[Congressional Record Volume 158, Number 55 (Tuesday, April 17, 2012)]
[Senate]
[Pages S2406-S2434]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 2001. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``Postal 
     Reform Act of 2012''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references.

                 TITLE I--POSTAL SERVICE MODERNIZATION

            Subtitle A--Commission on Postal Reorganization

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Commission on Postal Reorganization.
Sec. 104. Recommendations for closures and consolidations.
Sec. 105. Implementation of closures and consolidations.
Sec. 106. Congressional consideration of final CPR reports.
Sec. 107. Nonappealability of decisions.
Sec. 108. Rules of construction.
Sec. 109. GAO study and report.

                      Subtitle B--Other Provisions

Sec. 111. Frequency of mail delivery.
Sec. 112. Efficient and flexible universal postal service.
Sec. 113. Enhanced reporting on Postal Service efficiency.
Sec. 114. Applicability of procedures relating to closures and 
              consolidations.

   TITLE II--POSTAL SERVICE FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

               Subtitle A--Establishment and Organization

Sec. 201. Purposes.
Sec. 202. Establishment of the Authority.
Sec. 203. Membership and qualification requirements.
Sec. 204. Organization.
Sec. 205. Executive Director and staff.
Sec. 206. Funding.

                  Subtitle B--Powers of the Authority

Sec. 211. Powers.
Sec. 212. Exemption from liability for claims.
Sec. 213. Treatment of actions arising under this title.
Sec. 214. Delivery point modernization.

Subtitle C--Establishment and Enforcement of Financial Plan and Budget 
                         for the Postal Service

Sec. 221. Development of financial plan and budget for the Postal 
              Service.
Sec. 222. Process for submission and approval of financial plan and 
              budget.
Sec. 223. Responsibilities of the Authority.
Sec. 224. Effect of finding noncompliance with financial plan and 
              budget.
Sec. 225. Recommendations regarding financial stability, etc.
Sec. 226. Special rules for fiscal year in which control period 
              commences.
Sec. 227. Assistance in achieving financial stability, etc.
Sec. 228. Obtaining reports.
Sec. 229. Reports and comments.

              Subtitle D--Termination of a Control Period

Sec. 231. Termination of control period, etc.
Sec. 232. Congressional consideration of recommendation.

                  TITLE III--POSTAL SERVICE WORKFORCE

Sec. 301. Modifications relating to determination of pay comparability.
Sec. 302. Limitation on postal contributions under FEGLI and FEHBP.
Sec. 303. Repeal of provision relating to overall value of fringe 
              benefits.
Sec. 304. Applicability of reduction-in-force procedures.
Sec. 305. Modifications relating to collective bargaining.

             TITLE IV--FEDERAL EMPLOYEE'S COMPENSATION ACT

Sec. 401. Short title; references.
Sec. 402. Federal workers compensation reforms for retirement-age 
              employees.
Sec. 403. Augmented compensation for dependents.
Sec. 404. Schedule compensation payments.
Sec. 405. Vocational rehabilitation.
Sec. 406. Reporting requirements.
Sec. 407. Disability management review; independent medical 
              examinations.
Sec. 408. Waiting period.
Sec. 409. Election of benefits.
Sec. 410. Sanction for noncooperation with field nurses.
Sec. 411. Subrogation of continuation of pay.
Sec. 412. Social Security earnings information.
Sec. 413. Amount of compensation.
Sec. 414. Technical and conforming amendments.
Sec. 415. Regulations.

                    TITLE V--POSTAL SERVICE REVENUE

Sec. 501. Adequacy, efficiency, and fairness of postal rates.
Sec. 502. Repeal of rate preferences for qualified political 
              committees.
Sec. 503. Streamlined review of qualifying service agreements for 
              competitive products.
Sec. 504. Submission of service agreements for streamlined review.
Sec. 505. Transparency and accountability for service agreements.
Sec. 506. Nonpostal services.
Sec. 507. Reimbursement of Alaska bypass mail costs.
Sec. 508. Appropriations modernization.
Sec. 509. Retiree health care benefit payment deferral.

                  TITLE VI--POSTAL CONTRACTING REFORM

Sec. 601. Contracting provisions.
Sec. 602. Technical amendment to definition.
       (c) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of title 39, United States Code.

                 TITLE I--POSTAL SERVICE MODERNIZATION

            Subtitle A--Commission on Postal Reorganization

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``Commission on Postal 
     Reorganization Act'' or the ``CPR Act''.

     SEC. 102. DEFINITIONS.

       For purposes of this title--
       (1) the term ``Postal Service'' means the United States 
     Postal Service;
       (2) the term ``postal retail facility'' means a post 
     office, post office branch, post office classified station, 
     or other facility which is operated by the Postal Service, 
     and the primary function of which is to provide retail postal 
     services;
       (3) the term ``mail processing facility'' means a 
     processing and distribution center, processing and 
     distribution facility, network distribution center, or other 
     facility which is operated by the Postal Service, and the 
     primary function of which is to sort and process mail;
       (4) the term ``district office'' means the central office 
     of an administrative field unit with responsibility for 
     postal operations in a designated geographic area (as defined 
     under regulations, directives, or other guidance of the 
     Postal Service, as in effect on June 23, 2011);
       (5) the term ``area office'' means the central office of an 
     administrative field unit with responsibility for postal 
     operations in a designated geographic area which is comprised 
     of designated geographic areas as referred to in paragraph 
     (4); and
       (6) the term ``baseline year'' means the fiscal year last 
     ending before the date of the enactment of this Act.

     SEC. 103. COMMISSION ON POSTAL REORGANIZATION.

       (a) Establishment.--There shall be established, not later 
     than 90 days after the date of the enactment of this Act, an 
     independent commission to be known as the ``Commission on 
     Postal Reorganization'' (hereinafter in this section referred 
     to as the ``Commission'').
       (b) Duties.--The Commission shall carry out the duties 
     specified for it in this subtitle.
       (c) Members.--
       (1) In general.--The Commission shall be composed of 5 
     members who shall be appointed by the President, and of 
     whom--
       (A) 1 shall be appointed from among individuals recommended 
     by the Speaker of the House of Representatives;
       (B) 1 shall be appointed from among individuals recommended 
     by the majority leader of the Senate;
       (C) 1 shall be appointed from among individuals recommended 
     by the minority leader of the House of Representatives;
       (D) 1 shall be appointed from among individuals recommended 
     by the minority leader of the Senate; and
       (E) 1 shall be appointed from among individuals recommended 
     by the Comptroller General.
       (2) Qualifications.--
       (A) In general.--Members of the Commission shall be chosen 
     to represent the public interest generally, and shall not be 
     representatives of specific interests using the Postal 
     Service.
       (B) Ineligibility.--An individual may not be appointed to 
     serve as a member of the Commission if such individual served 
     as an employee of the Postal Service or the Postal Regulatory 
     Commission, or of a labor organization representing employees 
     of the Postal Service or the Postal Regulatory Commission, 
     during the 3-year period ending on the date of such 
     appointment.
       (3) Political affiliation.--Not more than 3 members of the 
     Commission may be of the same political party.
       (d) Terms.--Each member of the Commission shall be 
     appointed for the life of the Commission and may be removed 
     only for cause.
       (e) Vacancies.--A vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (f) Chairman.--The President shall, at the time of making 
     appointments under subsection (c), designate one of the 
     members to serve as chairman of the Commission.
       (g) Compensation and Travel Expenses.--
       (1) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     each member of the Commission shall be paid at a rate equal 
     to the

[[Page S2407]]

     daily equivalent of $40,000 per year for each day (including 
     travel time) during which the member is engaged in the actual 
     performance of duties vested in the Commission.
       (B) Exception.--Any member of the Commission who is a full-
     time officer or employee of the United States may not receive 
     additional pay, allowances, or benefits by reason of such 
     member's service on the Commission.
       (2) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions of subchapter I of 
     chapter 57 of title 5, United States Code.
       (h) Director.--The Commission shall have a Director who 
     shall be appointed by the Commission. The Director shall be 
     paid at the rate of basic pay for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code. 
     An appointment under this subsection shall be subject to the 
     requirements of subsection (c)(2).
       (i) Additional Personnel.--With the approval of the 
     Commission, the Director may appoint and fix the pay of such 
     additional personnel as the Director considers appropriate. 
     Such additional personnel may be appointed without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and may be paid 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that an individual so 
     appointed may not receive pay at a rate of basic pay in 
     excess of the rate of basic pay payable to the Director. An 
     individual appointed under this subsection shall serve at the 
     pleasure of the Director.
       (j) Provisions Relating to Details.--
       (1) In general.--Upon request of the Director, the head of 
     any Federal department or agency may detail any of the 
     personnel of such department or agency to the Commission to 
     assist the Commission in carrying out its duties under this 
     subtitle. Notwithstanding any other provision of law, to 
     provide continuity in the work of the Commission, such 
     details may be extended beyond 1 year at the request of the 
     Director.
       (2) Numerical limitation.--Not more than \1/3\ of the 
     personnel of the Commission may consist of the number of 
     individuals on detail from the Postal Service and the Postal 
     Regulatory Commission combined.
       (3) Other limitations.--A person may not be detailed to the 
     Commission from the Postal Service or the Postal Regulatory 
     Commission if such person participated personally and 
     substantially on any matter, within the Postal Service or the 
     Postal Regulatory Commission, concerning the preparation of 
     recommendations for closures or consolidations of postal 
     facilities under this subtitle. No employee of the Postal 
     Service or the Postal Regulatory Commission (including a 
     detailee to the Postal Service or the Postal Regulatory 
     Commission) may--
       (A) prepare any report concerning the effectiveness, 
     fitness, or efficiency of the performance, on the staff of 
     the Commission, of any person detailed from the Postal 
     Service or the Postal Regulatory Commission to such staff;
       (B) review the preparation of such a report; or
       (C) approve or disapprove such a report.
       (k) Other Authorities.--
       (1) Experts and consultants.--The Commission may procure by 
     contract, to the extent funds are available, temporary or 
     intermittent services under section 3109 of title 5, United 
     States Code.
       (2) Leasing, etc.--The Commission may lease space and 
     acquire personal property to the extent funds are available.
       (l) Authorization of Appropriations.--In order to carry out 
     this section, there are authorized to be appropriated out of 
     the Postal Service Fund $20,000,000, which funds shall remain 
     available until expended.
       (m) Financial Reporting.--
       (1) Audit and expenditures.--The Commission shall be 
     responsible for issuing annual financial statements and for 
     establishing and maintaining adequate controls over its 
     financial reporting.
       (2) Internal audits.--The Commission shall maintain an 
     adequate internal audit of its financial transactions.
       (3) Annual certification.--The Commission shall obtain an 
     annual certification for each fiscal year from an 
     independent, certified public accounting firm of the accuracy 
     of its financial statements.
       (4) Comptroller general.--The accounts and operations of 
     the Commission shall be audited by the Comptroller General 
     and reports thereon made to the Congress to the extent and at 
     such times as the Comptroller General may determine.
       (n) Termination.--The Commission shall terminate 60 days 
     after submitting its final reports under section 104(d)(3).

     SEC. 104. RECOMMENDATIONS FOR CLOSURES AND CONSOLIDATIONS.

       (a) Plan for the Closure or Consolidation of Postal Retail 
     Facilities.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Postal Service, in 
     consultation with the Postal Regulatory Commission, shall 
     develop and submit to the Commission on Postal Reorganization 
     a plan for the closure or consolidation of such postal retail 
     facilities as the Postal Service considers necessary and 
     appropriate so that the total annual costs attributable to 
     the operation of postal retail facilities will be, for each 
     fiscal year beginning at least 2 years after the date on 
     which the Commission transmits to Congress its final report 
     under subsection (d)(3)(A) relating to this subsection, at 
     least $1,000,000,000 less than the corresponding total annual 
     costs for the baseline year.
       (2) Contents.--The plan shall include--
       (A) a list of the postal retail facilities proposed for 
     closure or consolidation under this subtitle;
       (B) a proposed schedule under which--
       (i) closures and consolidations of postal retail facilities 
     would be carried out under this subtitle; and
       (ii) all closures and consolidations of postal retail 
     facilities under this subtitle would be completed by not 
     later than 2 years after the date on which the Commission 
     transmits to Congress its final report under subsection 
     (d)(3)(A) relating to such plan;
       (C) the estimated total annual cost savings attributable to 
     the proposed closures and consolidations described in the 
     plan;
       (D) the criteria and process used to develop the 
     information described in subparagraphs (A) and (B);
       (E) the methodology and assumptions used to derive the 
     estimates described in subparagraph (C); and
       (F) any changes to the processing, transportation, 
     delivery, or other postal operations anticipated as a result 
     of the proposed closures and consolidations described in the 
     plan.
       (3) Consistency.--The methodology and assumptions used to 
     derive the cost estimates described in paragraph (2)(C) shall 
     be consistent with the methodology and assumptions which 
     would have been used by the Postal Service if those closures 
     and consolidations had instead taken effect in the baseline 
     year.
       (b) Plan for the Closure or Consolidation of Mail 
     Processing Facilities.--
       (1) In general.--Not later than 300 days after the date of 
     the enactment of this Act, the Postal Service, in 
     consultation with the Inspector General of the United States 
     Postal Service, shall develop and submit to the Commission on 
     Postal Reorganization a plan for the closure or consolidation 
     of such mail processing facilities as the Postal Service 
     considers necessary and appropriate so that--
       (A) the total annual costs attributable to the operation of 
     mail processing facilities will be, for each fiscal year 
     beginning at least 2 years after the date on which the 
     Commission transmits to Congress its final report under 
     subsection (d)(3)(A) relating to this subsection, at least 
     $2,000,000,000 less than the corresponding total annual costs 
     for the baseline year; and
       (B) the Postal Service has, for fiscal years beginning at 
     least 2 years after the date on which the Commission 
     transmits to Congress its final report under subsection 
     (d)(3)(A) relating to this subsection, no more than 10 
     percent excess mail processing capacity.
       (2) Contents.--The plan shall include--
       (A) a list of the mail processing facilities proposed for 
     closure or consolidation under this subtitle;
       (B) a proposed schedule under which--
       (i) closures and consolidations of mail processing 
     facilities would be carried out under this subtitle; and
       (ii) all closures and consolidations of mail processing 
     facilities under this subtitle would be completed by not 
     later than 2 years after the date on which the Commission 
     transmits to Congress its final report under subsection 
     (d)(3)(A) relating to such plan;
       (C) the estimated total annual cost savings attributable to 
     the proposed closures and consolidations described in the 
     plan;
       (D) the criteria and process used to develop the 
     information described in subparagraphs (A) and (B);
       (E) the methodology and assumptions used to derive the 
     estimates described in subparagraph (C); and
       (F) any changes to the processing, transportation, 
     delivery, or other postal operations anticipated as a result 
     of the proposed closures and consolidations described in the 
     plan.
       (3) Consistency.--The methodology and assumptions used to 
     derive the cost estimates described in paragraph (2)(C) shall 
     be consistent with the methodology and assumptions which 
     would have been used by the Postal Service if those closures 
     and consolidations had instead taken effect in the baseline 
     year.
       (4) Excess mail processing capacity.--The Commission shall 
     cause to be published in the Federal Register notice of a 
     proposed definition of ``excess mail processing capacity'' 
     for purposes of this section within 120 days after the date 
     of the enactment of this Act, and shall provide a period of 
     30 days for public comment on the proposed definition. Not 
     later than 180 days after the date of the enactment of this 
     Act, the Commission shall issue and cause to be published in 
     the Federal Register a final definition of ``excess mail 
     processing capacity'' for purposes of this section. Such 
     definition shall include an estimate of the total amount of 
     excess mail processing capacity in mail processing facilities 
     as of the date of the enactment of this Act.
       (5) Underutilized mail processing facilities.--In 
     developing a plan under this subsection, the Postal Service 
     may include the estimated total cost savings that would 
     result from moving mail processing operations to any mail 
     processing facility that, as of the date of introduction of 
     this Act--
       (A) is not currently used by the Postal Service; and
       (B) is capable of processing mail to the Postal Service's 
     standards.

[[Page S2408]]

       (c) Plan for the Closure or Consolidation of Area and 
     District Offices.--
       (1) In general.--Not later than 300 days after the date of 
     the enactment of this Act, the Postal Service, in 
     consultation with the Inspector General of the United States 
     Postal Service, shall develop and submit to the Commission on 
     Postal Reorganization a plan for the closure or consolidation 
     of such area and district offices as the Postal Service 
     considers necessary and appropriate so that the combined 
     total number of area and district offices will be, for each 
     fiscal year beginning at least 2 years after the date on 
     which the Commission transmits to Congress its final report 
     under subsection (d)(3)(A) relating to this subsection, at 
     least 30 percent less than the corresponding combined total 
     for the baseline year.
       (2) Contents.--The plan shall include--
       (A) a list of the area and district offices proposed for 
     closure or consolidation under this subtitle;
       (B) a proposed schedule under which--
       (i) closures and consolidations of area and district 
     offices would be carried out under this subtitle; and
       (ii) all closures and consolidations of area and district 
     offices under this subtitle would be completed by not later 
     than 2 years after the date on which the Commission transmits 
     to Congress its final report under subsection (d)(3)(A) 
     relating to such plan;
       (C) the estimated total annual cost savings attributable to 
     the proposed closures and consolidations described in the 
     plan;
       (D) the criteria and process used to develop the 
     information described in subparagraphs (A) and (B);
       (E) the methodology and assumptions used to derive the 
     estimates described in subparagraph (C); and
       (F) any changes to the processing, transportation, 
     delivery, or other postal operations anticipated as a result 
     of the proposed closures and consolidations described in the 
     plan.
       (3) Consistency.--The methodology and assumptions used to 
     derive the cost estimates described in paragraph (2)(C) shall 
     be consistent with the methodology and assumptions which 
     would have been used by the Postal Service if those closures 
     and consolidations had instead taken effect in the baseline 
     year.
       (d) Review and Recommendations of the Commission.--
       (1) Initial reports.--
       (A) In general.--After receiving the plan of the Postal 
     Service under subsection (a), (b), or (c), the Commission on 
     Postal Reorganization shall transmit to Congress and publish 
     in the Federal Register a report under this paragraph, which 
     shall contain the Commission's findings based on a review and 
     analysis of such plan, together with the Commission's initial 
     recommendations for closures and consolidations of postal 
     facilities, mail processing facilities, or area and district 
     offices (as the case may be).
       (B) Explanation of changes.--The Commission shall explain 
     and justify in its report any recommendations made by the 
     Commission that are different from those contained in the 
     Postal Service plan to which such report pertains.
       (C) Deadlines.--A report of the Commission under this 
     paragraph shall be transmitted and published, in accordance 
     with subparagraph (A), within--
       (i) if the report pertains to the plan under subsection 
     (a), 60 days after the date on which the Commission receives 
     such plan; or
       (ii) if the report pertains to the plan under subsection 
     (b) or (c), 90 days after the date on which the Commission 
     receives such plan.
       (2) Public hearings.--
       (A) In general.--After receiving the plan of the Postal 
     Service under subsection (a), (b), or (c), the Commission on 
     Postal Reorganization shall conduct at least 5 public 
     hearings on such plan. The hearings shall be conducted in 
     geographic areas chosen so as to reflect a broadly 
     representative range of needs and interests.
       (B) Testimony.--All testimony before the Commission at a 
     public hearing conducted under this paragraph shall be given 
     under oath.
       (C) Deadlines.--All hearings under this paragraph shall be 
     completed within 60 days after the date as of which the 
     Commission satisfies the requirements of paragraph (1) with 
     respect to such plan.
       (3) Final reports.--
       (A) In general.--After satisfying the requirements of 
     paragraph (2) with respect to the plan of the Postal Service 
     under subsection (a), (b), or (c) (as the case may be), the 
     Commission shall transmit to Congress and publish in the 
     Federal Register a report under this paragraph containing a 
     summary of the hearings conducted with respect to such plan, 
     together with the Commission's final recommendations for 
     closures and consolidations of postal facilities, mail 
     processing facilities, or area and district offices (as the 
     case may be).
       (B) Approval.--Recommendations under subparagraph (A) shall 
     not be considered to be final recommendations unless they are 
     made with--
       (i) except as provided in clause (ii), the concurrence of 
     at least 4 members of the Commission; or
       (ii) to the extent that the requirements of subsection 
     (b)(1)(A) or (c)(1) are not met, the concurrence of all 
     sitting members, but only if the shortfall (relative to the 
     requirements of subsection (b)(1)(A) or (c)(1), as the case 
     may be) does not exceed 25 percent.
       (C) Contents.--A report under this paragraph shall 
     include--
       (i) the information required by paragraph (2) of subsection 
     (a), (b), or (c) (as the case may be); and
       (ii) a description of the operations that will be affected 
     by the closure or consolidation and the facilities or offices 
     which will be performing or ceasing to perform such 
     operations as a result of such closure or consolidation.
       (D) Deadlines.--A report of the Commission under this 
     paragraph shall be transmitted and published, in accordance 
     with subparagraph (A), within 60 days after the date as of 
     which the Commission satisfies the requirements of paragraph 
     (2) with respect to the plan involved.
       (e) Limitation Relating to Postal Retail Facilities 
     Identified for Closure or Consolidation.--
       (1) Applicability.--This subsection applies to any plan of 
     the Postal Service under subsection (a) and any report of the 
     Commission under subsection (d) (whether initial or final) 
     pertaining to such plan.
       (2) Limitation.--Of the total number of postal retail 
     facilities recommended for closure or consolidation 
     (combined) under any plan or report to which this subsection 
     applies, the number of such facilities that are within the K 
     or L cost ascertainment grouping (combined) shall account for 
     not more than 10 percent of such total number.
       (3) References.--For purposes of this subsection--
       (A) any reference to a ``cost ascertainment grouping'' 
     shall be considered to refer to a cost ascertainment grouping 
     as described in section 123.11 of the Postal Operations 
     Manual (as in effect on June 23, 2011); and
       (B) any reference to a particular category (designated by a 
     letter) of a cost ascertainment grouping shall be considered 
     to refer to such category, as described in such section 
     123.11 (as in effect on the date specified in subparagraph 
     (A)).
       (f) Annual Reports.--
       (1) In general.--There shall be included in the next 5 
     annual reports submitted under section 2402 of title 39, 
     United States Code, beginning with the report covering any 
     period of time occurring after the date of enactment of this 
     Act, the following (shown on a State-by-State basis):
       (A) In connection with closures and consolidations taking 
     effect in the year covered by the report, the total number of 
     individuals separated from employment with the Postal 
     Service, including, if separation occurs in a year other than 
     the year in which the closing or consolidation occurs, the 
     year in which separation occurs.
       (B) Of the total numbers under subparagraph (A)--
       (i) the number and percentage comprising preference 
     eligibles or veterans; and
       (ii) the number and percentage comprising individuals other 
     than preference eligibles or veterans.
       (C) Of the total numbers under subparagraph (A), the number 
     and percentage reemployed in a position within the general 
     commuting area of the facility or office involved (including, 
     if reemployment occurs in a year other than the year in which 
     the closing or consolidation occurs, the year in which 
     reemployment occurs)--
       (i) with the Postal Service; or
       (ii) with an employer other than the Postal Service.
       (D) The methodology and assumptions used to derive the 
     estimates described in subparagraph (B).
       (E) The criteria and process used to develop the 
     information described in subparagraph (C).
       (2) Definitions.--For purposes of this subsection--
       (A) the term ``preference eligible'' has the meaning given 
     such term in section 2108(3) of title 5, United States Code; 
     and
       (B) the term ``veteran'' has the meaning given such term in 
     section 101(2) of title 38, United States Code.

