,,ii ,calendar ,no4 #ebc #aacth ,,congress #b;d ,session ,s4 #adhf ,report ,no4 #aac-bcg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac,mr4 ,carper 7for himself and ,mr4 ,coburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,july #ca1 #bjad,reported by ,mr4 ,carper1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to improve1 sustain1 and transform the ,united ,states ,postal ,service4 #a4 ,short title ,this ,act may be cited as the ,postal ,reform ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,postal ,service workforce,sec4 #aja4 ,annual ,federal ,employee ,retirement ,system and ,civil ,service ,retirement ,system ,assessments4,sec4 #ajb4 ,postal service authority to negotiate retirement benefit terms for new employees4,sec4 #ajc4 ,restructuring of payments for retiree health benefits4,sec4 #ajd4 ,postal service health benefits plan4,sec4 #aje4 ,medicare coordination efforts for postal service employees and retirees4,sec4 #ajf4 ,labor disputes4,,title ,,ii--,postal ,service operations,sec4 #bja4 ,maintenance of delivery service standards4,sec4 #bjb4 ,preserving mail processing capacity4,sec4 #bjc4 ,preserving community post offices4,sec4 #bjd4 ,changes to mail delivery schedule4,sec4 #bje4 ,delivery point modernization4,sec4 #bjf4 ,postal services for market-dominant products4,,title ,,iii--,postal ,service revenue,sec4 #cja4 ,postal rates4,sec4 #cjb4 ,nonpostal services4,sec4 #cjc4 ,shipping of wine1 beer1 and distilled spirits4,,title ,,iv--,postal ,service governance,sec4 #dja4 ,board of ,governors of the ,postal ,service4,sec4 #djb4 ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation4,sec4 #djc4 ,long-term solvency plan2 annual financial plan and budget4,sec4 #djd4 ,chief ,innovation ,officer2 innovation strategy4,sec4 #dje4 ,area and district office structure4,sec4 #djf4 ,inspector ,general of the ,postal ,service4,,title ,v--,federal ,employees' ,compensation ,act,sec4 #eja4 ,short title2 references4,sec4 #ejb4 ,federal workers compensation reforms for retirement-age employees4,sec4 #ejc4 ,augmented compensation for dependents4,sec4 #ejd4 ,schedule compensation payments4,sec4 #eje4 ,vocational rehabilitation4,sec4 #ejf4 ,reporting requirements4,sec4 #ejg4 ,disability management review2 independent medical examinations4,sec4 #ejh4 ,waiting period4,sec4 #eji4 ,election of benefits4,sec4 #eaj4 ,sanction for noncooperation with field nurses4,sec4 #eaa4 ,subrogation of continuation of pay4,sec4 #eab4 ,integrity and compliance4,sec4 #eac4 ,amount of compensation4,sec4 #ead4 ,terrorism injuries2 zones of armed conflict4,sec4 #eae4 ,technical and conforming amendments4,sec4 #eaf4 ,regulations4,sec4 #eag4 ,effective date4,,title ,,vi--,property management and expedited disposal of real property,sec4 #fja4 ,short title4,sec4 #fjb4 ,purpose4,sec4 #fjc4 ,property management and expedited disposal of real property4,sec4 #fjd4 ,report of the ,comptroller ,general4,sec4 #fje4 ,technical and conforming amendment4 #c4 ,definitions ,in this ,act1 the following definitions shall apply3 7#a7 ,commission ,the term ,commission means the ,postal ,regulatory ,commission4 7#b7 ,postal service ,the term ,postal ,service means the ,united ,states ,postal ,service4 ,i ,postal ,service workforce #aja4 ,annual ,federal ,employee ,retirement ,system and ,civil ,service ,retirement ,system ,assessments 7a7 ,use of postal-,specific assumptions in normal cost calculation 7#a7 ,in general ,section #hdbc7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by inserting or 7,c7 after subparagraph 7,b72 and 7,,ii7 in clause 7ii71 by striking and2 7ii7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 the product of-- 7i7 the normal-cost percentage1 as determined for employees of the ,united ,states ,postal ,service under paragraph 7#e71 multiplied by 7ii7 the aggregate amount of basic pay payable by the ,united ,states ,postal ,service1 for the period involved1 to employees of the ,united ,states ,postal ,service4 2 and 7,b7 by adding at the end the following3 7#e7 7,a7 ,in determining the normal-cost percentage for employees of the ,united ,states ,postal ,service1 the ,office shall use-- 7i7 demographic factors specific to the employees2 and 7ii7 economic assumptions regarding wage and salary growth that reflect the specific past1 and likely future1 pay for the employees4 7,b7 ,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 7,a74 7,c7 ,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-- 7i7 upon request of the ,united ,states ,postal ,service1 but no more frequently than once each fiscal year2 and 7ii7 at any additional times1 as the ,office considers appropriate4 4 7#b7 ,initial determination ,not later than #ij days after the date of enactment of this ,act1 the ,office shall determine the normal-cost percentage for employees of the ,united ,states ,postal ,service in accordance with the requirements under section #hdbc7;a77#e7 of title #e1 ,united ,states ,code1 as added by paragraph 7#a74 7b7 ,postal funding surplus or liability 7#a7 ,treatment of postal funding surplus ,section #hdbc7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 7,a7 ,in this paragraph1 the term postal funding surplus means the amount by which the amount of supplemental liability computed under paragraph 7#a77;,b7 is less than zero4 7,b7 7i7 ,after the date on which the ,office determines or redetermines under paragraph 7#g77;,c7 the amount of supplemental liability computed under paragraph 7#a77;,b7 as of the close of the fiscal year ending on ,september #cj1 #bjac1 and if such amount is less than zero1 the ,postmaster ,general may request that some or all of the amount of the postal funding surplus be returned to the ,postal ,service1 and not later than #aj days after the request1 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 subparagraph4 7ii7 ,of the amount transferred under clause 7i71 not more than #f1jjj1jjj1jjj may be used by the ,united ,states ,postal ,service for the purposes of repaying any obligation issued under section #bjje7;a7 of title #ci4 7,c7 ,if the amount of supplemental liability computed under paragraph 7#a77;,b7 as of the close of any fiscal year commencing after ,september #cj1 #bjac1 is less than zero1 the ,office shall establish an amortization schedule1 including a series of annual installments1 to be transferred to the ,united ,states ,postal ,service from the ,fund1 commencing on ,september #cj of the subsequent fiscal year1 which provides for the liquidation of the postal funding surplus by ,september #cj1 #bjed4 4 7#b7 ,supplemental liability calculation 7,a7 ,,fers ,section #hdbc7;b7 of title #e1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended-- 7i7 in paragraph 7#f71 as so redesignated1 in the matter preceding subparagraph 7,a71 by striking ,for the purpose and inserting ,subject to paragraph 7#g71 for the purpose2 and 7ii7 by adding at the end the following3 7#g7 7,a7 ,for the purpose of carrying out paragraph 7#a77;,b7 with respect to the fiscal year ending ,september #cj1 #bjac1 and each fiscal year thereafter1 the ,office shall1 consistent with subsection 7a77#e71 use-- 7i7 demographic factors specific to current and former employees of the ,united ,states ,postal ,service2 and 7ii7 economic assumptions regarding wage and salary growth that reflect the specific past and likely future pay for current employees of the ,united ,states ,postal ,service4 7,b7 ,the ,united ,states ,postal ,service shall provide any data or projections the ,office requires in order to carry out paragraph 7#a77;,b7 consistent with subparagraph 7,a7 of this paragraph4 7,c7 ,not later than ,june #ad1 #bjad1 the ,office shall determine or redetermine whether there is a postal funding surplus 7as defined in paragraph 7#e77 or a supplemental liability described in paragraph 7#a77;,b7 7and the amount thereof7 as of the close of the fiscal year ending on ,september #cj1 #bjac1 in accordance with the requirements under subparagraph 7,a7 of this paragraph4 4 7,b7 ,,csrs ,section #hcdh7;h7 of title #e1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 7i7 7,i7 ,not later than ,june #ad1 #bjad1 the ,office shall redetermine the ,postal surplus or supplemental liability as of the close of the fiscal year ending on ,september #cj1 #bjac1 in accordance with the requirements under paragraph 7#d74 7,,ii7 ,if the result of the redetermination under subclause 7,i7 is a surplus1 that amount shall remain in the ,fund until distribution is authorized under subparagraph 7,c74 7,,iii7 ,if the result of the redetermination under subclause 7,i7 is a supplemental liability1 the ,office shall establish an amortization schedule1 including a series of annual installments commencing on ,september #cj1 #bjae1 which provides for the liquidation of such liability by ,september #cj1 #bjed4 7ii7 7,i7 ,the ,office shall redetermine the ,postal surplus or supplemental liability as of the close of each fiscal year beginning after ,september #cj1 #bjac1 in accordance with the requirements under paragraph 7#d74 7,,ii7 ,if the result of the redetermination under subclause 7,i7 is a surplus1 that amount shall remain in the ,fund until distribution is authorized under subparagraph 7,c74 7,,iii7 ,on and after ,june #ae1 #bjae1 if the result of the redetermination under subclause 7,i7 is a supplemental liability1 the ,office shall establish an amortization schedule1 including a series of annual installments commencing on ,september #cj of the subsequent fiscal year1 which provides for the liquidation of such liability by ,september #cj1 #bjed4 2 and 7ii7 by adding at the end the following3 7#d7 7,a7 ,for the purpose of carrying out paragraphs 7#a7 and 7#b71 the ,office shall1 consistent with section #hdbc7;a77#e71 use-- 7i7 demographic factors specific to current and former employees of the ,united ,states ,postal ,service2 and 7ii7 economic assumptions regarding wage and salary growth that reflect the specific past and likely future pay for current employees of the ,united ,states ,postal ,service4 7,b7 ,the ,united ,states ,postal ,service shall provide any data or projections the ,office requires in order to carry out paragraphs 7#a7 and 7#b7 consistent with subparagraph 7,a7 of this paragraph4 4 #ajb4 ,postal service authority to negotiate retirement benefit terms for new employees 7a7 ,authority ,to negotiate retirement benefit terms 7#a7 ,collective bargaining over certain retirement benefits ,section #ajje of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,in this subsection-- 7,a7 the term collective bargaining agreement means a collective bargaining agreement between the ,postal ,service and a bargaining representative recognized under section #abjc entered into after the date of enactment of the ,postal ,reform ,act of #bjac2 7,b7 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 #bjac2 7,c7 the term not covered under the ,,fers defined benefit plan1 with respect to an officer or employee of the ,postal ,service1 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 #hd of title #e4 7#b7 7,a7 ,a collective bargaining agreement may provide1 notwithstanding chapter #hd of title #e1 that some or all new employees covered under the collective bargaining agreement shall be not covered under the ,,fers defined benefit plan4 7,b7 ,if a new employee is not covered under the ,,fers defined benefit plan pursuant to a collective bargaining agreement1 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 plan4 7,c7 ,subject to the requirements under this subsection1 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 agreement4 7#c7 7,a7 ,a collective bargaining agreement may establish1 with respect to some or all new employees covered under the collective bargaining agreement-- 7i7 without regard to section #hdbb of title #e1 and subject to subparagraph 7,c7 of this paragraph and paragraph 7#b77;,b71 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 ,fund2 7ii7 without regard to section #hdcb of title #e1 whether the ,postal ,service shall make contributions to the ,thrift ,savings ,fund for the benefit of the new employees1 and1 if the ,postal ,service shall make such contributions1 the amounts that the ,postal ,service shall contribute2 and 7iii7 for any retirement benefit plan established under the bargaining agreement1 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 employees4 7,b7 ,except as provided in paragraph 7#b77;,b71 a collective bargaining agreement may establish the amounts described in subparagraph 7,a77i7 with respect to some or all new employees who were covered under a previous collective bargaining agreement4 7,c7 ,the ,postal ,service shall1 under section #hdbb7;c7 of title #e1 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 ,service1 except an officer or employee who is not covered under the ,,fers defined benefit plan1 without regard to subparagraph 7,a77i7 or any agreement regarding amounts to be deducted and withheld under subparagraph 7,a77i74 7#d7 ,if any new employee is not covered under the ,,fers defined benefit plan pursuant to a collective bargaining agreement1 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 agreement4 7#e7 ,except as provided in paragraph 7#c77;,a71 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 #hd of the ,united ,states ,code 7relating to the ,thrift ,savings ,plan74 4 7#b7 ,applicability of laws relating to ,federal employees ,section #ajje of title #ci1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d77#a71 by striking ,officers and inserting ,except as provided in subsection 7g71 officers2 and 7,b7 in subsection 7f71 in the second sentence-- 7i7 by inserting #hd1 before #hg12 and 7ii7 by striking this subsection4 and inserting this subsection or subsection 7g744 7b7 ,special rules relating to ,,fers coverage for covered postal employees 7#a7 ,in general ,subchapter ,,ii of chapter #hd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hdbf4 ,postal ,service retirement ,the application of sections #hdbb and #hdbc 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 #ajje7;g7 of title #ci4 4 7#b7 ,technical and conforming amendments ,the table of sections for chapter #hd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hdbf4 ,postal ,service retirement4 4 #ajc4 ,restructuring of payments for retiree health benefits 7a7 ,contributions ,section #hijf7;g77#b77;,a7 of title #e1 ,united ,states ,code1 is amended by striking through ,september #cj1 #bjaf1 be paid by the ,united ,states ,postal ,service1 and thereafter shall and inserting after the date of enactment of the ,postal ,reform ,act of #bjac4 7b7 ,postal service retiree health benefits fund ,section #hiji;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,not later than ,june #cj1 #bjaf1 the ,office shall compute1 and by ,june #cj of each succeeding year1 the ,office shall recompute1 a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph 7,b7 7regardless of whether the amount is a liability or surplus7 by ,september #cj1 #bjeb1 or within #ae years1 whichever is later1 including interest at the rate used in the computations under this subsection4 7,b7 ,the amount described in this subparagraph is the amount1 as of the date on which the applicable computation or recomputation under subparagraph 7,a7 is made1 that is equal to the difference between-- 7i7 #hj percent of the ,postal ,service actuarial liability as of ,september #cj of the most recently ended fiscal year2 and 7ii7 the value of the assets of the ,postal ,retiree ,health ,benefits ,fund as of ,september #cj of the most recently ended fiscal year4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iii71 by adding and at the end2 7,,ii7 in clause 7iv71 by striking the semicolon at the end and inserting a period2 and 7,,iii7 by striking clauses 7v7 through 7x72 and 7ii7 in subparagraph 7,b71 by striking #bjag and inserting #bjaf2 7,c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,computations under this subsection shall be based on-- 7,a7 economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the ,postal surplus or supplemental liability under section #hcdh7;h72 and 7,b7 any other methods and assumptions1 including a health care cost trend rate1 that the ,director of the ,office determines to be appropriate4 2 and 7,d7 by adding at the end the following3 7#g7 ,in this subsection1 the term ,postal ,service actuarial liability means the difference between-- 7,a7 the net present value of future payments required under section #hijf7;g77#b77;,a7 for current and future ,united ,states ,postal ,service annuitants2 and 7,b7 the net present value as computed under paragraph 7#a7 attributable to the future service of ,united ,states ,postal ,service employees4 2 and 7#b7 by adding at the end the following3 7e7 ,subsections 7a7 through 7d7 of this section shall be subject to section #ajd of the ,postal ,reform ,act of #bjac4 4 7c7 ,cancellation of certain unpaid obligations of the postal service ,any obligation of the ,postal ,service under section #hiji;a7d77#c77;,a7 of title #e1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act1 that remains unpaid as of such date of enactment is cancelled4 7d7 ,technical and conforming amendment ,the heading of section #hiji;a of title #e1 ,united ,states ,code1 is amended by striking ,benefit and inserting ,benefits4 #ajd4 ,postal service health benefits plan 7a7 ,definitions ,in this section-- 7#a7 the term bargaining representative means a bargaining representative recognized under section #abjc of title #ci1 ,united ,states ,code2 7#b7 the term covered employee means an officer or employee of the ,postal ,service who is-- 7,a7 represented by a bargaining representative2 or 7,b7 a member of the ,postal ,career ,executive ,service2 7#c7 the term ,federal ,employee ,health ,benefits ,program means the health benefits program under chapter #hi of title #e1 ,united ,states ,code2 7#d7 the term participant means-- 7,a7 a covered employee who is-- 7i7 represented by a bargaining representative that enters into an agreement to establish a ,postal ,service ,health ,benefits ,plan2 or 7ii7 if any bargaining representative enters into an agreement to establish a ,postal ,service ,health ,benefits ,plan1 a member of the ,postal ,career ,executive ,service2 and 7,b7 an officer or employee of the ,postal ,service who-- 7i7 is not a covered employee2 and 7ii7 elects to participate in the ,postal ,service ,health ,benefits ,plan2 and 7#e7 the term ,postal ,service ,health ,benefits ,plan means the health benefits plan that may be agreed to under subsection 7b77#a74 7b7 ,collective bargaining 7#a7 ,in general ,consistent with section #ajje7;f7 of title #ci1 ,united ,states ,code1 the ,postal ,service may negotiate individually or jointly with bargaining representatives and enter into a collective bargaining agreement or agreements with #a or more of those bargaining representatives to establish a single ,postal ,service ,health ,benefits ,plan that-- 7,a7 satisfies the conditions under subsection 7c72 and 7,b7 may be a health benefits plan offered under chapter #hi of title #e1 ,united ,states ,code4 7#b7 ,consultation with ,,opm ,the ,postal ,service and bargaining representatives shall conduct negotiations under paragraph 7#a7 in consultation with the ,director of the ,office of ,personnel ,management4 7#c7 ,consultation with supervisory and managerial personnel ,in the course of negotiations under paragraph 7#a71 the ,postal ,service shall consult with each of the organizations of supervisory and other managerial personnel that are recognized under section #ajjd of title #ci1 ,united ,states ,code1 concerning the views of the personnel represented by each of those organizations4 7#d7 ,disputes ,if the ,postal ,service or a bargaining representative offers a proposed agreement for negotiation under paragraph 7#a7 and the parties do not reach agreement within #ahj days after the commencement of collective bargaining on the proposal1 the procedures under section #abjg7;d7 of title #ci1 ,united ,states ,code1 shall apply upon the election of any party to the negotiations4 7#e7 ,time limitation ,the authority under this subsection shall extend until the date that is #b years after the date of enactment of this ,act4 7c7 ,postal service health benefits plan ,the ,postal ,service ,health ,benefits ,plan-- 7#a7 shall-- 7,a7 be available for participation by-- 7i7 all covered employees represented by a bargaining representative entering an agreement described in subsection 7b77#a72 and 7ii7 all covered employees who are members of the ,postal ,career ,executive ,service2 7,b7 be available for participation by any officer or employee of the ,postal ,service who is not a covered employee1 at the option solely of that officer or employee2 7,c7 provide coverage that is actuarially equivalent to the coverage offered under the types of plans available under the ,federal ,employee ,health ,benefits ,program1 as determined by the ,director of the ,office of ,personnel ,management2 7,d7 be administered in a manner determined in an agreement or agreements reached under subsection 7b72 7,e7 unless the ,postal ,service ,health ,benefits ,plan is a health benefits plan offered under chapter #hi of title #e1 ,united ,states ,code1 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 ,plan2 and 7,f7 if the ,postal ,service ,health ,benefits ,plan is a health benefits plan offered under chapter #hi of title #e1 ,united ,states ,code1 and except as provided in section #hijc;c of title #e1 ,united ,states ,code1 as added by section #aje of this ,act1 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 employee2 7#b7 may provide dental benefits2 and 7#c7 may provide vision benefits4 7d7 ,agreement and implementation ,if an agreement or agreements are reached under subsection 7b7 to provide a ,postal ,service ,health ,benefits ,plan-- 7#a7 the ,postal ,service shall implement the ,postal ,service ,health ,benefits ,plan2 7#b7 the ,postal ,service ,health ,benefits ,plan shall constitute an agreement between the collective bargaining representatives and the ,postal ,service for purposes of section #ajje7;f7 of title #ci1 ,united ,states ,code2 and 7#c7 unless the ,postal ,service ,health ,benefits ,plan is a health benefits plan offered under chapter #hi of title #e1 ,united ,states ,code1 participants in the ,postal ,service ,health ,benefits ,plan may not participate as employees in the ,federal ,employees ,health ,benefits ,program4 7e7 ,governmental plan ,the ,postal ,service ,health ,benefits ,plan shall be a governmental plan as that term is defined under section #c7cb7 of ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7cb774 7f7 ,report ,not later than #f months after the earlier of the date on which any agreement is reached under subsection 7b7 and ,june #cj1 #bjaf1 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-- 7#a7 reports on the implementation of this section2 and 7#b7 requests any additional statutory authority that the ,postal ,service determines is necessary to carry out the purposes of this section4 #aje4 ,medicare coordination efforts for postal service employees and retirees 7a7 ,additional enrollment options under federal employees health benefits plans ,chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after section #hijc;b the following3 #hijc;c4 ,coordination with ,medicare for ,postal ,service employees and annuitants 7a7 ,definitions ,in this section-- 7#a7 the term contract year means a calendar year in which health benefits plans are administered under this chapter2 7#b7 the term ,medicare part ,a means the ,medicare program for hospital insurance benefits under part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq472 7#c7 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 7#db ,u4,s4,c4 #acie;j et seq472 and 7#d7 the term ,postal ,service employee or annuitant means an individual who is-- 7,a7 an employee of the ,postal ,service covered under this chapter2 or 7,b7 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 #hijf7;g77#b74 7b7 ,enrollment options 7#a7 ,establishment 7,a7 ,in general ,for contract years beginning on or after ,january #a1 #bjae1 the ,office shall establish enrollment options for health benefits plans that are open only to ,postal ,service employees and annuitants1 and family members of a ,postal ,service employee or annuitant1 who are enrolled in ,medicare part ,a and ,medicare part ,b4 7,b7 ,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 chapter4 7#b7 ,enrollment eligibility 7,a7 ,in general ,any ,postal ,service employee or annuitant1 or family member of a ,postal ,service employee or annuitant1 who is enrolled in ,medicare part ,a and ,medicare part ,b may enroll in #a of the enrollment options established under paragraph 7#a74 7,b7 ,determination of eligibility ,eligibility to enroll in an enrollment option established under paragraph 7#a7 shall be determined without regard to the requirements under section #hije7;b74 7#c7 ,value of coverage ,the ,office shall ensure that the aggregate actuarial value of coverage under the enrollment options established under this subsection1 in combination with the value of coverage under ,medicare part ,a and ,medicare part ,b1 shall be not less than the actuarial value of the most closely corresponding enrollment options for each plan available under section #hije1 in combination with the value of coverage under ,medicare part ,a and ,medicare part ,b4 7#d7 ,enrollment options 7,a7 ,in general ,the enrollment options established under paragraph 7#a7 shall include-- 7i7 an individual option1 for ,postal ,service employees or annuitants enrolled in ,medicare part ,a and ,medicare part ,b2 7ii7 a self and family option1 for ,postal ,service employees or annuitants and family members who are each enrolled in ,medicare part ,a and ,medicare part ,b2 and 7iii7 a self and family option1 for ,postal ,service employees or annuitants-- 7,i7 who are enrolled in ,medicare part ,a and ,medicare part ,b2 and 7,,ii7 the family members of whom are not enrolled in ,medicare part ,a or ,medicare part ,b4 7,b7 ,specific sub-options ,the ,office may establish more specific enrollment options within the types of options described under subparagraph 7,a74 7#e7 ,reduced premiums to account for medicare coordination ,in determining the premiums for the enrollment options under paragraph 7#d71 the ,office shall-- 7,a7 establish a separate risk pool for individuals eligible for coverage under any of those options2 and 7,b7 ensure that-- 7i7 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 annuitants1 or family members of ,postal ,service employees or annuitants1 who are enrolled in ,medicare part ,a and ,medicare part ,b2 and 7ii7 the cost savings described under clause 7i7 result solely in the reduction of-- 7,i7 the premiums paid by the ,postal ,service employee or annuitant2 and 7,,ii7 the ,government contributions paid by the ,postal ,service or other employer4 7c7 ,postal service consultation ,the ,office shall establish the enrollment options and premiums under this section in consultation with the ,postal ,service4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #hijc;b the following3 #hijc;c4 ,coordination with ,medicare for ,postal ,service employees and annuitants4 4 7c7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to contract years beginning on or after ,january #a1 #bjae4 7d7 ,special enrollment period for postal service employees and annuitants 7#a7 ,special enrollment period ,section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7 is amended by adding at the end the following new subsection3 7m7 7#a7 ,in the case of any individual who1 as of the date of enactment of the ,postal ,reform ,act of #bjac1 is a ,postal ,service employee or annuitant 7as defined in section #hijc;c7a7 of title #e1 ,united ,states ,code7 at the time the individual is entitled to part ,a under section #bbf or section #bbf;,a and who is eligible to enroll but who has elected not to enroll 7or to be deemed enrolled7 during the individual's initial enrollment period1 there shall be a special enrollment period described in paragraph 7#b74 7#b7 ,the special enrollment period described in this paragraph1 with respect to an individual1 is the #a-year period beginning on ,july #a1 #bjad4 7#c7 ,in the case of an individual who enrolls during the special enrollment period provided under paragraph 7#a71 the coverage period under this part shall begin on the first day of the month in which the individual enrolls4 4 7#b7 ,waiver of increase of premium ,section #ahci7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7b77 is amended by striking 7i77#d7 or 7l7 and inserting 7i77#d71 7l71 or 7m74 #ajf4 ,labor disputes ,section #abjg7;c7 of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting 7,a7 after 7#b72 7,b7 by striking the last sentence and inserting ,the arbitration board shall render a decision not later than #de days after the date of its appointment42 and 7,c7 by adding at the end the following3 7,b7 ,in rendering a decision under this paragraph1 the arbitration board shall consider such relevant factors as the financial condition of the ,postal ,service4 2 and 7#b7 by adding at the end the following3 7#d7 ,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 7#b74 4 ,,ii ,postal ,service operations #bja4 ,maintenance of delivery service standards ,during the #b-year period beginning on the date of enactment of this ,act1 the ,postal ,service shall maintain the service standards for first-class mail and periodicals under part #aba of title #ci1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this ,act4 #bjb4 ,preserving mail processing capacity 7a7 ,definition of postal facility ,in this section1 the term postal facility means a processing and distribution center1 processing and distribution facility1 network distribution center1 or other facility that is operated by the ,postal ,service1 the primary function of which is to sort and process mail4 7b7 ,moratorium on closures of postal facilities ,during the #b-year period beginning on the date of enactment of this ,act1 the ,postal ,service may not close or consolidate any postal facility that is open as of the date of enactment of this ,act4 #bjc4 ,preserving community post offices ,section #djd7;d7 of title #ci1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 7#b7 by striking paragraphs 7#a7 through 7#d7 and inserting the following3 7d7 7#a7 ,in this subsection1 the term post office means a post office1 post office branch1 post office classified station1 or other facility that is operated by the ,postal ,service1 the primary function of which is to provide retail postal services4 7#b7 ,the ,postal ,service1 prior to making a determination under subsection 7a77#c7 of this section as to the necessity for the discontinuance of any post office1 shall1 to the extent practicable and appropriate-- 7,a7 consider whether-- 7i7 to discontinue the post office and another post office located within a reasonable distance2 7ii7 instead of discontinuing the post office-- 7,i7 to reduce the number of hours a day that the post office operates2 or 7,,ii7 to continue operating the post office for the same number of hours a day2 7iii7 to procure a contract providing full1 or less than full1 retail services in the community served by the post office2 or 7iv7 to provide postal services to the community served by the post office-- 7,i7 through a letter carrier2 or 7,,ii7 by co-locating postal services at a commercial or government entity2 7,b7 provide postal customers served by the post office an opportunity to present their views1 which may be by nonbinding survey conducted by mail2 and 7,c7 if the ,postal ,service determines to discontinue the post office1 provide adequate public notice of its intention to discontinue such post office at least #fj days prior to the proposed date of such discontinuance to persons served by such post office4 7#c7 ,the ,postal ,service1 in making a determination whether or not to discontinue a post office-- 7,a7 shall consider1 to the extent practicable and appropriate-- 7i7 the effect of the discontinuance on the community served by such post office2 7ii7 the effect of the discontinuance on businesses1 including small businesses1 in the area2 7iii7 the effect of such discontinuance on employees of the ,postal ,service employed at such office2 7iv7 whether such discontinuance is consistent with the policy of the ,government1 as stated in section #aja7;b7 of this title1 that the ,postal ,service shall provide a maximum degree of effective and regular postal services to rural areas1 communities1 and small towns where post offices are not self-sustaining2 7v7 the extent to which the community served by the post office lacks access to ,internet phone service2 7vi7 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 communications2 7vii7 the proximity and accessibility of other post offices2 7viii7 whether substantial economic savings to the ,postal ,service would result from such discontinuance2 and 7ix7 such other factors as the ,postal ,service determines are necessary2 and 7,b7 may not consider compliance with any provision of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 7#d7 ,any determination of the ,postal ,service to discontinue a post office shall be in writing and shall include the findings of the ,postal ,service1 to the extent practicable and appropriate1 with respect to the considerations required to be made under paragraph 7#c7 of this subsection4 ,such determination and findings shall be made available to persons served by such post office by public notice4 7#e7 7,a7 ,the ,postal ,service shall take no action to discontinue a post office until #fj days after its written determination is made available to persons served by such post office4 7,b7 ,the ,postal ,service shall take no action to discontinue a post office until #fj days after the ,postal ,service provides written notice of the determination under paragraph 7#d7 to the ,state board of elections for the ,state in which the post office is located4 2 7#c7 in paragraph 7#f71 as redesignated by this section-- 7,a7 by striking close or consolidate and inserting discontinue2 and 7,b7 by striking paragraph 7#c7 and inserting paragraph 7#d72 and 7#d7 in paragraph 7#g71 as redesignated by this section1 by striking paragraph 7#e7 and inserting paragraph 7#f74 #bjd4 ,changes to mail delivery schedule 7a7 ,limitation on change in schedule ,the ,postal ,service may establish a general1 nationwide delivery schedule of #e or fewer days per week to street addresses under the authority of the ,postal ,service under title #ci1 ,united ,states ,code1 if-- 7#a7 the ,postal ,service determines that such a delivery schedule would contribute to the achievement of long-term solvency2 and 7#b7 not less than #a year has elapsed since the date of enactment of this ,act4 7b7 ,implementation 7#a7 ,in general ,if the ,postal ,service intends to establish a change in delivery schedule under subsection 7a71 the ,postal ,service1 to the extent practicable and appropriate1 shall-- 7,a7 identify customers and communities for which the change may have a disproportionate1 negative impact1 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 #bd1 #bjaa2 7,b7 develop measures to ameliorate any disproportionately negative impact the change would have on customers and communities identified under paragraph 7#a72 and 7,c7 not later than #c months before the effective date for any proposed change1 submit a report that includes the determination required under subsection 7a77#a7 and details any measures developed pursuant to subparagraph 7,b7 of this paragraph to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7iii7 the ,commission4 7#b7 ,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 #e or fewer days per week if the conditions in subsection 7a7 are satisfied4 7c7 ,,gao report ,not later than #bgj days after the date of enactment of this ,act1 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 solvency1 taking into consideration other ongoing and planned efforts to increase revenue and reduce costs1 consistent with the requirements of this ,act4 7d7 ,rules of construction ,nothing in this section shall be construed to-- 7#a7 require the decrease or increase in delivery frequency for any route for which the ,postal ,service provided delivery on fewer than #f days per week as of the date of enactment of this ,act2 7#b7 authorize any change in-- 7,a7 the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities2 or 7,b7 the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities2 7#c7 require any change in the frequency of delivery to a post office box2 7#d7 prohibit the collection or delivery of a competitive mail product on a weekend1 a recognized ,federal holiday1 or any other specific day of the week2 or 7#e7 prohibit the ,postal ,service from exercising its authority to make changes to processing or retail networks4 7e7 ,packages ,notwithstanding any other provision of this section1 for a period of not less than #b years1 beginning on the date of enactment of this ,act1 the ,postal ,service shall provide package service-- 7#a7 #f days per week to each street address that was eligible to receive package service #f days per week as of ,january #a1 #bjac2 and 7#b7 #g days per week to each street address for which the ,postal ,service determines that such service provides an economic benefit to the ,postal ,service4 7f7 ,mailbox access ,if the ,postal ,service establishes a general1 nationwide delivery schedule of #e or fewer days per week consistent with the provisions of this section1 the ,postal ,service shall amend the ,mailing ,standards of the ,united ,states1 ,domestic ,mail ,manual to ensure that the provisions of section #ejh4c4b4aj of such manual1 as in effect on ,january #a1 #bjac1 shall apply on any day on which the ,postal ,service does not deliver the mail under the established delivery schedule4 #bje4 ,delivery point modernization 7a7 ,in general ,subchapter ,,vii of chapter #cf of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cfib4 ,delivery point modernization 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,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 location4 7#b7 ,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 curb1 at a road1 or at a curb4 7#c7 ,delivery point ,the term delivery point means a mailbox or other receptacle to which mail is delivered4 7#d7 ,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 7as defined under regulations1 directives1 or other guidance of the ,postal ,service74 7#e7 ,door delivery ,the term door delivery-- 7,a7 means a primary mode of mail delivery whereby mail is-- 7i7 delivered to a mail receptacle at or near a postal customer's door2 or 7ii7 hand-delivered to a postal customer2 and 7,b7 does not include curbside or centralized delivery4 7#f7 ,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 customer4 7b7 ,policy ,except as otherwise provided in this section1 including paragraphs 7#d7 and 7#e7 of subsection 7c71 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 ,service4 7c7 ,conversion to other delivery modes 7#a7 ,new addresses ,except as provided in paragraphs 7#d7 and 7#e71 the ,postal ,service shall provide centralized delivery to new addresses established after the date of enactment of the ,postal ,reform ,act of #bjac1 or if centralized delivery is not practicable shall provide curbside delivery4 7#b7 ,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 #bjac to centralized delivery or to curbside delivery4 7#c7 ,residential address conversion 7,a7 ,identification ,not later than #i months after the date of enactment of the ,postal ,reform ,act of #bjac1 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 delivery1 in accordance with standards established by the ,postal ,service4 7,b7 ,voluntary conversion ,not later than #a year after the date of enactment of the ,postal ,reform ,act of #bjac1 and consistent with subsection 7b7 and paragraph 7#d71 the ,postal ,service shall begin implementation of a program to convert1 on a voluntary basis1 the addresses identified under subparagraph 7,a7 from door delivery to a more cost-effective primary mode of delivery4 7,c7 ,procedures ,in pursuing conversion under subparagraph 7,b71 the ,postal ,service shall establish procedures to-- 7i7 solicit and consider input from postal customers1 ,state and local governments1 local associations1 and property owners2 and 7ii7 place centralized delivery points in locations that maximize delivery efficiency1 ease of use for postal customers1 and respect for private property rights4 7#d7 ,exceptions ,in establishing a primary mode of mail delivery for new addresses under paragraph 7#a7 or converting the primary mode of mail delivery for an address under paragraph 7#b7 or 7#c71 the ,postal ,service may provide door delivery if-- 7,a7 a physical barrier precludes the efficient provision of centralized delivery or curbside delivery2 7,b7 the address is located in a registered historic district1 as that term is defined in section #dg7;c77#c77;,b7 of the ,internal ,revenue ,code of #aihf2 or 7,c7 the ,postal ,service determines that the provision of centralized delivery or curbside delivery would be impractical1 would not be cost-effective1 or would not be in the best long-term interest of the ,postal ,service4 7#e7 ,waiver for physical hardship ,the ,postal ,service shall establish and maintain a waiver program under which1 upon the application of a postal customer1 door delivery may be continued or provided to a delivery point if-- 7,a7 centralized delivery or curbside delivery would1 but for this paragraph1 be the primary mode of mail delivery for the delivery point2 and 7,b7 a physical hardship prevents the postal customer from receiving his or her mail through any other form of mail delivery4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,vii of chapter #cf of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cfib4 ,delivery point modernization4 4 #bjf4 ,postal services for market-dominant products 7a7 ,in general ,strike section #cffa of title #ci1 ,united ,states ,code1 and insert the following3 #cffa4 ,postal services for market-dominant products 7a7 ,general obligation ,the ,postal ,service shall develop and promote adequate and efficient postal services with respect to its market-dominant products4 7b7 ,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 basis4 ,the authority under this subsection may not be delegated to the ,postmaster ,general or to any other individual or entity4 7c7 ,notice1 comment1 and review 7#a7 ,notice 7,a7 ,in general ,not later than #fj days before the date on which any change in service under subsection 7b7 is implemented1 the ,board of ,governors shall provide public notice of the proposed change in service implementation of the proposed change1 including any adjustment in classes or rates proposed to be made under this section4 7,b7 ,publication ,the notice required by subparagraph 7,a7 shall be-- 7i7 published in the ,federal ,register and on the website of the ,postal ,service2 and 7ii7 provided to the ,postal ,regulatory ,commission4 7,c7 ,contents ,the notice required by subparagraph 7,a7 shall describe the proposed change in service1 and address the consistency of the change with the policies of this title1 including its effect on the provision of universal postal service4 7#b7 ,public comment ,the ,board of ,governors shall solicit and receive public comments on any proposed change in service under subsection 7b74 ,the ,board shall give interested persons an opportunity to comment on the proposed change in service through the submission of written data1 views1 or arguments1 with or without opportunity for oral presentation1 and shall take any relevant matter presented into consideration in making its final determination regarding the proposed change in service4 7#c7 ,final decision ,not later than #cj days before the date on which a change in service under subsection 7b7 takes effect1 the ,board of ,governors shall issue a final decision on the change in service which shall-- 7,a7 be published in the ,federal ,register and on the website of the ,postal ,service2 and 7,b7 include an explanation responding to all relevant comments received4 7#d7 ,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 #cffb4 7d7 ,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 products4 ,for a change that affects the nature of service provided for both market-dominant products and competitive products1 only the effect on market-dominant products shall be subject to this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking the item relating to section #cffa and inserting the following3 #cffa4 ,postal services for market-dominant products4 4 ,,iii ,postal ,service revenue #cja4 ,postal rates 7a7 ,modern rate system 7#a7 ,in general ,chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking section #cfbb and inserting the following3 #cfbb4 ,modern rate system 7a7 ,authority generally ,the ,board of ,governors of the ,postal ,service shall establish1 and may from time to time thereafter revise1 a system of classes and rates for market-dominant products1 consistent with the requirements of this section4 ,the authority under this section may not be delegated to the ,postmaster ,general or to any other individual or body4 7b7 ,objectives ,such system shall be designed to achieve the following objectives1 each of which shall be applied in conjunction with the others3 7#a7 ,to maximize incentives for the ,postal ,service to reduce costs and increase efficiency4 7#b7 ,to create predictability and stability in rates through the establishment of a schedule whereby rates change at regular intervals by predictable amounts4 7#c7 ,to maintain high quality service standards established under section #cfia4 7#d7 ,to assure adequate revenues1 including retained earnings1 to maintain financial stability4 7#e7 ,to establish and maintain a just and reasonable schedule for rates and classifications1 however the objective under this paragraph shall not be construed to prohibit the ,board of ,governors from making changes of unequal magnitude within1 between1 or among classes of mail4 7#f7 ,to enhance mail security and deter terrorism4 7#g7 ,to allocate the total institutional costs of the ,postal ,service appropriately between market-dominant and competitive products1 in accordance with regulations established by the ,postal ,regulatory ,commission under section #cfcc4 7c7 ,factors ,in establishing or revising such system1 the ,board of ,governors shall take into account-- 7#a7 the value of the mail service actually provided each class or type of mail service to both the sender and the recipient1 including but not limited to the collection1 mode of transportation1 and priority of delivery2 7#b7 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 type2 7#c7 the effect of rate increases upon the general public1 business mail users1 and enterprises in the private sector of the economy engaged in the delivery of mail matter other than letters2 7#d7 the available alternative means of sending and receiving letters and other mail matter at reasonable costs2 7#e7 the simplicity of structure for the entire schedule and simple1 identifiable relationships between the rates or fees charged the various classes of mail for postal services2 7#f7 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 mail2 7#g7 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 delivery2 7#h7 the desirability of special classifications for both postal users and the ,postal ,service in accordance with the policies of this title2 7#i7 the educational1 cultural1 scientific1 and informational value to the recipient of mail matter2 7#aj7 the need for the ,postal ,service to increase its efficiency and reduce its costs1 including infrastructure costs1 to help maintain high quality1 affordable postal services2 7#aa7 the value to the ,postal ,service