans
Chapter 89 of title 5, United States Code, is amended by
inserting after section 8903b the following:
8903c.
Coordination
with Medicare for Postal Service employees and annuitants
(a)
Definitions
In
this section—
(1) the term
contract year means a calendar year in which health benefits plans
are administered under this chapter;
(2) the term
Medicare part A means the Medicare program for hospital insurance
benefits under part A of title XVIII of the Social Security Act (42
U.S.C.
1395c et seq.);
(3) the term
Medicare part B means the Medicare program for supplementary
medical insurance benefits under part B of title XVIII of the
Social Security
Act (42 U.S.C. 1395j et seq.); and
(4) the term
Postal Service employee or annuitant means an individual who
is—
(A) an employee of
the Postal Service covered under this chapter; or
(B) an annuitant
covered under this chapter whose Government contribution is paid by
the Postal
Service or the Postal Service Retiree Health Benefits Fund under
section
8906(g)(2).
(b)
Enrollment
options
(1)
Establishment
(A)
In
general
For contract years beginning on or after January 1, 2015,
the Office shall establish enrollment options for health benefits
plans that
are open only to Postal Service employees and annuitants, and
family members of
a Postal Service employee or annuitant, who are enrolled in
Medicare part A and
Medicare part B.
(B)
Additional
plans
The enrollment options established under this subsection
shall be in addition to any other health benefit plan or enrollment
option
otherwise available to Postal Service employees or annuitants under
this
chapter and shall not affect the eligibility of a Postal Service
employee or
annuitant for any another health benefit plan or enrollment option
under this
chapter.
(2)
Enrollment
eligibility
(A)
In
general
Any Postal Service employee or annuitant, or family
member of a Postal Service employee or annuitant, who is enrolled
in Medicare
part A and Medicare part B may enroll in 1 of the enrollment
options
established under paragraph (1).
(B)
Determination
of eligibility
Eligibility to enroll in an enrollment option
established under paragraph (1) shall be determined without regard
to the
requirements under section 8905(b).
(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 for each plan available under
section 8905, in
combination with the value of coverage under Medicare part A and
Medicare part
B.
(4)
Enrollment
options
(A)
In
general
The enrollment options established under paragraph (1)
shall include—
(i) an individual
option, for Postal Service employees or annuitants enrolled in
Medicare part A
and Medicare part B;
(ii) a self and
family option, for Postal Service employees or annuitants and
family members
who are each enrolled in Medicare part A and Medicare part B; and
(iii) a self and
family option, for Postal Service employees or annuitants—
(I) who are enrolled
in Medicare part A and Medicare part B; and
(II) the family
members of whom are not enrolled in Medicare part A or Medicare
part B.
(B)
Specific
sub-options
The Office may establish more specific enrollment
options within the types of options described under subparagraph
(A).
(5)
Reduced
premiums to account for medicare coordination
In determining the
premiums for the enrollment options under paragraph (4), the Office
shall—
(A) establish a
separate risk pool for individuals eligible for coverage under any
of those
options; and
(B) ensure
that—
(i) the premiums are
reduced from the premiums otherwise established under this chapter
to directly
reflect the full cost savings to the health benefits plans due to
the complete
coordination of benefits with Medicare part A and Medicare part B
for Postal
Service employees or annuitants, or family members of Postal
Service employees
or annuitants, who are enrolled in Medicare part A and Medicare
part B;
and
(ii) the cost savings
described under clause (i) result solely in the reduction of—
(I) the premiums paid
by the Postal Service employee or annuitant; and
(II) the Government
contributions paid by the Postal Service or other employer.
(c)
Postal service
consultation
The Office shall establish the enrollment options
and premiums under this section in consultation with the Postal
Service.
.
(b)
Technical and
conforming amendments
The table of sections for chapter 89 of
title 5, United States Code, is amended by inserting after the item
relating to
section 8903b the following:
8903c. Coordination with
Medicare for Postal Service employees and
annuitants.
.
(c)
Effective
date
The amendments made by subsection (a) shall apply with
respect to contract years beginning on or after January 1, 2015.
(d)
Special
enrollment period for postal service employees and annuitants
(1)
Special
enrollment period
Section 1837 of the Social Security Act (42
U.S.C. 1395p) is amended by adding at the end the following new
subsection:
(m)
(1) In the case of any
individual who, as of the date of enactment of the
Postal Reform Act of 2013, is a
Postal Service employee or annuitant (as defined in section
8903c(a) of title
5, United States Code) at the time the individual is entitled to
part A under
section 226 or section 226A and who is eligible to enroll but who
has elected
not to enroll (or to be deemed enrolled) during the individual’s
initial
enrollment period, there shall be a special enrollment period
described in
paragraph (2).
(2) The special enrollment period
described in this paragraph, with respect to an individual, is the
1-year
period beginning on July 1, 2014.
(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.
.
(2)
Waiver of
increase of premium
Section 1839(b) of the Social Security Act
(42 U.S.C. 1395r(b)) is amended by striking (i)(4) or (l) and
inserting (i)(4), (l), or (m).
106.
Labor
disputes
Section 1207(c) of
title 39, United States Code, is amended—
(1) in paragraph
(2)—
(A) by inserting
(A) after (2);
(B) 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
(C) by adding at the
end the following:
(B) In rendering a
decision under this paragraph, the arbitration board shall consider
such
relevant factors as the financial condition of the Postal
Service.
;
and
(2) by adding at the
end the following:
(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).
.
II
Postal Service
operations
201.
Maintenance of
delivery service standards
During the 2-year period beginning on the
date of enactment of this Act, the Postal Service shall maintain the
service
standards for first-class mail and periodicals under part 121 of title 39,
Code
of Federal Regulations, as in effect on the date of enactment of this
Act.
202.
Preserving
mail processing capacity
(a)
Definition of
postal facility
In this section, the term postal
facility means a processing and distribution center, processing and
distribution facility, network distribution center, or other facility that
is
operated by the Postal Service, the primary function of which is to sort
and
process mail.
(b)
Moratorium on
closures of postal facilities
During the 2-year period beginning
on the date of enactment of this Act, the Postal Service may not close or
consolidate any postal facility that is open as of the date of enactment
of
this Act.
203.
Preserving
community post offices
Section
404(d) of title 39, United States Code, is amended—
(1) by redesignating
paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(2) by striking
paragraphs (1) through (4) and inserting the following:
(d)
(1) In this subsection, the
term post office means a post office, post office branch, post
office classified station, or other facility that is operated by
the Postal
Service, the primary function of which is to provide retail postal
services.
(2) The Postal Service, prior to making a
determination under subsection (a)(3) of this section as to the
necessity for
the discontinuance of any post office, shall, to the extent
practicable and
appropriate—
(A) consider whether—
(i) to discontinue the post office and
another post office located within a reasonable distance;
(ii) instead of discontinuing 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—
(I) through a letter carrier; or
(II) by co-locating postal services at a
commercial or government entity;
(B) provide postal customers served by the
post office an opportunity to present their views, which may be by
nonbinding
survey conducted by mail; and
(C) if the Postal Service determines to
discontinue the post office, provide adequate public notice of its
intention to
discontinue such post office at least 60 days prior to the proposed
date of
such discontinuance to persons served by such post office.
(3) The Postal Service, in making a
determination whether or not to discontinue a post office—
(A) shall consider, to the extent
practicable and appropriate—
(i) the effect of the discontinuance on
the community served by such post office;
(ii) the effect of the discontinuance
on businesses, including small businesses, in the area;
(iii) the effect of such discontinuance
on employees of the Postal Service employed at such office;
(iv) whether such discontinuance is
consistent with 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;
(v) the extent to which the community
served by the post office lacks access to Internet phone service;
(vi) the extent to which postal
customers served by the post office would continue after the
discontinuance to
receive substantially similar access to essential items and
time-sensitive
communications;
(vii) the proximity and accessibility
of other post offices;
(viii) whether substantial economic
savings to the Postal Service would result from such
discontinuance; and
(ix) such other factors as the Postal
Service determines are necessary; and
(B) may not consider compliance with any
provision of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et
seq.).
(4) Any determination of the Postal
Service to discontinue a post office shall be in writing and shall
include the
findings of the Postal Service, to the extent practicable and
appropriate, with
respect to the considerations required to be made under paragraph
(3) of this
subsection. Such determination and findings shall be made available
to persons
served by such post office by public notice.
(5)
(A) The Postal Service
shall take no action to discontinue a post office until 60 days
after its
written determination is made available to persons served by such
post
office.
(B) The Postal Service shall take no
action to discontinue a post office until 60 days after the Postal
Service
provides written notice of the determination under paragraph (4) to
the State
board of elections for the State in which the post office is
located.
;
(3) in paragraph (6),
as redesignated by this section—
(A) by striking
close or consolidate and inserting discontinue;
and
(B) by striking
paragraph (3) and inserting paragraph (4);
and
(4) in paragraph (7),
as redesignated by this section, by striking paragraph (5) and
inserting paragraph (6).
204.
Changes to
mail delivery schedule
(a)
Limitation on
change in schedule
The Postal Service may 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,
if—
(1) the Postal
Service determines that such a delivery schedule would contribute to the
achievement of long-term solvency; and
(2) not less than 1
year has elapsed since the date of enactment of this Act.
(b)
Implementation
(1)
In
general
If the Postal Service intends to establish a change in
delivery schedule under subsection (a), the Postal Service, to the extent
practicable and appropriate, shall—
(A) identify
customers and communities for which the change may have a
disproportionate,
negative impact, including small business customers and the customers
identified as particularly affected in the Advisory Opinion on
Elimination of Saturday Delivery issued by the Commission on March 24,
2011;
(B) develop measures
to ameliorate any disproportionately negative impact the change would have
on
customers and communities identified under paragraph (1); and
(C) not later than 3
months before the effective date for any proposed change, submit a report
that
includes the determination required under subsection (a)(1) and details
any
measures developed pursuant to subparagraph (B) of this paragraph to—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
(ii) the Committee on
Oversight and Government Reform of the House of Representatives; and
(iii) the
Commission.
(2)
Rule of
construction
Nothing in this subsection shall be construed to
affect the authority of the Postal Service to establish a nationwide
delivery
schedule of 5 or fewer days per week if the conditions in subsection (a)
are
satisfied.
(c)
GAO
report
Not later than 270 days after the date of enactment of
this Act, the Comptroller General of the United States shall submit 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 evaluating the extent to which a change in delivery schedule would
improve the financial condition of the Postal Service and assist in the
efforts
of the Postal Service to achieve long-term solvency, taking into
consideration
other ongoing and planned efforts to increase revenue and reduce costs,
consistent with the requirements of this Act.
(d)
Rules of
construction
Nothing in this section shall be construed
to—
(1) require the
decrease or increase in delivery frequency for any route for which the
Postal
Service provided delivery on fewer than 6 days per week as of the date of
enactment of this Act;
(2) authorize any
change in—
(A) the days and
times that postal retail service or any mail acceptance is available at
postal
retail facilities or processing facilities; or
(B) the locations at
which postal retail service or mail acceptance occurs at postal retail
facilities or processing facilities;
(3) require any
change in the frequency of delivery to a post office box;
(4) 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; or
(5) prohibit the
Postal Service from exercising its authority to make changes to processing
or
retail networks.
(e)
Packages
Notwithstanding
any other provision of this section, for a period of not less than 2
years,
beginning on the date of enactment of this Act, the Postal Service shall
provide package service—
(1) 6 days per week
to each street address that was eligible to receive package service 6 days
per
week as of January 1, 2013; and
(2) 7 days per week
to each street address for which the Postal Service determines that such
service provides an economic benefit to the Postal Service.
(f)
Mailbox
access
If the Postal Service establishes a general, nationwide
delivery schedule of 5 or fewer days per week consistent with the
provisions of
this section, the Postal Service shall amend the Mailing Standards of the
United States, Domestic Mail Manual to ensure that the provisions of
section
508.3.2.10 of such manual, as in effect on January 1, 2013, shall apply on
any
day on which the Postal Service does not deliver the mail under the
established
delivery schedule.
205.
Delivery point
modernization
(a)
In
general
Subchapter VII of chapter 36 of title 39, United States
Code, is amended by adding at the end the following:
3692.
Delivery
point modernization
(a)
Definitions
In
this section, the following definitions shall apply:
(1)
Centralized
delivery
The term centralized delivery means a
primary mode of mail delivery whereby mail is delivered to a group
or cluster
of mail receptacles at a single location.
(2)
Curbside
delivery
The term curbside delivery means a primary
mode of mail delivery whereby mail is delivered to a mail
receptacle that is
situated at the edge of a public sidewalk abutting a road or curb,
at a road,
or at a curb.
(3)
Delivery
point
The term delivery point means a mailbox or
other receptacle to which mail is delivered.
(4)
District
office
The term district office means the central
office of an administrative field unit with responsibility for
postal
operations in a designated geographic area (as defined under
regulations,
directives, or other guidance of the Postal Service).
(5)
Door
delivery
The term door delivery—
(A) means a primary
mode of mail delivery whereby mail is—
(i) delivered to a
mail receptacle at or near a postal customer’s door; or
(ii) hand-delivered
to a postal customer; and
(B) does not include
curbside or centralized delivery.
(6)
Primary mode of
mail delivery
The term primary mode of mail delivery
means the typical method by which the Postal Service delivers mail
to the
delivery point of a postal customer.
(b)
Policy
Except
as otherwise provided in this section, including paragraphs (4) and
(5) of
subsection (c), it shall be the policy of the Postal Service to use
the primary
mode of mail delivery that is most cost-effective and is in the
best long-term
interest of the Postal Service.
(c)
Conversion to
other delivery modes
(1)
New
addresses
Except as provided in paragraphs (4) and (5), the
Postal Service shall provide centralized delivery to new addresses
established
after the date of enactment of the Postal
Reform Act of 2013, or if centralized delivery is not practicable
shall provide curbside delivery.
(2)
Business
address conversion
The Postal Service shall carry out a program
to convert business addresses with door delivery on the date of
enactment of
the Postal Reform Act of 2013
to centralized delivery or to curbside delivery.
(3)
Residential
address conversion
(A)
Identification
Not
later than 9 months after the date of enactment of the
Postal Reform Act of 2013, the
head of each district office of the Postal Service shall identify
residential
addresses within the district office’s service area that are
appropriate
candidates for conversion from door delivery to another primary
mode of
delivery, in accordance with standards established by the Postal
Service.
(B)
Voluntary
conversion
Not later than 1 year after the date of enactment of
the Postal Reform Act of 2013,
and consistent with subsection (b) and paragraph (4), the Postal
Service shall
begin implementation of a program to convert, on a voluntary basis,
the
addresses identified under subparagraph (A) from door delivery to a
more
cost-effective primary mode of delivery.
(C)
Procedures
In
pursuing conversion under subparagraph (B), the Postal Service
shall establish
procedures to—
(i) solicit and
consider input from postal customers, State and local governments,
local
associations, and property owners; and
(ii) place
centralized delivery points in locations that maximize delivery
efficiency,
ease of use for postal customers, and respect for private property
rights.
(4)
Exceptions
In
establishing a primary mode of mail delivery for new addresses
under paragraph
(1) or converting the primary mode of mail delivery for an address
under
paragraph (2) or (3), the Postal Service may provide door delivery
if—
(A) a physical
barrier precludes the efficient provision of centralized delivery
or curbside
delivery;
(B) the address is
located in a registered historic district, as that term is defined
in section
47(c)(3)(B) of the Internal Revenue Code of 1986; or
(C) the Postal
Service determines that the provision of centralized delivery or
curbside
delivery would be impractical, would not be cost-effective, or
would not be in
the best long-term interest of the Postal Service.
(5)
Waiver for
physical hardship
The Postal Service shall establish and maintain
a waiver program under which, upon the application of a postal
customer, door
delivery may be continued or provided to a delivery point if—
(A) centralized
delivery or curbside delivery would, but for this paragraph, be the
primary
mode of mail delivery for the delivery point; and
(B) a physical
hardship prevents the postal customer from receiving his or her
mail through
any other form of mail
delivery.
.
(b)
Clerical
amendment
The table of sections for subchapter VII of chapter 36
of title 39, United States Code, is amended by adding at the end the
following:
3692. Delivery point
modernization.
.
206.
Postal
services for market-dominant products
(a)
In
general
Strike section 3661
of title 39, United States Code, and insert the following:
3661.
Postal
services for market-dominant products
(a)
General
obligation
The Postal Service shall develop and promote adequate
and efficient postal services with respect to its market-dominant
products.
(b)
Change in
service
The Board of Governors of the Postal Service is
authorized to determine whether there should be a change in the
nature of
postal service provided for market-dominant products that will
generally affect
such service on a nationwide or substantially nationwide basis. The
authority
under this subsection may not be delegated to the Postmaster
General or to any
other individual or entity.
(c)
Notice,
comment, and review
(1)
Notice
(A)
In
general
Not later than 60 days before the date on which any
change in service under subsection (b) is implemented, the Board of
Governors
shall provide public notice of the proposed change in service
implementation of
the proposed change, including any adjustment in classes or rates
proposed to
be made under this section.
(B)
Publication
The
notice required by subparagraph (A) shall be—
(i) published in the
Federal Register and on the website of the Postal Service; and
(ii) provided to the
Postal Regulatory Commission.
(C)
Contents
The
notice required by subparagraph (A) shall describe the proposed
change in
service, and address the consistency of the change with the
policies of this
title, including its effect on the provision of universal postal
service.
(2)
Public
comment
The Board of Governors shall solicit and receive public
comments on any proposed change in service under subsection (b).
The Board
shall give interested persons an opportunity to comment on the
proposed change
in service through the submission of written data, views, or
arguments, with or
without opportunity for oral presentation, and shall take any
relevant matter
presented into consideration in making its final determination
regarding the
proposed change in service.
(3)
Final
decision
Not later than 30 days before the date on which a change
in service under subsection (b) takes effect, the Board of
Governors shall
issue a final decision on the change in service which shall—
(A) be published in
the Federal Register and on the website of the Postal Service; and
(B) include an
explanation responding to all relevant comments received.
(4)
Commission
review
Any change in service made by the Board of Governors under
this section shall be subject to review by the Commission under
section
3662.
(d)
Limitation
Nothing
in this section shall be construed as authorizing the making of
changes under
this section to the nature of service provided for competitive
products. For a
change that affects the nature of service provided for both
market-dominant
products and competitive products, only the effect on
market-dominant products
shall be subject to this
section.
.
(b)
Technical and
conforming amendment
The table of sections for chapter 36 of
title 39, United States Code, is amended by striking the item relating to
section 3661 and inserting the following:
3661. Postal services for market-dominant
products.
.
III
Postal Service
revenue
301.
Postal
rates
(a)
Modern rate
system
(1)
In
general
Chapter 36 of title 39, United States Code, is amended by
striking section 3622 and inserting the following:
3622.
Modern rate
system
(a)
Authority
generally
The Board of Governors of the Postal Service shall
establish, and may from time to time thereafter revise, a system of
classes and
rates for market-dominant products, consistent with the
requirements of this
section. The authority under this section may not be delegated to
the
Postmaster General or to any other individual or body.
(b)
Objectives
Such
system shall be designed to achieve the following objectives, each
of which
shall be applied in conjunction with the others:
(1) To maximize
incentives for the Postal Service to reduce costs and increase
efficiency.
(2) To create
predictability and stability in rates through the establishment of
a schedule
whereby rates change at regular intervals by predictable amounts.
(3) To maintain high
quality service standards established under section 3691.
(4) To assure
adequate revenues, including retained earnings, to maintain
financial
stability.
(5) To establish and
maintain a just and reasonable schedule for rates and
classifications, however
the objective under this paragraph shall not be construed to
prohibit the Board
of Governors from making changes of unequal magnitude within,
between, or among
classes of mail.
(6) To enhance mail
security and deter terrorism.
(7) To allocate the
total institutional costs of the Postal Service appropriately
between
market-dominant and competitive products, in accordance with
regulations
established by the Postal Regulatory Commission under section 3633.
(c)
Factors
In
establishing or revising such system, the Board of Governors shall
take into
account—
(1) the value of the
mail service actually provided each class or type of mail service
to both the
sender and the recipient, including but not limited to the
collection, mode of
transportation, and priority of delivery;
(2) the direct and
indirect postal costs attributable to each class or type of mail
service
through reliably identified causal relationships and that portion
of all other
costs of the Postal Service reasonably assignable to such class or
type;
(3) the effect of
rate increases upon the general public, business mail users, and
enterprises in
the private sector of the economy engaged in the delivery of mail
matter other
than letters;
(4) the available
alternative means of sending and receiving letters and other mail
matter at
reasonable costs;
(5) the simplicity of
structure for the entire schedule and simple, identifiable
relationships
between the rates or fees charged the various classes of mail for
postal
services;
(6) the relative
value to the people of the kinds of mail matter entered into the
postal system
and the desirability and justification for special classifications
and services
of mail;
(7) the importance of
providing classifications with extremely high degrees of
reliability and speed
of delivery and of providing those that do not require high degrees
of
reliability and speed of delivery;
(8) the desirability
of special classifications for both postal users and the Postal
Service in
accordance with the policies of this title;
(9) the educational,
cultural, scientific, and informational value to the recipient of
mail
matter;
(10) the need for the
Postal Service to increase its efficiency and reduce its costs,
including
infrastructure costs, to help maintain high quality, affordable
postal
services;
(11) the value to the
Postal Service and postal users of promoting intelligent mail and
of secure,
sender-identified mail; and
(12) the policies of
this title as well as such other factors as the Board of Governors
determines
appropriate.
(d)
Notice,
comment, and review
(1)
Notice
The
Board of Governors shall provide notice of any adjustment in
classes or rates
proposed to be made under this section—
(A) not less
than—
(i) 90 days before
implementation of any class or rate adjustment that affects all or
substantially all market-dominant products; and
(ii) 45 days before
implementation of any other class or rate adjustment; and
(B) to—
(i) the public,
including by—
(I) publication in
the Federal Register; and
(II) posting on
Postal Service’s website; and
(ii) the Postal
Regulatory Commission.
(2)
Public
comment
The Board of Governors shall solicit and receive public
comments on any proposed rate or class adjustment, and shall take
such comments
into account in making its final determination as to a rate or
class
adjustment.
(3)
Final
decision
Not later than 10 days before a rate or class adjustment
takes effect, the Board of Governors shall issue a final decision
on the
adjustment which shall—
(A) be published in
the Federal Register and on the Postal Service’s website; and
(B) include an
explanation responding to all relevant comments received.
(4)
Commission
review
Any adjustment made by the Board of Governors under this
section shall be subject to review by the Commission under section
3662.
(e)
Limitations on
rate adjustments
(1)
Annual
limitation
The Board of Governors may not increase rates under
this section for market-dominant products as a whole by an annual
percentage
that exceeds the percentage change in the Consumer Price Index for
All Urban
Consumers unadjusted for seasonal variation over the most recent
available
12-month period preceding the date the Board of Governors provides
notice of
its intention to increase rates.
(2)
Conditions
(A)
Rounding of
rates and fees
Nothing in this subsection shall preclude the
Board of Governors from rounding rates and fees to the nearest
whole integer,
if the effect of such rounding does not cause the overall rate
increase for any
class to exceed the Consumer Price Index for All Urban Consumers.
(B)
Use of unused
rate authority
(i)
Definition
In
this subparagraph, the term unused rate adjustment authority means
the difference between—
(I) the maximum
amount of a rate adjustment that the Board of Governors is
authorized to make
in any year subject to the annual limitation under paragraph (1);
and
(II) the amount of
the rate adjustment the Board of Governors actually makes in that
year.
(ii)
Authority
Subject
to clause (iii), the Postal Service may use any unused rate
adjustment
authority for any of the 5 years following the year such authority
occurred.
(iii)
Limitations
In
exercising the authority under clause (ii) in any year, the Postal
Service—
(I) may use unused
rate adjustment authority from more than 1 year;
(II) may use any part
of the unused rate adjustment authority from any year;
(III) shall use the
unused rate adjustment authority from the earliest year such
authority first
occurred and then each following year; and
(IV) may not exceed
the annual limitation under paragraph (1) by more than 2 percentage
points.
(3)
Exigent
circumstances
Notwithstanding any limitation under subsection
(d)(1) and paragraph (1) of this subsection, and provided there is
not
sufficient unused rate authority under paragraph (2)(B), the Board
of Governors
may adjust rates on an expedited basis due to either extraordinary
or
exceptional circumstances, provided that the Board of Governors
unanimously
determines, after notice and opportunity for public comment, that
such
adjustment is reasonable and equitable and necessary to enable the
Postal
Service, under best practices of honest, efficient, and economical
management,
to maintain and continue the development of postal services of the
kind and
quality adapted to the needs of the United States.
(4)
Expiration of
rate cap
Any system of rates and classes established or revised
by the Board of Governors under subsection (a) after December 20,
2016, shall
not be subject to the limitation in paragraph (1) of this
subsection.
(f)
Workshare
discounts
(1)
Definition
In
this subsection, the term workshare discount refers to rate
discounts provided to mailers for the presorting, prebarcoding,
handling, or
transportation of mail, as further defined by the Board of
Governors under
subsection (a).
(2)
Scope
The
Board of Governors shall ensure that such discounts do not exceed
the cost that
the Postal Service avoids as a result of workshare activity,
unless—
(A) the discount
is—
(i) associated with a
new postal service, a change to an existing postal service, or with
a new work
share initiative related to an existing postal service; and
(ii) necessary to
induce mailer behavior that furthers the economically efficient
operation of
the Postal Service and the portion of the discount in excess of the
cost that
the Postal Service avoids as a result of the workshare activity
will be phased
out over a limited period of time;
(B) the amount of the
discount above costs avoided—
(i) is necessary to
mitigate rate shock; and
(ii) will be phased
out over time;
(C) the discount is
provided in connection with a category of mail consisting
exclusively of mail
matter of educational, cultural, scientific, or informational
value; or
(D) reduction or
elimination of the discount would—
(i) impede the
efficient operation of the Postal Service;
(ii) lead to a loss
of volume in the affected category of mail and reduce the aggregate
contribution to the institutional costs of the Postal Service from
the category
subject to the discount below what it otherwise would have been if
the discount
had not been reduced or eliminated; or
(iii) result in a
further increase in the rates paid by mailers not able to take
advantage of the
discount.
(3)
Notice
Whenever
a workshare discount is established, the Board of Governors shall
ensure that
the notice provided under subsection (d)(1) includes—
(A) the reasons for
establishing the discount;
(B) the data,
economic analyses, and other information relied on by the Board of
Governors to
justify the rate; and
(C) a certification
that the discount will not adversely affect rates or services
provided to users
of postal services who do not take advantage of the discount rate.
(g)
Negotiated
service agreements
The Board of Governors shall ensure that any
agreement between the Postal Service and a mailer that adjusts
rates or classes
in a manner that is specific to the mailer—
(1) is available on
public and reasonable terms to similarly situated mailers;
(2) either—
(A) improves the net
financial position of the Postal Service through reducing Postal
Service costs
or increasing the overall contribution to the institutional costs
of the Postal
Service; or
(B) enhances the
performance of mail preparation, processing, transportation, or
other
functions; and
(3) does not cause
unreasonable harm to the marketplace.
(h)
Consideration
of prior Commission decisions
In making any determination under
this section, including the construction and interpretation of the
terms used
in this section, the Board of Governors shall give consideration to
decisions
of the Commission made prior to the date of enactment of the Postal
Reform Act
of 2013, and shall include an explanation of any deviation from
such decisions
in the notice required under subsection
(d)(1).
.
(2)
Technical and
conforming amendment
The table of sections for chapter 36 of
title 39, United States Code, is amended by striking the item relating to
section 3622 and inserting the following:
3622. Postal services for market-dominant
products.
.
(b)
Repeal of rate
preferences for qualified political committees
(1)
In
general
Section 3626 of title 39, United States Code, is
amended—
(A) by striking
subsection (e);
(B) by redesignating
subsections (f), (g), and (h) as subsections (e), (f), and (g),
respectively;
(C) by redesignating
subsections (j) through (n) as subsections (h) through (l), respectively;
and
(D) in subsection
(h), as redesignated by paragraph (3)—
(i) in
paragraph (1)(D), by striking subsection (m)(2) and inserting
subsection (k)(2); and
(ii) in
paragraph (3)(B), by striking subsection (m) and inserting
subsection (k).
(2)
Technical and
conforming amendment
Section 3629 of title 39, United States
Code, is amended—
(A) by striking
is available and inserting was available;
and
(B) by striking
section 3626 and inserting section 3626, as in effect on
the day before the date of enactment of the Postal Reform Act of
2013,.
302.
Nonpostal
services
(a)
Authorization
of new nonpostal services
(1)
In
general
Section 404 of title 39, United States Code, is
amended—
(A) in subsection
(a)—
(i) by
redesignating paragraphs (6) through (8) as paragraphs (7) through (9),
respectively; and
(ii) by
inserting after paragraph (5) the following:
(6) on and after the
date of enactment of the Postal Reform Act of
2013, and except as provided in subsection (e)—
(A) to provide other
services that are not postal services, if the provision of such
services—
(i) uses the
processing, transportation, delivery, retail network, or technology
of the
Postal Service;
(ii) is consistent
with the public interest and a demonstrated or potential public
demand
for—
(I) the Postal
Service, rather than another entity, to provide the services; or
(II) the Postal
Service, in addition to or in partnership with another entity, to
provide the
services;
(iii) would not
create unfair competition with the private sector, 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
generally apply
to persons providing the services;
(iv) does not
unreasonably interfere with or detract from the value of postal
services,
including—
(I) the cost and
efficiency of postal services; and
(II) access to postal
retail service;
(v) will be
undertaken in accordance with all Federal laws generally applicable
to the
provision of such services; and
(vi) has the
potential to improve the net financial position of the Postal
Service, based on
a market analysis provided to the Postal Regulatory Commission by
the Postal
Service; and
(B) to classify a
service provided under subparagraph (A) as an experimental product
subject to
section
3641;
;
(B) in subsection
(e)(1), by inserting and that was offered by the Postal Service on the
date of enactment of the Postal Reform Act of
2013 after 102(5); and
(C) by adding at the
end the following:
(g) For purposes of
chapters 20 and 36 of this title, nonpostal services provided under
subsection
(a)(6) shall be treated as competitive
products.
.
(2)
Complaints
Section
3662(a) of title 39, United States Code, is amended by inserting
404(a)(6), after 403(c),.
(3)
Market
analysis
During the 5-year period beginning on the date of
enactment of this Act, the Postal Service shall submit a copy of any
market
analysis provided to the Commission under section 404(a)(6)(A)(vi) of
title 39,
United States Code, as amended by this section, to the Committee on
Homeland
Security and Governmental Affairs of the Senate and the Committee on
Oversight
and Government Reform of the House of Representatives.
(b)
Governmental
services
Section 411 of title 39, United States Code, is
amended—
(1) in the second
sentence, by striking this section and inserting this
subsection;
(2) by inserting
(a) before Executive agencies; and
(3) by adding at the
end the following—
(b)
(1) The Postal Service is
authorized to furnish property and services to States, local
governments, and
tribal governments, under such terms and conditions, including
reimbursability,
as the Postal Service and the applicable State, local government,
or tribal
government shall determine appropriate.
(2) For purposes of this
subsection—
(A) the term local government
means—
(i) a county, municipality, city, town,
township, local public authority, school district, special
district, intrastate
district, council of governments, or regional or interstate
government
entity;
(ii) an agency or instrumentality of an
entity described in clause (i); or
(iii) a rural community, an
unincorporated town or village, or an instrumentality of a rural
community or
an unincorporated town or village;
(B) the term State includes
the District of Columbia, the Commonwealth of Puerto Rico, the
United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana
Islands, and any other territory or possession of the United
States; and
(C) the term tribal
government means the government of an Indian tribe, as that term is
defined in section 4(e) of the Indian Self-Determination Act (25
U.S.C.
450b(e)).
(c) The Postal
Service shall submit to the Postal Regulatory Commission, together
with the
report required under section 3652, a report that details the costs
and
revenues of the services provided by the Postal Service under this
section.
(d) In determining
reimbursability under subsections (a) and (b), the Postal Service
shall ensure
that each service provided under such subsections covers its costs
attributable, as that term is defined in section
3631(b).
.
(c)
Conforming
amendments
(1)
Section
404(e) of title 39
Section
404(e) of title 39, United States Code, is amended by striking paragraph
(5)
and inserting the following:
(5) Each nonpostal service authorized
under this subsection shall be designated as market-dominant or
competitive
based on the designation of the nonpostal service in the Mail
Classification
Schedule as in effect on the date of enactment of the
Postal Reform Act of
2013.
(6) Nothing in this subsection shall be
construed to prevent the Postal Service from establishing nonpostal
products
and services that are expressly authorized by subsection
(a)(6).
.
(2)
Section 3641 of
title 39
Section 3641 of title 39, United States Code, is
amended—
(A) in subsection
(b)(1), by inserting (or the appropriate consumers in the case of
nonpostal products) after users;
(B) in the first
sentence of subsection (b)(3), by striking section 3642(b)(1)
and inserting sections 404(g) and 3642(b)(1);
(C) in the second
sentence of subsection (b)(3), by striking section 3633(3) and
inserting section 3633(a)(3);
(D) in subsection
(e)(1), by striking $10,000,000 and inserting
$50,000,000; and
(E) in subsection
(e)(2), by striking $50,000,000 and inserting
$100,000,000.
(3)
Technical and
conforming amendments
Section 2003(b)(1) of title 39, United
States Code, is amended by striking postal and nonpostal
services and inserting postal services, nonpostal services
authorized under section 404(e), and products and services authorized
under
section 411,.
303.
Shipping of
wine, beer, and distilled spirits
(a)
Mailability
(1)
Nonmailable
articles
Section 1716(f) of title 18, United States Code, is
amended by striking mails and inserting mails, except to
the extent that the mailing is allowable under section 3001(p) of title
39.
(2)
Application of
laws
Section 1161 of title 18, United States Code, is amended, by
inserting , and, with respect to the mailing of distilled spirits, wine,
or malt beverages (as those terms are defined in section 117 of the
Federal
Alcohol Administration Act (27 U.S.C. 211)), is in conformity with section
3001(p) of title 39 after Register.
(b)
Regulations
Section
3001 of title 39, United States Code, is amended by adding at the end the
following:
(p)
(1) In this subsection, the
terms distilled spirits, wine, and malt
beverage have the same meanings as in section 117 of the Federal
Alcohol Administration Act (27 U.S.C. 211).
(2) Distilled spirits, wine, or malt
beverages shall be considered mailable if mailed—
(A) in accordance with the laws and
regulations of—
(i) the State, territory, or district
of the United States where the sender or duly authorized agent
initiates the
mailing; and
(ii) the State, territory, or district
of the United States where the addressee or duly authorized agent
takes
delivery; and
(B) to an addressee who is at least 21
years of age—
(i) who provides a signature and
presents a valid, government-issued photo identification upon
delivery;
or
(ii) the duly authorized agent of
whom—
(I) is at least 21 years of age; and
(II) provides a signature and presents a
valid, government-issued photo identification upon delivery.
(3) The Postal Service shall prescribe
such regulations as may be necessary to carry out this
subsection.
.
(c)
Effective
date
The amendments made by this section shall take effect on the
earlier of—
(1) the date on which
the Postal Service issues regulations under section 3001(p) of title 39,
United
States Code, as amended by this section; and
(2) 120 days after
the date of enactment of this Act.
IV
Postal Service
governance
401.
Board of
Governors of the Postal Service
(a)
Board of
Governors
Title 39, United States Code, is amended by striking
section 202 and inserting the following:
202.
Board of
Governors
(a)
In
general
The exercise of the power of the Postal Service shall be
directed by a Board of Governors composed of 9 members appointed in
accordance
with this section, each of whom shall be a voting member of the
Board.
(b)
Membership
(1)
Composition
The
Board shall be composed of—
(A) the Postmaster
General;
(B) the Secretary of
the Treasury; and
(C) 7 members, to be
known as Governors, who shall be appointed by the President, by and
with the
advice and consent of the Senate.
(2)
Affiliation
Not
more than 4 of the Governors may be members of any one political
party.
(3)
Chairperson
The
President shall designate one of the Governors to serve as the
Chairperson of
the Board.
(c)
Qualifications
(1)
In
general
The Governors shall represent the public interest
generally, and shall be chosen solely on the basis of experience in
public
service, law, or accounting, or on a demonstrated ability to manage
organizations or corporations (in either the public or private
sector) of
substantial size.
(2)
No specific
interest
A Governor may not be a representative of a specific
interest using the Postal Service.
(3)
Initial
appointments
At least one of the Governors who is appointed to
fill a position that is vacant on the date of enactment of the
Postal Reform Act of 2013
shall, in addition to the qualifications set forth in paragraph
(1), be
appointed based on the demonstrated ability of that individual to
manage and
improve financially troubled organizations.
(d)
Removal
A
Governor may be removed only for cause.
(e)
Compensation
(1)
Salary
Each
Governor shall receive a salary of $30,000 each year, plus $300 for
each day,
for not more than 42 days, on which the Governor attends a meeting
of the
Board. Nothing in this paragraph shall be construed to limit the
number of days
of meetings each year to 42 days.
(2)
Reimbursement
for meetings
Each Governor shall be reimbursed for travel and
reasonable expenses incurred in attending meeting meetings of the
Board.
(f)
Terms
(1)
In
general
Each Governor shall serve for a term of 7 years.
(2)
Vacancies
A
Governor appointed to fill a vacancy occurring before the
expiration of the
term to which the predecessor of that Governor was appointed shall
serve for
the remainder for the remainder of that term.
(3)
Continuation of
service
A Governor may continue to serve after the expiration of
the term of that Governor until a successor has been appointed,
except that a
Governor may not continue to serve for more than 1 year after the
date on which
the term of that Governor would have otherwise expired.
(4)
Limit
A
Governor may serve for not more than 2 terms.
(g)
Postmaster
general
(1)
Appointment and
removal
The Governors shall appoint and shall have the power to
remove the Postmaster General.
(2)
Pay and term of
service
The pay and term of service of the Postmaster General
shall be determined by the Governors.
(h)
Deputy
postmaster general
(1)
Appointment and
removal
The Governors and the Postmaster General shall appoint
and shall have the power to remove the Deputy Postmaster General.
(2)
Pay
The
pay of the Deputy Postmaster General shall be determined by the
Governors.
(3)
Term of
service
The term of service of the Deputy Postmaster General
shall be determined by the Governors and the Postmaster General.
(i)
Executive
committee
(1)
Authority to
establish
The Board, by a vote of a majority of its members, may
establish an Executive Committee of the Board, consistent with
paragraph
(2).