     SEC. 105. IMPLEMENTATION OF CLOSURES AND CONSOLIDATIONS.

       (a) In General.--Subject to subsection (b), the Postal 
     Service shall--
       (1) close or consolidate (as the case may be) the 
     facilities and offices recommended by the Commission in each 
     of its final reports under section 104(d)(3); and
       (2) carry out those closures and consolidations in 
     accordance with the timetable recommended by the Commission 
     in such report, except that in no event shall any such 
     closure or consolidation be completed later than 2 years 
     after the date on which such report is submitted to Congress.
       (b) Congressional Disapproval.--
       (1) In general.--The Postal Service may not carry out any 
     closure or consolidation recommended by the Commission in a 
     final report if a joint resolution disapproving the 
     recommendations of the Commission is enacted, in accordance 
     with section 106, before the earlier of--
       (A) the end of the 30-day period beginning on the date on 
     which the Commission transmits those recommendations to 
     Congress under section 104(d)(3); or
       (B) the adjournment of the Congress sine die for the 
     session during which such report is transmitted.
       (2) Days of session.--For purposes of paragraph (1) and 
     subsections (a) and (c) of section 106, the days on which 
     either House of Congress is not in session because of an 
     adjournment of more than 7 days to a day certain shall be 
     excluded in the computation of a period.

[[Page S2409]]

     SEC. 106. CONGRESSIONAL CONSIDERATION OF FINAL CPR REPORTS.

       (a) Terms of the Resolution.--For purposes of this 
     subtitle, the term ``joint resolution'', as used with respect 
     to a report under section 104(d)(3), means only a joint 
     resolution--
       (1) which is introduced within the 10-day period beginning 
     on the date on which such report is received by Congress;
       (2) the matter after the resolving clause of which is as 
     follows: ``That Congress disapproves the recommendations of 
     the Commission on Postal Reorganization, submitted by such 
     Commission on __, and pertaining to the closure or 
     consolidation of __.'', the first blank space being filled in 
     with the appropriate date and the second blank space being 
     filled in with ``postal retail facilities'', ``mail 
     processing facilities'', or ``area and district offices'' (as 
     the case may be);
       (3) the title of which is as follows: ``Joint resolution 
     disapproving the recommendations of the Commission on Postal 
     Reorganization.''; and
       (4) which does not have a preamble.
       (b) Referral.--A resolution described in subsection (a) 
     that is introduced in the House of Representatives or the 
     Senate shall be referred to the appropriate committees of the 
     House of Representatives or the Senate, respectively.
       (c) Discharge.--If the committee to which a resolution 
     described in subsection (a) is referred has not reported such 
     resolution (or an identical resolution) by the end of the 20-
     day period beginning on the date on which the Commission 
     transmits the report (to which such resolution pertains) to 
     Congress under section 104(d)(3), such committee shall, at 
     the end of such period, be discharged from further 
     consideration of such resolution, and such resolution shall 
     be placed on the appropriate calendar of the House involved.
       (d) Consideration.--
       (1) In general.--On or after the third day after the date 
     on which the committee to which such a resolution is referred 
     has reported, or has been discharged (under subsection (c)) 
     from further consideration of, such a resolution, it is in 
     order (even though a previous motion to the same effect has 
     been disagreed to) for any Member of the respective House to 
     move to proceed to the consideration of the resolution. A 
     Member may make the motion only on the day after the calendar 
     day on which the Member announces to the House concerned the 
     Member's intention to make the motion, except that, in the 
     case of the House of Representatives, the motion may be made 
     without such prior announcement if the motion is made by 
     direction of the committee to which the resolution was 
     referred. All points of order against the resolution (and 
     against consideration of the resolution) are waived. The 
     motion is highly privileged in the House of Representatives 
     and is privileged in the Senate and is not debatable. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the respective House shall immediately proceed to 
     consideration of the joint resolution without intervening 
     motion, order, or other business, and the resolution shall 
     remain the unfinished business of the respective House until 
     disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 2 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on a resolution described in 
     subsection (a) and a single quorum call at the conclusion of 
     the debate if requested in accordance with the rules of the 
     appropriate House, the vote on final passage of the 
     resolution shall occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Consideration by Other House.--
       (1) In general.--If, before the passage by one House of a 
     resolution of that House described in subsection (a), that 
     House receives from the other House a resolution (described 
     in subsection (a)) relating to the same report, then the 
     following procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee and may not be considered in the House 
     receiving it except in the case of final passage as provided 
     in subparagraph (B)(ii).
       (B) With respect to the resolution described in subsection 
     (a) (relating to the report in question) of the House 
     receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     resolution (relating to the same report) had been received 
     from the other House; but
       (ii) the vote on final passage shall be on the resolution 
     of the other House.
       (2) Disposition of a resolution.--Upon disposition of the 
     resolution received from the other House, it shall no longer 
     be in order to consider the resolution that originated in the 
     receiving House.
       (f) Rules of the Senate and House.--This section is enacted 
     by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 107. NONAPPEALABILITY OF DECISIONS.

       (a) To PRC.--The closing or consolidation of any facility 
     or office under this subtitle may not be appealed to the 
     Postal Regulatory Commission under section 404(d) or any 
     other provision of title 39, United States Code, or be the 
     subject of an advisory opinion issued by the Postal 
     Regulatory Commission under section 3661 of such title.
       (b) Judicial Review.--No process, report, recommendation, 
     or other action of the Commission on Postal Reorganization 
     shall be subject to judicial review.

     SEC. 108. RULES OF CONSTRUCTION.

       (a) Continued Availability of Authority To Close or 
     Consolidate Postal Facilities.--
       (1) In general.--Nothing in this subtitle shall be 
     considered to prevent the Postal Service from closing or 
     consolidating any postal facilities, in accordance with 
     otherwise applicable provisions of law, either before or 
     after the implementation of any closures or consolidations 
     under this subtitle.
       (2) Coordination rule.--No appeal or determination under 
     section 404(d) of title 39, United States Code, or any other 
     provision of law shall delay, prevent, or otherwise affect 
     any closure or consolidation under this subtitle.
       (b) Inapplicability of Certain Provisions.--
       (1) In general.--The provisions of law identified in 
     paragraph (2)--
       (A) shall not apply to any closure or consolidation carried 
     out under this subtitle; and
       (B) shall not be taken into account for purposes of 
     carrying out section 103 or 104.
       (2) Provisions identified.--The provisions of law under 
     this paragraph are--
       (A) section 101(b) of title 39, United States Code; and
       (B) section 404(d) of title 39, United States Code.

     SEC. 109. GAO STUDY AND REPORT.

       (a) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the effects, with respect to 
     the unemployment rate of minority communities, of the 
     proposed closures and consolidations of postal retail 
     facilities, mail processing facilities, and area or district 
     offices under this subtitle.
       (b) Report.--Upon completion of the study required under 
     subsection (a), the Comptroller General of the United States 
     shall submit a report to Congress regarding the findings of 
     such study.

                      Subtitle B--Other Provisions

     SEC. 111. FREQUENCY OF MAIL DELIVERY.

       Section 101 of title 39, United States Code, is amended by 
     adding at the end the following:
       ``(h) Nothing in this title or any other provision of law 
     shall be considered to prevent the Postal Service from taking 
     whatever actions may be necessary to provide for 5-day 
     delivery of mail and a commensurate adjustment in rural 
     delivery of mail, subject to the requirements of section 
     3661.''.

     SEC. 112. EFFICIENT AND FLEXIBLE UNIVERSAL POSTAL SERVICE.

       (a) Postal Policy.--
       (1) In general.--Section 101(b) is amended to read as 
     follows:
       ``(b) The Postal Service shall provide effective and 
     regular postal services to rural areas, communities, and 
     small towns where post offices are not self-sustaining.''.
       (2) Conforming amendments.--(A) Clause (iii) of section 
     404(d)(2)(A) is amended to read as follows:
       ``(iii) whether such closing or consolidation is consistent 
     with the policy of the Government, as stated in section 
     101(b), that the Postal Service shall provide effective and 
     regular postal services to rural areas, communities, and 
     small towns where post offices are not self-sustaining;''.
       (B) Section 2401(b)(1) is amended (in the matter before 
     subparagraph (A)) by striking ``a maximum degree of''.
       (b) General Duty.--Paragraph (3) of section 403(b) is 
     amended to read as follows:
       ``(3) to ensure that postal patrons throughout the Nation 
     will, consistent with reasonable economies of postal 
     operations, have ready access to essential postal 
     services.''.
       (c) PRC Review of Determinations To Close or Consolidate a 
     Post Office.--
       (1) Deadline for review.--Section 404(d)(5) is amended by 
     striking ``120 days'' and inserting ``60 days''.

[[Page S2410]]

       (2) Exclusion from review.--Section 404(d) is amended by 
     adding at the end the following:
       ``(7)(A) The appeals process set forth in paragraph (5) 
     shall not apply to a determination of the Postal Service to 
     close a post office if there is located, within 2 miles of 
     such post office, a qualified contract postal unit.
       ``(B) For purposes of this paragraph--
       ``(i) the term `contract postal unit' means a store or 
     other place of business which--
       ``(I) is not owned or operated by the Postal Service; and
       ``(II) in addition to its usual operations, provides postal 
     services to the general public under contract with the Postal 
     Service; and
       ``(ii) the term `qualified contract postal unit', as used 
     in connection with a post office, means a contract postal 
     unit which--
       ``(I) begins to provide postal services to the general 
     public during the period--
       ``(aa) beginning 1 year before the date on which the 
     closure or consolidation of such post office is scheduled to 
     take effect; and
       ``(bb) ending on the 15th day after the date on which the 
     closure or consolidation of such post office is scheduled to 
     take effect; and
       ``(II) has not, pursuant to subparagraph (A), served as the 
     basis for exempting any other post office from the appeals 
     process set forth in paragraph (5).
       ``(C)(i) If the contract postal unit (which is providing 
     postal services that had been previously provided by the post 
     office that was closed) does not continue to provide postal 
     services, as required by subparagraph (B)(i)(II), for at 
     least the 2-year period beginning on the date on which such 
     post office was closed, the contract postal unit shall be 
     subject to a closure determination by the Postal Service to 
     decide whether a post office must be reopened within the area 
     (delimited by the 2-mile radius referred to in subparagraph 
     (A)).
       ``(ii) A decision under clause (i) not to reopen a post 
     office may be appealed to the Postal Regulatory Commission 
     under procedures which the Commission shall by regulation 
     prescribe. Such procedures shall be based on paragraph (5), 
     except that, for purposes of this clause, paragraph (5)(C) 
     shall be applied by substituting `in violation of section 
     101(b), leaving postal patrons without effective and regular 
     access to postal services' for `unsupported by substantial 
     evidence on the record'.''.
       (3) Applicability.--The amendments made by this subsection 
     shall not apply with respect to any appeal, notice of which 
     is received by the Postal Regulatory Commission before the 
     date of the enactment of this Act (determined applying the 
     rules set forth in section 404(d)(6) of title 39, United 
     States Code).
       (d) Expedited Procedures.--
       (1) In general.--Section 3661 is amended by adding at the 
     end the following:
       ``(d)(1) The Commission shall issue its opinion within 90 
     days after the receipt of any proposal (as referred to in 
     subsection (b)) concerning--
       ``(A) the closing or consolidation of postal retail 
     facilities (as that term is defined in section 102(2) of the 
     Postal Reform Act of 2012) to a degree that will generally 
     affect service on a nationwide or substantially nationwide 
     basis; or
       ``(B) an identical or substantially identical proposal on 
     which the Commission issued an opinion within the preceding 5 
     years.
       ``(2) If necessary in order to comply with the 90-day 
     requirement under paragraph (1), the Commission may apply 
     expedited procedures which the Commission shall by regulation 
     prescribe.''.
       (2) Regulations.--The Postal Regulatory Commission shall 
     prescribe any regulations necessary to carry out the 
     amendment made by paragraph (1) within 90 days after the date 
     of the enactment of this Act.
       (3) Applicability.--The amendment made by this subsection 
     shall apply with respect to any proposal received by the 
     Postal Regulatory Commission on or after the earlier of--
       (A) the 90th day after the date of the enactment of this 
     Act; or
       (B) the effective date of the regulations under paragraph 
     (2).

     SEC. 113. ENHANCED REPORTING ON POSTAL SERVICE EFFICIENCY.

       Section 3652(a) is amended--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding after paragraph (2) the following:
       ``(3) which shall provide the overall change in Postal 
     Service productivity and the resulting effect of such change 
     on overall Postal Service costs during such year, using such 
     methodologies as the Commission shall by regulation 
     prescribe.''.

     SEC. 114. APPLICABILITY OF PROCEDURES RELATING TO CLOSURES 
                   AND CONSOLIDATIONS.

       (a) In General.--Section 404(d) is amended by adding at the 
     end the following:
       ``(7) For purposes of this subsection, the term `post 
     office' means a post office and any other facility described 
     in section 102(2) of the Postal Reform Act of 2012.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective with respect to any closure or 
     consolidation, the proposed effective date of which occurs on 
     or after the 60th day following the date of enactment of this 
     Act.

   TITLE II--POSTAL SERVICE FINANCIAL RESPONSIBILITY AND MANAGEMENT 
                          ASSISTANCE AUTHORITY

               Subtitle A--Establishment and Organization

     SEC. 201. PURPOSES.

       (a) Purposes.--The purposes of this title are as follows:
       (1) To eliminate budget deficits and cash shortages of the 
     Postal Service through strategic financial planning, sound 
     budgeting, accurate revenue forecasts, and careful spending.
       (2) To ensure the universal service mandate detailed in 
     section 101 of title 39, United States Code, is maintained 
     during a period of fiscal emergency.
       (3) To conduct necessary investigations and studies to 
     determine the fiscal status and operational efficiency of the 
     Postal Service.
       (4) To assist the Postal Service in--
       (A) restructuring its organization and workforce to bring 
     expenses in line with diminishing revenue and generate 
     sufficient profits for capital investment and repayment of 
     debt;
       (B) meeting all fiscal obligations to the Treasury of the 
     United States; and
       (C) ensuring the appropriate and efficient delivery of 
     postal services.
       (5) To ensure the long-term financial, fiscal, and economic 
     vitality and operational efficiency of the Postal Service.
       (b) Reservation of Powers.--Nothing in this title may be 
     construed--
       (1) to relieve any obligations existing as of the date of 
     the enactment of this Act of the Postal Service to the 
     Treasury of the United States; or
       (2) to limit the authority of Congress to exercise ultimate 
     legislative authority over the Postal Service.

     SEC. 202. ESTABLISHMENT OF THE AUTHORITY.

       (a) Establishment.--There shall be established, upon the 
     commencement of any control period, an entity to be known as 
     the ``Postal Service Financial Responsibility and Management 
     Assistance Authority'' (hereinafter in this title referred to 
     as the ``Authority'').
       (b) Control Period.--
       (1) Commencement of a control period.--
       (A) In general.--For the purposes of this title, a control 
     period commences whenever the Postal Service has been in 
     default to the Treasury of the United States, with respect to 
     any debts, obligations, loans, bonds, notes, or other form of 
     borrowing, or any scheduled payments to any fund in the 
     Treasury of the United States, for a period of at least 30 
     days.
       (B) Advisory period.--For purposes of the first control 
     period, the Authority shall operate exclusively in an 
     advisory period for two full fiscal years after the 
     commencement of the control period. At the completion of the 
     second full fiscal year or any year thereafter during the 
     length of the control period, if the Postal Service's annual 
     deficit is greater than $2,000,000,000, the Authority shall 
     be fully in force according to the provisions of this title. 
     During an advisory period--
       (i) the Authority is not authorized to employ any staff and 
     the Postal Service shall designate a Level-Two Postal Service 
     Executive as a liaison with the members of the Authority; and
       (ii) any provision of this title that requires the 
     Authority or the Postal Service to take any action shall be 
     considered only to take effect in the event the Authority 
     comes into full force and that effective date shall be 
     considered to be the date of the commencement of the control 
     period for the purposes any provision not mention in this 
     subparagraph.
       (2) Treatment of authorities and responsibilities of the 
     board of governors, etc. during a control period.--During a 
     control period--
       (A) all authorities and responsibilities of the Board of 
     Governors, and the individual Governors, of the Postal 
     Service under title 39, United States Code, and any other 
     provision of law shall be assumed by the Authority; and
       (B) the Board of Governors, and the individual Governors, 
     may act in an advisory capacity only.
       (3) Treatment of certain postal service executives during a 
     control period.--
       (A) Definition.--For the purposes of this section, the term 
     ``Level-Two Postal Service Executive'' includes the 
     Postmaster General, the Deputy Postmaster General, and all 
     other officers or employees of the Postal Service in level 
     two of the Postal Career Executive Service (or the 
     equivalent).
       (B) Treatment.--Notwithstanding any other provision of law 
     or employment contract, during a control period--
       (i) all Level-Two Postal Service Executives shall serve at 
     the pleasure of the Authority;
       (ii) the duties and responsibilities of all Level-Two 
     Postal Service Executives, as well as the terms and 
     conditions of their employment (including their 
     compensation), shall be subject to determination or 
     redetermination by the Authority;
       (iii) total compensation of a Level-Two Postal Service 
     Executive may not, for any year in such control period, 
     exceed the annual rate of basic pay payable for level I of 
     the Executive Schedule under section 5312 of title 5, United 
     States Code, for such year; for purposes of this clause, the 
     term ``total compensation'' means basic pay, bonuses, awards, 
     and all other monetary compensation;
       (iv) the percentage by which the rate of basic pay of a 
     Level-Two Postal Service Executive is increased during any 
     year in such

[[Page S2411]]

     control period may not exceed the percentage change in the 
     Consumer Price Index for All Urban Consumers, unadjusted for 
     seasonal variation, for the most recent 12-month period 
     available, except that, in the case of a Level-Two Postal 
     Service Executive who has had a significant change in job 
     responsibilities, a greater change shall be allowable if 
     approved by the Authority;
       (v) apart from basic pay, a Level-Two Postal Service 
     Executive may not be afforded any bonus, award, or other 
     monetary compensation for any fiscal year in the control 
     period if expenditures of the Postal Service for such fiscal 
     year exceeded revenues of the Postal Service for such fiscal 
     year (determined in accordance with generally accepted 
     accounting principles); and
       (vi) no deferred compensation may be paid, accumulated, or 
     recognized in the case of any Level-Two Postal Service 
     Executive, with respect to any year in a control period, 
     which is not generally paid, accumulated, or recognized in 
     the case of employees of the United States (outside of the 
     Postal Service) in level I of the Executive Schedule under 
     section 5312 of title 5, United States Code, with respect to 
     such year.
       (C) Bonus authority.--Section 3686 of title 39, United 
     States Code, shall, during the period beginning on the 
     commencement date of the control period and ending on the 
     termination date of the control period--
       (i) be suspended with respect to all Level-Two Postal 
     Service Executives; but
       (ii) remain in effect for all other officers and employees 
     of the Postal Service otherwise covered by this section.
       (4) Termination of a control period.--Subject to subtitle 
     D, a control period terminates upon certification by the 
     Authority, with the concurrence of the Secretary of the 
     Treasury and the Director of the Office of Personnel 
     Management, that--
       (A) for 2 consecutive fiscal years (occurring after the 
     date of the enactment of this Act), expenditures of the 
     Postal Service did not exceed revenues of the Postal Service 
     (as determined in accordance with generally accepted 
     accounting principles);
       (B) the Authority has approved a Postal Service financial 
     plan and budget that shows expenditures of the Postal Service 
     not exceeding revenues of the Postal Service (as so 
     determined) for the fiscal year to which such budget pertains 
     and each of the next 3 fiscal years; and
       (C) the Postal Service financial plan and budget (as 
     referred to in subparagraph (B)) includes plans to properly 
     fund Postal Service pensions and retiree health benefits in 
     accordance with law.

     SEC. 203. MEMBERSHIP AND QUALIFICATION REQUIREMENTS.

       (a) Membership.--
       (1) In general.--The Authority shall consist of 5 members 
     appointed by the President who meet the qualifications 
     described in subsection (b), except that the Authority may 
     take any action under this title at any time after the 
     President has appointed 4 of its members.
       (2) Recommendations.--Of the 5 members so appointed--
       (A) 1 shall be appointed from among individuals recommended 
     by the Speaker of the House of Representatives;
       (B) 1 shall be appointed from among individuals recommended 
     by the majority leader of the Senate;
       (C) 1 shall be appointed from among individuals recommended 
     by the minority leader of the House of Representatives;
       (D) 1 shall be appointed from among individuals recommended 
     by the minority leader of the Senate; and
       (E) 1 shall be appointed from among individuals recommended 
     by the Comptroller General.
       (3) Political affiliation.--No more than 3 members of the 
     Authority may be of the same political party.
       (4) Chair.--The President shall designate 1 of the members 
     of the Authority as the Chair of the Authority.
       (5) Sense of congress regarding deadline for appointment.--
     It is the sense of Congress that the President should appoint 
     the members of the Authority as soon as practicable after the 
     date on which a control period commences, but no later than 
     30 days after such date.
       (6) Term of service.--
       (A) In general.--Except as provided in subparagraph (B), 
     each member of the Authority shall be appointed for a term of 
     3 years.
       (B) Appointment for term following initial term.--As 
     designated by the President at the time of appointment for 
     the term immediately following the initial term, of the 
     members appointed for the term immediately following the 
     initial term--
       (i) 1 member shall be appointed for a term of 1 year;
       (ii) 2 members shall be appointed for a term of 2 years; 
     and
       (iii) 2 members shall be appointed for a term of 3 years.
       (C) Removal.--The President may remove any member of the 
     Authority only for cause.
       (D) No compensation for service.--Members of the Authority 
     shall serve without pay, but may receive reimbursement for 
     any reasonable and necessary expenses incurred by reason of 
     service on the Authority.
       (b) Qualification Requirements.--
       (1) In general.--An individual meets the qualifications for 
     membership on the Authority if the individual--
       (A) has significant knowledge and expertise in finance, 
     management, and the organization or operation of businesses 
     having more than 500 employees; and
       (B) represents the public interest generally, is not a 
     representative of specific interests using or belonging to 
     the Postal Service, and does not have any business or 
     financial interest in any enterprise in the private sector of 
     the economy engaged in the delivery of mail matter.
       (2) Specific conditions.--An individual shall not be 
     considered to satisfy paragraph (1)(B) if, at any time during 
     the 5-year period ending on the date of appointment, such 
     individual--
       (A) has been an officer, employee, or private contractor 
     with the Postal Service or the Postal Regulatory Commission; 
     or
       (B) has served as an employee or contractor of a labor 
     organization representing employees of the Postal Service or 
     the Postal Regulatory Commission.