and postal users of promoting intelligent mail and of secure1 sender-identified mail2 and 7#ab7 the policies of this title as well as such other factors as the ,board of ,governors determines appropriate4 7d7 ,notice1 comment1 and review 7#a7 ,notice ,the ,board of ,governors shall provide notice of any adjustment in classes or rates proposed to be made under this section-- 7,a7 not less than-- 7i7 #ij days before implementation of any class or rate adjustment that affects all or substantially all market-dominant products2 and 7ii7 #de days before implementation of any other class or rate adjustment2 and 7,b7 to-- 7i7 the public1 including by-- 7,i7 publication in the ,federal ,register2 and 7,,ii7 posting on ,postal ,service's website2 and 7ii7 the ,postal ,regulatory ,commission4 7#b7 ,public comment ,the ,board of ,governors shall solicit and receive public comments on any proposed rate or class adjustment1 and shall take such comments into account in making its final determination as to a rate or class adjustment4 7#c7 ,final decision ,not later than #aj days before a rate or class adjustment takes effect1 the ,board of ,governors shall issue a final decision on the adjustment which shall-- 7,a7 be published in the ,federal ,register and on the ,postal ,service's website2 and 7,b7 include an explanation responding to all relevant comments received4 7#d7 ,commission review ,any adjustment made by the ,board of ,governors under this section shall be subject to review by the ,commission under section #cffb4 7e7 ,limitations on rate adjustments 7#a7 ,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 #ab-month period preceding the date the ,board of ,governors provides notice of its intention to increase rates4 7#b7 ,conditions 7,a7 ,rounding of rates and fees ,nothing in this subsection shall preclude the ,board of ,governors from rounding rates and fees to the nearest whole integer1 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 ,consumers4 7,b7 ,use of unused rate authority 7i7 ,definition ,in this subparagraph1 the term unused rate adjustment authority means the difference between-- 7,i7 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 7#a72 and 7,,ii7 the amount of the rate adjustment the ,board of ,governors actually makes in that year4 7ii7 ,authority ,subject to clause 7iii71 the ,postal ,service may use any unused rate adjustment authority for any of the #e years following the year such authority occurred4 7iii7 ,limitations ,in exercising the authority under clause 7ii7 in any year1 the ,postal ,service-- 7,i7 may use unused rate adjustment authority from more than #a year2 7,,ii7 may use any part of the unused rate adjustment authority from any year2 7,,iii7 shall use the unused rate adjustment authority from the earliest year such authority first occurred and then each following year2 and 7,,iv7 may not exceed the annual limitation under paragraph 7#a7 by more than #b percentage points4 7#c7 ,exigent circumstances ,notwithstanding any limitation under subsection 7d77#a7 and paragraph 7#a7 of this subsection1 and provided there is not sufficient unused rate authority under paragraph 7#b77;,b71 the ,board of ,governors may adjust rates on an expedited basis due to either extraordinary or exceptional circumstances1 provided that the ,board of ,governors unanimously determines1 after notice and opportunity for public comment1 that such adjustment is reasonable and equitable and necessary to enable the ,postal ,service1 under best practices of honest1 efficient1 and economical management1 to maintain and continue the development of postal services of the kind and quality adapted to the needs of the ,united ,states4 7#d7 ,expiration of rate cap ,any system of rates and classes established or revised by the ,board of ,governors under subsection 7a7 after ,december #bj1 #bjaf1 shall not be subject to the limitation in paragraph 7#a7 of this subsection4 7f7 ,workshare discounts 7#a7 ,definition ,in this subsection1 the term workshare discount refers to rate discounts provided to mailers for the presorting1 prebarcoding1 handling1 or transportation of mail1 as further defined by the ,board of ,governors under subsection 7a74 7#b7 ,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 activity1 unless-- 7,a7 the discount is-- 7i7 associated with a new postal service1 a change to an existing postal service1 or with a new work share initiative related to an existing postal service2 and 7ii7 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 time2 7,b7 the amount of the discount above costs avoided-- 7i7 is necessary to mitigate rate shock2 and 7ii7 will be phased out over time2 7,c7 the discount is provided in connection with a category of mail consisting exclusively of mail matter of educational1 cultural1 scientific1 or informational value2 or 7,d7 reduction or elimination of the discount would-- 7i7 impede the efficient operation of the ,postal ,service2 7ii7 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 eliminated2 or 7iii7 result in a further increase in the rates paid by mailers not able to take advantage of the discount4 7#c7 ,notice ,whenever a workshare discount is established1 the ,board of ,governors shall ensure that the notice provided under subsection 7d77#a7 includes-- 7,a7 the reasons for establishing the discount2 7,b7 the data1 economic analyses1 and other information relied on by the ,board of ,governors to justify the rate2 and 7,c7 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 rate4 7g7 ,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-- 7#a7 is available on public and reasonable terms to similarly situated mailers2 7#b7 either-- 7,a7 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 ,service2 or 7,b7 enhances the performance of mail preparation1 processing1 transportation1 or other functions2 and 7#c7 does not cause unreasonable harm to the marketplace4 7h7 ,consideration of prior ,commission decisions ,in making any determination under this section1 including the construction and interpretation of the terms used in this section1 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 #bjac1 and shall include an explanation of any deviation from such decisions in the notice required under subsection 7d77#a74 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking the item relating to section #cfbb and inserting the following3 #cfbb4 ,postal services for market-dominant products4 4 7b7 ,repeal of rate preferences for qualified political committees 7#a7 ,in general ,section #cfbf of title #ci1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7e72 7,b7 by redesignating subsections 7f71 7g71 and 7h7 as subsections 7e71 7f71 and 7g71 respectively2 7,c7 by redesignating subsections 7j7 through 7n7 as subsections 7h7 through 7l71 respectively2 and 7,d7 in subsection 7h71 as redesignated by paragraph 7#c7-- 7i7 in paragraph 7#a77;,d71 by striking subsection 7m77#b7 and inserting subsection 7k77#b72 and 7ii7 in paragraph 7#c77;,b71 by striking subsection 7m7 and inserting subsection 7k74 7#b7 ,technical and conforming amendment ,section #cfbi of title #ci1 ,united ,states ,code1 is amended-- 7,a7 by striking is available and inserting was available2 and 7,b7 by striking section #cfbf and inserting section #cfbf1 as in effect on the day before the date of enactment of the ,postal ,reform ,act of #bjac14 #cjb4 ,nonpostal services 7a7 ,authorization of new nonpostal services 7#a7 ,in general ,section #djd of title #ci1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7ii7 by inserting after paragraph 7#e7 the following3 7#f7 on and after the date of enactment of the ,postal ,reform ,act of #bjac1 and except as provided in subsection 7e7-- 7,a7 to provide other services that are not postal services1 if the provision of such services-- 7i7 uses the processing1 transportation1 delivery1 retail network1 or technology of the ,postal ,service2 7ii7 is consistent with the public interest and a demonstrated or potential public demand for-- 7,i7 the ,postal ,service1 rather than another entity1 to provide the services2 or 7,,ii7 the ,postal ,service1 in addition to or in partnership with another entity1 to provide the services2 7iii7 would not create unfair competition with the private sector1 taking into consideration the extent to which the ,postal ,service will not1 either by legal obligation or voluntarily1 comply with any state or local requirements that generally apply to persons providing the services2 7iv7 does not unreasonably interfere with or detract from the value of postal services1 including-- 7,i7 the cost and efficiency of postal services2 and 7,,ii7 access to postal retail service2 7v7 will be undertaken in accordance with all ,federal laws generally applicable to the provision of such services2 and 7vi7 has the potential to improve the net financial position of the ,postal ,service1 based on a market analysis provided to the ,postal ,regulatory ,commission by the ,postal ,service2 and 7,b7 to classify a service provided under subparagraph 7,a7 as an experimental product subject to section #cfda2 2 7,b7 in subsection 7e77#a71 by inserting and that was offered by the ,postal ,service on the date of enactment of the ,postal ,reform ,act of #bjac after #ajb7e72 and 7,c7 by adding at the end the following3 7g7 ,for purposes of chapters #bj and #cf of this title1 nonpostal services provided under subsection 7a77#f7 shall be treated as competitive products4 4 7#b7 ,complaints ,section #cffb7;a7 of title #ci1 ,united ,states ,code1 is amended by inserting #djd7;a77#f71 after #djc7;c714 7#c7 ,market analysis ,during the #e-year period beginning on the date of enactment of this ,act1 the ,postal ,service shall submit a copy of any market analysis provided to the ,commission under section #djd7;a77#f77;,a77vi7 of title #ci1 ,united ,states ,code1 as amended by this section1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7b7 ,governmental services ,section #daa of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in the second sentence1 by striking this section and inserting this subsection2 7#b7 by inserting 7a7 before ,executive agencies2 and 7#c7 by adding at the end the following-- 7b7 7#a7 ,the ,postal ,service is authorized to furnish property and services to ,states1 local governments1 and tribal governments1 under such terms and conditions1 including reimbursability1 as the ,postal ,service and the applicable ,state1 local government1 or tribal government shall determine appropriate4 7#b7 ,for purposes of this subsection-- 7,a7 the term local government means-- 7i7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments1 or regional or interstate government entity2 7ii7 an agency or instrumentality of an entity described in clause 7i72 or 7iii7 a rural community1 an unincorporated town or village1 or an instrumentality of a rural community or an unincorporated town or village2 7,b7 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states2 and 7,c7 the term tribal government means the government of an ,indian tribe1 as that term is defined in section #d7;e7 of the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej;b7e774 7c7 ,the ,postal ,service shall submit to the ,postal ,regulatory ,commission1 together with the report required under section #cfeb1 a report that details the costs and revenues of the services provided by the ,postal ,service under this section4 7d7 ,in determining reimbursability under subsections 7a7 and 7b71 the ,postal ,service shall ensure that each service provided under such subsections covers its costs attributable1 as that term is defined in section #cfca7;b74 4 7c7 ,conforming amendments 7#a7 ,section #djd7;e7 of title #ci ,section #djd7;e7 of title #ci1 ,united ,states ,code1 is amended by striking paragraph 7#e7 and inserting the following3 7#e7 ,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 #bjac4 7#f7 ,nothing in this subsection shall be construed to prevent the ,postal ,service from establishing nonpostal products and services that are expressly authorized by subsection 7a77#f74 4 7#b7 ,section #cfda of title #ci ,section #cfda of title #ci1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b77#a71 by inserting 7or the appropriate consumers in the case of nonpostal products7 after users2 7,b7 in the first sentence of subsection 7b77#c71 by striking section #cfdb7;b77#a7 and inserting sections #djd7;g7 and #cfdb7;b77#a72 7,c7 in the second sentence of subsection 7b77#c71 by striking section #cfcc7c7 and inserting section #cfcc7;a77#c72 7,d7 in subsection 7e77#a71 by striking #aj1jjj1jjj and inserting #ej1jjj1jjj2 and 7,e7 in subsection 7e77#b71 by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj4 7#c7 ,technical and conforming amendments ,section #bjjc7;b77#a7 of title #ci1 ,united ,states ,code1 is amended by striking postal and nonpostal services and inserting postal services1 nonpostal services authorized under section #djd7;e71 and products and services authorized under section #daa14 #cjc4 ,shipping of wine1 beer1 and distilled spirits 7a7 ,mailability 7#a7 ,nonmailable articles ,section #agaf7;f7 of title #ah1 ,united ,states ,code1 is amended by striking mails and inserting mails1 except to the extent that the mailing is allowable under section #cjja7p7 of title #ci4 7#b7 ,application of laws ,section #aafa of title #ah1 ,united ,states ,code1 is amended1 by inserting 1 and1 with respect to the mailing of distilled spirits1 wine1 or malt beverages 7as those terms are defined in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa771 is in conformity with section #cjja7p7 of title #ci after ,register4 7b7 ,regulations ,section #cjja of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 7#a7 ,in this subsection1 the terms distilled spirits1 wine1 and malt beverage have the same meanings as in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa74 7#b7 ,distilled spirits1 wine1 or malt beverages shall be considered mailable if mailed-- 7,a7 in accordance with the laws and regulations of-- 7i7 the ,state1 territory1 or district of the ,united ,states where the sender or duly authorized agent initiates the mailing2 and 7ii7 the ,state1 territory1 or district of the ,united ,states where the addressee or duly authorized agent takes delivery2 and 7,b7 to an addressee who is at least #ba years of age-- 7i7 who provides a signature and presents a valid1 government-issued photo identification upon delivery2 or 7ii7 the duly authorized agent of whom-- 7,i7 is at least #ba years of age2 and 7,,ii7 provides a signature and presents a valid1 government-issued photo identification upon delivery4 7#c7 ,the ,postal ,service shall prescribe such regulations as may be necessary to carry out this subsection4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the earlier of-- 7#a7 the date on which the ,postal ,service issues regulations under section #cjja7p7 of title #ci1 ,united ,states ,code1 as amended by this section2 and 7#b7 #abj days after the date of enactment of this ,act4 ,,iv ,postal ,service governance #dja4 ,board of ,governors of the ,postal ,service 7a7 ,board of ,governors ,title #ci1 ,united ,states ,code1 is amended by striking section #bjb and inserting the following3 #bjb4 ,board of ,governors 7a7 ,in general ,the exercise of the power of the ,postal ,service shall be directed by a ,board of ,governors composed of #i members appointed in accordance with this section1 each of whom shall be a voting member of the ,board4 7b7 ,membership 7#a7 ,composition ,the ,board shall be composed of-- 7,a7 the ,postmaster ,general2 7,b7 the ,secretary of the ,treasury2 and 7,c7 #g members1 to be known as ,governors1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,affiliation ,not more than #d of the ,governors may be members of any one political party4 7#c7 ,chairperson ,the ,president shall designate one of the ,governors to serve as the ,chairperson of the ,board4 7c7 ,qualifications 7#a7 ,in general ,the ,governors shall represent the public interest generally1 and shall be chosen solely on the basis of experience in public service1 law1 or accounting1 or on a demonstrated ability to manage organizations or corporations 7in either the public or private sector7 of substantial size4 7#b7 ,no specific interest ,a ,governor may not be a representative of a specific interest using the ,postal ,service4 7#c7 ,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 #bjac shall1 in addition to the qualifications set forth in paragraph 7#a71 be appointed based on the demonstrated ability of that individual to manage and improve financially troubled organizations4 7d7 ,removal ,a ,governor may be removed only for cause4 7e7 ,compensation 7#a7 ,salary ,each ,governor shall receive a salary of #cj1jjj each year1 plus #cjj for each day1 for not more than #db days1 on which the ,governor attends a meeting of the ,board4 ,nothing in this paragraph shall be construed to limit the number of days of meetings each year to #db days4 7#b7 ,reimbursement for meetings ,each ,governor shall be reimbursed for travel and reasonable expenses incurred in attending meeting meetings of the ,board4 7f7 ,terms 7#a7 ,in general ,each ,governor shall serve for a term of #g years4 7#b7 ,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 term4 7#c7 ,continuation of service ,a ,governor may continue to serve after the expiration of the term of that ,governor until a successor has been appointed1 except that a ,governor may not continue to serve for more than #a year after the date on which the term of that ,governor would have otherwise expired4 7#d7 ,limit ,a ,governor may serve for not more than #b terms4 7g7 ,postmaster general 7#a7 ,appointment and removal ,the ,governors shall appoint and shall have the power to remove the ,postmaster ,general4 7#b7 ,pay and term of service ,the pay and term of service of the ,postmaster ,general shall be determined by the ,governors4 7h7 ,deputy postmaster general 7#a7 ,appointment and removal ,the ,governors and the ,postmaster ,general shall appoint and shall have the power to remove the ,deputy ,postmaster ,general4 7#b7 ,pay ,the pay of the ,deputy ,postmaster ,general shall be determined by the ,governors4 7#c7 ,term of service ,the term of service of the ,deputy ,postmaster ,general shall be determined by the ,governors and the ,postmaster ,general4 7i7 ,executive committee 7#a7 ,authority to establish ,the ,board1 by a vote of a majority of its members1 may establish an ,executive ,committee of the ,board1 consistent with paragraph 7#b74 7#b7 ,board membership and responsibilities ,if established by the ,board1 the ,executive ,committee shall-- 7,a7 be composed of the ,chairperson of the ,board and #b additional ,governors designated by the ,board1 except that not more than #b members of the ,executive ,committee may be members of any one political party2 7,b7 develop and oversee implementation of strategies and measures to ensure the long-term financial solvency of the ,postal ,service2 7,c7 develop and oversee the implementation of the financial plan and budget required under section #djc of the ,postal ,reform ,act of #bjac and updates to the financial plan and budget2 7,d7 make recommendations to the ,board regarding aspects of postal operations2 and 7,e7 assume such other responsibilities as the ,board determines appropriate4 7#c7 ,quorum #b members of the ,executive ,committee shall constitute a quorum for the transaction of business by the ,executive ,committee4 7#d7 ,termination ,the ,executive ,committee may be terminated by a vote of the majority of the members of the ,board4 4 7b7 ,procedures of the board ,section #bje7;c7 of title #ci1 ,united ,states ,code1 is amended by striking #f members and inserting #e members4 7c7 ,incumbents2 implementation 7#a7 ,incumbents ,an individual serving as a ,governor on the ,board of ,governors of the ,postal ,service 7referred to in this subsection as a ,governor7 on the date of enactment of this ,act may continue to serve as a ,governor until the expiration of the term of that ,governor4 7#b7 ,implementation of membership reduction 7,a7 ,in general ,the following vacancies in the position of ,governor shall not be filled3 7i7 ,one of the #b positions as a ,governor for which the term is scheduled to expire on ,december #h1 #bjad4 7ii7 ,one of the #b positions as a ,governor for which the term is scheduled to expire on ,december #h1 #bjae4 7,b7 ,preference for abolishing vacant positions 7i7 ,positions expiring in #bjad ,if one of the #b positions referred to in clause 7i7 of subparagraph 7,a7 is vacant on the date of enactment of this ,act1 that vacant position shall be the position that is not filled1 as required under such clause 7i74 7ii7 ,positions expiring in #bjae ,if one of the #b positions referred to in clause 7ii7 of subparagraph 7,a7 is vacant on the date of enactment of this ,act1 that vacant position shall be the position that is not filled1 as required under such clause 7ii74 7d7 ,conforming ,amendments ,title #ci1 ,united ,states ,code1 is amended-- 7#a7 in section #ajb7c7-- 7,a7 by striking #i and inserting #g2 and 7,b7 by striking #bjb7;a7 and inserting #bjb7;b77#a77;,c72 and 7#b7 in section #bjc-- 7,a7 by striking #bjb7;c7 and inserting #bjb7;g72 and 7,b7 by striking #bjb7;d7 and inserting #bjb7;h74 #djb4 ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation 7a7 ,establishment 7#a7 ,in general ,there is established in the ,postal ,service a ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation 7referred to in this section as the ,advisory ,commission74 7#b7 ,independence ,the ,advisory ,commission shall not be subject to the supervision of the ,board of ,governors of the ,postal ,service 7referred to in this section as the ,board of ,governors71 the ,postmaster ,general1 or any other officer or employee of the ,postal ,service4 7b7 ,purpose ,the purpose of the ,advisory ,commission is-- 7#a7 to provide strategic guidance to the ,president1 ,congress1 the ,board of ,governors1 and the ,postmaster ,general on enhancing the long-term solvency of the ,postal ,service2 and 7#b7 to foster innovative thinking to address the challenges facing the ,postal ,service4 7c7 ,membership 7#a7 ,composition ,the ,advisory ,commission shall be composed of #g members1 of whom-- 7,a7 #c members shall be appointed by the ,president1 who shall designate #a member appointed under this subparagraph to serve as ,chairperson of the ,advisory ,commission2 and 7,b7 #a member shall be appointed by each of-- 7i7 the majority leader of the ,senate2 7ii7 the minority leader of the ,senate2 7iii7 the ,speaker of the ,house of ,representatives2 and 7iv7 the minority leader of the ,house of ,representatives4 7#b7 ,qualifications ,members of the ,advisory ,commission shall be prominent citizens having-- 7,a7 significant depth of experience in such fields as business and public administration2 7,b7 a reputation for innovative thinking2 7,c7 familiarity with new and emerging technologies2 and 7,d7 experience with revitalizing organizations that experienced significant financial challenges or other challenges4 7#c7 ,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 ,commission1 except in the capacity of that individual as a member of the ,advisory ,commission4 7#d7 ,deadline for appointment ,each member of the ,advisory ,commission shall be appointed not later than #de days after the date of enactment of this ,act4 7#e7 ,meetings2 quorum2 vacancies 7,a7 ,meetings ,the ,advisory ,commission shall meet at the call of the ,chairperson or a majority of the members of the ,advisory ,commission4 7,b7 ,quorum #d members of the ,advisory ,commission shall constitute a quorum4 7,c7 ,vacancies ,any vacancy in the ,advisory ,commission shall not affect the powers of the ,advisory ,commission1 but shall be filled as soon as practicable in the same manner in which the original appointment was made4 7d7 ,duties and powers 7#a7 ,duties ,the ,advisory ,commission shall-- 7,a7 study matters that the ,advisory ,commission determines are necessary and appropriate to develop a strategic blueprint for the long-term solvency of the ,postal ,service1 including-- 7i7 the financial1 operational1 and structural condition of the ,postal ,service2 7ii7 alternative strategies and business models that the ,postal ,service could adopt2 7iii7 opportunities for additional postal and nonpostal products and services that the ,postal ,service could offer2 7iv7 innovative services that postal services in foreign countries have offered1 including services that respond to the increasing use of electronic means of communication2 and 7v7 the governance structure1 management structure1 and management of the ,postal ,service1 including-- 7,i7 the appropriate method of appointment1 qualifications1 duties1 and compensation for senior officials of the ,postal ,service1 including the ,postmaster ,general2 and 7,,ii7 the number and functions of senior officials of the ,postal ,service and the number of levels of management of the ,postal ,service2 and 7,b7 submit the report required under subsection 7f74 7#b7 ,hearings ,the ,advisory ,commission may hold such hearings1 take such testimony1 and receive such evidence as is necessary to carry out this section4 7#c7 ,access to information ,the ,advisory ,commission may secure directly from the ,postal ,service1 the ,board of ,governors1 the ,postal ,regulatory ,commission1 and any other ,federal department or agency such information as the ,advisory ,commission considers necessary to carry out this section4 ,upon request of the ,chairperson of the ,advisory ,commission1 the head of the department or agency shall furnish the information described in the preceding sentence to the ,advisory ,commission4 7e7 ,personnel matters 7#a7 ,advisory commission members 7,a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day during which the member is engaged in the actual performance of the duties of the ,advisory ,commission4 7,b7 ,travel expenses ,each member of the ,advisory ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees serving intermittently in the ,government service under section #egjc of title #e1 ,united ,states ,code1 while away from home or regular place of business in the performance of services for the ,advisory ,commission4 7#b7 ,staff 7,a7 ,appointment and compensation ,the ,chairperson1 in accordance with rules agreed upon by the ,advisory ,commission1 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 ,commission1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7,b7 ,detailees ,any ,federal employee1 including an employee of the ,postal ,service1 may be detailed to the ,advisory ,commission without reimbursement1 and such detail shall be without interruption or loss of the civil service rights1 status1 or privilege of the employee4 7,c7 ,consultant services ,the ,advisory ,commission may procure the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 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 #ecae of such title4 7f7 ,strategic blueprint for long-,term solvency 7#a7 ,in general ,not later than #i months after the date of enactment of this ,act1 the ,advisory ,commission shall submit a report that contains a strategic blueprint for the long-term solvency of the ,postal ,service to-- 7,a7 the ,president2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,d7 the ,board of ,governors2 and 7,e7 the ,postmaster ,general4 7#b7 ,contents ,the strategic blueprint contained in the report submitted under paragraph 7#a7 shall include-- 7,a7 an assessment of the business model of the ,postal ,service as of the date on which the report is submitted2 7,b7 an assessment of potential future business models for the ,postal ,service1 including an evaluation of the appropriate balance between-- 7i7 necessary reductions in costs and services2 and 7ii7 additional opportunities for growth and revenue2 7,c7 a strategy for addressing significant current and future liabilities2 7,d7 identification of opportunities for further reductions in costs2 7,e7 identification of opportunities for new and innovative products and services2 7,f7 a strategy for future growth2 7,g7 a vision of how the ,postal ,service will operate in a sustainable manner #bj years after the date of enactment of this ,act2 and 7,h7 recommendations for any legislative changes necessary to implement the strategic blueprint described in this paragraph4 7g7 ,study and strategic plan on interagency agreements for post offices 7#a7 ,duties of ,advisory ,commission 7,a7 ,study 7i7 ,in general ,the ,advisory ,commission shall conduct a study concerning the advisability of the ,postal ,service entering into interagency agreements with ,federal1 ,state1 and local agencies1 with respect to post offices1 that-- 7,i7 streamline and consolidate services provided by ,federal1 ,state1 and local agencies2 7,,ii7 decrease the costs incurred by ,federal agencies in providing services to the general public2 and 7,,iii7 improve the efficiency and maintain the customer service standards of the ,federal1 ,state1 and local agencies4 7ii7 ,clarification of inter-agency agreements ,the study under clause 7i7 shall include consideration of the advisability of the ,postal ,service entering into an interagency agreement with-- 7,i7 the ,bureau of the ,census for the provision of personnel and resources for the #bjbj decennial census2 7,,ii7 the department of motor vehicles1 or an equivalent agency1 of each ,state for the provision of driver licenses1 vehicle registration1 and voter registration2 7,,iii7 the division of wildlife1 the department of natural resources1 or an equivalent agency1 of each ,state for the provision of hunting and fishing licenses2 and 7,,iv7 other ,federal agencies responsible for providing services to the general public4 7,b7 ,findings ,the ,advisory ,commission shall-- 7i7 not later than #i months after the date of enactment of this ,act1 submit to the ,postal ,service the findings of the study conducted under subparagraph 7,a72 and 7ii7 incorporate the findings described in clause 7i7 into the strategic blueprint required under subsection 7f74 7#b7 ,postal service strategic plan 7,a7 ,in general ,not later than #f months after the date on which the ,advisory ,commission submits to the ,postal ,service the findings under paragraph 7#a77;,b71 the ,postal ,service shall submit a strategic plan for entering into interagency agreements concerning post offices to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,limitations ,the strategic plan submitted under subparagraph 7,a7 shall be consistent with public interest and demand4 7,c7 ,cost savings projections ,the strategic plan submitted under subparagraph 7,a7 shall include1 for each proposed interagency agreement1 a projection of cost savings to be realized by the ,postal ,service and by any other ,federal agency that is a party to the agreement4 7h7 ,termination of the commission ,the ,advisory ,commission shall terminate #ij days after the later of-- 7#a7 the date on which the ,advisory ,commission submits the report on the strategic blueprint for long-term solvency under subsection 7f72 and 7#b7 the date on which the ,advisory ,commission submits the findings on interagency agreements for post offices under subsection 7g74 7i7 ,authorization of appropriations ,there are authorized to be appropriated out of the ,postal ,service ,fund for fiscal years #bjad and #bjae such sums as may be necessary to carry out this section4 #djc4 ,long-term solvency plan2 annual financial plan and budget 7a7 ,definitions ,in this section-- 7#a7 the term ,board of ,governors means the ,board of ,governors of the ,postal ,service2 7#b7 the term long-term solvency plan means the plan required to be submitted by the ,postmaster ,general under subsection 7b77#a72 and 7#c7 the term solvency means the ability of the ,postal ,service to pay debts and meet expenses1 including the ability to perform maintenance and repairs1 make investments1 and maintain financial reserves1 as necessary to fulfill the requirements under1 and comply with the policies of1 title #ci1 ,united ,states ,code1 and other obligations of the ,postal ,service4 7b7 ,plan for the long-,term solvency of the postal service 7#a7 ,solvency plan required 7,a7 ,in general ,not later than the date described in subparagraph 7,b71 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 solvency4 7,b7 ,date ,the date described in this subparagraph is the later of-- 7i7 the date that is #ij days after the date of enactment of this ,act2 and 7ii7 the earliest date as of which the ,board of ,governors has the number of members required for a quorum4 7#b7 ,considerations ,the long-term solvency plan shall take into account-- 7,a7 the legal authority of the ,postal ,service2 7,b7 changes in the legal authority and responsibilities of the ,postal ,service under this ,act and the amendments made by this ,act2 7,c7 any cost savings that the ,postal ,service anticipates will be achieved through negotiations with employees of the ,postal ,service2 7,d7 projected changes in mail volume2 7,e7 the impact of any regulations that the ,postal ,service is required to promulgate under ,federal law2 7,f7 projected changes in the number of employees needed to carry out the responsibilities of the ,postal ,service2 and 7,g7 the long-term capital needs of the ,postal ,service1 including the need to maintain1 repair1 and replace facilities and equipment4 7#c7 ,review and submission to ,congress 7,a7 ,review ,upon receipt of the long-term solvency plan1 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 plan4 7,b7 ,submission to ,congress ,not later than #fj days after initial receipt of the long-term solvency plan1 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 ,representatives1 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 plan4 7#d7 ,updates 7,a7 ,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 #e years after the enactment of this ,act4 7,b7 ,review by ,board of ,governors ,the ,board of ,governors shall review and submit to ,congress the updates under this paragraph in accordance with paragraph 7#c74 7c7 ,annual financial plan and budget 7#a7 ,in general ,for each of the first #e full fiscal years after the date of enactment of this ,act1 not later than ,august #a of the preceding fiscal year1 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 ,service4 7#b7 ,contents of financial plan and budget ,the financial plan and budget for a fiscal year shall-- 7,a7 promote the financial stability of the ,postal ,service and provide for progress towards the long-term solvency of the ,postal ,service2 7,b7 include the annual budget program of the ,postal ,service under section #bjji of title #ci1 ,united ,states ,code1 and the plan of the ,postal ,service commonly referred to as the ,integrated ,financial ,plan2 7,c7 describe lump-sum expenditures by all categories traditionally used by the ,postal ,service2 7,d7 describe capital expenditures1 together with a schedule of projected capital commitments and cash outlays of the ,postal ,service1 and proposed sources of funding2 7,e7 contain estimates of overall debt 7both outstanding and expected to be incurred72 7,f7 contain cash flow and liquidity forecasts for the ,postal ,service at such intervals as the ,board of ,governors may require2 7,g7 include a statement describing methods of estimations and significant assumptions2 and 7,h7 address any other issues that the ,board of ,governors considers appropriate4 7#c7 ,process for submission and approval of financial plan and budget 7,a7 ,definition ,in this paragraph1 the term covered recipient means-- 7i7 the ,postmaster ,general2 7ii7 the ,president2 7iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7iv7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,review by the ,board of ,governors 7i7 ,in general ,upon receipt of a financial plan and budget under paragraph 7#a71 the ,board of ,governors shall promptly review the financial plan and budget4 7ii7 ,additional information ,in conducting the review under this subparagraph1 the ,board of ,governors may request any additional information it considers necessary and appropriate to carry out the duties of the ,board of ,governors4 7,c7 ,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 7#a7 meets the requirements under paragraph 7#b7 and otherwise adequately addresses the financial situation of the ,postal ,service-- 7i7 the ,board of ,governors shall approve the financial plan and budget and submit a notice of approval to each covered recipient2 and 7ii7 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 #bjji of title #ci1 ,united ,states ,code4 7,d7 ,disapproval of financial plan and budget submitted by the ,postmaster ,general 7i7 ,in general ,if the ,board of ,governors determines that the financial plan and budget for a fiscal year under paragraph 7#a7 does not meet the requirements under paragraph 7#b7 or is otherwise inadequate in addressing the financial situation of the ,postal ,service1 the ,board of ,governors shall-- 7,i7 disapprove the financial plan and budget2 7,,ii7 submit to each covered recipient a statement that describes the reasons for the disapproval2 7,,iii7 direct the ,postmaster ,general to appropriately revise the financial plan and budget for the ,postal ,service2 and 7,,iv7 submit the revised financial plan and budget to each covered recipient4 7ii7 ,submission to ,office of ,management and ,budget ,upon receipt of a revised financial plan and budget under clause 7i77,,iv71 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 #bjji of title #ci1 ,united ,states ,code4 7,e7 ,deadline for transmission of financial plan and budget by ,board of ,governors ,notwithstanding any other provision of this paragraph1 not later than ,september #cj of the fiscal year that precedes each fiscal year for which a financial plan and budget is required under paragraph 7#a71 the ,board of ,governors shall-- 7i7 submit to each covered recipient a notice of approval under subparagraph 7,c77i77,i72 or 7ii7 submit to each covered recipient an approved financial plan and budget for the fiscal year under subparagraph 7,d77i77,,iv74 7,f7 ,revisions to financial plan and budget 7i7 ,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 year4 7ii7 ,process for review1 approval1 disapproval1 and ,postmaster ,general action ,the procedures described in subparagraphs 7,c7 through 7,e7 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 budget4 7d7 ,assumptions based on current law ,in preparing the long-term solvency plan or an annual financial plan and budget required under this section1 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 budget4 #djd4 ,chief ,innovation ,officer2 innovation strategy 7a7 ,chief ,innovation ,officer 7#a7 ,in general ,chapter #b of part ,i of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bji4 ,chief innovation officer 7a7 ,establishment ,there shall be in the ,postal ,service a ,chief ,innovation ,officer appointed by the ,postmaster ,general4 7b7 ,qualifications ,the ,chief ,innovation ,officer shall have proven expertise and a record of accomplishment in areas such as-- 7#a7 the postal and shipping industry2 7#b7 innovative product research and development2 7#c7 brand marketing strategy2 7#d7 new and emerging technology1 including communications technology2 or 7#e7 business process management4 7c7 ,duties ,the ,chief ,innovation ,officer shall lead the development and implementation of-- 7#a7 innovative postal products and services1 particularly products and services that use new and emerging technology1 including communications technology1 to improve the net financial position of the ,postal ,service2 and 7#b7 nonpostal products and services authorized under section #djd7;a77#f7 that have the potential to improve the net financial position of the ,postal ,service4 7d7 ,deadline ,the ,postmaster ,general shall appoint a ,chief ,innovation ,officer not later than #ij days after the date of enactment of the ,postal ,reform ,act of #bjac4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #b of part ,i of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bji4 ,chief ,innovation ,officer4 4 7b7 ,innovation strategy 7#a7 ,initial report on innovation strategy 7,a7 ,in general ,not later than #i months after the date of enactment of this ,act1 the ,postmaster ,general1 acting through the ,chief ,innovation ,officer1 shall submit a report that contains a comprehensive strategy 7referred to in this subsection as the innovation strategy7 for improving the net financial position of the ,postal ,service through innovation1 including the offering of new postal and nonpostal products and services1 to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,matters to be addressed ,at a minimum1 the report on innovation strategy required under subparagraph 7,a7 shall describe-- 7i7 the specific innovative postal and nonpostal products and services to be developed and offered by the ,postal ,service1 including-- 7,i7 the nature of the market demand to be satisfied by each product or service2 and 7,,ii7 the estimated date by which each product or service will be introduced2 7ii7 the cost of developing and offering each product or service2 7iii7 the anticipated sales volume for each product or service2 7iv7 the anticipated revenues and profits to be generated by each product or service2 7v7 the likelihood of success of each product or service and the risks associated with the development and sale of each product or service2 7vi7 the trends anticipated in market conditions that may affect the success of each product or service during the #e-year period beginning on the date of the submission of the report under subparagraph 7,a72 7vii7 any innovations designed to improve the net financial position of the ,postal ,service1 other than the offering of new products and services2 and 7viii7 the metrics that will be used to assess the effectiveness of the innovation strategy4 7#b7 ,annual report 7,a7 ,in general ,not later than #a year after the date of the submission of the initial report containing the innovation strategy under paragraph 7#a71 and annually thereafter for #aj years1 the ,postmaster ,general1 acting through the ,chief ,innovation ,officer1 shall submit a report on the implementation of the innovation strategy to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,matters to be addressed ,at a minimum1 an annual report submitted under subparagraph 7,a7 shall include-- 7i7 an update of the initial report on innovation strategy submitted under paragraph 7#a72 7ii7 a description of the progress made by the ,postal ,service in implementing the products1 services1 and other innovations described in the initial report on innovation strategy2 and 7iii7 an analysis of the performance of each product1 service1 or other innovation described in the initial report on innovation strategy1 including-- 7,i7 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 year2 7,,ii7 trends in each market in which a product or service is intended to satisfy a demand2 7,,iii7 each product or service identified in the innovation strategy that is to be discontinued1 the date on which each discontinuance will occur1 and the reasons for each discontinuance2 7,,iv7 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 service2 7,v7 the performance of innovations other than new products and services that are designed to improve the net financial position of the ,postal ,service2 and 7,,vi7 the performance of the innovation strategy according to the metrics described in paragraph 7#a77;,b77viii74 #dje4 ,area and district office structure 7a7 ,definitions ,in this section-- 7#a7 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 offices2 7#b7 the term district office means the central office of an administrative field unit with responsibility for postal operations in a designated geographic area 7as defined under regulations1 directives1 or other guidance of the ,postal ,service1 as in effect on ,january #a1 #bjac72 and 7#c7 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7b7 ,plan required ,not later than #a year after the date of enactment of this ,act1 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-- 7#a7 be efficient and cost effective2 7#b7 not substantially and adversely affect the operations of the ,postal ,service2 and 7#c7 reduce the total number of area and district offices4 7c7 ,implementation ,not later than #fj days after the date on which the ,postal ,service submits the plan under subsection 7b71 the ,postal ,service shall begin implementing the plan1 including1 where appropriate1 by consolidating area and district offices4 7d7 ,state liaison ,if the ,postal ,service does not maintain a district office in a ,state1 the ,postal ,service shall designate at least #a employee of the district office responsible for ,postal ,service operations in the ,state to represent the needs of ,postal ,service customers in the ,state4 ,an employee designated under this subsection to represent the needs of ,postal ,service customers in a ,state shall be located in that ,state4 #djf4 ,inspector ,general of the ,postal ,service 7a7 ,appointment of ,inspector ,general of the ,postal ,service by ,president ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking the ,postal ,regulatory ,commission1 and the ,united ,states ,postal ,service and inserting and the ,postal ,regulatory ,commission2 7ii7 in paragraph 7#c71 by striking subsection 7h77#a7 and inserting subsection 7g77#a72 and 7iii7 in paragraph 7#d7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking subsection 7h77#a7 and inserting subsection 7g77#a72 7,,ii7 by striking subparagraph 7,b72 and 7,,iii7 by redesignating subparagraphs 7,c7 through 7,h7 as subparagraphs 7,b7 through 7,g71 respectively2 7,b7 in subsection 7c71 by striking ,except as provided under subsection 7f7 of this section1 the and inserting ,the2 7,c7 by striking subsection 7f72 and 7,d7 by redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively2 7#b7 by inserting after section #h,m the following3 #h,n4 ,special provisions concerning the ,inspector ,general of the ,united ,states ,postal ,service 7a7 ,in this section-- 7#a7 the term ,inspector ,general means the ,inspector ,general of the ,united ,states ,postal ,service2 and 7#b7 the term ,governors has the meaning given that term in section #ajb7c7 of title #ci1 ,united ,states ,code4 7b7 ,in carrying out the duties and responsibilities specified in this ,act1 the ,inspector ,general shall have oversight responsibility for all activities of the ,postal ,inspection ,service1 including any internal investigation performed by the ,postal ,inspection ,service4 ,the ,chief ,postal ,inspector shall promptly report the significant activities being carried out by the ,postal ,inspection ,service to the ,inspector ,general4 7c7 7#a7 7,a7 ,the ,inspector ,general shall be under the authority1 direction1 and control of the ,governors with respect to audits or investigations1 or the issuance of subpoenas1 which require access to sensitive information concerning-- 7i7 ongoing civil or criminal investigations or proceedings2 7ii7 undercover operations2 7iii7 the identity of confidential sources1 including protected witnesses2 7iv7 intelligence or counterintelligence matters2 or 7v7 other matters the disclosure of which would constitute a serious threat to national security4 7,b7 ,with respect to the information described under subparagraph 7,a71 the ,governors may prohibit the ,inspector ,general from carrying out or completing any audit or investigation1 or from issuing any subpoena1 after the ,inspector ,general has decided to initiate1 carry out1 or complete such audit or investigation or to issue such subpoena1 if the ,governors determine that such prohibition is necessary to prevent the disclosure of any information described under subparagraph 7,a7 or to prevent the significant impairment to the national interests of the ,united ,states4 7,c7 ,if the ,governors exercise any power under subparagraph 7,a7 or 7,b71 the ,governors shall notify the ,inspector ,general in writing stating the reasons for the exercise of such power4 ,not later than #cj days after receipt of any such notice1 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 ,representatives1 and to other appropriate committees or subcommittees of the ,congress4 7#b7 ,in carrying out the duties and responsibilities specified in this ,act1 the ,inspector ,general-- 7,a7 may initiate1 conduct1 and supervise such audits and investigations in the ,united ,states ,postal ,service as the ,inspector ,general considers appropriate2 and 7,b7 shall give particular regard to the activities of the ,postal ,inspection ,service with a view toward avoiding duplication and ensuring effective coordination and cooperation4 7#c7 ,any report required to be transmitted by the ,governors to the appropriate committees or subcommittees of the ,congress under section #e7;d7 shall also be transmitted1 within the seven-day period specified under that section1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7d7 ,nothing in this ,act shall restrict1 eliminate1 or otherwise adversely affect any of the rights1 privileges1 or benefits of either employees of the ,united ,states ,postal ,service1 or labor organizations representing employees of the ,united ,states ,postal ,service1 under chapter #ab of title #ci1 ,united ,states ,code1 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 any handbook or manual affecting employee labor relations with the ,united ,states ,postal ,service1 or any collective bargaining agreement4 7e7 ,there are authorized to be appropriated1 out of the ,postal ,service ,fund1 such sums as may be necessary for the ,office of ,inspector ,general of the ,united ,states ,postal ,service4 2 and 7#c7 in section #ab-- 7,a7 in paragraph 7#a71 by striking or the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code and inserting the ,federal ,cochairpersons of the ,commissions established under section #aecja of title #dj1 ,united ,states ,code2 or the ,board of ,governors of the ,united ,states ,postal ,service2 and 7,b7 in paragraph 7#b71 by striking or the ,commissions established under section #aecja of title #dj1 ,united ,states ,code and inserting the ,commissions established under section #aecja of title #dj1 ,united ,states ,code1 or the ,united ,states ,postal ,service4 7b7 ,technical and conforming amendments ,title #ci1 ,united ,states ,code1 is amended-- 7#a7 in section #ajb7d71 by striking section #bjb7;e7 of this title and inserting section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 7#b7 in section #ajja7;b71 in the first sentence1 by inserting 1 and section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 after #ajja7;c7 of this title2 and 7#c7 in section #ajje7;a77#c71 by inserting 1 and section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 after #ajja7;c7 of this title4 7c7 ,applicability 7#a7 ,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 ,act4 7#b7 ,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 ,act4 ,v ,federal ,employees' ,compensation ,act #eja4 ,short title2 references 7a7 ,short title ,this title may be cited as the ,workers' ,compensation ,reform ,act of #bjac4 7b7 ,references ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #e1 ,united ,states ,code4 #ejb4 ,federal workers compensation reforms for retirement-age employees 7a7 ,conversion of entitlement at retirement age 7#a7 ,definitions ,section #haja is amended-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 in paragraph 7#ai71 by striking and at the end2 7,c7 in paragraph 7#bj71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#ba7 retirement age has the meaning given that term under section #baf7l77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #daf7l77#a772 7#bb7 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 #bjac2 7#bc7 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 #bjac2 and 7#bd7 individual who has an exempt disability condition means an individual-- 7,a7 who-- 7i7 is eligible to receive continuous periodic compensation for total disability under section #haje on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac2 and 7ii7 meets the criteria under section #haje7;c72 7,b7 who1 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac-- 7i7 is eligible to receive continuous periodic compensation for total disability under section #haje2 and 7ii7 has sustained a currently irreversible severe mental or physical disability for which the ,secretary of ,labor has authorized1 for at least the #a-year period ending on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 constant in-home care or custodial care1 such as placement in a nursing home2 or 7,c7 who is eligible to receive continuous periodic compensation for total disability under section #haje-- 7i7 for not less than the #c-year period ending on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac2 or 7ii7 if the individual became eligible to receive continuous periodic compensation for total disability under section #haje during the period beginning on the date that is #c years before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac and ending on such date of enactment1 for not less than the #c-year period beginning on the date on which the individual became eligible4 4 7#b7 ,total disability ,section #haje is amended-- 7,a7 in subsection 7a71 by striking ,if and inserting ,in general4--,subject to subsection 7b71 if2 7,b7 by redesignating subsection 7b7 as subsection 7c72 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,conversion of entitlement at retirement age 7#a7 ,in general ,except as provided in paragraph 7#b71 the basic compensation for total disability for an employee who has attained retirement age shall be #ej percent of the monthly pay of the employee4 7#b7 ,exceptions 7,a7 ,covered recipients who are retirement age1 have an exempt disability condition1 or face financial hardship ,paragraph 7#a7 shall not apply to a covered claim for total disability by an employee if the employee-- 7i7 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 has attained retirement age2 7ii7 is an individual who has an exempt disability condition2 or 7iii7 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 #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7 7not including any provisions permitting eligibility due to benefits received under any other law7 if the basic compensation for total disability of the employee were provided in accordance with paragraph 7#a74 7,b7 ,transition period for certain employees ,for a covered claim for total disability by an employee who is not an employee described in subparagraph 7,a71 the employee shall receive the basic compensation for total disability provided under subsection 7a7 until the later of-- 7i7 the date on which the employee attains retirement age2 and 7ii7 the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac4 4 7#c7 ,partial disability ,section #hajf is amended-- 7,a7 in subsection 7a71 by striking ,if and inserting ,in general4--,subject to subsection 7b71 if2 7,b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,conversion of entitlement at retirement age 7#a7 ,in general ,except as provided in paragraph 7#b71 the basic compensation for partial disability for an employee who has attained retirement age shall be #ej 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 disability4 7#b7 ,exceptions 7,a7 ,covered recipients who are retirement age or face financial hardship ,paragraph 7#a7 shall not apply to a covered claim for partial disability by an employee if the employee-- 7i7 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 has attained retirement age2 or 7ii7 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 #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7 7not including any provisions permitting eligibility due to benefits received under any other law7 if the basic compensation for total disability of the employee were provided in accordance with paragraph 7#a74 7,b7 ,transition period for certain employees ,for a covered claim for partial disability by an employee who is not an employee described in subparagraph 7,a71 the employee shall receive basic compensation for partial disability in accordance with subsection 7a7 until the later of-- 7i7 the date on which the employee attains retirement age2 and 7ii7 the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac4 4 #ejc4 ,augmented compensation for dependents 7a7 ,in general ,section #haaj is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,termination of augmented compensation 7#a7 ,in general ,subject to paragraph 7#b71 augmented compensation for dependants under subsection 7c7 shall not be provided4 7#b7 ,exceptions 7,a7 ,total disability ,for a covered claim for total disability by an employee-- 7i7 the employee shall receive augmented compensation under subsection 7c7 if the employee is an individual who has an exempt disability condition2 and 7ii7 the employee shall receive augmented compensation under subsection 7c7 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac if the employee is not an employee described in clause 7i74 7,b7 ,partial disability ,for a covered claim for partial disability by an employee1 the employee shall receive augmented compensation under subsection 7c7 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac4 7,c7 ,permanent disability compensated by a schedule ,for a claim for a permanent disability described in section #hajg7;a7 by an employee that commenced before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 the employee shall receive augmented compensation under subsection 7c74 4 7b7 ,maximum and minimum monthly payments ,section #haab is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting subsections 7b7 and 7c7 and before section #hach2 7,b7 by striking including augmented compensation under section #haaj of this title but2 and 7,c7 by striking #ge percent each place it appears and inserting #ffb_/c percent2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,exceptions 7#a7 ,covered disability condition ,for a covered claim for total disability by an employee1 if the employee is an individual who has an exempt disability condition-- 7,a7 the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection 7a7 shall include any augmented compensation under section #haaj2 and 7,b7 subsection 7a7 shall be applied by substituting #ge percent for #ffb_/c percent each place it appears4 7#b7 ,partial disability ,for a covered claim for partial disability by an employee1 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac-- 7,a7 the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection 7a7 shall include any augmented compensation under section #haaj2 and 7,b7 subsection 7a7 shall be applied by substituting #ge percent for #ffb_/c percent each place it appears4 2 and 7#d7 in subsection 7c71 as redesignated by paragraph 7#b71 by striking subsection 7a7 and inserting subsections 7a7 and 7b74 7c7 ,death benefits generally ,section #hacc is amended-- 7#a7 in subsections 7a7 and 7e71 by striking #ge percent each place it appears and inserting #ffb_/c percent 7except as provided in subsection 7g772 and 7#b7 by adding at the end the following3 7g7 ,if the death occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 subsections 7a7 and 7e7 shall be applied by substituting #ge percent for #ffb_/c percent each place it appears4 4 7d7 ,death benefits for civil air patrol volunteers ,section #hada is amended-- 7#a7 in subsection 7b77#b77;,b7 by striking #ge percent and inserting #ffb_/c percent 7except as provided in subsection 7c772 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,if the death occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 subsection 7b77#b77;,b7 shall be applied by substituting #ge percent for #ffb_/c percent4 4 #ejd4 ,schedule compensation payments ,section #hajg is amended-- 7#a7 in subsection 7a71 by striking at the rate of #ffb_/c percent of his monthly pay and inserting at the rate specified under subsection 7d72 and 7#b7 by adding at the end the following3 7d7 ,rate for compensation 7#a7 ,annual salary 7,a7 ,in general ,except as provided in paragraph 7#b71 the rate under subsection 7a7 shall be the rate of #ffb_/c percent of the annual salary level established under subparagraph 7,b71 in a lump sum equal to the present value 7as calculated under subparagraph 7,c77 of the amount of compensation payable under the schedule4 7,b7 ,establishment 7i7 ,in general ,the ,secretary of ,labor shall establish an annual salary for purposes of subparagraph 7,a7 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 #ejd of the ,workers' ,compensation ,reform ,act of #bjac had not been enacted4 7ii7 ,cost of living adjustment ,the annual salary established under clause 7i7 shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent4 7,c7 ,present value ,the ,secretary of ,labor shall calculate the present value for purposes of subparagraph 7,a7 using a rate of interest equal to the average market yield for outstanding marketable obligations of the ,united ,states with a maturity of #b years on the first business day of the month in which the compensation is paid or1 in the event that such marketable obligations are not being issued on such date1 at an equivalent rate selected by the ,secretary of ,labor1 true discount compounded annually4 7#b7 ,certain injuries ,for an injury that occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 the rate under subsection 7a7 shall be #ffb_/c percent of the employee's monthly pay4 7e7 ,simultaneous receipt 7#a7 ,total disability ,an employee who receives compensation for total disability under section #haje 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-- 7,a7 the date on which the basic compensation for total disability of the employee becomes #ej percent of the monthly pay of the employee under section #haje7;b72 or 7,b7 the date on which augmented compensation of the employee terminates under section #haaj7;b77#b77;,a77ii71 if the employee receives such compensation4 7#b7 ,partial disability ,an employee who receives benefits for partial disability under section #hajf 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-- 7,a7 the date on which the basic compensation for partial disability of the employee becomes #ej 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 #hajf7;b72 or 7,b7 the date on which augmented compensation of the employee terminates under section #haaj7;b77#b77;,b71 if the employee receives such compensation4 4 #eje4 ,vocational rehabilitation 7a7 ,in general ,section #hajd is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a7 ,the ,secretary of ,labor may and all that follows through undergo vocational rehabilitation4 and inserting the following3 7a7 ,in general 7#a7 ,direction ,except as provided in paragraph 7#b71 not earlier than the date that is #f months after the date on which an individual eligible for wage-loss compensation under section #haje or #hajf is injured1 or by such other date as the ,secretary of ,labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation1 and if vocational rehabilitation may enable the individual to become capable of more gainful employment1 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 individual4 2 7,b7 by striking the ,secretary of ,health1 ,education1 and ,welfare in carrying out the purposes of chapter #d of title #bi and inserting the ,secretary of ,education in carrying out the purposes of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7,c7 by striking under section #cb7;b77#a7 of title #bi and inserting under section #e of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gjd72 and 7,d7 by adding at the end the following3 7#b7 ,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 rehabilitation4 2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,contents of return to work plan ,a return to work plan developed under subsection 7a7-- 7#a7 shall-- 7,a7 set forth specific measures designed to increase the wage-earning capacity of an individual2 7,b7 take into account the prior training and education of the individual and the training1 educational1 and employment opportunities reasonably available to the individual2 and 7,c7 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 individual2 7#b7 may provide that the ,secretary will pay out of amounts in the ,employees' ,compensation ,fund reasonable expenses of vocational rehabilitation 7which may include tuition1 books1 training fees1 supplies1 equipment1 and child or dependent care7 during the course of the plan2 and 7#c7 may not be for a period of more than #b years1 unless the ,secretary finds good cause to grant an extension1 which may be for not more than #b years4 2 7#d7 in subsection 7c71 as so redesignated-- 7,a7 by inserting ,compensation4-- before ,notwithstanding2 and 7,b7 by striking 1 other than employment undertaken pursuant to such rehabilitation2 and 7#e7 by adding at the end the following3 7d7 ,assisted reemployment agreements 7#a7 ,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 #haje or #hajf to enable the individual to return to productive employment4 7#b7 ,contents ,an assisted reemployment agreement under paragraph 7#a7-- 7,a7 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 #ajj percent of the compensation the individual would otherwise receive under section #haje or #hajf2 and 7,b7 may not be for a period of more than #c years4 7e7 ,list ,to facilitate the hiring of individuals eligible for wage-loss compensation under section #haje or #hajf1 the ,secretary shall provide a list of such individuals to the ,office of ,personnel ,management1 which the ,office of ,personnel ,management shall provide to all agencies and instrumentalities of the ,federal ,government4 4 7b7 ,employees' ,compensation ,fund ,section #hadg is amended by adding at the end3 7d7 ,notwithstanding subsection 7b71 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 injury1 consequential injury1 aggravation of injury1 or increase in percentage of impairment to a member for which compensation is provided under the schedule under section #hajg 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 #hajd7;d7 shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection 7b7 if the injury was originally incurred in a position not covered by an assisted reemployment agreement4 4 7c7 ,termination of vocational rehabilitation requirement after retirement age ,section #haac7;b7 is amended by adding at the end the following3 ,an individual who has attained retirement age may not be required to undergo vocational rehabilitation44 7d7 ,mandatory benefit reduction for noncompliance ,section #haac7;b7 is amended by striking may reduce and inserting shall reduce4 7e7 ,technical and conforming amendments 7#a7 ,in general ,subchapter ,,iii of chapter #ae of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #aech4 ,authorization for assisted reemployment ,funds may be transferred from the ,employees' ,compensation ,fund established under section #hadg of title #e 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 #hajd of title #e4 4 7#b7 ,table of sections ,the table of sections for chapter #ae of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #aecg the following3 #aech4 ,authorization for assisted reemployment4 4 #ejf4 ,reporting requirements 7a7 ,in general ,chapter #ha is amended by inserting after section #hajf the following3 #hajf;a4 ,reporting requirements 7a7 ,definition ,in this section1 the term employee receiving compensation means an employee who-- 7#a7 is paid compensation under section #haje or #hajf2 and 7#b7 has not attained retirement age4 7b7 ,authority ,the ,secretary of ,labor shall require an employee receiving compensation to report the earnings of the employee receiving compensation from employment or self-employment1 by affidavit or otherwise1 in the manner and at the times the ,secretary specifies4 7c7 ,contents ,an employee receiving compensation shall include in a report required under subsection 7a7 the value of housing1 board1 lodging1 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 estimated4 7d7 ,failure ,to report and false reports 7#a7 ,in general ,an employee receiving compensation who fails to make an affidavit or other report required under subsection 7b7 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 required4 7#b7 ,forfeited compensation ,compensation forfeited under this subsection1 if already paid to the employee receiving compensation1 shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section #habi1 unless recovery is waived under that section4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #ha is amended by inserting after the item relating to section #hajf the following3 #hajf;a4 ,reporting requirements4 4 #ejg4 ,disability management review2 independent medical examinations ,section #habc is amended by adding at the end the following3 7e7 ,disability management review 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered employee means an employee who is in continuous receipt of compensation for total disability under section #haje for a period of not less than #f months2 and 7,b7 the term disability management review process means the disability management review process established under paragraph 7#b77;,a74 7#b7 ,establishment ,the ,secretary of ,labor shall-- 7,a7 establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee2 and 7,b7 promulgate regulations for the administration of the disability management review process4 7#c7 ,physical examinations required ,under the disability management review process1 the ,secretary of ,labor shall periodically require covered employees to submit to physical examinations under subsection 7a7 by physicians selected by the ,secretary4 ,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 employee4 7#d7 ,frequency 7,a7 ,in general ,the regulations promulgated under paragraph 7#b77;,b7 shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee4 7,b7 ,minimum frequency 7i7 ,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 #hjae for #f months4 7ii7 ,subsequent examinations ,after the initial physical examination1 physical examinations of a covered employee shall be conducted not less than once every #c years4 7#e7 ,employing agency or instrumentality requests 7,a7 ,in general ,the agency or instrumentality employing an employee who has made a claim for compensation for total disability under section #haje 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 subsection4 7,b7 ,requesting officer ,a request under subparagraph 7,a7 shall be made on behalf of an agency or instrumentality by-- 7i7 the head of the agency or instrumentality2 7ii7 the ,chief ,human ,capital ,officer of the agency or instrumentality2 or 7iii7 if the agency or instrumentality does not have a ,chief ,human ,capital ,officer1 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 paragraph4 7,c7 ,information ,a request under subparagraph 7,a7 shall be in writing and accompanied by-- 7i7 a certification by the officer making the request that the officer has reviewed the relevant material in the employee's file2 7ii7 an explanation of why the officer has determined1 based on the materials in the file and other information known to the officer1 that requiring a physical examination of the employee under this subsection is necessary2 and 7iii7 copies of the materials relating to the employee that are relevant to the officer's determination and request1 unless the agency or instrumentality has a reasonable basis for not providing the materials4 7,d7 ,examination ,if the ,secretary of ,labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph 7#d77;,b77i71 the ,secretary shall promptly require the physical examination of the employee4 ,a physical examination under this subparagraph shall satisfy the requirement under paragraph 7#d77;,b77i7 that an initial physical examination be conducted4 7,e7 ,after initial examination 7i7 ,in general ,if the ,secretary of ,labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph 7#d77;,b77i71 the ,secretary shall-- 7,i7 review the request and the information1 explanation1 and other materials submitted with the request2 and 7,,ii7 determine whether to require the physical examination of the employee who is the subject of the request4 7ii7 ,not granted ,if the ,secretary determines not to grant a request described in clause 7i71 the ,secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied4 4 #ejh4 ,waiting period 7a7 ,in general ,section #haag is amended-- 7#a7 in the section heading1 by striking ,time of accrual of right and inserting ,waiting period2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,an employee and all that follows through is not entitled and inserting ,in general4--,an employee is not entitled to continuation of pay within the meaning of section #haah for the first #c days of temporary disability or1 if section #haah does not apply1 is not entitled2 7,b7 in paragraph 7#a71 by adding or at the end2 7,c7 by striking paragraph 7#b72 and 7,d7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#c7 in subsection 7b7-- 7,a7 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 leave4--,an2 7,b7 by striking that #c-;day period and inserting the first #c days of temporary disability2 and 7,c7 by striking or is followed by permanent disability4 7b7 ,continuation of pay ,section #haah is amended-- 7#a7 in the section heading1 by striking 2 election to use annual or sick leave2 7#b7 in subsection 7b77#a71 by striking section #haag7;b7 and inserting section #haag2 7#c7 by striking subsection 7c72 and 7#d7 by redesignating subsection 7d7 as subsection 7c74 7c7 ,technical and conforming amendments ,the table of sections for chapter #ha is amended by striking the items relating to sections #haag and #haah and inserting the following3 #haag4 ,waiting period4#haah4 ,continuation of pay4 4 #eji4 ,election of benefits 7a7 ,in general ,section #haaf is amended by adding at the end the following3 7e7 ,retirement benefits 7#a7 ,in general ,an individual entitled to compensation benefits payable under this subchapter and under chapter #hc or #hd or any other retirement system for employees of the ,government1 for the same period1 shall elect which benefits the individual will receive4 7#b7 ,election 7,a7 ,deadline ,an individual shall make an election under paragraph 7#a7 in accordance with such deadlines as the ,secretary of ,labor shall establish1 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 subchapter4 7,b7 ,revocability ,an election under paragraph 7#a7 shall be revocable1 notwithstanding any other provision of law1 except for any period during which an individual-- 7i7 was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph 7#a72 and 7ii7 was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter4 7#c7 ,informed choice ,the ,secretary of ,labor shall provide information1 and shall ensure that information is provided1 to an individual described in paragraph 7#a7 about the benefits available to the individual under this subchapter or under chapter #hc or #hd or any other retirement system referred to in paragraph 7#a7 the individual may elect to receive4 4 7b7 ,technical and conforming amendments ,sections #hccg7;f77#c7 and #hdfd;a7a77#c7 are each amended by striking ,paragraphs and inserting ,except as provided under chapter #ha1 paragraphs4 #eaj4 ,sanction for noncooperation with field nurses ,section #habc1 as amended by section #ejg1 is amended by adding at the end the following3 7f7 ,field nurses 7#a7 ,definition ,in this subsection1 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 care4 7#b7 ,authorization ,the ,secretary may use field nurses to coordinate medical services and vocational rehabilitation programs for injured employees under this subchapter4 ,if an employee refuses to cooperate with a field nurse or obstructs a field nurse in the performance of duties under this subchapter1 the right to compensation under this subchapter shall be suspended until the refusal or obstruction stops4 4 #eaa4 ,subrogation of continuation of pay 7a7 ,in general ,section #haca is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting continuation of pay or before compensation2 7#b7 in subsection 7b71 by inserting continuation of pay or before compensation2 and 7#c7 in subsection 7c7-- 7,a7 by inserting continuation of pay or before compensation already paid2 and 7,b7 by inserting 8continuation of pay or0 before compensation payable4 7b7 ,adjustment after recovery from a third person ,section #hacb is amended-- 7#a7 in the first sentence-- 7,a7 by inserting continuation of pay or before compensation is payable2 7,b7 by inserting continuation of pay or before compensation from the ,united ,states2 7,c7 by striking by him or in his behalf and inserting by the beneficiary or on behalf of the beneficiary2 7,d7 by inserting continuation of pay and before compensation paid by the ,united ,states2 and 7,e7 by striking compensation payable to him and inserting continuation of pay or compensation payable to the beneficiary2 7#b7 in the second sentence1 by striking his designee and inserting the designee of the beneficiary2 and 7#c7 in the fourth sentence1 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 beneficiary1 the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the ,united ,states4 7c7 ,effective date ,this section and the amendments made by this section shall take effect on the date of enactment of this ,act4 #eab4 ,integrity and compliance 7a7 ,in general ,subchapter ,i of chapter #ha is amended by adding at the end the following3 #haec4 ,integrity and ,compliance ,program 7a7 ,definitions ,in this section-- 7#a7 the term ,,feca program means the ,federal ,employees ,compensation ,program administered under this subchapter2 7#b7 the term improper payment has the meaning given that term in section #b7;g7 of the ,improper ,payments ,information ,act of #bjjb 7#ca ,u4,s4,c4 #ccba note72 7#c7 the term ,inspector ,general-- 7,a7 means an ,inspector ,general described in subparagraph 7,a71 7,b71 or 7,i7 of section #aa7;b77#a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,b7 does not include the ,inspector ,general of an entity having no employees covered under the ,,feca program2 7#d7 the term ,integrity and ,compliance ,program means the ,integrity and ,compliance ,program established under subsection 7b72 7#e7 the term provider means a provider of medical or other services under the ,,feca program2 7#f7 the term ,secretary means the ,secretary of ,labor2 and 7#g7 the term ,task ,force means the ,,feca ,integrity and ,compliance ,task ,force established under subsection 7c77#b77;,a74 7b7 ,integrity and compliance program ,not later than #bgj days after the date of enactment of this section1 the ,secretary shall establish an ,integrity and ,compliance ,program for the purpose of preventing1 identifying1 and recovering fraudulent and other improper payments for the ,,feca program1 which shall include-- 7#a7 procedures for identifying potentially improper payments before payment is made to claimants and providers1 including1 where appropriate1 predictive analytics2 7#b7 reviews after payment is made to identify potentially improper payments to claimants and providers2 7#c7 on-going screening and verification procedures to ensure the continued eligibility of medical providers to provide services under the ,,feca program1 including licensure1 ,federal disbarment1 and the existence of relevant criminal convictions2 7#d7 provision of appropriate information1 education1 and training to claimants and providers on requirements to ensure the integrity of the ,,feca program1 including payments under the ,,feca program2 7#e7 appropriate controls and audits to ensure that providers adopt internal controls and procedures for compliance with requirements under the ,,feca program2 7#f7 procedures to ensure-- 7,a7 initial and continuing eligibility of claimants for compensation1 benefits1 or services under the ,,feca program2 and 7,b7 ongoing verification of information in databases relating to claimants to ensure accuracy and completeness2 and 7#g7 sharing and accessing data and information with other agencies and instrumentalities of the ,united ,states1 including the ,united ,states ,postal ,service4 7c7 ,interagency cooperation on anti-,fraud efforts 7#a7 ,in general ,in administering the ,,feca program1 including the ,integrity and ,compliance ,program1 the ,secretary shall cooperate with other agencies and instrumentalities of the ,united ,states 7including the ,united ,states ,postal ,service7 and the ,inspectors ,general of such agencies and instrumentalities to prevent1 identify1 and recover fraudulent and other improper payments under the ,,feca program4 7#b7 ,task force 7,a7 ,in general ,there is established a task force1 which shall be known as the ,,feca ,integrity and ,compliance ,task ,force4 7,b7 ,membership ,the members of the ,task ,force shall be-- 7i7 the ,secretary1 who shall serve as the ,chairperson of the ,task ,force2 7ii7 the ,postmaster ,general1 who shall serve as the ,vice ,chairperson of the ,task ,force2 7iii7 the ,attorney ,general2 7iv7 the ,director of the ,office of ,management and ,budget2 and 7v7 other appropriate ,federal officials1 as determined by the ,chairperson and ,vice ,chairperson of the ,task ,force4 7,c7 ,advisory members ,the following officials shall attend meetings of the ,task ,force and participate as ad hoc1 advisory members1 to provide technical assistance and guidance to the ,task ,force with respect to the duties of the ,task ,force3 7i7 ,the ,inspector ,general of the ,department of ,labor4 7ii7 ,the ,inspector ,general of the ,united ,states ,postal ,service4 7iii7 ,the ,inspectors ,general of other appropriate agencies and instrumentalities of the ,united ,states that employ a significant number of individuals receiving compensation1 benefits1 or services under the ,,feca program1 as determined by the ,chairperson of the ,task ,force4 7,d7 ,duties ,the ,task ,force shall-- 7i7 set forth1 in writing1 a description of the respective roles and responsibilities in preventing1 identifying1 recovering1 and prosecuting fraud under1 and otherwise ensuring integrity and compliance of1 the ,,feca program of-- 7,i7 the ,secretary 7including subordinate officials such as the ,director of the ,office of ,workers' ,compensation ,programs72 7,,ii7 the ,inspector ,general of the ,department of ,labor2 7,,iii7 the ,inspectors ,general of agencies and instrumentalities of the ,united ,states that employ claimants under the ,,feca program2 7,,iv7 the ,attorney ,general2 and 7,v7 any other relevant officials2 7ii7 develop procedures for sharing information of possible fraud under the ,,feca program or other intentional misstatements by claimants or providers under the ,,feca program1 including procedures addressing-- 7,i7 notification of appropriate officials of the ,department of ,labor of potential fraud or other intentional misstatements1 including provision of supporting information2 7,,ii7 timely and appropriate response by officials of the ,department of ,labor to notifications described in subclause 7,i72 7,,iii7 the inclusion of information and evidence relating to fraud and other intentional misstatements in criminal1 civil1 and administrative proceedings relating to the provision of compensation1 benefits1 or medical services 7including payments to providers7 under the ,,feca program2 7,,iv7 the coordination of criminal investigations with the administration of the ,,feca program2 and 7,v7 the protection of information relating to an investigation of possible fraud under the ,,feca program from potential disclosure1 including requirements that enable investigative files to be appropriately separated from case management files2 and 7iii7 not later than #a year after the date of enactment of this section1 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 7i7 and 7ii74 7#c7 ,rule of construction ,nothing in this subsection shall be construed to limit or restrict any authority of an ,inspector ,general4 7d7 ,improvements to access of ,federal databases 7#a7 ,in general ,in order to improve compliance with the requirements under and the integrity of the ,,feca program1 or as required to otherwise detect and prevent improper payments under the ,,feca program 7including for purposes of computer matching under subsection 7e77#a77;,d771 upon written request-- 7,a7 the ,commissioner of ,social ,security shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the ,social ,security earnings information of a living or deceased employee2 7,b7 the ,director of the ,office of ,personnel ,management shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the information in the databases of ,federal employees and retirees maintained by the ,director2 and 7,c7 the ,secretary of ,veterans ,affairs shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the information in the database of disabled individuals maintained by the ,secretary of ,veterans ,affairs4 7#b7 ,national directory of new hires ,upon written request1 the ,secretary of ,health and ,human ,services shall make available to the ,secretary1 the ,postmaster ,general1 each ,inspector ,general1 and the ,comptroller ,general of the ,united ,states the information in the ,national ,directory of ,new ,hires for purposes of carrying out this subchapter1 in order to improve compliance with the requirements under and the integrity of the ,,feca program1 or as required to otherwise detect and prevent improper payments under the ,,feca program 7including for purposes of computer matching under subsection 7e77#a77;,d774 ,the ,comptroller ,general may obtain information from the ,national ,directory of ,new ,hires for purposes of any audit1 evaluation1 or investigation1 including any audit1 evaluation1 or investigation relating to program integrity4 7#c7 ,procedures ,the ,secretary shall establish procedures for correlating the identity and status of recipients of compensation1 benefits1 or services under this subchapter with ,social ,security earnings information described in paragraph 7#a77;,a74 7#d7 ,provision ,information requested under this subsection shall be provided-- 7,a7 in a timely manner2 7,b7 at a reasonable cost to the ,secretary1 the ,postmaster ,general1 or an ,inspector ,general2 7,c7 without cost to the ,comptroller ,general of the ,united ,states2 and 7,d7 in the manner1 frequency1 and form reasonably specified by the officer making the request1 which1 upon request1 shall include electronic form4 7#e7 ,assessment of data cost-effectiveness 7,a7 ,in general ,the ,secretary shall consider and assess procedures for correlating the identity and status of recipients of compensation1 benefits1 or services under this subchapter with information relating to employees1 retirees1 and individuals described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 and paragraph 7#b74 7,b7 ,report ,not later than #a year after the date of enactment of this section1 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 7,b7 and 7,c7 of paragraph 7#a7 and paragraph 7#b7 for program compliance and integrity4 ,the report required under this subparagraph may be included as part of the report required under subsection 7f74 7#f7 ,united ,states postal service ,,feca enrollee database ,not later than #ahj days after the date of enactment of this section1 in order to track1 verify1 and communicate with the ,secretary and other relevant entities1 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 compensation1 benefits1 or services under this subchapter4 7#g7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of the ,comptroller ,general of the ,united ,states under section #gaf of title #ca4 7e7 ,general protocols and security 7#a7 ,establishment 7,a7 ,in general ,in order to ensure strong information security and privacy standards1 the ,task ,force shall establish protocols for the secure transfer and storage of any information provided to an individual or entity under this section4 7,b7 ,considerations ,in establishing protocols under subparagraph 7,a71 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 information1 and to comply with privacy laws and best practices4 7,c7 ,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 compensation1 benefits1 or services under the ,,feca program4 7,d7 ,computer matching by federal agencies for purposes of investigation and prevention of improper payments and fraud 7i7 ,in general ,except as provided in this subparagraph1 in accordance with section #eeb;a 7commonly known as the ,privacy ,act of #aigd71 the ,secretary1 the ,postmaster ,general1 each ,inspector ,general1 and the head of each agency may enter into computer matching agreements that allow ongoing data matching 7which shall include automated data matching7 in order to assist in the detection and prevention of improper payments under the ,,feca program4 7ii7 ,review ,not later than #fj days after a proposal for an agreement under clause 7i7 has been presented to a ,data ,integrity ,board established under section #eeb;a7u7 for consideration1 the ,data ,integrity ,board shall approve or deny the agreement4 7iii7 ,termination date ,an agreement under clause 7i7-- 7,i7 shall have a termination date of less than #c years2 and 7,,ii7 during the #c-month period ending on the date on which the agreement is scheduled to terminate1 may be renewed by the agencies entering the agreement for not more than #c years4 7iv7 ,multiple agencies ,for purposes of this subparagraph1 section #eeb;a7o77#a7 shall be applied by substituting between the source agency and the recipient agency or non-,federal agency or an agreement governing multiple agencies' for #8between the source agency and the recipient agency or non-,federal agency in the matter preceding subparagraph 7,a74 7v7 ,cost-benefit analysis ,an agreement under clause 7i7 may be entered without regard to section #eeb;a7o77#a77;,b71 relating to a cost-benefit analysis of the proposed matching program4 7vi7 ,guidance by the office of management and budget ,not later than #f months after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjac1 and in consultation with the ,council of ,inspectors ,general on ,integrity and ,efficiency1 the ,secretary of ,health and ,human ,services1 the ,commissioner of ,social ,security1 and the head of any other relevant agency1 the ,director of the ,office of ,management and ,budget shall-- 7,i7 issue guidance for agencies regarding implementing this subparagraph1 which shall include standards for reimbursement costs1 when necessary1 between agencies2 and 7,,ii7 establish standards and develop standard matching agreements for the purpose of improving the process for establishing data use or computer matching agreements4 7#b7 ,compliance ,the ,secretary1 the ,postmaster ,general1 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 7#a74 7#c7 ,rule of construction ,nothing in this section shall be construed to affect the rights of an individual under section #eeb;a7p74 7f7 ,report ,not later than #a year after the date of enactment of this section1 and annually thereafter for #e years1 the ,secretary shall submit a report on the activities of the ,secretary under this section1 including implementation of the ,integrity and ,compliance ,program1 to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,oversight and ,government ,reform and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7g7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct periodic reviews of the ,integrity and ,compliance ,program2 and 7#b7 submit reports on the results of the reviews under paragraph 7#a7 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-- 7,a7 #b years after the date of enactment of this section2 and 7,b7 #c years after submission of the report under subparagraph 7,a74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ha is amended by inserting after the item relating to section #haeb the following3 #haec4 ,integrity and ,compliance ,program4 4 7c7 ,effective date ,this section and the amendments made by this section shall take effect on the date of enactment of this ,act4 #eac4 ,amount of compensation 7a7 ,injuries to face1 head1 and neck ,section #hajg7;c77#ba7 is amended-- 7#a7 by striking not to exceed #c1ejj and inserting in proportion to the severity of the disfigurement1 not to exceed #ej1jjj12 and 7#b7 by adding at the end the following3 ,the maximum amount of compensation under this paragraph shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent44 7b7 ,funeral expenses ,section #hacd7;a7 is amended-- 7#a7 by striking #hjj and inserting #f1jjj2 and 7#b7 by adding at the end the following3 ,the maximum amount of compensation under this subsection shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent44 7c7 ,application ,the amendments made by this section shall apply to injuries or deaths1 respectively1 occurring on or after the date of enactment of this ,act4 #ead4 ,terrorism injuries2 zones of armed conflict 7a7 ,covering terrorism injuries ,section #hajb7;b7 is amended in the matter preceding paragraph 7#a7-- 7#a7 by inserting or from an attack by a terrorist or terrorist organization1 either known or unknown1 after force or individual12 and 7#b7 by striking outside and all that follows through #aigi7 and inserting outside of the ,united ,states4 7b7 ,continuation of pay in a zone of armed conflict ,section #haah1 as amended by section #ejh7;b7 of this ,act1 is amended-- 7#a7 in subsection 7b71 by striking ,continuation and inserting ,except as provided under subsection 7d77#b71 continuation2 7#b7 in subsection 7c71 as redesignated by section #ejh7;b77#d7 of this ,act1 by striking subsection 7a7 and inserting subsection 7a7 or 7d72 and 7#c7 inserting before subsection 7e7 the following3 7d7 ,continuation of pay in a zone of armed conflict 7#a7 ,in general ,notwithstanding subsection 7a71 the ,united ,states shall authorize the continuation of pay of an employee described in subparagraph 7,a71 7,c71 7,d71 or 7,f7 of section #haja7a71 who-- 7,a7 files a claim for a period of wage loss due to an injury in performance of duty in a zone of armed conflict 7as determined by the ,secretary of ,labor under paragraph 7#c772 and 7,b7 files the claim for such wage loss benefit with the immediate superior of the employee not later than #de days after the later of-- 7i7 the termination of the assignment of the employee to the zone of armed conflict2 or 7ii7 the return of the employee to the ,united ,states4 7#b7 ,continuation of pay ,notwithstanding subsection 7b71 continuation of pay under this subsection shall be furnished for a period not to exceed #ace days without any break in time or waiting period1 unless controverted under regulations prescribed by the ,secretary of ,labor4 7#c7 ,determination of zones of armed conflict ,for purposes of this subsection1 the ,secretary of ,labor1 in consultation with the ,secretary of ,state and the ,secretary of ,defense1 shall determine whether a foreign country or other foreign geographic area outside of the ,united ,states 7as defined in section #bjb7;a77#g7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #dcjb7;a77#g77 is a zone of armed conflict based on whether-- 7,a7 the ,armed ,forces of the ,united ,states are involved in hostilities in the country or area2 7,b7 the incidence of civil insurrection1 civil war1 terrorism1 or wartime conditions threatens physical harm or imminent danger to the health or well-being of ,united ,states civilian employees in the country or area2 7,c7 the country or area has been designated a combat zone by the ,president under section #aab7;c7 of the ,internal ,revenue ,code of #aihf2 7,d7 a contingency operation involving combat operations directly affects civilian employees in the country or area2 or 7,e7 there exist other relevant conditions and factors4 4 #eae4 ,technical and conforming amendments ,chapter #ha is amended-- 7#a7 in section #haja7a77;,d71 by inserting for an injury that occurred before the effective date of section #bjd7;e7 of the ,district of ,columbia ,self-,government and ,governmental ,reorganization ,act 7,public ,law #ic-aih2 #hg ,stat4 #ghc2 #e ,u4,s4,c4 #haja note7 before the semicolon2 7#b7 in section #haci1 by inserting under this subchapter after ,compensation awarded2 and 7#c7 in section #hadh7;a71 by striking section #hajf and inserting section #hajf;a4 #eaf4 ,regulations 7a7 ,in general ,as soon as possible after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate regulations 7which may include interim final regulations7 to carry out this title4 7b7 ,contents ,the regulations promulgated under subsection 7a7 shall include1 for purposes of the amendments made by sections #ejb and #ejc1 clarification of-- 7#a7 what is a claim2 and 7#b7 what is the date on which a period of disability1 for which a claim is made1 commences4 #eag4 ,effective date ,except as otherwise provided in this title1 this title and the amendments made by this title shall take effect #fj days after the date of enactment of this ,act4 ,,vi ,property management and expedited disposal of real property #fja4 ,short title ,this title may be cited as the ,federal ,real ,property ,asset ,management ,reform ,act of #bjac4 #fjb4 ,purpose ,the purpose of this title is to increase the efficiency and effectiveness of the ,federal ,government in managing real property by-- 7#a7 requiring agencies to maintain an up-to-date inventory of real property2 7#b7 establishing a ,federal ,real ,property ,council to develop guidance on and ensure the implementation of strategies for better managing ,federal real property2 and 7#c7 authorizing a pilot program to expedite the disposal of surplus real property4 #fjc4 ,property management and expedited disposal of real property ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vii ,property management and expedited disposal of real property #fba4 ,definitions ,in this subchapter3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,council ,the term ,council means the ,federal ,real ,property ,council established by section #fbc7;a74 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,disposal ,the term disposal means any action that constitutes the removal of any real property from the ,federal inventory1 including sale1 deed1 demolition1 or exchange4 7#e7 ,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 agency4 7#f7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 or 7,b7 a wholly owned ,government corporation4 7#g7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#h7 ,postal property ,the term postal property means any building owned by the ,united ,states ,postal ,service4 7#i7 ,surplus property 7,a7 ,in general ,the term surplus property means excess real property that is not required to meet the needs or responsibilities of any ,federal agency4 7,b7 ,exclusions ,the term surplus property does not include-- 7i7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7ii7 any property that is excepted from the definition of the term property under section #ajb2 7iii7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7iv7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7v7 any real property the ,director excludes for reasons of national security2 7vi7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,i7 the ,secretary of the ,interior1 acting through-- 7aa7 the ,director of the ,bureau of ,land ,management2 7bb7 the ,director of the ,national ,park ,service2 7cc7 the ,commissioner of ,reclamation2 or 7dd7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,,ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7vii7 any property operated and maintained by the ,united ,states ,postal ,service4 7#aj7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the accountable ,federal agency for program purposes of the ,federal agency2 or 7,b7 for program purposes that can be satisfied only with a portion of the property4 #fbb4 ,duties of ,federal agencies ,each ,federal agency shall-- 7#a7 maintain adequate inventory controls and accountability systems for real property under the control of the ,federal agency2 7#b7 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 property2 7#c7 continuously survey real property under the control of the ,federal agency to identify excess property1 underutilized property1 and other real property suitable to be used for-- 7,a7 colocation with other ,federal agencies2 or 7,b7 consolidation with other facilities2 7#d7 promptly report excess property and underutilized property to the ,administrator2 7#e7 establish goals that will lead the ,federal agency to reduce excess property and underutilized property in the inventory of the ,federal agency2 7#f7 submit to the ,council a report on all excess property and underutilized property in the inventory of the ,federal agency1 including-- 7,a7 whether underutilized property can be better utilized2 and 7,b7 the extent to which the ,federal agency believes that the underutilized property serves the needs of the ,federal agency to retain underutilized property2 7#g7 adopt workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7#h7 assess leased space to identify space that is not fully used or occupied2 7#i7 on an annual basis and subject to the guidance of the ,council-- 7,a7 conduct an inventory of real property under control of the ,federal agency2 and 7,b7 make an assessment of each real property1 which shall include-- 7i7 the age and condition of the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures associated with the property2 7vii7 sustainability metrics associated with the property2 7viii7 the number of ,federal employees and functions housed at the property2 7ix7 the extent to which the mission of the ,federal agency is dependent on the property2 7x7 the estimated amount of capital expenditures projected to maintain and operate the property over each of the next #e years after the date of enactment of this subchapter2 and 7xi7 any additional information required by the ,administrator to carry out section #fbd2 and 7#aj7 provide to the ,council and the ,administrator the information described in paragraph 7#i77;,b7 to be used for the establishment and maintenance of the database described in section #fbd4 #fbc4 ,colocation among ,united ,states ,postal ,service properties 7a7 ,identification of postal property ,each year1 the ,postmaster ,general may-- 7#a7 identify a list of postal properties with space available for use by ,federal agencies2 and 7#b7 submit the list to the ,council4 7b7 ,submission of list of postal properties to ,federal agencies 7#a7 ,in general ,not later than #cj days after the completion of a list under subsection 7a71 the ,council shall provide the list to each ,federal agency4 7#b7 ,review by ,federal agencies ,not later than #ij days after the receipt of the list submitted under paragraph 7#a71 each ,federal agency shall-- 7,a7 review the list2 7,b7 identify real property assets under the control of the ,federal agency2 and 7,c7 recommend colocations if appropriate4 7c7 ,terms of colocation ,on approval of the recommendations under subsection 7b7 by the ,postmaster ,general and the applicable agency head1 the ,federal agency or appropriate landholding entity may work with the ,postmaster ,general to establish appropriate terms of a lease for each postal property4 #fbd4 ,establishment of a ,federal ,real ,property ,council 7a7 ,establishment ,there is established a ,federal ,real ,property ,council4 7b7 ,purpose ,the purpose of the ,council shall be-- 7#a7 to develop guidance and ensure implementation of an efficient and effective real property management strategy2 7#b7 to identify opportunities for the ,federal ,government to better manage real property assets2 and 7#c7 to reduce the costs of managing real property1 including operations1 maintenance1 and security4 7c7 ,composition 7#a7 ,in general ,the ,council shall be composed exclusively of-- 7,a7 the senior real property officers of each ,federal agency2 7,b7 the ,deputy ,director for ,management of the ,office of ,management and ,budget2 7,c7 the ,controller of the ,office of ,management and ,budget2 7,d7 the ,administrator2 and 7,e7 any other full-time or permanent part-time ,federal officials or employees1 as the ,chairperson determines to be necessary4 7#b7 ,chairperson ,the ,deputy ,director for ,management of the ,office of ,management and ,budget shall serve as ,chairperson of the ,council4 7#c7 ,executive ,director 7,a7 ,in general ,the ,chairperson shall designate an ,executive ,director to assist in carrying out the duties of the ,council4 7,b7 ,qualifications2 full-time ,the ,executive ,director shall-- 7i7 be appointed from among individuals who have substantial experience in the areas of commercial real estate and development1 real property management1 and ,federal operations and management2 and 7ii7 serve full time4 7d7 ,meetings 7#a7 ,in general ,the ,council shall meet subject to the call of the ,chairperson4 7#b7 ,minimum ,the ,council shall meet not fewer than #d times each year4 7e7 ,duties ,the ,council1 in consultation with the ,director and the ,administrator1 shall-- 7#a7 not later than #a year after the date of enactment of this subchapter1 establish a real property management plan template1 to be updated annually1 which shall include performance measures1 specific milestones1 measurable savings1 strategies1 and government-wide goals based on the goals established under section #fbb7e7 to reduce surplus property or to achieve better utilization of underutilized property1 and evaluation criteria to determine the effectiveness of real property management that are designed-- 7,a7 to enable ,congress and heads of ,federal agencies to track progress in the achievement of real property management objectives on a government-wide basis2 7,b7 to improve the management of real property2 and 7,c7 to allow for comparison of the performance of ,federal agencies against industry and other public sector agencies in terms of performance2 7#b7 develop standard use rates consistent throughout each category of space and with nongovernmental space use rates2 7#c7 develop a strategy to reduce the reliance of ,federal agencies on leased space for long-term needs if ownership would be less costly2 7#d7 provide guidance on eliminating inefficiencies in the ,federal leasing process2 7#e7 compile a list of real property assets that are field offices that are suitable for colocation with other real property assets2 and 7#f7 not later than #a year after the date of enactment of this subchapter and annually during the #d-year period beginning on the date that is #a year after the date of enactment of this subchapter and ending on the date that is #e years after the date of enactment of this subchapter1 the ,council shall submit to the ,director a report that contains-- 7,a7 a list of the remaining excess property1 surplus property1 and underutilized properties of each ,federal agency2 7,b7 the progress of the ,council toward developing guidance for ,federal agencies to ensure that the assessment required under section #fbb7i77;,b7 is carried out in a uniform manner2 and 7,c7 the progress of ,federal agencies toward achieving the goals established under section #fbb7e74 7f7 ,consultation ,in carrying out the duties described in subsection 7e71 the ,council shall also consult with representatives of-- 7#a7 ,state1 local1 tribal authorities1 and affected communities2 and 7#b7 appropriate private sector entities and nongovernmental organizations that have expertise in areas of-- 7,a7 commercial real estate and development2 7,b7 government management and operations2 7,c7 space planning2 7,d7 community development1 including transportation and planning2 and 7,e7 historic preservation4 7g7 ,council resources ,the ,director and the ,administrator shall provide staffing1 and administrative support for the ,council1 as appropriate4 #fbe4 ,federal real property inventory and database 7a7 ,in general ,not later than #a year after the date of enactment of this subchapter1 the ,administrator shall establish and maintain a single1 comprehensive1 and descriptive database of all real property under the custody and control of all ,federal agencies4 7b7 ,contents ,the database shall include-- 7#a7 information provided to the ,administrator under section #fbb7i77;,b72 and 7#b7 a list of real property disposals completed1 including-- 7,a7 the date and disposal method used for each real property2 7,b7 the proceeds obtained from the disposal of each real property2 7,c7 the amount of time required to dispose of the real property1 including the date on which the real property is designated as excess property2 7,d7 the date on which the property is designated as surplus property and the date on which the property is disposed2 and 7,e7 all costs associated with the disposal4 7c7 ,accessibility 7#a7 ,committees ,the database established under subsection 7a7 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 ,representatives4 7#b7 ,general public ,not later than #c years after the date of enactment of this subchapter and to the extent consistent with national security1 the ,administrator shall make the database established under subsection 7a7 accessible to the public at no cost through the website of the ,general ,services ,administration4 #fbf4 ,limitation on certain leasing authorities 7a7 ,in general ,except as provided in subsection 7b71 not later than ,december #ca of each year following the date of enactment of this subchapter1 a ,federal agency with independent leasing authority shall submit to the ,council a list of all leases1 including operating leases1 in effect on the date of enactment of this subchapter that includes-- 7#a7 the date on which each lease was executed2 7#b7 the date on which ease lease will expire2 7#c7 a description of the size of the space2 7#d7 the location of the property2 7#e7 the tenant agency2 7#f7 the total annual rental rate2 and 7#g7 the amount of the net present value of the total estimated legal obligations of the ,federal ,government over the life of the contract4 7b7 ,exception ,subsection 7a7 shall not apply to-- 7#a7 the ,united ,states ,postal ,service2 7#b7 the ,department of ,veterans ,affairs2 or 7#c7 any other property the ,president excludes from subsection 7a7 for reasons of national security4 #fbg4 ,expedited disposal pilot program 7a7 ,establishment ,the ,director shall establish a pilot program to dispose of1 by sale1 transfer1 or other means of disposal1 any surplus property4 7#a7 ,properties for expedited disposal 7,a7 ,in general ,on an annual basis1 the ,director may authorize the expedited disposal of not more than #bjj surplus properties4 7,b7 ,priority ,in determining which properties to dispose of1 the ,director shall give priority to surplus properties that have the highest fair market value and the greatest potential for disposal4 7,c7 ,costs associated with disposal 7i7 ,in general ,the ,administrator may obligate an amount to pay any direct and indirect costs under section #egb related to identifying and preparing properties to be reported as excess property by a ,federal agency4 7ii7 ,reimbursement ,an amount obligated under clause 7i7 shall be paid from the proceeds of any sale of real property under this subsection4 7iii7 ,net proceeds ,net proceeds shall be distributed under subsection 7b74 7,d7 ,maximum net proceeds ,any real property authorized to be disposed of by sale of under subparagraph 7,a7 shall disposed of in a manner that1 as determined by the ,administrator in consultation with the head of the applicable ,federal agency1 is structured and marketed to maximize the value to the ,federal ,government4 7,e7 ,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-- 7i7 exceed the costs of disposal of the property2 and 7ii7 are not less than #ij percent of fair market value4 7#b7 ,applicability of certain law ,any expedited disposal of real property conducted under this section shall not be subject to-- 7,a7 any section of ,an ,act ,authorizing the ,transfer of ,certain ,real ,property for ,wildlife1 or ,other ,purposes 7#af ,u4,s4,c4 #ffg;b72 7,b7 sections #ajg and #cag of title #bc2 7,c7 sections #ede7;b77#h71 #eej1 #eec1 #eed1 and #acjd7;b72 7,d7 section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa72 7,e7 section #dgaea of title #di2 or 7,f7 section #ac7;d7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;d774 7#c7 ,effect ,except as provided in paragraph 7#b71 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 property4 7b7 ,use of proceeds 7#a7 ,in general ,of the proceeds received from the disposal of any real property under this subchapter-- 7,a7 not less than #hj percent shall be returned to the general fund of the ,treasury for debt reduction2 7,b7 the lesser of #ah 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 property1 subject to paragraph 7#b72 7,c7 not greater than #b percent shall be made available to carry out section #fbg1 subject to annual appropriations2 and 7,d7 any remaining share of the proceeds shall be returned to the general fund of the ,treasury for ,federal budget deficit reduction4 7#b7 ,limitation on use of proceeds ,any proceeds retained by ,federal agencies under this section shall be-- 7,a7 deposited into the appropriate real property account of the ,federal agency that had custody and accountability for the real property1 with the funds expended only as authorized in annual appropriations ,acts2 7,b7 used-- 7i7 by not later than #b years after the date of disposal of the real property2 and 7ii7 only for activities relating to ,federal real property asset management and disposal2 and 7,c7 if not used by the date described in subparagraph 7,b77i71 shall be deposited in the ,treasury and used for ,federal budget deficit reduction4 7c7 ,public benefit 7#a7 ,conveyance ,except as provided in paragraph 7#b71 if a real property authorized to be disposed of under subsection 7a7 has not been disposed of by the date that is #b years after the date the property is listed for sale1 the ,director1 in consultation with the ,administrator and the ,secretary of ,housing and ,urban ,development1 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 law4 7#b7 ,predominant use and size standards 7,a7 ,in general ,any real property authorized to be disposed of under subsection 7a7 shall not be conveyed under paragraph 7#a7 if-- 7i7 the predominant use of the property is not for housing2 and 7ii7 7,i7 the area of the property is not less than #be1jjj square feet2 or 7,,ii7 the appraised fair market value of the property is greater than #a1jjj1jjj4 7,b7 ,appraised fair market value ,the appraised fair market value described in subparagraph 7,a77ii77,,ii7 shall be determined by the ,federal agency with custody or control of the property1 in consultation with the ,administrator and standard appraisal practice4 7d7 ,enforcement 7#a7 ,increase in size of inventory ,except as provided in paragraph 7#b71 if a ,federal agency fails to make available for public sale the real property authorized to be disposed of under subsection 7a7 by the date that is #ah months after the date on which the authorization is made under subsection 7a71 that ,federal agency1 except for specific exceptions promulgated by the ,director1 shall not increase the size of the civilian real property inventory1 unless the square footage of the increase is offset1 within an appropriate time as determined by the ,director1 through consolidation1 colocation1 or disposal of another building space from the inventory of that ,federal agency4 7#b7 ,exception ,paragraph 7#a7 shall not apply to a ,federal agency that acquires any real property not under the administrative jurisdiction of the ,federal ,government1 by sale or lease1 until the ,director submits a certification to ,congress of the disposal of all of those surplus properties4 7e7 ,termination of authority ,the authority provided by this section terminates on the date that is #e years after the date of enactment of this subchapter4 #fbh4 ,homeless assistance grants 7a7 ,definitions ,in this section3 7#a7 ,eligible nonprofit organization ,the term eligible nonprofit organization means a nonprofit organization that is a representative of the homeless4 7#b7 ,homeless ,the term homeless has the meaning given the term in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb71 except that subsection 7c7 of that section shall not apply4 7#c7 ,permanent housing ,the term permanent housing has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#d7 ,private nonprofit organization ,the term private nonprofit organization has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#e7 ,representative of the homeless ,the term representative of the homeless has the meaning given the term in section #eja7;i7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7;i774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#g7 ,transitional housing ,the term transitional housing has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7b7 ,grant authority 7#a7 ,in general ,to the extent amounts are made available under section #fbf7;b77#a77;,b7 for use under this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq471 to purchase real property suitable for use to assist the homeless in accordance with subsection 7c74 7#b7 ,terms and conditions ,except as otherwise provided in this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq474 7c7 ,use of properties for housing or shelter for the homeless 7#a7 ,eligible uses ,an eligible private nonprofit organization that receives a grant under subsection 7b7 shall use the amounts received only to purchase or rehabilitate real property for use to provide permanent housing1 transitional housing1 or temporary shelter to the homeless4 7#b7 ,term of use ,the ,secretary may not make a grant under subsection 7b7 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 7#a7 for a period of not less than #ae years4 7d7 ,preference ,in awarding grants under subsection 7b71 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 #fbf4 7e7 ,regulations ,the ,secretary may promulgate such regulations as are necessary to carry out this section4 4 #fjd4 ,report of the ,comptroller ,general 7a7 ,draft ,not later than #c years after the date of enactment of this ,act1 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 #c4 7b7 ,final ,not later than #e years after the date of enactment of this ,act1 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 #c4 #fje4 ,technical and conforming amendment ,the table of sections for chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 ,,subchapter ,,vii--,property management and expedited disposal of real property#fba4 ,definitions4#fbb4 ,duties of ,federal agencies4#fbc4 ,colocation among ,united ,states ,postal ,service properties4#fbd4 ,establishment of a ,federal ,real ,property ,council4#fbe4 ,federal real property inventory and database4#fbf4 ,limitation on certain leasing authorities4#fbg4 ,expedited disposal pilot program4#fbh4 ,homeless assistance grants4 4 #a4 ,short title ,this ,act may be cited as the ,postal ,reform ,act of #bjad4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,postal ,service workforce,sec4 #aja4 ,annual ,federal ,employee ,retirement ,system and ,civil ,service ,retirement ,system assessments4,sec4 #ajb4 ,postal ,service authority to negotiate retirement benefit terms for new employees4,sec4 #ajc4 ,restructuring of payments for retiree health benefits4,sec4 #ajd4 ,postal ,service ,health ,benefits ,program4,sec4 #aje4 ,labor disputes4,sec4 #ajf4 ,prefunding and financial reporting with respect to workers' compensation liability4,sec4 #ajg4 ,right of appeal to ,merit ,systems ,protection ,board4,sec4 #ajh4 ,supervisory and other managerial organizations4,,title ,,ii--,postal ,service operations,sec4 #bja4 ,maintenance of delivery service standards4,sec4 #bjb4 ,preserving mail processing capacity2 review of discontinuances1 closings1 and consolidations4,sec4 #bjc4 ,preserving community post offices4,sec4 #bjd4 ,changes to mail delivery schedule4,sec4 #bje4 ,delivery point modernization4,sec4 #bjf4 ,postal services for market-dominant products4,sec4 #bjg4 ,report on pilot program for use of natural gas and propane for postal trucks4,sec4 #bjh4 ,capitol ,complex post offices4,sec4 #bji4 ,lawful possession of firearms in post office parking lots4,,title ,,iii--,postal ,service revenue,sec4 #cja4 ,postal rates4,sec4 #cjb4 ,nonpostal services4,sec4 #cjc4 ,shipping of wine1 beer1 and distilled spirits4,,title ,,iv--,postal ,service governance,sec4 #dja4 ,board of ,governors of the ,postal ,service4,sec4 #djb4 ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation4,sec4 #djc4 ,long-term solvency plan2 annual financial plan and budget4,sec4 #djd4 ,chief ,innovation ,officer2 innovation strategy4,sec4 #dje4 ,area and district office structure4,sec4 #djf4 ,inspector ,general of the ,postal ,service4,sec4 #djg4 ,postal ,regulatory ,commission4,sec4 #djh4 ,postal ,service contracts and congressional oversight authority4,,title ,v--,federal ,employees' ,compensation ,act,sec4 #eja4 ,short title2 references4,sec4 #ejb4 ,federal workers compensation reforms for retirement-age employees4,sec4 #ejc4 ,augmented compensation for dependents4,sec4 #ejd4 ,schedule compensation payments4,sec4 #eje4 ,vocational rehabilitation4,sec4 #ejf4 ,reporting requirements4,sec4 #ejg4 ,disability management review2 independent medical examinations4,sec4 #ejh4 ,waiting period4,sec4 #eji4 ,election of benefits4,sec4 #eaj4 ,sanction for noncooperation with field nurses4,sec4 #eaa4 ,subrogation of continuation of pay4,sec4 #eab4 ,integrity and compliance4,sec4 #eac4 ,amount of compensation4,sec4 #ead4 ,terrorism injuries2 zones of armed conflict4,sec4 #eae4 ,technical and conforming amendments4,sec4 #eaf4 ,regulations4,sec4 #eag4 ,effective date4,,title ,,vi--,property management and expedited disposal of real property,sec4 #fja4 ,short title4,sec4 #fjb4 ,purpose4,sec4 #fjc4 ,property management and expedited disposal of real property4,sec4 #fjd4 ,report of the ,comptroller ,general4,sec4 #fje4 ,technical and conforming amendment4 #c4 ,definitions ,in this ,act1 the following definitions shall apply3 7#a7 ,commission ,the term ,commission means the ,postal ,regulatory ,commission4 7#b7 ,postal ,service ,the term ,postal ,service means the ,united ,states ,postal ,service4 ,i ,postal ,service workforce #aja4 ,annual ,federal ,employee ,retirement ,system and ,civil ,service ,retirement ,system assessments 7a7 ,use of postal-specific assumptions in normal cost calculation 7#a7 ,in general ,section #hdbc7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by inserting other than the ,united ,states ,postal ,service after ,each employing agency2 and 7,b7 by adding at the end the following3 7#e7 7,a7 ,the ,united ,states ,postal ,service shall contribute to the ,fund an amount equal to the product of-- 7i7 the normal-cost percentage1 as determined for employees of the ,united ,states ,postal ,service under subparagraph 7,b71 multiplied by 7ii7 the aggregate amount of basic pay payable by the ,united ,states ,postal ,service1 for the period involved1 to employees of the ,united ,states ,postal ,service4 7,b7 7i7 ,in determining the normal-cost percentage for employees of the ,united ,states ,postal ,service1 the ,office shall use-- 7,i7 demographic factors specific to the employees2 and 7,,ii7 appropriate economic assumptions1 as determined by the ,office1 regarding wage and salary trends specific to the employees4 7ii7 ,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 7i74 7iii7 ,notwithstanding paragraph 7#b71 in determining the normal-cost percentage to be applied for employees of the ,united ,states ,postal ,service1 the ,office shall take into account amounts provided under section #hdbb and amounts provided under section #ajje7;g77#c77;,a77i7 of title #ci4 7iv7 ,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-- 7,i7 upon request of the ,united ,states ,postal ,service1 but no more frequently than once each fiscal year2 and 7,,ii7 at any additional times1 as the ,office considers appropriate4 4 7#b7 ,initial determination ,not later than #ahj days after the date on which the ,office receives the appropriate data or projections from the ,postal ,service under clause 7ii7 of section #hdbc7;a77#e77;,b7 of title #e1 ,united ,states ,code1 as added by paragraph 7#a71 the ,office shall determine the normal-cost percentage for employees of the ,postal ,service in accordance with the requirements under such section #hdbc7;a77#e77;,b74 7#c7 ,applicability ,on and after the date on which the ,office determines the normal-cost percentage under paragraph 7#b71 the contributions of the ,postal ,service to the ,civil ,service ,retirement and ,disability ,fund relating to employees covered under chapter #hd of title #e1 ,united ,states ,code1 shall be determined in accordance with paragraph 7#e7 of section #hdbc7;a7 of title #e1 ,united ,states ,code1 as added by paragraph 7#a74 7b7 ,postal funding surplus or liability 7#a7 ,treatment of postal funding surplus ,section #hdbc7;b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 7,a7 ,in this paragraph1 the term postal funding surplus means the amount by which the amount of supplemental liability computed under paragraph 7#a77;,b7 is less than zero4 7,b7 ,after the date on which the ,office determines under paragraph 7#g77;,c7 the amount of supplemental liability computed under paragraph 7#a77;,b7 as of the close of the fiscal year ending on ,september #cj1 #bjac1 not later than the date on which the ,postmaster ,general makes a request under subparagraph 7,c7 of this paragraph1 and if the amount determined under paragraph 7#g77;,c7 is less than zero1 the ,postmaster ,general may request that some or all of the amount of the postal funding surplus1 not to exceed #f1jjj1jjj1jjj1 be returned to the ,united ,states ,postal ,service1 and not later than #aj days after the request1 the ,director shall transfer to the ,united ,states ,postal ,service from the ,fund an amount equal to the portion of the postal funding surplus requested1 for use in accordance with subparagraph 7,e77i74 7,c7 7i7 ,subject to clause 7ii71 after the date on which the ,office computes the amount of supplemental liability under paragraph 7#a77;,b7 as of the close of the fiscal year ending on ,september #cj1 #bjad1 and if such amount is less than zero1 the ,postmaster ,general may request that some of the amount of the postal funding surplus1 not to exceed #b_/c of the amount1 be returned to the ,united ,states ,postal ,service1 and not later than #aj days after the request1 the ,director shall transfer to the ,united ,states ,postal ,service from the ,fund an amount equal to the portion of the postal funding surplus requested1 for use in accordance with subparagraph 7,e77ii74 7ii7 ,if any amount requested by the ,postmaster ,general under subparagraph 7,b7 is not transferred from the ,fund as of the close of the fiscal year ending on ,september #cj1 #bjad1 for purposes of this subparagraph1 the ,office shall recompute the amount of supplemental liability computed under paragraph 7#a77;,b7 as of the close of that fiscal year by subtracting from the balance of the ,fund the amount requested under subparagraph 7,b7 of this paragraph4 7,d7 ,if the amount of supplemental liability computed under paragraph 7#a77;,b7 as of the close of any fiscal year commencing after ,september #cj1 #bjad1 is less than zero1 the ,office shall establish an amortization schedule1 including a series of equal annual installments that-- 7i7 provide for the liquidation of the postal funding surplus in #dj years1 commencing on ,september #cj of the subsequent fiscal year2 and 7ii7 shall be transferred to the ,united ,states ,postal ,service from the ,fund for use in accordance with subparagraph 7,e77ii74 7,e7 7i7 ,the ,united ,states ,postal ,service may use an amount transferred under subparagraph 7,b7 only for the purpose of repaying any obligation issued under section #bjje7;a7 of title #ci4 7ii7 ,the ,united ,states ,postal ,service may use an amount transferred under subparagraph 7,c7 or 7,d7 only-- 7,i7 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 #hiji;a2 7,,ii7 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 #hcdh7;h72 7,,iii7 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 #hdbc7;b77#a77;,b72 7,,iv7 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 #bjab of title #ci2 or 7,v7 as described in clause 7i71 if none of the liabilities referred to in subclause 7,i71 7,,ii71 7,,iii71 or 7,,iv7 remain unpaid4 4 7#b7 ,supplemental liability calculation 7,a7 ,,fers ,section #hdbc7;b7 of title #e1 ,united ,states ,code1 as amended by paragraph 7#a7 of this subsection1 is amended-- 7i7 in paragraph 7#f71 as so redesignated1 in the matter preceding subparagraph 7,a71 by striking ,for the purpose and inserting ,subject to paragraph 7#g71 for the purpose2 and 7ii7 by adding at the end the following3 7#g7 7,a7 ,for the purpose of carrying out paragraph 7#a77;,b7 with respect to the fiscal year ending ,september #cj1 #bjac1 and each fiscal year thereafter1 the ,office shall1 consistent with subsection 7a77#e77;,b71 use-- 7i7 demographic factors specific to current and former employees of the ,united ,states ,postal ,service2 and 7ii7 appropriate economic assumptions1 as determined by the ,office1 regarding wage and salary trends specific to current employees of the ,united ,states ,postal ,service4 7,b7 ,the ,united ,states ,postal ,service shall provide any data or projections the ,office requires in order to carry out paragraph 7#a77;,b7 consistent with subparagraph 7,a7 of this paragraph4 7,c7 ,not later than #ahj 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 7,b7 or the date of enactment of the ,postal ,reform ,act of #bjad1 the ,office shall determine or redetermine whether there is a postal funding surplus 7as defined in paragraph 7#e77 or a supplemental liability described in paragraph 7#a77;,b7 7and the amount thereof7 as of the close of the fiscal year ending on ,september #cj1 #bjac1 in accordance with the requirements under subparagraph 7,a7 of this paragraph4 4 7,b7 ,,csrs ,section #hcdh7;h7 of title #e1 ,united ,states ,code1 is amended-- 7i7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 7i7 7,i7 ,not later than the date on which the ,office determines the normal-cost percentage under section #aja7;a77#b7 of the ,postal ,reform ,act of #bjad1 the ,office shall redetermine the ,postal surplus or supplemental liability as of the close of the fiscal year ending on ,september #cj1 #bjac1 in accordance with the requirements under paragraph 7#d74 7,,ii7 ,if the result of the redetermination under subclause 7,i7 is a surplus1 that amount shall remain in the ,fund until distribution is authorized under subparagraph 7,c74 7,,iii7 ,if the result of the redetermination under subclause 7,i7 is a supplemental liability1 the ,office shall establish an amortization schedule1 including a series of annual installments commencing on ,september #cj1 #bjae1 which provides for the liquidation of such liability by ,september #cj1 #bjed4 7ii7 7,i7 ,the ,office shall redetermine the ,postal surplus or supplemental liability as of the close of each fiscal year beginning after ,september #cj1 #bjac1 in accordance with the requirements under paragraph 7#d74 7,,ii7 ,if the result of the redetermination under subclause 7,i7 is a surplus1 that amount shall remain in the ,fund until distribution is authorized under subparagraph 7,c74 7,,iii7 ,on and after ,june #ae1 #bjae1 if the result of the redetermination under subclause 7,i7 is a supplemental liability1 the ,office shall establish an amortization schedule1 including a series of annual installments commencing on ,september #cj of the subsequent fiscal year1 which provides for the liquidation of such liability by ,september #cj1 #bjed4 2 and 7ii7 by adding at the end the following3 7#d7 7,a7 ,for the purpose of carrying out paragraphs 7#a7 and 7#b71 the ,office shall1 consistent with section #hdbc7;a77#e77;,b71 use-- 7i7 demographic factors specific to current and former employees of the ,united ,states ,postal ,service2 and 7ii7 appropriate economic assumptions1 as determined by the ,office1 regarding wage and salary trends specific to the employees4 7,b7 ,the ,united ,states ,postal ,service shall provide any data or projections the ,office requires in order to carry out paragraphs 7#a7 and 7#b7 consistent with subparagraph 7,a7 of this paragraph4 4 #ajb4 ,postal ,service authority to negotiate retirement benefit terms for new employees 7a7 ,authority to negotiate retirement benefit terms 7#a7 ,collective bargaining over certain retirement benefits ,section #ajje of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,in this subsection-- 7,a7 the term collective bargaining agreement means a collective bargaining agreement between the ,postal ,service and a bargaining representative recognized under section #abjc entered into after the date of enactment of the ,postal ,reform ,act of #bjad2 7,b7 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 #bjad2 and 7,c7 the term not eligible to receive ,,fers service credit1 with respect to an officer or employee of the ,postal ,service1 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 #hd of title #e4 7#b7 7,a7 ,a collective bargaining agreement may provide1 notwithstanding chapter #hd of title #e1 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 provision4 7,b7 ,if a new employee is not eligible to receive ,,fers credit pursuant to a collective bargaining agreement1 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 #hd of title #e4 7,c7 ,subject to the requirements under this subsection1 a collective bargaining agreement may include #a or more additional retirement benefit plans for the benefit of some or all new employees covered under the collective bargaining agreement4 7#c7 7,a7 ,a collective bargaining agreement may establish1 with respect to some or all new employees covered under the collective bargaining agreement-- 7i7 without regard to section #hdbb of title #e-- 7,i7 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 ,fund2 and 7,,ii7 the corresponding adjustment under section #hdbc7;a77#e77;,b77iii7 of title #e to the amount of the contributions to be made by the ,postal ,service to the ,fund2 and 7ii7 for any retirement benefit plan established under the collective bargaining agreement1 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 employees4 7,b7 ,except as provided in paragraph 7#b77;,b71 a collective bargaining agreement may establish the amounts described in subparagraph 7,a77i7 with respect to some or all new employees who were covered under a previous collective bargaining agreement4 7#d7 7,a7 ,a collective bargaining agreement among the ,postal ,service and all bargaining representatives recognized under section #abjc may establish1 without regard to section #hdcb of title #e1 with respect to some or all new employees covered under the collective bargaining agreement1 whether the ,postal ,service shall make contributions to the ,thrift ,savings ,fund for the benefit of the new employees1 and1 if the ,postal ,service shall make such contributions1 the amounts that the ,postal ,service shall contribute4 7,b7 ,a collective bargaining agreement described in subparagraph 7,a7 may not establish more than #a 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 agreement4 7,c7 ,if a collective bargaining agreement described in subparagraph 7,a7 is not in effect1 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 agreement1 the procedures under section #abjg7;d7 shall apply4 7,d7 ,except as provided in subparagraph 7,a71 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 #hd of title #e4 4 7#b7 ,applicability of laws relating to ,federal employees ,section #ajje of title #ci1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d77#a71 by striking ,officers and inserting ,except as provided in subsection 7g71 officers2 and 7,b7 in subsection 7f71 in the second sentence-- 7i7 by inserting #hd1 before #hg12 and 7ii7 by striking this subsection4 and inserting this subsection or subsection 7g744 7#c7 ,ineligibility for automatic enrollment in thrift savings plan ,section #hdcb7;b77#b77;,d7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking clause 7ii7 and inserting clauses 7ii7 and 7iii72 and 7,b7 by adding at the end following3 7iii7 ,an individual for whom a collective bargaining agreement authorized under section #ajje7;g77#d7 of title #ci 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 paragraph4 4 7b7 ,special rules relating to ,,fers coverage for covered postal employees 7#a7 ,in general ,subchapter ,,ii of chapter #hd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hdbf4 ,postal ,service retirement 7#a7 ,the application of sections #hdbb and #hdbc 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 #ajje7;g7 of title #ci4 4 7#b7 ,technical and conforming amendments ,the table of sections for subchapter ,,ii of chapter #hd of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hdbf4 ,postal ,service retirement4 4 #ajc4 ,restructuring of payments for retiree health benefits 7a7 ,contributions ,section #hijf7;g77#b77;,a7 of title #e1 ,united ,states ,code1 is amended by striking through ,september #cj1 #bjaf1 be paid by the ,united ,states ,postal ,service1 and thereafter shall and inserting after the date of enactment of the ,postal ,reform ,act of #bjad4 7b7 ,postal ,service ,retiree ,health ,benefits ,fund ,section #hiji;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,not later than ,june #cj1 #bjaf1 the ,office shall compute1 and by ,june #cj of each succeeding year1 the ,office shall recompute1 a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph 7,b7 7regardless of whether the amount is a liability or surplus7 by ,september #cj1 #bjee1 or within #ae years1 whichever is later1 including interest at the rate used in the computations under this subsection4 7,b7 ,the amount described in this subparagraph is the amount1 as of the date on which the applicable computation or recomputation under subparagraph 7,a7 is made1 that is equal to the difference between-- 7i7 #hj percent of the ,postal ,service actuarial liability as of ,september #cj of the preceding fiscal year2 and 7ii7 the value of the assets of the ,postal ,retiree ,health ,benefits ,fund as of ,september #cj of the preceding fiscal year4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iii71 by adding and at the end2 7,,ii7 in clause 7iv71 by striking the semicolon at the end and inserting a period2 and 7,,iii7 by striking clauses 7v7 through 7x72 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking #bjag and inserting #bjaf2 and 7,,ii7 in clause 7ii71 by striking paragraph 7#b77;,b74 and inserting paragraph 7#b742 7,c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,computations under this subsection shall be based on-- 7,a7 economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the ,postal surplus or supplemental liability under section #hcdh7;h72 and 7,b7 any other methods and assumptions1 including a health care cost trend rate1 that the ,director of the ,office determines to be appropriate4 2 and 7,d7 by adding at the end the following3 7#g7 ,in this subsection1 the term ,postal ,service actuarial liability means the difference between-- 7,a7 the net present value of future payments required under section #hijf7;g77#b77;,a7 for current and future ,united ,states ,postal ,service annuitants2 and 7,b7 the net present value as computed under paragraph 7#a7 attributable to the future service of ,united ,states ,postal ,service employees4 2 and 7#b7 by adding at the end the following3 7e7 ,subsections 7a7 through 7d7 of this section shall be subject to section #ajd of the ,postal ,reform ,act of #bjad4 4 7c7 ,cancellation of certain unpaid obligations of the ,postal ,service ,any obligation of the ,postal ,service under section #hiji;a7d77#c77;,a7 of title #e1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act1 that remains unpaid as of such date of enactment is cancelled4 7d7 ,technical and conforming amendment ,the heading of section #hiji;a of title #e1 ,united ,states ,code1 is amended by striking ,benefit and inserting ,benefits4 #ajd4 ,postal ,service ,health ,benefits ,program 7a7 ,establishment 7#a7 ,in general ,chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after section #hijc;b the following3 #hijc;c4 ,postal ,service ,health ,benefits ,program 7a7 ,definitions ,in this section-- 7#a7 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 #bjaf2 7#b7 the term ,medicare eligible individual means an individual who-- 7,a7 is entitled to ,medicare part ,a1 but excluding an individual who is eligible to enroll under such part under section #ahah of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#b72 and 7,b7 is eligible to enroll in ,medicare part ,b2 7#c7 the term ,medicare part ,a means the ,medicare program for hospital insurance benefits under part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq472 7#d7 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 7#db ,u4,s4,c4 #acie;j et seq472 7#e7 the term ,medicare part ,d means the ,medicare insurance program established under part ,d of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#aja et seq472 7#f7 the term ,office means the ,office of ,personnel ,management2 7#g7 the term ,postal ,service means the ,united ,states ,postal ,service2 7#h7 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 #hijf7;g77#b72 7#i7 the term ,postal ,service employee means an employee of the ,postal ,service enrolled in a health benefits plan under this chapter2 7#aj7 the term ,postal ,service ,health ,benefits ,program means the program of health benefits plans established under subsection 7c72 7#aa7 the term ,postal ,service ,medicare eligible annuitant means an individual who-- 7,a7 is a ,postal ,service annuitant2 and 7,b7 is a ,medicare eligible individual2 7#ab7 the term ,,pshbp plan means a health benefits plan offered under the ,postal ,service ,health ,benefits ,program2 and 7#ac7 the term qualified carrier means a carrier for which the total enrollment in the plans provided under this chapter includes1 in the contract year beginning in ,january #bjae1 #e1jjj or more enrollees who are-- 7,a7 ,postal ,service employees2 or 7,b7 ,postal ,service annuitants4 7b7 ,application of section ,the requirements under this section shall-- 7#a7 apply to the contract year beginning in ,january #bjaf1 and each contract year thereafter2 and 7#b7 supersede other provisions of this chapter to the extent of any specific inconsistency1 as determined by the ,office4 7c7 ,establishment of the ,postal ,service ,health ,benefits ,program 7#a7 ,in general ,the ,office shall establish the ,postal ,service ,health ,benefits ,program1 which shall-- 7,a7 consist of health benefit plans offered under this chapter2 7,b7 include plans offered by-- 7i7 each qualified carrier2 and 7ii7 any other carrier determined appropriate by the ,office2 7,c7 be available for participation by all ,postal ,service employees1 in accordance with subsection 7d72 7,d7 be available for participation by all ,postal ,service annuitants1 in accordance with subsection 7d72 7,e7 not be available for participation by an individual who is not a ,postal ,service employee or ,postal ,service annuitant 7except as a family member of such an employee or annuitant72 and 7,f7 be implemented and administered by the ,office4 7#b7 ,separate ,postal ,service risk pool ,the ,office shall ensure that each ,,pshbp plan includes rates1 one for enrollment as an individual1 one for enrollment for self plus one1 and one for enrollment for self and family within each option in the ,,pshbp plan1 that