(2)
Board
membership and responsibilities
If established by the Board, the
Executive Committee shall—
(A) be composed of
the Chairperson of the Board and 2 additional Governors designated
by the
Board, except that not more than 2 members of the Executive
Committee may be
members of any one political party;
(B) develop and
oversee implementation of strategies and measures to ensure the
long-term
financial solvency of the Postal Service;
(C) develop and
oversee the implementation of the financial plan and budget
required under
section 403 of the Postal Reform Act of 2013 and updates to the
financial plan
and budget;
(D) make
recommendations to the Board regarding aspects of postal
operations; and
(E) assume such other
responsibilities as the Board determines appropriate.
(3)
Quorum
2
members of the Executive Committee shall constitute a quorum for
the
transaction of business by the Executive Committee.
(4)
Termination
The
Executive Committee may be terminated by a vote of the majority of
the members
of the
Board.
.
(b)
Procedures of
the board
Section 205(c) of title 39, United States Code, is
amended by striking 6 members and inserting 5
members.
(c)
Incumbents;
implementation
(1)
Incumbents
An
individual serving as a Governor on the Board of Governors of the Postal
Service (referred to in this subsection as a Governor) on the date
of enactment of this Act may continue to serve as a Governor until the
expiration of the term of that Governor.
(2)
Implementation
of membership reduction
(A)
In
general
The following vacancies in the position of Governor shall
not be filled:
(i) One
of the 2 positions as a Governor for which the term is scheduled to expire
on
December 8, 2014.
(ii) One of the 2
positions as a Governor for which the term is scheduled to expire on
December
8, 2015.
(B)
Preference for
abolishing vacant positions
(i)
Positions
expiring in 2014
If one of the 2 positions referred to in clause
(i) of subparagraph (A) is vacant on the date of enactment of this Act,
that
vacant position shall be the position that is not filled, as required
under
such clause (i).
(ii)
Positions
expiring in 2015
If one of the 2 positions referred to in clause
(ii) of subparagraph (A) is vacant on the date of enactment of this Act,
that
vacant position shall be the position that is not filled, as required
under
such clause (ii).
(d)
Conforming
Amendments
Title 39, United States Code, is amended—
(1) in section
102(3)—
(A) by striking
9 and inserting 7; and
(B) by striking
202(a) and inserting 202(b)(1)(C); and
(2) in section
203—
(A) by striking
202(c) and inserting 202(g); and
(B) by striking
202(d) and inserting 202(h).
402.
Strategic
Advisory Commission on Postal Service Solvency and Innovation
(a)
Establishment
(1)
In
general
There is established in the Postal Service a Strategic
Advisory Commission on Postal Service Solvency and Innovation (referred to
in
this section as the Advisory Commission).
(2)
Independence
The
Advisory Commission shall not be subject to the supervision of the Board
of
Governors of the Postal Service (referred to in this section as the Board
of Governors), the Postmaster General, or any other officer or employee
of the Postal Service.
(b)
Purpose
The
purpose of the Advisory Commission is—
(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;
and
(2) to foster
innovative thinking to address the challenges facing the Postal Service.
(c)
Membership
(1)
Composition
The
Advisory Commission shall be composed of 7 members, of whom—
(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;
and
(B) 1 member shall be
appointed by each of—
(i) the
majority leader of the Senate;
(ii) the minority
leader of the Senate;
(iii) the Speaker of
the House of Representatives; and
(iv) the minority
leader of the House of Representatives.
(2)
Qualifications
Members
of the Advisory Commission shall be prominent citizens having—
(A) significant depth
of experience in such fields as business and public administration;
(B) a reputation for
innovative thinking;
(C) familiarity with
new and emerging technologies; and
(D) experience with
revitalizing organizations that experienced significant financial
challenges or
other challenges.
(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.
(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.
(5)
Meetings;
quorum; vacancies
(A)
Meetings
The
Advisory Commission shall meet at the call of the Chairperson or a
majority of
the members of the Advisory Commission.
(B)
Quorum
4
members of the Advisory Commission shall constitute a quorum.
(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.
(d)
Duties and
powers
(1)
Duties
The
Advisory Commission shall—
(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—
(i) the
financial, operational, and structural condition of the Postal Service;
(ii) alternative
strategies and business models that the Postal Service could adopt;
(iii) opportunities
for additional postal and nonpostal products and services that the Postal
Service could offer;
(iv) innovative
services that postal services in foreign countries have offered, including
services that respond to the increasing use of electronic means of
communication; and
(v) the
governance structure, management structure, and management of the Postal
Service, including—
(I) the appropriate
method of appointment, qualifications, duties, and compensation for senior
officials of the Postal Service, including the Postmaster General; and
(II) the number and
functions of senior officials of the Postal Service and the number of
levels of
management of the Postal Service; and
(B) submit the report
required under subsection (f).
(2)
Hearings
The
Advisory Commission may hold such hearings, take such testimony, and
receive
such evidence as is necessary to carry out this section.
(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.
(e)
Personnel
matters
(1)
Advisory
commission members
(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 section 5315
of
title 5, United States Code, for each day during which the member is
engaged in
the actual performance of the duties of the Advisory Commission.
(B)
Travel
expenses
Each member of the Advisory Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at the rate
authorized for employees serving intermittently in the Government service
under
section 5703 of title 5, United States Code, while away from home or
regular
place of business in the performance of services for the Advisory
Commission.
(2)
Staff
(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 subparagraph may not exceed the annual rate of
basic
pay prescribed for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(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.
(C)
Consultant
services
The Advisory Commission may procure the services of
experts and consultants in accordance with section 3109 of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent
of the annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of such title.
(f)
Strategic
blueprint for long-Term solvency
(1)
In
general
Not later than 9 months after the date of enactment of
this Act, the Advisory Commission shall submit a report that contains a
strategic blueprint for the long-term solvency of the Postal Service to—
(A) the
President;
(B) the Committee on
Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on
Oversight and Government Reform of the House of Representatives;
(D) the Board of
Governors; and
(E) the Postmaster
General.
(2)
Contents
The
strategic blueprint contained in the report submitted under paragraph (1)
shall
include—
(A) an assessment of
the business model of the Postal Service as of the date on which the
report is
submitted;
(B) an assessment of
potential future business models for the Postal Service, including an
evaluation of the appropriate balance between—
(i) necessary
reductions in costs and services; and
(ii) additional
opportunities for growth and revenue;
(C) a strategy for
addressing significant current and future liabilities;
(D) identification of
opportunities for further reductions in costs;
(E) identification of
opportunities for new and innovative products and services;
(F) a strategy for
future growth;
(G) a vision of how
the Postal Service will operate in a sustainable manner 20 years after the
date
of enactment of this Act; and
(H) recommendations
for any legislative changes necessary to implement the strategic blueprint
described in this paragraph.
(g)
Study and
strategic plan on interagency agreements for post offices
(1)
Duties of
Advisory Commission
(A)
Study
(i)
In
general
The Advisory Commission shall conduct a study concerning
the advisability of the Postal Service entering into interagency
agreements
with Federal, State, and local agencies, with respect to post offices,
that—
(I) streamline and
consolidate services provided by Federal, State, and local agencies;
(II) decrease the
costs incurred by Federal agencies in providing services to the general
public;
and
(III) improve the
efficiency and maintain the customer service standards of the Federal,
State,
and local agencies.
(ii)
Clarification
of inter-agency agreements
The study under clause (i) shall
include consideration of the advisability of the Postal Service entering
into
an interagency agreement with—
(I) the Bureau of the
Census for the provision of personnel and resources for the 2020 decennial
census;
(II) the department
of motor vehicles, or an equivalent agency, of each State for the
provision of
driver licenses, vehicle registration, and voter registration;
(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; and
(IV) other Federal
agencies responsible for providing services to the general public.
(B)
Findings
The
Advisory Commission shall—
(i) not
later than 9 months after the date of enactment of this Act, submit to the
Postal Service the findings of the study conducted under subparagraph (A);
and
(ii) incorporate the
findings described in clause (i) into the strategic blueprint required
under
subsection (f).
(2)
Postal service
strategic plan
(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
interagency agreements concerning post offices to—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Limitations
The
strategic plan submitted under subparagraph (A) shall be consistent with
public
interest and demand.
(C)
Cost savings
projections
The strategic plan submitted under subparagraph (A)
shall include, for each proposed interagency 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.
(h)
Termination of
the commission
The Advisory Commission shall terminate 90 days
after the later of—
(1) the date on which
the Advisory Commission submits the report on the strategic blueprint for
long-term solvency under subsection (f); and
(2) the date on which
the Advisory Commission submits the findings on interagency agreements for
post
offices under subsection (g).
(i)
Authorization
of appropriations
There are authorized to be appropriated out of
the Postal Service Fund for fiscal years 2014 and 2015 such sums as may be
necessary to carry out this section.
403.
Long-term
solvency plan; annual financial plan and budget
(a)
Definitions
In
this section—
(1) the term
Board of Governors means the Board of Governors of the Postal
Service;
(2) the term
long-term solvency plan means the plan required to be submitted by
the Postmaster General under subsection (b)(1); and
(3) the 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 under, and comply with the policies of, title 39, United
States
Code, and other obligations of the Postal Service.
(b)
Plan for the
long-Term solvency of the postal service
(1)
Solvency plan
required
(A)
In
general
Not later than the date described in subparagraph (B),
the Postmaster General shall submit to the Board of Governors a plan
describing
the actions the Postal Service intends to take to achieve long-term
solvency.
(B)
Date
The
date described in this subparagraph is the later of—
(i) the
date that is 90 days after the date of enactment of this Act; and
(ii) the earliest
date as of which the Board of Governors has the number of members required
for
a quorum.
(2)
Considerations
The
long-term solvency plan shall take into account—
(A) the legal
authority of the Postal Service;
(B) changes in the
legal authority and responsibilities of the Postal Service under this Act
and
the amendments made by this Act;
(C) any cost savings
that the Postal Service anticipates will be achieved through negotiations
with
employees of the Postal Service;
(D) projected changes
in mail volume;
(E) the impact of any
regulations that the Postal Service is required to promulgate under
Federal
law;
(F) projected changes
in the number of employees needed to carry out the responsibilities of the
Postal Service; and
(G) the long-term
capital needs of the Postal Service, including the need to maintain,
repair,
and replace facilities and equipment.
(3)
Review and
submission to Congress
(A)
Review
Upon
receipt of the long-term solvency plan, the Board of Governors shall
review the
long-term solvency plan and may request that the Postmaster General make
changes to the long-term solvency plan.
(B)
Submission to
Congress
Not later than 60 days after initial receipt of the
long-term solvency plan, the Board of Governors shall provide a copy of
the
long-term solvency plan 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, together with a letter indicating whether
and in
what respects the Board of Governors agrees or disagrees with the measures
set
out in the long-term solvency plan.
(4)
Updates
(A)
Annual updates
required
The Postmaster General shall update and submit to the
Board of Governors the long-term solvency plan not less frequently than
annually for 5 years after the enactment of this Act.
(B)
Review by Board
of Governors
The Board of Governors shall review and submit to
Congress the updates under this paragraph in accordance with paragraph
(3).
(c)
Annual
financial plan and budget
(1)
In
general
For each of the first 5 full fiscal years after the date
of enactment of this Act, not later than August 1 of the preceding fiscal
year,
the Postmaster General shall submit to the Board of Governors a financial
plan
and budget for the fiscal year that is consistent with the goal of
promoting
the long-term solvency of the Postal Service.
(2)
Contents of
financial plan and budget
The financial plan and budget for a
fiscal year shall—
(A) promote the
financial stability of the Postal Service and provide for progress towards
the
long-term solvency of the Postal Service;
(B) include the
annual budget program of the Postal Service under section 2009 of title
39,
United States Code, and the plan of the Postal Service commonly referred
to as
the Integrated Financial Plan;
(C) describe lump-sum
expenditures by all categories traditionally used by the Postal Service;
(D) describe capital
expenditures, together with a schedule of projected capital commitments
and
cash outlays of the Postal Service, and proposed sources of funding;
(E) contain estimates
of overall debt (both outstanding and expected to be incurred);
(F) contain cash flow
and liquidity forecasts for the Postal Service at such intervals as the
Board
of Governors may require;
(G) include a
statement describing methods of estimations and significant assumptions;
and
(H) address any other
issues that the Board of Governors considers appropriate.
(3)
Process for
submission and approval of financial plan and budget
(A)
Definition
In
this paragraph, the term covered recipient means—
(i) the
Postmaster General;
(ii) the
President;
(iii) the Committee
on Homeland Security and Governmental Affairs of the Senate; and
(iv) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Review by the
Board of Governors
(i)
In
general
Upon receipt of a financial plan and budget under
paragraph (1), the Board of Governors shall promptly review the financial
plan
and budget.
(ii)
Additional
information
In conducting the review under this subparagraph, the
Board of Governors may request any additional information it considers
necessary and appropriate to carry out the duties of the Board of
Governors.
(C)
Approval of
financial plan and budget submitted by the Postmaster General
If
the Board of Governors determines that the financial plan and budget for a
fiscal year received under paragraph (1) meets the requirements under
paragraph
(2) and otherwise adequately addresses the financial situation of the
Postal
Service—
(i) the
Board of Governors shall approve the financial plan and budget and submit
a
notice of approval to each covered recipient; and
(ii) the Postmaster
General shall submit the annual budget program for the relevant fiscal
year to
the Office of Management and Budget in accordance with section 2009 of
title
39, United States Code.
(D)
Disapproval of
financial plan and budget submitted by the Postmaster General
(i)
In
general
If the Board of Governors determines that the financial
plan and budget for a fiscal year under paragraph (1) does not meet the
requirements under paragraph (2) or is otherwise inadequate in addressing
the
financial situation of the Postal Service, the Board of Governors shall—
(I) disapprove the
financial plan and budget;
(II) submit to each
covered recipient a statement that describes the reasons for the
disapproval;
(III) direct the
Postmaster General to appropriately revise the financial plan and budget
for
the Postal Service; and
(IV) submit the
revised financial plan and budget to each covered recipient.
(ii)
Submission to
Office of Management and Budget
Upon receipt of a revised
financial plan and budget under clause (i)(IV), the Postmaster General
shall
submit the annual budget program for the relevant fiscal year to the
Office of
Management and Budget in accordance with section 2009 of title 39, United
States Code.
(E)
Deadline for
transmission of financial plan and budget by Board of
Governors
Notwithstanding any other provision of this paragraph,
not later than September 30 of the fiscal year that precedes each fiscal
year
for which a financial plan and budget is required under paragraph (1), the
Board of Governors shall—
(i) submit to each
covered recipient a notice of approval under subparagraph (C)(i)(I); or
(ii) submit to each
covered recipient an approved financial plan and budget for the fiscal
year
under subparagraph (D)(i)(IV).
(F)
Revisions to
financial plan and budget
(i)
Permitting
Postmaster General to submit revisions
The Postmaster General may
submit proposed revisions to the financial plan and budget for a fiscal
year to
the Board of Governors at any time during the fiscal year.
(ii)
Process for
review, approval, disapproval, and Postmaster General action
The
procedures described in subparagraphs (C) through (E) shall apply with
respect
to a proposed revision to a financial plan and budget in the same manner
as
such procedures apply with respect to the original financial plan and
budget.
(d)
Assumptions
based on current law
In preparing the long-term solvency plan or
an annual financial plan and budget required under this section, the
Postal
Service shall base estimates of revenues and expenditures on Federal law
as in
effect at the time of the preparation of the long-term solvency plan or
the
financial plan and budget.
404.
Chief
Innovation Officer; innovation strategy
(a)
Chief
Innovation Officer
(1)
In
general
Chapter 2 of part I of title 39, United States Code, is
amended by adding at the end the following:
209.
Chief
innovation officer
(a)
Establishment
There
shall be in the Postal Service a Chief Innovation Officer appointed
by the
Postmaster General.
(b)
Qualifications
The
Chief Innovation Officer shall have proven expertise and a record
of
accomplishment in areas such as—
(1) the postal and
shipping industry;
(2) innovative
product research and development;
(3) brand marketing
strategy;
(4) new and emerging
technology, including communications technology; or
(5) business process
management.
(c)
Duties
The
Chief Innovation Officer shall lead the development and
implementation
of—
(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; and
(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.
(d)
Deadline
The
Postmaster General shall appoint a Chief Innovation Officer not
later than 90
days after the date of enactment of the Postal Reform Act of
2013.
.
(2)
Technical and
conforming amendment
The table of sections for chapter 2 of part
I of title 39, United States Code, is amended by adding at the end the
following:
209. Chief Innovation
Officer.
.
(b)
Innovation
strategy
(1)
Initial report
on innovation strategy
(A)
In
general
Not later than 9 months 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—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Matters to be
addressed
At a minimum, the report on innovation strategy
required under subparagraph (A) shall describe—
(i) the
specific innovative postal and nonpostal products and services to be
developed
and offered by the Postal Service, including—
(I) the nature of the
market demand to be satisfied by each product or service; and
(II) the estimated
date by which each product or service will be introduced;
(ii) the cost of
developing and offering each product or service;
(iii) the anticipated
sales volume for each product or service;
(iv) the anticipated
revenues and profits to be generated by each product or service;
(v) the
likelihood of success of each product or service and the risks associated
with
the development and sale of each product or service;
(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);
(vii) any innovations
designed to improve the net financial position of the Postal Service,
other
than the offering of new products and services; and
(viii) the metrics
that will be used to assess the effectiveness of the innovation
strategy.
(2)
Annual
report
(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—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Matters to be
addressed
At a minimum, an annual report submitted under
subparagraph (A) shall include—
(i) an
update of the initial report on innovation strategy submitted under
paragraph
(1);
(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; and
(iii) an analysis of
the performance of each product, service, or other innovation described in
the
initial report on innovation strategy, including—
(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;
(II) trends in each
market in which a product or service is intended to satisfy a demand;
(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;
(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;
(V) the performance
of innovations other than new products and services that are designed to
improve the net financial position of the Postal Service; and
(VI) the performance
of the innovation strategy according to the metrics described in paragraph
(1)(B)(viii).
405.
Area and
district office structure
(a)
Definitions
In
this section—
(1) the term
area office means the central office of an administrative field
unit with responsibility for postal operations in a designated geographic
area
that is comprised of district offices;
(2) the term
district office means the central office of an administrative
field unit with responsibility for postal operations in a designated
geographic
area (as defined under regulations, directives, or other guidance of the
Postal
Service, as in effect on January 1, 2013); and
(3) the term
State includes the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other territory or
possession of the United States.
(b)
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
Government Reform of the House of Representatives a comprehensive
strategic
plan for an area office and district office structure that will—
(1) be efficient and
cost effective;
(2) not substantially
and adversely affect the operations of the Postal Service; and
(3) reduce the total
number of area and district offices.
(c)
Implementation
Not
later than 60 days after the date on which the Postal Service submits the
plan
under subsection (b), the Postal Service shall begin implementing the
plan,
including, where appropriate, by consolidating area and district
offices.
(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.
406.
Inspector
General of the Postal Service
(a)
Appointment of
Inspector General of the Postal Service by President
The
Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section
8G—
(A) in subsection
(a)—
(i) in
paragraph (2), by striking the Postal Regulatory Commission, and the
United States Postal Service and inserting and the Postal
Regulatory Commission;
(ii) in
paragraph (3), by striking subsection (h)(1) and inserting
subsection (g)(1); and
(iii) in paragraph
(4)—
(I) in the matter
preceding subparagraph (A), by striking subsection (h)(1) and
inserting subsection (g)(1);
(II) by striking
subparagraph (B); and
(III) by
redesignating subparagraphs (C) through (H) as subparagraphs (B) through
(G),
respectively;
(B) in subsection
(c), by striking Except as provided under subsection (f) of this
section, the and inserting The;
(C) by striking
subsection (f); and
(D) by redesignating
subsections (g) and (h) as subsections (f) and (g), respectively;
(2) by inserting
after section 8M the following:
8N.
Special
provisions concerning the Inspector General of the United States
Postal
Service
(a) In this
section—
(1) the term
Inspector General means the Inspector General of the United States
Postal Service; and
(2) the term
Governors has the meaning given that term in section 102(3) of
title 39, United States Code.
(b) In carrying out
the duties and responsibilities specified in this Act, the
Inspector General
shall have oversight responsibility for all activities of the
Postal Inspection
Service, including any internal investigation performed by the
Postal
Inspection Service. The Chief Postal Inspector shall promptly
report the
significant activities being carried out by the Postal Inspection
Service to
the Inspector General.
(c)
(1)
(A) The Inspector General
shall be under the authority, direction, and control of the
Governors with
respect to audits or investigations, or the issuance of subpoenas,
which
require access to sensitive information concerning—
(i) ongoing civil or criminal
investigations or proceedings;
(ii) undercover operations;
(iii) the identity of confidential
sources, including protected witnesses;
(iv) intelligence or counterintelligence
matters; or
(v) other matters the disclosure of which
would constitute a serious threat to national security.
(B) With respect to the information
described under subparagraph (A), the Governors may prohibit the
Inspector
General from carrying out or completing any audit or investigation,
or from
issuing any subpoena, after the Inspector General has decided to
initiate,
carry out, or complete such audit or investigation or to issue such
subpoena,
if the Governors determine that such prohibition is necessary to
prevent the
disclosure of any information described under subparagraph (A) or
to prevent
the significant impairment to the national interests of the United
States.
(C) If the Governors exercise any power
under subparagraph (A) or (B), the Governors shall notify the
Inspector General
in writing stating the reasons for the exercise of such power. Not
later than
30 days after receipt of any such notice, the Inspector General
shall transmit
a copy of the notice 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, and to other appropriate committees
or
subcommittees of the Congress.
(2) In carrying out the duties and
responsibilities specified in this Act, the Inspector General—
(A) may initiate, conduct, and supervise
such audits and investigations in the United States Postal Service
as the
Inspector General considers appropriate; and
(B) shall give particular regard to the
activities of the Postal Inspection Service with a view toward
avoiding
duplication and ensuring effective coordination and cooperation.
(3) Any report required to be transmitted
by the Governors to the appropriate committees or subcommittees of
the Congress
under section 5(d) shall also be transmitted, within the seven-day
period
specified under that section, to the Committee on Homeland Security
and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform of the House of Representatives.
(d) Nothing in this
Act shall restrict, eliminate, or otherwise adversely affect any of
the rights,
privileges, or benefits of either employees of the United States
Postal
Service, or labor organizations representing employees of the
United States
Postal Service, under chapter 12 of title 39, United States Code,
the National
Labor Relations Act (29 U.S.C. 151 et seq.), any handbook or manual
affecting
employee labor relations with the United States Postal Service, or
any
collective bargaining agreement.
(e) There are
authorized to be appropriated, out of the Postal Service Fund, such
sums as may
be necessary for the Office of Inspector General of the United
States Postal
Service.
;
and
(3) in section
12—
(A) in paragraph (1),
by striking or the Federal Cochairpersons of the Commissions established
under section 15301 of title 40, United States Code and inserting
the Federal Cochairpersons of the Commissions established under section
15301 of title 40, United States Code; or the Board of Governors of the
United
States Postal Service; and
(B) in paragraph (2),
by striking or the Commissions established under section 15301 of title
40, United States Code and inserting the Commissions established
under section 15301 of title 40, United States Code, or the United States
Postal Service.
(b)
Technical and
conforming amendments
Title 39, United States Code, is
amended—
(1) in section
102(4), by striking section 202(e) of this title and inserting
section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.);
(2) in section
1001(b), in the first sentence, by inserting , and section 3 of the
Inspector General Act of 1978 (5 U.S.C. App.) after 1001(c) of
this title; and
(3) in section
1005(a)(3), by inserting , and section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) after 1001(c) of this title.
(c)
Applicability
(1)
In
general
The amendments made by this section shall apply with
respect to the first individual appointed as Inspector General of the
Postal
Service after the date of enactment of this Act.
(2)
Rule of
construction
Nothing in this Act may be construed to alter the
authority or the length of the term of the individual serving as Inspector
General of the Postal Service on the date of enactment of this Act.
V
Federal Employees’ Compensation
Act
501.
Short title; references
(a)
Short title
This title may be cited as the
Workers' Compensation Reform Act of
2013.
(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.
502.
Federal
workers compensation reforms for retirement-age employees
(a)
Conversion
of entitlement at retirement age
(1)
Definitions
Section
8101 is amended—
(A) in paragraph
(18), by striking and at the end;
(B) in paragraph
(19), by striking and at the end;
(C) in paragraph
(20), by striking the period at the end and inserting a semicolon; and
(D) by adding at
the end the following:
(21) retirement
age has the meaning given that term under section 216(l)(1) of the
Social Security Act (42 U.S.C. 416(l)(1));
(22) covered
claim for total disability means a claim for a period of total
disability that commenced before the date of enactment of the
Workers' Compensation Reform Act of
2013;
(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
2013; and
(24) individual
who has an exempt disability condition means an individual—
(A) who—
(i) is eligible
to receive continuous periodic compensation for total disability
under section
8105 on the date of enactment of the Workers'
Compensation Reform Act of 2013; and
(ii) meets the
criteria under section 8105(c);
(B) who, on the
date of enactment of the Workers'
Compensation Reform Act of 2013—
(i) is eligible
to receive continuous periodic compensation for total disability
under section
8105; and
(ii) has
sustained a currently irreversible severe mental or physical
disability for
which the Secretary of Labor has authorized, for at least the
1-year period
ending on the date of enactment of the Workers' Compensation Reform Act of 2013,
constant in-home care or custodial care, such as placement in a
nursing home;
or
(C) who is
eligible to receive continuous periodic compensation for total
disability under
section 8105—
(i) for not less
than the 3-year period ending on the date of enactment of the
Workers' Compensation Reform Act of
2013; or
(ii) if the
individual became eligible to receive continuous periodic
compensation for
total disability under section 8105 during the period beginning on
the date
that is 3 years before the date of enactment of the
Workers' Compensation Reform Act of
2013 and ending on such date of enactment, for not less than the
3-year period beginning on the date on which the individual became
eligible.
.
(2)
Total
disability
Section 8105 is amended—
(A) in subsection
(a), by striking If and inserting In general.—Subject to
subsection (b), if;
(B) by
redesignating subsection (b) as subsection (c); and
(C) by inserting
after subsection (a) the following:
(b)
Conversion
of entitlement at retirement age
(1)
In
general
Except as provided in paragraph (2), the basic
compensation for total disability for an employee who has attained
retirement
age shall be 50 percent of the monthly pay of the employee.
(2)
Exceptions
(A)
Covered
recipients who are retirement age, have an exempt disability
condition, or face
financial hardship
Paragraph (1) shall not apply to a covered
claim for total disability by an employee if the employee—
(i) on the date
of enactment of the Workers' Compensation
Reform Act of 2013, has attained retirement age;
(ii) is an
individual who has an exempt disability condition; or
(iii) is a member of
a household that would meet the income and assets requirements for
eligibility
for the supplemental nutrition assistance program as described in
section 5 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014) (not including
any
provisions permitting eligibility due to benefits received under
any other law)
if the basic compensation for total disability of the employee were
provided in
accordance with paragraph (1).
(B)
Transition
period for certain employees
For a covered claim for total
disability by an employee who is not an employee described in
subparagraph (A),
the employee shall receive the basic compensation for total
disability provided
under subsection (a) until the later of—
(i) the date on
which the employee attains retirement age; and
(ii) the date
that is 3 years after the date of enactment of the
Workers' Compensation Reform Act of
2013.
.
(3)
Partial
disability
Section 8106 is amended—
(A) in subsection
(a), by striking If and inserting In general.—Subject to
subsection (b), if;
(B) by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively;
and
(C) by inserting
after subsection (a) the following:
(b)
Conversion
of entitlement at retirement age
(1)
In
general
Except as provided in paragraph (2), the basic
compensation for partial disability for an employee who has
attained retirement
age shall be 50 percent of the difference between the monthly pay
of the
employee and the monthly wage-earning capacity of the employee
after the
beginning of the partial disability.
(2)
Exceptions
(A)
Covered
recipients who are retirement age or face financial
hardship
Paragraph (1) shall not apply to a covered claim for
partial disability by an employee if the employee—
(i) on the date of
enactment of the Workers' Compensation Reform
Act of 2013, has attained retirement age; or
(ii) is a member of a
household that would meet the income and assets requirements for
eligibility
for the supplemental nutrition assistance program as described in
section 5 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014) (not including
any
provisions permitting eligibility due to benefits received under
any other law)
if the basic compensation for total disability of the employee were
provided in
accordance with paragraph (1).
(B)
Transition
period for certain employees
For a covered claim for partial
disability by an employee who is not an employee described in
subparagraph (A),
the employee shall receive basic compensation for partial
disability in
accordance with subsection (a) until the later of—
(i) the date on
which the employee attains retirement age; and
(ii) the date
that is 3 years after the date of enactment of the
Workers' Compensation Reform Act of
2013.
.
503.
Augmented compensation for
dependents
(a)
In general
Section 8110 is amended—
(1) by redesignating subsection (b) as
subsection (c); and
(2) by inserting after subsection (a) the
following:
(b)
Termination of augmented
compensation
(1)
In general
Subject to paragraph (2), augmented
compensation for dependants under subsection (c) shall not be
provided.
(2)
Exceptions
(A)
Total disability
For a covered claim for total disability by
an employee—
(i) the employee shall receive augmented
compensation under subsection (c) if the employee is an individual
who has an
exempt disability condition; and
(ii) the employee shall receive augmented
compensation under subsection (c) until the date that is 3 years
after the date
of enactment of the Workers' Compensation
Reform Act of 2013 if the employee is not an employee described
in clause (i).
(B)
Partial disability
For a covered claim for partial disability
by an employee, the employee shall receive augmented compensation
under
subsection (c) until the date that is 3 years after the date of
enactment of
the Workers' Compensation Reform Act of
2013.
(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 2013, the employee shall receive
augmented compensation under subsection
(c).
.
(b)
Maximum and minimum monthly
payments
Section 8112 is
amended—
(1) in subsection (a)—
(A) by inserting subsections (b) and (c)
and before section 8138;
(B) by striking including augmented
compensation under section 8110 of this title but; and
(C) by striking 75 percent each
place it appears and inserting 662/3
percent;
(2) by redesignating subsection (b) as
subsection (c);
(3) by inserting after subsection (a) the
following:
(b)
Exceptions
(1)
Covered disability condition
For a covered claim for total disability by
an employee, if the employee is an individual who has an exempt
disability
condition—
(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum monthly
amounts under
subsection (a) shall include any augmented compensation under
section 8110;
and
(B) subsection (a) shall be applied by
substituting 75 percent for 662/3
percent each place it appears.
(2)
Partial disability
For a covered claim for partial disability
by an employee, until the date that is 3 years after the date of
enactment of
the Workers' Compensation Reform Act of
2013—
(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum monthly
amounts under
subsection (a) shall include any augmented compensation under
section 8110;
and
(B) subsection (a) shall be applied by
substituting 75 percent for 662/3
percent each place it appears.
;
and
(4) in subsection (c), as redesignated by
paragraph (2), by striking subsection (a) and inserting
subsections (a) and (b).
(c)
Death benefits generally
Section 8133 is amended—
(1) in subsections (a) and (e), by striking
75 percent each place it appears and inserting
662/3 percent (except as provided in subsection
(g)); and
(2) by adding at the end the following:
(g) If the death occurred before the date of
enactment of the Workers' Compensation Reform
Act of 2013, subsections (a) and (e) shall be applied by
substituting 75 percent for 662/3
percent each place it
appears.
.
(d)
Death benefits for civil air patrol
volunteers
Section 8141 is
amended—
(1) in subsection (b)(2)(B) by striking
75 percent and inserting 662/3
percent (except as provided in subsection (c));
(2) by redesignating subsection (c) as
subsection (d); and
(3) by inserting after subsection (b) the
following:
(c) If the death occurred before the date of
enactment of the Workers' Compensation Reform
Act of 2013, subsection (b)(2)(B) shall be applied by
substituting 75 percent for 662/3
percent.
.
504.
Schedule compensation
payments
Section 8107 is
amended—
(1) in subsection (a), by striking at
the rate of 662/3 percent of his monthly pay and
inserting at the rate specified under subsection (d); and
(2) by adding at the end the following:
(d)
Rate for compensation
(1)
Annual salary
(A)
In general
Except as provided in paragraph (2), the
rate under subsection (a) shall be the rate of 662/3
percent of the annual salary level established under subparagraph
(B), in a
lump sum equal to the present value (as calculated under
subparagraph (C)) of
the amount of compensation payable under the schedule.
(B)
Establishment
(i)
In general
The Secretary of Labor shall establish an
annual salary for purposes of subparagraph (A) in the amount the
Secretary
determines will result in the aggregate cost of payments made under
this
section being equal to what would have been the aggregate cost of
payments
under this section if the amendments made by section 504 of the
Workers' Compensation Reform Act of
2013 had not been enacted.
(ii)
Cost of living adjustment
The annual salary established under clause
(i) shall be increased on March 1 of each year by the amount
determined by the
Secretary of Labor to represent the percent change in the price
index published
for December of the preceding year over the price index published
for the
December of the year prior to the preceding year, adjusted to the
nearest
one-tenth of 1 percent.
(C)
Present value
The Secretary of Labor shall calculate the
present value for purposes of subparagraph (A) using a rate of
interest equal
to the average market yield for outstanding marketable obligations
of the
United States with a maturity of 2 years on the first business day
of the month
in which the compensation is paid or, in the event that such
marketable
obligations are not being issued on such date, at an equivalent
rate selected
by the Secretary of Labor, true discount compounded annually.
(2)
Certain injuries
For an injury that occurred before the date
of enactment of the Workers' Compensation
Reform Act of 2013, the rate under subsection (a) shall be
662/3 percent of the employee’s monthly pay.
(e)
Simultaneous receipt
(1)
Total disability
An employee who receives compensation for
total disability under section 8105 may only receive the lump sum
of schedule
compensation under this section in addition to and simultaneously
with the
benefits for total disability after the earlier of—
(A) the date on which the basic compensation
for total disability of the employee becomes 50 percent of the
monthly pay of
the employee under section 8105(b); or
(B) the date on which augmented compensation of
the employee terminates under section 8110(b)(2)(A)(ii), if the
employee
receives such compensation.
(2)
Partial disability
An employee who receives benefits for
partial disability under section 8106 may only receive the lump sum
of schedule
compensation under this section in addition to and simultaneously
with the
benefits for partial disability after the earlier of—
(A) the date on which the basic compensation
for partial disability of the employee becomes 50 percent of the
difference
between the monthly pay of the employee and the monthly
wage-earning capacity
of the employee after the beginning of the partial disability under
section
8106(b); or
(B) the date on which augmented compensation of
the employee terminates under section 8110(b)(2)(B), if the
employee receives
such
compensation.
.
505.
Vocational rehabilitation
(a)
In general
Section 8104 is amended—
(1) in subsection (a)—
(A) by striking (a) The Secretary of
Labor may and all that follows through undergo vocational
rehabilitation. and inserting the following:
(a)
In general
(1)
Direction
Except as provided in paragraph (2), not
earlier than the date that is 6 months after the date on which an
individual
eligible for wage-loss compensation under section 8105 or 8106 is
injured, or
by such other date as the Secretary of Labor determines it would be
reasonable
under the circumstances for the individual to begin vocational
rehabilitation,
and if vocational rehabilitation may enable the individual to
become capable of
more gainful employment, the Secretary of Labor shall direct the
individual to
participate in developing a comprehensive return to work plan and
to undergo
vocational rehabilitation at a location a reasonable distance from
the
residence of the
individual.
;
(B) by striking the Secretary of Health,
Education, and Welfare in carrying out the purposes of chapter 4 of title
29 and inserting the Secretary of Education in carrying out the
purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.);
(C) by striking under section 32(b)(1)
of title 29 and inserting under section 5 of the Rehabilitation
Act of 1973 (29 U.S.C. 704); and
(D) by adding at the end the following:
(2)
Exception
The Secretary of Labor may not direct an
individual who has attained retirement age to participate in
developing a
comprehensive return to work plan or to undergo vocational
rehabilitation.
;
(2) by redesignating subsection (b) as
subsection (c);
(3) by inserting after subsection (a) the
following:
(b)
Contents of return to work
plan
A return to work plan
developed under subsection (a)—
(1) shall—
(A) set forth specific measures designed to
increase the wage-earning capacity of an individual;
(B) take into account the prior training and
education of the individual and the training, educational, and
employment
opportunities reasonably available to the individual; and
(C) provide that any employment undertaken by
the individual under the return to work plan be at a location a
reasonable
distance from the residence of the individual;
(2) may provide that the Secretary will pay out
of amounts in the Employees’ Compensation Fund reasonable expenses
of
vocational rehabilitation (which may include tuition, books,
training fees,
supplies, equipment, and child or dependent care) during the course
of the
plan; and
(3) may not be for a period of more than 2
years, unless the Secretary finds good cause to grant an extension,
which may
be for not more than 2
years.
;
(4) in subsection (c), as so
redesignated—
(A) by inserting Compensation.— before
Notwithstanding; and
(B) by striking , other than employment
undertaken pursuant to such rehabilitation; and
(5) by adding at the end the following:
(d)
Assisted reemployment agreements
(1)
In general
The Secretary may enter into an assisted
reemployment agreement with an agency or instrumentality of any
branch of the
Federal Government or a State or local government or a private
employer that
employs an individual eligible for wage-loss compensation under
section 8105 or
8106 to enable the individual to return to productive employment.
(2)
Contents
An assisted reemployment agreement under
paragraph (1)—
(A) may provide that the Secretary will use
amounts in the Employees’ Compensation Fund to reimburse an
employer in an
amount equal to not more than 100 percent of the compensation the
individual
would otherwise receive under section 8105 or 8106; and
(B) may not be for a period of more than 3
years.
(e)
List
To facilitate the hiring of individuals
eligible for wage-loss compensation under section 8105 or 8106, the
Secretary
shall provide a list of such individuals to the Office of Personnel
Management,
which the Office of Personnel Management shall provide to all
agencies and
instrumentalities of the Federal
Government.
.
(b)
Employees’ Compensation Fund
Section 8147 is amended by adding at the
end:
(d) Notwithstanding subsection (b), any
benefits or other payments paid to or on behalf of an employee
under this
subchapter or any extension or application thereof for a recurrence
of injury,
consequential injury, aggravation of injury, or increase in
percentage of
impairment to a member for which compensation is provided under the
schedule
under section 8107 suffered in a permanent position with an agency
or
instrumentality of the United States while the employment with the
agency or
instrumentality is covered under an assisted reemployment agreement
entered
into under section 8104(d) shall not be included in total cost of
benefits and
other payments in the statement provided to the agency or
instrumentality under
subsection (b) if the injury was originally incurred in a position
not covered
by an assisted reemployment
agreement.