     SEC. 204. ORGANIZATION.

       (a) Adoption of By-Laws for Conducting Business.--As soon 
     as practicable after the appointment of its members, the 
     Authority shall adopt by-laws, rules, and procedures 
     governing its activities under this title, including 
     procedures for hiring experts and consultants. Upon adoption, 
     such by-laws, rules, and procedures shall be submitted by the 
     Authority to the Postmaster General, the President, and 
     Congress.
       (b) Certain Activities Requiring Approval of Majority of 
     Members.--Under its by-laws, the Authority may conduct its 
     operations under such procedures as it considers appropriate, 
     except that an affirmative vote of a majority of the members 
     of the Authority shall be required in order for the Authority 
     to--
       (1) approve or disapprove a financial plan and budget as 
     described by subtitle C;
       (2) implement recommendations on financial stability and 
     management responsibility under section 225;
       (3) take any action under authority of section 
     202(b)(3)(B)(i); or
       (4) initiate the establishment of a new workers' 
     compensation system for the Postal Service in accordance with 
     section 311.

     SEC. 205. EXECUTIVE DIRECTOR AND STAFF.

       (a) Executive Director.--The Authority shall have an 
     Executive Director who shall be appointed by the Chair with 
     the consent of the Authority. The Executive Director shall be 
     paid at a rate determined by the Authority, except that such 
     rate may not exceed the rate of basic pay payable for level 
     IV of the Executive Schedule under section 5315 of title 5, 
     United States Code.
       (b) Staff.--With the approval of the Authority, the 
     Executive Director may appoint and fix the pay of such 
     additional personnel as the Executive Director considers 
     appropriate, except that no individual appointed by the 
     Executive Director may be paid at a rate greater than the 
     rate of pay for the Executive Director. Personnel appointed 
     under this subsection shall serve at the pleasure of the 
     Executive Director.
       (c) Inapplicability of Certain Civil Service Laws.--The 
     Executive Director and staff of the Authority may be 
     appointed without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service, and paid without regard to the provisions of chapter 
     51 and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates.
       (d) Staff of Federal Agencies.--Upon request of the Chair, 
     the head of any Federal department or agency may detail, on a 
     reimbursable or nonreimbursable basis, any of the personnel 
     of such department or agency to the Authority to assist it in 
     carrying out its duties under this title.

     SEC. 206. FUNDING.

       (a) In General.--There are authorized to be appropriated, 
     out of the Postal Service Fund, such sums as may be necessary 
     for the Authority. In requesting an appropriation under this 
     section for a fiscal year, the Authority shall prepare and 
     submit to the Congress under section 2009 of title 39, United 
     States Code, a budget of the Authority's expenses, including 
     expenses for facilities, supplies, compensation, and employee 
     benefits not to exceed $10,000,000. In years in which a 
     control period commences, the Authority shall submit a budget 
     within 30 days of the appointment of the members of the 
     Authority.
       (b) Amendment to Section 2009.--Section 2009 is amended in 
     the next to last sentence--
       (1) by striking ``, and (3)'' and inserting ``, (3)''; and
       (2) by striking the period and inserting ``, and (4) the 
     Postal Service Financial Responsibility and Management 
     Assistance Authority requests to be appropriated, out of the 
     Postal Service Fund, under section 206 of the Postal Reform 
     Act of 2012.''.

                  Subtitle B--Powers of the Authority

     SEC. 211. POWERS.

       (a) Powers of Members and Agents.--Any member or agent of 
     the Authority may, if authorized by the Authority, take any 
     action which the Authority is authorized by this section to 
     take.
       (b) Obtaining Official Data From the Postal Service.--
     Notwithstanding any other provision of law, the Authority may 
     secure copies of such records, documents, information, or 
     data from any entity of the Postal Service necessary to 
     enable the Authority to carry out its responsibilities under 
     this title. At the request of the Authority, the Authority 
     shall be granted direct access to such information systems,

[[Page S2412]]

     records, documents, information, or data as will enable the 
     Authority to carry out its responsibilities under this title. 
     The head of the relevant entity of the Postal Service shall 
     provide the Authority with such information and assistance 
     (including granting the Authority direct access to automated 
     or other information systems) as the Authority requires under 
     this subsection.
       (c) Gifts, Bequests, and Devises.--The Authority may 
     accept, use, and dispose of gifts, bequests, or devises of 
     services or property, both real and personal, for the purpose 
     of aiding or facilitating the work of the Authority. Gifts, 
     bequests, or devises of money and proceeds from sales of 
     other property received as gifts, bequests, or devises shall 
     be deposited in such account as the Authority may establish 
     and shall be available for disbursement upon order of the 
     Chair.
       (d) Administrative Support Services.--Upon the request of 
     the Authority, the Administrator of General Services may 
     provide to the Authority, on a reimbursable basis, the 
     administrative support services necessary for the Authority 
     to carry out its responsibilities under this title.
       (e) Authority To Enter Into Contracts.--The Executive 
     Director may enter into such contracts as the Executive 
     Director considers appropriate (subject to the approval of 
     the Chair) to carry out the Authority's responsibilities 
     under this title.
       (f) Civil Actions To Enforce Powers.--The Authority may 
     seek judicial enforcement of its authority to carry out its 
     responsibilities under this title.
       (g) Penalties.--
       (1) Administrative discipline.--Any officer or employee of 
     the Postal Service who, by action or inaction, fails to 
     comply with any directive or other order of the Authority 
     under section 225(c) shall be subject to appropriate 
     administrative discipline, including suspension from duty 
     without pay or removal from office, by order of either the 
     Postmaster General or the Authority.
       (2) Reporting requirement.--Whenever an officer or employee 
     of the Postal Service takes or fails to take any action which 
     is noncompliant with any directive or other order of the 
     Authority under section 225(c), the Postmaster General shall 
     immediately report to the Authority all pertinent facts, 
     together with a statement of any actions taken by the 
     Postmaster General or proposed by the Postmaster General to 
     be taken under paragraph (1).
       (h) Sense of Congress.--It is the sense of Congress that, 
     in making determinations that affect prior collective 
     bargaining agreements and prior agreements on workforce 
     reduction, any rightsizing effort within the Postal Service 
     that results in a decrease in the number of postal employees 
     should ensure that such employees can receive their full 
     pensions, are fully compensated, and that the collective 
     bargaining agreements and prior agreements on workforce 
     reduction that they entered into with Postal Service 
     management are fully honored.

     SEC. 212. EXEMPTION FROM LIABILITY FOR CLAIMS.

       The Authority and its members may not be liable for any 
     obligation of or claim against the Postal Service resulting 
     from actions taken to carry out this title.

     SEC. 213. TREATMENT OF ACTIONS ARISING UNDER THIS TITLE.

       (a) Jurisdiction Established in United States Court of 
     Appeals for the District of Columbia Circuit.--A person 
     (including the Postal Service) adversely affected or 
     aggrieved by an order or decision of the Authority may, 
     within 30 days after such order or decision becomes final, 
     institute proceedings for review thereof by filing a petition 
     in the United States Court of Appeals for the District of 
     Columbia Circuit. The court shall review the order or 
     decision in accordance with section 706 of title 5, United 
     States Code, and chapter 158 and section 2112 of title 28, 
     United States Code. Judicial review shall be limited to the 
     question of whether the Authority acted in excess of its 
     statutory authority, and determinations of the Authority with 
     respect to the scope of its statutory authority shall be 
     upheld if based on a permissible construction of the 
     statutory authority.
       (b) Prompt Appeal to the Supreme Court.--Notwithstanding 
     any other provision of law, review by the Supreme Court of 
     the United States of a decision of the Court of Appeals which 
     is issued pursuant to subsection (a) may be had only if the 
     petition for such review is filed within 10 days after the 
     entry of such decision.
       (c) Timing of Relief.--No order of any court granting 
     declaratory or injunctive relief against the Authority, 
     including relief permitting or requiring the obligation, 
     borrowing, or expenditure of funds, shall take effect during 
     the pendency of the action before such court, during the time 
     appeal may be taken, or (if appeal is taken) during the 
     period before the court has entered its final order disposing 
     of such action.
       (d) Expedited Consideration.--It shall be the duty of the 
     United States Court of Appeals for the District of Columbia 
     and the Supreme Court of the United States to advance on the 
     docket and to expedite to the greatest possible extent the 
     disposition of any matter brought under subsection (a).

     SEC. 214. DELIVERY POINT MODERNIZATION.

       (a) Definitions.--For purposes of this section--
       (1) the term ``delivery point'' means a mailbox or other 
     receptacle to which mail is delivered;
       (2) the term ``primary mode of delivery'' means the typical 
     method by which the Postal Service delivers letter mail to 
     the delivery point of a postal patron;
       (3) the term ``door delivery'' means a primary mode of mail 
     delivery whereby mail is placed into a slot or receptacle at 
     or near the postal patron's door or is hand delivered to a 
     postal patron, but does not include curbside or centralized 
     delivery;
       (4) the term ``centralized delivery'' means a primary mode 
     of mail delivery whereby mail receptacles are grouped or 
     clustered at a single location; and
       (5) the term ``curbside delivery'' means a primary mode of 
     mail delivery whereby a mail receptacle is situated at the 
     edge of a roadway or curb.
       (b) Reduction in Total Number of Delivery Points.--The 
     Authority shall, during the first control period commencing 
     under this title, take such measures as may be necessary and 
     appropriate so that--
       (1) in each fiscal year beginning at least 2 years after 
     the commencement date of such first control period--
       (A) the total number of delivery points for which door 
     delivery is the primary mode of mail delivery does not exceed 
     25 percent of the corresponding number for the fiscal year 
     last ending before such commencement date; and
       (B) the total annual costs attributable to door delivery, 
     centralized delivery, and curbside delivery combined will be 
     at least $3,500,000,000 less than the corresponding total 
     annual costs for the fiscal year last ending before such 
     commencement date; and
       (2) in each fiscal year beginning at least 4 years after 
     the commencement date of such first control period, the total 
     number of delivery points for which door delivery is the 
     primary mode of mail delivery does not exceed 10 percent of 
     the corresponding number for the fiscal year last ending 
     before such commencement date.

     In making any decision under this subsection involving the 
     continuation or termination of door delivery with respect to 
     any locality or addresses within a locality, the Authority 
     shall consider rates of poverty, population density, 
     historical value, whether such locality is in a registered 
     historic district (as that term is defined in section 
     47(c)(3)(B) of the Internal Revenue Code of 1986), whether 
     such address is another place on the National Register of 
     Historic Places, and other appropriate factors.
       (c) Order of Precedence.--In order to carry out subsection 
     (b)--
       (1) in making conversions from door delivery to other 
     primary modes of delivery--
       (A) conversion shall be to centralized delivery; except
       (B) if subparagraph (A) is impractical, conversion shall be 
     to curbside delivery; and
       (2) in the case of delivery points established after the 
     commencement date of the first control period under this 
     title--
       (A) centralized delivery shall be the primary mode of 
     delivery; except
       (B) if subparagraph (A) is impractical, curbside delivery 
     shall be the primary mode of delivery.
       (d) Waiver for Physical Hardship.--The Postal Service shall 
     establish and maintain a waiver program under which, upon 
     application, door delivery may be continued or provided in 
     any case in which--
       (1) centralized or curbside delivery would, but for this 
     subsection, otherwise be the primary mode of delivery; and
       (2) door delivery is necessary in order to avoid causing 
     significant physical hardship to a postal patron.
       (e) Centralized Delivery Placement.--It is the sense of the 
     Congress that the Postal Service should negotiate with State 
     and local governments, businesses, local associations, and 
     property owners to place centralized delivery units in 
     locations that maximize delivery efficiency, ease of use for 
     postal patrons, and respect for private property rights.
       (f) Voucher Program.--
       (1) In general.--The Postal Service may, in accordance with 
     such standards and procedures as the Postal Service shall by 
     regulation prescribe, provide for a voucher program under 
     which--
       (A) upon application, the Postal Service may defray all or 
     any portion of the costs associated with conversion from door 
     delivery under this section which would otherwise be borne by 
     postal patrons; and
       (B) the Postal Service Competitive Products Fund is made 
     available for that purpose.
       (2) Conforming amendment.--Section 2011(a)(2) is amended--
       (A) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) vouchers under the program described in section 
     214(f)(1) of the Postal Reform Act of 2012.''.
       (g) Audits.--
       (1) In general.--The Inspector General of the United States 
     Postal Service--
       (A) shall conduct an annual audit to determine whether the 
     Postal Service is in compliance with the requirements of 
     subsection (b); and
       (B) shall make such recommendations as the Inspector 
     General considers appropriate to improve the administration 
     of such subsection.
       (2) Submission.--The audit and recommendations under 
     paragraph (1) shall be submitted by the Inspector General 
     to--

[[Page S2413]]

       (A) the Committee on Oversight and Government Reform of the 
     House of Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (3) Information.--Upon request, the Postal Service shall 
     furnish such information as the Inspector General may require 
     in order to carry out this subsection.
       (h) Savings Report.--
       (1) In general.--In the event that a reduction in door 
     delivery points is required under this section, the Authority 
     shall submit a report to Congress, not later than 1 year 
     after the date on which such reductions commence, describing 
     the cost savings realized to the date of such submission and 
     the estimated additional cost savings anticipated as a result 
     of such reductions occurring after such submission. The 
     report shall include--
       (A) the measures taken to achieve the realized savings and 
     the assumptions and methodologies used to compute the 
     estimated cost savings; and
       (B) information with respect to what additional measures 
     might be necessary to achieve the cost savings required under 
     this section.
       (2) Reduction limitation.--Notwithstanding any other 
     provision of this Act, if the Authority determines that the 
     measures described pursuant to subparagraphs (A) and (B) of 
     paragraph (1) are not feasible, not cost effective, or 
     otherwise detrimental to the mail delivery policy of the 
     Postal Service, the Authority shall submit a report to 
     Congress stating any legislative changes recommended for door 
     delivery modernization procedures under this section, 
     including increasing flexibility of this section's 
     requirements or the postponement of further conversion.

Subtitle C--Establishment and Enforcement of Financial Plan and Budget 
                         for the Postal Service

     SEC. 221. DEVELOPMENT OF FINANCIAL PLAN AND BUDGET FOR THE 
                   POSTAL SERVICE.

       (a) Development of Financial Plan and Budget.--For each 
     fiscal year for which the Postal Service is in a control 
     period, the Postmaster General shall develop and submit to 
     the Authority a financial plan and budget for the Postal 
     Service in accordance with this section.
       (b) Contents of Financial Plan and Budget.--A financial 
     plan and budget for the Postal Service for a fiscal year 
     shall specify the budget for the Postal Service as required 
     by section 2009 of title 39, United States Code, for the 
     applicable fiscal year and the next 3 fiscal years, in 
     accordance with the following requirements:
       (1) The financial plan and budget shall meet the 
     requirements described in subsection (c) to promote the 
     financial stability of the Postal Service.
       (2) The financial plan and budget shall--
       (A) include the Postal Service's annual budget program 
     (under section 2009 of title 39, United States Code) and the 
     Postal Service's plan commonly referred to as its 
     ``Integrated Financial Plan'';
       (B) describe lump-sum expenditures by all categories 
     traditionally used by the Postal Service;
       (C) describe capital expenditures (together with a schedule 
     of projected capital commitments and cash outlays of the 
     Postal Service and proposed sources of funding);
       (D) contain estimates of overall debt (both outstanding and 
     anticipated to be issued); and
       (E) contain cash flow and liquidity forecasts for the 
     Postal Service at such intervals as the Authority may 
     require.
       (3) The financial plan and budget shall include a statement 
     describing methods of estimations and significant 
     assumptions.
       (4) The financial plan and budget shall include any other 
     provisions and shall meet such other criteria as the 
     Authority considers appropriate to meet the purposes of this 
     title, including provisions for--
       (A) changes in personnel policies and levels for each 
     component of the Postal Service; and
       (B) management initiatives to promote productivity, 
     improvement in the delivery of services, or cost savings.
       (c) Requirements To Promote Financial Stability.--
       (1) In general.--The requirements to promote the financial 
     stability of the Postal Service applicable to the financial 
     plan and budget for a fiscal year are as follows:
       (A) In each fiscal year (following the first full fiscal 
     year) in a control period, budgeted expenditures of the 
     Postal Service for the fiscal year involved may not exceed 
     budgeted revenues of the Postal Service for the fiscal year 
     involved.
       (B) In each fiscal year in a control period, the Postal 
     Service shall make continuous, substantial progress towards 
     long-term fiscal solvency and shall have substantially 
     greater net income than in the previous fiscal year.
       (C) The financial plan and budget shall assure the 
     continuing long-term financial stability of the Postal 
     Service, as indicated by factors such as the efficient 
     management of the Postal Service's workforce and the 
     effective provision of services by the Postal Service.
       (2) Application of sound budgetary practices.--In meeting 
     the requirement described in paragraph (1) with respect to a 
     financial plan and budget for a fiscal year, the Postal 
     Service shall apply sound budgetary practices, including 
     reducing costs and other expenditures, improving 
     productivity, increasing revenues, or a combination of such 
     practices.
       (3) Assumptions based on current law.--In meeting the 
     requirements described in paragraph (1) with respect to a 
     financial plan and budget for a fiscal year, the Postal 
     Service shall base estimates of revenues and expenditures on 
     Federal law as in effect at the time of the preparation of 
     such financial plan and budget.

     SEC. 222. PROCESS FOR SUBMISSION AND APPROVAL OF FINANCIAL 
                   PLAN AND BUDGET.

       (a) In General.--For each fiscal year for which the Postal 
     Service is in a control period, the Postmaster General shall 
     submit to the Authority--
       (1) by February 1 before the start of such fiscal year, a 
     preliminary financial plan and budget under section 221 for 
     such fiscal year; and
       (2) by August 1 before the start of such fiscal year, a 
     final financial plan and budget under section 221 for such 
     fiscal year.
       (b) Review by Authority.--Upon receipt of a financial plan 
     and budget under subsection (a) (whether preliminary or 
     final), the Authority shall promptly review such financial 
     plan and budget. In conducting the review, the Authority may 
     request any additional information it considers necessary and 
     appropriate to carry out its duties under this subtitle.
       (c) Approval of Postmaster General's Financial Plan and 
     Budget.--
       (1) Certification to postmaster general.--
       (A) In general.--If the Authority determines that the final 
     financial plan and budget for the fiscal year submitted by 
     the Postmaster General under subsection (a) meets the 
     requirements of section 221--
       (i) the Authority shall approve the financial plan and 
     budget and shall provide the Postmaster General, the 
     President, and Congress with a notice certifying its 
     approval; and
       (ii) the Postmaster General shall promptly submit the 
     annual budget program to the Office of Management and Budget 
     pursuant to section 2009 of title 39, United States Code.
       (B) Deemed approval after 30 days.--
       (i) In general.--If the Authority has not provided the 
     Postmaster General, the President, and Congress with a notice 
     certifying approval under subparagraph (A)(i) or a statement 
     of disapproval under subsection (d) before the expiration of 
     the 30-day period which begins on the date the Authority 
     receives the financial plan and budget from the Postmaster 
     General under subsection (a), the Authority shall be deemed 
     to have approved the financial plan and budget and to have 
     provided the Postmaster General, the President, and Congress 
     with the notice certifying approval under subparagraph 
     (A)(i).
       (ii) Explanation of failure to respond.--If clause (i) 
     applies with respect to a financial plan and budget, the 
     Authority shall provide the Postmaster General, the President 
     and Congress with an explanation for its failure to provide 
     the notice certifying approval or the statement of 
     disapproval during the 30-day period described in such 
     clause.
       (d) Disapproval of Postmaster General's Budget.--If the 
     Authority determines that the final financial plan and budget 
     for the fiscal year submitted by the Postmaster General under 
     subsection (a) does not meet the requirements applicable 
     under section 221, the Authority shall disapprove the 
     financial plan and budget, and shall provide the Postmaster 
     General, the President, and Congress with a statement 
     containing--
       (1) the reasons for such disapproval;
       (2) the amount of any shortfall in the budget or financial 
     plan; and
       (3) any recommendations for revisions to the budget the 
     Authority considers appropriate to ensure that the budget is 
     consistent with the financial plan and budget.
       (e) Authority Review of Postmaster General's Revised Final 
     Financial Plan and Budget.--
       (1) Submission of postmaster general's revised final 
     financial plan and budget.--Not later than 15 days after 
     receiving the statement from the Authority under subsection 
     (d), the Postmaster General shall promptly adopt a revised 
     final financial plan and budget for the fiscal year which 
     addresses the reasons for the Authority's disapproval cited 
     in the statement, and shall submit such financial plan and 
     budget to the Authority.
       (2) Approval of postmaster general's revised final 
     financial plan and budget.--If, after reviewing the revised 
     final financial plan and budget for a fiscal year submitted 
     by the Postmaster General under paragraph (1) in accordance 
     with the procedures described in this section, the Authority 
     determines that the revised final financial plan and budget 
     meets the requirements applicable under section 221--
       (A) the Authority shall approve the financial plan and 
     budget and shall provide the Postmaster General, the 
     President, and Congress with a notice certifying its 
     approval; and
       (B) the Postmaster General shall promptly submit the annual 
     budget program to the Office of Management and Budget 
     pursuant to section 2009 of title 39, United States Code.
       (3) Disapproval of postmaster general's revised final 
     financial plan and budget.--
       (A) In general.--If, after reviewing the revised final 
     financial plan and budget for a fiscal year submitted by the 
     Postmaster

[[Page S2414]]

     General under paragraph (1) in accordance with the procedures 
     described in this subsection, the Authority determines that 
     the revised final financial plan and budget does not meet the 
     applicable requirements under section 221, the Authority 
     shall--
       (i) disapprove the financial plan and budget;
       (ii) provide the Postmaster General, the President, and 
     Congress with a statement containing the reasons for such 
     disapproval and describing the amount of any shortfall in the 
     financial plan and budget; and
       (iii) approve and recommend a financial plan and budget for 
     the Postal Service which meets the applicable requirements 
     under section 221, and submit such financial plan and budget 
     to the Postmaster General, the President, and Congress.
       (B) Submission to omb.--Upon receipt of the recommended 
     financial plan and budget under subparagraph (A)(iii), the 
     Postmaster General shall promptly submit the recommended 
     annual budget program to the Office of Management and Budget 
     pursuant to section 2009 of title 39, United States Code.
       (4) Deemed approval after 15 days.--
       (A) In general.--If the Authority has not provided the 
     Postmaster General, the President, and Congress with a notice 
     certifying approval under paragraph (2)(A) or a statement of 
     disapproval under paragraph (3) before the expiration of the 
     15-day period which begins on the date the Authority receives 
     the revised final financial plan and budget submitted by the 
     Postmaster General under paragraph (1), the Authority shall 
     be deemed to have approved the revised final financial plan 
     and budget and to have provided the Postmaster General, the 
     President, and Congress with the notice certifying approval 
     described in paragraph (2)(A).
       (B) Explanation of failure to respond.--If subparagraph (A) 
     applies with respect to a financial plan and budget, the 
     Authority shall provide the Postmaster General, the President 
     and Congress with an explanation for its failure to provide 
     the notice certifying approval or the statement of 
     disapproval during the 15-day period described in such 
     subparagraph.
       (f) Deadline for Transmission of Financial Plan and Budget 
     by Authority.--Notwithstanding any other provision of this 
     section, not later than September 30th before each fiscal 
     year which is in a control period, the Authority shall--
       (1) provide Congress with a notice certifying its approval 
     of the Postmaster General's initial financial plan and budget 
     for the fiscal year under subsection (c)(1);
       (2) provide Congress with a notice certifying its approval 
     of the Postmaster General's revised final financial plan and 
     budget for the fiscal year under subsection (e)(2); or
       (3) submit to Congress an approved and recommended 
     financial plan and budget of the Authority for the Postal 
     Service for the fiscal year under subsection (e)(3)(A)(iii).
       (g) Revisions to Financial Plan and Budget.--
       (1) Permitting postmaster general to submit revisions.--The 
     Postmaster General may submit proposed revisions to the 
     financial plan and budget for a control period to the 
     Authority at any time during the year.
       (2) Process for review, approval, disapproval, and 
     postmaster general action.--Except as provided in paragraph 
     (3), the procedures described in subsections (b), (c), (d), 
     and (e) shall apply with respect to a proposed revision to a 
     financial plan and budget in the same manner as such 
     procedures apply with respect to the original financial plan 
     and budget.
       (3) Exception for revisions not affecting spending.--To the 
     extent that a proposed revision to a financial plan and 
     budget adopted by the Postmaster General pursuant to this 
     subsection does not increase the amount of spending with 
     respect to any account of the Postal Service, the revision 
     shall become effective upon the Authority's approval of such 
     revision.