reasonably and equitably reflect the cost of benefits provided to a risk pool consisting solely of ,postal ,service employees and ,postal ,service annuitants 7and family members of such employees and annuitants71 taking into specific account the reduction in benefits cost for the ,,pshbp plan due to the ,medicare enrollment requirements under subsection 7e7 and any savings or subsidies resulting from subsection 7f74 7#c7 ,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 equivalent1 as determined by the ,director of the ,office1 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 plans4 7d7 ,election of coverage 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 each ,postal ,service employee and ,postal ,service annuitant who elects to receive health benefits coverage under this chapter-- 7,a7 shall be subject to the requirements under this section2 and 7,b7 may only enroll in a ,,pshbp plan4 7#b7 ,annuitants ,a ,postal ,service annuitant shall not be subject to this section if the ,postal ,service annuitant-- 7,a7 is enrolled in a health benefits plan under this chapter for the contract year beginning in ,january #bjae that is not a health benefits plan offered by an initial participating carrier1 unless the ,postal ,service annuitant voluntarily enrolls in a ,,pshbp plan2 or 7,b7 resides in a geographic area for which there is not a ,,pshbp plan in which the ,postal ,service annuitant may enroll4 7#c7 ,employees ,a ,postal ,service employee who is enrolled in a health benefits plan under this chapter for the contract year beginning in ,january #bjae that is not a health benefits plan offered by an initial participating carrier shall not be subject to the requirements under this section1 except that-- 7,a7 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 #bjaf1 the ,postal ,service employee may only enroll in a ,,pshbp plan2 and 7,b7 upon becoming a ,postal ,service annuitant1 if the ,postal ,service employee elects to continue coverage under this chapter1 the ,postal ,service employee shall enroll in a ,,pshbp plan during the open season that is-- 7i7 being held when the ,postal ,service employee becomes a ,postal ,service annuitant2 or 7ii7 if the date on which the ,postal ,service employee becomes a ,postal ,service annuitant falls outside of an open season1 the first open season following that date4 7e7 ,requirement of ,medicare enrollment 7#a7 ,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 ,a1 ,medicare part ,b1 and ,medicare part ,d 7as part of a prescription drug plan described in subsection 7f774 7#b7 ,medicare eligible family members ,if a family member of a ,postal ,service annuitant who is subject to this section is a ,medicare eligible individual1 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 ,a1 ,medicare part ,b1 and ,medicare part ,d 7as part of a prescription drug plan described in subsection 7f774 7f7 ,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 #ahfj;,d-#bb of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#acb74 7g7 ,postal ,service contribution 7#a7 ,in general ,subject to subsection 7i71 for purposes of applying section #hijf7;b7 to the ,postal ,service1 the weighted average shall be calculated in accordance with paragraph 7#b74 7#b7 ,weighted average calculation ,not later than ,october #a of each year1 the ,office shall determine the weighted average of the rates established pursuant to subsection 7c77#b7 for ,,pshbp plans that will be in effect during the following contract year with respect to-- 7,a7 enrollments for self only2 7,b7 enrollments for self plus one2 and 7,c7 enrollments for self and family4 7h7 ,reserves 7#a7 ,separate reserves 7,a7 ,in general ,the ,office shall ensure that each ,,pshbp plan maintains separate reserves 7including a separate contingency reserve7 with respect to the enrollees in the ,,pshbp plan in accordance with section #hiji4 7,b7 ,references ,for purposes of the ,postal ,service ,health ,benefits ,program1 each reference to the ,government in section #hiji shall be deemed to be a reference to the ,postal ,service4 7,c7 ,amounts to be credited ,the reserves 7including the separate contingency reserve7 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 carrier4 7#b7 ,discontinuation of ,,pshbp plan ,in applying section #hiji7;e7 relating to a ,,pshbp plan that is discontinued1 the ,office shall credit the separate ,postal ,service contingency reserve maintained under paragraph 7#a7 for that plan only to the separate ,postal ,service contingency reserves of the ,,pshbp plans continuing under this chapter4 7i7 ,no effect on existing law ,nothing in this section shall be construed as affecting section #ajje7;f7 of title #ci regarding variations1 additions1 or substitutions to the provisions of this chapter4 4 7#b7 ,technical and conforming amendments 7,a7 ,section #hijc7a7 of title #e1 ,united ,states ,code1 is amended by striking two levels of benefits and inserting #b levels of benefits for enrollees under this chapter generally and #b levels of benefits for enrollees under the ,postal ,service ,health ,benefits ,program established under section #hijc;c4 7,b7 ,the table of sections for chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #hijc;b the following3 #hijc;c4 ,postal ,service ,health ,benefits ,program4 4 7b7 ,special enrollment period for ,postal ,service ,medicare eligible annuitants and ,medicare eligible family members of ,postal ,service annuitants 7#a7 ,special enrollment period ,section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7 is amended by adding at the end the following new subsection3 7m7 7#a7 7,a7 ,in the case of any individual who is subject to the enrollment requirement of section #hijc;c7e7 of title #e1 ,united ,states ,code1 who has elected not to enroll 7or to be deemed enrolled7 during the individual's initial enrollment period1 there shall be a special enrollment period described in subparagraph 7,b74 7,b7 ,the special enrollment period described in this subparagraph is the #f-month period1 beginning on ,august #a1 #bjae and ending on ,january #ca1 #bjaf4 7#b7 7,a7 ,in the case of any individual who-- 7i7 was initially not subject to the enrollment requirement of section #hijc;c7e7 of title #e1 ,united ,states ,code2 7ii7 is eligible to enroll in a plan under chapter #hi of title #e1 ,united ,states ,code1 because of an involuntary loss of health care coverage2 7iii7 upon the involuntary loss of health care coverage1 becomes subject to the enrollment requirement of section #hijc;c7e7 of title #e1 ,united ,states ,code1 because of enrollment in a ,,pshbp plan2 and 7iv7 has elected not to enroll 7or to be deemed enrolled7 during the individual's initial enrollment period1 there shall be a special enrollment period described in subparagraph 7,b74 7,b7 ,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 coverage1 pursuant to chapter #hi of title #e1 ,united ,states ,code1 and its implementing regulations4 7,c7 ,for purposes of this subsection1 the term ,,pshbp plan has the meaning under section #hijc;c7a7 of title #e1 ,united ,states ,code4 7#c7 ,in the case of an individual who enrolls during the special enrollment period provided under paragraphs 7#a7 and 7#b71 the coverage period under this part shall begin on the first day of the month in which the individual enrolls4 4 7#b7 ,waiver of increase of premium ,section #ahci7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7b77 is amended by striking 7i77#d7 or 7l7 and inserting 7i77#d71 7l71 or 7m74 #aje4 ,labor disputes ,section #abjg7;c7 of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting 7,a7 after 7#b72 7,b7 by striking the last sentence and inserting ,the arbitration board shall render a decision not later than #de days after the date of its appointment42 and 7,c7 by adding at the end the following3 7,b7 ,in rendering a decision under this paragraph1 the arbitration board shall consider such relevant factors as the financial condition of the ,postal ,service4 2 and 7#b7 by adding at the end the following3 7#d7 ,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 7#b74 4 #ajf4 ,prefunding and financial reporting with respect to workers' compensation liability 7a7 ,financial provisions relating to workers' compensation liability 7#a7 ,in general ,chapter #bj of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bjab4 ,provisions relating to workers' compensation prefunding 7a7 ,definitions 7#a7 ,in general ,in this section-- 7,a7 the term adjusted net income1 except as provided in paragraph 7#b71 means the net income 7or loss7 reported by the ,postal ,service in the statement of operations included in the annual report required under section #cfed7;a77#a77;,b72 7,b7 the term ,fund means the ,postal ,service ,workers' ,compensation ,accrued ,liability ,fund established under subsection 7b72 and 7,c7 the term ,postal ,service actuarial liability means1 as of ,september #cj of a fiscal year1 the net present value of projected future payments required to be made by the ,postal ,service under section #hadg of title #e 7including any payments required to be made from the ,fund under subsection 7f7 of this section7 on account of injuries or deaths that occurred during that fiscal year or any preceding fiscal year4 7#b7 ,calculation of adjusted net income ,in calculating adjusted net income for a fiscal year-- 7,a7 any payment made under subsection 7e7 shall not be taken into account2 and 7,b7 any change in the net present value of projected future payments required to be made by the ,postal ,service under section #hadg of title #e shall not be taken into account4 7b7 ,establishment ,there is established in the ,treasury of the ,united ,states a revolving fund1 to be called the ,postal ,service ,workers' ,compensation ,accrued ,liability ,fund4 7c7 ,availability ,the ,fund shall be available without fiscal year limitation for payments required under subsection 7f74 7d7 ,investment 7#a7 ,in general ,the ,secretary of the ,treasury shall immediately invest1 in interest-bearing securities of the ,united ,states1 such currently available portions of the ,fund as are not immediately required for payments from the ,fund4 7#b7 ,manner of investments ,investments under paragraph 7#a7 shall be made in the same manner as investments for the ,civil ,service ,retirement and ,disability ,fund under section #hcdh of title #e4 7e7 ,payments to ,fund 7#a7 ,cost attributable to #a year of employees' service ,not later than ,june #cj1 #bjag1 and not later than ,june #cj of each year thereafter1 the ,postal ,service shall compute-- 7,a7 with respect to each of the #c preceding fiscal years1 the net present value1 as of ,september #cj of the fiscal year1 of projected future payments required to be paid by the ,postal ,service under section #hadg of title #e on account of injuries or deaths that occurred during the fiscal year2 7,b7 for each of the #c amounts computed under subparagraph 7,a71 the sum of-- 7i7 the amount2 and 7ii7 accrued interest on the amount through ,september #cj of the preceding fiscal year2 and 7,c7 the average of the #c sums computed under subparagraph 7,b74 7#b7 ,liquidation schedule 7,a7 ,computation2 recomputation ,not later than ,june #cj1 #bjag1 the ,postal ,service shall compute1 and not later than ,june #cj of each year thereafter the ,postal ,service shall recompute1 a schedule including a series of annual installments that provide for the liquidation of the amount described in subparagraph 7,b7 7regardless of whether the amount is a liability or surplus71 including interest at the rate used in the computations under paragraph 7#a71 by the later of-- 7i7 ,september #cj1 #bjeg2 or 7ii7 ,september #cj of the fiscal year that is #ae years after the fiscal year in which the computation or recomputation is made4 7,b7 ,amount to be liquidated ,the amount described in this subparagraph is the difference between-- 7i7 the difference between-- 7,i7 #hj percent of the ,postal ,service actuarial liability as of ,september #cj of the preceding fiscal year2 and 7,,ii7 #hj percent of the amount computed under paragraph 7#a77;,c7 as of ,september #cj of the preceding fiscal year2 and 7ii7 the value of the assets of the ,fund as of ,september #cj of the preceding fiscal year4 7#c7 ,liquidation of liability 7,a7 ,in general ,subject to subparagraph 7,b71 not later than ,september #cj1 #bjah1 and not later than ,september #cj of each year thereafter1 the ,postal ,service shall pay into the ,fund the lesser of-- 7i7 the sum of-- 7,i7 #hj percent of the amount computed under paragraph 7#a77;,c7 during the fiscal year2 and 7,,ii7 any annual installment computed under paragraph 7#b77;,a72 and 7ii7 the amount by which-- 7,i7 the amount of adjusted net income earned by the ,postal ,service during the fiscal year that ended #a year before the date by which a payment is required to be made under this subparagraph2 exceeds 7,,ii7 #a1jjj1jjj1jjj4 7,b7 ,exception ,if the amount of adjusted net income earned by the ,postal ,service during a fiscal year does not exceed #a1jjj1jjj1jjj1 the ,postal ,service shall not be required to make a payment under this paragraph during the subsequent fiscal year4 7f7 ,payments from ,fund 7#a7 ,in general ,beginning with the fiscal year ending on ,september #cj1 #bjah1 for each payment that the ,postal ,service is required to make under section #hadg of title #e during the fiscal year-- 7,a7 a fraction of the amount of the payment shall be paid from the ,fund in accordance with paragraph 7#b7 of this subsection2 and 7,b7 the remaining amount of the payment shall be paid by the ,postal ,service4 7#b7 ,fraction ,the fraction to be paid from the ,fund1 as required under paragraph 7#a71 is1 with respect to the fiscal year during which the payment is required to be made1 the quotient of-- 7,a7 the value of the assets of the ,fund as of ,september #cj of the preceding fiscal year2 and 7,b7 the sum of-- 7i7 the ,postal ,service actuarial liability as of the end of the fiscal year before the preceding fiscal year1 plus interest accrued on that amount through the end of the preceding fiscal year2 and 7ii7 the amount calculated under subsection 7e77#a77;,c7 as of the end of the fiscal year before the preceding fiscal year1 plus interest accrued on that amount through the end of the preceding fiscal year4 7g7 ,assumptions and methodology ,the assumptions and methodology used in the computations under this section shall be consistent1 insofar as reasonable and appropriate1 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 #cfed4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #bj of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bjab4 ,provisions relating to workers' compensation prefunding4 4 7b7 ,additional annual financial reporting 7#a7 ,in general ,section #cfed7;b7 of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 7,a7 ,each report required by subsection 7a77#a77;,b7 shall include1 with respect to the workers' compensation obligations of the ,postal ,service-- 7i7 as of the last day of the fiscal year to which the report applies1 the amount of the ,postal ,service actuarial liability2 7ii7 the value of the assets in the ,fund1 and the difference between that amount and the amount of the ,postal ,service actuarial liability2 7iii7 the amounts calculated under paragraphs 7#a7 and 7#b7 of section #bjab7;e72 7iv7 significant methods and assumptions underlying the relevant actuarial valuations2 7v7 any payments to the ,fund and from the ,fund for the fiscal year to which the report applies2 and 7vi7 the assumed rate of return on balances of the ,fund and the actual rate of return for the fiscal year to which the report applies4 7,b7 ,in this paragraph1 the terms ,fund and ,postal ,service actuarial liability have the meaning given those terms in section #bjab7;a74 4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply with respect to the report required under section #cfed7;a77#a77;,b7 of title #ci1 ,united ,states ,code1 for the fiscal year ending on ,september #cj1 #bjad1 and to such report for each fiscal year thereafter4 #ajg4 ,right of appeal to ,merit ,systems ,protection ,board ,section #ajje7;a77#d77;,a77ii77,i7 of title #ci1 ,united ,states ,code1 is amended to read as follows3 7,i7 is an officer or employee of the ,postal ,service who-- 7aa7 is not represented by a bargaining representative recognized under section #abjc2 and 7bb7 is in a supervisory1 professional1 technical1 clerical1 administrative1 or managerial position covered by the ,executive and ,administrative ,schedule2 and 4 #ajh4 ,supervisory and other managerial organizations ,section #ajjd of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting and fringe benefits after differentials in rates of pay2 7#b7 in subsection 7b71 in the second sentence1 by inserting as provided under subsection 7d7 and any changes in1 or termination of1 pay policies and schedules and fringe benefit programs for members of the supervisors' organization as provided under subsection 7e74 ,such pay policies and fringe benefit programs shall reflect adequate differentials in rates of pay and fringe benefits as provided under subsection 7a7 before the period2 and 7#c7 in subsection 7e77#a71 by inserting 1 or termination of1 after any changes in4 ,,ii ,postal ,service operations #bja4 ,maintenance of delivery service standards 7a7 ,moratorium on changes in delivery service standards ,the ,postal ,service shall maintain the service standards for first-class mail and periodicals under part #aba of title #ci1 ,code of ,federal ,regulations1 as in effect on ,october #a1 #bjac1 until the later of-- 7#a7 the date that is #b years after the date of enactment of this ,act2 or 7#b7 the date that is #a year after the date on which the ,comptroller ,general of the ,united ,states submits the report required under subsection 7b77#b74 7b7 ,,gao study and report 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study that assesses-- 7,a7 how the ,postal ,service measures delivery times for the purpose of determining whether service standards have been met2 and 7,b7 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 destination4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 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 7#a7 that includes recommendations as to whether the ,postal ,service should use additional or improved methods to-- 7,a7 measure the actual delivery times experienced by postal customers2 and 7,b7 assess compliance with the service standards promulgated under section #cfia of title #ci1 ,united ,states ,code4 7#c7 ,consultation ,in conducting the study under paragraph 7#a71 the ,comptroller ,general shall consult with the ,commission to the extent appropriate4 7c7 ,alternate ,means of ,transportation contracts 7#a7 ,maintenance of delivery service standards ,notwithstanding subsection 7a71 during the #b-year period beginning on the date of enactment of this ,act1 the ,postal ,service shall apply the service standards for first-class mail and periodicals under part #aba of title #ci1 ,code of ,federal ,regulations1 as in effect on ,june #cj1 #bjab1 to routes on which1 as of ,june #cj1 #bjab1 first-class mail and periodicals were transported under ,alternate ,means of ,transportation contracts with the ,postal ,service4 7#b7 ,restriction on discontinuance of ,alternate ,means of ,transportation contracts ,section #djd of title #ci1 ,united ,states ,code1 as amended by section #cjb1 is amended by adding at the end the following3 7i7 ,alternative ,means of ,transportation contracts 7#a7 ,definition ,in this subsection1 the term covered route means a route on which first-class mail and periodicals are transported under an ,alternate ,means of ,transportation contract4 7#b7 ,requirements before changing to other means of transportation ,the ,postal ,service1 prior to making a determination under subsection 7a77#a7 to transport first-class mail or periodicals on a covered route using a means other than under an ,alternate ,means of ,transportation contract1 shall consider-- 7,a7 the effect of the change on-- 7i7 each community served by the covered route2 7ii7 businesses1 including small businesses1 in the area served by the covered route2 and 7iii7 employees of the ,postal ,service involved in transportation on the covered route2 7,b7 whether the change is consistent with the policy of the ,government1 as stated in section #aja7;b71 that the ,postal ,service shall provide a maximum degree of effective and regular postal services to rural areas1 communities1 and small towns where post offices are not self-sustaining2 7,c7 the extent to which each community served by the covered route lacks access to ,internet service2 7,d7 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 communications2 7,e7 whether substantial economic savings to the ,postal ,service would result from the change2 7,f7 the average daily volume of mail transported on the covered route2 7,g7 any change in the volume of mail transported on the covered route during the preceding #ab months2 7,h7 the capacity of available transportation service providers to meet the volume needs of the ,postal ,service on the covered route2 7,i7 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 route2 7,j7 the impact of the change on postal facilities 7as that term is defined in subsection 7f77 that use the covered route2 7,k7 the ability of postal facilities described in subparagraph 7,j7 to continue to provide service that complies with applicable service standards after the change2 and 7,l7 any other factors that the ,postal ,service determines are necessary4 7#c7 ,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-- 7,a7 be in writing2 7,b7 include the findings of the ,postal ,service with respect to the considerations required to be made under paragraph 7#b72 and 7,c7 be made available by public notice to persons served by the covered route4 7#d7 ,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 #fj days after the date on which the ,postal ,service makes available to persons served by the covered route a written determination under paragraph 7#c74 4 7#c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,postal ,service shall submit to ,congress a report on potential cost savings resulting from any decision made during the #b-year period beginning on the date of enactment of this ,act-- 7,a7 to transport first-class mail or periodicals on a covered route 7as defined in section #djd7;i77#a7 of title #ci1 ,united ,states ,code1 as added by this section7 using a means other than under an ,alternate ,means of ,transportation contract2 or 7,b7 to discontinue a post office4 #bjb4 ,preserving mail processing capacity2 review of discontinuances1 closings1 and consolidations 7a7 ,moratorium on closing or consolidation of postal facilities ,the ,postal ,service may not close or consolidate any postal facility 7as that term is defined in section #djd7;f7 of title #ci1 ,united ,states ,code1 as added by this section7 that was open as of ,october #a1 #bjac until the later of-- 7#a7 the date that is #b years after the date of enactment of this ,act2 or 7#b7 the date that is #a year after the date on which the ,comptroller ,general of the ,united ,states submits the report on delivery service standards required under section #bja7;b77#b74 7b7 ,procedures for closing or consolidation of postal facilities ,section #djd of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,closing or consolidation of certain postal facilities 7#a7 ,definition ,in this subsection1 the term postal facility means a processing and distribution center1 processing and distribution facility1 network distribution center1 or other facility that is operated by the ,postal ,service1 the primary function of which is to sort and process mail4 7#b7 ,area mail processing studies 7,a7 ,applicability ,in this paragraph-- 7i7 the term area mail processing study means an area mail processing feasibility study described in section #b-a of ,handbook ,,po-#djh of the ,postal ,service1 entitled ,area ,mail ,processing ,guidelines1 as in effect on ,october #a1 #bjac2 7ii7 the term closing1 with respect to a covered postal facility1 means the transfer of all incoming and outgoing mail sortation and processing operations of the covered postal facility to a different covered postal facility2 7iii7 the term consolidate1 with respect to a covered postal facility1 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 facility2 and 7iv7 the term covered postal facility means a postal facility1 the primary function of which is to sort and process first-class mail originating or designating within a defined geographic area4 7,b7 ,new area mail processing studies ,before making a determination under subsection 7a77#c7 as to the necessity for the closing or consolidation of a covered postal facility1 the ,postal ,service shall-- 7i7 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 facility2 and 7ii7 upon completing the study under clause 7i7-- 7,i7 publish the results of the study on the website of the ,postal ,service2 and 7,,ii7 publish a notice that the study is complete and the results of the study are available to the public1 including on the website of the ,postal ,service4 7,c7 ,completed or ongoing area mail processing studies 7i7 ,in general ,in the case of a covered postal facility described in clause 7ii71 the ,postal ,service shall-- 7,i7 consider a plan to reduce the capacity of the covered postal facility without closing the covered postal facility2 and 7,,ii7 publish the results of the consideration under subclause 7,i7 with or as an amendment to the area mail processing study relating to the covered postal facility4 7ii7 ,postal facilities ,a covered postal facility described in this clause is a covered postal facility-- 7,i7 for which1 as of the date of enactment of this subsection1 an area mail processing study-- 7aa7 has been completed but does not include a plan to reduce the capacity of the covered postal facility without closing the covered postal facility2 or 7bb7 is in progress2 and 7,,ii7 which1 as of the date of enactment of this subsection1 has not been closed or consolidated4 7#c7 ,notice1 public comment1 and public hearing ,if the ,postal ,service makes a determination under subsection 7a77#c7 to close or consolidate a postal facility1 the ,postal ,service shall-- 7,a7 provide notice of the determination to-- 7i7 ,congress2 and 7ii7 the ,postal ,regulatory ,commission2 7,b7 provide adequate public notice of the intention of the ,postal ,service to close or consolidate the postal facility2 7,c7 ensure that interested persons have an opportunity to submit public comments during a #de-;day period after the ,postal ,service provides the notice of intention under subparagraph 7,b72 7,d7 before the #de-;day period described in subparagraph 7,c71 provide public notice of the opportunity under subparagraph 7,c7 to submit public comments during that period by-- 7i7 publication on the website of the ,postal ,service2 7ii7 posting at the affected postal facility2 and 7iii7 publicizing the date and location of the public community meeting under subparagraph 7,e72 and 7,e7 during the #de-;day period described in subparagraph 7,c71 conduct a public meeting that provides an opportunity for comments to be submitted verbally or in writing4 7#d7 ,further considerations ,the ,postal ,service1 in making a determination under subsection 7a77#c7 to close or consolidate a postal facility1 shall consider-- 7,a7 the views presented by interested persons under paragraph 7#c72 7,b7 the effect of the closing or consolidation on the affected community1 including the impact the closing or consolidation may have on a ,state1 region1 or locality2 7,c7 the effect of the closing or consolidation on the travel times and distances for affected customers to access services under the proposed closing or consolidation2 7,d7 the effect of the closing or consolidation on delivery times for all classes of mail and packages2 7,e7 any characteristics of certain geographical areas1 such as remoteness1 broadband internet availability with a lower rates of access than the average rate of access in other geographical areas of the ,united ,states1 and weather-related obstacles1 that may result in the closing or consolidation having a unique effect2 7,f7 the effect of the closing or consolidation on small businesses in the area1 including shipping and communications with customers and suppliers and the corresponding impact on revenues1 operations1 and growth2 7,g7 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 economy2 7,h7 the ability of the ,postal ,service to maintain a safe working environment at each postal facility that1 as a result of the closing or consolidation1 would process the mail that had been processed by the closed or consolidated postal facility1 including by examining-- 7i7 the capacity of each affected postal facility to process a greater volume of mail2 7ii7 the ability of the workforce at each affected postal facility to handle a larger workload2 and 7iii7 whether the ,postal ,service would need to hire additional employees at affected postal facilities to process the increased volume of mail2 7,i7 the extent to which the ,postal ,service can take action to mitigate significant negative impacts identified through the considerations under this paragraph2 and 7,j7 any other factor the ,postal ,service determines is necessary4 7#e7 ,notice of final determination2 justification statement ,if the ,postal ,service determines to close or consolidate a postal facility1 the ,postal ,service shall post on the website of the ,postal ,service-- 7,a7 notice of the final determination to close or consolidate the postal facility2 and 7,b7 a closing or consolidation justification statement that includes-- 7i7 a response to the public comments received with respect to the considerations described under paragraph 7#d72 7ii7 a description of the considerations made by the ,postal ,service under paragraph 7#d72 and 7iii7 the actions that the ,postal ,service will take to mitigate any significant negative effects identified under paragraph 7#d74 7#f7 ,closing or consolidation of postal facilities 7,a7 ,in general ,not earlier than #ae days after the date on which the ,postal ,service posts notice of a final determination and a justification statement under paragraph 7#e7 with respect to a postal facility1 the ,postal ,service may close or consolidate the postal facility4 7,b7 ,alternative intake of mail ,if the ,postal ,service closes or consolidates a postal facility under subparagraph 7,a71 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 facility4 7#g7 ,protection of certain information ,nothing in this subsection shall be construed to require the ,postal ,service to disclose any-- 7,a7 proprietary data2 7,b7 information relating to the security of a postal facility2 or 7,c7 information that is exempt from disclosure under section #eeb of title #e4 7#h7 ,postal ,regulatory ,commission appeals 7,a7 ,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 #cj days after the date on which the determination is posted on the ,postal ,service website under paragraph 7#e74 7,b7 ,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 determination4 7,c7 ,deadline for ,commission determination ,the ,commission shall make a determination based upon a review conducted under subparagraph 7,b7 not later than #ij days after the date on which the ,commission receives the appeal of the determination under subparagraph 7,a74 7,d7 ,bases for setting aside ,postal ,service determinations ,in making a determination under subparagraph 7,c71 the ,commission shall set aside any determination1 finding1 or conclusion of the ,postal ,service that the ,commission determines-- 7i7 is arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with the law2 7ii7 is without observance of the procedures required under this subsection or any other applicable law2 or 7iii7 is unsupported by substantial evidence on the record4 7,e7 ,option to affirm or remand ,the ,commission-- 7i7 may affirm a determination of the ,postal ,service appealed under this paragraph or order that the entire matter be returned for further consideration2 and 7ii7 may not modify the determination of the ,postal ,service4 7,f7 ,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 appeal4 7,g7 ,applicability of other laws ,the provisions of section #eef1 section #eeg1 and chapter #g of title #e shall not apply to any review carried out by the ,commission under this paragraph4 7,h7 ,date of receipt of appeal ,for purposes of subparagraph 7,a71 any appeal received by the ,commission shall-- 7i7 if sent to the ,commission through the mails1 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 mailed2 or 7ii7 if otherwise lawfully delivered to the ,commission1 be considered to have been received on the date determined based on any appropriate documentation or other indicia 7as determined under regulations of the ,commission74 4 #bjc4 ,preserving community post offices ,section #djd7;d7 of title #ci1 ,united ,states ,code1 is amended-- 7#a7 by striking 7#f7 ,for purposes of paragraph 7#e7 and inserting the following3 7#h7 ,date of receipt of appeals ,for purposes of paragraph 7#g7 2 7#b7 by striking 7#e7 ,a determination and inserting the following3 7#g7 ,appeals ,a determination 2 7#c7 by striking 7d77#a7 ,the ,postal ,service and all that follows through the end of paragraph 7#d7 and inserting the following3 7d7 ,discontinuance of post offices 7#a7 ,definitions ,in this subsection-- 7,a7 the term discontinuance has the meaning given the term in section #bda4c of title #ci1 ,code of ,federal ,regulations1 as in effect on ,november #a1 #bjac2 7,b7 the term local government means-- 7i7 a county1 municipality1 city1 town1 township1 local public authority1 special district1 intrastate district1 council of government1 or regional or interstate government entity2 7ii7 an agency or instrumentality of an entity described in clause 7i72 or 7iii7 a rural community1 an unincorporated town or village1 or an instrumentality of a rural community or an unincorporated town or village2 7,c7 the term post office means a post office1 post office branch1 post office classified station1 or other facility that is operated by the ,postal ,service1 the primary function of which is to provide retail postal services2 and 7,d7 the term rural post office means a post office that is-- 7i7 in a rural area1 as defined by the ,census ,bureau2 and 7ii7 within the ,k or ,l cost ascertainment grouping1 as classified by the ,postal ,service4 7#b7 ,preliminary considerations ,the ,postal ,service1 prior to making a determination under subsection 7a77#c7 of this section as to the necessity for the discontinuance of any post office1 and1 with respect to a determination to discontinue a rural post office1 prior to making the determinations required under paragraph 7#e71 shall-- 7,a7 consider whether-- 7i7 to discontinue the post office and combine it with another post office located within a reasonable distance2 7ii7 instead of discontinuing the post office-- 7,i7 to reduce the number of hours a day that the post office operates2 or 7,,ii7 to continue operating the post office for the same number of hours a day2 7iii7 to procure a contract providing full1 or less than full1 retail postal services in the community served by the post office2 or 7iv7 to provide postal services to the community served by the post office-- 7,i7 through a letter carrier or by ,alternate ,means of ,transportation delivery contract2 7,,ii7 by colocating postal services at a commercial or government entity2 or 7,,iii7 by implementing an alternative proposal made by a local government under subparagraph 7,b77iii72 7,b7 provide-- 7i7 relevant information on financial costs associated with the operations of the post office to postal customers and local governments served by the post office2 7ii7 postal customers served by the post office an opportunity to present their views1 which may be by nonbinding survey conducted by mail2 and 7iii7 local governments served by the post office an opportunity to present alternative proposals for providing postal services to the community2 and 7,c7 if the ,postal ,service determines to discontinue the post office1 provide adequate public notice of its intention to discontinue the post office at least #fj days prior to the proposed date of the discontinuance to persons and local governments served by the post office4 7#c7 ,considerations ,the ,postal ,service1 in making a determination whether or not to discontinue a post office-- 7,a7 shall consider-- 7i7 the effect of the discontinuance on the community served by the post office2 7ii7 the effect of the discontinuance on businesses1 including small businesses1 in the area2 7iii7 the effect of the discontinuance on employees of the ,postal ,service employed at the post office2 7iv7 whether the discontinuance would have a significant adverse effect on regular postal services to rural areas1 communities1 and small towns where post offices are not self-sustaining2 7v7 the extent to which the community served by the post office lacks access to ,internet1 broadband1 or cellular telephone service2 7vi7 the extent to which postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items1 such as prescription drugs and time-sensitive communications2 7vii7 the proximity and accessibility of other post offices2 7viii7 whether substantial economic savings to the ,postal ,service would result from the discontinuance2 and 7ix7 any other factors that the ,postal ,service determines are necessary2 and 7,b7 may not consider compliance with any provision of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq474 7#d7 ,written determination and findings 7,a7 ,in general ,any determination of the ,postal ,service to discontinue a post office shall-- 7i7 be in writing2 7ii7 include the findings of the ,postal ,service with respect to the considerations required to be made under paragraph 7#c72 and 7iii7 with respect to a determination to discontinue a rural post office1 include a summary of the determinations required under paragraph 7#e74 7,b7 ,availability of findings ,the ,postal ,service shall make available1 to persons served by a post office that the ,postal ,service determines to discontinue1 any determination and findings under subparagraph 7,a7 with respect to that post office4 7,c7 ,notice before discontinuance ,the ,postal ,service may not take any action to discontinue a post office until #fj days after the date on which the ,postal ,service makes available1 to persons served by the post office1 the written determination and findings with respect to the post office as required under subparagraph 7,b74 7#e7 ,rural post offices 7,a7 ,moratorium on discontinuance of rural post offices ,the ,postal ,service may not discontinue a rural post office during the #a-year period beginning on the date of enactment of the ,postal ,reform ,act of #bjad4 7,b7 ,requirements for discontinuance of rural post offices ,the ,postal ,service may not make a determination under subsection 7a77#c7 to discontinue a rural post office unless the ,postal ,service-- 7i7 7,i7 determines that postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items1 such as prescription medications and time-sensitive communications1 that are sent through the mails2 or 7,,ii7 takes action to substantially ameliorate any projected reduction in access to essential items described in subclause 7,i72 and 7ii7 determines that-- 7,i7 there is unlikely to be substantial economic loss to the community served by the post office as a result of the discontinuance2 7,,ii7 the area served by the post office has adequate access to broadband ,internet service1 as identified on the ,national ,broadband ,map of the ,national ,telecommunications and ,information ,administration2 and 7,,iii7 there is a road with year-round access connecting the community to another post office that is within #aj miles from the post office proposed to be discontinued4 7,c7 ,study and ,report 7i7 ,study ,the ,inspector ,general shall conduct a study after the discontinuance of a rural post office under this section1 which shall include-- 7,i7 the actual cost savings resulting from the discontinuance2 and 7,,ii7 a comparison between the findings described in subclause 7,i7 and the cost savings that the ,postal ,service predicted would result from the discontinuance4 7ii7 ,report ,not later than #b years after the date of the discontinuance of a rural post office under this section1 the ,inspector ,general shall submit a report on the findings of the study conducted under clause 7i7 with respect to the rural post office to-- 7,i7 the ,postal ,regulatory ,commission2 7,,ii7 the ,board of ,governors2 7,,iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,iv7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,v7 the ,member of the ,house of ,representatives in whose district the rural post office was located2 and 7,,vi7 the ,senators in whose ,state the rural post office was located4 7iii7 ,sunset ,this subparagraph is repealed effective #aj years after the date of enactment of the ,postal ,reform ,act of #bjad4 7#f7 ,reductions in hours of operation 7,a7 ,considerations ,the ,postal ,service1 prior to making a determination under paragraph 7#b77;,a77ii77,i7 to reduce the number of hours per day that a post office operates1 shall consider-- 7i7 the impact of the proposed reduction in hours on local businesses2 7ii7 the effect of the proposed reduction in hours on the community served by the post office2 7iii7 the ability of the ,postal ,service to hire qualified employees to operate the post office during the reduced hours2 7iv7 the proximity and accessibility of other post offices within #ae miles of the post office1 and the hours those post offices are open2 7v7 the impact of the proposed reduction in hours on the elderly and other vulnerable populations2 and 7vi7 the impact of alternative schedules on the community served by the post office1 including consideration of which schedules would most effectively mitigate any negative impacts identified under clauses 7i7 through 7v74 7,b7 ,findings ,if the ,postal ,service determines1 after considering the factors under subparagraph 7,a71 to reduce the number of hours per day that a post office operates1 the ,postal ,service shall make available to persons served by the post office-- 7i7 a summary of the findings of the ,postal ,service under subparagraph 7,a72 7ii7 the hours during which the post office will be open2 and 7iii7 an explanation of the change in hours referred to in clause 7ii74 2 7#d7 in paragraph 7#g71 as so designated-- 7,a7 by striking close or consolidate and inserting discontinue2 7,b7 by striking under paragraph 7#c7 and inserting under paragraph 7#d72 7,c7 by moving subparagraphs 7,a71 7,b71 and 7,c7 #b ems to the right2 and 7,d7 by moving the flush text following subparagraph 7,c7 #b ems to the right2 7#e7 in paragraph 7#h71 as so designated1 by moving subparagraphs 7,a7 and 7,b7 #b ems to the right2 and 7#f7 by adding at the end the following3 7#i7 ,minimum retail standards ,the ,postal ,service shall establish minimum standards for retail postal services4 4 #bjd4 ,changes to mail delivery schedule 7a7 ,limitation on change in schedule 7#a7 ,in general ,the ,postal ,service may establish a general1 nationwide delivery schedule of #e days per week to street addresses under the authority of the ,postal ,service under title #ci1 ,united ,states ,code-- 7,a7 if the ,postal ,service determines that such a delivery schedule would contribute to the achievement of long-term solvency2 and 7,b7 at any time after the total mail volume during any period of #d consecutive quarters1 beginning with the first full quarter after the date of enactment of this ,act1 is less than #adj1jjj1jjj1jjj pieces1 as reported in the ,form #aj-,q quarterly reports filed by the ,postal ,service with the ,commission under section #cfed7;a77#a77;,a7 of title #ci1 ,united ,states ,code4 7#b7 ,continuation of authority ,if each condition under subsection 7a77#a7 is satisfied1 the fact that total mail volume during any period of #d consecutive quarters1 after the first quarter of the period described in subsection 7a77#a77;,b71 exceeds #adj1jjj1jjj1jjj pieces shall not affect the continued authority of the ,postal ,service to establish or maintain a nationwide delivery schedule of #e days per week4 7#c7 ,limitation ,notwithstanding any other provision of this subsection or subsection 7d77#c71 the ,postal ,service may not establish a nationwide delivery schedule of #e days per week earlier than ,october #a1 #bjag4 7b7 ,implementation ,if the ,postal ,service intends to establish a change in delivery schedule under subsection 7a71 the ,postal ,service shall-- 7#a7 identify customers and communities for whom the change may have a disproportionate1 negative impact1 including small business customers1 the elderly1 those who live in locations without access to broadband ,internet service1 and the customers identified as particularly affected in the ,advisory ,opinion on ,elimination of ,saturday ,delivery issued by the ,commission on ,march #bd1 #bjaa2 7#b7 develop measures to ameliorate any disproportionately negative impact the change would have on customers and communities identified under paragraph 7#a72 7#c7 implement measures to increase revenue and reduce costs1 including the measures authorized under this ,act and the amendments made by this ,act2 7#d7 evaluate whether any increase in revenue or reduction in costs1 or anticipated increase in revenue or reduction in costs1 resulting from the measures implemented under paragraph 7#c7 are sufficient to allow the ,postal ,service1 without implementing a change in delivery schedule under subsection 7a71 to achieve long-term solvency2 and 7#e7 not earlier than #b years and not later than #f months before the effective date for any proposed change1 submit a report that includes the determination required under subsection 7a77#a7 and details any measures developed or implemented pursuant to paragraph 7#b7 or 7#c7 of this subsection to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,c7 the ,commission2 and 7,d7 the ,comptroller ,general of the ,united ,states4 7c7 ,,gao report ,not later than #c months after the date on which the ,comptroller ,general receives the report submitted by the ,postal ,service under subsection 7b77#e71 the ,comptroller ,general shall submit to the ,postal ,service1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report evaluating the extent to which-- 7#a7 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 solvency1 taking into consideration other ongoing and planned efforts to increase revenue and reduce costs1 consistent with the requirements under this ,act2 and 7#b7 the ,postal ,service has complied with each of the requirements under subsection 7b74 7d7 ,postal ,service response to ,,gao report 7#a7 ,in general ,the ,postal ,service shall review the report submitted by the ,comptroller ,general under subsection 7c7 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-- 7,a7 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 solvency2 or 7,b7 the ,postal ,service has not complied with each of the requirements under subsection 7b74 7#b7 ,contents of response ,a response by the ,postal ,service under paragraph 7#a7 shall include-- 7,a7 a statement regarding whether the ,postal ,service agrees with each finding of the ,comptroller ,general described in subparagraph 7,a7 or 7,b7 of paragraph 7#a72 7,b7 a statement regarding whether the ,postal ,service intends to reevaluate whether to establish a change in delivery schedule under subsection 7a7 based on the overall findings of the ,comptroller ,general2 and 7,c7 if the ,postal ,service intends to establish the proposed change in delivery schedule1 the justification of the ,postal ,service for doing so in light of the findings