.
(c)
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..
(d)
Mandatory benefit reduction for
noncompliance
Section 8113(b)
is amended by striking may reduce and inserting shall
reduce.
(e)
Technical and conforming
amendments
(1)
In general
Subchapter III of chapter 15 of title 31,
United States Code, is amended by adding at the end the following:
1538.
Authorization for assisted
reemployment
Funds may be
transferred from the Employees’ Compensation Fund established under
section
8147 of title 5 to the applicable appropriations account for an
agency or
instrumentality of any branch of the Federal Government for the
purposes of
reimbursing the agency or instrumentality in accordance with an
assisted
reemployment agreement entered into under section 8104 of title
5.
.
(2)
Table of sections
The table of sections for chapter 15 of
title 31, United States Code, is amended by inserting after the item
relating
to section 1537 the following:
1538. Authorization for
assisted
reemployment.
.
506.
Reporting requirements
(a)
In general
Chapter 81 is amended by inserting after
section 8106 the following:
8106a.
Reporting requirements
(a)
Definition
In this section, the term employee
receiving compensation means an employee who—
(1) is paid compensation under section 8105 or
8106; and
(2) has not attained retirement age.
(b)
Authority
The Secretary of Labor shall require an
employee receiving compensation to report the earnings of the
employee
receiving compensation from employment or self-employment, by
affidavit or
otherwise, in the manner and at the times the Secretary specifies.
(c)
Contents
An employee receiving compensation shall
include in a report required under subsection (a) the value of
housing, board,
lodging, and other advantages which are part of the earnings of the
employee
receiving compensation in employment or self-employment and the
value of which
can be estimated.
(d)
Failure To report and false
reports
(1)
In general
An employee receiving compensation who
fails to make an affidavit or other report required under
subsection (b) or who
knowingly omits or understates any part of the earnings of the
employee in such
an affidavit or other report shall forfeit the right to
compensation with
respect to any period for which the report was required.
(2)
Forfeited compensation
Compensation forfeited under this
subsection, if already paid to the employee receiving compensation,
shall be
recovered by a deduction from the compensation payable to the
employee or
otherwise recovered under section 8129, unless recovery is waived
under that
section.
.
(b)
Technical and conforming
amendments
The table of
sections for chapter 81 is amended by inserting after the item relating to
section 8106 the following:
8106a. Reporting
requirements.
.
507.
Disability management review; independent
medical examinations
Section
8123 is amended by adding at the end the following:
(e)
Disability management review
(1)
Definitions
In this subsection—
(A) the term covered employee
means an employee who is in continuous receipt of compensation for
total
disability under section 8105 for a period of not less than 6
months;
and
(B) the term disability management review
process means the disability management review process established under
paragraph (2)(A).
(2)
Establishment
The Secretary of Labor shall—
(A) establish a disability management review
process for the purpose of certifying and monitoring the disability
status and
extent of injury of each covered employee; and
(B) promulgate regulations for the
administration of the disability management review process.
(3)
Physical examinations
required
Under the disability
management review process, the Secretary of Labor shall
periodically require
covered employees to submit to physical examinations under
subsection (a) by
physicians selected by the Secretary. A physician conducting a
physical
examination of a covered employee shall submit to the Secretary a
report
regarding the nature and extent of the injury to and disability of
the covered
employee.
(4)
Frequency
(A)
In general
The regulations promulgated under paragraph
(2)(B) shall specify the process and criteria for determining when
and how
frequently a physical examination should be conducted for a covered
employee.
(B)
Minimum frequency
(i)
Initial
An initial physical examination shall be
conducted not more than a brief period after the date on which a
covered
employee has been in continuous receipt of compensation for total
disability
under section 8015 for 6 months.
(ii)
Subsequent examinations
After the initial physical examination,
physical examinations of a covered employee shall be conducted not
less than
once every 3 years.
(5)
Employing agency or instrumentality
requests
(A)
In general
The agency or instrumentality employing an
employee who has made a claim for compensation for total disability
under
section 8105 may at any time submit a request for the Secretary of
Labor to
promptly require the employee to submit to a physical examination
under this
subsection.
(B)
Requesting officer
A request under subparagraph (A) shall be
made on behalf of an agency or instrumentality by—
(i) the head of the agency or
instrumentality;
(ii) the Chief Human Capital Officer of the
agency or instrumentality; or
(iii) if the agency or instrumentality does not
have a Chief Human Capital Officer, an officer with
responsibilities similar to
those of a Chief Human Capital Officer designated by the head of
the agency or
instrumentality to make requests under this paragraph.
(C)
Information
A request under subparagraph (A) shall be
in writing and accompanied by—
(i) a certification by the officer making the
request that the officer has reviewed the relevant material in the
employee’s
file;
(ii) an explanation of why the officer has
determined, based on the materials in the file and other
information known to
the officer, that requiring a physical examination of the employee
under this
subsection is necessary; and
(iii) copies of the materials relating to the
employee that are relevant to the officer’s determination and
request, unless
the agency or instrumentality has a reasonable basis for not
providing the
materials.
(D)
Examination
If the Secretary of Labor receives a
request under this paragraph before an employee has undergone an
initial
physical examination under paragraph (4)(B)(i), the Secretary shall
promptly
require the physical examination of the employee. A physical
examination under
this subparagraph shall satisfy the requirement under paragraph
(4)(B)(i) that
an initial physical examination be conducted.
(E)
After initial examination
(i)
In general
If the Secretary of Labor receives a
request under this paragraph after an employee has undergone an
initial
physical examination under paragraph (4)(B)(i), the Secretary
shall—
(I) review the request and the information,
explanation, and other materials submitted with the request; and
(II) determine whether to require the physical
examination of the employee who is the subject of the request.
(ii)
Not granted
If the Secretary determines not to grant a
request described in clause (i), the Secretary shall promptly
notify the
officer who made the request and provide an explanation of the
reasons why the
request was
denied.
.
508.
Waiting period
(a)
In general
Section 8117 is amended—
(1) in the section heading, by striking
Time of accrual of
right and inserting Waiting period;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by
striking An employee and all that follows through is not
entitled and inserting In general.—An employee is not entitled to
continuation of pay within the meaning of section 8118 for the first 3
days of
temporary disability or, if section 8118 does not apply, is not
entitled;
(B) in paragraph (1), by adding
or at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph
(2); and
(3) in subsection (b)—
(A) by striking A Postal Service
the first place it appears and all that follows through A Postal
Service the second place it appears and inserting
Use of
leave.—An;
(B) by striking that 3-day
period and inserting the first 3 days of temporary
disability; and
(C) by striking or is followed by
permanent disability.
(b)
Continuation of pay
Section 8118 is amended—
(1) in the section heading, by striking
; election to use annual or
sick leave;
(2) in subsection (b)(1), by striking
section 8117(b) and inserting section
8117;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as
subsection (c).
(c)
Technical and conforming
amendments
The table of
sections for chapter 81 is amended by striking the items relating to
sections
8117 and 8118 and inserting the following:
8117. Waiting
period.8118. Continuation of
pay.
.
509.
Election of benefits
(a)
In general
Section 8116 is amended by adding at the
end the following:
(e)
Retirement benefits
(1)
In general
An individual entitled to compensation
benefits payable under this subchapter and under chapter 83 or 84
or any other
retirement system for employees of the Government, for the same
period, shall
elect which benefits the individual will receive.
(2)
Election
(A)
Deadline
An individual shall make an election under
paragraph (1) in accordance with such deadlines as the Secretary of
Labor shall
establish, which shall be a reasonable period after the individual
has received
notice of a final determination that the individual is entitled to
compensation
benefits payable under this subchapter.
(B)
Revocability
An election under paragraph (1) shall be
revocable, notwithstanding any other provision of law, except for
any period
during which an individual—
(i) was qualified for benefits payable under
both this subchapter and under a retirement system described in
paragraph (1);
and
(ii) was paid benefits under the retirement
system after having been notified of eligibility for benefits under
this
subchapter.
(3)
Informed choice
The Secretary of Labor shall provide
information, and shall ensure that information is provided, to an
individual
described in paragraph (1) about the benefits available to the
individual under
this subchapter or under chapter 83 or 84 or any other retirement
system
referred to in paragraph (1) the individual may elect to
receive.
.
(b)
Technical and conforming
amendments
Sections
8337(f)(3) and 8464a(a)(3) are each amended by striking
Paragraphs and inserting Except as provided under chapter
81, paragraphs.
510.
Sanction for noncooperation with field
nurses
Section 8123, as
amended by section 507, is amended by adding at the end the following:
(f)
Field nurses
(1)
Definition
In this subsection, the term field
nurse means a registered nurse that assists the Secretary in the
medical management of disability claims under this subchapter and
provides
claimants with assistance in coordinating medical care.
(2)
Authorization
The Secretary may use field nurses to
coordinate medical services and vocational rehabilitation programs
for injured
employees under this subchapter. If an employee refuses to
cooperate with a
field nurse or obstructs a field nurse in the performance of duties
under this
subchapter, the right to compensation under this subchapter shall
be suspended
until the refusal or obstruction
stops.
.
511.
Subrogation of continuation of pay
(a)
In general
Section 8131 is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by inserting continuation of pay or before
compensation;
(2) in subsection (b), by inserting
continuation of pay or before compensation;
and
(3) in subsection (c)—
(A) by inserting continuation of pay
or before compensation already paid; and
(B) by inserting “continuation of pay or”
before compensation payable.
(b)
Adjustment after recovery from a third
person
Section 8132 is
amended—
(1) in the first sentence—
(A) by inserting continuation of pay
or before compensation is payable;
(B) by inserting continuation of pay
or before compensation from the United States;
(C) by striking by him or in his
behalf and inserting by the beneficiary or on behalf of the
beneficiary;
(D) by inserting continuation of pay
and before compensation paid by the United States;
and
(E) by striking compensation payable to
him and inserting continuation of pay or compensation payable to
the beneficiary;
(2) in the second sentence, by striking
his designee and inserting the designee of the
beneficiary; and
(3) in the fourth sentence, by striking
If compensation and all that follows through payable to
him by the United States and inserting If continuation of pay or
compensation has not been paid to the beneficiary, the money or property
shall
be credited against continuation of pay or compensation payable to the
beneficiary by the United States.
(c)
Effective
date
This section and the
amendments made by this section shall take effect on the date of enactment
of
this Act.
512.
Integrity and compliance
(a)
In general
Subchapter I of chapter 81 is amended by
adding at the end the following:
8153.
Integrity and Compliance Program
(a)
Definitions
In this section—
(1) the term FECA program means
the Federal Employees Compensation Program administered under this
subchapter;
(2) the term improper payment has
the meaning given that term in section 2(g) of the Improper
Payments
Information Act of 2002 (31 U.S.C. 3321 note);
(3) the term Inspector
General—
(A) means an Inspector General described in
subparagraph (A), (B), or (I) of section 11(b)(1) of the Inspector
General Act
of 1978 (5 U.S.C. App.); and
(B) does not include the Inspector General of
an entity having no employees covered under the FECA program;
(4) the term Integrity and Compliance
Program means the Integrity and Compliance Program established under
subsection (b);
(5) the term provider means a
provider of medical or other services under the FECA program;
(6) the term Secretary means the
Secretary of Labor; and
(7) the term Task Force means the
FECA Integrity and Compliance Task Force established under
subsection
(c)(2)(A).
(b)
Integrity and compliance
program
Not later than 270
days after the date of enactment of this section, the Secretary
shall establish
an Integrity and Compliance Program for the purpose of preventing,
identifying,
and recovering fraudulent and other improper payments for the FECA
program,
which shall include—
(1) procedures for identifying potentially
improper payments before payment is made to claimants and
providers, including,
where appropriate, predictive analytics;
(2) reviews after payment is made to identify
potentially improper payments to claimants and providers;
(3) on-going screening and verification
procedures to ensure the continued eligibility of medical providers
to provide
services under the FECA program, including licensure, Federal
disbarment, and
the existence of relevant criminal convictions;
(4) provision of appropriate information,
education, and training to claimants and providers on requirements
to ensure
the integrity of the FECA program, including payments under the
FECA
program;
(5) appropriate controls and audits to ensure
that providers adopt internal controls and procedures for
compliance with
requirements under the FECA program;
(6) procedures to ensure—
(A) initial and continuing eligibility of
claimants for compensation, benefits, or services under the FECA
program;
and
(B) ongoing verification of information in
databases relating to claimants to ensure accuracy and
completeness; and
(7) sharing and accessing data and information
with other agencies and instrumentalities of the United States,
including the
United States Postal Service.
(c)
Interagency cooperation on anti-Fraud
efforts
(1)
In general
In administering the FECA program,
including the Integrity and Compliance Program, the Secretary shall
cooperate
with other agencies and instrumentalities of the United States
(including the
United States Postal Service) and the Inspectors General of such
agencies and
instrumentalities to prevent, identify, and recover fraudulent and
other
improper payments under the FECA program.
(2)
Task force
(A)
In general
There is established a task force, which
shall be known as the FECA Integrity and Compliance Task Force.
(B)
Membership
The members of the Task Force shall
be—
(i) the Secretary, who shall serve as the
Chairperson of the Task Force;
(ii) the Postmaster General, who shall serve as
the Vice Chairperson of the Task Force;
(iii) the Attorney General;
(iv) the Director of the Office of Management
and Budget; and
(v) other appropriate Federal officials, as
determined by the Chairperson and Vice Chairperson of the Task
Force.
(C)
Advisory members
The following officials shall attend
meetings of the Task Force and participate as ad hoc, advisory
members, to
provide technical assistance and guidance to the Task Force with
respect to the
duties of the Task Force:
(i) The Inspector General of the Department of
Labor.
(ii) The Inspector General of the United States
Postal Service.
(iii) The Inspectors General of other appropriate
agencies and instrumentalities of the United States that employ a
significant
number of individuals receiving compensation, benefits, or services
under the
FECA program, as determined by the Chairperson of the Task Force.
(D)
Duties
The Task Force shall—
(i) set forth, in writing, a description of the
respective roles and responsibilities in preventing, identifying,
recovering,
and prosecuting fraud under, and otherwise ensuring integrity and
compliance
of, the FECA program of—
(I) the Secretary (including subordinate
officials such as the Director of the Office of Workers’
Compensation
Programs);
(II) the Inspector General of the Department of
Labor;
(III) the Inspectors General of agencies and
instrumentalities of the United States that employ claimants under
the FECA
program;
(IV) the Attorney General; and
(V) any other relevant officials;
(ii) develop procedures for sharing information
of possible fraud under the FECA program or other intentional
misstatements by
claimants or providers under the FECA program, including procedures
addressing—
(I) notification of appropriate officials of
the Department of Labor of potential fraud or other intentional
misstatements,
including provision of supporting information;
(II) timely and appropriate response by
officials of the Department of Labor to notifications described in
subclause
(I);
(III) the inclusion of information and evidence
relating to fraud and other intentional misstatements in criminal,
civil, and
administrative proceedings relating to the provision of
compensation, benefits,
or medical services (including payments to providers) under the
FECA
program;
(IV) the coordination of criminal investigations
with the administration of the FECA program; and
(V) the protection of information relating to
an investigation of possible fraud under the FECA program from
potential
disclosure, including requirements that enable investigative files
to be
appropriately separated from case management files; and
(iii) not later than 1 year after the date of
enactment of this section, submit to the Committee on Homeland
Security and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform and the Committee on Education and the Workforce
of the House
of Representatives a report that includes the description and
procedures
required under clauses (i) and (ii).
(3)
Rule of construction
Nothing in this subsection shall be
construed to limit or restrict any authority of an Inspector
General.
(d)
Improvements to access of Federal
databases
(1)
In general
In order to improve compliance with the
requirements under and the integrity of the FECA program, or as
required to
otherwise detect and prevent improper payments under the FECA
program
(including for purposes of computer matching under subsection
(e)(1)(D)), upon
written request—
(A) the Commissioner of Social Security shall
make available to the Secretary, the Postmaster General, and each
Inspector
General the Social Security earnings information of a living or
deceased
employee;
(B) the Director of the Office of Personnel
Management shall make available to the Secretary, the Postmaster
General, and
each Inspector General the information in the databases of Federal
employees
and retirees maintained by the Director; and
(C) the Secretary of Veterans Affairs shall
make available to the Secretary, the Postmaster General, and each
Inspector
General the information in the database of disabled individuals
maintained by
the Secretary of Veterans Affairs.
(2)
National directory of new
hires
Upon written request,
the Secretary of Health and Human Services shall make available to
the
Secretary, the Postmaster General, each Inspector General, and the
Comptroller
General of the United States the information in the National
Directory of New
Hires for purposes of carrying out this subchapter, in order to
improve
compliance with the requirements under and the integrity of the
FECA program,
or as required to otherwise detect and prevent improper payments
under the FECA
program (including for purposes of computer matching under
subsection
(e)(1)(D)). The Comptroller General may obtain information from the
National
Directory of New Hires for purposes of any audit, evaluation, or
investigation,
including any audit, evaluation, or investigation relating to
program
integrity.
(3)
Procedures
The Secretary shall establish procedures
for correlating the identity and status of recipients of
compensation,
benefits, or services under this subchapter with Social Security
earnings
information described in paragraph (1)(A).
(4)
Provision
Information requested under this subsection
shall be provided—
(A) in a timely manner;
(B) at a reasonable cost to the Secretary, the
Postmaster General, or an Inspector General;
(C) without cost to the Comptroller General of
the United States; and
(D) in the manner, frequency, and form
reasonably specified by the officer making the request, which, upon
request,
shall include electronic form.
(5)
Assessment of data
cost-effectiveness
(A)
In general
The Secretary shall consider and assess
procedures for correlating the identity and status of recipients of
compensation, benefits, or services under this subchapter with
information
relating to employees, retirees, and individuals described in
subparagraphs (B)
and (C) of paragraph (1) and paragraph (2).
(B)
Report
Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on
Oversight and Government Reform and the Committee on Education and
the
Workforce of the House of Representatives a report on the
cost-effectiveness of
the use of the databases described in subparagraphs (B) and (C) of
paragraph
(1) and paragraph (2) for program compliance and integrity. The
report required
under this subparagraph may be included as part of the report
required under
subsection (f).
(6)
United States postal service FECA enrollee
database
Not later than 180
days after the date of enactment of this section, in order to
track, verify,
and communicate with the Secretary and other relevant entities, the
Postmaster
General shall establish an electronic database of information
relating to
employees of the United States Postal Service who have applied for
or are
receiving compensation, benefits, or services under this
subchapter.
(7)
Rule of construction
Nothing in this subsection shall be
construed to limit the authority of the Comptroller General of the
United
States under section 716 of title 31.
(e)
General protocols and security
(1)
Establishment
(A)
In general
In order to ensure strong information
security and privacy standards, the Task Force shall establish
protocols for
the secure transfer and storage of any information provided to an
individual or
entity under this section.
(B)
Considerations
In establishing protocols under
subparagraph (A), the Task Force shall consider any recommendations
submitted
to the Secretary by the Inspector General of the Department of
Health and Human
Services with respect to the secure transfer and storage of
information, and to
comply with privacy laws and best practices.
(C)
Fraud case protection
The Task Force shall establish protocols
and procedures to enable information and materials relating to an
active
investigation of possible fraud relating to the FECA program to be
appropriately kept separate from the files for employees relating
to the
provision of compensation, benefits, or services under the FECA
program.
(D)
Computer matching by federal agencies for
purposes of investigation and prevention of improper payments and
fraud
(i)
In general
Except as provided in this subparagraph, in
accordance with section 552a (commonly known as the Privacy Act of
1974), the
Secretary, the Postmaster General, each Inspector General, and the
head of each
agency may enter into computer matching agreements that allow
ongoing data
matching (which shall include automated data matching) in order to
assist in
the detection and prevention of improper payments under the FECA
program.
(ii)
Review
Not later than 60 days after a proposal for
an agreement under clause (i) has been presented to a Data
Integrity Board
established under section 552a(u) for consideration, the Data
Integrity Board
shall approve or deny the agreement.
(iii)
Termination date
An agreement under clause (i)—
(I) shall have a termination date of less than
3 years; and
(II) during the 3-month period ending on the
date on which the agreement is scheduled to terminate, may be
renewed by the
agencies entering the agreement for not more than 3 years.
(iv)
Multiple agencies
For purposes of this subparagraph, section
552a(o)(1) shall be applied by substituting between the source agency
and the recipient agency or non-Federal agency or an agreement
governing
multiple agencies’ for ‘between the source agency and the recipient
agency or
non-Federal agency in the matter preceding subparagraph (A).
(v)
Cost-benefit analysis
An agreement under clause (i) may be
entered without regard to section 552a(o)(1)(B), relating to a
cost-benefit
analysis of the proposed matching program.
(vi)
Guidance by the office of management and
budget
Not later than 6
months after the date of enactment of the Workers' Compensation Reform Act of 2013,
and in consultation with the Council of Inspectors General on
Integrity and
Efficiency, the Secretary of Health and Human Services, the
Commissioner of
Social Security, and the head of any other relevant agency, the
Director of the
Office of Management and Budget shall—
(I) issue guidance for agencies regarding
implementing this subparagraph, which shall include standards for
reimbursement
costs, when necessary, between agencies; and
(II) establish standards and develop standard
matching agreements for the purpose of improving the process for
establishing
data use or computer matching agreements.
(2)
Compliance
The Secretary, the Postmaster General, and
each Inspector General shall ensure that any information provided
to an
individual or entity under this section is provided in accordance
with
protocols established under paragraph (1).
(3)
Rule of construction
Nothing in this section shall be construed
to affect the rights of an individual under section 552a(p).
(f)
Report
Not later than 1 year after the date of
enactment of this section, and annually thereafter for 5 years, the
Secretary
shall submit a report on the activities of the Secretary under this
section,
including implementation of the Integrity and Compliance Program,
to—
(1) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Committee on Oversight and Government
Reform and the Committee on Education and the Workforce of the
House of
Representatives.
(g)
GAO review
The Comptroller General of the United
States shall—
(1) conduct periodic reviews of the Integrity
and Compliance Program; and
(2) submit reports on the results of the
reviews under paragraph (1) to the Committee on Homeland Security
and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform and the Committee on Education and the Workforce
of the House
of Representatives not later than—
(A) 2 years after the date of enactment of this
section; and
(B) 3 years after submission of the report
under subparagraph
(A).
.
(b)
Technical and conforming
amendment
The table of
sections for chapter 81 is amended by inserting after the item relating to
section 8152 the following:
8153. Integrity and Compliance
Program.
.
(c)
Effective
date
This section and the
amendments made by this section shall take effect on the date of enactment
of
this Act.
513.
Amount of compensation
(a)
Injuries to face, head, and
neck
Section 8107(c)(21) is
amended—
(1) by striking not to exceed
$3,500 and inserting in proportion to the severity of the
disfigurement, not to exceed $50,000,; and
(2) by adding at the end the following:
The maximum amount of compensation under this paragraph shall be
increased on March 1 of each year by the amount determined by the
Secretary of
Labor to represent the percent change in the price index published for
December
of the preceding year over the price index published for the December of
the
year prior to the preceding year, adjusted to the nearest one-tenth of 1
percent..
(b)
Funeral expenses
Section 8134(a) is amended—
(1) by striking $800 and
inserting $6,000; and
(2) by adding at the end the following:
The maximum amount of compensation under this subsection shall be
increased on March 1 of each year by the amount determined by the
Secretary of
Labor to represent the percent change in the price index published for
December
of the preceding year over the price index published for the December of
the
year prior to the preceding year, adjusted to the nearest one-tenth of 1
percent..
(c)
Application
The amendments made by this section shall
apply to injuries or deaths, respectively, occurring on or after the date
of
enactment of this Act.
514.
Terrorism
injuries; zones of armed conflict
(a)
Covering
terrorism injuries
Section 8102(b) is amended in the matter
preceding paragraph (1)—
(1) by inserting
or from an attack by a terrorist or terrorist organization, either known
or unknown, after force or individual,; and
(2) by striking
outside and all that follows through 1979) and
inserting outside of the United States.
(b)
Continuation of
pay in a zone of armed conflict
Section 8118, as amended by
section 508(b) of this Act, is amended—
(1) in subsection
(b), by striking Continuation and inserting Except as
provided under subsection (d)(2), continuation;
(2) in subsection
(c), as redesignated by section 508(b)(4) of this Act, by striking
subsection (a) and inserting subsection (a) or
(d); and
(3) inserting before
subsection (e) the following:
(d)
Continuation of
pay in a zone of armed conflict
(1)
In
general
Notwithstanding subsection (a), the United States shall
authorize the continuation of pay of an employee described in
subparagraph (A),
(C), (D), or (F) of section 8101(1), who—
(A) files a claim for
a period of wage loss due to an injury in performance of duty in a
zone of
armed conflict (as determined by the Secretary of Labor under
paragraph (3));
and
(B) files the claim
for such wage loss benefit with the immediate superior of the
employee not
later than 45 days after the later of—
(i) the termination
of the assignment of the employee to the zone of armed conflict; or
(ii) the return of
the employee to the United States.
(2)
Continuation of
pay
Notwithstanding subsection (b), continuation of pay under
this subsection shall be furnished for a period not to exceed 135
days without
any break in time or waiting period, unless controverted under
regulations
prescribed by the Secretary of Labor.
(3)
Determination
of zones of armed conflict
For purposes of this subsection, the
Secretary of Labor, in consultation with the Secretary of State and
the
Secretary of Defense, shall determine whether a foreign country or
other
foreign geographic area outside of the United States (as defined in
section
202(a)(7) of the State Department Basic Authorities Act of 1956 (22
U.S.C.
4302(a)(7)) is a zone of armed conflict based on whether—
(A) the Armed Forces
of the United States are involved in hostilities in the country or
area;
(B) the incidence of
civil insurrection, civil war, terrorism, or wartime conditions
threatens
physical harm or imminent danger to the health or well-being of
United States
civilian employees in the country or area;
(C) the country or
area has been designated a combat zone by the President under
section 112(c) of
the Internal Revenue Code of 1986;
(D) a contingency
operation involving combat operations directly affects civilian
employees in
the country or area; or
(E) there exist other
relevant conditions and
factors.
.
515.
Technical and conforming
amendments
Chapter 81 is
amended—
(1) in section 8101(1)(D), by inserting
for an injury that occurred before the effective date of section 204(e)
of the District of Columbia Self-Government and Governmental
Reorganization Act
(Public Law 93–198; 87 Stat. 783; 5 U.S.C. 8101 note) before the
semicolon;
(2) in section 8139, by inserting under
this subchapter after Compensation awarded; and
(3) in section 8148(a), by striking
section 8106 and inserting section 8106a.
516.
Regulations
(a)
In general
As soon as possible after the date of
enactment of this Act, the Secretary of Labor shall promulgate regulations
(which may include interim final regulations) to carry out this title.
(b)
Contents
The regulations promulgated under
subsection (a) shall include, for purposes of the amendments made by
sections
502 and 503, clarification of—
(1) what is a claim; and
(2) what is the date on which a period of
disability, for which a claim is made, commences.
517.
Effective
date
Except as otherwise
provided in this title, this title and the amendments made by this title
shall
take effect 60 days after the date of enactment of this Act.
VI
Property
management and expedited disposal of real property
601.
Short
title
This title may be cited
as the Federal Real Property Asset
Management Reform Act of 2013.
602.
Purpose
The purpose of this title is to increase the
efficiency and effectiveness of the Federal Government in managing real
property by—
(1) requiring agencies to maintain an
up-to-date inventory of real property;
(2) establishing a Federal Real Property
Council to develop guidance on and ensure the implementation of strategies
for
better managing Federal real property; and
(3) authorizing a pilot program to expedite the
disposal of surplus real property.
603.
Property management
and expedited disposal of real property
Chapter 5 of subtitle I of title 40, United
States Code, is amended by adding at the end the following:
VII
Property management and expedited disposal of
real property
621.
Definitions
In this subchapter:
(1)
Administrator
The
term Administrator means the Administrator of General
Services.
(2)
Council
The
term Council means the Federal Real Property Council established
by section 623(a).
(3)
Director
The
term Director means the Director of the Office of Management and
Budget.
(4)
Disposal
The
term disposal means any action that constitutes the removal of any
real property from the Federal inventory, including sale, deed,
demolition, or
exchange.
(5)
Excess
property
The term excess property means any real
property under the control of a Federal agency that the head of the
Federal
agency determines is not required to meet the needs or
responsibilities of the
Federal agency.
(6)
Federal
agency
The term Federal agency means—
(A) an executive
department or independent establishment in the executive branch of
the
Government; or
(B) a wholly owned
Government corporation.
(7)
Field
office
The term field office means any office of a
Federal agency that is not the headquarters office location for the
Federal
agency.
(8)
Postal
property
The term postal property means any building
owned by the United States Postal Service.
(9)
Surplus
property
(A)
In
general
The term surplus property means excess real
property that is not required to meet the needs or responsibilities
of any
Federal agency.
(B)
Exclusions
The
term surplus property does not include—
(i) any military
installation (as defined in section 2910 of the Defense Base
Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note; Public Law 101–510));
(ii) any property that
is excepted from the definition of the term property under section
102;
(iii) Indian and native Eskimo property held in
trust by the Federal Government as described in section
3301(a)(5)(C)(iii);
(iv) real property
operated and maintained by the Tennessee Valley Authority pursuant
to the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);
(v) any real property
the Director excludes for reasons of national security;
(vi) any public lands
(as defined in section 203 of the Public Lands Corps Act of 1993
(16 U.S.C.
1722)) administered by—
(I) the Secretary of
the Interior, acting through—
(aa) the Director of
the Bureau of Land Management;
(bb) the Director of
the National Park Service;
(cc) the Commissioner
of Reclamation; or
(dd) the Director of
the United States Fish and Wildlife Service; or
(II) the Secretary of
Agriculture, acting through the Chief of the Forest Service; or
(vii) any property
operated and maintained by the United States Postal Service.
(10)
Underutilized
property
The term underutilized property means a
portion or the entirety of any real property, including any
improvements, that
is used—
(A) irregularly
or intermittently by the accountable Federal agency for program
purposes of the
Federal agency; or
(B) for program
purposes that can be satisfied only with a portion of the property.
622.
Duties of
Federal agencies
Each Federal
agency shall—
(1) maintain
adequate inventory controls and accountability systems for real
property under
the control of the Federal agency;
(2) develop
current and future workforce projections so as to have the capacity
to assess
the needs of the Federal workforce regarding the use of real
property;
(3) continuously
survey real property under the control of the Federal agency to
identify excess
property, underutilized property, and other real property suitable
to be used
for—
(A) colocation with
other Federal agencies; or
(B) consolidation
with other facilities;
(4) promptly
report excess property and underutilized property to the
Administrator;
(5) establish
goals that will lead the Federal agency to reduce excess property
and
underutilized property in the inventory of the Federal agency;
(6) submit to the
Council a report on all excess property and underutilized property
in the
inventory of the Federal agency, including—
(A) whether
underutilized property can be better utilized; and
(B) the extent to
which the Federal agency believes that the underutilized property
serves the
needs of the Federal agency to retain underutilized property;
(7) adopt
workplace practices, configurations, and management techniques that
can achieve
increased levels of productivity and decrease the need for real
property
assets;
(8) assess leased
space to identify space that is not fully used or occupied;
(9) on an annual
basis and subject to the guidance of the Council—
(A) conduct an
inventory of real property under control of the Federal agency; and
(B) make an
assessment of each real property, which shall include—
(i) the age and
condition of the property;
(ii) the size of the
property in square footage and acreage;
(iii) the
geographical location of the property, including an address and
description;
(iv) the extent to
which the property is being utilized;
(v) the actual annual
operating costs associated with the property;
(vi) the total cost
of capital expenditures associated with the property;
(vii) sustainability
metrics associated with the property;
(viii) the number of
Federal employees and functions housed at the property;
(ix) the extent to
which the mission of the Federal agency is dependent on the
property;
(x) the estimated
amount of capital expenditures projected to maintain and operate
the property
over each of the next 5 years after the date of enactment of this
subchapter;
and
(xi) any additional
information required by the Administrator to carry out section 624;
and
(10) provide to the
Council and the Administrator the information described in
paragraph (9)(B) to
be used for the establishment and maintenance of the database
described in
section 624.
623.
Colocation
among United States Postal Service properties
(a)
Identification
of postal property
Each year, the Postmaster General may—
(1) identify a
list of postal properties with space available for use by Federal
agencies;
and
(2) submit the
list to the Council.
(b)
Submission
of list of postal properties to Federal agencies
(1)
In
general
Not later than 30 days after the completion of a list
under subsection (a), the Council shall provide the list to each
Federal
agency.
(2)
Review by
Federal agencies
Not later than 90 days after the receipt of the
list submitted under paragraph (1), each Federal agency shall—
(A) review the
list;
(B) identify real
property assets under the control of the Federal agency; and
(C) recommend
colocations if appropriate.
(c)
Terms of
colocation
On approval of the recommendations under subsection
(b) by the Postmaster General and the applicable agency head, the
Federal
agency or appropriate landholding entity may work with the
Postmaster General
to establish appropriate terms of a lease for each postal property.
624.
Establishment
of a Federal Real Property Council
(a)
Establishment
There is established a Federal Real
Property Council.
(b)
Purpose
The purpose of the Council shall be—
(1) to develop guidance and ensure
implementation of an efficient and effective real property
management
strategy;
(2) to identify opportunities for the Federal
Government to better manage real property assets; and
(3) to reduce the costs of managing real
property, including operations, maintenance, and security.
(c)
Composition
(1)
In
general
The Council shall be
composed exclusively of—
(A) the senior real property officers of each
Federal agency;
(B) the Deputy Director for Management of the
Office of Management and Budget;
(C) the Controller of the Office of Management
and Budget;
(D) the Administrator; and
(E) any other full-time or permanent part-time
Federal officials or employees, as the Chairperson determines to be
necessary.
(2)
Chairperson
The Deputy Director for Management of the
Office of Management and Budget shall serve as Chairperson of the
Council.
(3)
Executive
Director
(A)
In
general
The Chairperson shall designate an Executive Director to
assist in carrying out the duties of the Council.
(B)
Qualifications;
full-time
The Executive Director shall—
(i) be appointed from
among individuals who have substantial experience in the areas of
commercial
real estate and development, real property management, and Federal
operations
and management; and
(ii) serve full
time.
(d)
Meetings
(1)
In
general
The Council shall meet subject to the call of the
Chairperson.
(2)
Minimum
The
Council shall meet not fewer than 4 times each year.
(e)
Duties
The Council, in consultation with the
Director and the Administrator, shall—
(1) not later than 1 year after the date of
enactment of this subchapter, establish a real property management
plan
template, to be updated annually, which shall include performance
measures,
specific milestones, measurable savings, strategies, and
government-wide goals
based on the goals established under section 622(5) to reduce
surplus property
or to achieve better utilization of underutilized property, and
evaluation
criteria to determine the effectiveness of real property management
that are
designed—
(A) to enable
Congress and heads of Federal agencies to track progress in the
achievement of
real property management objectives on a government-wide basis;
(B) to improve the
management of real property; and
(C) to allow for
comparison of the performance of Federal agencies against industry
and other
public sector agencies in terms of performance;
(2) develop standard
use rates consistent throughout each category of space and with
nongovernmental
space use rates;
(3) develop a
strategy to reduce the reliance of Federal agencies on leased space
for
long-term needs if ownership would be less costly;
(4) provide guidance
on eliminating inefficiencies in the Federal leasing process;
(5) compile a
list of real property assets that are field offices that are
suitable for
colocation with other real property assets; and
(6) not later
than 1 year after the date of enactment of this subchapter and
annually during
the 4-year period beginning on the date that is 1 year after the
date of
enactment of this subchapter and ending on the date that is 5 years
after the
date of enactment of this subchapter, the Council shall submit to
the Director
a report that contains—
(A) a list of the
remaining excess property, surplus property, and underutilized
properties of
each Federal agency;
(B) the progress of
the Council toward developing guidance for Federal agencies to
ensure that the
assessment required under section 622(9)(B) is carried out in a
uniform manner;
and
(C) the progress of
Federal agencies toward achieving the goals established under
section
622(5).
(f)
Consultation
In
carrying out the duties described in subsection (e), the Council
shall also
consult with representatives of—
(1) State, local,
tribal authorities, and affected communities; and
(2) appropriate
private sector entities and nongovernmental organizations that have
expertise
in areas of—
(A) commercial real
estate and development;
(B) government
management and operations;
(C) space
planning;
(D) community
development, including transportation and planning; and
(E) historic
preservation.
(g)
Council
resources
The Director and
the Administrator shall provide staffing, and administrative
support for the
Council, as appropriate.
625.
Federal
real property inventory and database
(a)
In
general
Not later than 1 year
after the date of enactment of this subchapter, the Administrator
shall
establish and maintain a single, comprehensive, and descriptive
database of all
real property under the custody and control of all Federal
agencies.
(b)
Contents
The
database shall include—
(1) information
provided to the Administrator under section 622(9)(B); and
(2) a list of real
property disposals completed, including—
(A) the date and
disposal method used for each real property;
(B) the proceeds
obtained from the disposal of each real property;
(C) the amount of
time required to dispose of the real property, including the date
on which the
real property is designated as excess property;
(D) the date on which
the property is designated as surplus property and the date on
which the
property is disposed; and
(E) all costs
associated with the disposal.
(c)
Accessibility
(1)
Committees
The
database established under subsection (a) shall be made available
on request to
the Committee on Homeland Security and Governmental Affairs and the
Committee
on Environment and Public Works of the Senate and the Committee on
Oversight
and Government Reform and the Committee on Transportation and
Infrastructure of
the House of Representatives.
(2)
General
public
Not later than 3 years after the date of enactment of this
subchapter and to the extent consistent with national security, the
Administrator shall make the database established under subsection
(a)
accessible to the public at no cost through the website of the
General Services
Administration.
626.
Limitation on
certain leasing authorities
(a)
In
general
Except as provided in
subsection (b), not later than December 31 of each year following
the date of
enactment of this subchapter, a Federal agency with independent
leasing
authority shall submit to the Council a list of all leases,
including operating
leases, in effect on the date of enactment of this subchapter that
includes—
(1) the date on which
each lease was executed;
(2) the date on which
ease lease will expire;
(3) a description of
the size of the space;
(4) the location of
the property;
(5) the tenant
agency;
(6) the total annual
rental rate; and
(7) the amount of the
net present value of the total estimated legal obligations of the
Federal
Government over the life of the contract.