     SEC. 223. RESPONSIBILITIES OF THE AUTHORITY.

       (a) In General.--The Authority shall direct the exercise of 
     the powers of the Postal Service, including--
       (1) determining its overall strategies (both long-term and 
     short-term);
       (2) determining its organizational structure, particularly 
     for senior management at the level of vice president and 
     higher;
       (3) hiring, monitoring, compensating, and, when necessary, 
     replacing senior management at the level of vice president 
     and higher, as well as ensuring adequate succession planning 
     for these positions;
       (4) approving major policies, particularly those that have 
     an important effect on the Postal Service's financial 
     position and the provision of universal postal service;
       (5) approving corporate budgets, financial and capital 
     plans, operational and service performance standards and 
     targets, human resources strategies, collective bargaining 
     strategies, negotiation parameters, and collective bargaining 
     agreements, and the compensation structure for nonbargaining 
     employees;
       (6) approving substantial capital projects and any 
     substantial disposition of capital assets, such as surplus 
     property;
       (7) approving changes in rates and classifications, new 
     products and services, policy regarding other substantial 
     matters before the Postal Regulatory Commission, and any 
     appeals of its decisions or orders to the Federal courts;
       (8) approving the Postal Service Annual Report, Annual 
     Comprehensive Statement, and strategic plans, performance 
     plans, and performance program reports under chapter 28 of 
     title 39, United States Code;
       (9) formulating and communicating organizational policy and 
     positions on legislative and other public policy matters to 
     Congress and the public;
       (10) ensuring organizational responsiveness to oversight by 
     Congress, the Postal Regulatory Commission, the Treasury of 
     the United States, and other audit entities;
       (11) ensuring adequate internal controls and selecting, 
     monitoring, and compensating an independent public accounting 
     firm to conduct an annual audit of the Postal Service; and
       (12) carrying out any responsibility, not otherwise listed 
     in this subsection, that was the responsibility of the Board 
     of Governors at any time during the 5-year period ending on 
     the date of the enactment of this Act.
       (b) Review of Postal Service Proposals.--
       (1) Submission of postal service proposals to the 
     authority.--During a control period, the Postmaster General 
     shall submit to the Authority any proposal that has a 
     substantial effect on any item listed in subsection (a).
       (2) Prompt review by authority.--Upon receipt of a proposal 
     from the Postmaster General under paragraph (1), the 
     Authority shall promptly review the proposal to determine 
     whether it is consistent with the applicable financial plan 
     and budget approved under this title.
       (3) Actions by authority.--
       (A) Approval.--If the Authority determines that a proposal 
     is consistent with the applicable financial plan and budget, 
     the Authority shall notify the Postmaster General that it 
     approves the proposal.
       (B) Finding of inconsistency.--If the Authority determines 
     that a proposal is significantly inconsistent with the 
     applicable financial plan and budget, the Authority shall--
       (i) notify the Postmaster General of its finding;
       (ii) provide the Postmaster General with an explanation of 
     the reasons for its finding; and
       (iii) to the extent the Authority considers appropriate, 
     provide the Postmaster General with recommendations for 
     modifications to the proposal.
       (4) Deemed approval.--If the Authority does not notify the 
     Postmaster General that it approves or disapproves a proposal 
     submitted under this subsection during the 7-day period which 
     begins on the date the Postmaster General submits the 
     proposal to the Authority, the Authority shall be deemed to 
     have approved the proposal in accordance with paragraph 
     (3)(A). At the option of the Authority, the previous sentence 
     shall be applied as if the reference in such sentence to ``7-
     day period'' were a reference to ``14-day period'' if, during 
     the 7-day period referred to in the preceding sentence, the 
     Authority so notifies the Postmaster General.
       (c) Effect of Approved Financial Plan and Budget on 
     Contracts and Leases.--
       (1) Mandatory prior approval for certain contracts and 
     leases.--
       (A) In general.--In the case of a contract or lease 
     described in subparagraph (B) which is proposed to be entered 
     into, renewed, modified, or extended by the Postal Service 
     during a control period, the Postmaster General (or the 
     appropriate officer or agent of the Postal Service) shall 
     submit the proposed contract or lease to the Authority. The 
     Authority shall review each contract or lease submitted under 
     this subparagraph, and the Postmaster General (or the 
     appropriate officer or agent of the Postal Service) may not 
     enter into the contract or lease unless the Authority 
     determines that the proposed contract or lease is consistent 
     with the financial plan and budget for the fiscal year.
       (B) Contracts and leases described.--A contract or lease 
     described in this subparagraph is--
       (i) a labor contract entered into through collective 
     bargaining; or
       (ii) such other type of contract or lease as the Authority 
     may specify for purposes of this subparagraph.
       (2) Authority to review other contracts after execution.--
       (A) In general.--In addition to the prior approval of 
     certain contracts and leases, the Postal Service shall submit 
     to the Authority--
       (i) any Level-Two Post Career Executive Service employee 
     contract that is in effect during a control period; and
       (ii) any collective bargaining agreement entered into by 
     the Postal Service that is in effect during a control period.

     Any such contract or agreement shall be submitted to the 
     Authority upon the commencement of a control period and at 
     such other times as the Authority may require.
       (B) Review by authority.--The Authority shall review each 
     contract submitted under subparagraph (A) to determine if the 
     contract is consistent with the financial plan and budget for 
     the fiscal year. If the Authority determines that the 
     contract is not consistent with the financial plan and 
     budget, the Authority shall take such actions as are within 
     the Authority's powers to revise the contract.

     SEC. 224. EFFECT OF FINDING NONCOMPLIANCE WITH FINANCIAL PLAN 
                   AND BUDGET.

       (a) Submission of Reports.--Not later than 30 days after 
     the expiration of each

[[Page S2415]]

     quarter of each fiscal year beginning in a control period, 
     the Postmaster General shall submit reports to the Authority 
     describing the actual revenues obtained and expenditures made 
     by the Postal Service during the quarter with its cash flows 
     during the quarter, and comparing such actual revenues, 
     expenditures, and cash flows with the most recent projections 
     for these items.
       (b) Additional Information.--If the Authority determines, 
     based on reports submitted by the Postmaster General under 
     subsection (a), independent audits, or such other information 
     as the Authority may obtain, that the revenues or 
     expenditures of the Postal Service during a control period 
     are not consistent with the financial plan and budget for the 
     year, the Authority shall require the Postmaster General to 
     provide such additional information as the Authority 
     determines to be necessary to explain the inconsistency.
       (c) Certification of Variance.--
       (1) In general.--After requiring the Postmaster General to 
     provide additional information under subsection (b), the 
     Authority shall certify to the Postmaster General, the 
     President, the Secretary of the Treasury, and Congress that 
     the Postal Service is at variance with the financial plan and 
     budget unless--
       (A) the additional information provides an explanation for 
     the inconsistency which the Authority finds reasonable and 
     appropriate; or
       (B)(i) the Postal Service adopts or implements remedial 
     action (including revising the financial plan and budget 
     pursuant to section 222(g)) to correct the inconsistency 
     which the Authority finds reasonable and appropriate, taking 
     into account the terms of the financial plan and budget; and
       (ii) the Postmaster General agrees to submit the reports 
     described in subsection (a) on a monthly basis for such 
     period as the Authority may require.
       (2) Special rule for inconsistencies attributable to acts 
     of congress.--
       (A) Determination by authority.--If the Authority 
     determines that the revenues or expenditures of the Postal 
     Service during a control period are not consistent with the 
     financial plan and budget for the year as approved by the 
     Authority under section 222 as a result of the terms and 
     conditions of any law enacted by Congress which affects the 
     Postal Service, the Authority shall so notify the Postmaster 
     General.
       (B) Certification.--In the case of an inconsistency 
     described in subparagraph (A), the Authority shall certify to 
     the Postmaster General, the President, the Secretary of the 
     Treasury, and Congress that the Postal Service is at variance 
     with the financial plan and budget unless the Postal Service 
     adopts or implements remedial action (including revising the 
     financial plan and budget pursuant to section 202(e)) to 
     correct the inconsistency which the Authority finds 
     reasonable and appropriate, taking into account the terms of 
     the financial plan and budget.
       (d) Effect of Certification.--If the Authority certifies to 
     the Secretary of the Treasury that a variance exists, the 
     Authority or the Secretary may withhold access by the Postal 
     Service to additional supplementary debt authorized by this 
     title.

     SEC. 225. RECOMMENDATIONS REGARDING FINANCIAL STABILITY, ETC.

       (a) In General.--The Authority may at any time submit 
     recommendations to the Postmaster General, the President, and 
     Congress on actions the Postal Service or any other entity of 
     the Federal Government should take to ensure compliance by 
     the Postal Service with a financial plan and budget or to 
     otherwise promote the financial stability, management 
     responsibility, and service delivery efficiency of the Postal 
     Service, including recommendations relating to--
       (1) the management of the Postal Service's financial 
     affairs, including cash forecasting, information technology, 
     placing controls on expenditures for personnel, reducing 
     benefit costs, reforming procurement practices, and placing 
     other controls on expenditures;
       (2) the relationship between the Postal Service and other 
     entities of the Federal Government;
       (3) the structural relationship of subdivisions within the 
     Postal Service;
       (4) the modification of existing revenue structures, or the 
     establishment of additional revenue structures;
       (5) the establishment of alternatives for meeting 
     obligations to pay for the pensions and retirement benefits 
     of current and future Postal Service retirees;
       (6) modifications of services which are the responsibility 
     of and are delivered by the Postal Service;
       (7) modifications of the types of services which are 
     delivered by entities other than the Postal Service under 
     alternative service delivery mechanisms;
       (8) the effects of Federal Government laws and court orders 
     on the operations of the Postal Service;
       (9) the increased use of a personnel system for employees 
     of the Postal Service which is based upon employee 
     performance standards; and
       (10) the improvement of personnel training and proficiency, 
     the adjustment of staffing levels, and the improvement of 
     training and performance of management and supervisory 
     personnel.
       (b) Response to Recommendations for Actions Within 
     Authority of Postal Service.--
       (1) In general.--In the case of any recommendations 
     submitted under subsection (a) during a control period which 
     are within the authority of the Postal Service to adopt, not 
     later than 90 days after receiving the recommendations, the 
     Postmaster General shall submit a statement to the Authority, 
     the President, and Congress which provides notice as to 
     whether the Postal Service will adopt the recommendations.
       (2) Implementation plan required for adopted 
     recommendations.--If the Postmaster General notifies the 
     Authority and Congress under paragraph (1) that the Postal 
     Service will adopt any of the recommendations submitted under 
     subsection (a), the Postmaster General shall include in the 
     statement a written plan to implement the recommendation 
     which includes--
       (A) specific performance measures to determine the extent 
     to which the Postal Service has adopted the recommendation; 
     and
       (B) a schedule for auditing the Postal Service's compliance 
     with the plan.
       (3) Explanations required for recommendations not 
     adopted.--If the Postmaster General notifies the Authority, 
     the President, and Congress under paragraph (1) that the 
     Postal Service will not adopt any recommendation submitted 
     under subsection (a) which the Postal Service has authority 
     to adopt, the Postmaster General shall include in the 
     statement explanations for the rejection of the 
     recommendations.
       (c) Implementation of Rejected Recommendations by 
     Authority.--
       (1) In general.--If the Postmaster General notifies the 
     Authority, the President, and Congress under subsection 
     (b)(1) that the Postal Service will not adopt any 
     recommendation submitted under subsection (a) which the 
     Postal Service has authority to adopt, the Authority may by a 
     majority vote of its members take such action concerning the 
     recommendation as it deems appropriate, after consulting with 
     the Committee on Oversight and Government Reform of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.
       (2) Effective date.--This subsection shall apply with 
     respect to recommendations of the Authority made after the 
     expiration of the 6-month period which begins on the date of 
     the commencement of a control period.

     SEC. 226. SPECIAL RULES FOR FISCAL YEAR IN WHICH CONTROL 
                   PERIOD COMMENCES.

       (a) Adoption of Transition Budget.--Notwithstanding any 
     provision of section 222 to the contrary, in the case of a 
     fiscal year in which a control period commences, the 
     following rules shall apply:
       (1) Not later than 45 days after the appointment of its 
     members, the Authority shall review the proposed Integrated 
     Financial Plan for the Postal Service for such fiscal year 
     and shall submit any recommendations for modifications to 
     such plan to promote the financial stability of the Postal 
     Service to the Postmaster General, the President, and 
     Congress.
       (2) Not later than 15 days after receiving the 
     recommendations of the Authority submitted under paragraph 
     (1), the Postmaster General shall promptly adopt a revised 
     budget for the fiscal year (in this section referred to as 
     the ``transition budget''), and shall submit the transition 
     budget to the Authority, the President, and Congress.
       (3) Not later than 15 days after receiving the transition 
     budget from the Postmaster General under paragraph (2), the 
     Authority shall submit a report to the Postmaster General, 
     the President, and Congress analyzing the budget (taking into 
     account any items or provisions disapproved by the Postmaster 
     General) and shall include in the report such recommendations 
     for revisions to the transition budget as the Authority 
     considers appropriate to promote the financial stability of 
     the Postal Service during the fiscal year.
       (b) Financial Plan and Budget.--
       (1) Deadline for submission.--For purposes of section 222, 
     the Postmaster General shall submit the financial plan and 
     budget for the applicable fiscal year as soon as practicable 
     after the commencement of a control period (in accordance 
     with guidelines established by the Authority).
       (2) Adoption by postmaster general.--In accordance with the 
     procedures applicable under section 222 (including procedures 
     providing for review by the Authority) the Postmaster General 
     shall adopt the financial plan and budget for the applicable 
     fiscal year (including the transition budget incorporated in 
     the financial plan and budget).
       (3) Transition budget as temporary financial plan and 
     budget.--Until the approval of the financial plan and budget 
     for the applicable fiscal year by the Authority under this 
     subsection, the transition budget established under 
     subsection (a) shall serve as the financial plan and budget 
     adopted under this subtitle for purposes of this Act (and any 
     provision of law amended by this Act) for the applicable 
     fiscal year.

     SEC. 227. ASSISTANCE IN ACHIEVING FINANCIAL STABILITY, ETC.

       In addition to any other actions described in this title, 
     the Authority may undertake cooperative efforts to assist the 
     Postal Service in achieving financial stability and 
     management efficiency, including--
       (1) assisting the Postal Service in avoiding defaults, 
     eliminating and liquidating deficits, maintaining sound 
     budgetary practices, and avoiding interruptions in the 
     delivery of services;
       (2) assisting the Postal Service in improving the delivery 
     of services, the training and

[[Page S2416]]

     effectiveness of personnel of the Postal Service, and the 
     efficiency of management and supervision; and
       (3) making recommendations to the President for 
     transmission to Congress on changes to this Act or other 
     Federal laws, or other actions of the Federal Government, 
     which would assist the Postal Service in complying with an 
     approved financial plan and budget under subtitle B.

     SEC. 228. OBTAINING REPORTS.

       The Authority may require the Postmaster General, the Chief 
     Financial Officer of the Postal Service, and the Inspector 
     General of the Postal Service, to prepare and submit such 
     reports as the Authority considers appropriate to assist it 
     in carrying out its responsibilities under this title, 
     including submitting copies of any reports regarding 
     revenues, expenditures, budgets, costs, plans, operations, 
     estimates, and other financial or budgetary matters of the 
     Postal Service.

     SEC. 229. REPORTS AND COMMENTS.

       (a) Annual Reports to Congress.--Not later than 30 days 
     after the last day of each fiscal year which is a control 
     year, the Authority shall submit a report to Congress 
     describing--
       (1) the progress made by the Postal Service in meeting the 
     objectives of this title during the fiscal year;
       (2) the assistance provided by the Authority to the Postal 
     Service in meeting the purposes of this title for the fiscal 
     year; and
       (3) any other activities of the Authority during the fiscal 
     year.
       (b) Review and Analysis of Performance and Financial 
     Accountability Reports.--The Authority shall review each 
     yearly report prepared and submitted by the Postmaster 
     General to the Postal Regulatory Commission and Congress and 
     shall submit a report to Congress analyzing the completeness 
     and accuracy of such reports.
       (c) Comments Regarding Activities of Postal Service.--At 
     any time during a control period, the Authority may submit a 
     report to Congress describing any action taken by the Postal 
     Service (or any failure to act by the Postal Service) which 
     the Authority determines will adversely affect the Postal 
     Service's ability to comply with an approved financial plan 
     and budget under subtitle B or will otherwise have a 
     significant adverse impact on the best interests of the 
     Postal Service.
       (d) Reports on Effect of Federal Laws on the Postal 
     Service.--At any time during any year, the Authority may 
     submit a report to the Postmaster General, the President, and 
     Congress on the effect of laws enacted by Congress on the 
     financial plan and budget for the year and on the financial 
     stability and management efficiency of the Postal Service in 
     general.
       (e) Making Reports Publicly Available.--The Authority shall 
     make any report submitted under this section available to the 
     public, except to the extent that the Authority determines 
     that the report contains confidential material.

              Subtitle D--Termination of a Control Period

     SEC. 231. TERMINATION OF CONTROL PERIOD, ETC.

       (a) In General.--After the completion of the requirements 
     for the termination of a control period described in section 
     202(b)(4), the Authority shall submit a recommendation to 
     Congress requesting the termination of such control period, 
     the dissolution of the Authority, and the reinstatement to 
     the Board of Governors (and the individual Governors) of the 
     Postal Service of the authorities and responsibilities 
     referred to in section 202(b)(2)(A).
       (b) Congressional Approval.--
       (1) In general.--A control period shall not be terminated 
     unless a joint resolution approving of the recommendation in 
     subsection (a) is enacted, in accordance with section 232, 
     before the earlier of--
       (A) the end of the 30-day period beginning on the date on 
     which the Authority transmits the recommendation to Congress 
     under subsection (a); or
       (B) the adjournment of the Congress sine die for the 
     session during which such recommendation is transmitted.
       (2) Days of session.--For purposes of paragraph (1) and 
     subsections (a) and (c) of section 232, the days on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain shall be 
     excluded in the computation of a period.

     SEC. 232. CONGRESSIONAL CONSIDERATION OF RECOMMENDATION.