of the ,comptroller ,general4 7#c7 ,prohibition on implementation of change in delivery schedule ,the ,postal ,service may not implement a change in delivery schedule under subsection 7a7 until #fj days after the date on which the ,postal ,service submits the response required under paragraph 7#b74 7e7 ,rules of construction ,nothing in this section shall be construed to-- 7#a7 require the decrease or increase in delivery frequency for any route for which the ,postal ,service provided delivery on fewer than #f days per week as of the date of enactment of this ,act2 7#b7 require that the ,postal ,service deliver mail on ,federal holidays2 7#c7 authorize any change in-- 7,a7 the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities2 or 7,b7 the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities2 7#d7 require any change in the frequency of delivery to a post office box2 7#e7 prohibit the collection or delivery of a competitive mail product on a weekend1 a recognized ,federal holiday1 or any other specific day of the week2 7#f7 prohibit the ,postal ,service from exercising its authority to make changes to processing or retail networks2 or 7#g7 confer a cause of action1 either express or implied4 7f7 ,packages ,notwithstanding any other provision of this section1 for a period of not less than #e years1 beginning on the date of enactment of this ,act1 the ,postal ,service shall provide package service-- 7#a7 #f days per week to each street address that was eligible to receive package service #f days per week1 and to each new street address that is located in an area that was eligible to receive package service #f days per week1 as of ,october #a1 #bjac2 and 7#b7 #g days per week to each street address for which the ,postal ,service determines that such service provides an economic benefit to the ,postal ,service4 7g7 ,mailbox access ,if the ,postal ,service establishes a general1 nationwide delivery schedule of #e days per week consistent with the provisions of this section1 the ,postal ,service shall amend the ,mailing ,standards of the ,united ,states1 ,domestic ,mail ,manual to ensure that the provisions of section #ejh4c4b4aj of such manual1 as in effect on ,october #a1 #bjac1 shall apply on any day on which the ,postal ,service does not deliver the mail under the established delivery schedule4 7h7 ,study of environmental impact of #e-;day delivery ,not later than #ahj days after the date of enactment of this ,act1 the ,chief ,sustainability ,officer of the ,postal ,service shall-- 7#a7 conduct a study that assesses the environmental impact of moving to a nationwide delivery schedule of #e days per week1 which shall include the impact on green house gas emissions1 facility energy use1 and transportation fuel use2 and 7#b7 publish the results of the study conducted under paragraph 7#a7 on the website of the ,postal ,service4 #bje4 ,delivery point modernization 7a7 ,in general ,subchapter ,,vii of chapter #cf of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cfib4 ,delivery point modernization 7a7 ,definitions ,in this section1 the following definitions shall apply3 7#a7 ,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 location4 7#b7 ,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 curb1 at a road1 or at a curb4 7#c7 ,delivery point ,the term delivery point means a mailbox or other receptacle to which mail is delivered4 7#d7 ,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 7as defined under regulations1 directives1 or other guidance of the ,postal ,service74 7#e7 ,door delivery ,the term door delivery-- 7,a7 means a primary mode of mail delivery whereby mail is-- 7i7 delivered to a mail receptacle at or near a postal customer's door2 or 7ii7 hand-delivered to a postal customer2 and 7,b7 does not include curbside or centralized delivery4 7#f7 ,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 customer4 7b7 ,policy ,except as otherwise provided in this section1 including paragraphs 7#d7 and 7#e7 of subsection 7c71 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 ,service4 7c7 ,conversion to other delivery modes 7#a7 ,new addresses ,except as provided in paragraphs 7#d7 and 7#e71 the ,postal ,service shall provide centralized delivery to new addresses established after the date of enactment of the ,postal ,reform ,act of #bjad1 or if centralized delivery is not practicable shall provide curbside delivery4 7#b7 ,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 #bjad to centralized delivery or to curbside delivery4 7#c7 ,residential address conversion 7,a7 ,identification ,not later than #i months after the date of enactment of the ,postal ,reform ,act of #bjad1 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 delivery1 in accordance with standards established by the ,postal ,service4 7,b7 ,voluntary conversion ,not later than #a year after the date of enactment of the ,postal ,reform ,act of #bjad1 and consistent with subsection 7b7 and paragraph 7#d71 the ,postal ,service shall begin implementation of a program to convert1 on a voluntary basis1 the addresses identified under subparagraph 7,a7 from door delivery to a more cost-effective primary mode of delivery4 7,c7 ,procedures ,in pursuing conversion under subparagraph 7,b71 the ,postal ,service shall establish procedures to-- 7i7 solicit and consider input from postal customers1 ,state and local governments1 local associations1 and property owners2 and 7ii7 place centralized delivery points in locations that maximize delivery efficiency1 ease of use for postal customers1 and respect for private property rights4 7#d7 ,exceptions ,in establishing a primary mode of mail delivery for new addresses under paragraph 7#a7 or converting the primary mode of mail delivery for an address under paragraph 7#b7 or 7#c71 the ,postal ,service may provide door delivery if-- 7,a7 a physical barrier precludes the efficient provision of centralized delivery or curbside delivery2 7,b7 the address is located in a registered historic district1 as that term is defined in section #dg7;c77#c77;,b7 of the ,internal ,revenue ,code of #aihf2 or 7,c7 the ,postal ,service determines that the provision of centralized delivery or curbside delivery would be impractical1 would not be cost effective1 or would not be in the best long-term interest of the ,postal ,service4 7#e7 ,waiver for physical hardship 7,a7 ,in general ,the ,postal ,service shall establish and maintain a waiver program under which1 upon the application of a postal customer1 door delivery may be continued or provided to a delivery point if-- 7i7 centralized delivery or curbside delivery would1 but for this paragraph1 be the primary mode of mail delivery for the delivery point2 and 7ii7 a physical hardship prevents the postal customer from receiving his or her mail through any other form of mail delivery4 7,b7 ,publicity2 simplicity ,in establishing and maintaining the waiver program under subparagraph 7,a71 the ,postal ,service shall-- 7i7 publicize the waiver program2 and 7ii7 provide a simple application process for participation in the waiver program4 7,c7 ,postal ,service discretion ,nothing in this paragraph shall be construed to-- 7i7 prohibit the ,postal ,service from requiring evidence of a physical hardship in an appropriate case2 or 7ii7 require the ,postal ,service to require evidence of a physical hardship in any case4 7,d7 ,no fees for application or door delivery ,in establishing and maintaining the waiver program under subparagraph 7,a71 the ,postal ,service may not charge a postal customer any fee to-- 7i7 apply for a waiver2 or 7ii7 upon the granting of a waiver by the ,postal ,service1 receive mail through door delivery4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,vii of chapter #cf of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #cfib4 ,delivery point modernization4 4 #bjf4 ,postal services for market-dominant products 7a7 ,in general ,strike section #cffa of title #ci1 ,united ,states ,code1 and insert the following3 #cffa4 ,postal services for market-dominant products 7a7 ,general obligation ,the ,postal ,service shall develop and promote adequate and efficient postal services with respect to its market-dominant products4 7b7 ,proposed changes for market-dominant products 7#a7 ,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 basis1 the ,postal ,service shall submit a proposal to the ,postal ,regulatory ,commission requesting an advisory opinion on the change4 7#b7 ,advisory opinion ,upon receipt of a proposal under paragraph 7#a71 the ,postal ,regulatory ,commission shall-- 7,a7 provide notice and an opportunity for public comment and a public hearing on the proposal2 and 7,b7 issue an advisory opinion not later than-- 7i7 #ij days after the date on which the ,postal ,regulatory ,commission receives the proposal2 or 7ii7 a date that the ,postal ,regulatory ,commission and the ,postal ,service may determine jointly4 7#c7 ,response to opinion ,the ,postal ,service shall submit to the ,president and to ,congress a response to an advisory opinion issued under paragraph 7#b7 that includes-- 7,a7 a statement of whether the ,postal ,service plans to modify the proposal to address any concerns or implement any recommendations made by the ,commission2 and 7,b7 for any matter that the ,postal ,service determines not to address and any recommendation that the ,postal ,service determines not to implement1 the reasons for the determination4 7#d7 ,action on proposal ,the ,postal ,service may take action regarding a proposal submitted under paragraph 7#a7-- 7,a7 on or after the date on which the ,postal ,service submits the response required under paragraph 7#c72 7,b7 on or after a date that the ,postal ,regulatory ,commission and the ,postal ,service may determine jointly2 or 7,c7 after the date described in paragraph 7#b77;,b71 if-- 7i7 the ,postal ,regulatory ,commission fails to issue an advisory opinion on or before the date described in paragraph 7#b77;,b72 and 7ii7 the action is not otherwise prohibited under ,federal law4 7#e7 ,modification of timeline ,at any time1 the ,postal ,service and the ,postal ,regulatory ,commission may jointly redetermine a date determined under paragraph 7#b77;,b77ii7 or 7#d77;,b74 7c7 ,limitation 7#a7 ,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 products4 7#b7 ,hybrid changes ,for a change that affects the nature of service provided for both market-dominant products and competitive products1 only the effect on market-dominant products shall be subject to this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking the item relating to section #cffa and inserting the following3 #cffa4 ,postal services for market-dominant products4 4 #bjg4 ,report on pilot program for use of natural gas and propane for postal trucks ,not later than #ahj days after the date of enactment of this ,act1 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 trucks1 in addition to natural gas-fueled vehicles already in the postal fleet1 as a fuel cost-saving measure4 #bjh4 ,capitol ,complex post offices 7a7 ,house of ,representatives 7#a7 ,in general ,the ,postal ,service shall not maintain or operate more than #a post office in the ,united ,states ,capitol ,complex1 as defined in section #caj7;a77#c77;,b7 of the ,legislative ,branch ,appropriations ,act1 #aiij 7#b ,u4,s4,c4 #bagb7;a77#c77;,b771 which shall be located in a ,house ,office ,building4 7#b7 ,closing of capitol post offices ,the ,postal ,service shall close any post office in the ,united ,states ,capitol ,complex1 as defined in section #caj7;a77#c77;,b7 of the ,legislative ,branch ,appropriations ,act1 #aiij 7#b ,u4,s4,c4 #bagb7;a77#c77;,b771 not permitted under this subsection1 without regard to the requirements under section #djd7;d7 of title #ci1 ,united ,states ,code4 7b7 ,senate 7#a7 ,in general ,the ,sergeant at ,arms and ,doorkeeper of the ,senate may not enter into1 modify1 or renew a contract with the ,postal ,service to maintain or operate more than #a post office in a ,senate ,office ,building4 7#b7 ,existing contracts ,nothing in paragraph 7#a7 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 ,act4 #bji4 ,lawful possession of firearms in post office parking lots 7a7 ,definitions ,in this section-- 7#a7 the term nonpublic area1 with respect to a postal facility1 means any area of the facility that is-- 7,a7 accessible exclusively to authorized personnel for the performance of official postal functions1 as determined by the ,postmaster ,general2 and 7,b7 not accessible to the general public2 7#b7 the term parking lot1 with respect to a post office-- 7,a7 means any lot or structure-- 7i7 the principal purpose of which is the parking of vehicles to allow the general public to access the post office2 and 7ii7 that is owned or leased by the ,postal ,service2 7,b7 does not include street parking2 and 7,c7 does not include parking lots for other ,federal facilities or ,federal court facilities 7as those terms are defined in section #icj7;g77#c7 of title #ah1 ,united ,states ,code72 7#c7 the term post office has the meaning given the term in section #djd7;d7 of title #ci1 ,united ,states ,code1 as added by this ,act2 and 7#d7 the term postal facility means any facility owned or leased by the ,postal ,service4 7b7 ,lawful purpose ,the ,postal ,service shall consider the lawful carrying or storing of a firearm in a parking lot of a post office1 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 serves1 to be a lawful purpose for purposes of section #icj7;d77#c7 of title #ah1 ,united ,states ,code4 7c7 ,code of ,federal ,regulations ,the ,postal ,service shall amend section #bcb4a of title #ci1 ,code of ,federal ,regulations1 to specify that-- 7#a7 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 office2 and 7#b7 carrying or storing a firearm in a parking lot of a post office1 in accordance with paragraph 7#a71 shall be considered a lawful purpose under section #icj7;d77#c7 of title #ah1 ,united ,states ,code4 7d7 ,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 section4 7e7 ,rules of construction 7#a7 ,in general ,nothing in this section shall be construed to limit the authority of the ,postmaster ,general to establish-- 7,a7 workplace rules for employees of the ,postal ,service2 or 7,b7 regulations relating to nonpublic areas of postal facilities4 7#b7 ,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 7b7 with respect to any property that is not a post office or postal property4 ,,iii ,postal ,service revenue #cja4 ,postal rates 7a7 ,modern rate system 7#a7 ,in general ,chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking section #cfbb and inserting the following3 #cfbb4 ,modern rate system 7a7 ,authority generally 7#a7 ,board of ,governors ,the ,board may1 acting in accordance with this section1 establish1 and from time to time thereafter revise1 a system of rates and classes for market-dominant products 7referred to in this section as the system71 consistent with the requirements under this section4 7#b7 ,no delegation ,the authority under this section may not be delegated to the ,postmaster ,general or to any other individual or entity4 7b7 ,objectives ,the system shall be designed to achieve the following objectives1 each of which shall be applied in conjunction with the others3 7#a7 ,to maximize incentives for the ,postal ,service to reduce costs and increase efficiency4 7#b7 ,to create predictability and stability in rates4 7#c7 ,to maintain high quality service standards established under section #cfia4 7#d7 ,to assure adequate revenues and maintain the financial stability of the ,postal ,service4 7#e7 ,to establish and maintain a just and reasonable schedule for rates and classifications1 however the objective under this paragraph shall not be construed to prohibit the ,postal ,service from making changes of unequal magnitude within1 between1 or among classes of mail4 7#f7 ,to allocate the total institutional costs of the ,postal ,service appropriately between market-dominant and competitive products1 in accordance with regulations promulgated by the ,postal ,regulatory ,commission 7referred to in this section as the ,commission7 under section #cfcc4 7c7 ,factors ,in establishing or revising the system1 the ,board and the ,commission shall take into account-- 7#a7 the value of the mail service provided through each class or type of mail service to both the sender and the recipient1 including the educational1 cultural1 scientific1 and informational value2 7#b7 the direct and indirect postal costs attributable to each class or type of mail service2 7#c7 the effect of rate increases upon ,postal ,service customers2 7#d7 the available alternative means of sending and receiving letters and other mail matter2 7#e7 the simplicity of structure for the entire schedule and simple1 identifiable relationships between the rates or fees charged the various classes of mail for postal services2 and 7#f7 the policies of this title as well as such other factors as the ,board or the ,commission determines appropriate4 7d7 ,adjustments consistent with system 7#a7 ,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-- 7,a7 not later than-- 7i7 #ij days before the implementation of any rate or class adjustment that affects all or substantially all market-dominant products2 and 7ii7 #de days before the implementation of any other rate or class adjustment2 and 7,b7 to-- 7i7 the public1 including by-- 7,i7 publication in the ,federal ,register2 and 7,,ii7 posting on the website of the ,postal ,service2 and 7ii7 the ,commission4 7#b7 ,public comment ,the ,board shall solicit and receive public comments on any proposed rate or class adjustment1 and shall take such comments into account in making its final determination as to a rate or class adjustment4 7#c7 ,final decision ,not later than #aj days before the implementation of a rate or class adjustment1 the ,board shall issue a final decision on the adjustment which shall-- 7,a7 be published in the ,federal ,register and posted on the website of the ,postal ,service2 and 7,b7 include an explanation responding to all relevant comments received4 7#d7 ,commission review 7,a7 ,in general ,any adjustment made by the ,board under this section shall be subject to review by the ,commission under section #cffb4 7,b7 ,application of section #cffb ,in a review described in subparagraph 7,a71 section #cffb shall be applied by substituting ,board of ,governors for ,postal ,service where applicable4 7e7 ,rate base ,the rates for market-dominant products in effect on the date of enactment of the ,postal ,reform ,act of #bjad1 including any rates adjusted under this section on an expedited basis due to either extraordinary or exceptional circumstances1 shall remain in effect unless adjusted in accordance with this section4 7f7 ,limitations on rate adjustments 7#a7 ,applicability of limitations ,the limitations under this subsection shall remain in effect unless revised or eliminated under subsection 7g74 7#b7 ,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 #ab-month period preceding the date the ,board provides notice of its intention to increase rates4 7#c7 ,conditions 7,a7 ,classes of mail ,the ,board shall ensure that the annual percentage change in rates under this section for a class of mail1 as defined in the ,domestic ,mail ,classification ,schedule 7as in effect on the date of enactment of the ,postal ,accountability and ,enhancement ,act71 does not exceed the annual limitation under paragraph 7#b7 by more than #b percentage points4 7,b7 ,use of unused rate adjustment authority 7i7 ,definition ,in this subparagraph1 the term unused rate adjustment authority means the difference between-- 7,i7 the maximum amount of a rate adjustment that the ,board is authorized to make in any year subject to the annual limitation under paragraph 7#b72 and 7,,ii7 the amount of the rate adjustment the ,board actually makes in that year4 7ii7 ,authority ,subject to clause 7iii71 the ,board may use any unused rate adjustment authority for any of the #e years following the year the authority occurred4 7iii7 ,limitations ,in exercising the authority under clause 7ii7 in any year1 the ,governors-- 7,i7 may use unused rate adjustment authority from more than #a year2 7,,ii7 may use any part of the unused rate adjustment authority from any year2 and 7,,iii7 may not exceed the annual limitation under paragraph 7#b7 by more than #b percentage points4 7#d7 ,exception to annual limitation ,notwithstanding the annual limitation under paragraph 7#b71 and provided there is not sufficient unused rate adjustment authority under paragraph 7#c77;,b71 rates may be adjusted on an expedited basis due to either extraordinary or exceptional circumstances1 provided that the ,commission determines1 after notice and opportunity for public comment1 and within #ij days after any request by the ,board1 that such adjustment is reasonable and equitable and necessary to enable the ,postal ,service1 under best practices of honest1 efficient1 and economical management1 to maintain and continue the development of postal services of the kind and quality adapted to the needs of the ,united ,states4 7g7 ,adoption of revisions to system or new system 7#a7 ,board proposal ,not earlier than ,january #a1 #bjag1 and as appropriate thereafter1 the ,board may1 after notice and opportunity for public comment1 submit to the ,commission a proposal for revisions to the system or a new system1 consistent with the objectives under subsection 7b71 taking into account the factors under subsection 7c71 and which may include revision or elimination of the limitations established under subsection 7f74 7#b7 ,final ,commission action ,the ,commission-- 7,a7 shall consider a proposal submitted by the ,board under paragraph 7#a72 and 7,b7 may-- 7i7 adopt the proposal1 without modification2 or 7ii7 reject the proposal4 7h7 ,workshare discounts 7#a7 ,definition ,in this subsection1 the term workshare discount refers to rate discounts provided to mailers for the presorting1 prebarcoding1 handling1 or transportation of mail1 as further defined by the ,board in accordance with subsection 7a74 7#b7 ,scope ,the ,board shall ensure that such discounts do not exceed the cost that the ,postal ,service avoids as a result of workshare activity1 unless-- 7,a7 the discount is-- 7i7 associated with a new postal service1 a change to an existing postal service1 or with a new work share initiative related to an existing postal service2 and 7ii7 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 time2 7,b7 the amount of the discount above costs avoided-- 7i7 is necessary to mitigate rate shock2 and 7ii7 will be phased out over time2 7,c7 the discount is provided in connection with a category of mail consisting exclusively of mail matter of educational1 cultural1 scientific1 or informational value2 or 7,d7 reduction or elimination of the discount would-- 7i7 impede the efficient operation of the ,postal ,service2 7ii7 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 eliminated2 or 7iii7 result in a further increase in the rates paid by mailers not able to take advantage of the discount4 7#c7 ,notice ,whenever a workshare discount is established1 the ,board shall ensure that the notice provided under subsection 7d77#a7 includes-- 7,a7 the reasons for establishing the discount2 7,b7 the data1 economic analyses1 and other information relied on by the ,board to justify the rate2 and 7,c7 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 rate4 7i7 ,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-- 7#a7 is available on public and reasonable terms to similarly situated mailers2 7#b7 either-- 7,a7 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 agreement2 or 7,b7 enhances the performance of mail preparation1 processing1 transportation1 or other functions2 and 7#c7 does not cause-- 7,a7 unfair competitive advantage for the ,postal ,service or mailers eligible for the agreement2 or 7,b7 unreasonable disruption to the volume or revenues of other mailers ineligible for the agreement4 7j7 ,consideration of prior ,commission decisions ,in making any determination under this section1 including the construction and interpretation of the terms used in this section1 the ,board shall give consideration to decisions of the ,commission made prior to the date of enactment of the ,postal ,reform ,act of #bjad1 and shall include an explanation of any deviation from such decisions in the notice required under subsection 7d77#a74 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #ci1 ,united ,states ,code1 is amended by striking the item relating to section #cfbb and inserting the following3 #cfbb4 ,modern rate system4 4 7b7 ,repeal of rate preferences for qualified political committees ,section #cfbf of title #ci1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7e72 7#b7 by redesignating subsections 7f71 7g71 and 7h7 as subsections 7e71 7f71 and 7g71 respectively2 7#c7 by redesignating subsections 7j7 through 7n7 as subsections 7h7 through 7l71 respectively2 and 7#d7 in subsection 7h71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#a77;,d71 by striking subsection 7m77#b7 and inserting subsection 7k77#b72 and 7,b7 in paragraph 7#c77;,b71 by striking subsection 7m7 and inserting subsection 7k74 7c7 ,standard ,post 7#a7 ,definition ,in this subsection1 the term covered package means a ,standard ,post package that-- 7,a7 originates and destinates within the same ,state2 and 7,b7 destinates in a community that is not served by regular overland transportation from the community in which the shipment originates4 7#b7 ,temporary standard post pricing ,notwithstanding section #cfdb of title #ci1 ,united ,states ,code1 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 7#c77;,b71 the ,postal ,service shall deliver covered packages at the rates that were applicable to ,standard ,post on ,january #bg1 #bjac4 7#c7 ,commission study and proceeding 7,a7 ,study ,the ,commission shall conduct a study to determine-- 7i7 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 packages2 and 7ii7 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 items4 7,b7 ,proceeding ,the ,commission shall initiate a proceeding under section #cfdb of title #ci1 ,united ,states ,code1 to determine whether covered packages and any other packages identified under subparagraph 7,a77ii71 if considered as a single product1 would constitute a market dominant product or a competitive product4 7,c7 ,rates ,if the ,commission determines in the proceeding under subparagraph 7,b7 that covered packages constitute a market dominant product1 the rates for covered packages shall be as provided in paragraph 7#b7 until adjusted in accordance with the procedures under section #cfbb of title #ci1 ,united ,states ,code1 applicable to market dominant products4 7,d7 ,information ,the ,postal ,service shall provide the ,commission with such information as may1 in the judgment of the ,commission1 be necessary in order for the ,commission to conduct its study and proceeding under this paragraph4 #cjb4 ,nonpostal services 7a7 ,authorization of new nonpostal services 7#a7 ,in general ,section #djd of title #ci1 ,united ,states ,code1 as amended by this ,act1 is amended-- 7,a7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#f7 through 7#h7 as paragraphs 7#g7 through 7#i71 respectively2 and 7ii7 by inserting after paragraph 7#e7 the following3 7#f7 on and after the date of enactment of the ,postal ,reform ,act of #bjad1 except as provided in subsection 7e7 and subject to subsection 7h7-- 7,a7 to provide other services that are not postal services1 if the provision of such services-- 7i7 uses the processing1 transportation1 delivery1 retail network1 or technology of the ,postal ,service2 7ii7 is consistent with the public interest and demonstrated likely public demand for-- 7,i7 the ,postal ,service1 rather than another entity1 to provide the services2 or 7,,ii7 the ,postal ,service1 in addition to or in partnership with another entity1 to provide the services2 7iii7 would not create unfair competition with the private sector1 taking into consideration the extent to which the ,postal ,service will not1 either by legal obligation or voluntarily1 comply with any ,state or local laws or requirements generally applicable to the provision of such services2 7iv7 does not unreasonably interfere with or detract from the value of postal services1 including-- 7,i7 the cost and efficiency of postal services2 and 7,,ii7 access to postal retail service2 7v7 will be undertaken in accordance with all ,federal laws and regulations applicable to the provision of such services2 and 7vi7 is reasonably expected to improve the net financial position of the ,postal ,service1 based on a market analysis conducted by or on behalf of the ,postal ,service2 and 7,b7 to classify a service provided under subparagraph 7,a7 as an experimental product subject to section #cfda2 2 7,b7 in subsection 7e77#a71 by inserting and that was offered by the ,postal ,service on the date of enactment of the ,postal ,reform ,act of #bjad after #ajb7e72 and 7,c7 by adding at the end the following3 7g7 ,treatment of new nonpostal services ,for purposes of chapters #bj and #cf of this title1 nonpostal services provided under subsection 7a77#f7 shall be treated as competitive products4 7h7 ,federal regulation of new nonpostal services ,the ,postal ,service shall ensure that any nonpostal service provided under subsection 7a77#f7 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 ,service4 4 7#b7 ,complaints ,section #cffb7;a7 of title #ci1 ,united ,states ,code1 is amended by inserting #djd7;a77#f71 after #djc7;c714 7#c7 ,market analysis ,during the #e-year period beginning on the date of enactment of this ,act1 not later than #g days after the date on which any market analysis conducted under section #djd7;a77#f77;,a77vi7 of title #ci1 ,united ,states ,code1 as amended by this section1 is completed1 the ,postal ,service shall submit a copy of the market analysis to-- 7,a7 the ,commission2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7b7 ,governmental services ,section #daa of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in the second sentence1 by striking this section and inserting this subsection2 7#b7 by striking ,executive agencies and inserting 7a7 ,federal ,government4--,executive agencies2 and 7#c7 by adding at the end the following3 7b7 ,state1 local1 and tribal governments 7#a7 ,authority of ,postal ,service ,the ,postal ,service is authorized to furnish property and services to ,states1 local governments1 and tribal governments1 under such terms and conditions1 including the possibility for reimbursement1 as the ,postal ,service and the applicable ,state1 local government1 or tribal government shall determine appropriate4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 the term local government means-- 7i7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments1 or regional or interstate government entity2 7ii7 an agency or instrumentality of an entity described in clause 7i72 or 7iii7 a rural community1 an unincorporated town or village1 or an instrumentality of a rural community or an unincorporated town or village2 7,b7 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states2 and 7,c7 the term tribal government means the government of an ,indian tribe1 as that term is defined in section #d7;e7 of the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej;b7e774 7c7 ,report ,the ,postal ,service shall submit to the ,postal ,regulatory ,commission1 together with the report required under section #cfeb1 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 #cfeb4 7d7 ,reimbursement determination ,in determining the possibility for reimbursement under subsections 7a7 and 7b71 the ,postal ,service shall ensure that each property or service furnished under such subsections covers its costs attributable1 as that term is defined in section #cfca7;b74 4 7c7 ,conforming amendments 7#a7 ,section #djd7;e7 of title #ci ,section #djd7;e7 of title #ci1 ,united ,states ,code1 is amended-- 7,a7 by striking 7e77#a7 ,in this and inserting the following3 7e7 ,previously offered nonpostal services 7#a7 ,definition ,in this 2 7,b7 in paragraph 7#b71 by striking 7#b7 ,nothing and inserting the following3 7#b7 ,eligible nonpostal services ,nothing 2 7,c7 in paragraph 7#c7-- 7i7 by striking 7#c7 ,not and inserting the following3 7#c7 ,review of nonpostal services ,not 2 and 7ii7 by moving subparagraphs 7,a7 and 7,b7 #b ems to the right2 7,d7 in paragraph 7#d71 by striking 7#d7 ,any and inserting the following3 7#d7 ,termination ,any 2 and 7,e7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,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 #bjad4 7#f7 ,rule of construction ,nothing in this subsection shall be construed to prevent the ,postal ,service from providing nonpostal services under subsection 7a77#f74 4 7#b7 ,section #cfda of title #ci ,section #cfda of title #ci1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b77#a71 by inserting 7or the appropriate consumers in the case of nonpostal services7 after users2 7,b7 in the first sentence of subsection 7b77#c71 by striking section #cfdb7;b77#a7 and inserting sections #djd7;g7 and #cfdb7;b77#a72 7,c7 in the second sentence of subsection 7b77#c71 by striking section #cfcc7c7 and inserting section #cfcc7;a77#c72 7,d7 in subsection 7e77#a71 by striking #aj1jjj1jjj and inserting #ej1jjj1jjj2 and 7,e7 in subsection 7e77#b71 by striking #ej1jjj1jjj and inserting #ajj1jjj1jjj4 7#c7 ,technical and conforming amendments ,section #bjjc7;b77#a7 of title #ci1 ,united ,states ,code1 is amended by striking postal and nonpostal services and inserting postal services1 nonpostal services authorized under section #djd7;e71 and property and services authorized under section #daa14 #cjc4 ,shipping of wine1 beer1 and distilled spirits 7a7 ,mailability 7#a7 ,nonmailable articles ,section #agaf7;f7 of title #ah1 ,united ,states ,code1 is amended by striking mails and inserting mails1 except to the extent that the mailing is allowable under section #cjja7p7 of title #ci4 7#b7 ,application of laws ,section #aafa of title #ah1 ,united ,states ,code1 is amended by inserting 1 and1 with respect to the mailing of distilled spirits1 wine1 or malt beverages 7as those terms are defined in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa771 is in conformity with section #cjja7p7 of title #ci after ,register4 7b7 ,regulations ,section #cjja of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 7p7 7#a7 ,in this subsection1 the terms distilled spirits1 wine1 and malt beverage have the same meanings as in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa74 7#b7 ,distilled spirits1 wine1 or malt beverages shall be considered mailable if mailed-- 7,a7 in accordance with the laws and regulations of-- 7i7 the ,state1 territory1 or district of the ,united ,states where the sender or duly authorized agent initiates the mailing2 and 7ii7 the ,state1 territory1 or district of the ,united ,states where the addressee or duly authorized agent takes delivery2 and 7,b7 to an addressee who is at least #ba years of age-- 7i7 who provides a signature and presents a valid1 government-issued photo identification upon delivery2 or 7ii7 the duly authorized agent of whom-- 7,i7 is at least #ba years of age2 and 7,,ii7 provides a signature and presents a valid1 government-issued photo identification upon delivery4 7#c7 ,the ,postal ,service shall prescribe such regulations as may be necessary to carry out this subsection4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the earlier of-- 7#a7 the date on which the ,postal ,service issues regulations under section #cjja7p7 of title #ci1 ,united ,states ,code1 as amended by this section2 and 7#b7 the date that is #abj days after the date of enactment of this ,act4 7d7 ,no preemption of ,state1 local1 or tribal laws prohibiting deliveries1 shipments1 or sales ,nothing in this section1 the amendments made by this section1 or any regulation promulgated under this section or the amendments made by this section1 shall be construed to preempt1 supersede1 or otherwise limit or restrict any ,state1 local1 or tribal law that prohibits or regulates the delivery1 shipment1 or sale of distilled spirits1 wine1 or malt beverages 7as those terms are defined in section #aag of the ,federal ,alcohol ,administration ,act 7#bg ,u4,s4,c4 #baa774 ,,iv ,postal ,service governance #dja4 ,board of ,governors of the ,postal ,service 7a7 ,board of ,governors ,title #ci1 ,united ,states ,code1 is amended by striking section #bjb and inserting the following3 #bjb4 ,board of ,governors 7a7 ,in general ,the exercise of the power of the ,postal ,service shall be directed by a ,board of ,governors composed of #i members appointed in accordance with this section1 each of whom shall be a voting member of the ,board4 7b7 ,membership 7#a7 ,composition ,the ,board shall be composed of-- 7,a7 the ,postmaster ,general2 and 7,b7 #h members1 to be known as ,governors1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,affiliation ,not more than #d of the ,governors may be members of any #a political party4 7#c7 ,chairperson ,the ,governors shall elect a ,chairperson from among the members of the ,board4 7c7 ,qualifications 7#a7 ,in general ,the ,governors shall represent the public interest generally1 and shall be chosen solely on the basis of experience in public service1 law1 or accounting1 or on a demonstrated ability to manage organizations or corporations 7in either the public or private sector7 of substantial size4 7#b7 ,no specific interest ,a ,governor may not be a representative of a specific interest using the ,postal ,service4 7#c7 ,initial appointments ,at least #a of the ,governors who is appointed to fill a position that is vacant on the date of enactment of the ,postal ,reform ,act of #bjad shall1 in addition to the qualifications set forth in paragraph 7#a71 be appointed based on the demonstrated ability of that individual to manage and improve financially troubled organizations4 7d7 ,removal ,a ,governor may be removed only for cause4 7e7 ,compensation 7#a7 ,salary ,each ,governor shall receive a salary of #cj1jjj each year1 plus #cjj for each day1 for not more than #db days1 on which the ,governor attends a meeting of the ,board4 ,nothing in this paragraph shall be construed to limit the number of days of meetings each year to #db days4 7#b7 ,reimbursement for meetings ,each ,governor shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the ,board4 7f7 ,terms 7#a7 ,in general ,each ,governor shall serve for a term of #g years4 7#b7 ,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 term4 7#c7 ,continuation of service ,a ,governor may continue to serve after the expiration of the term of that ,governor until a successor has been appointed1 except that a ,governor may not continue to serve for more than #a year after the date on which the term of that ,governor would have otherwise expired4 7#d7 ,limit ,a ,governor may serve for not more than #b terms4 7g7 ,postmaster general 7#a7 ,appointment and removal ,the ,governors shall appoint and shall have the power to remove the ,postmaster ,general4 7#b7 ,pay and term of service ,the pay and term of service of the ,postmaster ,general shall be determined by the ,governors4 7h7 ,deputy postmaster general 7#a7 ,appointment and removal ,the ,governors and the ,postmaster ,general shall appoint and shall have the power to remove the ,deputy ,postmaster ,general4 7#b7 ,pay ,the pay of the ,deputy ,postmaster ,general shall be determined by the ,governors4 7#c7 ,term of service ,the term of service of the ,deputy ,postmaster ,general shall be determined by the ,governors and the ,postmaster ,general4 7i7 ,executive committee 7#a7 ,authority to establish ,the ,board1 by a vote of a majority of its members1 may establish an ,executive ,committee of the ,board1 consistent with paragraph 7#b74 7#b7 ,board membership and responsibilities ,if established by the ,board1 the ,executive ,committee shall-- 7,a7 be composed of the ,chairperson of the ,board and #b additional ,governors designated by the ,board1 except that not more than #b members of the ,executive ,committee may be members of any #a political party2 7,b7 develop and oversee implementation of strategies and measures to ensure the long-term financial solvency of the ,postal ,service2 7,c7 develop and oversee the implementation of the financial plan and budget required under section #djc of the ,postal ,reform ,act of #bjad and updates to the financial plan and budget2 7,d7 make recommendations to the ,board regarding aspects of postal operations2 and 7,e7 assume such other responsibilities as the ,board determines appropriate4 7#c7 ,quorum #b members of the ,executive ,committee shall constitute a quorum for the transaction of business by the ,executive ,committee4 7#d7 ,termination ,the ,executive ,committee may be terminated by a vote of the majority of the members of the ,board4 4 7b7 ,procedures of the board ,section #bje7;c7 of title #ci1 ,united ,states ,code1 is amended by striking #f members and inserting #e members4 7c7 ,incumbents2 implementation 7#a7 ,incumbents ,an individual serving as a ,governor on the ,board of ,governors of the ,postal ,service 7referred to in this subsection as a ,governor7 on the date of enactment of this ,act may continue to serve as a ,governor until the expiration of the term of that ,governor4 7#b7 ,implementation of membership reduction 7,a7 ,in general ,one of the #b positions as a ,governor for which the term is scheduled to expire on ,december #h1 #bjad1 shall not be filled after the position becomes vacant4 7,b7 ,preference for abolishing vacant position ,if #a of the #b positions referred to in subparagraph 7,a7 is vacant on the date of enactment of this ,act1 that vacant position shall be the position that is not filled1 as required under such subparagraph4 7d7 ,conforming ,amendments ,title #ci1 ,united ,states ,code1 is amended-- 7#a7 in section #ajb7c7-- 7,a7 by striking #i and inserting #h2 and 7,b7 by striking #bjb7;a7 and inserting #bjb7;b77#a77;,c72 and 7#b7 in section #bjc-- 7,a7 by striking #bjb7;c7 and inserting #bjb7;g72 and 7,b7 by striking #bjb7;d7 and inserting #bjb7;h74 #djb4 ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation 7a7 ,establishment 7#a7 ,in general ,there is established in the executive branch a ,strategic ,advisory ,commission on ,postal ,service ,solvency and ,innovation 7referred to in this section as the ,advisory ,commission74 7#b7 ,independence ,the ,advisory ,commission shall not be subject to the supervision of the ,board of ,governors of the ,postal ,service 7referred to in this section as the ,board of ,governors71 any ,executive ,committee established under section #bjb7;i7 of title #ci1 ,united ,states ,code1 the ,postmaster ,general1 or any other officer or employee of the ,postal ,service4 7b7 ,purpose ,the purpose of the ,advisory ,commission is to-- 7#a7 provide strategic guidance to the ,president1 ,congress1 the ,board of ,governors1 the ,postmaster ,general1 and the ,chief ,innovation ,officer on enhancing the long-term solvency of the ,postal ,service2 and 7#b7 foster innovative thinking to address the challenges facing the ,postal ,service without unfairly competing with the private sector4 7c7 ,membership 7#a7 ,composition ,the ,advisory ,commission shall be composed of #g members1 of whom-- 7,a7 #c members shall be appointed by the ,president1 who shall designate #a member appointed under this subparagraph to serve as ,chairperson of the ,advisory ,commission2 and 7,b7 #a member shall be appointed by each of-- 7i7 the majority leader of the ,senate2 7ii7 the minority leader of the ,senate2 7iii7 the ,speaker of the ,house of ,representatives2 and 7iv7 the minority leader of the ,house of ,representatives4 7#b7 ,qualifications ,members of the ,advisory ,commission shall have-- 7,a7 recognized and significant experience in such fields as business1 technology1 and public administration2 7,b7 a documented record of innovative thinking2 7,c7 familiarity with new and emerging technologies2 and 7,d7 experience with revitalizing organizations1 corporations1 or communities that experienced significant financial challenges or other challenges4 7#c7 ,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 ,commission1 except in the capacity of that individual as a member of the ,advisory ,commission4 7#d7 ,deadline for appointment ,each member of the ,advisory ,commission shall be appointed not later than #fj days after the date of enactment of this ,act4 7#e7 ,meetings2 quorum2 vacancies 7,a7 ,meetings ,the ,advisory ,commission shall meet at the call of the ,chairperson or a majority of the members of the ,advisory ,commission4 7,b7 ,quorum #d members of the ,advisory ,commission shall constitute a quorum4 7,c7 ,vacancies ,any vacancy in the ,advisory ,commission shall not affect the powers of the ,advisory ,commission1 but shall be filled as soon as practicable in the same manner in which the original appointment was made4 7d7 ,duties and powers 7#a7 ,duties ,the ,advisory ,commission shall-- 7,a7 study matters that the ,advisory ,commission determines are necessary and appropriate to develop a strategic blueprint for the long-term solvency of the ,postal ,service1 including-- 7i7 the financial1 operational1 and structural condition of the ,postal ,service2 7ii7 alternative strategies and business models that the ,postal ,service could adopt2 7iii7 opportunities for additional postal and nonpostal services that the ,postal ,service could offer2 7iv7 the comparative postal practices of other countries1 including innovative products and services that postal services in other countries have offered1 including services that respond to the increasing use of electronic means of communication1 and different approaches to mail delivery that other countries have adopted2 7v7 the governance and organizational and management structures of the ,postal ,service2 and 7vi7 efforts by the ,postal ,service to recruit and retain a workforce1 particularly in rural areas1 capable of meeting the strategic needs of the ,postal ,service regarding innovation1 nationwide service standards1 and nationwide delivery schedules2 and 7,b7 submit the report required under subsection 7h74 7#b7 ,hearings ,the ,advisory ,commission may hold such hearings1 take such testimony1 and receive such evidence as is necessary to carry out this section4 7#c7 ,access to information ,the ,advisory ,commission may secure directly from the ,postal ,service1 the ,board of ,governors1 the ,postal ,regulatory ,commission1 and any other ,federal department or agency such information as the ,advisory ,commission considers necessary to carry out this section4 ,upon request of the ,chairperson of the ,advisory ,commission1 the head of the department or agency shall furnish the information described in the preceding sentence to the ,advisory ,commission4 7e7 ,applicability of laws ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app7 and section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd7 shall apply to the ,advisory ,commission4 7f7 ,assistance from ,federal agencies 7#a7 ,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 ,commission4 7#b7 ,other departments and agencies ,an agency of the ,federal ,government may provide to the ,advisory ,committee such services1 funds1 facilities1 staff1 and other support services that the agency determines to be advisable or is otherwise authorized under law4 7g7 ,personnel matters 7#a7 ,advisory ,commission members 7,a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day during which the member is engaged in the actual performance of the duties of the ,advisory ,commission4 7,b7 ,travel expenses ,each member of the ,advisory ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees serving intermittently in the ,government service under section #egjc of title #e1 ,united ,states ,code1 while away from home or regular place of business in the performance of services for the ,advisory ,commission4 7#b7 ,staff 7,a7 ,appointment and compensation ,the ,chairperson1 in accordance with rules agreed upon by the ,advisory ,commission1 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 ,commission1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of title #e1 ,united ,states ,code4 7,b7 ,detailees ,any ,federal employee1 including an employee of the ,postal ,service1 may be detailed to the ,advisory ,commission without reimbursement1 and such detail shall be without interruption or loss of the civil service rights1 status1 or privilege of the employee4 7h7 ,strategic blueprint for long-term solvency 7#a7 ,in general ,not later than #i months after the date of enactment of this ,act1 the ,advisory ,commission shall submit a report that contains a strategic blueprint for the long-term solvency of the ,postal ,service to-- 7,a7 the ,president2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,d7 the ,board of ,governors2 and 7,e7 the ,postmaster ,general4 7#b7 ,contents ,the strategic blueprint contained in the report submitted under paragraph 7#a7 shall include-- 7,a7 an assessment of the business model of the ,postal ,service as of the date on which the report is submitted2 7,b7 an assessment of potential future business models for the ,postal ,service1 including an evaluation of the appropriate balance between-- 7i7 necessary reductions in costs and services2 and 7ii7 additional opportunities for growth and revenue2 7,c7 a strategy for addressing significant current and future liabilities2 7,d7 identification of opportunities for further reductions in costs2 7,e7 identification of opportunities for new and innovative products and services2 7,f7 a strategy for future growth2 7,g7 a vision of how the ,postal ,service will operate in a sustainable manner #bj years after the date of enactment of this ,act2 7,h7 a strategy for ensuring that the ,postal ,service has a sufficient workforce to meet all of its needs and comply with applicable legal requirements2 and 7,i7 recommendations for any legislative changes necessary to implement the strategic blueprint described in this paragraph4 7i7 ,study and strategic plan on interagency agreements for post offices 7#a7 ,duties of ,advisory ,commission 7,a7 ,study 7i7 ,in general ,the ,advisory ,commission shall conduct a study concerning the advisability of the ,postal ,service entering into interagency agreements with ,federal1 ,state1 and local agencies1 with respect to post offices1 that-- 7,i7 streamline and consolidate services provided by ,federal1 ,state1 and local agencies2 7,,ii7 decrease the costs incurred by ,federal agencies in providing services to the general public2 and 7,,iii7 improve the efficiency and maintain the customer service standards of the ,federal1 ,state1 and local agencies4 7ii7 ,clarification of interagency agreements ,the study under clause 7i7 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 public4 7,b7 ,findings ,the ,advisory ,commission shall-- 7i7 not later than #i months after the date of enactment of this ,act1 submit to the ,postal ,service the findings of the study conducted under subparagraph 7,a72 and 7ii7 incorporate the findings described in clause 7i7 into the strategic blueprint required under subsection 7h74 7#b7 ,postal ,service strategic plan 7,a7 ,in general ,not later than #f months after the date on which the ,advisory ,commission submits to the ,postal ,service the findings under paragraph 7#a77;,b71 the ,postal ,service shall submit a nonbinding strategic plan for entering into interagency agreements concerning post offices to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,limitations ,the strategic plan submitted under subparagraph 7,a7 shall be consistent with public interest and demand4 7,c7 ,cost savings projections ,the strategic plan submitted under subparagraph 7,a7 shall include1 for each proposed interagency agreement1 a projection of cost savings to be realized by the ,postal ,service and by any other ,federal agency that is a party to the agreement4 7j7 ,termination of the commission ,the ,advisory ,commission shall terminate on the earlier of-- 7#a7 the date that is #fj days after the later of-- 7,a7 the date on which the ,advisory ,commission submits the report on the strategic blueprint for long-term solvency under subsection 7h72 or 7,b7 the date on which the ,advisory ,commission submits the findings on interagency agreements for post offices under subsection 7i72 or 7#b7 the date that is #a year after the date of enactment4 7k7 ,authorization of appropriations ,there are authorized to be appropriated out of the ,postal ,service ,fund a total of not more than #c1jjj1jjj for fiscal years #bjad and #bjae4 #djc4 ,long-term solvency plan2 annual financial plan and budget 7a7 ,definitions ,in this section-- 7#a7 the term ,board of ,governors means the ,board of ,governors of the ,postal ,service2 7#b7 the term long-term solvency plan means the plan required to be submitted by the ,postmaster ,general under subsection 7b77#a72 and 7#c7 the term solvency means the ability of the ,postal ,service to pay debts and meet expenses1 including the ability to perform maintenance and repairs1 make investments1 and maintain financial reserves1 as necessary to fulfill the requirements under1 and comply with the policies of1 title #ci1 ,united ,states ,code1 and other obligations of the ,postal ,service4 7b7 ,plan for the long-term solvency of the ,postal ,service 7#a7 ,solvency plan required 7,a7 ,in general ,not later than the date described in subparagraph 7,b71 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 solvency4 7,b7 ,date ,the date described in this subparagraph is the later of-- 7i7 the date that is #ij days after the date of enactment of this ,act2 and 7ii7 the earliest date as of which the ,board of ,governors has the number of members required for a quorum4 7#b7 ,considerations ,the long-term solvency plan shall take into account-- 7,a7 the legal authority of the ,postal ,service2 7,b7 changes in the legal authority and responsibilities of the ,postal ,service under this ,act and the amendments made by this ,act2 7,c7 any cost savings that the ,postal ,service anticipates will be achieved through negotiations with employees of the ,postal ,service2 7,d7 projected changes in mail volume2 7,e7 the impact of any regulations that the ,postal ,service is required to promulgate under ,federal law2 7,f7 projected changes in the number of employees needed to carry out the responsibilities of the ,postal ,service2 and 7,g7 the long-term capital needs of the ,postal ,service1 including the need to maintain1 repair1 and replace facilities and equipment4 7#c7 ,review and submission to ,congress 7,a7 ,review ,upon receipt of the long-term solvency plan1 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 plan4 7,b7 ,submission to ,congress ,not later than #fj days after initial receipt of the long-term solvency plan1 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 ,representatives1 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 plan4 7#d7 ,updates 7,a7 ,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 #e years after the date of enactment of this ,act4 7,b7 ,review by ,board of ,governors ,the ,board of ,governors shall review and submit to ,congress the updates under this paragraph in accordance with paragraph 7#c74 7c7 ,annual financial plan and budget 7#a7 ,in general ,for each of the first #e full fiscal years after the date of enactment of this ,act1 not later than ,august #a of the preceding fiscal year1 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 ,service4 7#b7 ,contents of financial plan and budget ,the financial plan and budget for a fiscal year shall-- 7,a7 promote the financial stability of the ,postal ,service and provide for progress towards the long-term solvency of the ,postal ,service2 7,b7 include the annual budget program of the ,postal ,service under section #bjji of title #ci1 ,united ,states ,code1 and the plan of the ,postal ,service commonly referred to as the ,integrated ,financial ,plan2 7,c7 describe lump-sum expenditures by all categories traditionally used by the ,postal ,service2 7,d7 describe capital expenditures1 together with a schedule of projected capital commitments and cash outlays of the ,postal ,service1 and proposed sources of funding2 7,e7 contain estimates of overall debt 7both outstanding and expected to be incurred72 7,f7 contain cash flow and liquidity forecasts for the ,postal ,service at such intervals as the ,board of ,governors may require2 7,g7 include a statement describing methods of estimations and significant assumptions2 and 7,h7 address any other issues that the ,board of ,governors considers appropriate4 7#c7 ,process for submission and approval of financial plan and budget 7,a7 ,definition ,in this paragraph1 the term covered recipient means-- 7i7 the ,postmaster ,general2 7ii7 the ,president2 7iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7iv7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,review by the ,board of ,governors 7i7 ,in general ,upon receipt of a financial plan and budget under paragraph 7#a71 the ,board of ,governors shall promptly review the financial plan and budget4 7ii7 ,additional information ,in conducting the review under this subparagraph1 the ,board of ,governors may request any additional information it considers necessary and appropriate to carry out the duties of the ,board of ,governors4 7,c7 ,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 7#a7 meets the requirements under paragraph 7#b7 and otherwise adequately addresses the financial situation of the ,postal ,service-- 7i7 the ,board of ,governors shall approve the financial plan and budget and submit a notice of approval to each covered recipient2 and 7ii7 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 #bjji of title #ci1 ,united ,states ,code4 7,d7 ,disapproval of financial plan and budget submitted by the ,postmaster ,general 7i7 ,in general ,if the ,board of ,governors determines that the financial plan and budget for a fiscal year under paragraph 7#a7 does not meet the requirements under paragraph 7#b7 or is otherwise inadequate in addressing the financial situation of the ,postal ,service1 the ,board of ,governors shall-- 7,i7 disapprove the financial plan and budget2 7,,ii7 submit to each covered recipient a statement that describes the reasons for the disapproval2 7,,iii7 direct the ,postmaster ,general to appropriately revise the financial plan and budget for the ,postal ,service2 and 7,,iv7 submit the revised financial plan and budget to each covered recipient4 7ii7 ,submission to ,office of ,management and ,budget ,upon receipt of a revised financial plan and budget under clause 7i77,,iv71 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 #bjji of title #ci1 ,united ,states ,code4 7,e7 ,deadline for transmission of financial plan and budget by ,board of ,governors ,notwithstanding any other provision of this paragraph1 not later than ,september #cj of the fiscal year that precedes each fiscal year for which a financial plan and budget is required under paragraph 7#a71 the ,board of ,governors shall submit to each covered recipient-- 7i7 a notice of approval under subparagraph 7,c77i72 or 7ii7 an approved financial plan and budget for the fiscal year under subparagraph 7,d77i77,,iv74 7,f7 ,revisions to financial plan and budget 7i7 ,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 year4 7ii7 ,process for review1 approval1 disapproval1 and ,postmaster ,general action ,the procedures described in subparagraphs 7,b7 through 7,e7 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 budget4 7d7 ,assumptions based on current law ,in preparing the long-term solvency plan or an annual financial plan and budget required under this section1 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 budget4 #djd4 ,chief ,innovation ,officer2 innovation strategy 7a7 ,chief ,innovation ,officer 7#a7 ,in general ,chapter #b of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bji4 ,chief innovation officer 7a7 ,establishment ,there shall be in the ,postal ,service a ,chief ,innovation ,officer appointed by the ,postmaster ,general4 7b7 ,qualifications ,the ,chief ,innovation ,officer shall have proven expertise and a record of accomplishment in areas such as-- 7#a7 the postal and shipping industry2 7#b7 innovative product research and development2 7#c7 brand marketing strategy2 7#d7 new and emerging technology1 including communications technology2 or 7#e7 business process management4 7c7 ,duties ,the ,chief ,innovation ,officer shall lead the development and implementation of-- 7#a7 innovative postal products and services1 particularly products and services that use new and emerging technology1 including communications technology1 to improve the net financial position of the ,postal ,service2 and 7#b7 nonpostal services authorized under section #djd7;a77#f7 that have the potential to improve the net financial position of the ,postal ,service4 7d7 ,deadline ,the ,postmaster ,general shall appoint a ,chief ,innovation ,officer not later than #ij days after the date of enactment of the ,postal ,reform ,act of #bjad4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #b of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bji4 ,chief ,innovation ,officer4 4 7b7 ,innovation strategy 7#a7 ,initial report on innovation strategy 7,a7 ,in general ,not later than #i months after the date of enactment of this ,act1 the ,postmaster ,general1 acting through the ,chief ,innovation ,officer1 shall submit a report that contains a comprehensive strategy 7referred to in this subsection as the innovation strategy7 for improving the net financial position of the ,postal ,service through innovation1 including the offering of new postal and nonpostal services1 to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,matters to be addressed ,at a minimum1 the report on innovation strategy required under subparagraph 7,a7 shall describe-- 7i7 the specific innovative postal and nonpostal services to be developed and offered by the ,postal ,service1 including-- 7,i7 the nature of the market demand to be satisfied by each product or service2 and 7,,ii7 the estimated date by which each product or service will be introduced2 7ii7 the cost of developing and offering each product or service2 7iii7 the anticipated sales volume for each product or service2 7iv7 the anticipated revenues and profits to be generated by each product or service2 7v7 the likelihood of success of each product or service and the risks associated with the development and sale of each product or service2 7vi7 the trends anticipated in market conditions that may affect the success of each product or service during the #e-year period beginning on the date of the submission of the report under subparagraph 7,a72 7vii7 any innovations designed to improve the net financial position of the ,postal ,service1 other than the offering of new products and services2 and 7viii7 the metrics that will be used to assess the effectiveness of the innovation strategy4 7#b7 ,annual report 7,a7 ,in general ,not later than #a year after the date of the submission of the initial report containing the innovation strategy under paragraph 7#a71 and annually thereafter for #aj years1 the ,postmaster ,general1 acting through the ,chief ,innovation ,officer1 shall submit a report on the implementation of the innovation strategy to-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7,b7 ,matters to be addressed ,at a minimum1 an annual report submitted under subparagraph 7,a7 shall include-- 7i7 an update of the initial report on innovation strategy submitted under paragraph 7#a72 7ii7 a description of the progress made by the ,postal ,service in implementing the products1 services1 and other innovations described in the initial report on innovation strategy2 and 7iii7 an analysis of the performance of each product1 service1 or other innovation described in the initial report on innovation strategy1 including-- 7,i7 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 year2 7,,ii7 trends in each market in which a product or service is intended to satisfy a demand2 7,,iii7 each product or service identified in the innovation strategy that is to be discontinued1 the date on which each discontinuance will occur1 and the reasons for each discontinuance2 7,,iv7 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 service2 7,v7 the performance of innovations other than new products and services that are designed to improve the net financial position of the ,postal ,service2 and 7,,vi7 the performance of the innovation strategy according to the metrics described in paragraph 7#a77;,b77viii74 #dje4 ,area and district office structure 7a7 ,definitions ,in this section-- 7#a7 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 offices2 7#b7 the term district office means the central office of an administrative field unit with responsibility for postal operations in a designated geographic area 7as defined under regulations1 directives1 or other guidance of the ,postal ,service1 as in effect on ,january #a1 #bjac72 and 7#c7 the term ,state includes the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7b7 ,plan required ,not later than #a year after the date of enactment of this ,act1 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-- 7#a7 be efficient and cost effective2 7#b7 not substantially and adversely affect the operations of the ,postal ,service2 and 7#c7 reduce the total number of area and district offices4 7c7 ,implementation ,not later than #fj days after the date on which the ,postal ,service submits the plan under subsection 7b71 the ,postal ,service shall begin implementing the plan1 including1 where appropriate1 by consolidating area and district offices4 7d7 ,state liaison ,if the ,postal ,service does not maintain a district office in a ,state1 the ,postal ,service shall designate at least #a employee of the district office responsible for ,postal ,service operations in the ,state to represent the needs of ,postal ,service customers in the ,state4 ,an employee designated under this subsection to represent the needs of ,postal ,service customers in a ,state shall be located in that ,state4 #djf4 ,inspector ,general of the ,postal ,service 7a7 ,appointment of ,inspector ,general of the ,postal ,service by ,president ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking the ,postal ,regulatory ,commission1 and the ,united ,states ,postal ,service and inserting and the ,postal ,regulatory ,commission2 7ii7 in paragraph 7#c71 by striking subsection 7h77#a7 and inserting subsection 7g77#a72 and 7iii7 in paragraph 7#d7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking subsection 7h77#a7 and inserting subsection 7g77#a72 7,,ii7 by striking subparagraph 7,b72 and 7,,iii7 by redesignating subparagraphs 7,c7 through 7,h7 as subparagraphs 7,b7 through 7,g71 respectively2 7,b7 in subsection 7c71 by striking ,except as provided under subsection 7f7 of this section1 the and inserting ,the2 7,c7 by striking subsection 7f72 and 7,d7 by redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively2 7#b7 by inserting after section #h,m the following3 #h,n4 ,special provisions concerning the ,inspector ,general of the ,united ,states ,postal ,service 7a7 ,in this section-- 7#a7 the term ,governors has the meaning given that term in section #ajb7c7 of title #ci1 ,united ,states ,code2 and 7#b7 the term ,inspector ,general means the ,inspector ,general of the ,united ,states ,postal ,service4 7b7 ,in carrying out the duties and responsibilities specified in this ,act1 the ,inspector ,general shall have oversight responsibility for all activities of the ,postal ,inspection ,service1 including any internal investigation performed by the ,postal ,inspection ,service4 ,the ,chief ,postal ,inspector shall promptly report the significant activities being carried out by the ,postal ,inspection ,service to the ,inspector ,general4 7c7 7#a7 7,a7 ,the ,inspector ,general shall be under the authority1 direction1 and control of the ,governors with respect to audits or investigations1 or the issuance of subpoenas1 which require access to sensitive information concerning-- 7i7 ongoing civil or criminal investigations or proceedings2 7ii7 undercover operations2 7iii7 the identity of confidential sources1 including protected witnesses2 7iv7 intelligence or counterintelligence matters2 or 7v7 other matters the disclosure of which would constitute a serious threat to national security4 7,b7 ,with respect to the information described under subparagraph 7,a71 the ,governors may prohibit the ,inspector ,general from carrying out or completing any audit or investigation1 or from issuing any subpoena1 after the ,inspector ,general has decided to initiate1 carry out1 or complete such audit or investigation or to issue such subpoena1 if the ,governors determine that such prohibition is necessary to prevent the disclosure of any information described under subparagraph 7,a7 or to prevent the significant impairment to the national interests of the ,united ,states4 7,c7 ,if the ,governors exercise any power under subparagraph 7,a7 or 7,b71 the ,governors shall notify the ,inspector ,general in writing of the reasons for the exercise of such power4 ,not later than #cj days after receipt of any such notice1 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 ,representatives1 and to other appropriate committees or subcommittees of the ,congress4 7#b7 ,in carrying out the duties and responsibilities specified in this ,act1 the ,inspector ,general-- 7,a7 may initiate1 conduct1 and supervise such audits and investigations of the ,united ,states ,postal ,service as the ,inspector ,general considers appropriate2 and 7,b7 shall give particular regard to the activities of the ,postal ,inspection ,service with a view toward avoiding duplication and ensuring effective coordination and cooperation4 7#c7 ,any report required to be transmitted by the ,governors to the appropriate committees or subcommittees of the ,congress under section #e7;d7 shall also be transmitted1 within the #g-;day period specified under that section1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7d7 ,nothing in this ,act shall restrict1 eliminate1 or otherwise adversely affect any of the rights1 privileges1 or benefits of either employees of the ,united ,states ,postal ,service1 or labor organizations representing employees of the ,united ,states ,postal ,service1 under chapter #ab of title #ci1 ,united ,states ,code1 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 any handbook or manual affecting employee labor relations with the ,united ,states ,postal ,service1 or any collective bargaining agreement4 7e7 ,there are authorized to be appropriated1 out of the ,postal ,service ,fund1 such sums as may be necessary for the ,office of ,inspector ,general of the ,united ,states ,postal ,service4 2 and 7#c7 in section #ab-- 7,a7 in paragraph 7#a71 by striking or the ,director of the ,national ,reconnaissance ,office and inserting the ,director of the ,national ,reconnaissance ,office2 or the ,board of ,governors of the ,united ,states ,postal ,service2 and 7,b7 in paragraph 7#b71 by striking or the ,national ,reconnaissance ,office and inserting the ,national ,reconnaissance ,office1 or the ,united ,states ,postal ,service4 7b7 ,technical and conforming amendments ,title #ci1 ,united ,states ,code1 is amended-- 7#a7 in section #ajb7d71 by striking section #bjb7;e7 of this title and inserting section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 7#b7 in section #ajja7;b71 in the first sentence1 by inserting 1 and section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 after #ajja7;c7 of this title2 and 7#c7 in section #ajje7;a77#c71 by inserting 1 and section #c of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 after #ajja7;c7 of this title4 7c7 ,applicability 7#a7 ,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 ,act4 7#b7 ,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 ,act4 #djg4 ,postal ,regulatory ,commission 7a7 ,commissioners ,section #ejb of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking subsection 7f7 and inserting subsections 7f7 and 7g72 and 7#b7 by adding at the end the following3 7g7 ,the ,commissioners may serve for not more than #b full terms4 4 7b7 ,administration ,section #ejd of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the second sentence-- 7,a7 by striking ,the ,chairman and inserting ,subject to the policies adopted under subsection 7b71 the ,chairman2 and 7,b7 by striking all the executive and inserting the day-to-day executive2 7#b7 by amending subsection 7b7 to read as follows3 7b7 7#a7 ,the ,chairman shall be governed by the policies adopted by the ,commission under paragraph 7#b77;,a7 in carrying out any of the functions under this section4 7#b7 ,the ,commission shall adopt1 by a vote of the majority of the members of the ,commission1 policies that shall govern all functions of the ,commission1 including the finances1 operations1 and administration of the ,commission4 7#c7 ,the ,commission shall review and1 if necessary1 revise the policies adopted under paragraph 7#b7 not less frequently than every #d years4 ,adoption of revised policies1 or re-adoption of existing policies1 shall be by a vote of the majority of the members of the ,commission4 2 and 7#c7 in subsection 7c71 by striking ,the ,chairman and inserting ,subject to the policies adopted under subsection 7b71 the ,chairman4 #djh4 ,postal ,service contracts and congressional oversight authority 7a7 ,in general ,chapter #d of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #dag4 ,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 authority4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #d of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #dag4 ,postal ,service contracts and congressional oversight authority4 4 ,v ,federal ,employees' ,compensation ,act #eja4 ,short title2 references 7a7 ,short title ,this title may be cited as the ,workers' ,compensation ,reform ,act of #bjad4 7b7 ,references ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #e1 ,united ,states ,code4 #ejb4 ,federal workers compensation reforms for retirement-age employees 7a7 ,conversion of entitlement at retirement age 7#a7 ,definitions ,section #haja is amended-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 in paragraph 7#ai71 by striking and at the end2 7,c7 in paragraph 7#bj71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#ba7 retirement age has the meaning given that term under section #baf7l77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #daf7l77#a772 7#bb7 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 #bjad2 7#bc7 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 #bjad2 and 7#bd7 individual who has an exempt disability condition means an individual-- 7,a7 who-- 7i7 is eligible to receive continuous periodic compensation for total disability under section #haje on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad2 and 7ii7 meets the criteria under section #haje7;c72 7,b7 who1 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad-- 7i7 is eligible to receive continuous periodic compensation for total disability under section #haje2 and 7ii7 has sustained a currently irreversible severe mental or physical disability for which the ,secretary of ,labor has authorized1 for at least the #a-year period ending on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 constant in-home care or custodial care1 such as placement in a nursing home2 or 7,c7 who is eligible to receive continuous periodic compensation for total disability under section #haje-- 7i7 for not less than the #c-year period ending on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad2 or 7ii7 if the individual became eligible to receive continuous periodic compensation for total disability under section #haje during the period beginning on the date that is #c years before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad and ending on such date of enactment1 for not less than the #c-year period beginning on the date on which the individual became eligible4 4 7#b7 ,total disability ,section #haje is amended-- 7,a7 in subsection 7a71 by striking ,if and inserting ,in general4--,subject to subsection 7b71 if2 7,b7 by redesignating subsection 7b7 as subsection 7c72 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,conversion of entitlement at retirement age 7#a7 ,in general ,except as provided in paragraph 7#b71 the basic compensation for total disability for an employee who has attained retirement age shall be #ej percent of the monthly pay of the employee4 7#b7 ,exceptions 7,a7 ,covered recipients who have attained retirement age1 have an exempt disability condition1 or face financial hardship ,paragraph 7#a7 shall not apply to a covered claim for total disability by an employee if the employee-- 7i7 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 has attained retirement age2 7ii7 is an individual who has an exempt disability condition2 or 7iii7 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 #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7 7not including any provisions permitting eligibility due to benefits received under any other law7 if the basic compensation for total disability of the employee were provided in accordance with paragraph 7#a74 7,b7 ,transition period for certain employees ,for a covered claim for total disability by an employee who is not an employee described in subparagraph 7,a71 the employee shall receive the basic compensation for total disability provided under subsection 7a7 until the later of-- 7i7 the date on which the employee attains retirement age2 and 7ii7 the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad4 4 7#c7 ,partial disability ,section #hajf is amended-- 7,a7 in subsection 7a71 by striking ,if and inserting ,in general4--,subject to subsection 7b71 if2 7,b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,conversion of entitlement at retirement age 7#a7 ,in general ,except as provided in paragraph 7#b71 the basic compensation for partial disability for an employee who has attained retirement age shall be #ej 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 disability4 7#b7 ,exceptions 7,a7 ,covered recipients who have attained retirement age or face financial hardship ,paragraph 7#a7 shall not apply to a covered claim for partial disability by an employee if the employee-- 7i7 on the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 has attained retirement age2 or 7ii7 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 #e of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjad7 7not including any provisions permitting eligibility due to benefits received under any other law7 if the basic compensation for total disability of the employee were provided in accordance with paragraph 7#a74 7,b7 ,transition period for certain employees ,for a covered claim for partial disability by an employee who is not an employee described in subparagraph 7,a71 the employee shall receive basic compensation for partial disability in accordance with subsection 7a7 until the later of-- 7i7 the date on which the employee attains retirement age2 and 7ii7 the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad4 4 #ejc4 ,augmented compensation for dependents 7a7 ,in general ,section #haaj is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,termination of augmented compensation 7#a7 ,in general ,subject to paragraph 7#b71 augmented compensation for dependants under subsection 7c7 shall not be provided4 7#b7 ,exceptions 7,a7 ,total disability ,for a covered claim for total disability by an employee-- 7i7 the employee shall receive augmented compensation under subsection 7c7 if the employee is an individual who has an exempt disability condition2 and 7ii7 the employee shall receive augmented compensation under subsection 7c7 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad if the employee is not an employee described in clause 7i74 7,b7 ,partial disability ,for a covered claim for partial disability by an employee1 the employee shall receive augmented compensation under subsection 7c7 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad4 7,c7 ,permanent disability compensated by a schedule ,for a claim for a permanent disability described in section #hajg7;a7 by an employee that commenced before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 the employee shall receive augmented compensation under subsection 7c74 4 7b7 ,maximum and minimum monthly payments ,section #haab is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting subsections 7b7 and 7c7 and before section #hach2 7,b7 by striking including augmented compensation under section #haaj of this title but2 and 7,c7 by striking #ge percent each place it appears and inserting #ff #b_/c percent2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,exceptions 7#a7 ,covered disability condition ,for a covered claim for total disability by an employee1 if the employee is an individual who has an exempt disability condition-- 7,a7 the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection 7a7 shall include any augmented compensation under section #haaj2 and 7,b7 subsection 7a7 shall be applied by substituting #ge percent for #ff #b_/c percent each place it appears4 7#b7 ,partial disability ,for a covered claim for partial disability by an employee1 until the date that is #c years after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad-- 7,a7 the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection 7a7 shall include any augmented compensation under section #haaj2 and 7,b7 subsection 7a7 shall be applied by substituting #ge percent for #ff #b_/c percent each place it appears4 2 and 7#d7 in subsection 7c71 as redesignated by paragraph 7#b71 by striking subsection 7a7 and inserting subsections 7a7 and 7b74 7c7 ,death benefits generally ,section #hacc is amended-- 7#a7 in subsections 7a7 and 7e71 by striking #ge percent each place it appears and inserting #ff #b_/c percent 7except as provided in subsection 7g772 and 7#b7 by adding at the end the following3 7g7 ,if the death occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 subsections 7a7 and 7e7 shall be applied by substituting #ge percent for #ff #b_/c percent each place it appears4 4 7d7 ,death benefits for civil air patrol volunteers ,section #hada is amended-- 7#a7 in subsection 7b77#b77;,b7 by striking #ge percent and inserting #ff #b_/c percent 7except as provided in subsection 7c772 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,if the death occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 subsection 7b77#b77;,b7 shall be applied by substituting #ge percent for #ff #b_/c percent4 4 #ejd4 ,schedule compensation payments ,section #hajg is amended-- 7#a7 in subsection 7a71 by striking at the rate of #ff #b_/c percent of his monthly pay and inserting at the rate specified under subsection 7d72 and 7#b7 by adding at the end the following3 7d7 ,rate for compensation 7#a7 ,annual salary 7,a7 ,in general ,except as provided in paragraph 7#b71 the rate under subsection 7a7 shall be the rate of #ff #b_/c percent of the annual salary level established under subparagraph 7,b71 in a lump sum equal to the present value 7as calculated under subparagraph 7,c77 of the amount of compensation payable under the schedule4 7,b7 ,establishment 7i7 ,in general ,the ,secretary of ,labor shall establish an annual salary for purposes of subparagraph 7,a7 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 #ejd of the ,workers' ,compensation ,reform ,act of #bjad had not been enacted4 7ii7 ,cost of living adjustment ,the annual salary established under clause 7i7 shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent4 7,c7 ,present value ,the ,secretary of ,labor shall calculate the present value for purposes of subparagraph 7,a7 using a rate of interest equal to the average market yield for outstanding marketable obligations of the ,united ,states with a maturity of #b years on the first business day of the month in which the compensation is paid or1 in the event that such marketable obligations are not being issued on such date1 at an equivalent rate selected by the ,secretary of ,labor1 true discount compounded annually4 7#b7 ,certain injuries ,for an injury that occurred before the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 the rate under subsection 7a7 shall be #ff #b_/c percent of the employee's monthly pay4 7e7 ,simultaneous receipt 7#a7 ,total disability ,an employee who receives compensation for total disability under section #haje 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-- 7,a7 the date on which the basic compensation for total disability of the employee becomes #ej percent of the monthly pay of the employee under section #haje7;b72 or 7,b7 the date on which augmented compensation of the employee terminates under section #haaj7;b77#b77;,a77ii71 if the employee receives such compensation4 7#b7 ,partial disability ,an employee who receives benefits for partial disability under section #hajf 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-- 7,a7 the date on which the basic compensation for partial disability of the employee becomes #ej 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 #hajf7;b72 or 7,b7 the date on which augmented compensation of the employee terminates under section #haaj7;b77#b77;,b71 if the employee receives such compensation4 4 #eje4 ,vocational rehabilitation 7a7 ,in general ,section #hajd is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking 7a7 ,the ,secretary of ,labor may and all that follows through undergo vocational rehabilitation4 and inserting the following3 7a7 ,in general 7#a7 ,direction ,except as provided in paragraph 7#b71 not earlier than the date that is #f months after the date on which an individual eligible for wage-loss compensation under section #haje or #hajf is injured1 or by such other date as the ,secretary of ,labor determines it would be reasonable under the circumstances for the individual to begin vocational rehabilitation1 and if vocational rehabilitation may enable the individual to become capable of more gainful employment1 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 individual4 2 7,b7 by striking the ,secretary of ,health1 ,education1 and ,welfare in carrying out the purposes of chapter #d of title #bi and inserting the ,secretary of ,education in carrying out the purposes of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gja et seq472 7,c7 by striking under section #cb7;b77#a7 of title #bi and inserting under section #e of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gjd72 and 7,d7 by adding at the end the following3 7#b7 ,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 rehabilitation4 2 7#b7 by redesignating subsection 7b7 as subsection 7c72 7#c7 by inserting after subsection 7a7 the following3 7b7 ,contents of return to work plan ,a return to work plan developed under subsection 7a7-- 7#a7 shall-- 7,a7 set forth specific measures designed to increase the wage-earning capacity of an individual2 7,b7 take into account the prior training and education of the individual and the training1 educational1 and employment opportunities reasonably available to the individual2 and 7,c7 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 individual2 7#b7 may provide that the ,secretary will pay out of amounts in the ,employees' ,compensation ,fund reasonable expenses of vocational rehabilitation 7which may include tuition1 books1 training fees1 supplies1 equipment1 and child or dependent care7 during the course of the plan2 and 7#c7 may not be for a period of more than #b years1 unless the ,secretary finds good cause to grant an extension1 which may be for not more than #b years4 2 7#d7 in subsection 7c71 as so redesignated-- 7,a7 by inserting ,compensation4-- before ,notwithstanding2 and 7,b7 by striking 1 other than employment undertaken pursuant to such rehabilitation2 and 7#e7 by adding at the end the following3 7d7 ,assisted reemployment agreements 7#a7 ,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 #haje or #hajf to enable the individual to return to productive employment4 7#b7 ,contents ,an assisted reemployment agreement under paragraph 7#a7-- 7,a7 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 #ajj percent of the compensation the individual would otherwise receive under section #haje or #hajf2 and 7,b7 may not be for a period of more than #c years4 7e7 ,list ,to facilitate the hiring of individuals eligible for wage-loss compensation under section #haje or #hajf1 the ,secretary shall provide a list of such individuals to the ,office of ,personnel ,management1 which the ,office of ,personnel ,management shall provide to all agencies and instrumentalities of the ,federal ,government4 4 7b7 ,employees' ,compensation ,fund ,section #hadg is amended by adding at the end3 7d7 ,notwithstanding subsection 7b71 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 injury1 consequential injury1 aggravation of injury1 or increase in percentage of impairment to a member for which compensation is provided under the schedule under section #hajg 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 #hajd7;d7 shall not be included in total cost of benefits and other payments in the statement provided to the agency or instrumentality under subsection 7b7 if the injury was originally incurred in a position not covered by an assisted reemployment agreement4 4 7c7 ,termination of vocational rehabilitation requirement after retirement age ,section #haac7;b7 is amended by adding at the end the following3 ,an individual who has attained retirement age may not be required to undergo vocational rehabilitation44 7d7 ,mandatory benefit reduction for noncompliance ,section #haac7;b7 is amended by striking may reduce and inserting shall reduce4 7e7 ,technical and conforming amendments 7#a7 ,in general ,subchapter ,,iii of chapter #ae of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #aech4 ,authorization for assisted reemployment ,funds may be transferred from the ,employees' ,compensation ,fund established under section #hadg of title #e 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 #hajd of title #e4 4 7#b7 ,table of sections ,the table of sections for chapter #ae of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #aecg the following3 #aech4 ,authorization for assisted reemployment4 4 #ejf4 ,reporting requirements 7a7 ,in general ,chapter #ha is amended by inserting after section #hajf the following3 #hajf;a4 ,reporting requirements 7a7 ,definition ,in this section1 the term employee receiving compensation means an employee who-- 7#a7 is paid compensation under section #haje or #hajf2 and 7#b7 has not attained retirement age4 7b7 ,authority ,the ,secretary of ,labor shall require an employee receiving compensation to report the earnings of the employee receiving compensation from employment or self-employment1 by affidavit or otherwise1 in the manner and at the times the ,secretary specifies4 7c7 ,contents ,an employee receiving compensation shall include in a report required under subsection 7a7 the value of housing1 board1 lodging1 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 estimated4 7d7 ,failure ,to report and false reports 7#a7 ,in general ,an employee receiving compensation who fails to make an affidavit or other report required under subsection 7b7 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 required4 7#b7 ,forfeited compensation ,compensation forfeited under this subsection1 if already paid to the employee receiving compensation1 shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section #habi1 unless recovery is waived under that section4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #ha is amended by inserting after the item relating to section #hajf the following3 #hajf;a4 ,reporting requirements4 4 #ejg4 ,disability management review2 independent medical examinations ,section #habc is amended by adding at the end the following3 7e7 ,disability management review 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered employee means an employee who is in continuous receipt of compensation for total disability under section #haje for a period of not less than #f months2 and 7,b7 the term disability management review process means the disability management review process established under paragraph 7#b77;,a74 7#b7 ,establishment ,the ,secretary of ,labor shall-- 7,a7 establish a disability management review process for the purpose of certifying and monitoring the disability status and extent of injury of each covered employee2 and 7,b7 promulgate regulations for the administration of the disability management review process4 7#c7 ,physical examinations required ,under the disability management review process1 the ,secretary of ,labor shall periodically require covered employees to submit to physical examinations under subsection 7a7 by physicians selected by the ,secretary4 ,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 employee4 7#d7 ,frequency 7,a7 ,in general ,the regulations promulgated under paragraph 7#b77;,b7 shall specify the process and criteria for determining when and how frequently a physical examination should be conducted for a covered employee4 7,b7 ,minimum frequency 7i7 ,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 #hjae for #f months4 7ii7 ,subsequent examinations ,after the initial physical examination1 physical examinations of a covered employee shall be conducted not less than once every #c years4 7#e7 ,employing agency or instrumentality requests 7,a7 ,in general ,the agency or instrumentality employing an employee who has made a claim for compensation for total disability under section #haje 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 subsection4 7,b7 ,requesting officer ,a request under subparagraph 7,a7 shall be made on behalf of an agency or instrumentality by-- 7i7 the head of the agency or instrumentality2 7ii7 the ,chief ,human ,capital ,officer of the agency or instrumentality2 or 7iii7 if the agency or instrumentality does not have a ,chief ,human ,capital ,officer1 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 paragraph4 7,c7 ,information ,a request under subparagraph 7,a7 shall be in writing and accompanied by-- 7i7 a certification by the officer making the request that the officer has reviewed the relevant material in the employee's file2 7ii7 an explanation of why the officer has determined1 based on the materials in the file and other information known to the officer1 that requiring a physical examination of the employee under this subsection is necessary2 and 7iii7 copies of the materials relating to the employee that are relevant to the officer's determination and request1 unless the agency or instrumentality has a reasonable basis for not providing the materials4 7,d7 ,examination ,if the ,secretary of ,labor receives a request under this paragraph before an employee has undergone an initial physical examination under paragraph 7#d77;,b77i71 the ,secretary shall promptly require the physical examination of the employee4 ,a physical examination under this subparagraph shall satisfy the requirement under paragraph 7#d77;,b77i7 that an initial physical examination be conducted4 7,e7 ,after initial examination 7i7 ,in general ,if the ,secretary of ,labor receives a request under this paragraph after an employee has undergone an initial physical examination under paragraph 7#d77;,b77i71 the ,secretary shall-- 7,i7 review the request and the information1 explanation1 and other materials submitted with the request2 and 7,,ii7 determine whether to require the physical