(b)
Exception
Subsection
(a) shall not apply to—
(1) the United States
Postal Service;
(2) the Department of
Veterans Affairs; or
(3) any other
property the President excludes from subsection (a) for reasons of
national
security.
627.
Expedited
disposal pilot program
(a)
Establishment
The
Director shall establish a pilot program to dispose of, by sale,
transfer, or
other means of disposal, any surplus property.
(1)
Properties for
expedited disposal
(A)
In
general
On an annual basis, the Director may authorize the
expedited disposal of not more than 200 surplus properties.
(B)
Priority
In
determining which properties to dispose of, the Director shall give
priority to
surplus properties that have the highest fair market value and the
greatest
potential for disposal.
(C)
Costs
associated with disposal
(i)
In
general
The Administrator may obligate an amount to pay any
direct and indirect costs under section 572 related to identifying
and
preparing properties to be reported as excess property by a Federal
agency.
(ii)
Reimbursement
An
amount obligated under clause (i) shall be paid from the proceeds
of any sale
of real property under this subsection.
(iii)
Net
proceeds
Net proceeds shall be distributed under subsection
(b).
(D)
Maximum net
proceeds
Any real property authorized to be disposed of by sale
of under subparagraph (A) shall disposed of in a manner that, as
determined by
the Administrator in consultation with the head of the applicable
Federal
agency, is structured and marketed to maximize the value to the
Federal
Government.
(E)
Monetary
proceeds requirement
Surplus property may be disposed of under
this section only if disposal of the property will generate
monetary proceeds
to the Federal Government that—
(i) exceed the costs
of disposal of the property; and
(ii) are not less
than 90 percent of fair market value.
(2)
Applicability
of certain law
Any expedited disposal of real property conducted
under this section shall not be subject to—
(A) any section
of An Act Authorizing the Transfer of Certain Real Property for
Wildlife, or
Other Purposes (16 U.S.C. 667b);
(B) sections 107
and 317 of title 23;
(C) sections
545(b)(8), 550, 553, 554, and 1304(b);
(D) section 501
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
(E) section 47151
of title 49; or
(F) section 13(d)
of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)).
(3)
Effect
Except
as provided in paragraph (2), nothing in this subchapter terminates
or in any
way limits the authority of any Federal agency under any other
provision of law
to dispose of real property.
(b)
Use of
proceeds
(1)
In
general
Of the proceeds received from the disposal of any real
property under this subchapter—
(A) not less than 80
percent shall be returned to the general fund of the Treasury for
debt
reduction;
(B) the lesser of
18 percent or the share of proceeds otherwise authorized to be
retained under
law shall be retained by the Federal agency that has custody and is
accountable
for the real property, subject to paragraph (2);
(C) not greater
than 2 percent shall be made available to carry out section 627,
subject to
annual appropriations; and
(D) any remaining
share of the proceeds shall be returned to the general fund of the
Treasury for
Federal budget deficit reduction.
(2)
Limitation
on use of proceeds
Any proceeds retained by Federal agencies
under this section shall be—
(A) deposited
into the appropriate real property account of the Federal agency
that had
custody and accountability for the real property, with the funds
expended only
as authorized in annual appropriations Acts;
(B) used—
(i) by not later
than 2 years after the date of disposal of the real property; and
(ii) only for
activities relating to Federal real property asset management and
disposal;
and
(C) if not used
by the date described in subparagraph (B)(i), shall be deposited in
the
Treasury and used for Federal budget deficit reduction.
(c)
Public
benefit
(1)
Conveyance
Except
as provided in paragraph (2), if a real property authorized to be
disposed of
under subsection (a) has not been disposed of by the date that is 2
years after
the date the property is listed for sale, the Director, in
consultation with
the Administrator and the Secretary of Housing and Urban
Development, may
consider a request from the disposing Federal agency that the real
property be
conveyed to State and local governments or nonprofit organizations
for various
public purposes or uses as permitted by applicable law.
(2)
Predominant use
and size standards
(A)
In
general
Any real property authorized to be disposed of under
subsection (a) shall not be conveyed under paragraph (1) if—
(i) the predominant
use of the property is not for housing; and
(ii)
(I) the area of the
property is not less than 25,000 square feet; or
(II) the appraised fair market value of the
property is greater than $1,000,000.
(B)
Appraised fair
market value
The appraised fair market value described in
subparagraph (A)(ii)(II) shall be determined by the Federal agency
with custody
or control of the property, in consultation with the Administrator
and standard
appraisal practice.
(d)
Enforcement
(1)
Increase in
size of inventory
Except as
provided in paragraph (2), if a Federal agency fails to make
available for
public sale the real property authorized to be disposed of under
subsection (a)
by the date that is 18 months after the date on which the
authorization is made
under subsection (a), that Federal agency, except for specific
exceptions
promulgated by the Director, shall not increase the size of the
civilian real
property inventory, unless the square footage of the increase is
offset, within
an appropriate time as determined by the Director, through
consolidation,
colocation, or disposal of another building space from the
inventory of that
Federal agency.
(2)
Exception
Paragraph (1) shall not apply to a Federal
agency that acquires any real property not under the administrative
jurisdiction of the Federal Government, by sale or lease, until the
Director
submits a certification to Congress of the disposal of all of those
surplus
properties.
(e)
Termination of authority
The authority provided by this section
terminates on the date that is 5 years after the date of enactment
of this
subchapter.
628.
Homeless
assistance grants
(a)
Definitions
In
this section:
(1)
Eligible
nonprofit organization
The term eligible nonprofit
organization means a nonprofit organization that is a representative of
the homeless.
(2)
Homeless
The term homeless has the
meaning given the term in section 103 of the McKinney-Vento
Homeless Assistance
Act (42 U.S.C. 11302), except that subsection (c) of that section
shall not
apply.
(3)
Permanent
housing
The term permanent housing has the meaning
given the term in section 401 of the McKinney-Vento Homeless
Assistance Act (42
U.S.C. 11360).
(4)
Private
nonprofit organization
The term private nonprofit
organization has the meaning given the term in section 401 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
(5)
Representative
of the homeless
The term representative of the
homeless has the meaning given the term in section 501(i) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)).
(6)
Secretary
The
term Secretary means the Secretary of Housing and Urban
Development.
(7)
Transitional
housing
The term transitional housing has the
meaning given the term in section 401 of the McKinney-Vento
Homeless Assistance
Act (42 U.S.C. 11360).
(b)
Grant
authority
(1)
In
general
To the extent amounts
are made available under section 626(b)(1)(B) for use under this
section, the
Secretary shall make grants to eligible private nonprofit
organizations through
the continuum of care program established under subtitle C of title
IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.),
to purchase
real property suitable for use to assist the homeless in accordance
with
subsection (c).
(2)
Terms and
conditions
Except as otherwise provided in this section, a grant
under this section shall be subject to the same terms and
conditions as a grant
under the continuum of care program established under subtitle C of
title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et
seq.).
(c)
Use of
properties for housing or shelter for the homeless
(1)
Eligible
uses
An eligible private
nonprofit organization that receives a grant under subsection (b)
shall use the
amounts received only to purchase or rehabilitate real property for
use to
provide permanent housing, transitional housing, or temporary
shelter to the
homeless.
(2)
Term of
use
The Secretary may not
make a grant under subsection (b) to an eligible private nonprofit
organization
unless the eligible private nonprofit organization provides to the
Secretary
such assurances as the Secretary determines necessary to ensure
that any real
property purchased or rehabilitated using amounts received under
the grant is
used only for the uses described in paragraph (1) for a period of
not less than
15 years.
(d)
Preference
In awarding grants under subsection (b),
the Secretary shall give preference to eligible private nonprofit
organizations
that operate within areas in which Federal real property is being
sold under
the disposal program authorized under section 626.
(e)
Regulations
The
Secretary may promulgate such regulations as are necessary to carry
out this
section.
.
604.
Report of
the Comptroller General
(a)
Draft
Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States shall
submit to Congress a draft report on the expedited disposal pilot program
established by the amendments made by section 3.
(b)
Final
Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United States shall
submit to Congress a final report on the expedited disposal pilot program
established by the amendments made by section 3.
605.
Technical
and conforming amendment
The
table of sections for chapter 5 of subtitle I of title 40, United States
Code,
is amended by inserting after the item relating to section 611 the
following:
SUBCHAPTER VII—Property management and expedited disposal of
real property621. Definitions.622. Duties of Federal agencies.623. Colocation among United States Postal Service
properties.624. Establishment of a Federal Real Property
Council.625. Federal real property inventory and database.626. Limitation on certain leasing authorities.627. Expedited disposal pilot program.628. Homeless assistance
grants.
.
1.
Short
title
This Act may be cited as
the Postal Reform Act of 2014.
2.
Table of
contents
The table of contents
for this Act is as follows:
Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. Definitions.TITLE I—Postal Service workforceSec. 101. Annual Federal Employee Retirement System and Civil Service Retirement System
assessments.Sec. 102. Postal Service authority to negotiate retirement benefit terms for new employees.Sec. 103. Restructuring of payments for retiree health benefits.Sec. 104. Postal Service Health Benefits Program.Sec. 105. Labor disputes.Sec. 106. Prefunding and financial reporting with respect to workers’ compensation liability.Sec. 107. Right of appeal to Merit Systems Protection Board.Sec. 108. Supervisory and other managerial organizations.TITLE II—Postal Service operationsSec. 201. Maintenance of delivery service standards.Sec. 202. Preserving mail processing capacity; review of discontinuances, closings, and
consolidations.Sec. 203. Preserving community post offices.Sec. 204. Changes to mail delivery schedule.Sec. 205. Delivery point modernization.Sec. 206. Postal services for market-dominant products.Sec. 207. Report on pilot program for use of natural gas and propane for postal trucks.Sec. 208. Capitol Complex post offices.Sec. 209. Lawful possession of firearms in post office parking lots.TITLE III—Postal Service revenueSec. 301. Postal rates.Sec. 302. Nonpostal services.Sec. 303. Shipping of wine, beer, and distilled spirits.TITLE IV—Postal Service governanceSec. 401. Board of Governors of the Postal Service.Sec. 402. Strategic Advisory Commission on Postal Service Solvency and Innovation.Sec. 403. Long-term solvency plan; annual financial plan and budget.Sec. 404. Chief Innovation Officer; innovation strategy.Sec. 405. Area and district office structure.Sec. 406. Inspector General of the Postal Service.Sec. 407. Postal Regulatory Commission.Sec. 408. Postal Service contracts and congressional oversight authority.TITLE V—Federal Employees’ Compensation ActSec. 501. Short title; references.Sec. 502. Federal workers compensation reforms for retirement-age employees.Sec. 503. Augmented compensation for dependents.Sec. 504. Schedule compensation payments.Sec. 505. Vocational rehabilitation.Sec. 506. Reporting requirements.Sec. 507. Disability management review; independent medical examinations.Sec. 508. Waiting period.Sec. 509. Election of benefits.Sec. 510. Sanction for noncooperation with field nurses.Sec. 511. Subrogation of continuation of pay.Sec. 512. Integrity and compliance.Sec. 513. Amount of compensation.Sec. 514. Terrorism injuries; zones of armed conflict.Sec. 515. Technical and conforming amendments.Sec. 516. Regulations.Sec. 517. Effective date.TITLE VI—Property management and expedited disposal of real propertySec. 601. Short title.Sec. 602. Purpose.Sec. 603. Property management and expedited disposal of real property.Sec. 604. Report of the Comptroller General.Sec. 605. Technical and conforming amendment.
3.
Definitions
In this Act, the following definitions shall
apply:
(1)
Commission
The
term Commission means the Postal Regulatory Commission.
(2)
Postal Service
The term Postal Service means the United
States Postal Service.
I
Postal Service
workforce
101.
Annual Federal Employee Retirement System and Civil Service Retirement System assessments
(a)
Use of postal-specific assumptions in normal cost calculation
(1)
In general
Section 8423(a) of title 5, United States Code, is amended—
(A) in paragraph (1), by inserting other than the United States Postal Service after Each employing agency; and
(B) by adding at the end the following:
(5)
(A) The United States Postal Service shall contribute to the Fund an amount equal to the product of—
(i) the normal-cost percentage, as determined for employees of the United States Postal Service under
subparagraph (B), multiplied by
(ii) the aggregate amount of basic pay payable by the United States Postal Service, for the period
involved, to employees of the United States Postal Service.
(B)
(i) In determining the normal-cost percentage for employees of the United States Postal Service, the
Office shall use—
(I) demographic factors specific to the employees; and
(II) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends
specific to the employees.
(ii) The United States Postal Service shall provide any data or projections the Office requires in order
to determine the normal-cost percentage for employees of the United States
Postal Service consistent with clause (i).
(iii) Notwithstanding paragraph (2), in determining the normal-cost percentage to be applied for
employees of the United States Postal Service, the Office shall take into
account amounts provided under section 8422 and amounts provided under
section 1005(g)(3)(A)(i) of title 39.
(iv) The Office shall review the determination of the normal-cost percentage for employees of the United
States Postal Service and make such adjustments as the Office determines
are necessary—
(I) upon request of the United States Postal Service, but no more frequently than once each fiscal
year; and
(II) at any additional times, as the Office considers appropriate.
.
(2)
Initial determination
Not later than 180 days after the date on which the Office receives the appropriate data or
projections from the Postal Service under clause (ii) of section
8423(a)(5)(B) of title 5, United States Code, as added by paragraph (1),
the Office shall determine the normal-cost percentage for employees of the
Postal Service in accordance with the requirements under such section
8423(a)(5)(B).
(3)
Applicability
On and after the date on which the Office determines the normal-cost percentage under paragraph
(2), the contributions of the Postal Service to the Civil Service
Retirement and Disability Fund relating to employees covered under chapter
84 of title 5, United States Code, shall be determined in accordance with
paragraph (5) of section 8423(a) of title 5, United States Code, as added
by paragraph (1).
(b)
Postal funding surplus or liability
(1)
Treatment of postal funding surplus
Section 8423(b) of title 5, United States Code, is amended—
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following:
(5)
(A) In this paragraph, the term postal funding surplus means the amount by which the amount of supplemental liability computed under paragraph (1)(B) is
less than zero.
(B) After the date on which the Office determines under paragraph (7)(C) the amount of supplemental
liability computed under paragraph (1)(B) as of the close of the fiscal
year ending on September 30, 2013, not later than the date on which the
Postmaster General makes a request under subparagraph (C) of this
paragraph, and if the amount determined under paragraph (7)(C) is less
than zero, the Postmaster General may request that some or all of the
amount of the postal funding surplus, not to exceed $6,000,000,000, be
returned to the United States Postal Service, and not later than 10 days
after the request, the Director shall transfer to the United States Postal
Service from the Fund an amount equal to the portion of the postal funding
surplus requested, for use in accordance with subparagraph (E)(i).
(C)
(i) Subject to clause (ii), after the date on which the Office computes the amount of supplemental
liability under paragraph (1)(B) as of the close of the fiscal year ending
on September 30, 2014, and if such amount is less than zero, the
Postmaster General may request that some of the amount of the postal
funding surplus, not to exceed 2/3 of the amount, be returned to the United States Postal Service, and not later than 10 days after
the request, the Director shall transfer to the United States Postal
Service from the Fund an amount equal to the portion of the postal funding
surplus requested, for use in accordance with subparagraph (E)(ii).
(ii) If any amount requested by the Postmaster General under subparagraph (B) is not transferred from
the Fund as of the close of the fiscal year ending on September 30, 2014,
for purposes of this subparagraph, the Office shall recompute the amount
of supplemental liability computed under paragraph (1)(B) as of the close
of that fiscal year by subtracting from the balance of the Fund the amount
requested under subparagraph (B) of this paragraph.
(D) If the amount of supplemental liability computed under paragraph (1)(B) as of the close of any
fiscal year commencing after September 30, 2014, is less than zero, the
Office shall establish an amortization schedule, including a series of
equal annual installments that—
(i) provide for the liquidation of the postal funding surplus in 40 years, commencing on September 30
of the subsequent fiscal year; and
(ii) shall be transferred to the United States Postal Service from the Fund for use in accordance with
subparagraph (E)(ii).
(E)
(i) The United States Postal Service may use an amount transferred under subparagraph (B) only for the
purpose of repaying any obligation issued under section 2005(a) of title
39.
(ii) The United States Postal Service may use an amount transferred under subparagraph (C) or (D) only—
(I) by directing that some or all of the amount be transferred to the Postal Service Retiree Health
Benefits Fund for the purpose of reducing any Postal Service actuarial
liability referred to under section 8909a;
(II) by directing that some or all of the amount be transferred to the Civil Service Retirement and
Disability Fund for the purpose of reducing any supplemental liability
under section 8348(h);
(III) by directing that some or all of the amount be transferred to the Civil Service Retirement and
Disability Fund for the purpose of reducing any supplemental liability
under section 8423(b)(1)(B);
(IV) by directing that some or all of the amount be transferred to the Postal Service Workers’
Compensation Accrued Liability Fund for the purpose of reducing any Postal
Service actuarial liability under section 2012 of title 39; or
(V) as described in clause (i), if none of the liabilities referred to in subclause (I), (II), (III),
or (IV) remain unpaid.
.
(2)
Supplemental liability calculation
(A)
FERS
Section 8423(b) of title 5, United States Code, as amended by paragraph (1) of this subsection, is
amended—
(i) in paragraph (6), as so redesignated, in the matter preceding subparagraph (A), by striking For the purpose and inserting Subject to paragraph (7), for the purpose; and
(ii) by adding at the end the following:
(7)
(A) For the purpose of carrying out paragraph (1)(B) with respect to the fiscal year ending September
30, 2013, and each fiscal year thereafter, the Office shall, consistent
with subsection (a)(5)(B), use—
(i) demographic factors specific to current and former employees of the United States Postal Service;
and
(ii) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends
specific to current employees of the United States Postal Service.
(B) The United States Postal Service shall provide any data or projections the Office requires in order
to carry out paragraph (1)(B) consistent with subparagraph (A) of this
paragraph.
(C) Not later than 180 days after the later of the date on which the Office receives the appropriate
data or projections from the United States Postal Service under
subparagraph (B) or the date of enactment of the Postal Reform Act of 2014, the Office shall determine or redetermine whether there is a postal funding surplus (as defined
in paragraph (5)) or a supplemental liability described in paragraph
(1)(B) (and the amount thereof) as of the close of the fiscal year ending
on September 30, 2013, in accordance with the requirements under
subparagraph (A) of this paragraph.
.
(B)
CSRS
Section 8348(h) of title 5, United States Code, is amended—
(i) in paragraph (2), by striking subparagraph (B) and inserting the following:
(B)
(i)
(I) Not later than the date on which the Office determines the normal-cost percentage under section
101(a)(2) of the Postal Reform Act of 2014, the Office shall redetermine
the Postal surplus or supplemental liability as of the close of the fiscal
year ending on September 30, 2013, in accordance with the requirements
under paragraph (4).
(II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in
the Fund until distribution is authorized under subparagraph (C).
(III) If the result of the redetermination under subclause (I) is a supplemental liability, the Office
shall establish an amortization schedule, including a series of annual
installments commencing on September 30, 2015, which provides for the
liquidation of such liability by September 30, 2054.
(ii)
(I) The Office shall redetermine the Postal surplus or supplemental liability as of the close of each
fiscal year beginning after September 30, 2013, in accordance with the
requirements under paragraph (4).
(II) If the result of the redetermination under subclause (I) is a surplus, that amount shall remain in
the Fund until distribution is authorized under subparagraph (C).
(III) On and after June 15, 2015, if the result of the redetermination under subclause (I) 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, 2054.
; and
(ii) by adding at the end the following:
(4)
(A) For the purpose of carrying out paragraphs (1) and (2), the Office shall, consistent with section
8423(a)(5)(B), use—
(i) demographic factors specific to current and former employees of the United States Postal Service;
and
(ii) appropriate economic assumptions, as determined by the Office, regarding wage and salary trends
specific to the employees.
(B) The United States Postal Service shall provide any data or projections the Office requires in order
to carry out paragraphs (1) and (2) consistent with subparagraph (A) of
this paragraph.
.
102.
Postal Service authority to negotiate retirement benefit terms for new employees
(a)
Authority to negotiate retirement benefit terms
(1)
Collective bargaining over certain retirement benefits
Section 1005 of title 39, United States Code, is amended by adding at the end the following:
(g)
(1) In this subsection—
(A) the term collective bargaining agreement means a collective bargaining agreement between the Postal Service and a bargaining representative
recognized under section 1203 entered into after the date of enactment of
the Postal Reform Act of 2014;
(B) the term new employee means an individual who becomes an officer or employee of the Postal Service after the date of
enactment of the Postal Reform Act of 2014; and
(C) the term not eligible to receive FERS service credit, with respect to an officer or employee of the Postal Service, means that service by the officer
or employee of the Postal Service as an officer or employee of the Postal
Service shall not be creditable service for purposes of chapter 84 of
title 5.
(2)
(A) A collective bargaining agreement may provide, notwithstanding chapter 84 of title 5, that some or
all new employees covered under the collective bargaining agreement shall
be not eligible to receive FERS service credit for service performed
during any pay period beginning after the effective date of the provision.
(B) If a new employee is not eligible to receive FERS credit pursuant to a collective bargaining
agreement, any subsequent service by the new employee as an officer or
employee of the Postal Service shall not be creditable service for
purposes of chapter 84 of title 5.
(C) Subject to the requirements under this subsection, a collective bargaining agreement may include 1
or more additional retirement benefit plans for the benefit of some or all
new employees covered under the collective bargaining agreement.
(3)
(A) A collective bargaining agreement may establish, with respect to some or all new employees covered
under the collective bargaining agreement—
(i) without regard to section 8422 of title 5—
(I) the amounts to be deducted and withheld from the pay of the new employees for deposit in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund; and
(II) the corresponding adjustment under section 8423(a)(5)(B)(iii) of title 5 to the amount of the
contributions to be made by the Postal Service to the Fund; and
(ii) for any retirement benefit plan established under the collective bargaining agreement, the amounts
to be deducted and withheld from the pay of the new employees under the
retirement benefit plan for the benefit of the new employees.
(B) Except as provided in paragraph (2)(B), a collective bargaining agreement may establish the amounts
described in subparagraph (A)(i) with respect to some or all new employees
who were covered under a previous collective bargaining agreement.
(4)
(A) A collective bargaining agreement among the Postal Service and all bargaining representatives
recognized under section 1203 may establish, without regard to section
8432 of title 5, with respect to some or all new employees covered under
the collective bargaining agreement, whether the Postal Service shall make
contributions to the Thrift Savings Fund for the benefit of the new
employees, and, if the Postal Service shall make such contributions, the
amounts that the Postal Service shall contribute.
(B) A collective bargaining agreement described in subparagraph (A) may not establish more than 1
option regarding the contributions by the Postal Service to the Thrift
Savings Fund that will apply to some or all new employees covered under
the agreement.
(C) If a collective bargaining agreement described in subparagraph (A) is not in effect, and if the
Postal Service or a bargaining representative requests that the Postal
Service and all bargaining representatives commence collective bargaining
to seek such an agreement, the procedures under section 1207(d) shall
apply.
(D) Except as provided in subparagraph (A), nothing in this subsection or in a provision of a
collective bargaining agreement entered under this subsection shall affect
the coverage of an officer or employee of the Postal Service under
subchapter III of chapter 84 of title 5.
.
(2)
Applicability of laws relating to Federal employees
Section 1005 of title 39, United States Code, is amended—
(A) in subsection (d)(1), by striking Officers and inserting Except as provided in subsection (g), officers; and
(B) in subsection (f), in the second sentence—
(i) by inserting 84, before 87,; and
(ii) by striking this subsection. and inserting this subsection or subsection (g)..
(3)
Ineligibility for automatic enrollment in thrift savings plan
Section 8432(b)(2)(D) of title 5, United States Code, is amended—
(A) by striking clause (ii) and inserting clauses (ii) and (iii); and
(B) by adding at the end following:
(iii) An individual for whom a collective bargaining agreement authorized under section 1005(g)(4) of
title 39 establishes whether the Postal Service shall make contributions
to the Thrift Savings Fund for the benefit of the individual and the
amount of the contributions shall not be an eligible individual for
purposes of this paragraph.
.
(b)
Special rules relating to FERS coverage for covered postal employees
(1)
In general
Subchapter II of chapter 84 of title 5, United States Code, is amended by adding at the end the
following:
8426.
Postal Service retirement
(1) The application of sections 8422 and 8423 of this title and subchapters III and VII of this chapter
with respect to an officer or employee of the Postal Service may be
modified as provided under section 1005(g) of title 39.
.
(2)
Technical and conforming amendments
The table of sections for subchapter II of chapter 84 of title 5, United States Code, is amended by
adding at the end the following:
8426. Postal Service retirement.
.
103.
Restructuring
of payments for retiree health benefits
(a)
Contributions
Section
8906(g)(2)(A) of title 5, United States Code, is amended by striking
through September 30, 2016, be paid by the United States Postal Service,
and thereafter shall and inserting after the date of enactment
of the Postal Reform Act of 2014.
(b)
Postal Service
Retiree Health Benefits Fund
Section 8909a of title 5, United
States Code, is amended—
(1) in subsection
(d)—
(A) by striking
paragraph (2) and inserting the following:
(2)
(A) Not later than June 30,
2016, 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, 2055, or within 15 years, whichever is later, including
interest at the
rate used in the computations under this subsection.
(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—
(i) 80 percent of the Postal Service
actuarial liability as of September 30 of the preceding fiscal
year;
and
(ii) the value of the assets of the Postal
Retiree Health Benefits Fund as of September 30 of the preceding
fiscal
year.
;
(B) in paragraph
(3)—
(i) in
subparagraph (A)—
(I) in clause (iii),
by adding and at the end;
(II) in clause (iv),
by striking the semicolon at the end and inserting a period; and
(III) by striking
clauses (v) through (x); and
(ii) in
subparagraph (B)—
(I) in the matter preceding clause (i), by striking 2017 and inserting
2016; and
(II) in clause (ii), by striking paragraph (2)(B). and inserting paragraph (2).;
(C) by amending
paragraph (4) to read as follows:
(4) Computations
under this subsection shall be based on—
(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); and
(B) any other methods
and assumptions, including a health care cost trend rate, that the
Director of
the Office determines to be
appropriate.
;
and
(D) by adding at the
end the following:
(7) In this
subsection, the term Postal Service actuarial liability means the
difference between—
(A) the net present
value of future payments required under section 8906(g)(2)(A) for
current and
future United States Postal Service annuitants; and
(B) the net present
value as computed under paragraph (1) attributable to the future
service of
United States Postal Service employees.
;
and
(2) by adding at the
end the following:
(e) Subsections (a)
through (d) of this section shall be subject to section 104 of the
Postal Reform Act of 2014.
.
(c)
Cancellation of
certain unpaid obligations of the Postal Service
Any obligation
of the Postal Service under section 8909a(d)(3)(A) of title 5, United
States
Code, as in effect on the day before the date of enactment of this Act,
that
remains unpaid as of such date of enactment is cancelled.
(d)
Technical and
conforming amendment
The heading of section 8909a of title 5,
United States Code, is amended by striking Benefit and inserting
Benefits.
104.
Postal Service Health Benefits Program
(a)
Establishment
(1)
In general
Chapter 89 of title 5, United States Code, is amended by inserting after section 8903b the
following:
8903c.
Postal Service Health Benefits Program
(a)
Definitions
In this section—
(1) the term initial participating carrier means a carrier that enters into a contract with the Office to participate in the Postal Service
Health Benefits Program during the contract year beginning in January
2016;
(2) the term Medicare eligible individual means an individual who—
(A) is entitled to Medicare part A, but excluding an individual who is eligible to enroll under such
part under section 1818 of the Social Security Act (42 U.S.C. 1395i–2);
and
(B) is eligible to enroll in Medicare part B;
(3) the term Medicare part A means the Medicare program for hospital insurance benefits under part A of title XVIII of the
Social Security Act (42 U.S.C. 1395c et seq.);
(4) the term Medicare part B means the Medicare program for supplementary medical insurance benefits under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.);
(5) the term Medicare part D means the Medicare insurance program established under part D of title XVIII of the Social
Security Act (42 U.S.C. 1395w–101 et seq.);
(6) the term Office means the Office of Personnel Management;
(7) the term Postal Service means the United States Postal Service;
(8) the term Postal Service annuitant means an annuitant enrolled in a health benefits plan under this chapter whose Government
contribution is paid by the Postal Service or the Postal Service Retiree
Health Benefits Fund under section 8906(g)(2);
(9) the term Postal Service employee means an employee of the Postal Service enrolled in a health benefits plan under this chapter;
(10) the term Postal Service Health Benefits Program means the program of health benefits plans established under subsection (c);
(11) the term Postal Service Medicare eligible annuitant means an individual who—
(A) is a Postal Service annuitant; and
(B) is a Medicare eligible individual;
(12) the term PSHBP plan means a health benefits plan offered under the Postal Service Health Benefits Program; and
(13) the term qualified carrier means a carrier for which the total enrollment in the plans provided under this chapter includes,
in the contract year beginning in January 2015, 5,000 or more enrollees
who are—
(A) Postal Service employees; or
(B) Postal Service annuitants.
(b)
Application of section
The requirements under this section shall—
(1) apply to the contract year beginning in January 2016, and each contract year thereafter; and
(2) supersede other provisions of this chapter to the extent of any specific inconsistency, as
determined by the Office.
(c)
Establishment of the Postal Service Health Benefits Program
(1)
In general
The Office shall establish the Postal Service Health Benefits Program, which shall—
(A) consist of health benefit plans offered under this chapter;
(B) include plans offered by—
(i) each qualified carrier; and
(ii) any other carrier determined appropriate by the Office;
(C) be available for participation by all Postal Service employees, in accordance with subsection (d);
(D) be available for participation by all Postal Service annuitants, in accordance with subsection (d);
(E) not be available for participation by an individual who is not a Postal Service employee or Postal
Service annuitant (except as a family member of such an employee or
annuitant); and
(F) be implemented and administered by the Office.
(2)
Separate Postal Service risk pool
The Office shall ensure that each PSHBP plan includes rates, one for enrollment as an individual,
one for enrollment for self plus one, and one for enrollment for self and
family within each option in the PSHBP plan, that reasonably and equitably
reflect the cost of benefits provided to a risk pool consisting solely of
Postal Service employees and Postal Service annuitants (and family members
of such employees and annuitants), taking into specific account the
reduction in benefits cost for the PSHBP plan due to the Medicare
enrollment requirements under subsection (e) and any savings or subsidies
resulting from subsection (f).
(3)
Actuarially equivalent coverage
The Office shall ensure that each carrier participating in the Postal Service Health Benefits
Program provides coverage under the PSHBP plans offered by the carrier
that is actuarially equivalent, as determined by the Director of the
Office, to the coverage that the carrier provides under the health
benefits plans offered by the carrier under the Federal Employee Health
Benefits Program that are not PSHBP plans.
(d)
Election of coverage
(1)
In general
Except as provided in paragraphs (2) and (3), each Postal Service employee and Postal Service
annuitant who elects to receive health benefits coverage under this
chapter—
(A) shall be subject to the requirements under this section; and
(B) may only enroll in a PSHBP plan.
(2)
Annuitants
A Postal Service annuitant shall not be subject to this section if the Postal Service annuitant—
(A) is enrolled in a health benefits plan under this chapter for the contract year beginning in January
2015 that is not a health benefits plan offered by an initial
participating carrier, unless the Postal Service annuitant voluntarily
enrolls in a PSHBP plan; or
(B) resides in a geographic area for which there is not a PSHBP plan in which the Postal Service
annuitant may enroll.
(3)
Employees
A Postal Service employee who is enrolled in a health benefits plan under this chapter for the
contract year beginning in January 2015 that is not a health benefits plan
offered by an initial participating carrier shall not be subject to the
requirements under this section, except that—
(A) if the Postal Service employee changes enrollment to a different health benefits plan under this
chapter after the start of the contract year beginning in January 2016,
the Postal Service employee may only enroll in a PSHBP plan; and
(B) upon becoming a Postal Service annuitant, if the Postal Service employee elects to continue
coverage under this chapter, the Postal Service employee shall enroll in a
PSHBP plan during the open season that is—
(i) being held when the Postal Service employee becomes a Postal Service annuitant; or
(ii) if the date on which the Postal Service employee becomes a Postal Service annuitant falls outside
of an open season, the first open season following that date.
(e)
Requirement of Medicare enrollment
(1)
Postal Service Medicare eligible annuitants
A Postal Service Medicare eligible annuitant subject to this section may not continue coverage
under the Postal Service Health Benefits Program unless the Postal Service
Medicare eligible annuitant enrolls in Medicare part A, Medicare part B,
and Medicare part D (as part of a prescription drug plan described in
subsection (f)).
(2)
Medicare eligible family members
If a family member of a Postal Service annuitant who is subject to this section is a Medicare
eligible individual, the family member may not be covered under the Postal
Service Health Benefits Program as a family member of the Postal Service
annuitant unless the family member enrolls in Medicare part A, Medicare
part B, and Medicare part D (as part of a prescription drug plan described
in subsection (f)).
(f)
Medicare part D prescription drug benefits
The Office shall require each PSHBP plan to provide prescription drug benefits for Postal Service
annuitants and family members who are eligible for Medicare part D through
a prescription drug plan offered under a waiver under section 1860D–22 of
the Social Security Act (42 U.S.C. 1395w–132).
(g)
Postal Service contribution
(1)
In general
Subject to subsection (i), for purposes of applying section 8906(b) to the Postal Service, the
weighted average shall be calculated in accordance with paragraph (2).
(2)
Weighted average calculation
Not later than October 1 of each year, the Office shall determine the weighted average of the rates
established pursuant to subsection (c)(2) for PSHBP plans that will be in
effect during the following contract year with respect to—
(A) enrollments for self only;
(B) enrollments for self plus one; and
(C) enrollments for self and family.
(h)
Reserves
(1)
Separate reserves
(A)
In general
The Office shall ensure that each PSHBP plan maintains separate reserves (including a separate
contingency reserve) with respect to the enrollees in the PSHBP plan in
accordance with section 8909.
(B)
References
For purposes of the Postal Service Health Benefits Program, each reference to the Government in section 8909 shall be deemed to be a reference to the Postal Service.
(C)
Amounts to be credited
The reserves (including the separate contingency reserve) maintained by each PSHBP plan shall be
credited with a proportionate amount of the funds in the existing reserves
for health benefits plans offered by an initial participating carrier.
(2)
Discontinuation of PSHBP plan
In applying section 8909(e) relating to a PSHBP plan that is discontinued, the Office shall credit
the separate Postal Service contingency reserve maintained under paragraph
(1) for that plan only to the separate Postal Service contingency reserves
of the PSHBP plans continuing under this chapter.
(i)
No effect on existing law
Nothing in this section shall be construed as affecting section 1005(f) of title 39 regarding
variations, additions, or substitutions to the provisions of this chapter.
.
(2)
Technical and conforming amendments
(A) Section 8903(1) of title 5, United States Code, is amended by striking two levels of benefits and inserting 2 levels of benefits for enrollees under this chapter generally and 2 levels of benefits for
enrollees under the Postal Service Health Benefits Program established
under section 8903c.
(B) The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after
the item relating to section 8903b the following:
8903c. Postal Service Health Benefits Program.
.
(b)
Special enrollment period for Postal Service Medicare eligible annuitants and Medicare eligible
family members of Postal Service annuitants
(1)
Special enrollment period
Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the
following new subsection:
(m)
(1)
(A) In the case of any individual who is subject to the enrollment requirement of section 8903c(e) of
title 5, United States Code, who has elected not to enroll (or to be
deemed enrolled) during the individual’s initial enrollment period, there
shall be a special enrollment period described in subparagraph (B).
(B) The special enrollment period described in this subparagraph is the 6-month period, beginning on
August 1, 2015 and ending on January 31, 2016.
(2)
(A) In the case of any individual who—
(i) was initially not subject to the enrollment requirement of section 8903c(e) of title 5, United
States Code;
(ii) is eligible to enroll in a plan under chapter 89 of title 5, United States Code, because of an
involuntary loss of health care coverage;
(iii) upon the involuntary loss of health care coverage, becomes subject to the enrollment requirement of
section 8903c(e) of title 5, United States Code, because of enrollment in
a PSHBP plan; and
(iv) has elected not to enroll (or to be deemed enrolled) during the individual’s initial enrollment
period,
there shall be a special enrollment period described in subparagraph (B).
(B) The special enrollment period described in this subparagraph is the period of time equivalent to
the period of time in which the individual has the ability to enroll in a
PSHBP plan due to the involuntary loss of health care coverage, pursuant
to chapter 89 of title 5, United States Code, and its implementing
regulations.
(C) For purposes of this subsection, the term PSHBP plan has the meaning under section 8903c(a) of title 5, United States Code.
(3) In the case of an individual who enrolls during the special enrollment period provided under
paragraphs (1) and (2), the coverage period under this part shall begin on
the first day of the month in which the individual enrolls.
.
(2)
Waiver of increase of premium
Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking (i)(4) or (l) and inserting (i)(4), (l), or (m).
105.
Labor
disputes
Section 1207(c) of
title 39, United States Code, is amended—
(1) in paragraph
(2)—
(A) by inserting
(A) after (2);
(B) 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
(C) by adding at the
end the following:
(B) In rendering a
decision under this paragraph, the arbitration board shall consider
such
relevant factors as the financial condition of the Postal
Service.
;
and
(2) by adding at the
end the following:
(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).
.
106.
Prefunding and financial reporting with respect to workers’ compensation liability
(a)
Financial provisions relating to workers’ compensation liability
(1)
In general
Chapter 20 of title 39, United States Code, is amended by adding at the end the following:
2012.
Provisions relating to workers’ compensation prefunding
(a)
Definitions
(1)
In general
In this section—
(A) the term adjusted net income, except as provided in paragraph (2), means the net income (or loss) reported by the Postal
Service in the statement of operations included in the annual report
required under section 3654(a)(1)(B);
(B) the term Fund means the Postal Service Workers’ Compensation Accrued Liability Fund established under subsection
(b); and
(C) the term Postal Service actuarial liability means, as of September 30 of a fiscal year, the net present value of projected future payments
required to be made by the Postal Service under section 8147 of title 5
(including any payments required to be made from the Fund under
subsection (f) of this section) on account of injuries or deaths that
occurred during that fiscal year or any preceding fiscal year.