       (a) Terms of the Resolution.--For purposes of this 
     subtitle, the term ``joint resolution'' means only a joint 
     resolution which is introduced within the 10-day period 
     beginning on the date on which the recommendation referred to 
     in section 231(a) is received by Congress--
       (1) the matter after the resolving clause of which is as 
     follows: ``That Congress approves the recommendation of the 
     Postal Service Financial Responsibility and Management 
     Assistance Authority, submitted by such Authority on __.'', 
     the blank space being filled in with the appropriate date;
       (2) the title of which is as follows: ``Joint resolution 
     approving the recommendation of Postal Service Financial 
     Responsibility and Management Assistance Authority.''; and
       (3) which does not have a preamble.
       (b) Referral.--A resolution described in subsection (a) 
     that is introduced in the House of Representatives or the 
     Senate shall be referred to the appropriate committees of the 
     House of Representatives or the Senate, respectively.
       (c) Discharge.--If the committee to which a resolution 
     described in subsection (a) is referred has not reported such 
     resolution (or an identical resolution) by the end of the 20-
     day period beginning on the date on which the Authority 
     transmits its recommendation to Congress under section 231(a) 
     such committee shall, at the end of such period, be 
     discharged from further consideration of such resolution, and 
     such resolution shall be placed on the appropriate calendar 
     of the House involved.
       (d) Consideration.--
       (1) In general.--On or after the third day after the date 
     on which the committee to which such a resolution is referred 
     has reported, or has been discharged (under subsection (c)) 
     from further consideration of, such a resolution, it is in 
     order (even though a previous motion to the same effect has 
     been disagreed to) for any Member of the respective House to 
     move to proceed to the consideration of the resolution. A 
     Member may make the motion only on the day after the calendar 
     day on which the Member announces to the House concerned the 
     Member's intention to make the motion, except that, in the 
     case of the House of Representatives, the motion may be made 
     without such prior announcement if the motion is made by 
     direction of the committee to which the resolution was 
     referred. All points of order against the resolution (and 
     against consideration of the resolution) are waived. The 
     motion is highly privileged in the House of Representatives 
     and is privileged in the Senate and is not debatable. The 
     motion is not subject to amendment, or to a motion to 
     postpone, or to a motion to proceed to the consideration of 
     other business. A motion to reconsider the vote by which the 
     motion is agreed to or disagreed to shall not be in order. If 
     a motion to proceed to the consideration of the resolution is 
     agreed to, the respective House shall immediately proceed to 
     consideration of the joint resolution without intervening 
     motion, order, or other business, and the resolution shall 
     remain the unfinished business of the respective House until 
     disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 2 hours, which shall be divided equally 
     between those favoring and those opposing the resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on a resolution described in 
     subsection (a) and a single quorum call at the conclusion of 
     the debate if requested in accordance with the rules of the 
     appropriate House, the vote on final passage of the 
     resolution shall occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution described in subsection 
     (a) shall be decided without debate.
       (e) Consideration by Other House.--
       (1) In general.--If, before the passage by one House of a 
     resolution of that House described in subsection (a), that 
     House receives from the other House a resolution described in 
     subsection (a), then the following procedures shall apply:
       (A) The resolution of the other House shall not be referred 
     to a committee and may not be considered in the House 
     receiving it except in the case of final passage as provided 
     in subparagraph (B)(ii).
       (B) With respect to a resolution described in subsection 
     (a) of the House receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (ii) the vote on final passage shall be on the resolution 
     of the other House.
       (2) Disposition of a resolution.--Upon disposition of the 
     resolution received from the other House, it shall no longer 
     be in order to consider the resolution that originated in the 
     receiving House.
       (f) Rules of the Senate and House.--This section is enacted 
     by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

                  TITLE III--POSTAL SERVICE WORKFORCE

     SEC. 301. MODIFICATIONS RELATING TO DETERMINATION OF PAY 
                   COMPARABILITY.

       (a) Postal Policy.--The first sentence of section 101(c) is 
     amended--
       (1) by inserting ``total'' before ``rates and types of 
     compensation''; and
       (2) by inserting ``entire'' before ``private sector''.
       (b) Employment Policy.--The second sentence of section 
     1003(a) is amended--

[[Page S2417]]

       (1) by inserting ``total'' before ``compensation and 
     benefits''; and
       (2) by inserting ``entire'' before ``private sector''.
       (c) Considerations.--For purposes of the amendments made by 
     this section, any determination of ``total rates and types of 
     compensation'' or ``total compensation and benefits'' shall, 
     at a minimum, take into account pay, health benefits, 
     retirement benefits, life insurance benefits, leave, 
     holidays, and continuity and stability of employment.

     SEC. 302. LIMITATION ON POSTAL CONTRIBUTIONS UNDER FEGLI AND 
                   FEHBP.

       Section 1003 is amended by adding at the end the following:
       ``(e)(1) At least 1 month before the start of each fiscal 
     year as described in paragraph (2), the Postmaster General 
     shall transmit to the Postal Regulatory Commission 
     certification (together with such supporting documentation as 
     the Postal Regulatory Commission may require) that 
     contributions of the Postal Service for such fiscal year will 
     not exceed--
       ``(A) in the case of life insurance under chapter 87 of 
     title 5, the Government contributions determined under 
     section 8708 of such title; and
       ``(B) in the case of health insurance under chapter 89 of 
     title 5, the Government contributions determined under 8906 
     of such title.
       ``(2) This subsection applies with respect to--
       ``(A) except as provided in subparagraph (B), each fiscal 
     year beginning after September 30, 2013; and
       ``(B) in the case of officers and employees of the Postal 
     Service covered by a collective bargaining agreement which is 
     in effect on the date of the enactment of this subsection--
       ``(i) each fiscal year beginning after the expiration date 
     of such agreement, including
       ``(ii) for the fiscal year in which such expiration date 
     occurs, any portion of such fiscal year remaining after such 
     expiration date.
       ``(3)(A) If, after reasonable notice and opportunity for 
     hearing is afforded to the Postal Service, the Postal 
     Regulatory Commission finds that the contributions of the 
     Postal Service for a fiscal year will exceed or are exceeding 
     the limitation specified in subparagraph (A) or (B) of 
     paragraph (1), the Commission shall order that the Postal 
     Service take such action as the Commission considers 
     necessary to achieve full and immediate compliance with the 
     applicable limitation or limitations.
       ``(B) Sections 3663 and 3664 shall apply with respect to 
     any order issued by the Postal Regulatory Commission under 
     subparagraph (A).
       ``(C) Nothing in this paragraph shall be considered to 
     permit the issuance of an order requiring reduction of 
     contributions below the level specified by the provision of 
     law cited in subparagraph (A) or (B) of paragraph (1), as 
     applicable.''.

     SEC. 303. REPEAL OF PROVISION RELATING TO OVERALL VALUE OF 
                   FRINGE BENEFITS.

       The last sentence of section 1005(f) is repealed.

     SEC. 304. APPLICABILITY OF REDUCTION-IN-FORCE PROCEDURES.

       Section 1206 is amended by adding at the end the following:
       ``(d) Collective-bargaining agreements between the Postal 
     Service and bargaining representatives recognized under 
     section 1203, ratified after the date of enactment of this 
     subsection, shall contain no provision restricting the 
     applicability of reduction-in-force procedures under title 5 
     with respect to members of the applicable bargaining unit.
       ``(e) Any collective-bargaining agreement between the 
     Postal Service and the bargaining representatives recognized 
     under section 1203 ratified before the date of enactment of 
     this Act that contain any provision violating subsection (d) 
     shall be renegotiated with a new collective-bargaining 
     agreement to be ratified or imposed through an arbitration 
     decision under section 1207 within 9 months after such date 
     of enactment.
       ``(f)(1) If a collective-bargaining agreement between the 
     Postal Service and bargaining representatives recognized 
     under section 1203, ratified after the date of enactment of 
     this subsection, includes reduction-in-force procedures which 
     can be applied in lieu of reduction-in-force procedures under 
     title 5, the Postal Service may, in its discretion, apply 
     with respect to members of the applicable bargaining unit--
       ``(A) the alternative procedures (or, if 2 or more are 
     agreed to, 1 of the alternative procedures); or
       ``(B) the reduction-in-force procedures under title 5.
       ``(2) In no event may, if procedures for the resolution of 
     a dispute or impasse arising in the negotiation of a 
     collective-bargaining agreement (whether through binding 
     arbitration or otherwise) are invoked under this chapter, the 
     award or other resolution reached under such procedures 
     provide for the elimination of, or the substitution of any 
     alternative procedures in lieu of, reduction-in-force 
     procedures under title 5.''.

     SEC. 305. MODIFICATIONS RELATING TO COLLECTIVE BARGAINING.

       Section 1207 is amended by striking subsections (c) and (d) 
     and inserting the following:
       ``(c)(1) If no agreement is reached within 30 days after 
     the appointment of a mediator under subsection (b), or if the 
     parties decide upon arbitration before the expiration of the 
     30-day period, an arbitration board shall be established 
     consisting of 1 member selected by the Postal Service (from 
     the list under paragraph (2)), 1 member selected by the 
     bargaining representative of the employees (from the list 
     under paragraph (2)), and the mediator appointed under 
     subsection (b).
       ``(2) Upon receiving a request from either of the parties 
     referred to in paragraph (1), the Director of the Federal 
     Mediation and Conciliation Service shall provide a list of 
     not less than 9 individuals who are well qualified to serve 
     as neutral arbitrators. Each person listed shall be an 
     arbitrator of nationwide reputation and professional nature, 
     a member of the National Academy of Arbitrators, and an 
     individual whom the Director has determined to be willing and 
     available to serve. If, within 7 days after the list is 
     provided, either of the parties has not selected an 
     individual from the list, the Director shall make the 
     selection within 3 days.
       ``(3) The arbitration board shall give the parties a full 
     and fair hearing, including an opportunity to present 
     evidence in support of their claims, and an opportunity to 
     present their case in person, by counsel, or by other 
     representative as they may elect. The hearing shall be 
     concluded no more than 40 days after the arbitration board is 
     established.
       ``(4) No more than 7 days after the hearing is concluded, 
     each party shall submit to the arbitration board 2 offer 
     packages, each of which packages shall specify the terms of a 
     proposed final agreement.
       ``(5) If no agreement is reached within 7 days after the 
     last day date for the submission of an offer package under 
     paragraph (4), each party shall submit to the arbitration 
     board a single final offer package specifying the terms of a 
     proposed final agreement.
       ``(6) No later than 3 days after the submission of the 
     final offer packages under paragraph (5), the arbitration 
     board shall select 1 of those packages as its tentative 
     award, subject to paragraph (7).
       ``(7)(A) The arbitration board may not select a final offer 
     package under paragraph (6) unless it satisfies each of the 
     following:
       ``(i) The offer complies with the requirements of sections 
     101(c) and 1003(a).
       ``(ii) The offer takes into account the current financial 
     condition of the Postal Service.
       ``(iii) The offer takes into account the long-term 
     financial condition of the Postal Service.
       ``(B)(i) If the board unanimously determines, based on 
     clear and convincing evidence presented during the hearing 
     under paragraph (3), that neither final offer package 
     satisfies the conditions set forth in subparagraph (A), the 
     board shall by majority vote--
       ``(I) select the package that best meets such conditions; 
     and
       ``(II) modify the package so selected to the minimum extent 
     necessary to satisfy such conditions.
       ``(ii) If modification (as described in subparagraph 
     (B)(i)(II)) is necessary, the board shall have an additional 
     7 days to render its tentative award under this subparagraph.
       ``(8) The parties may negotiate a substitute award to 
     replace the tentative award selected under paragraph (6) or 
     rendered under paragraph (7) (as the case may be). If no 
     agreement on a substitute award is reached within 10 days 
     after the date on which the tentative award is so selected or 
     rendered, the tentative award shall become final.
       ``(9) The arbitration board shall review any substitute 
     award negotiated under paragraph (8) to determine if it 
     satisfies the conditions set forth in paragraph (7)(A). If 
     the arbitration board, by a unanimous vote taken within 3 
     days after the date on which the agreement on the substitute 
     award is reached under paragraph (8), determines that the 
     substitute award does not satisfy such conditions, the 
     tentative award shall become final. In the absence of a vote, 
     as described in the preceding sentence, the substitute 
     agreement shall become final.
       ``(10) If, under paragraph (5), neither party submits a 
     final offer package by the last day allowable under such 
     paragraph, the arbitration board shall develop and issue a 
     final award no later than 20 days after such last day.
       ``(11) A final award or agreement under this subsection 
     shall be conclusive and binding upon the parties.
       ``(12) Costs of the arbitration board and mediation shall 
     be shared equally by the Postal Service and the bargaining 
     representative.
       ``(d) In the case of a bargaining unit whose recognized 
     collective-bargaining representative does not have an 
     agreement with the Postal Service, if the parties fail to 
     reach agreement within 90 days after the commencement of 
     collective bargaining, a mediator shall be appointed in 
     accordance with the provisions of subsection (b), unless the 
     parties have previously agreed to another procedure for a 
     binding resolution of their differences. If the parties fail 
     to reach agreement within 180 days after the commencement of 
     collective bargaining, an arbitration board shall be 
     established to provide conclusive and binding arbitration in 
     accordance with the provisions of subsection (c).''.

             TITLE IV--FEDERAL EMPLOYEE'S COMPENSATION ACT

     SEC. 401. SHORT TITLE; REFERENCES.

       (a) Short Title.--This title may be cited as the ``Workers' 
     Compensation Reform Act of 2012''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this title an

[[Page S2418]]

     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 5, United States Code.

     SEC. 402. FEDERAL WORKERS COMPENSATION REFORMS FOR 
                   RETIREMENT-AGE EMPLOYEES.

       (a) Conversion of Entitlement at Retirement Age.--
       (1) Definitions.--Section 8101 is amended
       (A) in paragraph (18), by striking ``and'' at the end;
       (B) in paragraph (19), by striking ``and'' at the end;
       (C) in paragraph (20), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(21) `retirement age' has the meaning given that term 
     under section 216(l)(1) of the Social Security Act (42 U.S.C. 
     416(l)(1));
       ``(22) `covered claim for total disability' means a claim 
     for a period of total disability that commenced before the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012;
       ``(23) `covered claim for partial disability' means a claim 
     for a period of partial disability that commenced before the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; and
       ``(24) `individual who has an exempt disability condition' 
     means an individual--
       ``(A) who--
       ``(i) is eligible to receive continuous periodic 
     compensation for total disability under section 8105 on the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; and
       ``(ii) meets the criteria under 8105(c);
       ``(B) who, on the date of enactment of the Workers' 
     Compensation Reform Act of 2012--
       ``(i) is eligible to receive continuous periodic 
     compensation for total disability under section 8105; and
       ``(ii) has sustained a currently irreversible severe mental 
     or physical disability for which the Secretary of Labor has 
     authorized, for at least the 1 year period ending on the date 
     of enactment of the Workers' Compensation Reform Act of 2012, 
     constant in-home care or custodial care, such as in placement 
     in a nursing home; or
       ``(C) who is eligible to receive continuous periodic 
     compensation for total disability under section 8105--
       ``(i) for not less than the 3-year period ending on the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; or
       ``(ii) if the individual became eligible to receive 
     continuous periodic compensation for total disability under 
     section 8105 during the period beginning on the date that is 
     3 years before the date of enactment of the Workers' 
     Compensation Reform Act of 2012 and ending on such date of 
     enactment, for not less than the 3-year period beginning on 
     the date on which the individual became eligible.''.
       (2) Total disability.--Section 8105 is amended--
       (A) in subsection (a), by striking ``If'' and inserting 
     ``In General.--Subject to subsection (b), if'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Conversion of Entitlement at Retirement Age.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     basic compensation for total disability for an employee who 
     has attained retirement age shall be 50 percent of the 
     monthly pay of the employee.
       ``(2) Exceptions.--
       ``(A) Covered recipients who are retirement age or have an 
     exempt disability condition.--Paragraph (1) shall not apply 
     to a covered claim for total disability by an employee if the 
     employee--
       ``(i) on the date of enactment of the Workers' Compensation 
     Reform Act of 2012, has attained retirement age; or
       ``(ii) is an individual who has an exempt disability 
     condition.
       ``(B) Transition period for certain employees.--For a 
     covered claim for total disability by an employee who is not 
     an employee described in subparagraph (A), the employee shall 
     receive the basic compensation for total disability provided 
     under subsection (a) until the later of--
       ``(i) the date on which the employee attains retirement 
     age; and
       ``(ii) the date that is 3 years after the date of enactment 
     of the Workers' Compensation Reform Act of 2012.''.
       (3) Partial disability.--Section 8106 is amended--
       (A) in subsection (a), by striking ``If'' and inserting 
     ``In General.--Subject to subsection (b), if'';
       (B) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (C) by inserting after subsection (a) the following:
       ``(b) Conversion of Entitlement at Retirement Age.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     basic compensation for partial disability for an employee who 
     has attained retirement age shall be 50 percent of the 
     difference between the monthly pay of the employee and the 
     monthly wage-earning capacity of the employee after the 
     beginning of the partial disability.
       ``(2) Exceptions.--
       ``(A) Covered recipients who are retirement age.--Paragraph 
     (1) shall not apply to a covered claim for partial disability 
     by an employee if, on the date of enactment of the Workers' 
     Compensation Reform Act of 2012, the employee has attained 
     retirement age.
       ``(B) Transition period for certain employees.--For a 
     covered claim for partial disability by an employee who is 
     not an employee described in subparagraph (A), the employee 
     shall receive basic compensation for partial disability in 
     accordance with subsection (a) until the later of--
       ``(i) the date on which the employee attains retirement 
     age; and
       ``(ii) the date that is 3 years after the date of enactment 
     of the Workers' Compensation Reform Act of 2012.''.

     SEC. 403. AUGMENTED COMPENSATION FOR DEPENDENTS.

       (a) In General.--Section 8110 is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Termination of Augmented Compensation.--
       ``(1) In general.--Subject to paragraph (2), augmented 
     compensation for dependants under subsection (c) shall not be 
     provided.
       ``(2) Exceptions.--
       ``(A) Total disability.--For a covered claim for total 
     disability by an employee--
       ``(i) the employee shall receive augmented compensation 
     under subsection (c) if the employee is an individual who has 
     an exempt disability condition; and
       ``(ii) the employee shall receive augmented compensation 
     under subsection (c) until the date that is 3 years after the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012 if the employee is not an employee described in clause 
     (i).
       ``(B) Partial disability.--For a covered claim for partial 
     disability by an employee, the employee shall receive 
     augmented compensation under subsection (c) until the date 
     that is 3 years after the date of enactment of the Workers' 
     Compensation Reform Act of 2012.
       ``(C) Permanent disability compensated by a schedule.--For 
     a claim for a permanent disability described in section 
     8107(a) by an employee that commenced before the date of 
     enactment of the Workers' Compensation Reform Act of 2012, 
     the employee shall receive augmented compensation under 
     subsection (c).''.
       (b) Maximum and Minimum Monthly Payments.--Section 8112 is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``subsections (b) and (c) and'' before 
     ``section 8138'';
       (B) by striking ``including augmented compensation under 
     section 8110 of this title but''; and
       (C) by striking ``75 percent'' each place it appears and 
     inserting ``66 \2/3\ percent'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following:
       ``(b) Exceptions.--
       ``(1) Covered disability condition.--For a covered claim 
     for total disability by an employee, if the employee is an 
     individual who has an exempt disability condition--
       ``(A) the monthly rate of compensation for disability that 
     is subject to the maximum and minimum monthly amounts under 
     subsection (a) shall include any augmented compensation under 
     section 8110; and
       ``(B) subsection (a) shall be applied by substituting `75 
     percent' for `66 \2/3\ percent' each place it appears.
       ``(2) Partial disability.--For a covered claim for partial 
     disability by an employee, until the date that is 3 years 
     after the date of enactment of the Workers' Compensation 
     Reform Act of 2012--
       ``(A) the monthly rate of compensation for disability that 
     is subject to the maximum and minimum monthly amounts under 
     subsection (a) shall include any augmented compensation under 
     section 8110; and
       ``(B) subsection (a) shall be applied by substituting `75 
     percent' for `66 \2/3\ percent' each place it appears.''; and
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (a)'' and inserting ``subsections (a) 
     and (b)''.
       (c) Death Benefits Generally.--Section 8133 is amended--
       (1) in subsections (a) and (e), by striking ``75 percent'' 
     each place it appears and inserting ``66 \2/3\ percent 
     (except as provided in subsection (g))''; and
       (2) by adding at the end the following:
       ``(g) If the death occurred before the date of enactment of 
     the Workers' Compensation Reform Act of 2012, subsections (a) 
     and (e) shall be applied by substituting `75 percent' for `66 
     \2/3\ percent' each place it appears.''.
       (d) Death Benefits for Civil Air Patrol Volunteers.--
     Section 8141 is amended--
       (1) in subsection (b)(2)(B) by striking ``75 percent'' and 
     inserting ``66 \2/3\ percent (except as provided in 
     subsection (c))'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) If the death occurred before the date of enactment of 
     the Workers' Compensation Reform Act of 2012, subsection 
     (b)(2)(B) shall be applied by substituting `75 percent' for 
     `66 \2/3\ percent'.''.

     SEC. 404. SCHEDULE COMPENSATION PAYMENTS.

       Section 8107 is amended--
       (1) in subsection (a), by striking ``at the rate of 66 2/3 
     percent of his monthly pay'' and inserting ``at the rate 
     specified under subsection (d)''; and
       (2) by adding at the end the following:
       ``(d) Rate for Compensation.--

[[Page S2419]]

       ``(1) Annual salary.--
       ``(A) In general.--Except as provided in paragraph (2), the 
     rate under subsection (a) shall be the rate of 66 \2/3\ 
     percent of the annual salary level established under 
     subparagraph (B), in a lump sum equal to the present value 
     (as calculated under subparagraph (C)) of the amount of 
     compensation payable under the schedule.
       ``(B) Establishment.--
       ``(i) In general.--The Secretary of Labor shall establish 
     an annual salary for purposes of subparagraph (A) in the 
     amount the Secretary determines will result in the aggregate 
     cost of payments made under this section being equal to what 
     would have been the aggregate cost of payments under this 
     section if the amendments made by section 304(a) of the 
     Workers' Compensation Reform Act of 2012 had not been 
     enacted.
       ``(ii) Cost of living adjustment.--The annual salary 
     established under clause (i) shall be increased on March 1 of 
     each year by the amount determined by the Secretary of Labor 
     to represent the percent change in the price index published 
     for December of the preceding year over the price index 
     published for the December of the year prior to the preceding 
     year, adjusted to the nearest one-tenth of 1 percent.
       ``(C) Present value.--The Secretary of Labor shall 
     calculate the present value for purposes of subparagraph (A) 
     using a rate of interest equal to the average market yield 
     for outstanding marketable obligations of the United States 
     with a maturity of 2 years on the first business day of the 
     month in which the compensation is paid or, in the event that 
     such marketable obligations are not being issued on such 
     date, at an equivalent rate selected by the Secretary of 
     Labor, true discount compounded annually.
       ``(2) Certain injuries.--For an injury that occurred before 
     the date of enactment of the Workers' Compensation Reform Act 
     of 2012, the rate under subsection (a) shall be 66 \2/3\ 
     percent of the employee's monthly pay.
       ``(e) Simultaneous Receipt.--
       ``(1) Total disability.--An employee who receives 
     compensation for total disability under section 8105 may only 
     receive the lump sum of schedule compensation under this 
     section in addition to and simultaneously with the benefits 
     for total disability after the later of--
       ``(A) the date on which the basic compensation for total 
     disability of the employee becomes 50 percent of the monthly 
     pay of the employee under section 8105(b); or
       ``(B) the date on which augmented compensation of the 
     employee terminates under section 8110(b)(2)(A)(ii), if the 
     employee receives such compensation.
       ``(2) Partial disability.--An employee who receives 
     benefits for partial disability under section 8106 may only 
     receive the lump sum of schedule compensation under this 
     section in addition to and simultaneously with the benefits 
     for partial disability after the later of--
       ``(A) the date on which the basic compensation for partial 
     disability of the employee becomes 50 percent of the 
     difference between the monthly pay of the employee and the 
     monthly wage-earning capacity of the employee after the 
     beginning of the partial disability under section 8106(b); or
       ``(B) the date on which augmented compensation of the 
     employee terminates under section 8110(b)(2)(B), if the 
     employee receives such compensation.''.