examination of the employee who is the subject of the request4 7ii7 ,not granted ,if the ,secretary determines not to grant a request described in clause 7i71 the ,secretary shall promptly notify the officer who made the request and provide an explanation of the reasons why the request was denied4 4 #ejh4 ,waiting period 7a7 ,in general ,section #haag is amended-- 7#a7 in the section heading1 by striking ,time of accrual of right and inserting ,waiting period2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,an employee and all that follows through is not entitled and inserting ,in general4--,an employee is not entitled to continuation of pay within the meaning of section #haah for the first #c days of temporary disability or1 if section #haah does not apply1 is not entitled2 7,b7 in paragraph 7#a71 by adding or at the end2 7,c7 by striking paragraph 7#b72 and 7,d7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7#c7 in subsection 7b7-- 7,a7 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 leave4--,an2 7,b7 by striking that #c-;day period and inserting the first #c days of temporary disability2 and 7,c7 by striking or is followed by permanent disability4 7b7 ,continuation of pay ,section #haah is amended-- 7#a7 in the section heading1 by striking 2 election to use annual or sick leave2 7#b7 in subsection 7b77#a71 by striking section #haag7;b7 and inserting section #haag2 7#c7 by striking subsection 7c72 and 7#d7 by redesignating subsection 7d7 as subsection 7c74 7c7 ,technical and conforming amendments ,the table of sections for chapter #ha is amended by striking the items relating to sections #haag and #haah and inserting the following3 #haag4 ,waiting period4#haah4 ,continuation of pay4 4 #eji4 ,election of benefits 7a7 ,in general ,section #haaf is amended by adding at the end the following3 7e7 ,retirement benefits 7#a7 ,in general ,an individual entitled to compensation benefits payable under this subchapter and under chapter #hc or #hd or any other retirement system for employees of the ,government1 for the same period1 shall elect which benefits the individual will receive4 7#b7 ,election 7,a7 ,deadline ,an individual shall make an election under paragraph 7#a7 in accordance with such deadlines as the ,secretary of ,labor shall establish1 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 subchapter4 7,b7 ,revocability ,an election under paragraph 7#a7 shall be revocable1 notwithstanding any other provision of law1 except for any period during which an individual-- 7i7 was qualified for benefits payable under both this subchapter and under a retirement system described in paragraph 7#a72 and 7ii7 was paid benefits under the retirement system after having been notified of eligibility for benefits under this subchapter4 7#c7 ,informed choice ,the ,secretary of ,labor shall provide information1 and shall ensure that information is provided1 to an individual described in paragraph 7#a7 about the benefits available to the individual under this subchapter or under chapter #hc or #hd or any other retirement system referred to in paragraph 7#a7 the individual may elect to receive4 4 7b7 ,technical and conforming amendments ,sections #hccg7;f77#c7 and #hdfd;a7a77#c7 are each amended by striking ,paragraphs and inserting ,except as provided under chapter #ha1 paragraphs4 #eaj4 ,sanction for noncooperation with field nurses ,section #habc1 as amended by section #ejg1 is amended by adding at the end the following3 7f7 ,field nurses 7#a7 ,definition ,in this subsection1 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 care4 7#b7 ,authorization ,the ,secretary may use field nurses to coordinate medical services and vocational rehabilitation programs for injured employees under this subchapter4 ,if an employee refuses to cooperate with a field nurse or obstructs a field nurse in the performance of duties under this subchapter1 the right to compensation under this subchapter shall be suspended until the refusal or obstruction stops4 4 #eaa4 ,subrogation of continuation of pay 7a7 ,in general ,section #haca is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting continuation of pay or before compensation2 7#b7 in subsection 7b71 by inserting continuation of pay or before compensation2 and 7#c7 in subsection 7c7-- 7,a7 by inserting continuation of pay or before compensation already paid2 and 7,b7 by inserting continuation of pay or before compensation payable4 7b7 ,adjustment after recovery from a third person ,section #hacb is amended-- 7#a7 in the first sentence-- 7,a7 by inserting continuation of pay or before compensation is payable2 7,b7 by inserting continuation of pay or before compensation from the ,united ,states2 7,c7 by striking by him or in his behalf and inserting by the beneficiary or on behalf of the beneficiary2 7,d7 by inserting continuation of pay and before compensation paid by the ,united ,states2 and 7,e7 by striking compensation payable to him and inserting continuation of pay or compensation payable to the beneficiary2 7#b7 in the second sentence1 by striking his designee and inserting the designee of the beneficiary2 and 7#c7 in the fourth sentence1 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 beneficiary1 the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the ,united ,states4 7c7 ,effective date ,this section and the amendments made by this section shall take effect on the date of enactment of this ,act4 #eab4 ,integrity and compliance 7a7 ,in general ,subchapter ,i of chapter #ha is amended by adding at the end the following3 #haec4 ,integrity and ,compliance ,program 7a7 ,definitions ,in this section-- 7#a7 the term ,,feca program means the ,federal ,employees ,compensation ,program administered under this subchapter2 7#b7 the term improper payment has the meaning given that term in section #b7;g7 of the ,improper ,payments ,information ,act of #bjjb 7#ca ,u4,s4,c4 #ccba note72 7#c7 the term ,inspector ,general-- 7,a7 means an ,inspector ,general described in subparagraph 7,a71 7,b71 or 7,i7 of section #aa7;b77#a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,b7 does not include the ,inspector ,general of an entity having no employees covered under the ,,feca program2 7#d7 the term ,integrity and ,compliance ,program means the ,integrity and ,compliance ,program established under subsection 7b72 7#e7 the term provider means a provider of medical or other services under the ,,feca program2 7#f7 the term ,secretary means the ,secretary of ,labor2 and 7#g7 the term ,task ,force means the ,,feca ,integrity and ,compliance ,task ,force established under subsection 7c77#b77;,a74 7b7 ,integrity and compliance program ,not later than #bgj days after the date of enactment of this section1 the ,secretary shall establish an ,integrity and ,compliance ,program for the purpose of preventing1 identifying1 and recovering fraudulent and other improper payments for the ,,feca program1 which shall include-- 7#a7 procedures for identifying potentially improper payments before payment is made to claimants and providers1 including1 where appropriate1 predictive analytics2 7#b7 reviews after payment is made to identify potentially improper payments to claimants and providers2 7#c7 ongoing screening and verification procedures to ensure the continued eligibility of medical providers to provide services under the ,,feca program1 including licensure1 ,federal disbarment1 and the existence of relevant criminal convictions2 7#d7 provision of appropriate information1 education1 and training to claimants and providers on requirements to ensure the integrity of the ,,feca program1 including payments under the ,,feca program2 7#e7 appropriate controls and audits to ensure that providers adopt internal controls and procedures for compliance with requirements under the ,,feca program2 7#f7 procedures to ensure-- 7,a7 initial and continuing eligibility of claimants for compensation1 benefits1 or services under the ,,feca program2 and 7,b7 ongoing verification of information in databases relating to claimants to ensure accuracy and completeness2 and 7#g7 sharing and accessing data and information with other agencies and instrumentalities of the ,united ,states1 including the ,united ,states ,postal ,service4 7c7 ,interagency cooperation on anti-,fraud efforts 7#a7 ,in general ,in administering the ,,feca program1 including the ,integrity and ,compliance ,program1 the ,secretary shall cooperate with other agencies and instrumentalities of the ,united ,states 7including the ,united ,states ,postal ,service7 and the ,inspectors ,general of such agencies and instrumentalities to prevent1 identify1 and recover fraudulent and other improper payments under the ,,feca program4 7#b7 ,task force 7,a7 ,in general ,there is established a task force1 which shall be known as the ,,feca ,integrity and ,compliance ,task ,force4 7,b7 ,membership ,the members of the ,task ,force shall be-- 7i7 the ,secretary1 who shall serve as the ,chairperson of the ,task ,force2 7ii7 the ,postmaster ,general1 who shall serve as the ,vice ,chairperson of the ,task ,force2 7iii7 the ,attorney ,general2 7iv7 the ,director of the ,office of ,management and ,budget2 and 7v7 other appropriate ,federal officials1 as determined by the ,chairperson and ,vice ,chairperson of the ,task ,force4 7,c7 ,advisory members ,the following officials shall attend meetings of the ,task ,force and participate as ad hoc1 advisory members1 to provide technical assistance and guidance to the ,task ,force with respect to the duties of the ,task ,force3 7i7 ,the ,inspector ,general of the ,department of ,labor4 7ii7 ,the ,inspector ,general of the ,united ,states ,postal ,service4 7iii7 ,the ,inspectors ,general of other appropriate agencies and instrumentalities of the ,united ,states that employ a significant number of individuals receiving compensation1 benefits1 or services under the ,,feca program1 as determined by the ,chairperson of the ,task ,force4 7,d7 ,duties ,the ,task ,force shall-- 7i7 set forth1 in writing1 a description of the respective roles and responsibilities in preventing1 identifying1 recovering1 and prosecuting fraud under1 and otherwise ensuring integrity and compliance of1 the ,,feca program of-- 7,i7 the ,secretary 7including subordinate officials such as the ,director of the ,office of ,workers' ,compensation ,programs72 7,,ii7 the ,inspector ,general of the ,department of ,labor2 7,,iii7 the ,inspectors ,general of agencies and instrumentalities of the ,united ,states that employ claimants under the ,,feca program2 7,,iv7 the ,attorney ,general2 and 7,v7 any other relevant officials2 7ii7 develop procedures for sharing information of possible fraud under the ,,feca program or other intentional misstatements by claimants or providers under the ,,feca program1 including procedures addressing-- 7,i7 notification of appropriate officials of the ,department of ,labor of potential fraud or other intentional misstatements1 including provision of supporting information2 7,,ii7 timely and appropriate response by officials of the ,department of ,labor to notifications described in subclause 7,i72 7,,iii7 the inclusion of information and evidence relating to fraud and other intentional misstatements in criminal1 civil1 and administrative proceedings relating to the provision of compensation1 benefits1 or medical services 7including payments to providers7 under the ,,feca program2 7,,iv7 the coordination of criminal investigations with the administration of the ,,feca program2 and 7,v7 the protection of information relating to an investigation of possible fraud under the ,,feca program from potential disclosure1 including requirements that enable investigative files to be appropriately separated from case management files2 and 7iii7 not later than #a year after the date of enactment of this section1 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 7i7 and 7ii74 7#c7 ,rule of construction ,nothing in this subsection shall be construed to limit or restrict any authority of an ,inspector ,general4 7d7 ,improvements to access of ,federal databases 7#a7 ,in general ,in order to improve compliance with the requirements under and the integrity of the ,,feca program1 or as required to otherwise detect and prevent improper payments under the ,,feca program 7including for purposes of computer matching under subsection 7e77#a77;,d771 upon written request-- 7,a7 the ,commissioner of ,social ,security shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the ,social ,security earnings information of a living or deceased employee2 7,b7 the ,director of the ,office of ,personnel ,management shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the information in the databases of ,federal employees and retirees maintained by the ,director2 and 7,c7 the ,secretary of ,veterans ,affairs shall make available to the ,secretary1 the ,postmaster ,general1 and each ,inspector ,general the information in the database of disabled individuals maintained by the ,secretary of ,veterans ,affairs4 7#b7 ,national directory of new hires ,upon written request1 the ,secretary of ,health and ,human ,services shall make available to the ,secretary1 the ,postmaster ,general1 each ,inspector ,general1 and the ,comptroller ,general of the ,united ,states the information in the ,national ,directory of ,new ,hires for purposes of carrying out this subchapter1 in order to improve compliance with the requirements under and the integrity of the ,,feca program1 or as required to otherwise detect and prevent improper payments under the ,,feca program 7including for purposes of computer matching under subsection 7e77#a77;,d774 ,the ,comptroller ,general may obtain information from the ,national ,directory of ,new ,hires for purposes of any audit1 evaluation1 or investigation1 including any audit1 evaluation1 or investigation relating to program integrity4 7#c7 ,procedures ,the ,secretary shall establish procedures for correlating the identity and status of recipients of compensation1 benefits1 or services under this subchapter with ,social ,security earnings information described in paragraph 7#a77;,a74 7#d7 ,provision ,information requested under this subsection shall be provided-- 7,a7 in a timely manner2 7,b7 at a reasonable cost to the ,secretary1 the ,postmaster ,general1 or an ,inspector ,general2 7,c7 without cost to the ,comptroller ,general of the ,united ,states2 and 7,d7 in the manner1 frequency1 and form reasonably specified by the officer making the request1 which1 upon request1 shall include electronic form4 7#e7 ,assessment of data cost-effectiveness 7,a7 ,in general ,the ,secretary shall consider and assess procedures for correlating the identity and status of recipients of compensation1 benefits1 or services under this subchapter with information relating to employees1 retirees1 and individuals described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a7 and paragraph 7#b74 7,b7 ,report ,not later than #a year after the date of enactment of this section1 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 7,b7 and 7,c7 of paragraph 7#a7 and paragraph 7#b7 for program compliance and integrity4 ,the report required under this subparagraph may be included as part of the report required under subsection 7f74 7#f7 ,united ,states ,postal ,service ,,feca enrollee database ,not later than #ahj days after the date of enactment of this section1 in order to track1 verify1 and communicate with the ,secretary and other relevant entities1 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 compensation1 benefits1 or services under this subchapter4 7#g7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of the ,comptroller ,general of the ,united ,states under section #gaf of title #ca4 7e7 ,general protocols and security 7#a7 ,establishment 7,a7 ,in general ,in order to ensure strong information security and privacy standards1 the ,task ,force shall establish protocols for the secure transfer and storage of any information provided to an individual or entity under this section4 7,b7 ,considerations ,in establishing protocols under subparagraph 7,a71 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 information1 and to comply with privacy laws and best practices4 7,c7 ,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 compensation1 benefits1 or services under the ,,feca program4 7,d7 ,computer matching by ,federal agencies for purposes of investigation and prevention of improper payments and fraud 7i7 ,in general ,except as provided in this subparagraph1 in accordance with section #eeb;a 7commonly known as the ,privacy ,act of #aigd71 the ,secretary1 the ,postmaster ,general1 each ,inspector ,general1 and the head of each agency may enter into computer matching agreements that allow ongoing data matching 7which shall include automated data matching7 in order to assist in the detection and prevention of improper payments under the ,,feca program4 7ii7 ,review ,not later than #fj days after a proposal for an agreement under clause 7i7 has been presented to a ,data ,integrity ,board established under section #eeb;a7u7 for consideration1 the ,data ,integrity ,board shall approve or deny the agreement4 7iii7 ,termination date ,an agreement under clause 7i7-- 7,i7 shall have a termination date of less than #c years2 and 7,,ii7 during the #c-month period ending on the date on which the agreement is scheduled to terminate1 may be renewed by the agencies entering the agreement for not more than #c years4 7iv7 ,multiple agencies ,for purposes of this subparagraph1 section #eeb;a7o77#a7 shall be applied by substituting between the source agency and the recipient agency or non-,federal agency or an agreement governing multiple agencies' for #8between the source agency and the recipient agency or non-,federal agency in the matter preceding subparagraph 7,a74 7v7 ,cost-benefit analysis ,an agreement under clause 7i7 may be entered without regard to section #eeb;a7o77#a77;,b71 relating to a cost-benefit analysis of the proposed matching program4 7vi7 ,guidance by the office of management and budget ,not later than #f months after the date of enactment of the ,workers' ,compensation ,reform ,act of #bjad1 and in consultation with the ,council of ,inspectors ,general on ,integrity and ,efficiency1 the ,secretary of ,health and ,human ,services1 the ,commissioner of ,social ,security1 and the head of any other relevant agency1 the ,director of the ,office of ,management and ,budget shall-- 7,i7 issue guidance for agencies regarding implementing this subparagraph1 which shall include standards for reimbursement costs1 when necessary1 between agencies2 and 7,,ii7 establish standards and develop standard matching agreements for the purpose of improving the process for establishing data use or computer matching agreements4 7#b7 ,compliance ,the ,secretary1 the ,postmaster ,general1 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 7#a74 7#c7 ,rule of construction ,nothing in this section shall be construed to affect the rights of an individual under section #eeb;a7p74 7f7 ,report ,not later than #a year after the date of enactment of this section1 and annually thereafter for #e years1 the ,secretary shall submit a report on the activities of the ,secretary under this section1 including implementation of the ,integrity and ,compliance ,program1 to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,oversight and ,government ,reform and the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7g7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct periodic reviews of the ,integrity and ,compliance ,program2 and 7#b7 submit reports on the results of the reviews under paragraph 7#a7 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-- 7,a7 #b years after the date of enactment of this section2 and 7,b7 #c years after submission of the report under subparagraph 7,a74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ha is amended by inserting after the item relating to section #haeb the following3 #haec4 ,integrity and ,compliance ,program4 4 7c7 ,effective date ,this section and the amendments made by this section shall take effect on the date of enactment of this ,act4 #eac4 ,amount of compensation 7a7 ,injuries to face1 head1 and neck ,section #hajg7;c77#ba7 is amended-- 7#a7 by striking not to exceed #c1ejj and inserting in proportion to the severity of the disfigurement1 not to exceed #ej1jjj12 and 7#b7 by adding at the end the following3 ,the maximum amount of compensation under this paragraph shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent44 7b7 ,funeral expenses ,section #hacd7;a7 is amended-- 7#a7 by striking #hjj and inserting #f1jjj2 and 7#b7 by adding at the end the following3 ,the maximum amount of compensation under this subsection shall be increased on ,march #a 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 year1 adjusted to the nearest one-tenth of #a percent44 7c7 ,application ,the amendments made by this section shall apply to injuries or deaths1 respectively1 occurring on or after the date of enactment of this ,act4 #ead4 ,terrorism injuries2 zones of armed conflict 7a7 ,covering terrorism injuries ,section #hajb7;b7 is amended in the matter preceding paragraph 7#a7-- 7#a7 by inserting or from an attack by a terrorist or terrorist organization1 either known or unknown1 after force or individual12 and 7#b7 by striking outside and all that follows through #aigi7 and inserting outside of the ,united ,states4 7b7 ,continuation of pay in a zone of armed conflict ,section #haah1 as amended by section #ejh7;b7 of this ,act1 is amended-- 7#a7 in subsection 7b71 by striking ,continuation and inserting ,except as provided under subsection 7d77#b71 continuation2 7#b7 in subsection 7c71 as redesignated by section #ejh7;b77#d7 of this ,act1 by striking subsection 7a7 and inserting subsection 7a7 or 7d72 and 7#c7 inserting before subsection 7e7 the following3 7d7 ,continuation of pay in a zone of armed conflict 7#a7 ,in general ,notwithstanding subsection 7a71 the ,united ,states shall authorize the continuation of pay of an employee described in subparagraph 7,a71 7,c71 7,d71 or 7,f7 of section #haja7a71 who-- 7,a7 files a claim for a period of wage loss due to an injury in performance of duty in a zone of armed conflict 7as determined by the ,secretary of ,labor under paragraph 7#c772 and 7,b7 files the claim for such wage loss benefit with the immediate superior of the employee not later than #de days after the later of-- 7i7 the termination of the assignment of the employee to the zone of armed conflict2 or 7ii7 the return of the employee to the ,united ,states4 7#b7 ,continuation of pay ,notwithstanding subsection 7b71 continuation of pay under this subsection shall be furnished for a period not to exceed #ace days without any break in time or waiting period1 unless controverted under regulations prescribed by the ,secretary of ,labor4 7#c7 ,determination of zones of armed conflict ,for purposes of this subsection1 the ,secretary of ,labor1 in consultation with the ,secretary of ,state and the ,secretary of ,defense1 shall determine whether a foreign country or other foreign geographic area outside of the ,united ,states 7as defined in section #bjb7;a77#g7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #dcjb7;a77#g77 is a zone of armed conflict based on whether-- 7,a7 the ,armed ,forces of the ,united ,states are involved in hostilities in the country or area2 7,b7 the incidence of civil insurrection1 civil war1 terrorism1 or wartime conditions threatens physical harm or imminent danger to the health or well-being of ,united ,states civilian employees in the country or area2 7,c7 the country or area has been designated a combat zone by the ,president under section #aab7;c7 of the ,internal ,revenue ,code of #aihf2 7,d7 a contingency operation involving combat operations directly affects civilian employees in the country or area2 or 7,e7 there exist other relevant conditions and factors4 4 #eae4 ,technical and conforming amendments ,chapter #ha is amended-- 7#a7 in section #haja7a77;,d71 by inserting for an injury that occurred before the effective date of section #bjd7;e7 of the ,district of ,columbia ,self-,government and ,governmental ,reorganization ,act 7,public ,law #ic-aih2 #hg ,stat4 #ghc2 #e ,u4,s4,c4 #haja note7 before the semicolon2 7#b7 in section #haci1 by inserting under this subchapter after ,compensation awarded2 and 7#c7 in section #hadh7;a71 by striking section #hajf and inserting section #hajf;a4 #eaf4 ,regulations 7a7 ,in general ,as soon as possible after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate regulations 7which may include interim final regulations7 to carry out this title4 7b7 ,contents ,the regulations promulgated under subsection 7a7 shall include1 for purposes of the amendments made by sections #ejb and #ejc1 clarification of-- 7#a7 what is a claim2 and 7#b7 what is the date on which a period of disability1 for which a claim is made1 commences4 #eag4 ,effective date ,except as otherwise provided in this title1 this title and the amendments made by this title shall take effect #fj days after the date of enactment of this ,act4 ,,vi ,property management and expedited disposal of real property #fja4 ,short title ,this title may be cited as the ,federal ,real ,property ,asset ,management ,reform ,act of #bjad4 #fjb4 ,purpose ,the purpose of this title is to increase the efficiency and effectiveness of the ,federal ,government in managing real property by-- 7#a7 requiring agencies to maintain an up-to-date inventory of real property2 7#b7 establishing a ,federal ,real ,property ,council to develop guidance on and ensure the implementation of strategies for better managing ,federal real property2 and 7#c7 authorizing a pilot program to expedite the disposal of surplus real property4 #fjc4 ,property management and expedited disposal of real property ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vii ,property management and expedited disposal of real property #fba4 ,definitions ,in this subchapter3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,council ,the term ,council means the ,federal ,real ,property ,council established by section #fbd7;a74 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,disposal ,the term disposal means any action that constitutes the removal of any real property from the ,federal inventory1 including sale1 deed1 demolition1 or exchange4 7#e7 ,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 agency4 7#f7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 or 7,b7 a wholly owned ,government corporation4 7#g7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#h7 ,postal property ,the term postal property means any building owned by the ,united ,states ,postal ,service4 7#i7 ,surplus property 7,a7 ,in general ,the term surplus property means excess real property that is not required to meet the needs or responsibilities of any ,federal agency4 7,b7 ,exclusions ,the term surplus property does not include-- 7i7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7ii7 any property that is excepted from the definition of the term property under section #ajb2 7iii7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7iv7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7v7 any real property the ,director excludes for reasons of national security2 7vi7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,i7 the ,secretary of the ,interior1 acting through-- 7aa7 the ,director of the ,bureau of ,land ,management2 7bb7 the ,director of the ,national ,park ,service2 7cc7 the ,commissioner of ,reclamation2 or 7dd7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,,ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7vii7 any property operated and maintained by the ,united ,states ,postal ,service4 7#aj7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the accountable ,federal agency for program purposes of the ,federal agency2 or 7,b7 for program purposes that can be satisfied with only a portion of the property4 #fbb4 ,duties of ,federal agencies ,each ,federal agency shall-- 7#a7 maintain adequate inventory controls and accountability systems for real property under the control of the ,federal agency2 7#b7 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 property2 7#c7 continuously survey real property under the control of the ,federal agency to identify excess property1 underutilized property1 and other real property suitable to be used for-- 7,a7 colocation with other ,federal agencies2 or 7,b7 consolidation with other facilities2 7#d7 promptly report excess property and underutilized property to the ,administrator2 7#e7 establish goals that will lead the ,federal agency to reduce excess property and underutilized property in the inventory of the ,federal agency2 7#f7 submit to the ,council a report on all excess property and underutilized property in the inventory of the ,federal agency1 including-- 7,a7 whether underutilized property can be better utilized2 and 7,b7 the extent to which the ,federal agency believes that the underutilized property serves the needs of the ,federal agency to retain underutilized property2 7#g7 adopt workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7#h7 assess leased space to identify space that is not fully used or occupied2 7#i7 on an annual basis and subject to the guidance of the ,council-- 7,a7 conduct an inventory of real property under control of the ,federal agency2 and 7,b7 make an assessment of each real property1 which shall include-- 7i7 the age and condition of the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures associated with the property2 7vii7 sustainability metrics associated with the property2 7viii7 the number of ,federal employees and functions housed at the property2 7ix7 the extent to which the mission of the ,federal agency is dependent on the property2 7x7 the estimated amount of capital expenditures projected to maintain and operate the property over each of the next #e years after the date of enactment of this subchapter2 and 7xi7 any additional information required by the ,administrator to carry out section #fbe2 and 7#aj7 provide to the ,council and the ,administrator the information described in paragraph 7#i77;,b7 to be used for the establishment and maintenance of the database described in section #fbe4 #fbc4 ,colocation among ,united ,states ,postal ,service properties 7a7 ,identification of postal property ,each year1 the ,postmaster ,general may-- 7#a7 identify a list of postal properties with space available for use by ,federal agencies2 and 7#b7 submit the list to the ,council4 7b7 ,submission of list of postal properties to ,federal agencies 7#a7 ,in general ,not later than #cj days after the completion of a list under subsection 7a71 the ,council shall provide the list to each ,federal agency4 7#b7 ,review by ,federal agencies ,not later than #ij days after the receipt of the list submitted under paragraph 7#a71 each ,federal agency shall-- 7,a7 review the list2 7,b7 identify real property assets under the control of the ,federal agency2 and 7,c7 recommend colocations if appropriate4 7c7 ,terms of colocation ,on approval of the recommendations under subsection 7b7 by the ,postmaster ,general and the applicable agency head1 the ,federal agency or appropriate landholding entity may work with the ,postmaster ,general to establish appropriate terms of a lease for each postal property4 #fbd4 ,establishment of a ,federal ,real ,property ,council 7a7 ,establishment ,there is established a ,federal ,real ,property ,council4 7b7 ,purpose ,the purpose of the ,council shall be to-- 7#a7 develop guidance and ensure implementation of an efficient and effective real property management strategy2 7#b7 identify opportunities for the ,federal ,government to better manage real property assets2 and 7#c7 reduce the costs of managing real property1 including operations1 maintenance1 and security4 7c7 ,composition 7#a7 ,in general ,the ,council shall be composed exclusively of-- 7,a7 the senior real property officers of each ,federal agency2 7,b7 the ,deputy ,director for ,management of the ,office of ,management and ,budget2 7,c7 the ,controller of the ,office of ,management and ,budget2 7,d7 the ,administrator2 and 7,e7 any other full-time or permanent part-time ,federal officials or employees1 as the ,chairperson determines to be necessary4 7#b7 ,chairperson ,the ,deputy ,director for ,management of the ,office of ,management and ,budget shall serve as ,chairperson of the ,council4 7#c7 ,executive ,director 7,a7 ,in general ,the ,chairperson shall designate an ,executive ,director to assist in carrying out the duties of the ,council4 7,b7 ,qualifications2 full-time ,the ,executive ,director shall-- 7i7 be appointed from among individuals who have substantial experience in the areas of commercial real estate and development1 real property management1 and ,federal operations and management2 and 7ii7 serve full time4 7d7 ,meetings 7#a7 ,in general ,the ,council shall meet subject to the call of the ,chairperson4 7#b7 ,minimum ,the ,council shall meet not fewer than #d times each year4 7e7 ,duties ,the ,council1 in consultation with the ,director and the ,administrator1 shall-- 7#a7 not later than #a year after the date of enactment of this subchapter1 establish a real property management plan template1 to be updated annually1 which shall include performance measures1 specific milestones1 measurable savings1 strategies1 and ,government-wide goals based on the goals established under section #fbb7e7 to reduce surplus property or to achieve better utilization of underutilized property1 and evaluation criteria to determine the effectiveness of real property management that are designed to-- 7,a7 enable ,congress and heads of ,federal agencies to track progress in the achievement of real property management objectives on a ,government-wide basis2 7,b7 improve the management of real property2 and 7,c7 allow for comparison of the performance of ,federal agencies against industry and other public sector agencies in terms of performance2 7#b7 develop standard use rates consistent throughout each category of space and with nongovernmental space use rates2 7#c7 develop a strategy to reduce the reliance of ,federal agencies on leased space for long-term needs if ownership would be less costly2 7#d7 provide guidance on eliminating inefficiencies in the ,federal leasing process2 7#e7 compile a list of real property assets that are field offices that are suitable for colocation with other real property assets2 and 7#f7 not later than #a year after the date of enactment of this subchapter and annually during the #d-year period beginning on the date that is #a year after the date of enactment of this subchapter and ending on the date that is #e years after the date of enactment of this subchapter1 the ,council shall submit to the ,director a report that contains-- 7,a7 a list of the remaining excess1 surplus1 and underutilized properties of each ,federal agency2 7,b7 the progress of the ,council toward developing guidance for ,federal agencies to ensure that the assessment required under section #fbb7i77;,b7 is carried out in a uniform manner2 and 7,c7 the progress of ,federal agencies toward achieving the goals established under section #fbb7e74 7f7 ,consultation ,in carrying out the duties described in subsection 7e71 the ,council shall also consult with representatives of-- 7#a7 ,state1 local1 tribal authorities1 and affected communities2 and 7#b7 appropriate private sector entities and nongovernmental organizations that have expertise in areas of-- 7,a7 commercial real estate and development2 7,b7 government management and operations2 7,c7 space planning2 7,d7 community development1 including transportation and planning2 and 7,e7 historic preservation4 7g7 ,council resources ,the ,director and the ,administrator shall provide staffing1 and administrative support for the ,council1 as appropriate4 #fbe4 ,federal real property inventory and database 7a7 ,in general ,not later than #a year after the date of enactment of this subchapter1 the ,administrator shall establish and maintain a single1 comprehensive1 and descriptive database of all real property under the custody and control of all ,federal agencies4 7b7 ,contents ,the database shall include-- 7#a7 information provided to the ,administrator under section #fbb7aj72 and 7#b7 a list of real property disposals completed1 including-- 7,a7 the date and disposal method used for each real property2 7,b7 the proceeds obtained from the disposal of each real property2 7,c7 the amount of time required to dispose of the real property1 including the date on which the real property is designated as excess property2 7,d7 the date on which the property is designated as surplus property and the date on which the property is disposed2 and 7,e7 all costs associated with the disposal4 7c7 ,accessibility 7#a7 ,committees ,the database established under subsection 7a7 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 ,representatives4 7#b7 ,general public ,not later than #c years after the date of enactment of this subchapter and to the extent consistent with national security1 the ,administrator shall make the database established under subsection 7a7 accessible to the public at no cost through the website of the ,general ,services ,administration4 #fbf4 ,limitation on certain leasing authorities 7a7 ,in general ,except as provided in subsection 7b71 not later than ,december #ca of each year following the date of enactment of this subchapter1 a ,federal agency with independent leasing authority shall submit to the ,council a list of all leases1 including operating leases1 in effect on the date of enactment of this subchapter that includes-- 7#a7 the date on which each lease was executed2 7#b7 the date on which each lease will expire2 7#c7 a description of the size of the space2 7#d7 the location of the property2 7#e7 the tenant agency2 7#f7 the total annual rental rate2 and 7#g7 the amount of the net present value of the total estimated legal obligations of the ,federal ,government over the life of the contract4 7b7 ,exception ,subsection 7a7 shall not apply to-- 7#a7 the ,united ,states ,postal ,service2 7#b7 the ,department of ,veterans ,affairs2 or 7#c7 any other property the ,president excludes from subsection 7a7 for reasons of national security4 #fbg4 ,expedited disposal pilot program 7a7 ,establishment ,the ,director shall establish a pilot program for disposal of any surplus property by sale1 transfer1 or other means4 7#a7 ,properties for expedited disposal 7,a7 ,in general ,on an annual basis1 the ,director may authorize the expedited disposal of not more than #bjj surplus properties4 7,b7 ,priority ,in determining which properties to dispose of1 the ,director shall give priority to surplus properties that have the highest fair market value and the greatest potential for disposal4 7,c7 ,costs associated with disposal 7i7 ,in general ,the ,administrator may obligate an amount to pay any direct and indirect costs under section #egb related to identifying and preparing properties to be reported as excess property by a ,federal agency4 7ii7 ,reimbursement ,an amount obligated under clause 7i7 shall be paid from the proceeds of any sale of real property under this subsection4 7iii7 ,net proceeds ,net proceeds shall be distributed under subsection 7b74 7,d7 ,maximum net proceeds ,any real property authorized for disposal by sale under subparagraph 7,a7 shall be disposed of in a manner that1 as determined by the ,administrator in consultation with the head of the applicable ,federal agency1 is structured and marketed to maximize the value to the ,federal ,government4 7,e7 ,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-- 7i7 exceed the costs of disposal of the property2 and 7ii7 are not less than #ij percent of fair market value4 7,f7 ,local government notification 7i7 ,notification ,not later than #cj days after the date on which the ,director makes the authorization under subparagraph 7,a71 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 7,a74 7ii7 ,removal from pilot program 7,i7 ,in general ,the ,director1 at the discretion of the ,director1 may remove a property for which notification has been provided under clause 7i7 from the pilot program established under subparagraph 7,a74 7,,ii7 ,replacement ,for each property removed from the pilot program under subclause 7,i71 the ,director may authorize the expedited disposal of #a property not originally authorized under subparagraph 7,a74 7#b7 ,applicability of certain law ,any expedited disposal of real property conducted under this section shall not be subject to-- 7,a7 any section of ,an ,act ,authorizing the ,transfer of ,certain ,real ,property for ,wildlife1 or ,other ,purposes 7#af ,u4,s4,c4 #ffg;b72 7,b7 sections #ajg and #cag of title #bc2 7,c7 sections #ede7;b77#h71 #eej1 #eec1 #eed1 and #acjd7;b7 of this title2 7,d7 section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa72 7,e7 section #dgaea of title #di2 or 7,f7 section #ac7;d7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;d774 7#c7 ,effect ,except as provided in paragraph 7#b71 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 property4 7b7 ,use of proceeds 7#a7 ,in general ,of the proceeds received from the disposal of any real property under this subchapter-- 7,a7 not less than #hj percent shall be returned to the general fund of the ,treasury for debt reduction2 7,b7 the lesser of #ah 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 property1 subject to paragraph 7#b72 7,c7 not greater than #b percent shall be made available to carry out section #fbh1 subject to annual appropriations2 and 7,d7 any remaining share of the proceeds shall be returned to the general fund of the ,treasury for ,federal budget deficit reduction4 7#b7 ,limitation on use of proceeds ,any proceeds retained by ,federal agencies under this section shall be-- 7,a7 deposited into the appropriate real property account of the ,federal agency that had custody and accountability for the real property1 with the funds expended only as authorized in annual appropriations ,acts2 7,b7 used-- 7i7 by not later than #b years after the date of disposal of the real property2 and 7ii7 only for activities relating to ,federal real property asset management and disposal2 and 7,c7 if not used by the date described in subparagraph 7,b77i71 shall be deposited in the ,treasury and used for ,federal budget deficit reduction4 7c7 ,public benefit 7#a7 ,conveyance ,except as provided in paragraph 7#b71 if a real property authorized to be disposed of under subsection 7a7 has not been disposed of by the date that is #b years after the date the property is listed for sale1 the ,director1 in consultation with the ,administrator and the ,secretary of ,housing and ,urban ,development1 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 law4 7#b7 ,predominant use and size standards 7,a7 ,in general ,any real property authorized to be disposed of under subsection 7a7 shall not be conveyed under paragraph 7#a7 if-- 7i7 the predominant use of the property is not for housing2 and 7ii7 7,i7 the area of the property is not less than #be1jjj square feet2 or 7,,ii7 the appraised fair market value of the property is greater than #a1jjj1jjj4 7,b7 ,appraised fair market value ,the appraised fair market value described in subparagraph 7,a77ii77,,ii7 shall be determined by the ,federal agency with custody or control of the property1 in consultation with the ,administrator and standard appraisal practice4 7d7 ,enforcement 7#a7 ,increase in size of inventory ,except as provided in paragraph 7#b71 if a ,federal agency fails to make available for public sale the real property authorized for disposal under subsection 7a7 by the date that is #ah months after the date on which the authorization is made1 that ,federal agency1 except for specific exceptions promulgated by the ,director1 shall not increase the size of the civilian real property inventory1 unless the square footage of the increase is offset1 within an appropriate time as determined by the ,director1 through consolidation1 colocation1 or disposal of another building space from the inventory of that ,federal agency4 7#b7 ,exception ,paragraph 7#a7 shall not apply to a ,federal agency that acquires any real property not under the administrative jurisdiction of the ,federal ,government1 by sale or lease1 until the ,director submits a certification to ,congress of the disposal of all of those surplus properties4 7e7 ,termination of authority ,the authority provided by this section terminates on the date that is #e years after the date of enactment of this subchapter4 #fbh4 ,homeless assistance grants 7a7 ,definitions ,in this section3 7#a7 ,eligible nonprofit organization ,the term eligible nonprofit organization means a nonprofit organization that is a representative of the homeless4 7#b7 ,homeless ,the term homeless has the meaning given the term in section #ajc of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb71 except that subsection 7c7 of that section shall not apply4 7#c7 ,permanent housing ,the term permanent housing has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#d7 ,private nonprofit organization ,the term private nonprofit organization has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7#e7 ,representative of the homeless ,the term representative of the homeless has the meaning given the term in section #eja7;i7 of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7;i774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,housing and ,urban ,development4 7#g7 ,transitional housing ,the term transitional housing has the meaning given the term in section #dja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacfj74 7b7 ,grant authority 7#a7 ,in general ,to the extent amounts are made available under section #fbg7;b77#a77;,c7 for use under this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq471 to purchase real property suitable for use to assist the homeless in accordance with subsection 7c74 7#b7 ,terms and conditions ,except as otherwise provided in this section1 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 ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacha et seq474 7c7 ,use of properties for housing or shelter for the homeless 7#a7 ,eligible uses ,an eligible private nonprofit organization that receives a grant under subsection 7b7 shall use the amounts received only to purchase or rehabilitate real property to provide permanent housing1 transitional housing1 or temporary shelter to the homeless4 7#b7 ,term of use ,the ,secretary may not make a grant under subsection 7b7 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 7#a7 for a period of not less than #ae years4 7d7 ,preference ,in awarding grants under subsection 7b71 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 #fbg4 7e7 ,regulations ,the ,secretary may promulgate such regulations as are necessary to carry out this section4 4 #fjd4 ,report of the ,comptroller ,general 7a7 ,draft ,not later than #c years after the date of enactment of this ,act1 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 #c4 7b7 ,final ,not later than #e years after the date of enactment of this ,act1 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 #c4 #fje4 ,technical and conforming amendment ,the table of sections for chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 ,,subchapter ,,vii--,property management and expedited disposal of real property#fba4 ,definitions4#fbb4 ,duties of ,federal agencies4#fbc4 ,colocation among ,united ,states ,postal ,service properties4#fbd4 ,establishment of a ,federal ,real ,property ,council4#fbe4 ,federal real property inventory and database4#fbf4 ,limitation on certain leasing authorities4#fbg4 ,expedited disposal pilot program4#fbh4 ,homeless assistance grants4 4 ,july #ca1 #bjad,reported with an amendment