(2)
Calculation of adjusted net income
In calculating adjusted net income for a fiscal year—
(A) any payment made under subsection (e) shall not be taken into account; and
(B) any change in the net present value of projected future payments required to be made by the Postal
Service under section 8147 of title 5 shall not be taken into account.
(b)
Establishment
There is established in the Treasury of the United States a revolving fund, to be called the Postal
Service Workers’ Compensation Accrued Liability Fund.
(c)
Availability
The Fund shall be available without fiscal year limitation for payments required under subsection
(f).
(d)
Investment
(1)
In general
The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the
United States, such currently available portions of the Fund as are not
immediately required for payments from the Fund.
(2)
Manner of investments
Investments under paragraph (1) shall be made in the same manner as investments for the Civil
Service Retirement and Disability Fund under section 8348 of title 5.
(e)
Payments to Fund
(1)
Cost attributable to 1 year of employees’ service
Not later than June 30, 2017, and not later than June 30 of each year thereafter, the Postal
Service shall compute—
(A) with respect to each of the 3 preceding fiscal years, the net present value, as of September 30 of
the fiscal year, of projected future payments required to be paid by the
Postal Service under section 8147 of title 5 on account of injuries or
deaths that occurred during the fiscal year;
(B) for each of the 3 amounts computed under subparagraph (A), the sum of—
(i) the amount; and
(ii) accrued interest on the amount through September 30 of the preceding fiscal year; and
(C) the average of the 3 sums computed under subparagraph (B).
(2)
Liquidation schedule
(A)
Computation; recomputation
Not later than June 30, 2017, the Postal Service shall compute, and not later than June 30 of each
year thereafter the Postal Service shall recompute, a schedule including a
series of annual installments that provide for the liquidation of the
amount described in subparagraph (B) (regardless of whether the amount is
a liability or surplus), including interest at the rate used in the
computations under paragraph (1), by the later of—
(i) September 30, 2057; or
(ii) September 30 of the fiscal year that is 15 years after the fiscal year in which the computation or
recomputation is made.
(B)
Amount to be liquidated
The amount described in this subparagraph is the difference between—
(i) the difference between—
(I) 80 percent of the Postal Service actuarial liability as of September 30 of the preceding fiscal
year; and
(II) 80 percent of the amount computed under paragraph (1)(C) as of September 30 of the preceding fiscal
year; and
(ii) the value of the assets of the Fund as of September 30 of the preceding fiscal year.
(3)
Liquidation of liability
(A)
In general
Subject to subparagraph (B), not later than September 30, 2018, and not later than September 30 of
each year thereafter, the Postal Service shall pay into the Fund the
lesser of—
(i) the sum of—
(I) 80 percent of the amount computed under paragraph (1)(C) during the fiscal year; and
(II) any annual installment computed under paragraph (2)(A); and
(ii) the amount by which—
(I) the amount of adjusted net income earned by the Postal Service during the fiscal year that ended 1
year before the date by which a payment is required to be made under this
subparagraph; exceeds
(II) $1,000,000,000.
(B)
Exception
If the amount of adjusted net income earned by the Postal Service during a fiscal year does not
exceed $1,000,000,000, the Postal Service shall not be required to make a
payment under this paragraph during the subsequent fiscal year.
(f)
Payments from Fund
(1)
In general
Beginning with the fiscal year ending on September 30, 2018, for each payment that the Postal
Service is required to make under section 8147 of title 5 during the
fiscal year—
(A) a fraction of the amount of the payment shall be paid from the Fund in accordance with paragraph
(2) of this subsection; and
(B) the remaining amount of the payment shall be paid by the Postal Service.
(2)
Fraction
The fraction to be paid from the Fund, as required under paragraph (1), is, with respect to the
fiscal year during which the payment is required to be made, the quotient
of—
(A) the value of the assets of the Fund as of September 30 of the preceding fiscal year; and
(B) the sum of—
(i) the Postal Service actuarial liability as of the end of the fiscal year before the preceding fiscal
year, plus interest accrued on that amount through the end of the
preceding fiscal year; and
(ii) the amount calculated under subsection (e)(1)(C) as of the end of the fiscal year before the
preceding fiscal year, plus interest accrued on that amount through the
end of the preceding fiscal year.
(g)
Assumptions and methodology
The assumptions and methodology used in the computations under this section shall be consistent,
insofar as reasonable and appropriate, with the assumptions and
methodology used by the Postal Service in making computations of its
assets and liabilities for the financial reporting required under section
3654.
.
(2)
Technical and conforming amendment
The table of sections for chapter 20 of title 39, United States Code, is amended by adding at the
end the following:
2012. Provisions relating to workers’ compensation prefunding.
.
(b)
Additional annual financial reporting
(1)
In general
Section 3654(b) of title 39, United States Code, is amended by adding at the end the following:
(4)
(A) Each report required by subsection (a)(1)(B) shall include, with respect to the workers’
compensation obligations of the Postal Service—
(i) as of the last day of the fiscal year to which the report applies, the amount of the Postal Service
actuarial liability;
(ii) the value of the assets in the Fund, and the difference between that amount and the amount of the
Postal Service actuarial liability;
(iii) the amounts calculated under paragraphs (1) and (2) of section 2012(e);
(iv) significant methods and assumptions underlying the relevant actuarial valuations;
(v) any payments to the Fund and from the Fund for the fiscal year to which the report applies; and
(vi) the assumed rate of return on balances of the Fund and the actual rate of return for the fiscal
year to which the report applies.
(B) In this paragraph, the terms Fund and Postal Service actuarial liability have the meaning given those terms in section 2012(a).
.
(2)
Applicability
The amendment made by paragraph (1) shall apply with respect to the report required under section
3654(a)(1)(B) of title 39, United States Code, for the fiscal year ending
on September 30, 2014, and to such report for each fiscal year thereafter.
107.
Right of appeal to Merit Systems Protection Board
Section 1005(a)(4)(A)(ii)(I) of title 39,
United States Code, is amended to read as follows:
(I) is an officer or employee
of the Postal Service who—
(aa) is not represented by a bargaining
representative recognized under section 1203; and
(bb) is in a supervisory, professional,
technical, clerical, administrative, or managerial position covered
by the
Executive and Administrative Schedule;
and
.
108.
Supervisory and other managerial organizations
Section 1004 of title 39, United States Code, is amended—
(1) in subsection (a), by inserting and fringe benefits after differentials in rates of pay;
(2) in subsection (b), in the second sentence, by inserting as provided under subsection (d) and any changes in, or termination of, pay policies and schedules
and fringe benefit programs for members of the supervisors' organization
as provided under subsection (e). Such pay policies and fringe benefit
programs shall reflect adequate differentials in rates of pay and fringe
benefits as provided under subsection (a) before the period; and
(3) in subsection (e)(1), by inserting , or termination of, after any changes in.
II
Postal Service
operations
201.
Maintenance of delivery service standards
(a)
Moratorium on changes in delivery service standards
The Postal Service shall maintain the service standards for first-class mail and periodicals under
part 121 of title 39, Code of Federal Regulations, as in effect on October
1, 2013, until the later of—
(1) the date that is 2 years after the date of enactment of this Act; or
(2) the date that is 1 year after the date on which the Comptroller General of the United States
submits the report required under subsection (b)(2).
(b)
GAO study and report
(1)
Study
The Comptroller General of the United States shall conduct a study that assesses—
(A) how the Postal Service measures delivery times for the purpose of determining whether service
standards have been met; and
(B) whether the method used by the Postal Service to measure delivery times reflects the total period
of time beginning when a mailed item is transferred from a postal customer
and ending when the mailed item arrives at its final destination.
(2)
Report
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit
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 on the findings of the study conducted under
paragraph (1) that includes recommendations as to whether the Postal
Service should use additional or improved methods to—
(A) measure the actual delivery times experienced by postal customers; and
(B) assess compliance with the service standards promulgated under section 3691 of title 39, United
States Code.
(3)
Consultation
In conducting the study under paragraph (1), the Comptroller General shall consult with the
Commission to the extent appropriate.
(c)
Alternate Means of Transportation contracts
(1)
Maintenance of delivery service standards
Notwithstanding subsection (a), during the 2-year period beginning on the date of enactment of this
Act, the Postal Service shall apply the service standards for first-class
mail and periodicals under part 121 of title 39, Code of Federal
Regulations, as in effect on June 30, 2012, to routes on which, as of June
30, 2012, first-class mail and periodicals were transported under
Alternate Means of Transportation contracts with the Postal Service.
(2)
Restriction on discontinuance of Alternate Means of Transportation contracts
Section 404 of title 39, United States Code, as amended by section 302, is amended by adding at the
end the following:
(i)
Alternative Means of Transportation contracts
(1)
Definition
In this subsection, the term covered route means a route on which first-class mail and periodicals are transported under an Alternate Means
of Transportation contract.
(2)
Requirements before changing to other means of transportation
The Postal Service, prior to making a determination under subsection (a)(1) to transport
first-class mail or periodicals on a covered route using a means other
than under an Alternate Means of Transportation contract, shall consider—
(A) the effect of the change on—
(i) each community served by the covered route;
(ii) businesses, including small businesses, in the area served by the covered route; and
(iii) employees of the Postal Service involved in transportation on the covered route;
(B) whether the change is
consistent with the policy of the Government, as stated in section
101(b), 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;
(C) the extent to which each community
served by the covered route lacks access to Internet service;
(D) the extent to which postal
customers served by the covered route would continue after the
change to
receive substantially similar access to essential items and
time-sensitive
communications;
(E) whether substantial economic
savings to the Postal Service would result from the change;
(F) the average daily volume of mail transported on the covered route;
(G) any change in the volume of mail transported on the covered route during the preceding 12 months;
(H) the capacity of available transportation service providers to meet the volume needs of the Postal
Service on the covered route;
(I) the ability of the Postal Service to procure and access additional transportation capacity to meet
the volume needs of the Postal Service on the covered route;
(J) the impact of the change on postal facilities (as that term is defined in subsection (f)) that use
the covered route;
(K) the ability of postal facilities described in subparagraph (J) to continue to provide service that
complies with applicable service standards after the change; and
(L) any other factors that the Postal
Service determines are necessary.
(3)
Determinations
Any determination of the Postal
Service to transport first-class mail or periodicals on a covered
route using a means other than under an Alternate Means of Transportation
contract shall—
(A) be in writing;
(B) include the
findings of the Postal Service with
respect to the considerations required to be made under paragraph
(2); and
(C) be made available by public notice to persons
served by the covered route.
(4)
Advance notice of determinations
The Postal Service
shall take no action to transport first-class mail or periodicals
on a covered route using a means other than under an Alternate Means of
Transportation contract until 60 days after the date on which the Postal
Service makes available to persons served by the covered route a
written determination under paragraph (3).
.
(3)
Report
Not later than 2 years after the date of enactment of this Act, the Postal Service shall submit to
Congress a report on potential cost savings resulting from any decision
made during the 2-year period beginning on the date of enactment of this
Act—
(A) to transport first-class mail or periodicals on a covered route (as defined in section 404(i)(1) of
title 39, United States Code, as added by this section) using a means
other than under an Alternate Means of Transportation contract; or
(B) to discontinue a post office.
202.
Preserving mail processing capacity; review of discontinuances, closings, and consolidations
(a)
Moratorium on closing or consolidation of postal facilities
The Postal Service may not close or consolidate any postal facility (as that term is defined in
section 404(f) of title 39, United States Code, as added by this section)
that was open as of October 1, 2013 until the later of—
(1) the date that is 2 years after the date of enactment of this Act; or
(2) the date that is 1 year after the date on which the Comptroller General of the United States
submits the report on delivery service standards required under section
201(b)(2).
(b)
Procedures for closing or consolidation of postal facilities
Section 404 of title 39, United States Code, is amended by adding at the end the following:
(f)
Closing or consolidation of certain postal facilities
(1)
Definition
In this subsection, the term postal facility means a processing and distribution center, processing and distribution facility, network
distribution center, or other facility that is operated by the Postal
Service, the primary function of which is to sort and process mail.
(2)
Area mail processing studies
(A)
Applicability
In this paragraph—
(i) the term area mail processing study means an area mail processing feasibility study described in section 2–1 of Handbook PO–408 of the
Postal Service, entitled Area Mail Processing Guidelines, as in effect on October 1, 2013;
(ii) the term closing, with respect to a covered postal facility, means the transfer of all incoming and outgoing mail
sortation and processing operations of the covered postal facility to a
different covered postal facility;
(iii) the term consolidate, with respect to a covered postal facility, means the transfer of either all incoming or all
outgoing mail sortation and processing operations of the covered postal
facility to a different covered postal facility; and
(iv) the term covered postal facility means a postal facility, the primary function of which is to sort and process first-class mail
originating or designating within a defined geographic area.
(B)
New area mail processing studies
Before making a determination under subsection (a)(3) as to the necessity for the closing or
consolidation of a covered postal facility, the Postal Service shall—
(i) conduct an area mail processing study relating to the covered postal facility that includes
consideration of a plan to reduce the capacity of the covered postal
facility without closing the covered postal facility; and
(ii) upon completing the study under clause (i)—
(I) publish the results of the study on the website of the Postal Service; and
(II) publish a notice that the study is complete and the results of the study are available to the
public, including on the website of the Postal Service.
(C)
Completed or ongoing area mail processing studies
(i)
In general
In the case of a covered postal facility described in clause (ii), the Postal Service shall—
(I) consider a plan to reduce the capacity of the covered postal facility without closing the covered
postal facility; and
(II) publish the results of the consideration under subclause (I) with or as an amendment to the area
mail processing study relating to the covered postal facility.
(ii)
Postal facilities
A covered postal facility described in this clause is a covered postal facility—
(I) for which, as of the date of enactment of this subsection, an area mail processing study—
(aa) has been completed but does not include a plan to reduce the capacity of the covered postal
facility without closing the covered postal facility; or
(bb) is in progress; and
(II) which, as of the date of enactment of this subsection, has not been closed or consolidated.
(3)
Notice, public comment, and public hearing
If the Postal Service makes a determination under subsection (a)(3) to close or consolidate a
postal facility, the Postal Service shall—
(A) provide notice of the determination to—
(i) Congress; and
(ii) the Postal Regulatory Commission;
(B) provide adequate public notice of the intention of the Postal Service to close or consolidate the
postal facility;
(C) ensure that interested persons have an opportunity to submit public comments during a 45-day period
after the Postal Service provides the notice of intention under
subparagraph (B);
(D) before the 45-day period described in subparagraph (C), provide public notice of the opportunity
under subparagraph (C) to submit public comments during that period by—
(i) publication on the website of the Postal Service;
(ii) posting at the affected postal facility; and
(iii) publicizing the date and location of the public community meeting under subparagraph (E); and
(E) during the 45-day period described in subparagraph (C), conduct a public meeting that provides an
opportunity for comments to be submitted verbally or in writing.
(4)
Further considerations
The Postal Service, in making a determination under subsection (a)(3) to close or consolidate a
postal facility, shall consider—
(A) the views presented by interested persons under paragraph (3);
(B) the effect of the closing or consolidation on the affected community, including the impact the
closing or consolidation may have on a State, region, or locality;
(C) the effect of the closing or consolidation on the travel times and distances for affected customers
to access services under the proposed closing or consolidation;
(D) the effect of the closing or consolidation on delivery times for all classes of mail and packages;
(E) any characteristics of certain geographical areas, such as remoteness, broadband internet
availability with a lower rates of access than the average rate of access
in other geographical areas of the United States, and weather-related
obstacles, that may result in the closing or consolidation having a unique
effect;
(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;
(G) the extent to which significant changes in delivery service resulting from the closure or
consolidation of the postal facility would affect the ability of
individuals and businesses in the region served by the postal facility to
participate in the national economy;
(H) the ability of the Postal Service to maintain a safe working environment at each postal facility
that, as a result of the closing or consolidation, would process the mail
that had been processed by the closed or consolidated postal facility,
including by examining—
(i) the capacity of each affected postal facility to process a greater volume of mail;
(ii) the ability of the workforce at each affected postal facility to handle a larger workload; and
(iii) whether the Postal Service would need to hire additional employees at affected postal facilities to
process the increased volume of mail;
(I) the extent to which the Postal Service can take action to mitigate significant negative impacts
identified through the considerations under this paragraph; and
(J) any other factor the Postal Service determines is necessary.
(5)
Notice of final determination; justification statement
If the Postal Service determines to close or consolidate a postal facility, the Postal Service
shall post on the website of the Postal Service—
(A) notice of the final determination to close or consolidate the postal facility; and
(B) a closing or consolidation justification statement that includes—
(i) a response to the public comments received with respect to the considerations described under
paragraph (4);
(ii) a description of the considerations made by the Postal Service under paragraph (4); and
(iii) the actions that the Postal Service will take to mitigate any significant negative effects
identified under paragraph (4).
(6)
Closing or consolidation of postal facilities
(A)
In general
Not earlier than 15 days after the date on which the Postal Service posts notice of a final
determination and a justification statement under paragraph (5) with
respect to a postal facility, the Postal Service may close or consolidate
the postal facility.
(B)
Alternative intake of mail
If the Postal Service closes or consolidates a postal facility under subparagraph (A), the Postal
Service shall make reasonable efforts to ensure continued mail receipt
from customers of the closed or consolidated postal facility at the same
location or at another appropriate location in close geographic proximity
to the closed or consolidated postal facility.
(7)
Protection of certain information
Nothing in this subsection shall be construed to require the Postal Service to disclose any—
(A) proprietary data;
(B) information relating to the security of a postal facility; or
(C) information that is exempt from disclosure under section 552 of title 5.
(8)
Postal Regulatory Commission appeals
(A)
Right to appeal
A determination of the Postal Service to close or consolidate any postal facility may be appealed
by any person served by the postal facility to the Postal Regulatory
Commission not later than 30 days after the date on which the
determination is posted on the Postal Service website under paragraph (5).
(B)
Review based on record
The Commission shall review a determination appealed under this paragraph on the basis of the
record before the Postal Service in the making of the determination.
(C)
Deadline for Commission determination
The Commission shall make a determination based upon a review conducted under subparagraph (B) not
later than 90 days after the date on which the Commission receives the
appeal of the determination under subparagraph (A).
(D)
Bases for setting aside Postal Service determinations
In making a determination under subparagraph (C), the Commission shall set aside any determination,
finding, or conclusion of the Postal Service that the Commission
determines—
(i) is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;
(ii) is without observance of the procedures required under this subsection or any other applicable law;
or
(iii) is unsupported by substantial evidence on the record.
(E)
Option to affirm or remand
The Commission—
(i) may affirm a determination of the Postal Service appealed under this paragraph or order that the
entire matter be returned for further consideration; and
(ii) may not modify the determination of the Postal Service.
(F)
Temporary suspension
The Commission may suspend the effectiveness of a determination of the Postal Service appealed
under this paragraph until the final disposition of the appeal.
(G)
Applicability of other laws
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.
(H)
Date of receipt of appeal
For purposes of subparagraph (A), any appeal received by the Commission shall—
(i) 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 the appeal
is mailed; or
(ii) 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).
.
203.
Preserving community post offices
Section 404(d) of title 39, United States Code, is amended—
(1) by striking (6) For purposes of paragraph (5) and inserting the following:
(8)
Date of receipt of appeals
For purposes of paragraph (7)
;
(2) by striking (5) A determination and inserting the following:
(7)
Appeals
A determination
;
(3) by striking (d)(1) The Postal Service and all that follows through the end of paragraph (4) and inserting the following:
(d)
Discontinuance of post offices
(1)
Definitions
In this subsection—
(A) the term discontinuance has the meaning given the term in section 241.3 of title 39, Code of Federal Regulations, as in
effect on November 1, 2013;
(B) the term local government means—
(i) a county, municipality, city, town, township, local public authority, special district, intrastate
district, council of government, or regional or interstate government
entity;
(ii) an agency or instrumentality of an entity described in clause (i); or
(iii) a rural community, an unincorporated town or village, or an instrumentality of a rural community or
an unincorporated town or village;
(C) the term post office means a post office, post office branch, post office classified station, or other facility that is
operated by the Postal Service, the primary function of which is to
provide retail postal services; and
(D) the term rural post office means a post office that is—
(i) in a rural area, as defined by the Census Bureau; and
(ii) within the K or L cost ascertainment grouping, as classified by the Postal Service.
(2)
Preliminary considerations
The Postal Service, prior to making a determination under subsection (a)(3) of this section as to
the necessity for the discontinuance of any post office, and, with respect
to a determination to discontinue a rural post office, prior to making the
determinations required under paragraph (5), shall—
(A) consider whether—
(i) to discontinue the post office and combine it with another post office located within a reasonable
distance;
(ii) instead of discontinuing 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 postal services in the community
served by the post office; or
(iv) to provide postal services to the community served by the post office—
(I) through a letter carrier or by Alternate Means of Transportation delivery contract;
(II) by colocating postal services at a commercial or government entity; or
(III) by implementing an alternative proposal made by a local government under subparagraph (B)(iii);
(B) provide—
(i) relevant information on financial costs associated with the operations of the post office to postal
customers and local governments served by the post office;
(ii) postal customers served by the post office an opportunity to present their views, which may be by
nonbinding survey conducted by mail; and
(iii) local governments served by the post office an opportunity to present alternative proposals for
providing postal services to the community; and
(C) if the Postal Service determines to discontinue the post office, provide adequate public notice of
its intention to discontinue the post office at least 60 days prior to the
proposed date of the discontinuance to persons and local governments
served by the post office.
(3)
Considerations
The Postal Service, in making a determination whether or not to discontinue a post office—
(A) shall consider—
(i) the effect of the discontinuance on the community served by the post office;
(ii) the effect of the discontinuance on businesses, including small businesses, in the area;
(iii) the effect of the discontinuance on employees of the Postal Service employed at the post office;
(iv) whether the discontinuance would have a significant adverse effect on regular postal services to
rural areas, communities, and small towns where post offices are not
self-sustaining;
(v) the extent to which the community served by the post office lacks access to Internet, broadband, or
cellular telephone service;
(vi) the extent to which postal customers served by the post office would continue after the
discontinuance to receive substantially similar access to essential items,
such as prescription drugs and time-sensitive communications;
(vii) the proximity and accessibility of other post offices;
(viii) whether substantial economic savings to the Postal Service would result from the discontinuance;
and
(ix) any other factors that the Postal Service determines are necessary; and
(B) may not consider compliance with any provision of the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.).
(4)
Written determination and findings
(A)
In general
Any determination of the Postal Service to discontinue a post office shall—
(i) be in writing;
(ii) include the findings of the Postal Service with respect to the considerations required to be made
under paragraph (3); and
(iii) with respect to a determination to discontinue a rural post office, include a summary of the
determinations required under paragraph (5).
(B)
Availability of findings
The Postal Service shall make available, to persons served by a post office that the Postal Service
determines to discontinue, any determination and findings under
subparagraph (A) with respect to that post office.
(C)
Notice before discontinuance
The Postal Service may not take any action to discontinue a post office until 60 days after the
date on which the Postal Service makes available, to persons served by the
post office, the written determination and findings with respect to the
post office as required under subparagraph (B).
(5)
Rural post offices
(A)
Moratorium on discontinuance of rural post offices
The Postal Service may not discontinue a rural post office during the 1-year period beginning on
the date
of enactment of the Postal Reform Act of 2014.
(B)
Requirements for discontinuance of rural post offices
The Postal Service may not make a determination under subsection (a)(3) to discontinue a rural post
office unless the Postal Service—
(i)
(I) determines that postal customers served by the post office would continue after the discontinuance
to
receive substantially similar access to essential items, such as
prescription medications and time-sensitive communications, that are sent
through the mails; or
(II) takes action to substantially ameliorate any projected reduction in access to essential items
described in subclause (I); and
(ii) determines that—
(I) there is unlikely to be substantial economic loss to the community served by the post office as a
result of the discontinuance;
(II) the area served by the post office has adequate access to broadband Internet service, as identified
on the National Broadband Map of the National Telecommunications and
Information Administration; and
(III) there is a road with year-round access connecting the community to another post office that is
within 10 miles from the post office proposed to be discontinued.
(C)
Study and Report
(i)
Study
The Inspector General shall conduct a study after the discontinuance of a rural post office under
this
section, which shall include—
(I) the actual cost savings resulting from the discontinuance; and
(II) a comparison between the findings described in subclause (I) and the cost savings that the Postal
Service predicted would result from the discontinuance.
(ii)
Report
Not later than 2 years after the date of the discontinuance of a rural post office under this
section, the
Inspector General shall submit a report on the findings of the study
conducted under clause (i) with respect to the rural post office to—
(I) the Postal Regulatory Commission;
(II) the Board of Governors;
(III) the Committee on Homeland Security and Governmental Affairs of the Senate;
(IV) the Committee on Oversight and Government Reform of the House of Representatives;
(V) the Member of the House of Representatives in whose district the rural post office was located; and
(VI) the Senators in whose State the rural post office was located.
(iii)
Sunset
This subparagraph is repealed effective 10 years after the date of enactment of the Postal Reform
Act of 2014.
(6)
Reductions in hours of operation
(A)
Considerations
The Postal Service, prior to making a determination under paragraph (2)(A)(ii)(I) to reduce the
number of hours per day that a post office operates, shall consider—
(i) the impact of the proposed reduction in hours on local businesses;
(ii) the effect of the proposed reduction in hours on the community served by the post office;
(iii) the ability of the Postal Service to hire qualified employees to operate the post office during
the reduced hours;
(iv) the proximity and accessibility of other post offices within 15 miles of the post office, and the
hours those
post offices are open;
(v) the impact of the proposed reduction in hours on the elderly and other vulnerable populations; and
(vi) the impact of alternative schedules on the community served by the post office, including
consideration of which schedules would most effectively mitigate any
negative impacts identified under clauses (i) through (v).
(B)
Findings
If the Postal Service determines, after considering the factors under subparagraph (A), to reduce
the number of hours per day that a post office operates, the Postal
Service shall make available to persons served by the post office—
(i) a summary of the findings of the Postal Service under subparagraph (A);
(ii) the hours during which the post office will be open; and
(iii) an explanation of the change in hours referred to in clause (ii).
;
(4) in paragraph (7), as so designated—
(A) by striking close or consolidate and inserting discontinue;
(B) by striking under paragraph (3) and inserting under paragraph (4);
(C) by moving subparagraphs (A), (B), and (C) 2 ems to the right; and
(D) by moving the flush text following subparagraph (C) 2 ems to the right;
(5) in paragraph (8), as so designated, by moving subparagraphs (A) and (B) 2 ems to the right; and
(6) by adding at the end the following:
(9)
Minimum retail standards
The Postal Service shall establish minimum standards for retail postal services.
.
204.
Changes to mail delivery schedule
(a)
Limitation on change in schedule
(1)
In general
The Postal Service may establish a general, nationwide delivery schedule of 5 days per week to
street addresses under the authority of the Postal Service under title 39,
United States Code—
(A) if the Postal Service determines that such a delivery schedule would contribute to the achievement
of long-term solvency; and
(B) at any time after the total mail volume during any period of 4 consecutive quarters, beginning with
the first full quarter after the date of enactment of this Act, is less
than 140,000,000,000 pieces, as reported in the Form 10–Q quarterly
reports filed by the Postal Service with the Commission
under section 3654(a)(1)(A) of title 39, United States Code.
(2)
Continuation of authority
If each condition under subsection (a)(1) is satisfied, the fact that total mail volume during any
period of 4 consecutive quarters, after the first quarter of the period
described in subsection (a)(1)(B), exceeds 140,000,000,000 pieces shall
not affect the continued authority of the Postal Service to establish or
maintain a nationwide delivery schedule of 5 days per week.
(3)
Limitation
Notwithstanding any other provision of this subsection or subsection (d)(3), the Postal Service may
not establish a
nationwide delivery schedule of 5 days per week earlier than October 1,
2017.
(b)
Implementation
If the Postal Service intends to establish a change in delivery schedule under subsection (a), the
Postal Service shall—
(1) identify customers and communities for whom the change may have a disproportionate, negative
impact, including small business customers, the elderly, those who live in
locations without access to broadband Internet service, and the customers
identified as particularly affected in the Advisory Opinion on Elimination of Saturday Delivery issued by the Commission on March 24,
2011;
(2) develop measures to ameliorate any disproportionately negative impact the change would have on
customers and communities identified under paragraph (1);
(3) implement measures to increase revenue and reduce costs, including the measures authorized under
this Act and the amendments made by this Act;
(4) evaluate whether any increase in revenue or reduction in costs, or anticipated 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
achieve long-term solvency; and
(5) not earlier than 2 years and not later than 6 months before the effective date for any proposed
change, submit a report that includes the determination required under
subsection (a)(1) and details any measures developed or implemented
pursuant to paragraph (2) or (3) of this subsection to—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Government Reform of the House of Representatives;
(C) the Commission; and
(D) the Comptroller General of the United States.
(c)
GAO report
Not later than 3 months after the date on which the Comptroller General receives the report
submitted by the Postal Service under subsection (b)(5), the Comptroller
General shall submit to the Postal Service, 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
evaluating the extent to which—
(1) a change in delivery schedule would improve the financial condition of the Postal Service and
assist in the efforts of the Postal Service to achieve long-term solvency,
taking into consideration other ongoing and planned efforts to increase
revenue and reduce costs, consistent with the requirements under this Act;
and
(2) the Postal Service has complied with each of the requirements under subsection (b).
(d)
Postal Service response to GAO report
(1)
In general
The Postal Service shall review the report submitted by the Comptroller General under subsection
(c) and submit 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 response to the report if the report
includes a finding by the Comptroller General that—
(A) the proposed change in delivery schedule would not substantially improve the financial condition of
the Postal Service and assist in the efforts of the Postal Service to
achieve long-term solvency; or
(B) the Postal Service has not complied with each of the requirements under subsection (b).
(2)
Contents of response
A response by the Postal Service under paragraph (1) shall include—
(A) a statement regarding whether the Postal Service agrees with each finding of the Comptroller
General described in subparagraph (A) or (B) of paragraph (1);
(B) a statement regarding whether the Postal Service intends to reevaluate whether to establish a
change in delivery schedule under subsection (a) based on the overall
findings of the Comptroller General; and
(C) if the Postal Service intends to establish the proposed change in delivery schedule, the
justification of the Postal Service for doing so in light of the findings
of the Comptroller General.
(3)
Prohibition on implementation of change in delivery schedule
The Postal Service may not implement a change in delivery schedule under subsection (a) until 60
days after the date on which the Postal Service submits the response
required under paragraph (2).
(e)
Rules of construction
Nothing in this section shall be construed to—
(1) require the decrease or increase in delivery frequency for any route for which the Postal Service
provided delivery on fewer than 6 days per week as of the date of
enactment of this Act;
(2) require that the Postal Service deliver mail on Federal holidays;
(3) authorize any change in—
(A) the days and times that postal retail service or any mail acceptance is available at postal retail
facilities or processing facilities; or
(B) the locations at which postal retail service or mail acceptance occurs at postal retail facilities
or processing facilities;
(4) require any change in the frequency of delivery to a post office box;
(5) 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;
(6) prohibit the Postal Service from exercising its authority to make changes to processing or retail
networks; or
(7) confer a cause of action, either express or implied.
(f)
Packages
Notwithstanding any other provision of this section, for a period of not less than 5 years,
beginning on the date of enactment of this Act, the Postal Service shall
provide package service—
(1) 6 days per week to each street address that was eligible to receive package service 6 days per
week, and to each new street address that is located in an area that was
eligible to receive package service 6 days per week, as of October 1,
2013; and
(2) 7 days per week to each street address for which the Postal Service determines that such service
provides an economic benefit to the Postal Service.
(g)
Mailbox access
If the Postal Service establishes a general, nationwide delivery schedule of 5 days per week
consistent with the provisions of this section, the Postal Service shall
amend the Mailing Standards of the United States, Domestic Mail Manual to
ensure that the provisions of section 508.3.2.10 of such manual, as in
effect on October 1, 2013, shall apply on any day on which the Postal
Service does not deliver the mail under the established delivery schedule.
(h)
Study of environmental impact of 5-day delivery
Not later than 180 days after the date of enactment of this Act, the Chief Sustainability Officer
of the Postal Service shall—
(1) conduct a study that assesses the environmental impact of moving to a nationwide delivery schedule
of 5 days per week, which shall include the impact on green house gas
emissions, facility energy use, and transportation fuel use; and
(2) publish the results of the study conducted under paragraph (1) on the website of the Postal
Service.
205.
Delivery point
modernization
(a)
In
general
Subchapter VII of chapter 36 of title 39, United States
Code, is amended by adding at the end the following:
3692.
Delivery
point modernization
(a)
Definitions
In
this section, the following definitions shall apply:
(1)
Centralized
delivery
The term centralized delivery means a
primary mode of mail delivery whereby mail is delivered to a group
or cluster
of mail receptacles at a single location.
(2)
Curbside
delivery
The term curbside delivery means a primary
mode of mail delivery whereby mail is delivered to a mail
receptacle that is
situated at the edge of a public sidewalk abutting a road or curb,
at a road,
or at a curb.
(3)
Delivery
point
The term delivery point means a mailbox or
other receptacle to which mail is delivered.
(4)
District
office
The term district office means the central
office of an administrative field unit with responsibility for
postal
operations in a designated geographic area (as defined under
regulations,
directives, or other guidance of the Postal Service).
(5)
Door
delivery
The term door delivery—
(A) means a primary
mode of mail delivery whereby mail is—
(i) delivered to a
mail receptacle at or near a postal customer’s door; or
(ii) hand-delivered
to a postal customer; and
(B) does not include
curbside or centralized delivery.
(6)
Primary mode of
mail delivery
The term primary mode of mail delivery
means the typical method by which the Postal Service delivers mail
to the
delivery point of a postal customer.
(b)
Policy
Except
as otherwise provided in this section, including paragraphs (4) and
(5) of
subsection (c), it shall be the policy of the Postal Service to use
the primary
mode of mail delivery that is most cost effective and is in the
best long-term
interest of the Postal Service.
(c)
Conversion to
other delivery modes
(1)
New
addresses
Except as provided in paragraphs (4) and (5), the
Postal Service shall provide centralized delivery to new addresses
established
after the date of enactment of the Postal Reform Act of 2014, or if centralized delivery is not practicable
shall provide curbside delivery.
(2)
Business
address conversion
The Postal Service shall carry out a program
to convert business addresses with door delivery on the date of
enactment of
the Postal Reform Act of 2014
to centralized delivery or to curbside delivery.
(3)
Residential
address conversion
(A)
Identification
Not
later than 9 months after the date of enactment of the
Postal Reform Act of 2014, the
head of each district office of the Postal Service shall identify
residential
addresses within the service area of the district office that are
appropriate
candidates for conversion from door delivery to a more
cost-effective primary mode of
delivery, in accordance with standards established by the Postal
Service.
(B)
Voluntary
conversion
Not later than 1 year after the date of enactment of
the Postal Reform Act of 2014,
and consistent with subsection (b) and paragraph (4), the Postal
Service shall
begin implementation of a program to convert, on a voluntary basis,
the
addresses identified under subparagraph (A) from door delivery to a
more
cost-effective primary mode of delivery.
(C)
Procedures
In
pursuing conversion under subparagraph (B), the Postal Service
shall establish
procedures to—
(i) solicit and
consider input from postal customers, State and local governments,
local
associations, and property owners; and
(ii) place
centralized delivery points in locations that maximize delivery
efficiency,
ease of use for postal customers, and respect for private property
rights.
(4)
Exceptions
In
establishing a primary mode of mail delivery for new addresses
under paragraph
(1) or converting the primary mode of mail delivery for an address
under
paragraph (2) or (3), the Postal Service may provide door delivery
if—
(A) a physical
barrier precludes the efficient provision of centralized delivery
or curbside
delivery;
(B) the address is
located in a registered historic district, as that term is defined
in section
47(c)(3)(B) of the Internal Revenue Code of 1986; or
(C) the Postal
Service determines that the provision of centralized delivery or
curbside
delivery would be impractical, would not be cost effective, or
would not be in
the best long-term interest of the Postal Service.
(5)
Waiver for
physical hardship
(A)
In general
The Postal Service shall establish and maintain
a waiver program under which, upon the application of a postal
customer, door
delivery may be continued or provided to a delivery point if—
(i) centralized
delivery or curbside delivery would, but for this paragraph, be the
primary
mode of mail delivery for the delivery point; and
(ii) a physical
hardship prevents the postal customer from receiving his or her
mail through
any other form of mail
delivery.
(B)
Publicity; simplicity
In establishing and maintaining the waiver program under subparagraph (A), the Postal Service
shall—
(i) publicize the waiver program; and
(ii) provide a simple application process for participation in the waiver program.
(C)
Postal Service discretion
Nothing in this paragraph shall be construed to—
(i) prohibit the Postal Service from requiring evidence of a physical hardship in an appropriate case;
or
(ii) require the Postal Service to require evidence of a physical hardship in any case.
(D)
No fees for application or door delivery
In establishing and maintaining the waiver program under subparagraph (A), the Postal Service may
not charge a postal customer any fee to—
(i) apply for a waiver; or
(ii) upon the granting of a waiver by the Postal Service, receive mail through door delivery.
.
(b)
Clerical
amendment
The table of sections for subchapter VII of chapter 36
of title 39, United States Code, is amended by adding at the end the
following:
3692. Delivery point
modernization.
.
206.
Postal
services for market-dominant products
(a)
In
general
Strike section 3661
of title 39, United States Code, and insert the following:
3661.
Postal
services for market-dominant products
(a)
General
obligation
The Postal Service shall develop and promote adequate
and efficient postal services with respect to its market-dominant
products.
(b)
Proposed changes for market-dominant products
(1)
Submission of proposal
If the Postal Service determines that there should be a change in the nature of postal services
relating to market-dominant products that will generally affect service on
a nationwide or substantially nationwide basis, the Postal Service shall
submit a proposal to the Postal Regulatory Commission requesting an
advisory opinion on the change.
(2)
Advisory opinion
Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall—
(A) provide notice and an opportunity for public comment and a public hearing on the proposal; and
(B) issue an advisory opinion not later than—
(i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; or
(ii) a date that the Postal Regulatory Commission and the Postal Service may determine jointly.
(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—
(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; and
(B) for any matter that the Postal Service determines not to address and any recommendation that the
Postal Service determines not to implement, the reasons for the
determination.
(4)
Action on proposal
The Postal Service may take action regarding a proposal submitted under paragraph (1)—
(A) on or after the date on which the Postal Service submits the response required under paragraph (3);
(B) on or after a date that the Postal Regulatory Commission and the Postal Service may determine
jointly; or
(C) after the date described in paragraph (2)(B), if—
(i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described
in paragraph (2)(B); and
(ii) the action is not otherwise prohibited under Federal law.