     SEC. 405. VOCATIONAL REHABILITATION.

       (a) In General.--Section 8104 is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) The Secretary of Labor may'' and all 
     that follows through ``undergo vocational rehabilitation.'' 
     and inserting the following:
       ``(a) In General.--
       ``(1) Direction.--Except as provided in paragraph (2), not 
     earlier than the date that is 6 months after the date on 
     which an individual eligible for wage-loss compensation under 
     section 8105 or 8106 is injured, or by such other date as the 
     Secretary of Labor determines it would be reasonable under 
     the circumstances for the individual to begin vocational 
     rehabilitation, and if vocational rehabilitation may enable 
     the individual to become capable of more gainful employment, 
     the Secretary of Labor shall direct the individual to 
     participate in developing a comprehensive return to work plan 
     and to undergo vocational rehabilitation at a location a 
     reasonable distance from the residence of the individual.'';
       (B) by striking ``the Secretary of Health, Education, and 
     Welfare in carrying out the purposes of chapter 4 of title 
     29'' and inserting ``the Secretary of Education in carrying 
     out the purposes of the Rehabilitation Act of 1973 (29 U.S.C. 
     701 et seq.)'';
       (C) by striking ``under section 32(b)(1) of title 29'' and 
     inserting ``under section 5 of the Rehabilitation Act of 1973 
     (29 U.S.C. 704)''; and
       (D) by adding at the end the following:
       ``(2) Exception.--The Secretary of Labor may not direct an 
     individual who has attained retirement age to participate in 
     developing a comprehensive return to work plan or to undergo 
     vocational rehabilitation.'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following:
       ``(b) Contents of Return to Work Plan.--A return to work 
     plan developed under subsection (a)--
       ``(1) shall--
       ``(A) set forth specific measures designed to increase the 
     wage-earning capacity of an individual;
       ``(B) take into account the prior training and education of 
     the individual and the training, educational, and employment 
     opportunities reasonably available to the individual; and
       ``(C) provide that any employment undertaken by the 
     individual under the return to work plan be at a location a 
     reasonable distance from the residence of the individual;
       ``(2) may provide that the Secretary will pay out of 
     amounts in the Employees' Compensation Fund reasonable 
     expenses of vocational rehabilitation (which may include 
     tuition, books, training fees, supplies, equipment, and child 
     or dependent care) during the course of the plan; and
       ``(3) may not be for a period of more than 2 years, unless 
     the Secretary finds good cause to grant an extension, which 
     may be for not more than 2 years.'';
       (4) in subsection (c), as so redesignated--
       (A) by inserting ``Compensation.--'' before 
     ``Notwithstanding''; and
       (B) by striking ``, other than employment undertaken 
     pursuant to such rehabilitation''; and
       (5) by adding at the end the following:
       ``(d) Assisted Reemployment Agreements.--
       ``(1) In general.--The Secretary may enter into an assisted 
     reemployment agreement with an agency or instrumentality of 
     any branch of the Federal Government or a State or local 
     government or a private employer that employs an individual 
     eligible for wage-loss compensation under section 8105 or 
     8106 to enable the individual to return to productive 
     employment.
       ``(2) Contents.--An assisted reemployment agreement under 
     paragraph (1)--
       ``(A) may provide that the Secretary will use amounts in 
     the Employees' Compensation Fund to reimburse an employer in 
     an amount equal to not more than 100 percent of the 
     compensation the individual would otherwise receive under 
     section 8105 or 8106; and
       ``(B) may not be for a period of more than 3 years.
       ``(e) List.--To facilitate the hiring of individuals 
     eligible for wage-loss compensation under section 8105 or 
     8106, the Secretary shall provide a list of such individuals 
     to the Office of Personnel Management, which the Office of 
     Personnel Management shall provide to all agencies and 
     instrumentalities of the Federal Government.''.
       (b) Termination of Vocational Rehabilitation Requirement 
     After Retirement Age.--Section 8113(b) is amended by adding 
     at the end the following: ``An individual who has attained 
     retirement age may not be required to undergo vocational 
     rehabilitation.''.
       (c) Mandatory Benefit Reduction for Noncompliance.--Section 
     8113(b) is amended by striking ``may reduce'' and inserting 
     ``shall reduce''.
       (d) Technical and Conforming Amendments.--
       (1) In general.--Subchapter III of chapter 15 of title 31, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  1538. Authorization for assisted reemployment

       ``Funds may be transferred from the Employees' Compensation 
     Fund established under section 8147 of title 5 to the 
     applicable appropriations account for an agency or 
     instrumentality of any branch of the Federal Government for 
     the purposes of reimbursing the agency or instrumentality in 
     accordance with an assisted reemployment agreement entered 
     into under section 8104 of title 5.''.
       (2) Table of sections.--The table of sections for chapter 
     15 of title 31, United States Code, is amended by inserting 
     after the item relating to section 1537 the following:

``1538. Authorization for assisted reemployment.''.

     SEC. 406. REPORTING REQUIREMENTS.

       (a) In General.--Chapter 81 is amended by inserting after 
     section 8106 the following:

     ``Sec.  8106a. Reporting requirements

       ``(a) Definition.--In this section, the term `employee 
     receiving compensation' means an employee who--
       ``(1) is paid compensation under section 8105 or 8106; and
       ``(2) has not attained retirement age.
       ``(b) Authority.--The Secretary of Labor shall require an 
     employee receiving compensation to report the earnings of the 
     employee receiving compensation from employment or self-
     employment, by affidavit or otherwise, in the manner and at 
     the times the Secretary specifies.
       ``(c) Contents.--An employee receiving compensation shall 
     include in a report required under subsection (a) the value 
     of housing, board, lodging, and other advantages which are 
     part of the earnings of the employee receiving compensation 
     in employment or self-employment and the value of which can 
     be estimated.
       ``(d) Failure To Report and False Reports.--
       ``(1) In general.--An employee receiving compensation who 
     fails to make an affidavit or other report required under 
     subsection (b) or who knowingly omits or understates any part 
     of the earnings of the employee in such an affidavit or other 
     report shall forfeit the right to compensation with respect 
     to any period for which the report was required.
       ``(2) Forfeited compensation.--Compensation forfeited under 
     this subsection, if already paid to the employee receiving 
     compensation, shall be recovered by a deduction

[[Page S2420]]

     from the compensation payable to the employee or otherwise 
     recovered under section 8129, unless recovery is waived under 
     that section.''.
       (b) Technical and Conforming Amendments.--The table of 
     sections for chapter 81 is amended by inserting after the 
     item relating to section 8106 the following:

``8106a. Reporting requirements.''.

     SEC. 407. DISABILITY MANAGEMENT REVIEW; INDEPENDENT MEDICAL 
                   EXAMINATIONS.

       Section 8123 is amended by adding at the end the following:
       ``(e) Disability Management Review.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered employee' means an employee who is 
     in continuous receipt of compensation for total disability 
     under section 8105 for a period of not less than 6 months; 
     and
       ``(B) the term `disability management review process' means 
     the disability management review process established under 
     paragraph (2)(A).
       ``(2) Establishment.--The Secretary of Labor shall--
       ``(A) establish a disability management review process for 
     the purpose of certifying and monitoring the disability 
     status and extent of injury of each covered employee; and
       ``(B) promulgate regulations for the administration of the 
     disability management review process.
       ``(3) Physical examinations required.--Under the disability 
     management review process, the Secretary of Labor shall 
     periodically require covered employees to submit to physical 
     examinations under subsection (a) by physicians selected by 
     the Secretary. A physician conducting a physical examination 
     of a covered employee shall submit to the Secretary a report 
     regarding the nature and extent of the injury to and 
     disability of the covered employee.
       ``(4) Frequency.--
       ``(A) In general.--The regulations promulgated under 
     paragraph (2)(B) shall specify the process and criteria for 
     determining when and how frequently a physical examination 
     should be conducted for a covered employee.
       ``(B) Minimum frequency.--
       ``(i) Initial.--An initial physical examination shall be 
     conducted not more than a brief period after the date on 
     which a covered employee has been in continuous receipt of 
     compensation for total disability under section 8015 for 6 
     months.
       ``(ii) Subsequent examinations.--After the initial physical 
     examination, physical examinations of a covered employee 
     shall be conducted not less than once every 3 years.
       ``(5) Employing agency or instrumentality requests.--
       ``(A) In general.--The agency or instrumentality employing 
     an employee who has made a claim for compensation for total 
     disability under section 8105 may at any time submit a 
     request for the Secretary of Labor to promptly require the 
     employee to submit to a physical examination under this 
     subsection.
       ``(B) Requesting officer.--A request under subparagraph (A) 
     shall be made on behalf of an agency or instrumentality by--
       ``(i) the head of the agency or instrumentality;
       ``(ii) the Chief Human Capital Officer of the agency or 
     instrumentality; or
       ``(iii) if the agency or instrumentality does not have a 
     Chief Human Capital Officer, an officer with responsibilities 
     similar to those of a Chief Human Capital Officer designated 
     by the head of the agency or instrumentality to make requests 
     under this paragraph.
       ``(C) Information.--A request under subparagraph (A) shall 
     be in writing and accompanied by--
       ``(i) a certification by the officer making the request 
     that the officer has reviewed the relevant material in the 
     employee's file;
       ``(ii) an explanation of why the officer has determined, 
     based on the materials in the file and other information 
     known to the officer, that requiring a physical examination 
     of the employee under this subsection is necessary; and
       ``(iii) copies of the materials relating to the employee 
     that are relevant to the officer's determination and request, 
     unless the agency or instrumentality has a reasonable basis 
     for not providing the materials.
       ``(D) Examination.--If the Secretary of Labor receives a 
     request under this paragraph before an employee has undergone 
     an initial physical examination under paragraph (4)(B)(i), 
     the Secretary shall promptly require the physical examination 
     of the employee. A physical examination under this 
     subparagraph shall satisfy the requirement under paragraph 
     (4)(B)(i) that an initial physical examination be conducted.
       ``(E) After initial examination.--
       ``(i) In general.--If the Secretary of Labor receives a 
     request under this paragraph after an employee has undergone 
     an initial physical examination under paragraph (4)(B)(i), 
     the Secretary shall--

       ``(I) review the request and the information, explanation, 
     and other materials submitted with the request; and
       ``(II) determine whether to require the physical 
     examination of the employee who is the subject of the 
     request.

       ``(ii) Not granted.--If the Secretary determines not to 
     grant a request described in clause (i), the Secretary shall 
     promptly notify the officer who made the request and provide 
     an explanation of the reasons why the request was denied.''.

     SEC. 408. WAITING PERIOD.

       (a) In General.--Section 8117 is amended--
       (1) in the section heading, by striking ``Time of accrual 
     of right'' and inserting ``Waiting period'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking ``An 
     employee'' and all that follows through ``is not entitled'' 
     and inserting ``In General.--An employee is not entitled to 
     continuation of pay within the meaning of section 8118 for 
     the first 3 days of temporary disability or, if section 8118 
     does not apply, is not entitled'';
       (B) in paragraph (1), by adding ``or'' at the end;
       (C) by striking paragraph (2); and
       (D) by redesignating paragraph (3) as paragraph (2); and
       (3) in subsection (b)--
       (A) by striking ``A Postal Service'' the first place it 
     appears and all that follows through ``A Postal Service'' the 
     second place it appears and inserting ``Use of Leave.--An'';
       (B) by striking ``that 3-day period'' and inserting ``the 
     first 3 days of temporary disability''; and
       (C) by striking ``or is followed by permanent disability''.
       (b) Continuation of Pay.--Section 8118 is amended--
       (1) in the section heading, by striking ``; election to use 
     annual or sick leave'';
       (2) in subsection (b)(1), by striking ``section 8117(b)'' 
     and inserting ``section 8117'';
       (3) by striking subsection (c); and
       (4) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 81 is amended by striking the items 
     relating to sections 8117 and 8118 and inserting the 
     following:

``8117. Waiting period.
``8118. Continuation of pay.''.

     SEC. 409. ELECTION OF BENEFITS.

       (a) In General.--Section 8116 is amended by adding at the 
     end the following:
       ``(e) Retirement Benefits.--
       ``(1) In general.--An individual entitled to compensation 
     benefits payable under this subchapter and under chapter 83 
     or 84 or any other retirement system for employees of the 
     Government, for the same period, shall elect which benefits 
     the individual will receive.
       ``(2) Election.--
       ``(A) Deadline.--An individual shall make an election under 
     paragraph (1) in accordance with such deadlines as the 
     Secretary of Labor shall establish.
       ``(B) Revocability.--An election under paragraph (1) shall 
     be revocable, notwithstanding any other provision of law, 
     except for any period during which an individual--
       ``(i) was qualified for benefits payable under both this 
     subchapter and under a retirement system described in 
     paragraph (1); and
       ``(ii) was paid benefits under the retirement system after 
     having been notified of eligibility for benefits under this 
     subchapter.
       ``(3) Informed choice.--The Secretary of Labor shall 
     provide information, and shall ensure that information is 
     provided, to an individual described in paragraph (1) about 
     the benefits available to the individual under this 
     subchapter or under chapter 83 or 84 or any other retirement 
     system referred to in paragraph (1) the individual may elect 
     to receive.''.
       (b) Technical and Conforming Amendments.--Sections 
     8337(f)(3) and 8464a(a)(3) are each amended by striking 
     ``Paragraphs'' and inserting ``Except as provided under 
     chapter 81, paragraphs''.

     SEC. 410. SANCTION FOR NONCOOPERATION WITH FIELD NURSES.

       Section 8123, as amended by section 307, is amended by 
     adding at the end the following:
       ``(f) Field Nurses.--
       ``(1) Definition.--In this subsection, the term `field 
     nurse' means a registered nurse that assists the Secretary in 
     the medical management of disability claims under this 
     subchapter and provides claimants with assistance in 
     coordinating medical care.
       ``(2) Authorization.--The Secretary may use field nurses to 
     coordinate medical services and vocational rehabilitation 
     programs for injured employees under this subchapter. If an 
     employee refuses to cooperate with a field nurse or obstructs 
     a field nurse in the performance of duties under this 
     subchapter, the right to compensation under this subchapter 
     shall be suspended until the refusal or obstruction stops.''.

     SEC. 411. SUBROGATION OF CONTINUATION OF PAY.

       (a) In General.--Section 8131 is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``continuation of pay or'' before 
     ``compensation''; and
       (2) in subsection (b), by inserting ``continuation of pay'' 
     before compensation; and
       (3) in subsection (c)--
       (A) by inserting ``continuation of pay or'' before 
     ``compensation already paid''; and
       (B) by inserting ``continuation of pay or'' before 
     ``compensation payable''.
       (b) Adjustment After Recovery From a Third Person.--Section 
     8132 is amended--
       (1) in the first sentence--
       (A) by inserting ``continuation of pay or'' before 
     ``compensation is payable'';
       (B) by inserting ``continuation of pay or'' before 
     ``compensation from the United States'';

[[Page S2421]]

       (C) by striking ``by him or in his behalf'' and inserting 
     ``by the beneficiary or on behalf of the beneficiary'';
       (D) by inserting ``continuation of pay and'' before 
     ``compensation paid by the United States''; and
       (E) by striking ``compensation payable to him'' and 
     inserting ``continuation of pay or compensation payable to 
     the beneficiary'';
       (2) in the second sentence, by striking ``his designee'' 
     and inserting ``the designee of the beneficiary''; and
       (3) in the fourth sentence, by striking ``If compensation'' 
     and all that follows through ``payable to him by the United 
     States'' and inserting ``If continuation of pay or 
     compensation has not been paid to the beneficiary, the money 
     or property shall be credited against continuation of pay or 
     compensation payable to the beneficiary by the United 
     States''.

     SEC. 412. SOCIAL SECURITY EARNINGS INFORMATION.

       Section 8116, as amended by section 308, is amended by 
     adding at the end the following:
       ``(f) Earnings Information.--Notwithstanding section 552a 
     or any other provision of Federal or State law, the Social 
     Security Administration shall make available to the Secretary 
     of Labor, upon written request, the Social Security earnings 
     information of a living or deceased employee who may have 
     sustained an injury or died as a result of an injury that is 
     the subject of a claim under this subchapter required by the 
     Secretary of Labor to carry out this subchapter.''.

     SEC. 413. AMOUNT OF COMPENSATION.

       (a) Injuries to Face, Head, and Neck.--Section 8107(c)(21) 
     is amended--
       (1) by striking ``not to exceed $3,500'' and inserting ``in 
     proportion to the severity of the disfigurement, not to 
     exceed $50,000,''; and
       (2) by adding at the end the following: ``The maximum 
     amount of compensation under this paragraph shall be 
     increased on March 1 of each year by the amount determined by 
     the Secretary of Labor to represent the percent change in the 
     price index published for December of the preceding year over 
     the price index published for the December of the year prior 
     to the preceding year, adjusted to the nearest one-tenth of 1 
     percent.''.
       (b) Funeral Expenses.--Section 8134(a) is amended--
       (1) by striking ``$800'' and inserting ``$6,000''; and
       (2) by adding at the end the following: ``The maximum 
     amount of compensation under this subsection shall be 
     increased on March 1 of each year by the amount determined by 
     the Secretary of Labor to represent the percent change in the 
     price index published for December of the preceding year over 
     the price index published for the December of the year prior 
     to the preceding year, adjusted to the nearest one-tenth of 1 
     percent.''.
       (c) Application.--The amendments made by this section shall 
     apply to injuries or deaths, respectively, occurring on or 
     after the date of enactment of this Act.

     SEC. 414. TECHNICAL AND CONFORMING AMENDMENTS.

       Chapter 81 is amended--
       (1) in section 8101(1)(D), by inserting ``for an injury 
     that occurred before the effective date of section 204(e) of 
     the District of Columbia Self-Government and Governmental 
     Reorganization Act (Public Law 93 198; 87 Stat. 783; 5 U.S.C. 
     8101 note)'' before the semicolon;
       (2) in section 8139, by inserting ``under this subchapter'' 
     after ``Compensation awarded''; and
       (3) in section 8148(a), by striking ``section 8106'' and 
     inserting ``section 8106a''.

     SEC. 415. REGULATIONS.

       (a) In General.--As soon as possible after the date of 
     enactment of this Act, the Secretary of Labor shall 
     promulgate regulations (which may include interim final 
     regulations) to carry out this title.
       (b) Contents.--The regulations promulgated under subsection 
     (a) shall include, for purposes of the amendments made by 
     sections 302 and 303, clarification of--
       (1) what is a claim; and
       (2) what is the date on which a period of disability, for 
     which a claim is made, commences.

                    TITLE V--POSTAL SERVICE REVENUE

     SEC. 501. ADEQUACY, EFFICIENCY, AND FAIRNESS OF POSTAL RATES.

       (a) In General.--Section 3622(d) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraphs (B) through (E) as 
     subparagraph (D) through (G), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) subject to the limitation under subparagraph (A), 
     establish postal rates to fulfill the requirement that each 
     market-dominant class, product, and type of mail service 
     (except for an experimental product or service) bear the 
     direct and indirect postal costs attributable to such class, 
     product, or type through reliably identified causal 
     relationships plus that portion of all other costs of the 
     Postal Service reasonably assignable to such class, product, 
     or type;
       ``(C) establish postal rates for each group of functionally 
     equivalent agreements between the Postal Service and users of 
     the mail that--
       ``(i) cover attributable cost; and
       ``(ii) improve the net financial position of the Postal 
     Service;

     for purposes of this subparagraph, a group of functionally 
     equivalent agreements shall consist of all service agreements 
     that are functionally equivalent to each other within the 
     same market-dominant product, but shall not include 
     agreements within an experimental product;''; and
       (2) by adding at the end the following:
       ``(4) PRC study.--
       ``(A) In general.--Within 90 days after the end of the 
     first fiscal year beginning after the date of enactment of 
     the Postal Reform Act of 2012, the Postal Regulatory 
     Commission shall complete a study to determine the 
     quantitative impact of the Postal Service's excess capacity 
     on the direct and indirect postal costs attributable to any 
     class that bears less than 100 percent of its costs 
     attributable (as described in paragraph (1)(B)), according to 
     the most recent annual determination of the Postal Regulatory 
     Commission under section 3653.
       ``(B) Requirements.--The study required under subparagraph 
     (A) shall--
       ``(i) be conducted pursuant to regulations that the Postal 
     Regulatory Commission shall prescribe within 90 days after 
     the date of enactment of the Postal Reform Act of 2012, 
     taking into account existing regulations for proceedings to 
     improve the quality, accuracy, or completeness of ratemaking 
     information under section 3652(e)(2) in effect on such date; 
     and
       ``(ii) for any year in which any class of mail bears less 
     than 100 percent of its costs attributable (as described in 
     paragraph (1)(B)), be updated annually by the Postal Service 
     and included in its annual report to the Commission under 
     section 3652, using such methodologies as the Commission 
     shall by regulation prescribe.
       ``(5) Additional rates.--Starting not earlier than 12 
     months and not later than 18 months after the date on which 
     the first study described in paragraph (4) is completed, and 
     at least once in each subsequent 12-month period, the Postal 
     Service shall establish postal rates for each loss-making 
     class of mail to eliminate such losses (other than those 
     caused by the Postal Service's excess capacity) by exhausting 
     all unused rate authority as well as maximizing incentives to 
     reduce costs and increase efficiency, subject to the 
     following:
       ``(A) The term `loss-making', as used in this paragraph 
     with respect to a class of mail, means a class of mail that 
     bears less than 100 percent of its costs attributable (as 
     described in paragraph (1)(B)), according to the most recent 
     annual determination of the Postal Regulatory Commission 
     under section 3653, adjusted to account for the quantitative 
     effect of excess capacity on the costs attributable of the 
     class (as described in paragraph (1)(C)).
       ``(B) Unused rate authority shall be annually increased by 
     2 percent for each class of mail that bears less than 90 
     percent of its costs attributable (as described in paragraph 
     (1)(B)), according to the most recent annual determination of 
     the Postal Regulatory Commission under section 3653, adjusted 
     to account for the quantitative effect of excess capacity on 
     the costs attributable of the class (as described in 
     paragraph (1)(C)), with such increase in unused rate 
     authority to take effect 30 days after the date that the 
     Commission issues such determination.''.
       (b) Conforming Amendment.--Subparagraph (A) of section 
     3622(c)(10) is amended to read as follows:
       ``(A) improve 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; and''.
       (c) Exception.--Section 3622(d) is amended by adding at the 
     end the following:
       ``(4) Exception.--The requirements of paragraph (1)(B) 
     shall not apply to a market-dominant product for which a 
     substantial portion of the product's mail volume consists of 
     inbound international mail with terminal dues rates 
     determined by the Universal Postal Union (and not by 
     bilateral agreements or other arrangements).''.