(5)
Modification of timeline
At any time, the Postal Service and the Postal Regulatory Commission may jointly redetermine a date
determined under paragraph (2)(B)(ii) or (4)(B).
(c)
Limitation
(1)
No changes for competitive products
Nothing
in this section shall be construed as authorizing the making of
changes under
this section to the nature of service provided for competitive
products.
(2)
Hybrid changes
For a
change that affects the nature of service provided for both
market-dominant
products and competitive products, only the effect on
market-dominant products
shall be subject to this
section.
.
(b)
Technical and
conforming amendment
The table of sections for chapter 36 of
title 39, United States Code, is amended by striking the item relating to
section 3661 and inserting the following:
3661. Postal services for market-dominant
products.
.
207.
Report on pilot program for use of natural gas and propane for postal trucks
Not later than 180 days after the date of enactment of this Act, the Postmaster General shall
submit to the Committee on Homeland Security and Governmental Affairs of
the Senate a report on the feasibility of a pilot program to implement
the use of natural gas and propane as fuels for heavy-duty over-the-road
trucks, in addition to natural gas-fueled vehicles already in the postal
fleet, as a fuel cost-saving measure.
208.
Capitol Complex
post offices
(a)
House of
Representatives
(1)
In
general
The Postal Service
shall not maintain or operate more than 1 post office in the United States
Capitol Complex, as defined in section 310(a)(3)(B) of the Legislative Branch
Appropriations Act, 1990 (2 U.S.C. 2172(a)(3)(B)), which shall be located in a
House Office Building.
(2)
Closing of
capitol post offices
The Postal Service shall close any post
office in the United States Capitol Complex, as defined in section 310(a)(3)(B)
of the Legislative Branch Appropriations Act, 1990 (2 U.S.C. 2172(a)(3)(B)),
not permitted under this subsection, without regard to the requirements under
section 404(d) of title 39, United States Code.
(b)
Senate
(1)
In
general
The Sergeant at Arms and Doorkeeper of the Senate may not
enter into, modify, or renew a contract with the Postal Service to maintain or
operate more than 1 post office in a Senate Office Building.
(2)
Existing
contracts
Nothing in paragraph (1) may be construed to affect a
contract entered into by the Sergeant at Arms and Doorkeeper of the Senate and
the Postal Service before the date of enactment of this Act.
209.
Lawful possession of firearms in post office parking lots
(a)
Definitions
In this section—
(1) the term nonpublic area, with respect to a postal facility, means any area of the facility
that is—
(A) accessible exclusively to authorized personnel for the performance of official postal functions, as
determined by the Postmaster General; and
(B) not accessible to the general public;
(2) the term parking lot, with respect to a post office—
(A) means any lot or structure—
(i) the principal purpose of which is the parking of vehicles to allow the general public to access the
post office; and
(ii) that is owned or leased by the Postal Service;
(B) does not include street parking; and
(C) does not include parking lots for other Federal facilities or Federal court facilities (as those
terms are defined in section 930(g)(3) of title 18, United States Code);
(3) the term post office has the meaning given the term in section 404(d) of title 39, United States Code, as added by this
Act; and
(4) the term postal facility means any facility owned or leased by the Postal Service.
(b)
Lawful purpose
The Postal Service shall consider the lawful carrying or storing of a firearm in a parking lot of a
post
office, in a manner not inconsistent with State or local laws and not in
violation of any lease for use of the parking lot or of the postal
facility that the parking lot serves, to be a
lawful purpose for purposes of section 930(d)(3) of title 18, United
States Code.
(c)
Code of Federal Regulations
The Postal Service shall amend section 232.1 of title 39, Code of Federal Regulations, to specify
that—
(1) an individual who is otherwise permitted to carry or store a firearm in a manner not inconsistent
with State
or local laws may carry or store a firearm in a
parking lot of a post office;
and
(2) carrying or storing a firearm in a parking lot of a post office, in accordance with paragraph (1),
shall be
considered a lawful purpose under section 930(d)(3) of title 18, United
States Code.
(d)
Signage
The Postal Service shall post signage in each parking lot of a post office to communicate to the
general public the changes in law required under this section.
(e)
Rules of construction
(1)
In general
Nothing in this section shall be construed to limit the authority of the Postmaster General to
establish—
(A) workplace rules for employees of the Postal Service; or
(B) regulations relating to nonpublic areas of postal facilities.
(2)
Lawful purposes
Nothing in this Act or an amendment made by this Act shall be construed to impose the meaning of
the term lawful purpose under subsection (b) with respect to any property that is not a post office or postal property.
III
Postal Service
revenue
301.
Postal rates
(a)
Modern rate system
(1)
In general
Chapter 36 of title 39, United States Code, is amended by striking section 3622 and inserting the
following:
3622.
Modern rate system
(a)
Authority generally
(1)
Board of Governors
The Board may, acting in accordance with this section, establish, and from time to time thereafter
revise, a system of rates and classes for
market-dominant products (referred to in this section as the system), consistent with the requirements under this section.
(2)
No delegation
The authority under this section may not be delegated to the Postmaster General or to any other
individual or entity.
(b)
Objectives
The system shall be designed to achieve the following objectives, each of which shall be applied in
conjunction with the others:
(1) To maximize incentives for the Postal Service to reduce costs and increase efficiency.
(2) To create predictability and stability in rates.
(3) To maintain high quality service standards established under section 3691.
(4) To assure adequate revenues and maintain the financial stability of the Postal Service.
(5) To establish and maintain a just and reasonable schedule for rates and classifications, however the
objective under this paragraph shall not be construed to prohibit the
Postal Service from making changes of unequal magnitude within, between,
or among
classes of mail.
(6) To allocate the total institutional costs of the Postal Service appropriately between
market-dominant and competitive products, in accordance with regulations
promulgated by the Postal Regulatory Commission (referred to in this
section as the Commission) under section 3633.
(c)
Factors
In establishing or revising the system, the Board and the Commission shall take into account—
(1) the value of the mail service provided through each class or type of mail service to both the
sender and the recipient, including the educational, cultural, scientific,
and informational value;
(2) the direct and indirect postal costs attributable to each class or type of mail service;
(3) the effect of rate increases upon Postal Service customers;
(4) the available alternative means of sending and receiving letters and other mail matter;
(5) the simplicity of structure for the entire schedule and simple, identifiable relationships between
the rates or fees charged the various classes of mail for postal services;
and
(6) the policies of this title as well as such other factors as the Board or the Commission determines
appropriate.
(d)
Adjustments consistent with system
(1)
Notice
The Board shall provide notice of any adjustment in rates or classes proposed to be made under this
section that is consistent with the system then in effect—
(A) not later than—
(i) 90 days before the implementation of any rate or class adjustment that affects all or substantially
all market-dominant products; and
(ii) 45 days before the implementation of any other rate or class adjustment; and
(B) to—
(i) the public, including by—
(I) publication in the Federal Register; and
(II) posting on the website of the Postal Service; and
(ii) the Commission.
(2)
Public comment
The Board shall solicit and receive public comments on any proposed rate or class adjustment, and
shall take such comments into account in making its final determination as
to a rate or class adjustment.
(3)
Final decision
Not later than 10 days before the implementation of a rate or class adjustment, the Board shall
issue a final decision on the adjustment which shall—
(A) be published in the Federal Register and posted on the website of the Postal Service; and
(B) include an explanation responding to all relevant comments received.
(4)
Commission review
(A)
In general
Any adjustment made by the Board under this section shall be subject to review by the Commission
under section 3662.
(B)
Application of section 3662
In a review described in subparagraph (A), section 3662 shall be applied by substituting Board of Governors for Postal Service where applicable.
(e)
Rate base
The rates for market-dominant products in effect on the date of enactment of the Postal Reform Act of 2014, including any rates adjusted under this section on an expedited basis due to either extraordinary
or exceptional circumstances, shall remain in effect unless adjusted in
accordance with this section.
(f)
Limitations on rate adjustments
(1)
Applicability of limitations
The limitations under this subsection shall remain in effect unless revised or eliminated under
subsection (g).
(2)
Annual limitation
There shall be an annual limitation on the percentage changes in rates for market-dominant products
as a whole under this section that shall be equal to the percentage change
in the Consumer Price Index for All Urban Consumers unadjusted for
seasonal variation over the most recent available 12-month period
preceding the date the Board provides notice of its intention to increase
rates.
(3)
Conditions
(A)
Classes of mail
The Board shall ensure that the annual percentage change in rates under this section for a class of
mail, as defined in the Domestic Mail Classification Schedule (as in
effect on the date of enactment of the Postal Accountability and
Enhancement Act), does not exceed the annual limitation under paragraph
(2) by more than 2 percentage points.
(B)
Use of unused rate adjustment authority
(i)
Definition
In this subparagraph, the term unused rate adjustment authority means the difference between—
(I) the maximum amount of a rate adjustment that the Board is authorized to make in any year subject to
the annual limitation under paragraph (2); and
(II) the amount of the rate adjustment the Board actually makes in that year.
(ii)
Authority
Subject to clause (iii), the Board may use any unused rate adjustment authority for any of the 5
years following the year the authority occurred.
(iii)
Limitations
In exercising the authority under clause (ii) in any year, the Governors—
(I) may use unused rate adjustment authority from more than 1 year;
(II) may use any part of the unused rate adjustment authority from any year; and
(III) may not exceed the annual limitation under paragraph (2) by more than 2 percentage points.
(4)
Exception to annual limitation
Notwithstanding the annual limitation under paragraph (2), and provided there is not sufficient
unused rate adjustment authority under paragraph (3)(B), rates may be
adjusted on an expedited basis due to either extraordinary or exceptional
circumstances, provided that the Commission determines, after notice and
opportunity for public comment, and within 90 days after any request by
the Board, that such adjustment is reasonable and equitable and necessary
to enable the Postal Service, under best practices of honest, efficient,
and economical management, to maintain and continue the development of
postal services of the kind and quality adapted to the needs of the United
States.
(g)
Adoption of revisions to system or new system
(1)
Board proposal
Not earlier than January 1, 2017, and as appropriate thereafter, the Board may,
after notice and opportunity for public comment, submit to the Commission
a
proposal for revisions to the system or a new system, consistent with the
objectives under subsection (b), taking into
account the factors under subsection (c), and which may include
revision or elimination of the limitations established under subsection
(f).
(2)
Final Commission action
The Commission—
(A) shall consider a proposal submitted by the Board under paragraph (1); and
(B) may—
(i) adopt the proposal, without modification; or
(ii) reject the proposal.
(h)
Workshare discounts
(1)
Definition
In this subsection, the term workshare discount refers to rate discounts provided to mailers for the presorting, prebarcoding, handling, or
transportation of mail, as further defined by the Board in accordance with
subsection
(a).
(2)
Scope
The Board shall ensure that such discounts do not exceed the cost that the Postal Service avoids as
a result of workshare activity, unless—
(A) the discount is—
(i) associated with a new postal service, a change to an existing postal service, or with a new work
share initiative related to an existing postal service; and
(ii) necessary to induce mailer behavior that furthers the economically efficient operation of the
Postal Service and the portion of the discount in excess of the cost that
the Postal Service avoids as a result of the workshare activity will be
phased out over a limited period of time;
(B) the amount of the discount above costs avoided—
(i) is necessary to mitigate rate shock; and
(ii) will be phased out over time;
(C) the discount is provided in connection with a category of mail consisting exclusively of mail
matter of educational, cultural, scientific, or informational value; or
(D) reduction or elimination of the discount would—
(i) impede the efficient operation of the Postal Service;
(ii) lead to a loss of volume in the affected category of mail and reduce the aggregate contribution to
the institutional costs of the Postal Service from the category subject to
the discount below what it otherwise would have been if the discount had
not been reduced or eliminated; or
(iii) result in a further increase in the rates paid by mailers not able to take advantage of the
discount.
(3)
Notice
Whenever a workshare discount is established, the Board shall ensure that the notice provided under
subsection (d)(1) includes—
(A) the reasons for establishing the discount;
(B) the data, economic analyses, and other information relied on by the Board to justify the rate; and
(C) a certification that the discount will not adversely affect rates or services provided to users of
postal services who do not take advantage of the discount rate.
(i)
Negotiated service agreements
The Board shall ensure that any agreement between the Postal Service and a mailer that adjusts
rates or classes in a manner that is specific to the mailer—
(1) is available on public and reasonable terms to similarly situated mailers;
(2) either—
(A) improves the net financial position of the Postal Service through reducing Postal Service costs or
increasing the overall contribution to the institutional costs of the
Postal Service taking into account changes in volume and revenues from
mailers ineligible for the agreement; or
(B) enhances the performance of mail preparation, processing, transportation, or other functions; and
(3) does not cause—
(A) unfair competitive advantage for the Postal Service or mailers eligible for the agreement; or
(B) unreasonable disruption to the volume or revenues of other mailers ineligible for the agreement.
(j)
Consideration of prior Commission decisions
In making any determination under this section, including the construction and interpretation of
the terms used in this section, the Board shall give consideration to
decisions of the Commission made prior to the date of enactment of the Postal Reform Act of 2014, and shall include an explanation of any deviation from such decisions in the notice required
under subsection (d)(1).
.
(2)
Technical and conforming amendment
The table of sections for chapter 36 of title 39, United States Code, is amended by striking the
item relating to section 3622 and inserting the following:
3622. Modern rate system.
.
(b)
Repeal of rate preferences for qualified political committees
Section 3626 of title 39, United States Code, is amended—
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively;
(3) by redesignating subsections (j) through (n) as subsections (h) through (l), respectively; and
(4) in subsection (h), as redesignated by paragraph (3)—
(A) in paragraph (1)(D), by striking subsection (m)(2) and inserting subsection (k)(2); and
(B) in paragraph (3)(B), by striking subsection (m) and inserting subsection (k).
(c)
Standard Post
(1)
Definition
In this subsection, the term covered package means a Standard Post package that—
(A) originates and destinates within the same State; and
(B) destinates in a community that is not served by regular overland transportation from the community
in which the shipment originates.
(2)
Temporary standard post pricing
Notwithstanding section 3642 of title 39, United States Code, during the period beginning on the
date of enactment of this Act and ending on the date on which the
Commission issues an order resolving the proceeding described
in paragraph (3)(B), the Postal Service shall deliver covered packages at
the rates that were applicable to Standard Post on January 27, 2013.
(3)
Commission study and proceeding
(A)
Study
The Commission shall conduct a study to determine—
(i) the extent to which the Postal Service exercises monopoly power and the extent to which delivery
services are reasonably available from a private carrier with respect to
the delivery of covered packages; and
(ii) the extent to which there are communities for which the Postal Service exercises monopoly power for
the delivery of items shipped by Standard Post or for which delivery
services are not reasonably available for such items.
(B)
Proceeding
The Commission shall initiate a proceeding under section 3642 of title 39, United States Code, to
determine whether covered packages and any other packages identified under
subparagraph (A)(ii), if considered as a single product, would constitute
a market dominant product or a competitive product.
(C)
Rates
If the Commission determines in the proceeding under subparagraph (B) that covered packages
constitute a market dominant product, the rates for covered packages shall
be as provided in paragraph (2) until adjusted in accordance with the
procedures under section 3622 of title 39, United States Code, applicable
to market dominant products.
(D)
Information
The Postal Service shall provide the Commission with such information as may, in the judgment of
the Commission, be necessary in order for the Commission to conduct its
study and proceeding under this paragraph.
302.
Nonpostal
services
(a)
Authorization
of new nonpostal services
(1)
In
general
Section 404 of title 39, United States Code, as amended by this Act, is
amended—
(A) in subsection
(a)—
(i) by
redesignating paragraphs (6) through (8) as paragraphs (7) through (9),
respectively; and
(ii) by
inserting after paragraph (5) the following:
(6) on and after the
date of enactment of the Postal Reform Act of 2014, except as provided in subsection (e) and subject to subsection (h)—
(A) to provide other
services that are not postal services, if the provision of such
services—
(i) uses the
processing, transportation, delivery, retail network, or technology
of the
Postal Service;
(ii) is consistent
with the public interest and demonstrated likely public demand
for—
(I) the Postal
Service, rather than another entity, to provide the services; or
(II) the Postal
Service, in addition to or in partnership with another entity, to
provide the
services;
(iii) would not
create unfair competition with the private sector, taking into
consideration
the extent to which the Postal Service will not, either by legal
obligation or
voluntarily, comply with any State or local laws or requirements
generally applicable
to the provision of such services;
(iv) does not
unreasonably interfere with or detract from the value of postal
services,
including—
(I) the cost and
efficiency of postal services; and
(II) access to postal
retail service;
(v) will be
undertaken in accordance with all Federal laws and regulations
applicable to the
provision of such services; and
(vi) is reasonably expected to improve the net financial position of the Postal Service, based on
a market analysis conducted by or on behalf of the Postal
Service; and
(B) to classify a
service provided under subparagraph (A) as an experimental product
subject to
section
3641;
;
(B) in subsection
(e)(1), by inserting and that was offered by the Postal Service on the
date of enactment of the Postal Reform Act of 2014 after 102(5); and
(C) by adding at the
end the following:
(g)
Treatment of new nonpostal services
For purposes of
chapters 20 and 36 of this title, nonpostal services provided under
subsection
(a)(6) shall be treated as competitive
products.
(h)
Federal regulation of new nonpostal services
The Postal Service shall ensure that any nonpostal service provided under subsection (a)(6) that is
otherwise subject to the jurisdiction and regulation of a Federal
regulatory agency remains subject to the jurisdiction and regulation of
the Federal regulatory agency notwithstanding the fact that the nonpostal
service is provided by the Postal Service.
.
(2)
Complaints
Section
3662(a) of title 39, United States Code, is amended by inserting
404(a)(6), after 403(c),.
(3)
Market
analysis
During the 5-year period beginning on the date of
enactment of this Act, not later than 7 days after the date on which any
market
analysis conducted under section 404(a)(6)(A)(vi) of title 39,
United States Code, as amended by this section, is completed, the Postal
Service shall submit a copy of the market analysis to—
(A) the Commission;
(B) the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(C) the Committee on Oversight
and Government Reform of the House of Representatives.
(b)
Governmental
services
Section 411 of title 39, United States Code, is
amended—
(1) in the second
sentence, by striking this section and inserting this
subsection;
(2) by striking Executive agencies and inserting (a) Federal Government.—Executive agencies; and
(3) by adding at the
end the following:
(b)
State, local, and tribal governments
(1)
Authority of Postal Service
The Postal Service is
authorized to furnish property and services to States, local
governments, and
tribal governments, under such terms and conditions, including the
possibility for reimbursement,
as the Postal Service and the applicable State, local government,
or tribal
government shall determine appropriate.
(2)
Definitions
For purposes of this
subsection—
(A) the term local government
means—
(i) a county, municipality, city, town,
township, local public authority, school district, special
district, intrastate
district, council of governments, or regional or interstate
government
entity;
(ii) an agency or instrumentality of an
entity described in clause (i); or
(iii) a rural community, an
unincorporated town or village, or an instrumentality of a rural
community or
an unincorporated town or village;
(B) the term State includes
the District of Columbia, the Commonwealth of Puerto Rico, the
United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana
Islands, and any other territory or possession of the United
States; and
(C) the term tribal
government means the government of an Indian tribe, as that term is
defined in section 4(e) of the Indian Self-Determination Act (25
U.S.C.
450b(e)).
(c)
Report
The Postal
Service shall submit to the Postal Regulatory Commission, together
with the
report required under section 3652, a report that details the costs
and
revenues of the property and services furnished by the Postal
Service under this
section during the period covered by the report required under
section 3652.
(d)
Reimbursement determination
In determining
the possibility for reimbursement under subsections (a) and (b),
the Postal Service shall ensure
that each property or service furnished under such subsections
covers its costs
attributable, as that term is defined in section
3631(b).
.
(c)
Conforming
amendments
(1)
Section
404(e) of title 39
Section
404(e) of title 39, United States Code, is amended—
(A) by striking (e)(1) In this and inserting the following:
(e)
Previously offered nonpostal services
(1)
Definition
In this
;
(B) in paragraph (2), by striking (2) Nothing and inserting the following:
(2)
Eligible nonpostal services
Nothing
;
(C) in paragraph (3)—
(i) by striking (3) Not and inserting the following:
(3)
Review of nonpostal services
Not
; and
(ii) by moving subparagraphs (A) and (B) 2 ems to the right;
(D) in paragraph (4), by striking (4) Any and inserting the following:
(4)
Termination
Any
; and
(E) by striking paragraph (5)
and inserting the following:
(5)
Designation
Each nonpostal service authorized
under this subsection shall be designated as market-dominant or
competitive
based on the designation of the nonpostal service in the Mail
Classification
Schedule as in effect on the date of enactment of the
Postal Reform Act of 2014.
(6)
Rule of construction
Nothing in this subsection shall be
construed to prevent the Postal Service from providing nonpostal
services under subsection
(a)(6).
.
(2)
Section 3641 of
title 39
Section 3641 of title 39, United States Code, is
amended—
(A) in subsection
(b)(1), by inserting (or the appropriate consumers in the case of
nonpostal services) after users;
(B) in the first
sentence of subsection (b)(3), by striking section 3642(b)(1)
and inserting sections 404(g) and 3642(b)(1);
(C) in the second
sentence of subsection (b)(3), by striking section 3633(3) and
inserting section 3633(a)(3);
(D) in subsection
(e)(1), by striking $10,000,000 and inserting
$50,000,000; and
(E) in subsection
(e)(2), by striking $50,000,000 and inserting
$100,000,000.
(3)
Technical and
conforming amendments
Section 2003(b)(1) of title 39, United
States Code, is amended by striking postal and nonpostal
services and inserting postal services, nonpostal services
authorized under section 404(e), and property and services authorized
under
section 411,.
303.
Shipping of
wine, beer, and distilled spirits
(a)
Mailability
(1)
Nonmailable
articles
Section 1716(f) of title 18, United States Code, is
amended by striking mails and inserting mails, except to
the extent that the mailing is allowable under section 3001(p) of title
39.
(2)
Application of
laws
Section 1161 of title 18, United States Code, is amended by
inserting , and, with respect to the mailing of distilled spirits, wine,
or malt beverages (as those terms are defined in section 117 of the
Federal
Alcohol Administration Act (27 U.S.C. 211)), is in conformity with section
3001(p) of title 39 after Register.
(b)
Regulations
Section
3001 of title 39, United States Code, is amended by adding at the end the
following:
(p)
(1) In this subsection, the
terms distilled spirits, wine, and malt
beverage have the same meanings as in section 117 of the Federal
Alcohol Administration Act (27 U.S.C. 211).
(2) Distilled spirits, wine, or malt
beverages shall be considered mailable if mailed—
(A) in accordance with the laws and
regulations of—
(i) the State, territory, or district
of the United States where the sender or duly authorized agent
initiates the
mailing; and
(ii) the State, territory, or district
of the United States where the addressee or duly authorized agent
takes
delivery; and
(B) to an addressee who is at least 21
years of age—
(i) who provides a signature and
presents a valid, government-issued photo identification upon
delivery;
or
(ii) the duly authorized agent of
whom—
(I) is at least 21 years of age; and
(II) provides a signature and presents a
valid, government-issued photo identification upon delivery.
(3) The Postal Service shall prescribe
such regulations as may be necessary to carry out this
subsection.
.
(c)
Effective
date
The amendments made by this section shall take effect on the
earlier of—
(1) the date on which
the Postal Service issues regulations under section 3001(p) of title 39,
United
States Code, as amended by this section; and
(2) the date that is 120 days after
the date of enactment of this Act.
(d)
No preemption of State, local, or tribal laws prohibiting deliveries, shipments, or sales
Nothing in this section, the amendments made by this section, or any regulation promulgated under
this section or the amendments made by this section, shall be construed to
preempt, supersede, or otherwise limit or restrict any State, local, or
tribal law that prohibits or regulates the delivery, shipment, or sale of
distilled spirits, wine, or malt beverages (as those terms are defined in
section 117 of the Federal
Alcohol Administration Act (27 U.S.C. 211)).
IV
Postal Service
governance
401.
Board of
Governors of the Postal Service
(a)
Board of
Governors
Title 39, United States Code, is amended by striking
section 202 and inserting the following:
202.
Board of
Governors
(a)
In
general
The exercise of the power of the Postal Service shall be
directed by a Board of Governors composed of 9 members appointed in
accordance
with this section, each of whom shall be a voting member of the
Board.
(b)
Membership
(1)
Composition
The
Board shall be composed of—
(A) the Postmaster
General; and
(B) 8 members, to be
known as Governors, who shall be appointed by the President, by and
with the
advice and consent of the Senate.
(2)
Affiliation
Not
more than 4 of the Governors may be members of any 1 political
party.
(3)
Chairperson
The
Governors shall elect a Chairperson from among the members of
the Board.
(c)
Qualifications
(1)
In
general
The Governors shall represent the public interest
generally, and shall be chosen solely on the basis of experience in
public
service, law, or accounting, or on a demonstrated ability to manage
organizations or corporations (in either the public or private
sector) of
substantial size.
(2)
No specific
interest
A Governor may not be a representative of a specific
interest using the Postal Service.
(3)
Initial
appointments
At least 1 of the Governors who is appointed to
fill a position that is vacant on the date of enactment of the
Postal Reform Act of 2014
shall, in addition to the qualifications set forth in paragraph
(1), be
appointed based on the demonstrated ability of that individual to
manage and
improve financially troubled organizations.
(d)
Removal
A
Governor may be removed only for cause.
(e)
Compensation
(1)
Salary
Each
Governor shall receive a salary of $30,000 each year, plus $300 for
each day,
for not more than 42 days, on which the Governor attends a meeting
of the
Board. Nothing in this paragraph shall be construed to limit the
number of days
of meetings each year to 42 days.
(2)
Reimbursement
for meetings
Each Governor shall be reimbursed for travel and
reasonable expenses incurred in attending meetings of the Board.
(f)
Terms
(1)
In
general
Each Governor shall serve for a term of 7 years.
(2)
Vacancies
A
Governor appointed to fill a vacancy occurring before the
expiration of the
term to which the predecessor of that Governor was appointed shall
serve for the remainder of that term.
(3)
Continuation of
service
A Governor may continue to serve after the expiration of
the term of that Governor until a successor has been appointed,
except that a
Governor may not continue to serve for more than 1 year after the
date on which
the term of that Governor would have otherwise expired.
(4)
Limit
A
Governor may serve for not more than 2 terms.
(g)
Postmaster
general
(1)
Appointment and
removal
The Governors shall appoint and shall have the power to
remove the Postmaster General.
(2)
Pay and term of
service
The pay and term of service of the Postmaster General
shall be determined by the Governors.
(h)
Deputy
postmaster general
(1)
Appointment and
removal
The Governors and the Postmaster General shall appoint
and shall have the power to remove the Deputy Postmaster General.
(2)
Pay
The
pay of the Deputy Postmaster General shall be determined by the
Governors.
(3)
Term of
service
The term of service of the Deputy Postmaster General
shall be determined by the Governors and the Postmaster General.
(i)
Executive
committee
(1)
Authority to
establish
The Board, by a vote of a majority of its members, may
establish an Executive Committee of the Board, consistent with
paragraph
(2).
(2)
Board
membership and responsibilities
If established by the Board, the
Executive Committee shall—
(A) be composed of
the Chairperson of the Board and 2 additional Governors designated
by the
Board, except that not more than 2 members of the Executive
Committee may be
members of any 1 political party;
(B) develop and
oversee implementation of strategies and measures to ensure the
long-term
financial solvency of the Postal Service;
(C) develop and
oversee the implementation of the financial plan and budget
required under
section 403 of the Postal Reform Act of 2014 and updates to the financial plan
and budget;
(D) make
recommendations to the Board regarding aspects of postal
operations; and
(E) assume such other
responsibilities as the Board determines appropriate.
(3)
Quorum
2
members of the Executive Committee shall constitute a quorum for
the
transaction of business by the Executive Committee.
(4)
Termination
The
Executive Committee may be terminated by a vote of the majority of
the members
of the
Board.
.
(b)
Procedures of
the board
Section 205(c) of title 39, United States Code, is
amended by striking 6 members and inserting 5
members.
(c)
Incumbents;
implementation
(1)
Incumbents
An
individual serving as a Governor on the Board of Governors of the Postal
Service (referred to in this subsection as a Governor) on the date
of enactment of this Act may continue to serve as a Governor until the
expiration of the term of that Governor.
(2)
Implementation
of membership reduction
(A)
In
general
One
of the 2 positions as a Governor for which the term is scheduled to expire
on
December 8, 2014, shall not be filled after the position becomes vacant.
(B)
Preference for
abolishing vacant position
If 1 of the 2 positions referred to in subparagraph (A) is vacant on the date of enactment of this
Act,
that
vacant position shall be the position that is not filled, as required
under
such subparagraph.
(d)
Conforming
Amendments
Title 39, United States Code, is amended—
(1) in section
102(3)—
(A) by striking
9 and inserting 8; and
(B) by striking
202(a) and inserting 202(b)(1)(C); and
(2) in section
203—
(A) by striking
202(c) and inserting 202(g); and
(B) by striking
202(d) and inserting 202(h).
402.
Strategic
Advisory Commission on Postal Service Solvency and Innovation
(a)
Establishment
(1)
In
general
There is established in the executive branch a Strategic
Advisory Commission on Postal Service Solvency and Innovation (referred to
in
this section as the Advisory Commission).
(2)
Independence
The
Advisory Commission shall not be subject to the supervision of the Board
of
Governors of the Postal Service (referred to in this section as the Board
of Governors), any Executive Committee established under section 202(i) of title 39, United States Code, the
Postmaster General, or any other officer or employee
of the Postal Service.
(b)
Purpose
The
purpose of the Advisory Commission is to—
(1) provide
strategic guidance to the President, Congress, the Board of Governors, the
Postmaster General, and the Chief Innovation Officer on enhancing the
long-term solvency of the Postal Service;
and
(2) foster
innovative thinking to address the challenges facing the Postal Service
without unfairly competing with the private sector.
(c)
Membership
(1)
Composition
The
Advisory Commission shall be composed of 7 members, of whom—
(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;
and
(B) 1 member shall be
appointed by each of—
(i) the
majority leader of the Senate;
(ii) the minority
leader of the Senate;
(iii) the Speaker of
the House of Representatives; and
(iv) the minority
leader of the House of Representatives.
(2)
Qualifications
Members
of the Advisory Commission shall have—
(A) recognized and significant experience in such fields as business, technology, and public
administration;
(B) a documented record of
innovative thinking;
(C) familiarity with
new and emerging technologies; and
(D) experience with
revitalizing organizations, corporations, or communities that experienced
significant financial challenges or
other challenges.
(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.
(4)
Deadline for
appointment
Each member of the Advisory Commission shall be
appointed not later than 60 days after the date of enactment of this
Act.
(5)
Meetings;
quorum; vacancies
(A)
Meetings
The
Advisory Commission shall meet at the call of the Chairperson or a
majority of
the members of the Advisory Commission.
(B)
Quorum
4
members of the Advisory Commission shall constitute a quorum.
(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.
(d)
Duties and
powers
(1)
Duties
The
Advisory Commission shall—
(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—
(i) the
financial, operational, and structural condition of the Postal Service;
(ii) alternative
strategies and business models that the Postal Service could adopt;
(iii) opportunities
for additional postal and nonpostal services that the Postal
Service could offer;
(iv) the comparative postal practices of other countries, including innovative
products and services that postal services in other countries have
offered, including
services that respond to the increasing use of electronic means of
communication, and different approaches to mail delivery that other
countries have adopted;
(v) the
governance and organizational and management structures of the Postal
Service; and
(vi) efforts by the Postal Service to recruit and retain a workforce, particularly in rural areas,
capable of meeting the strategic needs of the Postal Service regarding
innovation, nationwide service standards, and nationwide delivery
schedules; and
(B) submit the report
required under subsection (h).
(2)
Hearings
The
Advisory Commission may hold such hearings, take such testimony, and
receive
such evidence as is necessary to carry out this section.
(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.
(e)
Applicability of laws
The Federal Advisory Committee Act (5 U.S.C. App) and section 552a of title 5, United States Code
(commonly known as the Privacy Act of 1974) shall apply to the Advisory Commission.
(f)
Assistance from Federal agencies
(1)
Postal Service
The Postmaster General shall provide to the Advisory Commission administrative support and other
services for the performance of the functions of the Advisory Commission.
(2)
Other departments and agencies
An agency of the Federal Government may provide to the Advisory Committee such services,
funds, facilities, staff, and other support services that the agency
determines to be advisable or is otherwise authorized under law.
(g)
Personnel
matters
(1)
Advisory
Commission members
(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 section 5315
of
title 5, United States Code, for each day during which the member is
engaged in
the actual performance of the duties of the Advisory Commission.
(B)
Travel
expenses
Each member of the Advisory Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at the rate
authorized for employees serving intermittently in the Government service
under
section 5703 of title 5, United States Code, while away from home or
regular
place of business in the performance of services for the Advisory
Commission.
(2)
Staff
(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 subparagraph may not exceed the annual rate of
basic
pay prescribed for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(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.
(h)
Strategic
blueprint for long-term solvency
(1)
In
general
Not later than 9 months after the date of enactment of
this Act, the Advisory Commission shall submit a report that contains a
strategic blueprint for the long-term solvency of the Postal Service to—
(A) the
President;
(B) the Committee on
Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on
Oversight and Government Reform of the House of Representatives;
(D) the Board of
Governors; and
(E) the Postmaster
General.
(2)
Contents
The
strategic blueprint contained in the report submitted under paragraph (1)
shall
include—
(A) an assessment of
the business model of the Postal Service as of the date on which the
report is
submitted;
(B) an assessment of
potential future business models for the Postal Service, including an
evaluation of the appropriate balance between—
(i) necessary
reductions in costs and services; and
(ii) additional
opportunities for growth and revenue;
(C) a strategy for
addressing significant current and future liabilities;
(D) identification of
opportunities for further reductions in costs;
(E) identification of
opportunities for new and innovative products and services;
(F) a strategy for
future growth;
(G) a vision of how
the Postal Service will operate in a sustainable manner 20 years after the
date
of enactment of this Act;
(H) a strategy for ensuring that the Postal Service has a sufficient workforce to meet all of its needs
and comply with applicable legal requirements; and
(I) recommendations
for any legislative changes necessary to implement the strategic blueprint
described in this paragraph.
(i)
Study and
strategic plan on interagency agreements for post offices
(1)
Duties of
Advisory Commission
(A)
Study
(i)
In
general
The Advisory Commission shall conduct a study concerning
the advisability of the Postal Service entering into interagency
agreements
with Federal, State, and local agencies, with respect to post offices,
that—
(I) streamline and
consolidate services provided by Federal, State, and local agencies;
(II) decrease the
costs incurred by Federal agencies in providing services to the general
public;
and
(III) improve the
efficiency and maintain the customer service standards of the Federal,
State,
and local agencies.
(ii)
Clarification
of interagency agreements
The study under clause (i) shall
include consideration of the advisability of the Postal Service entering
into
an interagency agreement with Federal
agencies responsible for providing services to the general public.
(B)
Findings
The
Advisory Commission shall—
(i) not
later than 9 months after the date of enactment of this Act, submit to the
Postal Service the findings of the study conducted under subparagraph (A);
and
(ii) incorporate the
findings described in clause (i) into the strategic blueprint required
under
subsection (h).
(2)
Postal Service
strategic plan
(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 nonbinding strategic plan for
entering into
interagency agreements concerning post offices to—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Limitations
The
strategic plan submitted under subparagraph (A) shall be consistent with
public
interest and demand.
(C)
Cost savings
projections
The strategic plan submitted under subparagraph (A)
shall include, for each proposed interagency 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.
(j)
Termination of
the commission
The Advisory Commission shall terminate on the earlier of—
(1) the date that is 60 days after the later of—
(A) the date on which
the Advisory Commission submits the report on the strategic blueprint for
long-term solvency under subsection (h); or
(B) the date on which
the Advisory Commission submits the findings on interagency agreements for
post
offices under subsection (i); or
(2) the date that is 1 year after the date of enactment.
(k)
Authorization
of appropriations
There are authorized to be appropriated out of
the Postal Service Fund a total of not more than $3,000,000 for fiscal
years 2014 and 2015.
403.
Long-term
solvency plan; annual financial plan and budget
(a)
Definitions
In
this section—
(1) the term
Board of Governors means the Board of Governors of the Postal
Service;
(2) the term
long-term solvency plan means the plan required to be submitted by
the Postmaster General under subsection (b)(1); and
(3) the 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 under, and comply with the policies of, title 39, United
States
Code, and other obligations of the Postal Service.
(b)
Plan for the
long-term solvency of the Postal Service
(1)
Solvency plan
required
(A)
In
general
Not later than the date described in subparagraph (B),
the Postmaster General shall submit to the Board of Governors a plan
describing
the actions the Postal Service intends to take to achieve long-term
solvency.
(B)
Date
The
date described in this subparagraph is the later of—
(i) the
date that is 90 days after the date of enactment of this Act; and
(ii) the earliest
date as of which the Board of Governors has the number of members required
for
a quorum.
(2)
Considerations
The
long-term solvency plan shall take into account—
(A) the legal
authority of the Postal Service;
(B) changes in the
legal authority and responsibilities of the Postal Service under this Act
and
the amendments made by this Act;
(C) any cost savings
that the Postal Service anticipates will be achieved through negotiations
with
employees of the Postal Service;
(D) projected changes
in mail volume;
(E) the impact of any
regulations that the Postal Service is required to promulgate under
Federal
law;
(F) projected changes
in the number of employees needed to carry out the responsibilities of the
Postal Service; and
(G) the long-term
capital needs of the Postal Service, including the need to maintain,
repair,
and replace facilities and equipment.
(3)
Review and
submission to Congress
(A)
Review
Upon
receipt of the long-term solvency plan, the Board of Governors shall
review the
long-term solvency plan and may request that the Postmaster General make
changes to the long-term solvency plan.
(B)
Submission to
Congress
Not later than 60 days after initial receipt of the
long-term solvency plan, the Board of Governors shall provide a copy of
the
long-term solvency plan 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, together with a letter indicating whether
and in
what respects the Board of Governors agrees or disagrees with the measures
set
out in the long-term solvency plan.
(4)
Updates
(A)
Annual updates
required
The Postmaster General shall update and submit to the
Board of Governors the long-term solvency plan not less frequently than
annually for 5 years after the date of enactment of this Act.
(B)
Review by Board
of Governors
The Board of Governors shall review and submit to
Congress the updates under this paragraph in accordance with paragraph
(3).