     SEC. 502. REPEAL OF RATE PREFERENCES FOR QUALIFIED POLITICAL 
                   COMMITTEES.

       Subsection (e) of section 3626 is repealed.

     SEC. 503. STREAMLINED REVIEW OF QUALIFYING SERVICE AGREEMENTS 
                   FOR COMPETITIVE PRODUCTS.

       Section 3633 is amended by adding at the end the following:
       ``(c) Streamlined Review.--Within 90 days after the date of 
     the enactment of this subsection, after notice and 
     opportunity for public comment, the Postal Regulatory 
     Commission shall promulgate (and may from time to time 
     thereafter revise) regulations for streamlined after-the-fact 
     review of new agreements between the Postal Service and users 
     of the mail that provide rates not of general applicability 
     for competitive products, and are functionally equivalent to 
     existing agreements that have collectively covered 
     attributable costs and collectively improved the net 
     financial position of the Postal Service. Streamlined review 
     will be concluded within 5 working days after the agreement 
     is filed with the Commission and shall be limited to approval 
     or disapproval of the agreement as a whole based on the 
     Commission's determination of its functional equivalence. 
     Agreements not approved may be resubmitted without prejudice 
     under section 3632(b)(3).''.

     SEC. 504. SUBMISSION OF SERVICE AGREEMENTS FOR STREAMLINED 
                   REVIEW.

       Section 3632(b) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and

[[Page S2422]]

       (2) by inserting paragraph (3) the following:
       ``(4) Rates for streamlined review.--In the case of rates 
     not of general applicability for competitive products that 
     the Postmaster General considers eligible for streamlined 
     review under section 3633(c), the Postmaster General shall 
     cause each agreement to be filed with the Postal Regulatory 
     Commission by such date, on or before the effective date of 
     any new rate, as the Postmaster General considered 
     appropriate.''.

     SEC. 505. TRANSPARENCY AND ACCOUNTABILITY FOR SERVICE 
                   AGREEMENTS.

       Section 3653 is amended--
       (1) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Each annual written determination of the Commission 
     under section 3653 shall include the following written 
     determinations:
       ``(1) whether each product covered its costs, and if it did 
     not, the determination shall state that such product is in 
     noncompliance under section 3653(c); and
       ``(2) for each group of functionally equivalent agreements 
     between the Postal Service and users of the mail, whether it 
     fulfilled requirements to--
       ``(A) cover attributable costs; and
       ``(B) improve the net financial position of the Postal 
     Service.
       ``(3) Any group of functionally equivalent agreements (as 
     referred to in subparagraph (B)) not meeting subparagraphs 
     (A) and (B) of paragraph (2) shall be determined to be in 
     noncompliance under this subsection.
       ``(4) For purposes of this subsection, a group of 
     functionally equivalent agreements (as referred to in 
     paragraph (2)) shall consist of all service agreements that 
     are functionally equivalent to each other within the same 
     market-dominant or competitive product, but shall not include 
     agreements within an experimental product.''.

     SEC. 506. NONPOSTAL SERVICES.

       (a) Nonpostal Services.--
       (1) In general.--Part IV is amended by adding after chapter 
     36 the following:

                    ``CHAPTER 37--NONPOSTAL SERVICES

``Sec.
``3701. Purpose.
``3702. Definitions.
``3703. Postal Service advertising program.
``3704. Postal Service program for State governments.
``3705. Postal Service program for other government agencies.
``3706. Transparency and accountability for nonpostal services.

     ``Sec.  3701. Purpose

       ``This chapter is intended to enable the Postal Service to 
     increase its net revenues through specific nonpostal products 
     and services that are expressly authorized by this chapter. 
     Postal Service revenues and expenses under this chapter shall 
     be funded through the Postal Service Fund.

     ``Sec.  3702. Definitions

       ``As used in this chapter--
       ``(1) the term `nonpostal services' is limited to services 
     offered by the Postal Service that are expressly authorized 
     by this chapter and are not postal products or services;
       ``(2) the term `Postal Service advertising program' means a 
     program, managed by the Postal Service, by which the Postal 
     Service receives revenues from entities which advertise at 
     Postal Service facilities and on Postal Service vehicles;
       ``(3) the term `Postal Service program for State 
     governments' means a program, managed by the Postal Service, 
     by which the Postal Service receives revenue from State 
     governments (including their agencies) for providing services 
     on their behalf at Postal Service facilities;
       ``(4) the term `attributable costs' means costs 
     attributable, as defined in section 3631; and
       ``(5) the term `year' means a fiscal year.

     ``Sec.  3703. Postal Service advertising program

       ``Notwithstanding any other provision of this title, the 
     Postal Service may establish and manage a program that allows 
     entities to advertise at Postal Service facilities and on 
     Postal Service vehicles. Such a program shall be subject to 
     the following requirements:
       ``(1) The Postal Service shall at all times ensure 
     advertising it permits is consistent with the integrity of 
     the Postal Service.
       ``(2) Any advertising program is required to cover a 
     minimum of 200 percent of its attributable costs in each 
     year.
       ``(3) All advertising expenditures and revenues are subject 
     to annual compliance determination (including remedies for 
     noncompliance) applicable to nonpostal products.
       ``(4) Total advertising expenditures and revenues must be 
     disclosed in Postal Service annual reports.

     ``Sec.  3704. Postal Service program for State governments

       ``(a) In General.--Notwithstanding any other provision of 
     this title, the Postal Service may establish a program to 
     provide services for agencies of State governments within the 
     United States, but only if such services--
       ``(1) shall provide enhanced value to the public, such as 
     by lowering the cost or raising the quality of such services 
     or by making such services more accessible;
       ``(2) do not interfere with or detract from the value of 
     postal services, including--
       ``(A) the cost and efficiency of postal services; and
       ``(B) access to postal retail service, such as customer 
     waiting time and access to parking; and
       ``(3) provide a reasonable contribution to the 
     institutional costs of the Postal Service, defined as 
     reimbursement for each service and to each agency covering at 
     least 150 percent of the attributable costs of such service 
     in each year.
       ``(b) Public Notice.--At least 90 days before offering any 
     services under this section, the Postal Service shall make 
     each agreement with State agencies readily available to the 
     public on its website, including a business plan that 
     describes the specific services to be provided, the enhanced 
     value to the public, terms of reimbursement, the estimated 
     annual reimbursement to the Postal Service, and the estimated 
     percentage of attributable Postal Service costs that will be 
     covered by reimbursement (with documentation to support these 
     estimates). The Postal Service shall solicit public comment 
     for at least 30 days, with comments posted on its website, 
     followed by its written response posted on its website at 
     least 30 days before offering such services.
       ``(c) Approval Required.--The Governors of the Postal 
     Service shall approve the provision of services under this 
     section by a recorded vote, with at least \2/3\ of its 
     membership voting for approval, with the vote publicly 
     disclosed on the Postal Service website.
       ``(d) Classification of Services.--All services for a given 
     agency provided under this section shall be classified as a 
     separate activity subject to the requirements of annual 
     reporting under section 3706. Such reporting shall also 
     include information on the quality of service and related 
     information to demonstrate that it satisfied the requirements 
     of subsection (a). Information provided under this section 
     shall be according to requirements that the Postal Regulatory 
     Commission shall by regulation prescribe.
       ``(e) Definitions.--For the purpose of this section--
       ``(1) the term `State' includes the District of Columbia, 
     the Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States; and
       ``(2) the term `United States', when used in a geographical 
     sense, means the States.

     ``Sec.  3705. Postal Service program for other government 
       agencies

       ``(a) In General.--The Postal Service may establish a 
     program to provide property and services for other government 
     agencies within the meaning of section 411, but only if such 
     program provides a reasonable contribution to the 
     institutional costs of the Postal Service, defined as 
     reimbursement by each agency that covers at least 100 percent 
     of the attributable costs of all property and service 
     provided by the Postal Service in a each year to such agency.
       ``(b) Classification of Services.--For each agency, all 
     property and services provided by the Postal Service under 
     this section shall be classified as a separate activity 
     subject to the requirements of annual reporting under section 
     3706. Information provided under this section shall be 
     according to requirements that the Postal Regulatory 
     Commission shall by regulation prescribe.

     ``Sec.  3706. Transparency and accountability for nonpostal 
       services

       ``(a) Annual Reports to the Commission.--
       ``(1) In general.--The Postal Service shall, no later than 
     90 days after the end of each year, prepare and submit to the 
     Postal Regulatory Commission a report (together with such 
     nonpublic annex to the report as the Commission may require 
     under subsection (b)) which shall analyze costs, revenues, 
     rates, and quality of service for this chapter, using such 
     methodologies as the Commission shall by regulation 
     prescribe, and in sufficient detail to demonstrate compliance 
     with all applicable requirements of this chapter.
       ``(2) Audits.--The Inspector General shall regularly audit 
     the data collection systems and procedures utilized in 
     collecting information and preparing such report. The results 
     of any such audit shall be submitted to the Postal Service 
     and the Postal Regulatory Commission.
       ``(b) Supporting Matter.--The Postal Regulatory Commission 
     shall have access, in accordance with such regulations as the 
     Commission shall prescribe, to the working papers and any 
     other supporting matter of the Postal Service and the 
     Inspector General in connection with any information 
     submitted under this section.
       ``(c) Content and Form of Reports.--
       ``(1) In general.--The Postal Regulatory Commission shall, 
     by regulation, prescribe the content and form of the public 
     reports (and any nonpublic annex and supporting matter 
     relating to the report) to be provided by the Postal Service 
     under this section. Such reports shall be included with the 
     annual compliance determination reported under section 3653. 
     In carrying out this subsection, the Commission shall give 
     due consideration to--
       ``(A) providing the public with timely, adequate 
     information to assess compliance;
       ``(B) avoiding unnecessary or unwarranted administrative 
     effort and expense on the part of the Postal Service; and
       ``(C) protecting the confidentiality of information that is 
     commercially sensitive or is exempt from public disclosure 
     under section 552(b) of title 5.
       ``(2) Revised requirements.--The Commission may, on its own 
     motion or on request of

[[Page S2423]]

     any interested party, initiate proceedings (to be conducted 
     in accordance with regulations that the Commission shall 
     prescribe) to improve the quality, accuracy, or completeness 
     of Postal Service data required by the Commission under this 
     subsection whenever it shall appear that--
       ``(A) the attribution of costs or revenues to property or 
     services under this chapter has become significantly 
     inaccurate or can be significantly improved;
       ``(B) the quality of service data provided to the 
     Commission for annual reports under this chapter has become 
     significantly inaccurate or can be significantly improved; or
       ``(C) such revisions are, in the judgment of the 
     Commission, otherwise necessitated by the public interest.
       ``(d) Confidential Information.--
       ``(1) In general.--If the Postal Service determines that 
     any document or portion of a document, or other matter, which 
     it provides to the Postal Regulatory Commission in a 
     nonpublic annex under this section contains information which 
     is described in section 410(c) of this title, or exempt from 
     public disclosure under section 552(b) of title 5, the Postal 
     Service shall, at the time of providing such matter to the 
     Commission, notify the Commission of its determination, in 
     writing, and describe with particularity the documents (or 
     portions of documents) or other matter for which 
     confidentiality is sought and the reasons therefor.
       ``(2) Treatment.--Any information or other matter described 
     in paragraph (1) to which the Commission gains access under 
     this section shall be subject to paragraphs (2) and (3) of 
     section 504(g) in the same way as if the Commission had 
     received notification with respect to such matter under 
     section 504(g)(1).
       ``(e) Annual Compliance Determination.--
       ``(1) Opportunity for public comment.--After receiving the 
     reports required under subsection (a) for any year, the 
     Postal Regulatory Commission shall promptly provide an 
     opportunity for comment on such reports by any interested 
     party, and an officer of the Commission who shall be required 
     to represent the interests of the general public.
       ``(2) Determination of compliance or noncompliance.--Not 
     later than 90 days after receiving the submissions required 
     under subsection (a) with respect to a year, the Postal 
     Regulatory Commission shall make a written determination as 
     to whether any nonpostal activities during such year were or 
     were not in compliance with applicable provisions of this 
     chapter (or regulations promulgated under this chapter). The 
     Postal Regulatory Commission shall issue a determination of 
     noncompliance if the requirements for coverage of 
     attributable costs are not met. If, with respect to a year, 
     no instance of noncompliance is found to have occurred in 
     such year, the written determination shall be to that effect.
       ``(3) Noncompliance.--If, for a year, a timely written 
     determination of noncompliance is made under this chapter, 
     the Postal Regulatory Commission shall take appropriate 
     action. If the requirements for coverage of attributable 
     costs specified by this chapter are not met, the Commission 
     shall, within 60 days after the determination, prescribe 
     remedial action to restore compliance as soon as practicable, 
     which shall also include the full restoration of revenue 
     shortfalls during the following fiscal year. The Commission 
     may order the Postal Service to discontinue a nonpostal 
     service under section 3703 or 3704 that persistently fails to 
     meet cost coverage requirements.
       ``(4) Any deliberate noncompliance.--In addition, in cases 
     of deliberate noncompliance by the Postal Service with the 
     requirements of this chapter, the Postal Regulatory 
     Commission may order, based on the nature, circumstances, 
     extent, and seriousness of the noncompliance, a fine (in the 
     amount specified by the Commission in its order) for each 
     incidence of noncompliance. All receipts from fines imposed 
     under this subsection shall be deposited in the general fund 
     of the Treasury of the United States.''.
       (2) Clerical amendment.--The table of chapters at the 
     beginning of part IV is amended by adding after the item 
     relating to chapter 36 the following:

``37. Nonpostal services....................................3701''.....

       (b) Conforming Amendments.--
       (1) Section 404(e).--Section 404(e) is amended by adding at 
     the end the following:
       ``(6) Nothing in this section shall be considered to 
     prevent the Postal Service from establishing nonpostal 
     products and services that are expressly authorized by 
     chapter 37.''.
       (2) Section 411.--The last sentence of section 411 is 
     amended by striking ``including reimbursability'' and 
     inserting ``including reimbursability within the limitations 
     of chapter 37''.
       (3) Treatment of existing nonpostal services.--All 
     nonpostal services continued pursuant to section 404(e) of 
     title 39, United States Code, shall be considered to be 
     expressly authorized by chapter 37 of such title (as added by 
     subsection (a)(1)) and shall be subject to the requirements 
     of such chapter.

     SEC. 507. REIMBURSEMENT OF ALASKA BYPASS MAIL COSTS.

       (a) Cost Estimates by Postal Regulatory Commission.--
     Section 3651(b) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Alaska bypass mail costs.--In addition to the 
     information required under subsection (a), each report under 
     this section shall also include, with respect to the period 
     covered by such report, an estimate of the costs incurred by 
     the Postal Service in providing Alaska bypass mail service 
     under section 5402 of this title.''.
       (b) Reimbursements.--
       (1) In general.--Chapter 54 is amended by adding at the end 
     the following:

     ``Sec.  5404. Reimbursement of Alaska bypass mail costs

       ``(a) In General.--The State of Alaska, on an annual basis, 
     shall make a payment to the Postal Service to reimburse the 
     Postal Service for its costs in providing Alaska bypass mail 
     service under section 5402 of this title.
       ``(b) Date of First Payment.--The State of Alaska shall 
     make its first payment under subsection (a) on or before the 
     last day of the first fiscal year of the State of Alaska 
     beginning after the date of enactment of this section.
       ``(c) Payment Amounts.--
       ``(1) Determination of amounts.--The amount of a payment 
     under subsection (a) shall be determined based on the most 
     recent cost estimate prepared by the Postal Regulatory 
     Commission under section 3651(b)(2) of this title (in this 
     subsection referred to as the `cost estimate').
       ``(2) First payment.--The first payment under subsection 
     (a) shall be in an amount equal to 20 percent of the cost 
     estimate.
       ``(3) Subsequent payments.--Each subsequent payment under 
     subsection (a) shall be in an amount equal to a percentage of 
     the cost estimate determined by adding 20 percent to the 
     percentage due in the prior year, except that no payment 
     shall exceed 100 percent of the cost estimate.
       ``(d) Notice of Payment Amounts.--Not later than 30 days 
     after the date of issuance of a cost estimate by the Postal 
     Regulatory Commission under section 3651(b)(2) of this title, 
     the Postal Service shall furnish the State of Alaska with 
     written notice of the amount of the next payment due under 
     subsection (a).
       ``(e) Deposit of Payments.--Not later than the last day of 
     the fiscal year of the State of Alaska in which notice of a 
     payment is provided under subsection (d)--
       ``(1) the State of Alaska shall transmit the payment to the 
     Postal Service; and
       ``(2) the Postal Service shall deposit the payment in the 
     Postal Service Fund.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 54 is amended by adding at the end the 
     following:

``5404. Reimbursement of Alaska bypass mail costs.''.

     SEC. 508. APPROPRIATIONS MODERNIZATION.

       (a) In General.--Section 2401 is amended by striking 
     subsections (b) through (d).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective with respect to fiscal years beginning 
     after the date of enactment of this Act.

     SEC. 509. RETIREE HEALTH CARE BENEFIT PAYMENT DEFERRAL.

       Section 8909a of title 5, United States Code, is amended--
       (1) in the section heading, by striking ``Benefit'' and 
     inserting ``Benefits'';
       (2) in subsection (d)(3)(A)(v), by striking 
     ``$5,500,000,000'' and inserting ``$1,000,000,000'';
       (3) in subsection (d)(3)(A)(ix), by striking 
     ``$5,700,000,000'' and inserting ``$7,950,000,000''; and
       (4) in subsection (d)(3)(A)(x), by striking 
     ``$5,800,000,000'' and inserting ``$8,050,000,000''.

                  TITLE VI--POSTAL CONTRACTING REFORM

     SEC. 601. CONTRACTING PROVISIONS.

       (a) In General.--Part I is amended by adding at the end the 
     following:

                  ``CHAPTER 7--CONTRACTING PROVISIONS

``Sec.
``701. Definitions.
``702. Advocate for competition.
``703. Delegation of contracting authority.
``704. Posting of noncompetitive purchase requests for noncompetitive 
              contracts.
``705. Review of ethical issues.
``706. Ethical restrictions on participation in certain contracting 
              activity.

     ``Sec.  701. Definitions

       ``In this chapter--
       ``(1) the term `contracting officer' means an employee of a 
     covered postal entity who has authority to enter into a 
     postal contract;
       ``(2) the term `covered postal entity' means--
       ``(A) the Postal Service; or
       ``(B) the Postal Regulatory Commission;
       ``(3) the term `head of a covered postal entity' means--
       ``(A) in the case of the Postal Service, the Postmaster 
     General; or
       ``(B) in the case of the Postal Regulatory Commission, the 
     Chairman of the Postal Regulatory Commission;
       ``(4) the term `postal contract' means--
       ``(A) in the case of the Postal Service, any contract 
     (including any agreement or memorandum of understanding) 
     entered into by the Postal Service for the procurement of 
     goods or services; or
       ``(B) in the case of the Postal Regulatory Commission, any 
     contract (including any agreement or memorandum of 
     understanding) in an amount exceeding the simplified 
     acquisition threshold (as defined in section 134 of title 41 
     and adjusted under section 1908 of such title) entered into 
     by the Postal Regulatory Commission for the procurement of 
     goods or services.

[[Page S2424]]

       ``(5) the term `senior procurement executive' means the 
     senior procurement executive of a covered postal entity.

     ``Sec.  702. Advocate for competition

       ``(a) Establishment and Designation.--
       ``(1) There is established in each covered postal entity an 
     advocate for competition.
       ``(2) The head of each covered postal entity shall 
     designate for the covered postal entity 1 or more officers or 
     employees (other than the senior procurement executive) to 
     serve as the advocate for competition.
       ``(b) Responsibilities.--The advocate for competition of a 
     covered postal entity shall--
       ``(1) be responsible for promoting--
       ``(A) the contracting out of functions of the covered 
     postal entity that the private sector can perform equally 
     well or better, and at lower cost; and
       ``(B) competition to the maximum extent practicable 
     consistent with obtaining best value by promoting the 
     acquisition of commercial items and challenging barriers to 
     competition;
       ``(2) review the procurement activities of the covered 
     postal entity; and
       ``(3) prepare and transmit the annual report required under 
     subsection (c).
       ``(c) Annual Report.--
       ``(1) Preparation.--The advocate for competition of a 
     covered postal entity shall prepare an annual report 
     describing the following:
       ``(A) The activities of the advocate under this section.
       ``(B) Initiatives required to promote contracting out and 
     competition.
       ``(C) Barriers to contracting out and competition.
       ``(D) In the case of the report prepared by the competition 
     advocate of the Postal Service, the number of waivers made by 
     the Postal Service under section 704(c).
       ``(2) Transmission.--The report under this subsection shall 
     be transmitted--
       ``(A) to Congress;
       ``(B) to the head of the postal entity;
       ``(C) to the senior procurement executive of the entity;
       ``(D) in the case of the competition advocate of the Postal 
     Service, to each member of the Postal Service Board of 
     Governors; and
       ``(E) in the case of the competition advocate of the Postal 
     Regulatory Commission, to each of the Commissioners of the 
     Commission.

     ``Sec.  703. Delegation of contracting authority

       ``(a) In General.--
       ``(1) Policy.--Not later than 60 days after the date of 
     enactment of this chapter, the head of each covered postal 
     entity shall issue a policy on contracting officer 
     delegations of authority for postal contracts for the covered 
     postal entity.
       ``(2) Contents.--The policy issued under paragraph (1) 
     shall require that--
       ``(A) notwithstanding any delegation of authority with 
     respect to postal contracts, the ultimate responsibility and 
     accountability for the award and administration of postal 
     contracts resides with the senior procurement executive; and
       ``(B) a contracting officer shall maintain an awareness of 
     and engagement in the activities being performed on postal 
     contracts of which that officer has cognizance, 
     notwithstanding any delegation of authority that may have 
     been executed.
       ``(b) Posting of Delegations.--
       ``(1) In general.--The head of each covered postal entity 
     shall make any delegation of authority for postal contracts 
     outside the functional contracting unit readily available and 
     accessible on the website of the covered postal entity.
       ``(2) Effective date.--This paragraph shall apply to any 
     delegation of authority made on or after 30 days after the 
     date of enactment of this chapter.