(c)
Annual
financial plan and budget
(1)
In
general
For each of the first 5 full fiscal years after the date
of enactment of this Act, not later than August 1 of the preceding fiscal
year,
the Postmaster General shall submit to the Board of Governors a financial
plan
and budget for the fiscal year that is consistent with the goal of
achieving
the long-term solvency of the Postal Service.
(2)
Contents of
financial plan and budget
The financial plan and budget for a
fiscal year shall—
(A) promote the
financial stability of the Postal Service and provide for progress towards
the
long-term solvency of the Postal Service;
(B) include the
annual budget program of the Postal Service under section 2009 of title
39,
United States Code, and the plan of the Postal Service commonly referred
to as
the Integrated Financial Plan;
(C) describe lump-sum
expenditures by all categories traditionally used by the Postal Service;
(D) describe capital
expenditures, together with a schedule of projected capital commitments
and
cash outlays of the Postal Service, and proposed sources of funding;
(E) contain estimates
of overall debt (both outstanding and expected to be incurred);
(F) contain cash flow
and liquidity forecasts for the Postal Service at such intervals as the
Board
of Governors may require;
(G) include a
statement describing methods of estimations and significant assumptions;
and
(H) address any other
issues that the Board of Governors considers appropriate.
(3)
Process for
submission and approval of financial plan and budget
(A)
Definition
In
this paragraph, the term covered recipient means—
(i) the
Postmaster General;
(ii) the
President;
(iii) the Committee
on Homeland Security and Governmental Affairs of the Senate; and
(iv) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Review by the
Board of Governors
(i)
In
general
Upon receipt of a financial plan and budget under
paragraph (1), the Board of Governors shall promptly review the financial
plan
and budget.
(ii)
Additional
information
In conducting the review under this subparagraph, the
Board of Governors may request any additional information it considers
necessary and appropriate to carry out the duties of the Board of
Governors.
(C)
Approval of
financial plan and budget submitted by the Postmaster General
If
the Board of Governors determines that the financial plan and budget for a
fiscal year received under paragraph (1) meets the requirements under
paragraph
(2) and otherwise adequately addresses the financial situation of the
Postal
Service—
(i) the
Board of Governors shall approve the financial plan and budget and submit
a
notice of approval to each covered recipient; and
(ii) the Postmaster
General shall submit the annual budget program for the relevant fiscal
year to
the Office of Management and Budget in accordance with section 2009 of
title
39, United States Code.
(D)
Disapproval of
financial plan and budget submitted by the Postmaster General
(i)
In
general
If the Board of Governors determines that the financial
plan and budget for a fiscal year under paragraph (1) does not meet the
requirements under paragraph (2) or is otherwise inadequate in addressing
the
financial situation of the Postal Service, the Board of Governors shall—
(I) disapprove the
financial plan and budget;
(II) submit to each
covered recipient a statement that describes the reasons for the
disapproval;
(III) direct the
Postmaster General to appropriately revise the financial plan and budget
for
the Postal Service; and
(IV) submit the
revised financial plan and budget to each covered recipient.
(ii)
Submission to
Office of Management and Budget
Upon receipt of a revised
financial plan and budget under clause (i)(IV), the Postmaster General
shall
submit the annual budget program for the relevant fiscal year to the
Office of
Management and Budget in accordance with section 2009 of title 39, United
States Code.
(E)
Deadline for
transmission of financial plan and budget by Board of
Governors
Notwithstanding any other provision of this paragraph,
not later than September 30 of the fiscal year that precedes each fiscal
year
for which a financial plan and budget is required under paragraph (1), the
Board of Governors shall submit to each
covered recipient—
(i) a notice of approval under subparagraph (C)(i); or
(ii) an approved financial plan and budget for the fiscal year
under subparagraph (D)(i)(IV).
(F)
Revisions to
financial plan and budget
(i)
Permitting
Postmaster General to submit revisions
The Postmaster General may
submit proposed revisions to the financial plan and budget for a fiscal
year to
the Board of Governors at any time during that fiscal year.
(ii)
Process for
review, approval, disapproval, and Postmaster General action
The
procedures described in subparagraphs (B) through (E) shall apply with
respect
to a proposed revision to a financial plan and budget in the same manner
as
such procedures apply with respect to the original financial plan and
budget.
(d)
Assumptions
based on current law
In preparing the long-term solvency plan or
an annual financial plan and budget required under this section, the
Postal
Service shall base estimates of revenues and expenditures on Federal law
as in
effect at the time of the preparation of the long-term solvency plan or
the
financial plan and budget.
404.
Chief
Innovation Officer; innovation strategy
(a)
Chief
Innovation Officer
(1)
In
general
Chapter 2 of title 39, United States Code, is
amended by adding at the end the following:
209.
Chief
innovation officer
(a)
Establishment
There
shall be in the Postal Service a Chief Innovation Officer appointed
by the
Postmaster General.
(b)
Qualifications
The
Chief Innovation Officer shall have proven expertise and a record
of
accomplishment in areas such as—
(1) the postal and
shipping industry;
(2) innovative
product research and development;
(3) brand marketing
strategy;
(4) new and emerging
technology, including communications technology; or
(5) business process
management.
(c)
Duties
The
Chief Innovation Officer shall lead the development and
implementation
of—
(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; and
(2) nonpostal
services authorized under section 404(a)(6) that have the
potential to improve the net financial position of the Postal
Service.
(d)
Deadline
The
Postmaster General shall appoint a Chief Innovation Officer not
later than 90
days after the date of enactment of the Postal Reform Act of 2014.
.
(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:
209. Chief Innovation
Officer.
.
(b)
Innovation
strategy
(1)
Initial report
on innovation strategy
(A)
In
general
Not later than 9 months 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 services, to—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Matters to be
addressed
At a minimum, the report on innovation strategy
required under subparagraph (A) shall describe—
(i) the
specific innovative postal and nonpostal services to be developed
and offered by the Postal Service, including—
(I) the nature of the
market demand to be satisfied by each product or service; and
(II) the estimated
date by which each product or service will be introduced;
(ii) the cost of
developing and offering each product or service;
(iii) the anticipated
sales volume for each product or service;
(iv) the anticipated
revenues and profits to be generated by each product or service;
(v) the
likelihood of success of each product or service and the risks associated
with
the development and sale of each product or service;
(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);
(vii) any innovations
designed to improve the net financial position of the Postal Service,
other
than the offering of new products and services; and
(viii) the metrics
that will be used to assess the effectiveness of the innovation
strategy.
(2)
Annual
report
(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—
(i) the
Committee on Homeland Security and Governmental Affairs of the Senate;
and
(ii) the Committee on
Oversight and Government Reform of the House of Representatives.
(B)
Matters to be
addressed
At a minimum, an annual report submitted under
subparagraph (A) shall include—
(i) an
update of the initial report on innovation strategy submitted under
paragraph
(1);
(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; and
(iii) an analysis of
the performance of each product, service, or other innovation described in
the
initial report on innovation strategy, including—
(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;
(II) trends in each
market in which a product or service is intended to satisfy a demand;
(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;
(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;
(V) the performance
of innovations other than new products and services that are designed to
improve the net financial position of the Postal Service; and
(VI) the performance
of the innovation strategy according to the metrics described in paragraph
(1)(B)(viii).
405.
Area and
district office structure
(a)
Definitions
In
this section—
(1) the term
area office means the central office of an administrative field
unit with responsibility for postal operations in a designated geographic
area
that is comprised of district offices;
(2) the term
district office means the central office of an administrative
field unit with responsibility for postal operations in a designated
geographic
area (as defined under regulations, directives, or other guidance of the
Postal
Service, as in effect on January 1, 2013); and
(3) the term
State includes the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other territory or
possession of the United States.
(b)
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
Government Reform of the House of Representatives a comprehensive
strategic
plan for an area office and district office structure that will—
(1) be efficient and
cost effective;
(2) not substantially
and adversely affect the operations of the Postal Service; and
(3) reduce the total
number of area and district offices.
(c)
Implementation
Not
later than 60 days after the date on which the Postal Service submits the
plan
under subsection (b), the Postal Service shall begin implementing the
plan,
including, where appropriate, by consolidating area and district
offices.
(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.
406.
Inspector
General of the Postal Service
(a)
Appointment of
Inspector General of the Postal Service by President
The
Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section
8G—
(A) in subsection
(a)—
(i) in
paragraph (2), by striking the Postal Regulatory Commission, and the
United States Postal Service and inserting and the Postal
Regulatory Commission;
(ii) in
paragraph (3), by striking subsection (h)(1) and inserting
subsection (g)(1); and
(iii) in paragraph
(4)—
(I) in the matter
preceding subparagraph (A), by striking subsection (h)(1) and
inserting subsection (g)(1);
(II) by striking
subparagraph (B); and
(III) by
redesignating subparagraphs (C) through (H) as subparagraphs (B) through
(G),
respectively;
(B) in subsection
(c), by striking Except as provided under subsection (f) of this
section, the and inserting The;
(C) by striking
subsection (f); and
(D) by redesignating
subsections (g) and (h) as subsections (f) and (g), respectively;
(2) by inserting
after section 8M the following:
8N.
Special
provisions concerning the Inspector General of the United States
Postal
Service
(a) In this
section—
(1) the term
Governors has the meaning given that term in section 102(3) of
title 39, United States Code; and
(2) the term
Inspector General means the Inspector General of the United States
Postal Service.
(b) In carrying out
the duties and responsibilities specified in this Act, the
Inspector General
shall have oversight responsibility for all activities of the
Postal Inspection
Service, including any internal investigation performed by the
Postal
Inspection Service. The Chief Postal Inspector shall promptly
report the
significant activities being carried out by the Postal Inspection
Service to
the Inspector General.
(c)
(1)
(A) The Inspector General
shall be under the authority, direction, and control of the
Governors with
respect to audits or investigations, or the issuance of subpoenas,
which
require access to sensitive information concerning—
(i) ongoing civil or criminal
investigations or proceedings;
(ii) undercover operations;
(iii) the identity of confidential
sources, including protected witnesses;
(iv) intelligence or counterintelligence
matters; or
(v) other matters the disclosure of which
would constitute a serious threat to national security.
(B) With respect to the information
described under subparagraph (A), the Governors may prohibit the
Inspector
General from carrying out or completing any audit or investigation,
or from
issuing any subpoena, after the Inspector General has decided to
initiate,
carry out, or complete such audit or investigation or to issue such
subpoena,
if the Governors determine that such prohibition is necessary to
prevent the
disclosure of any information described under subparagraph (A) or
to prevent
the significant impairment to the national interests of the United
States.
(C) If the Governors exercise any power
under subparagraph (A) or (B), the Governors shall notify the
Inspector General
in writing of the reasons for the exercise of such power. Not later
than
30 days after receipt of any such notice, the Inspector General
shall transmit
a copy of the notice 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, and to other appropriate committees
or
subcommittees of the Congress.
(2) In carrying out the duties and
responsibilities specified in this Act, the Inspector General—
(A) may initiate, conduct, and supervise
such audits and investigations of the United States Postal Service
as the
Inspector General considers appropriate; and
(B) shall give particular regard to the
activities of the Postal Inspection Service with a view toward
avoiding
duplication and ensuring effective coordination and cooperation.
(3) Any report required to be transmitted
by the Governors to the appropriate committees or subcommittees of
the Congress
under section 5(d) shall also be transmitted, within the 7-day
period
specified under that section, to the Committee on Homeland Security
and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform of the House of Representatives.
(d) Nothing in this
Act shall restrict, eliminate, or otherwise adversely affect any of
the rights,
privileges, or benefits of either employees of the United States
Postal
Service, or labor organizations representing employees of the
United States
Postal Service, under chapter 12 of title 39, United States Code,
the National
Labor Relations Act (29 U.S.C. 151 et seq.), any handbook or manual
affecting
employee labor relations with the United States Postal Service, or
any
collective bargaining agreement.
(e) There are
authorized to be appropriated, out of the Postal Service Fund, such
sums as may
be necessary for the Office of Inspector General of the United
States Postal
Service.
;
and
(3) in section
12—
(A) in paragraph (1),
by striking or the Director of the National Reconnaissance Office and inserting
the Director of the National Reconnaissance Office; or the Board of Governors of the
United
States Postal Service; and
(B) in paragraph (2),
by striking or the National Reconnaissance Office and inserting the National Reconnaissance Office, or the United States
Postal Service.
(b)
Technical and
conforming amendments
Title 39, United States Code, is
amended—
(1) in section
102(4), by striking section 202(e) of this title and inserting
section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.);
(2) in section
1001(b), in the first sentence, by inserting , and section 3 of the
Inspector General Act of 1978 (5 U.S.C. App.) after 1001(c) of
this title; and
(3) in section
1005(a)(3), by inserting , and section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) after 1001(c) of this title.
(c)
Applicability
(1)
In
general
The amendments made by this section shall apply with
respect to the first individual appointed as Inspector General of the
Postal
Service after the date of enactment of this Act.
(2)
Rule of
construction
Nothing in this Act may be construed to alter the
authority or the length of the term of the individual serving as Inspector
General of the Postal Service on the date of enactment of this Act.
407.
Postal Regulatory Commission
(a)
Commissioners
Section 502 of title 39, United States Code, is amended—
(1) in subsection (c), by striking subsection (f) and inserting subsections (f) and (g); and
(2) by adding at the end the following:
(g) The Commissioners may serve for not more than 2 full terms.
.
(b)
Administration
Section 504 of title 39, United States Code, is amended—
(1) in subsection (a), in the second sentence—
(A) by striking The Chairman and inserting Subject to the policies adopted under subsection (b), the Chairman; and
(B) by striking all the executive and inserting the day-to-day executive;
(2) by amending subsection (b) to read as follows:
(b)
(1) The Chairman shall be governed by the policies adopted by the Commission under paragraph (2)(A) in
carrying out any of the functions under this section.
(2) The Commission shall adopt, by a vote of the majority of the members of the Commission, policies
that shall govern all functions of the Commission, including the finances,
operations, and administration of the Commission.
(3) The Commission shall review and, if necessary, revise the policies adopted under paragraph (2) not
less frequently than every 4 years. Adoption of revised policies, or
re-adoption of existing policies, shall be by a vote of the majority of
the members of the Commission.
; and
(3) in subsection (c), by striking The Chairman and inserting Subject to the policies adopted under subsection (b), the Chairman.
408.
Postal Service contracts and congressional oversight authority
(a)
In general
Chapter 4 of title 39, United States Code, is amended by adding at the end the following:
417.
Postal Service contracts and congressional oversight authority
The Postal
Service may not enter into any contract that restricts the ability of Congress
to exercise oversight
authority.
.
(b)
Technical and
conforming amendment
The table of sections for chapter 4 of title 39, United States Code, is amended by adding at the
end the
following:
417. Postal Service contracts and congressional oversight authority.
.
V
Federal Employees’ Compensation
Act
501.
Short title; references
(a)
Short title
This title may be cited as the
Workers' Compensation Reform Act of 2014.
(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.
502.
Federal
workers compensation reforms for retirement-age employees
(a)
Conversion
of entitlement at retirement age
(1)
Definitions
Section
8101 is amended—
(A) in paragraph
(18), by striking and at the end;
(B) in paragraph
(19), by striking and at the end;
(C) in paragraph
(20), by striking the period at the end and inserting a semicolon; and
(D) by adding at
the end the following:
(21) retirement
age has the meaning given that term under section 216(l)(1) of the
Social Security Act (42 U.S.C. 416(l)(1));
(22) covered
claim for total disability means a claim for a period of total
disability that commenced before the date of enactment of the
Workers' Compensation Reform Act of 2014;
(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 2014; and
(24) individual
who has an exempt disability condition means an individual—
(A) who—
(i) is eligible
to receive continuous periodic compensation for total disability
under section
8105 on the date of enactment of the Workers' Compensation Reform Act of 2014; and
(ii) meets the
criteria under section 8105(c);
(B) who, on the
date of enactment of the Workers' Compensation Reform Act of 2014—
(i) is eligible
to receive continuous periodic compensation for total disability
under section
8105; and
(ii) has
sustained a currently irreversible severe mental or physical
disability for
which the Secretary of Labor has authorized, for at least the
1-year period
ending on the date of enactment of the Workers' Compensation Reform Act of 2014,
constant in-home care or custodial care, such as placement in a
nursing home;
or
(C) who is
eligible to receive continuous periodic compensation for total
disability under
section 8105—
(i) for not less
than the 3-year period ending on the date of enactment of the
Workers' Compensation Reform Act of 2014; or
(ii) if the
individual became eligible to receive continuous periodic
compensation for
total disability under section 8105 during the period beginning on
the date
that is 3 years before the date of enactment of the
Workers' Compensation Reform Act of 2014 and ending on such date of enactment, for not less than the
3-year period beginning on the date on which the individual became
eligible.
.
(2)
Total
disability
Section 8105 is amended—
(A) in subsection
(a), by striking If and inserting In general.—Subject to
subsection (b), if;
(B) by
redesignating subsection (b) as subsection (c); and
(C) by inserting
after subsection (a) the following:
(b)
Conversion
of entitlement at retirement age
(1)
In
general
Except as provided in paragraph (2), the basic
compensation for total disability for an employee who has attained
retirement
age shall be 50 percent of the monthly pay of the employee.
(2)
Exceptions
(A)
Covered
recipients who have attained retirement age, have an exempt
disability condition, or face
financial hardship
Paragraph (1) shall not apply to a covered
claim for total disability by an employee if the employee—
(i) on the date
of enactment of the Workers' Compensation Reform Act of 2014, has attained retirement age;
(ii) is an
individual who has an exempt disability condition; or
(iii) is a member of
a household that would meet the income and assets requirements for
eligibility
for the supplemental nutrition assistance program as described in
section 5 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014) (not including
any
provisions permitting eligibility due to benefits received under
any other law)
if the basic compensation for total disability of the employee were
provided in
accordance with paragraph (1).
(B)
Transition
period for certain employees
For a covered claim for total
disability by an employee who is not an employee described in
subparagraph (A),
the employee shall receive the basic compensation for total
disability provided
under subsection (a) until the later of—
(i) the date on
which the employee attains retirement age; and
(ii) the date
that is 3 years after the date of enactment of the
Workers' Compensation Reform Act of 2014.
.
(3)
Partial
disability
Section 8106 is amended—
(A) in subsection
(a), by striking If and inserting In general.—Subject to
subsection (b), if;
(B) by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively;
and
(C) by inserting
after subsection (a) the following:
(b)
Conversion
of entitlement at retirement age
(1)
In
general
Except as provided in paragraph (2), the basic
compensation for partial disability for an employee who has
attained retirement
age shall be 50 percent of the difference between the monthly pay
of the
employee and the monthly wage-earning capacity of the employee
after the
beginning of the partial disability.
(2)
Exceptions
(A)
Covered
recipients who have attained retirement age or face financial
hardship
Paragraph (1) shall not apply to a covered claim for
partial disability by an employee if the employee—
(i) on the date of
enactment of the Workers' Compensation Reform Act of 2014, has attained retirement age; or
(ii) is a member of a
household that would meet the income and assets requirements for
eligibility
for the supplemental nutrition assistance program as described in
section 5 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014) (not including
any
provisions permitting eligibility due to benefits received under
any other law)
if the basic compensation for total disability of the employee were
provided in
accordance with paragraph (1).
(B)
Transition
period for certain employees
For a covered claim for partial
disability by an employee who is not an employee described in
subparagraph (A),
the employee shall receive basic compensation for partial
disability in
accordance with subsection (a) until the later of—
(i) the date on
which the employee attains retirement age; and
(ii) the date
that is 3 years after the date of enactment of the
Workers' Compensation Reform Act of 2014.
.
503.
Augmented compensation for
dependents
(a)
In general
Section 8110 is amended—
(1) by redesignating subsection (b) as
subsection (c); and
(2) by inserting after subsection (a) the
following:
(b)
Termination of augmented
compensation
(1)
In general
Subject to paragraph (2), augmented
compensation for dependants under subsection (c) shall not be
provided.
(2)
Exceptions
(A)
Total disability
For a covered claim for total disability by
an employee—
(i) the employee shall receive augmented
compensation under subsection (c) if the employee is an individual
who has an
exempt disability condition; and
(ii) the employee shall receive augmented
compensation under subsection (c) until the date that is 3 years
after the date
of enactment of the Workers' Compensation Reform Act of 2014 if the employee is not an employee described
in clause (i).
(B)
Partial disability
For a covered claim for partial disability
by an employee, the employee shall receive augmented compensation
under
subsection (c) until the date that is 3 years after the date of
enactment of
the Workers' Compensation Reform Act of 2014.
(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 2014, the employee shall receive
augmented compensation under subsection
(c).
.
(b)
Maximum and minimum monthly
payments
Section 8112 is
amended—
(1) in subsection (a)—
(A) by inserting subsections (b) and (c)
and before section 8138;
(B) by striking including augmented
compensation under section 8110 of this title but; and
(C) by striking 75 percent each
place it appears and inserting 66 2/3
percent;
(2) by redesignating subsection (b) as
subsection (c);
(3) by inserting after subsection (a) the
following:
(b)
Exceptions
(1)
Covered disability condition
For a covered claim for total disability by
an employee, if the employee is an individual who has an exempt
disability
condition—
(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum monthly
amounts under
subsection (a) shall include any augmented compensation under
section 8110;
and
(B) subsection (a) shall be applied by
substituting 75 percent for 66 2/3
percent each place it appears.
(2)
Partial disability
For a covered claim for partial disability
by an employee, until the date that is 3 years after the date of
enactment of
the Workers' Compensation Reform Act of 2014—
(A) the monthly rate of compensation for
disability that is subject to the maximum and minimum monthly
amounts under
subsection (a) shall include any augmented compensation under
section 8110;
and
(B) subsection (a) shall be applied by
substituting 75 percent for 66 2/3
percent each place it appears.
;
and
(4) in subsection (c), as redesignated by
paragraph (2), by striking subsection (a) and inserting
subsections (a) and (b).
(c)
Death benefits generally
Section 8133 is amended—
(1) in subsections (a) and (e), by striking
75 percent each place it appears and inserting
66 2/3 percent (except as provided in subsection
(g)); and
(2) by adding at the end the following:
(g) If the death occurred before the date of
enactment of the Workers' Compensation Reform Act of 2014, subsections (a) and (e) shall be applied by
substituting 75 percent for 66 2/3
percent each place it
appears.
.
(d)
Death benefits for civil air patrol
volunteers
Section 8141 is
amended—
(1) in subsection (b)(2)(B) by striking
75 percent and inserting 66 2/3
percent (except as provided in subsection (c));
(2) by redesignating subsection (c) as
subsection (d); and
(3) by inserting after subsection (b) the
following:
(c) If the death occurred before the date of
enactment of the Workers' Compensation Reform Act of 2014, subsection (b)(2)(B) shall be applied by
substituting 75 percent for 66 2/3
percent.
.
504.
Schedule compensation
payments
Section 8107 is
amended—
(1) in subsection (a), by striking at
the rate of 66 2/3 percent of his monthly pay and
inserting at the rate specified under subsection (d); and
(2) by adding at the end the following:
(d)
Rate for compensation
(1)
Annual salary
(A)
In general
Except as provided in paragraph (2), the
rate under subsection (a) shall be the rate of 66 2/3
percent of the annual salary level established under subparagraph
(B), in a
lump sum equal to the present value (as calculated under
subparagraph (C)) of
the amount of compensation payable under the schedule.
(B)
Establishment
(i)
In general
The Secretary of Labor shall establish an
annual salary for purposes of subparagraph (A) in the amount the
Secretary
determines will result in the aggregate cost of payments made under
this
section being equal to what would have been the aggregate cost of
payments
under this section if the amendments made by section 504 of the
Workers' Compensation Reform Act of 2014 had not been enacted.
(ii)
Cost of living adjustment
The annual salary established under clause
(i) shall be increased on March 1 of each year by the amount
determined by the
Secretary of Labor to represent the percent change in the price
index published
for December of the preceding year over the price index published
for the
December of the year prior to the preceding year, adjusted to the
nearest
one-tenth of 1 percent.
(C)
Present value
The Secretary of Labor shall calculate the
present value for purposes of subparagraph (A) using a rate of
interest equal
to the average market yield for outstanding marketable obligations
of the
United States with a maturity of 2 years on the first business day
of the month
in which the compensation is paid or, in the event that such
marketable
obligations are not being issued on such date, at an equivalent
rate selected
by the Secretary of Labor, true discount compounded annually.
(2)
Certain injuries
For an injury that occurred before the date
of enactment of the Workers' Compensation Reform Act of 2014, the rate under subsection (a) shall be
66 2/3 percent of the employee’s monthly pay.
(e)
Simultaneous receipt
(1)
Total disability
An employee who receives compensation for
total disability under section 8105 may only receive the lump sum
of schedule
compensation under this section in addition to and simultaneously
with the
benefits for total disability after the earlier of—
(A) the date on which the basic compensation
for total disability of the employee becomes 50 percent of the
monthly pay of
the employee under section 8105(b); or
(B) the date on which augmented compensation of
the employee terminates under section 8110(b)(2)(A)(ii), if the
employee
receives such compensation.
(2)
Partial disability
An employee who receives benefits for
partial disability under section 8106 may only receive the lump sum
of schedule
compensation under this section in addition to and simultaneously
with the
benefits for partial disability after the earlier of—
(A) the date on which the basic compensation
for partial disability of the employee becomes 50 percent of the
difference
between the monthly pay of the employee and the monthly
wage-earning capacity
of the employee after the beginning of the partial disability under
section
8106(b); or
(B) the date on which augmented compensation of
the employee terminates under section 8110(b)(2)(B), if the
employee receives
such
compensation.
.
505.
Vocational rehabilitation
(a)
In general
Section 8104 is amended—
(1) in subsection (a)—
(A) by striking (a) The Secretary of
Labor may and all that follows through undergo vocational
rehabilitation. and inserting the following:
(a)
In general
(1)
Direction
Except as provided in paragraph (2), not
earlier than the date that is 6 months after the date on which an
individual
eligible for wage-loss compensation under section 8105 or 8106 is
injured, or
by such other date as the Secretary of Labor determines it would be
reasonable
under the circumstances for the individual to begin vocational
rehabilitation,
and if vocational rehabilitation may enable the individual to
become capable of
more gainful employment, the Secretary of Labor shall direct the
individual to
participate in developing a comprehensive return to work plan and
to undergo
vocational rehabilitation at a location a reasonable distance from
the
residence of the
individual.
;
(B) by striking the Secretary of Health,
Education, and Welfare in carrying out the purposes of chapter 4 of title
29 and inserting the Secretary of Education in carrying out the
purposes of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.);
(C) by striking under section 32(b)(1)
of title 29 and inserting under section 5 of the Rehabilitation
Act of 1973 (29 U.S.C. 704); and
(D) by adding at the end the following:
(2)
Exception
The Secretary of Labor may not direct an
individual who has attained retirement age to participate in
developing a
comprehensive return to work plan or to undergo vocational
rehabilitation.
;
(2) by redesignating subsection (b) as
subsection (c);
(3) by inserting after subsection (a) the
following:
(b)
Contents of return to work
plan
A return to work plan
developed under subsection (a)—
(1) shall—
(A) set forth specific measures designed to
increase the wage-earning capacity of an individual;
(B) take into account the prior training and
education of the individual and the training, educational, and
employment
opportunities reasonably available to the individual; and
(C) provide that any employment undertaken by
the individual under the return to work plan be at a location a
reasonable
distance from the residence of the individual;
(2) may provide that the Secretary will pay out
of amounts in the Employees’ Compensation Fund reasonable expenses
of
vocational rehabilitation (which may include tuition, books,
training fees,
supplies, equipment, and child or dependent care) during the course
of the
plan; and
(3) may not be for a period of more than 2
years, unless the Secretary finds good cause to grant an extension,
which may
be for not more than 2
years.
;
(4) in subsection (c), as so
redesignated—
(A) by inserting Compensation.— before
Notwithstanding; and
(B) by striking , other than employment
undertaken pursuant to such rehabilitation; and
(5) by adding at the end the following:
(d)
Assisted reemployment agreements
(1)
In general
The Secretary may enter into an assisted
reemployment agreement with an agency or instrumentality of any
branch of the
Federal Government or a State or local government or a private
employer that
employs an individual eligible for wage-loss compensation under
section 8105 or
8106 to enable the individual to return to productive employment.
(2)
Contents
An assisted reemployment agreement under
paragraph (1)—
(A) may provide that the Secretary will use
amounts in the Employees’ Compensation Fund to reimburse an
employer in an
amount equal to not more than 100 percent of the compensation the
individual
would otherwise receive under section 8105 or 8106; and
(B) may not be for a period of more than 3
years.
(e)
List
To facilitate the hiring of individuals
eligible for wage-loss compensation under section 8105 or 8106, the
Secretary
shall provide a list of such individuals to the Office of Personnel
Management,
which the Office of Personnel Management shall provide to all
agencies and
instrumentalities of the Federal
Government.
.
(b)
Employees’ Compensation Fund
Section 8147 is amended by adding at the
end:
(d) Notwithstanding subsection (b), any
benefits or other payments paid to or on behalf of an employee
under this
subchapter or any extension or application thereof for a recurrence
of injury,
consequential injury, aggravation of injury, or increase in
percentage of
impairment to a member for which compensation is provided under the
schedule
under section 8107 suffered in a permanent position with an agency
or
instrumentality of the United States while the employment with the
agency or
instrumentality is covered under an assisted reemployment agreement
entered
into under section 8104(d) shall not be included in total cost of
benefits and
other payments in the statement provided to the agency or
instrumentality under
subsection (b) if the injury was originally incurred in a position
not covered
by an assisted reemployment
agreement.
.
(c)
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..
(d)
Mandatory benefit reduction for
noncompliance
Section 8113(b)
is amended by striking may reduce and inserting shall
reduce.
(e)
Technical and conforming
amendments
(1)
In general
Subchapter III of chapter 15 of title 31,
United States Code, is amended by adding at the end the following:
1538.
Authorization for assisted
reemployment
Funds may be
transferred from the Employees’ Compensation Fund established under
section
8147 of title 5 to the applicable appropriations account for an
agency or
instrumentality of any branch of the Federal Government for the
purposes of
reimbursing the agency or instrumentality in accordance with an
assisted
reemployment agreement entered into under section 8104 of title
5.
.
(2)
Table of sections
The table of sections for chapter 15 of
title 31, United States Code, is amended by inserting after the item
relating
to section 1537 the following:
1538. Authorization for
assisted
reemployment.
.
506.
Reporting requirements
(a)
In general
Chapter 81 is amended by inserting after
section 8106 the following:
8106a.
Reporting requirements
(a)
Definition
In this section, the term employee
receiving compensation means an employee who—
(1) is paid compensation under section 8105 or
8106; and
(2) has not attained retirement age.
(b)
Authority
The Secretary of Labor shall require an
employee receiving compensation to report the earnings of the
employee
receiving compensation from employment or self-employment, by
affidavit or
otherwise, in the manner and at the times the Secretary specifies.
(c)
Contents
An employee receiving compensation shall
include in a report required under subsection (a) the value of
housing, board,
lodging, and other advantages which are part of the earnings of the
employee
receiving compensation in employment or self-employment and the
value of which
can be estimated.
(d)
Failure To report and false
reports
(1)
In general
An employee receiving compensation who
fails to make an affidavit or other report required under
subsection (b) or who
knowingly omits or understates any part of the earnings of the
employee in such
an affidavit or other report shall forfeit the right to
compensation with
respect to any period for which the report was required.
(2)
Forfeited compensation
Compensation forfeited under this
subsection, if already paid to the employee receiving compensation,
shall be
recovered by a deduction from the compensation payable to the
employee or
otherwise recovered under section 8129, unless recovery is waived
under that
section.
.
(b)
Technical and conforming
amendments
The table of
sections for chapter 81 is amended by inserting after the item relating to
section 8106 the following:
8106a. Reporting
requirements.
.
507.
Disability management review; independent
medical examinations
Section
8123 is amended by adding at the end the following:
(e)
Disability management review
(1)
Definitions
In this subsection—
(A) the term covered employee
means an employee who is in continuous receipt of compensation for
total
disability under section 8105 for a period of not less than 6
months;
and
(B) the term disability management review
process means the disability management review process established under
paragraph (2)(A).
(2)
Establishment
The Secretary of Labor shall—
(A) establish a disability management review
process for the purpose of certifying and monitoring the disability
status and
extent of injury of each covered employee; and
(B) promulgate regulations for the
administration of the disability management review process.
(3)
Physical examinations
required
Under the disability
management review process, the Secretary of Labor shall
periodically require
covered employees to submit to physical examinations under
subsection (a) by
physicians selected by the Secretary. A physician conducting a
physical
examination of a covered employee shall submit to the Secretary a
report
regarding the nature and extent of the injury to and disability of
the covered
employee.
(4)
Frequency
(A)
In general
The regulations promulgated under paragraph
(2)(B) shall specify the process and criteria for determining when
and how
frequently a physical examination should be conducted for a covered
employee.
(B)
Minimum frequency
(i)
Initial
An initial physical examination shall be
conducted not more than a brief period after the date on which a
covered
employee has been in continuous receipt of compensation for total
disability
under section 8015 for 6 months.
(ii)
Subsequent examinations
After the initial physical examination,
physical examinations of a covered employee shall be conducted not
less than
once every 3 years.
(5)
Employing agency or instrumentality
requests
(A)
In general
The agency or instrumentality employing an
employee who has made a claim for compensation for total disability
under
section 8105 may at any time submit a request for the Secretary of
Labor to
promptly require the employee to submit to a physical examination
under this
subsection.
(B)
Requesting officer
A request under subparagraph (A) shall be
made on behalf of an agency or instrumentality by—
(i) the head of the agency or
instrumentality;
(ii) the Chief Human Capital Officer of the
agency or instrumentality; or
(iii) if the agency or instrumentality does not
have a Chief Human Capital Officer, an officer with
responsibilities similar to
those of a Chief Human Capital Officer designated by the head of
the agency or
instrumentality to make requests under this paragraph.
(C)
Information
A request under subparagraph (A) shall be
in writing and accompanied by—
(i) a certification by the officer making the
request that the officer has reviewed the relevant material in the
employee’s
file;
(ii) an explanation of why the officer has
determined, based on the materials in the file and other
information known to
the officer, that requiring a physical examination of the employee
under this
subsection is necessary; and
(iii) copies of the materials relating to the
employee that are relevant to the officer’s determination and
request, unless
the agency or instrumentality has a reasonable basis for not
providing the
materials.
(D)
Examination
If the Secretary of Labor receives a
request under this paragraph before an employee has undergone an
initial
physical examination under paragraph (4)(B)(i), the Secretary shall
promptly
require the physical examination of the employee. A physical
examination under
this subparagraph shall satisfy the requirement under paragraph
(4)(B)(i) that
an initial physical examination be conducted.
(E)
After initial examination
(i)
In general
If the Secretary of Labor receives a
request under this paragraph after an employee has undergone an
initial
physical examination under paragraph (4)(B)(i), the Secretary
shall—
(I) review the request and the information,
explanation, and other materials submitted with the request; and
(II) determine whether to require the physical
examination of the employee who is the subject of the request.
(ii)
Not granted
If the Secretary determines not to grant a
request described in clause (i), the Secretary shall promptly
notify the
officer who made the request and provide an explanation of the
reasons why the
request was
denied.
.
508.
Waiting period
(a)
In general
Section 8117 is amended—
(1) in the section heading, by striking
Time of accrual of
right and inserting Waiting period;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by
striking An employee and all that follows through is not
entitled and inserting In general.—An employee is not entitled to
continuation of pay within the meaning of section 8118 for the first 3
days of
temporary disability or, if section 8118 does not apply, is not
entitled;
(B) in paragraph (1), by adding
or at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph
(2); and
(3) in subsection (b)—
(A) by striking A Postal Service
the first place it appears and all that follows through A Postal
Service the second place it appears and inserting
Use of
leave.—An;
(B) by striking that 3-day
period and inserting the first 3 days of temporary
disability; and
(C) by striking or is followed by
permanent disability.
(b)
Continuation of pay
Section 8118 is amended—
(1) in the section heading, by striking
; election to use annual or
sick leave;
(2) in subsection (b)(1), by striking
section 8117(b) and inserting section
8117;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as
subsection (c).
(c)
Technical and conforming
amendments
The table of
sections for chapter 81 is amended by striking the items relating to
sections
8117 and 8118 and inserting the following:
8117. Waiting
period.8118. Continuation of
pay.
.
509.
Election of benefits
(a)
In general
Section 8116 is amended by adding at the
end the following:
(e)
Retirement benefits
(1)
In general
An individual entitled to compensation
benefits payable under this subchapter and under chapter 83 or 84
or any other
retirement system for employees of the Government, for the same
period, shall
elect which benefits the individual will receive.
(2)
Election
(A)
Deadline
An individual shall make an election under
paragraph (1) in accordance with such deadlines as the Secretary of
Labor shall
establish, which shall be a reasonable period after the individual
has received
notice of a final determination that the individual is entitled to
compensation
benefits payable under this subchapter.
(B)
Revocability
An election under paragraph (1) shall be
revocable, notwithstanding any other provision of law, except for
any period
during which an individual—
(i) was qualified for benefits payable under
both this subchapter and under a retirement system described in
paragraph (1);
and
(ii) was paid benefits under the retirement
system after having been notified of eligibility for benefits under
this
subchapter.
(3)
Informed choice
The Secretary of Labor shall provide
information, and shall ensure that information is provided, to an
individual
described in paragraph (1) about the benefits available to the
individual under
this subchapter or under chapter 83 or 84 or any other retirement
system
referred to in paragraph (1) the individual may elect to
receive.
.
(b)
Technical and conforming
amendments
Sections
8337(f)(3) and 8464a(a)(3) are each amended by striking
Paragraphs and inserting Except as provided under chapter
81, paragraphs.
510.
Sanction for noncooperation with field
nurses
Section 8123, as
amended by section 507, is amended by adding at the end the following:
(f)
Field nurses
(1)
Definition
In this subsection, the term field
nurse means a registered nurse that assists the Secretary in the
medical management of disability claims under this subchapter and
provides
claimants with assistance in coordinating medical care.
(2)
Authorization
The Secretary may use field nurses to
coordinate medical services and vocational rehabilitation programs
for injured
employees under this subchapter. If an employee refuses to
cooperate with a
field nurse or obstructs a field nurse in the performance of duties
under this
subchapter, the right to compensation under this subchapter shall
be suspended
until the refusal or obstruction
stops.
.
511.
Subrogation of continuation of pay
(a)
In general
Section 8131 is amended—
(1) in subsection (a), in the matter preceding
paragraph (1), by inserting continuation of pay or before
compensation;
(2) in subsection (b), by inserting
continuation of pay or before compensation;
and
(3) in subsection (c)—
(A) by inserting continuation of pay
or before compensation already paid; and
(B) by inserting continuation of pay or
before compensation payable.
(b)
Adjustment after recovery from a third
person
Section 8132 is
amended—
(1) in the first sentence—
(A) by inserting continuation of pay
or before compensation is payable;
(B) by inserting continuation of pay
or before compensation from the United States;
(C) by striking by him or in his
behalf and inserting by the beneficiary or on behalf of the
beneficiary;
(D) by inserting continuation of pay
and before compensation paid by the United States;
and
(E) by striking compensation payable to
him and inserting continuation of pay or compensation payable to
the beneficiary;
(2) in the second sentence, by striking
his designee and inserting the designee of the
beneficiary; and
(3) in the fourth sentence, by striking
If compensation and all that follows through payable to
him by the United States and inserting If continuation of pay or
compensation has not been paid to the beneficiary, the money or property
shall
be credited against continuation of pay or compensation payable to the
beneficiary by the United States.
(c)
Effective
date
This section and the
amendments made by this section shall take effect on the date of enactment
of
this Act.
512.
Integrity and compliance
(a)
In general
Subchapter I of chapter 81 is amended by
adding at the end the following:
8153.
Integrity and Compliance Program
(a)
Definitions
In this section—
(1) the term FECA program means
the Federal Employees Compensation Program administered under this
subchapter;
(2) the term improper payment has
the meaning given that term in section 2(g) of the Improper
Payments
Information Act of 2002 (31 U.S.C. 3321 note);
(3) the term Inspector
General—
(A) means an Inspector General described in
subparagraph (A), (B), or (I) of section 11(b)(1) of the Inspector
General Act
of 1978 (5 U.S.C. App.); and
(B) does not include the Inspector General of
an entity having no employees covered under the FECA program;
(4) the term Integrity and Compliance
Program means the Integrity and Compliance Program established under
subsection (b);
(5) the term provider means a
provider of medical or other services under the FECA program;
(6) the term Secretary means the
Secretary of Labor; and
(7) the term Task Force means the
FECA Integrity and Compliance Task Force established under
subsection
(c)(2)(A).
(b)
Integrity and compliance
program
Not later than 270
days after the date of enactment of this section, the Secretary
shall establish
an Integrity and Compliance Program for the purpose of preventing,
identifying,
and recovering fraudulent and other improper payments for the FECA
program,
which shall include—
(1) procedures for identifying potentially
improper payments before payment is made to claimants and
providers, including,
where appropriate, predictive analytics;
(2) reviews after payment is made to identify
potentially improper payments to claimants and providers;
(3) ongoing screening and verification
procedures to ensure the continued eligibility of medical providers
to provide
services under the FECA program, including licensure, Federal
disbarment, and
the existence of relevant criminal convictions;
(4) provision of appropriate information,
education, and training to claimants and providers on requirements
to ensure
the integrity of the FECA program, including payments under the
FECA
program;
(5) appropriate controls and audits to ensure
that providers adopt internal controls and procedures for
compliance with
requirements under the FECA program;
(6) procedures to ensure—
(A) initial and continuing eligibility of
claimants for compensation, benefits, or services under the FECA
program;
and
(B) ongoing verification of information in
databases relating to claimants to ensure accuracy and
completeness; and
(7) sharing and accessing data and information
with other agencies and instrumentalities of the United States,
including the
United States Postal Service.
(c)
Interagency cooperation on anti-Fraud
efforts
(1)
In general
In administering the FECA program,
including the Integrity and Compliance Program, the Secretary shall
cooperate
with other agencies and instrumentalities of the United States
(including the
United States Postal Service) and the Inspectors General of such
agencies and
instrumentalities to prevent, identify, and recover fraudulent and
other
improper payments under the FECA program.
(2)
Task force
(A)
In general
There is established a task force, which
shall be known as the FECA Integrity and Compliance Task Force.
(B)
Membership
The members of the Task Force shall
be—
(i) the Secretary, who shall serve as the
Chairperson of the Task Force;
(ii) the Postmaster General, who shall serve as
the Vice Chairperson of the Task Force;
(iii) the Attorney General;
(iv) the Director of the Office of Management
and Budget; and
(v) other appropriate Federal officials, as
determined by the Chairperson and Vice Chairperson of the Task
Force.
(C)
Advisory members
The following officials shall attend
meetings of the Task Force and participate as ad hoc, advisory
members, to
provide technical assistance and guidance to the Task Force with
respect to the
duties of the Task Force:
(i) The Inspector General of the Department of
Labor.
(ii) The Inspector General of the United States
Postal Service.
(iii) The Inspectors General of other appropriate
agencies and instrumentalities of the United States that employ a
significant
number of individuals receiving compensation, benefits, or services
under the
FECA program, as determined by the Chairperson of the Task Force.
(D)
Duties
The Task Force shall—
(i) set forth, in writing, a description of the
respective roles and responsibilities in preventing, identifying,
recovering,
and prosecuting fraud under, and otherwise ensuring integrity and
compliance
of, the FECA program of—
(I) the Secretary (including subordinate
officials such as the Director of the Office of Workers’
Compensation
Programs);
(II) the Inspector General of the Department of
Labor;
(III) the Inspectors General of agencies and
instrumentalities of the United States that employ claimants under
the FECA
program;
(IV) the Attorney General; and
(V) any other relevant officials;
(ii) develop procedures for sharing information
of possible fraud under the FECA program or other intentional
misstatements by
claimants or providers under the FECA program, including procedures
addressing—
(I) notification of appropriate officials of
the Department of Labor of potential fraud or other intentional
misstatements,
including provision of supporting information;
(II) timely and appropriate response by
officials of the Department of Labor to notifications described in
subclause
(I);
(III) the inclusion of information and evidence
relating to fraud and other intentional misstatements in criminal,
civil, and
administrative proceedings relating to the provision of
compensation, benefits,
or medical services (including payments to providers) under the
FECA
program;
(IV) the coordination of criminal investigations
with the administration of the FECA program; and
(V) the protection of information relating to
an investigation of possible fraud under the FECA program from
potential
disclosure, including requirements that enable investigative files
to be
appropriately separated from case management files; and
(iii) not later than 1 year after the date of
enactment of this section, submit to the Committee on Homeland
Security and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform and the Committee on Education and the Workforce
of the House
of Representatives a report that includes the description and
procedures
required under clauses (i) and (ii).
(3)
Rule of construction
Nothing in this subsection shall be
construed to limit or restrict any authority of an Inspector
General.
(d)
Improvements to access of Federal
databases
(1)
In general
In order to improve compliance with the
requirements under and the integrity of the FECA program, or as
required to
otherwise detect and prevent improper payments under the FECA
program
(including for purposes of computer matching under subsection
(e)(1)(D)), upon
written request—
(A) the Commissioner of Social Security shall
make available to the Secretary, the Postmaster General, and each
Inspector
General the Social Security earnings information of a living or
deceased
employee;
(B) the Director of the Office of Personnel
Management shall make available to the Secretary, the Postmaster
General, and
each Inspector General the information in the databases of Federal
employees
and retirees maintained by the Director; and
(C) the Secretary of Veterans Affairs shall
make available to the Secretary, the Postmaster General, and each
Inspector
General the information in the database of disabled individuals
maintained by
the Secretary of Veterans Affairs.
(2)
National directory of new
hires
Upon written request,
the Secretary of Health and Human Services shall make available to
the
Secretary, the Postmaster General, each Inspector General, and the
Comptroller
General of the United States the information in the National
Directory of New
Hires for purposes of carrying out this subchapter, in order to
improve
compliance with the requirements under and the integrity of the
FECA program,
or as required to otherwise detect and prevent improper payments
under the FECA
program (including for purposes of computer matching under
subsection
(e)(1)(D)). The Comptroller General may obtain information from the
National
Directory of New Hires for purposes of any audit, evaluation, or
investigation,
including any audit, evaluation, or investigation relating to
program
integrity.
(3)
Procedures
The Secretary shall establish procedures
for correlating the identity and status of recipients of
compensation,
benefits, or services under this subchapter with Social Security
earnings
information described in paragraph (1)(A).
(4)
Provision
Information requested under this subsection
shall be provided—
(A) in a timely manner;
(B) at a reasonable cost to the Secretary, the
Postmaster General, or an Inspector General;
(C) without cost to the Comptroller General of
the United States; and
(D) in the manner, frequency, and form
reasonably specified by the officer making the request, which, upon
request,
shall include electronic form.
(5)
Assessment of data
cost-effectiveness
(A)
In general
The Secretary shall consider and assess
procedures for correlating the identity and status of recipients of
compensation, benefits, or services under this subchapter with
information
relating to employees, retirees, and individuals described in
subparagraphs (B)
and (C) of paragraph (1) and paragraph (2).
(B)
Report
Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on
Oversight and Government Reform and the Committee on Education and
the
Workforce of the House of Representatives a report on the
cost-effectiveness of
the use of the databases described in subparagraphs (B) and (C) of
paragraph
(1) and paragraph (2) for program compliance and integrity. The
report required
under this subparagraph may be included as part of the report
required under
subsection (f).
(6)
United States Postal Service FECA enrollee
database
Not later than 180
days after the date of enactment of this section, in order to
track, verify,
and communicate with the Secretary and other relevant entities, the
Postmaster
General shall establish an electronic database of information
relating to
employees of the United States Postal Service who have applied for
or are
receiving compensation, benefits, or services under this
subchapter.
(7)
Rule of construction
Nothing in this subsection shall be
construed to limit the authority of the Comptroller General of the
United
States under section 716 of title 31.
(e)
General protocols and security
(1)
Establishment
(A)
In general
In order to ensure strong information
security and privacy standards, the Task Force shall establish
protocols for
the secure transfer and storage of any information provided to an
individual or
entity under this section.
(B)
Considerations
In establishing protocols under
subparagraph (A), the Task Force shall consider any recommendations
submitted
to the Secretary by the Inspector General of the Department of
Health and Human
Services with respect to the secure transfer and storage of
information, and to
comply with privacy laws and best practices.
(C)
Fraud case protection
The Task Force shall establish protocols
and procedures to enable information and materials relating to an
active
investigation of possible fraud relating to the FECA program to be
appropriately kept separate from the files for employees relating
to the
provision of compensation, benefits, or services under the FECA
program.
(D)
Computer matching by Federal agencies for
purposes of investigation and prevention of improper payments and
fraud
(i)
In general
Except as provided in this subparagraph, in
accordance with section 552a (commonly known as the Privacy Act of
1974), the
Secretary, the Postmaster General, each Inspector General, and the
head of each
agency may enter into computer matching agreements that allow
ongoing data
matching (which shall include automated data matching) in order to
assist in
the detection and prevention of improper payments under the FECA
program.
(ii)
Review
Not later than 60 days after a proposal for
an agreement under clause (i) has been presented to a Data
Integrity Board
established under section 552a(u) for consideration, the Data
Integrity Board
shall approve or deny the agreement.
(iii)
Termination date
An agreement under clause (i)—
(I) shall have a termination date of less than
3 years; and
(II) during the 3-month period ending on the
date on which the agreement is scheduled to terminate, may be
renewed by the
agencies entering the agreement for not more than 3 years.
(iv)
Multiple agencies
For purposes of this subparagraph, section
552a(o)(1) shall be applied by substituting between the source agency
and the recipient agency or non-Federal agency or an agreement
governing
multiple agencies’ for ‘between the source agency and the recipient
agency or
non-Federal agency in the matter preceding subparagraph (A).
(v)
Cost-benefit analysis
An agreement under clause (i) may be
entered without regard to section 552a(o)(1)(B), relating to a
cost-benefit
analysis of the proposed matching program.
(vi)
Guidance by the office of management and
budget
Not later than 6
months after the date of enactment of the Workers' Compensation Reform Act of 2014,
and in consultation with the Council of Inspectors General on
Integrity and
Efficiency, the Secretary of Health and Human Services, the
Commissioner of
Social Security, and the head of any other relevant agency, the
Director of the
Office of Management and Budget shall—
(I) issue guidance for agencies regarding
implementing this subparagraph, which shall include standards for
reimbursement
costs, when necessary, between agencies; and
(II) establish standards and develop standard
matching agreements for the purpose of improving the process for
establishing
data use or computer matching agreements.
(2)
Compliance
The Secretary, the Postmaster General, and
each Inspector General shall ensure that any information provided
to an
individual or entity under this section is provided in accordance
with
protocols established under paragraph (1).
(3)
Rule of construction
Nothing in this section shall be construed
to affect the rights of an individual under section 552a(p).
(f)
Report
Not later than 1 year after the date of
enactment of this section, and annually thereafter for 5 years, the
Secretary
shall submit a report on the activities of the Secretary under this
section,
including implementation of the Integrity and Compliance Program,
to—
(1) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Committee on Oversight and Government
Reform and the Committee on Education and the Workforce of the
House of
Representatives.
(g)
GAO review
The Comptroller General of the United
States shall—
(1) conduct periodic reviews of the Integrity
and Compliance Program; and
(2) submit reports on the results of the
reviews under paragraph (1) to the Committee on Homeland Security
and
Governmental Affairs of the Senate and the Committee on Oversight
and
Government Reform and the Committee on Education and the Workforce
of the House
of Representatives not later than—
(A) 2 years after the date of enactment of this
section; and
(B) 3 years after submission of the report
under subparagraph
(A).
.
(b)
Technical and conforming
amendment
The table of
sections for chapter 81 is amended by inserting after the item relating to
section 8152 the following:
8153. Integrity and Compliance
Program.
.
(c)
Effective
date
This section and the
amendments made by this section shall take effect on the date of enactment
of
this Act.
513.
Amount of compensation
(a)
Injuries to face, head, and
neck
Section 8107(c)(21) is
amended—
(1) by striking not to exceed
$3,500 and inserting in proportion to the severity of the
disfigurement, not to exceed $50,000,; and
(2) by adding at the end the following:
The maximum amount of compensation under this paragraph shall be
increased on March 1 of each year by the amount determined by the
Secretary of
Labor to represent the percent change in the price index published for
December
of the preceding year over the price index published for the December of
the
year prior to the preceding year, adjusted to the nearest one-tenth of 1
percent..
(b)
Funeral expenses
Section 8134(a) is amended—
(1) by striking $800 and
inserting $6,000; and
(2) by adding at the end the following:
The maximum amount of compensation under this subsection shall be
increased on March 1 of each year by the amount determined by the
Secretary of
Labor to represent the percent change in the price index published for
December
of the preceding year over the price index published for the December of
the
year prior to the preceding year, adjusted to the nearest one-tenth of 1
percent..
(c)
Application
The amendments made by this section shall
apply to injuries or deaths, respectively, occurring on or after the date
of
enactment of this Act.
514.
Terrorism
injuries; zones of armed conflict
(a)
Covering
terrorism injuries
Section 8102(b) is amended in the matter
preceding paragraph (1)—
(1) by inserting
or from an attack by a terrorist or terrorist organization, either known
or unknown, after force or individual,; and
(2) by striking
outside and all that follows through 1979) and
inserting outside of the United States.
(b)
Continuation of
pay in a zone of armed conflict
Section 8118, as amended by
section 508(b) of this Act, is amended—
(1) in subsection
(b), by striking Continuation and inserting Except as
provided under subsection (d)(2), continuation;
(2) in subsection
(c), as redesignated by section 508(b)(4) of this Act, by striking
subsection (a) and inserting subsection (a) or
(d); and
(3) inserting before
subsection (e) the following:
(d)
Continuation of
pay in a zone of armed conflict
(1)
In
general
Notwithstanding subsection (a), the United States shall
authorize the continuation of pay of an employee described in
subparagraph (A),
(C), (D), or (F) of section 8101(1), who—
(A) files a claim for
a period of wage loss due to an injury in performance of duty in a
zone of
armed conflict (as determined by the Secretary of Labor under
paragraph (3));
and
(B) files the claim
for such wage loss benefit with the immediate superior of the
employee not
later than 45 days after the later of—
(i) the termination
of the assignment of the employee to the zone of armed conflict; or
(ii) the return of
the employee to the United States.
(2)
Continuation of
pay
Notwithstanding subsection (b), continuation of pay under
this subsection shall be furnished for a period not to exceed 135
days without
any break in time or waiting period, unless controverted under
regulations
prescribed by the Secretary of Labor.
(3)
Determination
of zones of armed conflict
For purposes of this subsection, the
Secretary of Labor, in consultation with the Secretary of State and
the
Secretary of Defense, shall determine whether a foreign country or
other
foreign geographic area outside of the United States (as defined in
section
202(a)(7) of the State Department Basic Authorities Act of 1956 (22
U.S.C.
4302(a)(7)) is a zone of armed conflict based on whether—
(A) the Armed Forces
of the United States are involved in hostilities in the country or
area;
(B) the incidence of
civil insurrection, civil war, terrorism, or wartime conditions
threatens
physical harm or imminent danger to the health or well-being of
United States
civilian employees in the country or area;
(C) the country or
area has been designated a combat zone by the President under
section 112(c) of
the Internal Revenue Code of 1986;
(D) a contingency
operation involving combat operations directly affects civilian
employees in
the country or area; or
(E) there exist other
relevant conditions and
factors.
.
515.
Technical and conforming
amendments
Chapter 81 is
amended—
(1) in section 8101(1)(D), by inserting
for an injury that occurred before the effective date of section 204(e)
of the District of Columbia Self-Government and Governmental
Reorganization Act
(Public Law 93–198; 87 Stat. 783; 5 U.S.C. 8101 note) before the
semicolon;
(2) in section 8139, by inserting under
this subchapter after Compensation awarded; and
(3) in section 8148(a), by striking
section 8106 and inserting section 8106a.
516.
Regulations
(a)
In general
As soon as possible after the date of
enactment of this Act, the Secretary of Labor shall promulgate regulations
(which may include interim final regulations) to carry out this title.
(b)
Contents
The regulations promulgated under
subsection (a) shall include, for purposes of the amendments made by
sections
502 and 503, clarification of—
(1) what is a claim; and
(2) what is the date on which a period of
disability, for which a claim is made, commences.
517.
Effective
date
Except as otherwise
provided in this title, this title and the amendments made by this title
shall
take effect 60 days after the date of enactment of this Act.
VI
Property
management and expedited disposal of real property
601.
Short
title
This title may be cited
as the Federal Real Property Asset Management Reform Act of 2014.
602.
Purpose
The purpose of this title is to increase the
efficiency and effectiveness of the Federal Government in managing real
property by—
(1) requiring agencies to maintain an
up-to-date inventory of real property;
(2) establishing a Federal Real Property
Council to develop guidance on and ensure the implementation of strategies
for
better managing Federal real property; and
(3) authorizing a pilot program to expedite the
disposal of surplus real property.
603.
Property management
and expedited disposal of real property
Chapter 5 of subtitle I of title 40, United
States Code, is amended by adding at the end the following:
VII
Property management and expedited disposal of
real property
621.
Definitions
In this subchapter:
(1)
Administrator
The
term Administrator means the Administrator of General
Services.
(2)
Council
The
term Council means the Federal Real Property Council established
by section 624(a).
(3)
Director
The
term Director means the Director of the Office of Management and
Budget.
(4)
Disposal
The
term disposal means any action that constitutes the removal of any
real property from the Federal inventory, including sale, deed,
demolition, or
exchange.
(5)
Excess
property
The term excess property means any real
property under the control of a Federal agency that the head of the
Federal
agency determines is not required to meet the needs or
responsibilities of the
Federal agency.
(6)
Federal
agency
The term Federal agency means—
(A) an executive
department or independent establishment in the executive branch of
the
Government; or
(B) a wholly owned
Government corporation.
(7)
Field
office
The term field office means any office of a
Federal agency that is not the headquarters office location for the
Federal
agency.
(8)
Postal
property
The term postal property means any building
owned by the United States Postal Service.
(9)
Surplus
property
(A)
In
general
The term surplus property means excess real
property that is not required to meet the needs or responsibilities
of any
Federal agency.
(B)
Exclusions
The
term surplus property does not include—
(i) any military
installation (as defined in section 2910 of the Defense Base
Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note; Public Law 101–510));
(ii) any property that
is excepted from the definition of the term property under section
102;
(iii) Indian and native Eskimo property held in
trust by the Federal Government as described in section
3301(a)(5)(C)(iii);
(iv) real property
operated and maintained by the Tennessee Valley Authority pursuant
to the
Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);
(v) any real property
the Director excludes for reasons of national security;
(vi) any public lands
(as defined in section 203 of the Public Lands Corps Act of 1993
(16 U.S.C.
1722)) administered by—
(I) the Secretary of
the Interior, acting through—
(aa) the Director of
the Bureau of Land Management;
(bb) the Director of
the National Park Service;
(cc) the Commissioner
of Reclamation; or
(dd) the Director of
the United States Fish and Wildlife Service; or
(II) the Secretary of
Agriculture, acting through the Chief of the Forest Service; or
(vii) any property
operated and maintained by the United States Postal Service.
(10)
Underutilized
property
The term underutilized property means a
portion or the entirety of any real property, including any
improvements, that
is used—
(A) irregularly
or intermittently by the accountable Federal agency for program
purposes of the
Federal agency; or
(B) for program
purposes that can be satisfied with only a portion of the property.
622.
Duties of
Federal agencies
Each Federal
agency shall—
(1) maintain
adequate inventory controls and accountability systems for real
property under
the control of the Federal agency;
(2) develop
current and future workforce projections so as to have the capacity
to assess
the needs of the Federal workforce regarding the use of real
property;
(3) continuously
survey real property under the control of the Federal agency to
identify excess
property, underutilized property, and other real property suitable
to be used
for—
(A) colocation with
other Federal agencies; or
(B) consolidation
with other facilities;
(4) promptly
report excess property and underutilized property to the
Administrator;
(5) establish
goals that will lead the Federal agency to reduce excess property
and
underutilized property in the inventory of the Federal agency;
(6) submit to the
Council a report on all excess property and underutilized property
in the
inventory of the Federal agency, including—
(A) whether
underutilized property can be better utilized; and
(B) the extent to
which the Federal agency believes that the underutilized property
serves the
needs of the Federal agency to retain underutilized property;
(7) adopt
workplace practices, configurations, and management techniques that
can achieve
increased levels of productivity and decrease the need for real
property
assets;
(8) assess leased
space to identify space that is not fully used or occupied;
(9) on an annual
basis and subject to the guidance of the Council—
(A) conduct an
inventory of real property under control of the Federal agency; and
(B) make an
assessment of each real property, which shall include—
(i) the age and
condition of the property;
(ii) the size of the
property in square footage and acreage;
(iii) the
geographical location of the property, including an address and
description;
(iv) the extent to
which the property is being utilized;
(v) the actual annual
operating costs associated with the property;
(vi) the total cost
of capital expenditures associated with the property;
(vii) sustainability
metrics associated with the property;
(viii) the number of
Federal employees and functions housed at the property;
(ix) the extent to
which the mission of the Federal agency is dependent on the
property;
(x) the estimated
amount of capital expenditures projected to maintain and operate
the property
over each of the next 5 years after the date of enactment of this
subchapter;
and
(xi) any additional
information required by the Administrator to carry out section 625;
and
(10) provide to the
Council and the Administrator the information described in
paragraph (9)(B) to
be used for the establishment and maintenance of the database
described in
section 625.
623.
Colocation
among United States Postal Service properties
(a)
Identification
of postal property
Each year, the Postmaster General may—
(1) identify a
list of postal properties with space available for use by Federal
agencies;
and
(2) submit the
list to the Council.
(b)
Submission
of list of postal properties to Federal agencies
(1)
In
general
Not later than 30 days after the completion of a list
under subsection (a), the Council shall provide the list to each
Federal
agency.
(2)
Review by
Federal agencies
Not later than 90 days after the receipt of the
list submitted under paragraph (1), each Federal agency shall—
(A) review the
list;
(B) identify real
property assets under the control of the Federal agency; and
(C) recommend
colocations if appropriate.
(c)
Terms of
colocation
On approval of the recommendations under subsection
(b) by the Postmaster General and the applicable agency head, the
Federal
agency or appropriate landholding entity may work with the
Postmaster General
to establish appropriate terms of a lease for each postal property.
624.
Establishment
of a Federal Real Property Council
(a)
Establishment
There is established a Federal Real
Property Council.
(b)
Purpose
The purpose of the Council shall be to—
(1) develop guidance and ensure
implementation of an efficient and effective real property
management
strategy;
(2) identify opportunities for the Federal
Government to better manage real property assets; and
(3) reduce the costs of managing real
property, including operations, maintenance, and security.
(c)
Composition
(1)
In
general
The Council shall be
composed exclusively of—
(A) the senior real property officers of each
Federal agency;
(B) the Deputy Director for Management of the
Office of Management and Budget;
(C) the Controller of the Office of Management
and Budget;
(D) the Administrator; and
(E) any other full-time or permanent part-time
Federal officials or employees, as the Chairperson determines to be
necessary.
(2)
Chairperson
The Deputy Director for Management of the
Office of Management and Budget shall serve as Chairperson of the
Council.
(3)
Executive
Director
(A)
In
general
The Chairperson shall designate an Executive Director to
assist in carrying out the duties of the Council.
(B)
Qualifications;
full-time
The Executive Director shall—
(i) be appointed from
among individuals who have substantial experience in the areas of
commercial
real estate and development, real property management, and Federal
operations
and management; and
(ii) serve full
time.
(d)
Meetings
(1)
In
general
The Council shall meet subject to the call of the
Chairperson.
(2)
Minimum
The
Council shall meet not fewer than 4 times each year.
(e)
Duties
The Council, in consultation with the
Director and the Administrator, shall—
(1) not later than 1 year after the date of
enactment of this subchapter, establish a real property management
plan
template, to be updated annually, which shall include performance
measures,
specific milestones, measurable savings, strategies, and
Government-wide goals
based on the goals established under section 622(5) to reduce
surplus property
or to achieve better utilization of underutilized property, and
evaluation
criteria to determine the effectiveness of real property management
that are
designed to—
(A) enable
Congress and heads of Federal agencies to track progress in the
achievement of
real property management objectives on a Government-wide basis;
(B) improve the
management of real property; and
(C) allow for
comparison of the performance of Federal agencies against industry
and other
public sector agencies in terms of performance;
(2) develop standard
use rates consistent throughout each category of space and with
nongovernmental
space use rates;
(3) develop a
strategy to reduce the reliance of Federal agencies on leased space
for
long-term needs if ownership would be less costly;
(4) provide guidance
on eliminating inefficiencies in the Federal leasing process;
(5) compile a
list of real property assets that are field offices that are
suitable for
colocation with other real property assets; and
(6) not later
than 1 year after the date of enactment of this subchapter and
annually during
the 4-year period beginning on the date that is 1 year after the
date of
enactment of this subchapter and ending on the date that is 5 years
after the
date of enactment of this subchapter, the Council shall submit to
the Director
a report that contains—
(A) a list of the
remaining excess, surplus, and underutilized properties of
each Federal agency;
(B) the progress of
the Council toward developing guidance for Federal agencies to
ensure that the
assessment required under section 622(9)(B) is carried out in a
uniform manner;
and
(C) the progress of
Federal agencies toward achieving the goals established under
section
622(5).
(f)
Consultation
In
carrying out the duties described in subsection (e), the Council
shall also
consult with representatives of—
(1) State, local,
tribal authorities, and affected communities; and
(2) appropriate
private sector entities and nongovernmental organizations that have
expertise
in areas of—
(A) commercial real
estate and development;
(B) government
management and operations;
(C) space
planning;
(D) community
development, including transportation and planning; and
(E) historic
preservation.
(g)
Council
resources
The Director and
the Administrator shall provide staffing, and administrative
support for the
Council, as appropriate.
625.
Federal
real property inventory and database
(a)
In
general
Not later than 1 year
after the date of enactment of this subchapter, the Administrator
shall
establish and maintain a single, comprehensive, and descriptive
database of all
real property under the custody and control of all Federal
agencies.
(b)
Contents
The
database shall include—
(1) information
provided to the Administrator under section 622(10); and
(2) a list of real
property disposals completed, including—
(A) the date and
disposal method used for each real property;
(B) the proceeds
obtained from the disposal of each real property;
(C) the amount of
time required to dispose of the real property, including the date
on which the
real property is designated as excess property;
(D) the date on which
the property is designated as surplus property and the date on
which the
property is disposed; and
(E) all costs
associated with the disposal.
(c)
Accessibility
(1)
Committees
The
database established under subsection (a) shall be made available
on request to
the Committee on Homeland Security and Governmental Affairs and the
Committee
on Environment and Public Works of the Senate and the Committee on
Oversight
and Government Reform and the Committee on Transportation and
Infrastructure of
the House of Representatives.
(2)
General
public
Not later than 3 years after the date of enactment of this
subchapter and to the extent consistent with national security, the
Administrator shall make the database established under subsection
(a)
accessible to the public at no cost through the website of the
General Services
Administration.
626.
Limitation on
certain leasing authorities
(a)
In
general
Except as provided in
subsection (b), not later than December 31 of each year following
the date of
enactment of this subchapter, a Federal agency with independent
leasing
authority shall submit to the Council a list of all leases,
including operating
leases, in effect on the date of enactment of this subchapter that
includes—
(1) the date on which
each lease was executed;
(2) the date on which
each lease will expire;
(3) a description of
the size of the space;
(4) the location of
the property;
(5) the tenant
agency;
(6) the total annual
rental rate; and
(7) the amount of the
net present value of the total estimated legal obligations of the
Federal
Government over the life of the contract.
(b)
Exception
Subsection
(a) shall not apply to—
(1) the United States
Postal Service;
(2) the Department of
Veterans Affairs; or
(3) any other
property the President excludes from subsection (a) for reasons of
national
security.
627.
Expedited
disposal pilot program
(a)
Establishment
The
Director shall establish a pilot program for disposal of any
surplus property by sale, transfer, or
other means.
(1)
Properties for
expedited disposal
(A)
In
general
On an annual basis, the Director may authorize the
expedited disposal of not more than 200 surplus properties.
(B)
Priority
In
determining which properties to dispose of, the Director shall give
priority to
surplus properties that have the highest fair market value and the
greatest
potential for disposal.
(C)
Costs
associated with disposal
(i)
In
general
The Administrator may obligate an amount to pay any
direct and indirect costs under section 572 related to identifying
and
preparing properties to be reported as excess property by a Federal
agency.
(ii)
Reimbursement
An
amount obligated under clause (i) shall be paid from the proceeds
of any sale
of real property under this subsection.
(iii)
Net
proceeds
Net proceeds shall be distributed under subsection
(b).
(D)
Maximum net
proceeds
Any real property authorized for disposal by sale under subparagraph (A) shall be disposed of in a
manner that, as determined by
the Administrator in consultation with the head of the applicable
Federal
agency, is structured and marketed to maximize the value to the
Federal
Government.
(E)
Monetary
proceeds requirement
Surplus property may be disposed of under
this section only if disposal of the property will generate
monetary proceeds
to the Federal Government that—
(i) exceed the costs
of disposal of the property; and
(ii) are not less
than 90 percent of fair market value.
(F)
Local government notification
(i)
Notification
Not later than 30 days after the date on which the Director makes the authorization under
subparagraph (A), the Director shall submit in writing to the appropriate
local government unit in which the property is located a notification
that includes a list of each applicable property authorized to be disposed
of under subparagraph (A).
(ii)
Removal from pilot program
(I)
In general
The Director, at the discretion of the Director, may remove a property for which notification has
been provided under clause (i) from the pilot program established under
subparagraph (A).
(II)
Replacement
For each property removed from the pilot program under subclause (I), the Director may authorize
the expedited disposal of 1 property not originally authorized under
subparagraph (A).
(2)
Applicability
of certain law
Any expedited disposal of real property conducted
under this section shall not be subject to—
(A) any section
of An Act Authorizing the Transfer of Certain Real Property for
Wildlife, or
Other Purposes (16 U.S.C. 667b);
(B) sections 107
and 317 of title 23;
(C) sections
545(b)(8), 550, 553, 554, and 1304(b) of this title;
(D) section 501
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
(E) section 47151
of title 49; or
(F) section 13(d)
of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)).
(3)
Effect
Except
as provided in paragraph (2), nothing in this subchapter terminates
or in any
way limits the authority of any Federal agency under any other
provision of law
to dispose of real property.
(b)
Use of
proceeds
(1)
In
general
Of the proceeds received from the disposal of any real
property under this subchapter—
(A) not less than 80
percent shall be returned to the general fund of the Treasury for
debt
reduction;
(B) the lesser of
18 percent or the share of proceeds otherwise authorized to be
retained under
law shall be retained by the Federal agency that has custody and is
accountable
for the real property, subject to paragraph (2);
(C) not greater
than 2 percent shall be made available to carry out section 628,
subject to
annual appropriations; and
(D) any remaining
share of the proceeds shall be returned to the general fund of the
Treasury for
Federal budget deficit reduction.
(2)
Limitation
on use of proceeds
Any proceeds retained by Federal agencies
under this section shall be—
(A) deposited
into the appropriate real property account of the Federal agency
that had
custody and accountability for the real property, with the funds
expended only
as authorized in annual appropriations Acts;
(B) used—
(i) by not later
than 2 years after the date of disposal of the real property; and
(ii) only for
activities relating to Federal real property asset management and
disposal;
and
(C) if not used
by the date described in subparagraph (B)(i), shall be deposited in
the
Treasury and used for Federal budget deficit reduction.
(c)
Public
benefit
(1)
Conveyance
Except
as provided in paragraph (2), if a real property authorized to be
disposed of
under subsection (a) has not been disposed of by the date that is 2
years after
the date the property is listed for sale, the Director, in
consultation with
the Administrator and the Secretary of Housing and Urban
Development, may
consider a request from the disposing Federal agency that the real
property be
conveyed to State and local governments or nonprofit organizations
for various
public purposes or uses as permitted by applicable law.
(2)
Predominant use
and size standards
(A)
In
general
Any real property authorized to be disposed of under
subsection (a) shall not be conveyed under paragraph (1) if—
(i) the predominant
use of the property is not for housing; and
(ii)
(I) the area of the
property is not less than 25,000 square feet; or
(II) the appraised fair market value of the
property is greater than $1,000,000.
(B)
Appraised fair
market value
The appraised fair market value described in
subparagraph (A)(ii)(II) shall be determined by the Federal agency
with custody
or control of the property, in consultation with the Administrator
and standard
appraisal practice.
(d)
Enforcement
(1)
Increase in
size of inventory
Except as
provided in paragraph (2), if a Federal agency fails to make
available for
public sale the real property authorized for disposal under
subsection (a)
by the date that is 18 months after the date on which the
authorization is made, that Federal agency, except for specific exceptions
promulgated by the Director, shall not increase the size of the
civilian real
property inventory, unless the square footage of the increase is
offset, within
an appropriate time as determined by the Director, through
consolidation,
colocation, or disposal of another building space from the
inventory of that
Federal agency.
(2)
Exception
Paragraph (1) shall not apply to a Federal
agency that acquires any real property not under the administrative
jurisdiction of the Federal Government, by sale or lease, until the
Director
submits a certification to Congress of the disposal of all of those
surplus
properties.
(e)
Termination of authority
The authority provided by this section
terminates on the date that is 5 years after the date of enactment
of this
subchapter.
628.
Homeless
assistance grants
(a)
Definitions
In
this section:
(1)
Eligible
nonprofit organization
The term eligible nonprofit
organization means a nonprofit organization that is a representative of
the homeless.
(2)
Homeless
The term homeless has the
meaning given the term in section 103 of the McKinney-Vento
Homeless Assistance
Act (42 U.S.C. 11302), except that subsection (c) of that section
shall not
apply.
(3)
Permanent
housing
The term permanent housing has the meaning
given the term in section 401 of the McKinney-Vento Homeless
Assistance Act (42
U.S.C. 11360).
(4)
Private
nonprofit organization
The term private nonprofit
organization has the meaning given the term in section 401 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
(5)
Representative
of the homeless
The term representative of the
homeless has the meaning given the term in section 501(i) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)).
(6)
Secretary
The
term Secretary means the Secretary of Housing and Urban
Development.
(7)
Transitional
housing
The term transitional housing has the
meaning given the term in section 401 of the McKinney-Vento
Homeless Assistance
Act (42 U.S.C. 11360).
(b)
Grant
authority
(1)
In
general
To the extent amounts
are made available under section 627(b)(1)(C) for use under this
section, the
Secretary shall make grants to eligible private nonprofit
organizations through
the continuum of care program established under subtitle C of title
IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.),
to purchase
real property suitable for use to assist the homeless in accordance
with
subsection (c).
(2)
Terms and
conditions
Except as otherwise provided in this section, a grant
under this section shall be subject to the same terms and
conditions as a grant
under the continuum of care program established under subtitle C of
title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et
seq.).
(c)
Use of
properties for housing or shelter for the homeless
(1)
Eligible
uses
An eligible private
nonprofit organization that receives a grant under subsection (b)
shall use the
amounts received only to purchase or rehabilitate real property to
provide permanent housing, transitional housing, or temporary
shelter to the
homeless.
(2)
Term of
use
The Secretary may not
make a grant under subsection (b) to an eligible private nonprofit
organization
unless the eligible private nonprofit organization provides to the
Secretary
such assurances as the Secretary determines necessary to ensure
that any real
property purchased or rehabilitated using amounts received under
the grant is
used only for the purposes described in paragraph (1) for a period
of not less than
15 years.
(d)
Preference
In awarding grants under subsection (b),
the Secretary shall give preference to eligible private nonprofit
organizations
that operate within areas in which Federal real property is being
sold under
the disposal program authorized under section 627.
(e)
Regulations
The
Secretary may promulgate such regulations as are necessary to carry
out this
section.
.
604.
Report of
the Comptroller General
(a)
Draft
Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United States shall
submit to Congress a draft report on the expedited disposal pilot program
established by the amendments made by section 3.
(b)
Final
Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United States shall
submit to Congress a final report on the expedited disposal pilot program
established by the amendments made by section 3.
605.
Technical
and conforming amendment
The
table of sections for chapter 5 of subtitle I of title 40, United States
Code,
is amended by inserting after the item relating to section 611 the
following:
SUBCHAPTER VII—Property management and expedited disposal of
real property621. Definitions.622. Duties of Federal agencies.623. Colocation among United States Postal Service
properties.624. Establishment of a Federal Real Property
Council.625. Federal real property inventory and database.626. Limitation on certain leasing authorities.627. Expedited disposal pilot program.628. Homeless assistance
grants.
.
July 31, 2014Reported with an amendment