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

       ``(a) Posting Required.--
       ``(1) Postal regulatory commission.--The Postal Regulatory 
     Commission shall make the noncompetitive purchase request for 
     any noncompetitive award for any contract (including any 
     agreement or memorandum of understanding) entered into by the 
     Postal Regulatory Commission for the procurement of goods and 
     services, in an amount of $20,000 or more, including the 
     rationale supporting the noncompetitive award, publicly 
     available on the website of the Postal Regulatory 
     Commission--
       ``(A) not later than 14 days after the date of the award of 
     the noncompetitive contract; or
       ``(B) not later than 30 days after the date of the award of 
     the noncompetitive contract, if the basis for the award was a 
     compelling business interest.
       ``(2) Postal service.--The Postal Service shall make the 
     noncompetitive purchase request for any noncompetitive award 
     of a postal contract in an amount of $250,000 or more, 
     including the rationale supporting the noncompetitive award, 
     publicly available on the website of the Postal Service--
       ``(A) not later than 14 days after the date of the award; 
     or
       ``(B) not later than 30 days after the date of the award, 
     if the basis for the award was a compelling business 
     interest.
       ``(3) Adjustments to the posting threshold for the postal 
     service.--
       ``(A) Review and determination.--Not later than January 31 
     of each year, the Postal Service shall--
       ``(i) review the $250,000 threshold established under 
     paragraph (2); and
       ``(ii) based on any change in the Consumer Price Index for 
     all-urban consumers of the Department of Labor, determine 
     whether an adjustment to the threshold shall be made.
       ``(B) Amount of adjustments.--An adjustment under 
     subparagraph (A) shall be made in increments of $5,000. If 
     the Postal Service determines that a change in the Consumer 
     Price Index for a year would require an adjustment in an 
     amount that is less than $5,000, the Postal Service may not 
     make an adjustment to the threshold for the year.
       ``(4) Effective date.--This subsection shall apply to any 
     noncompetitive contract awarded on or after the date that is 
     90 days after the date of enactment of this chapter.
       ``(b) Public Availability.--
       ``(1) In general.--Subject to paragraph (2), the 
     information required to be made publicly available by a 
     covered postal entity under subsection (a) shall be readily 
     accessible on the website of the covered postal entity.
       ``(2) Protection of proprietary information.--A covered 
     postal entity shall--
       ``(A) carefully screen any description of the rationale 
     supporting a noncompetitive award required to be made 
     publicly available under subsection (a) to determine whether 
     the description includes proprietary data (including any 
     reference or citation to the proprietary data) or security-
     related information; and
       ``(B) remove any proprietary data or security-related 
     information before making publicly available a description of 
     the rationale supporting a noncompetitive award.
       ``(c) Waivers.--
       ``(1) Waiver permitted.--If the Postal Service determines 
     that making a noncompetitive purchase request for a postal 
     contract of the Postal Service publicly available would risk 
     placing the Postal Service at a competitive disadvantage 
     relative to a private sector competitor, the senior 
     procurement executive, in consultation with the advocate for 
     competition of the Postal Service, may waive the requirements 
     under subsection (a).
       ``(2) Form and content of waiver.--
       ``(A) Form.--A waiver under paragraph (1) shall be in the 
     form of a written determination placed in the file of the 
     contract to which the noncompetitive purchase agreement 
     relates.
       ``(B) Content.--A waiver under paragraph (1) shall 
     include--
       ``(i) a description of the risk associated with making the 
     noncompetitive purchase request publicly available; and
       ``(ii) a statement that redaction of sensitive information 
     in the noncompetitive purchase request would not be 
     sufficient to protect the Postal Service from being placed at 
     a competitive disadvantage relative to a private sector 
     competitor.
       ``(3) Delegation of waiver authority.--The Postal Service 
     may not delegate the authority to approve a waiver under 
     paragraph (1) to any employee having less authority than the 
     senior procurement executive.

     ``Sec.  705. Review of ethical issues

       ``If a contracting officer identifies any ethical issues 
     relating to a proposed contract and submits those issues and 
     that proposed contract to the designated ethics official for 
     the covered postal entity before the awarding of that 
     contract, that ethics official shall--
       ``(1) review the proposed contract; and
       ``(2) advise the contracting officer on the appropriate 
     resolution of ethical issues.

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

       ``(a) Definitions.--In this section--
       ``(1) the term `covered employee' means--
       ``(A) a contracting officer; or
       ``(B) any employee of a covered postal entity whose 
     decision making affects a postal contract as determined by 
     regulations prescribed by the head of a covered postal 
     entity;
       ``(2) the term `final conviction' means a conviction, 
     whether entered on a verdict or plea, including a plea of 
     nolo contendere, for which a sentence has been imposed; and
       ``(3) the term `covered relationship' means a covered 
     relationship described in section 2635.502(b)(1) of title 5, 
     Code of Federal Regulations, or any successor thereto.
       ``(b) In General.--
       ``(1) Regulations.--The head of each covered postal entity 
     shall prescribe regulations that--
       ``(A) require a covered employee to include in the file of 
     any noncompetitive purchase request for a noncompetitive 
     postal contract a written certification that--
       ``(i) discloses any covered relationship of the covered 
     employee; and
       ``(ii) states that the covered employee will not take any 
     action with respect to the noncompetitive purchase request 
     that affects the financial interests of a friend, relative, 
     or person with whom the covered employee is affiliated in a 
     nongovernmental capacity, or otherwise gives rise to an 
     appearance of the use of public office for private gain, as 
     described in section 2635.702 of title 5, Code of Federal 
     Regulations, or any successor thereto;
       ``(B) require a contracting officer to consult with the 
     ethics counsel for the covered postal entity regarding any 
     disclosure made by a covered employee under subparagraph 
     (A)(i), to determine whether participation by the covered 
     employee in the noncompetitive purchase request would give 
     rise to a violation of part 2635 of title 5, Code of Federal 
     Regulations (commonly referred to as the

[[Page S2425]]

     Standards of Ethical Conduct for Employees of the Executive 
     Branch), or any successor thereto;
       ``(C) require the ethics counsel for a covered postal 
     entity to review any disclosure made by a contracting officer 
     under subparagraph (A)(i) to determine whether participation 
     by the contracting officer in the noncompetitive purchase 
     request would give rise to a violation of part 2635 of title 
     5, Code of Federal Regulations (commonly referred to as the 
     Standards of Ethical Conduct for Employees of the Executive 
     Branch), or any successor thereto;
       ``(D) under subsections (d) and (e) of section 2635.502 of 
     title 5, Code of Federal Regulations, or any successor 
     thereto, require the ethics counsel for a covered postal 
     entity to--
       ``(i) authorize a covered employee that makes a disclosure 
     under subparagraph (A)(i) to participate in the 
     noncompetitive postal contract; or
       ``(ii) disqualify a covered employee that makes a 
     disclosure under subparagraph (A)(i) from participating in 
     the noncompetitive postal contract;
       ``(E) require a contractor to timely disclose to the 
     contracting officer in a bid, solicitation, award, or 
     performance of a postal contract any conflict of interest 
     with a covered employee; and
       ``(F) include authority for the head of the covered postal 
     entity to grant a waiver or otherwise mitigate any 
     organizational or personal conflict of interest, if the head 
     of the covered postal entity determines that the waiver or 
     mitigation is in the best interests of the covered postal 
     entity.
       ``(2) Posting of waivers.--Not later than 30 days after the 
     head of a covered postal entity grants a waiver described in 
     paragraph (1)(F), the head of the covered postal entity shall 
     make the waiver publicly available on the website of the 
     covered postal entity.
       ``(c) Contract Voidance and Recovery.--
       ``(1) Unlawful conduct.--In any case in which there is a 
     final conviction for a violation of any provision of chapter 
     11 of title 18 relating to a postal contract, the head of a 
     covered postal entity may--
       ``(A) void that contract; and
       ``(B) recover the amounts expended and property transferred 
     by the covered postal entity under that contract.
       ``(2) Obtaining or disclosing procurement information.--
       ``(A) In general.--In any case in which a contractor under 
     a postal contract fails to timely disclose a conflict of 
     interest to the appropriate contracting officer as required 
     under the regulations promulgated under subsection (b)(1)(E), 
     the head of a covered postal entity may--
       ``(i) void that contract; and
       ``(ii) recover the amounts expended and property 
     transferred by the covered postal entity under that contract.
       ``(B) Conviction or administrative determination.--A case 
     described under subparagraph (A) is any case in which--
       ``(i) there is a final conviction for an offense punishable 
     under section 2105 of title 41; or
       ``(ii) the head of a covered postal entity determines, 
     based upon a preponderance of the evidence, that the 
     contractor or someone acting for the contractor has engaged 
     in conduct constituting an offense punishable under section 
     2105 of such title.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I is amended by adding at the end the 
     following:

``7. Contracting Provisions..................................701''.....

     SEC. 602. TECHNICAL AMENDMENT TO DEFINITION.

       Section 7101(8) of title 41, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) the United States Postal Service and the Postal 
     Regulatory Commission.''.
                                 ______
                                 
  SA 2002. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON CLOSING OR CONSOLIDATING PROCESSING 
                   AND DISTRIBUTION CENTER IN EASTON, MARYLAND.

       The Postal Service may not close or consolidate the 
     processing and distribution center in Easton, Maryland.
                                 ______
                                 
  SA 2003. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. CERTIFICATION BY GOVERNOR OF A STATE.

       Section 404(f) of title 39, United States Code, as added by 
     section 201 of this Act, is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Certification by governor of a state.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `Governor' means the chief executive officer 
     of a State; and
       ``(ii) the term `State' means a State of the United States, 
     the District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, Guam, American Samoa, and the Virgin Islands.
       ``(B) Certification required.--The Postal Service may not 
     close or consolidate a postal facility unless the Governor of 
     the State in which the postal facility is located submits to 
     the Postal Service a certification that the closing or 
     consolidation--
       ``(i) will not harm community safety;
       ``(ii) will not directly or indirectly disrupt commerce; 
     and
       ``(iii) will not limit access to communications in any 
     rural community that lacks broadband internet availability or 
     cellular telephone coverage.'';
       (3) in paragraph (3), as so redesignated--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by inserting after ``facility,'' the following: ``and 
     after receiving a certification submitted under paragraph 
     (2)(B) for that postal facility,''; and
       (B) in subparagraph (B)--
       (i) by redesignating clause (ii) as clause (iii); and
       (ii) by striking clause (i) and inserting the following:
       ``(i) Request for certification from governor.--

       ``(I) Completed area mail processing studies.--In the case 
     of a postal facility described in clause (iii) for which an 
     area mail processing study has been completed, the Postal 
     Service shall request a certification, as described in 
     paragraph (2)(B), for the postal facility from the Governor 
     of the State in which the postal facility is located.
       ``(II) Ongoing area mail processing studies.--In the case 
     of a postal facility described in clause (iii) for which an 
     area mail processing study is in progress, the Postal Service 
     shall--

       ``(aa) suspend the area mail processing study;
       ``(bb) request a certification, as described in paragraph 
     (2)(B), for the postal facility from the Governor of the 
     State in which the postal facility is located; and
       ``(cc) after receiving a certification submitted under 
     paragraph (2)(B) for the postal facility, complete the area 
     mail processing study.
       ``(ii) Consideration of alternative plan.--After receiving 
     a certification submitted under paragraph (2)(B) for a postal 
     facility described in clause (iii), the Postal Service 
     shall--

       ``(I) consider a plan to reduce the capacity of the postal 
     facility, but not close the postal facility; and
       ``(II) publish the results of the consideration under 
     subclause (I) with or as an amendment to the area mail 
     processing study relating to the postal facility.'';

       (4) in paragraph (5), as so redesignated--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(3)'' and inserting ``(4)''; and
       (B) in subparagraph (A), by striking ``(3)'' and inserting 
     ``(4)''; and
       (5) in paragraph (6), as so redesignated--
       (A) in subparagraph (A), by striking ``(4)'' and inserting 
     ``(5)'';
       (B) in subparagraph (B), by striking ``(4)'' and inserting 
     ``(5)''; and
       (C) in subparagraph (C), by striking ``(4)'' and inserting 
     ``(5)''.
                                 ______
                                 
  SA 2004. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. COMMUNITY IMPACT STUDY.

       Subsection (f) of section 404 of title 39, United States 
     Code, as added by section 201 of this Act, is amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (10), respectively;
       (2) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Community impact study.--
       ``(A) Study by independent organization.--Before making a 
     determination under subsection (a)(3) as to the necessity for 
     the closing or consolidation of any postal facility, the 
     Postal Service shall contract with an independent 
     organization to conduct a study of, and submit to the Postal 
     Service a report on, the impact of the closing or 
     consolidation on the community served by the postal facility.
       ``(B) Matters to be studied.--A community impact study 
     described in subparagraph (A) shall evaluate the potential 
     impact of the closing or consolidation of a postal facility 
     on--
       ``(i) small business concerns in the community in which the 
     postal facility is located;
       ``(ii) jobs and employment in the community in which the 
     postal facility is located;
       ``(iii) the unemployment rate in the community in which the 
     postal facility is located; and
       ``(iv) State and local government tax revenues.
       ``(C) Postal service response.--The Postal Service shall 
     include in the justification

[[Page S2426]]

     statement required under paragraph (6) for a postal facility 
     a response to the report submitted under subparagraph (A) for 
     the postal facility that describes the effect of the report 
     on the determination to close or consolidate the postal 
     facility.
       ``(D) Applicability.--The requirements under subparagraphs 
     (A) through (C) shall apply to the determination to close or 
     consolidate any postal facility, including a postal facility 
     described in paragraph (3)(B)(ii).'';
       (4) in paragraph (5), as so redesignated, by striking 
     ``paragraph (3)'' each place that term appears and inserting 
     ``paragraph (4)'';
       (5) in paragraph (6), as so redesignated, by striking 
     ``paragraph (4)'' each place that term appears and inserting 
     ``paragraph (5)''; and
       (6) by inserting after paragraph (7), as so redesignated, 
     the following:
       ``(8) Appeal to postal regulatory commission.--
       ``(A) In general.--A determination of the Postal Service to 
     close or consolidate a postal facility may be appealed by any 
     person served by the postal facility to the Postal Regulatory 
     Commission.
       ``(B) Review by commission.--
       ``(i) Review of record.--The Postal Regulatory Commission 
     shall review a determination of the Postal Service under 
     subparagraph (A) on the basis of the record that was before 
     the Postal Service when the Postal Service made the 
     determination.
       ``(ii) Standard of review.--The Postal Regulatory 
     Commission shall set aside any determination, findings, and 
     conclusions of the Postal Service that the Commission finds 
     to be--

       ``(I) inconsistent with the findings of the report 
     submitted under paragraph (2)(A);
       ``(II) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with the law;
       ``(III) without observance of procedure required by law; or
       ``(IV) unsupported by substantial evidence on the record.

       ``(iii) Applicability of other laws.--The provisions of 
     section 556, section 557, and chapter 7 of title 5 shall not 
     apply to any review carried out by the Postal Regulatory 
     Commission under this paragraph.
       ``(C) Limitation on actions by postal regulatory 
     commission.--The Postal Regulatory Commission may affirm the 
     determination of the Postal Service or order that the entire 
     matter be returned for further consideration, but the 
     Commission may not modify the determination of the Postal 
     Service.
       ``(D) Suspension.--The Postal Regulatory Commission may 
     suspend the effectiveness of the determination of the Postal 
     Service until the final disposition of the appeal.
       ``(E) Deadlines.--
       ``(i) Submittal of appeal.--A person may submit an appeal 
     under subparagraph (A) with respect to a postal facility not 
     later than 15 days after the date on which the Postal Service 
     posts the justification statement under paragraph (6) with 
     respect to the postal facility.
       ``(ii) Determination of postal regulatory commission.--The 
     Postal Regulatory Commission shall make a determination with 
     respect to an appeal under subparagraph (A) not later than 
     120 days after the date on which the Commission receives the 
     appeal.
       ``(iii) Date submitted and received.--For purposes of 
     clauses (i) and (ii), any appeal received by the Postal 
     Regulatory Commission shall--

       ``(I) if sent to the Commission through the mails, be 
     considered to have been submitted and received on the date of 
     the Postal Service postmark on the envelope or other cover in 
     which such appeal is mailed; or
       ``(II) if otherwise lawfully delivered to the Commission, 
     be considered to have been submitted and received on the date 
     determined based on any appropriate documentation or other 
     indicia (as determined under regulations of the 
     Commission).''.

                                 ______
                                 
  SA 2005. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. MAINTENANCE OF EXPECTED DELIVERY TIME FOR PROTECTED 
                   MAIL ITEMS.

       (a) In General.--Subchapter VII of chapter 36 of title 39, 
     United States Code, as amended by this Act, is amended by 
     adding at the end the following:

     ``Sec.  3693. Maintenance of expected delivery time for 
       protected mail items

       ``(a) Definition of Protected Mail Item.--In this section, 
     the term `protected mail item' means--
       ``(1) a medication or pharmaceutical provided by mail--
       ``(A) under a prescription drug plan under part D of title 
     XVIII of the Social Security Act (42 U.S.C. 1395w-101 et 
     seq.); or
       ``(B) by the Department of Veterans Affairs under the laws 
     administered by the Secretary of Veterans Affairs;
       ``(2) a pharmaceutical provided by mail under the national 
     mail-order pharmacy program under section 1074g of title 10, 
     or otherwise provided by mail for members of the uniformed 
     services and covered beneficiaries under chapter 55 of that 
     title;
       ``(3) a benefit delivered to a beneficiary by mail under 
     title II or XVI of the Social Security Act (42 U.S.C. 401 et 
     seq., 1381 et seq.);
       ``(4) a payment of military pay and allowances made by mail 
     to members of the Armed Forces; and
       ``(5) a payment of compensation or pension made by mail 
     under chapter 11, 13, or 15 of title 38.
       ``(b) Maintenance of Expected Delivery Time.--
     Notwithstanding subsection (a), (b), or (c) of section 3691, 
     section 204(b) or 206 of the 21st Century Postal Service Act 
     of 2012, or any other provision of law, the Postal Service 
     may not increase the expected delivery time for protected 
     mail items relative to the expected delivery time for 
     protected mail items as of the day before the date of 
     enactment of the 21st Century Postal Service Act of 2012.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter VII of chapter 36 of title 39, United States Code, 
     is amended by adding at the end the following:

       ``3693. Maintenance of expected delivery time for protected 
           mail items.''.
                                 ______
                                 
  SA 2006. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       On page 227, after the matter after line 7, add the 
     following:

     SEC. 409. DELAY OF TIER 3 MOTOR VEHICLE EMISSION AND FUEL 
                   STANDARDS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall not propose any Tier 3 motor vehicle 
     emission and fuel standard until the Administrator determines 
     that the implementation of the standard will not result in--
       (1) an increase in the price of gasoline;
       (2) an increase in imports of finished products; or
       (3) a loss of refining capacity or decrease in refinery 
     utilization in any Petroleum Administration for Defense 
     District.
       (b) Consultation.--In making the determination described in 
     subsection (a), the Administrator of the Environmental 
     Protection Agency shall consult with the Secretary of Energy 
     and the National Petroleum Council.
                                 ______
                                 
  SA 2007. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POSTAL SERVICE ADVERTISING PROGRAM.

       Section 404 of title 39, United States Code, as amended by 
     this Act, is amended by adding at the end the following:
       ``(g) Subject to subsection (a)(6), the Postal Service may 
     establish and manage a program that allows entities to 
     advertise at Postal Service facilities and on Postal Service 
     vehicles, if--
       ``(1) the Postal Service at all times ensures that 
     advertising it permits is consistent with the integrity of 
     the Postal Service;
       ``(2) the program is required to cover a minimum of 200 
     percent of the costs attributable to the program for each 
     year;
       ``(3) all advertising expenditures and revenues are subject 
     to annual compliance determination (including remedies for 
     noncompliance) applicable to nonpostal products; and
       ``(4) total advertising expenditures and revenues are 
     disclosed in Postal Service annual reports.''.
                                 ______
                                 
  SA 2008. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON BONUS AUTHORITY.

       Section 3686 of title 39, United States Code, is amended--
       (1) in subsection (a), by striking ``The Postal Service'' 
     and inserting ``Subject to subsection (f), the Postal 
     Service''; and
       (2) by adding at the end the following:
       ``(f) Limitation on Bonus Authority.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `bonus' includes a bonus, incentive-based 
     payment, or other reward under this section or any other 
     provision of law; and
       ``(B) the term `senior executive of the Postal Service' 
     means--
       ``(i) a member of the Board of Governors;
       ``(ii) an individual serving in a position described in 
     section 203 or 204; and
       ``(iii) an individual hired as an executive hired under 
     section 1001(c).
       ``(2) Limitation.--On and after the date of enactment of 
     this subsection, the Postal Service may not provide a bonus 
     to a senior executive of the Postal Service if the Postal 
     Service--
       ``(A) has outstanding obligations purchased by the 
     Secretary of the Treasury under section 2006; or
       ``(B) owes any other debt to the Treasury of the United 
     States.''.

[[Page S2427]]

                                 ______
                                 
  SA 2009. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 106. LIMITATION ON POSTAL CONTRIBUTIONS UNDER FEGLI AND 
                   FEHBP.

       Section 1003 of title 39, United States Code, is amended by 
     adding at the end the following:
       ``(e)(1) At least 1 month before the start of each fiscal 
     year as described in paragraph (2), the Postmaster General 
     shall transmit to the Postal Regulatory Commission 
     certification (together with such supporting documentation as 
     the Postal Regulatory Commission may require) that 
     contributions of the Postal Service for such fiscal year will 
     not exceed--
       ``(A) in the case of life insurance under chapter 87 of 
     title 5, the Government contributions determined under 
     section 8708 of such title; and
       ``(B) in the case of health insurance under chapter 89 of 
     title 5, the Government contributions determined under 8906 
     of such title.
       ``(2) This subsection applies with respect to--
       ``(A) except as provided in subparagraph (B), each fiscal 
     year beginning after September 30, 2013; and
       ``(B) in the case of officers and employees of the Postal 
     Service covered by a collective bargaining agreement which is 
     in effect on the date of the enactment of this subsection--
       ``(i) each fiscal year beginning after the expiration date 
     of such agreement, including
       ``(ii) for the fiscal year in which such expiration date 
     occurs, any portion of such fiscal year remaining after such 
     expiration date.
       ``(3)(A) If, after reasonable notice and opportunity for 
     hearing is afforded to the Postal Service, the Postal 
     Regulatory Commission finds that the contributions of the 
     Postal Service for a fiscal year will exceed or are exceeding 
     the limitation specified in subparagraph (A) or (B) of 
     paragraph (1), the Commission shall order that the Postal 
     Service take such action as the Commission considers 
     necessary to achieve full and immediate compliance with the 
     applicable limitation or limitations.
       ``(B) Sections 3663 and 3664 shall apply with respect to 
     any order issued by the Postal Regulatory Commission under 
     subparagraph (A).
       ``(C) Nothing in this paragraph shall be considered to 
     permit the issuance of an order requiring reduction of 
     contributions below the level specified by the provision of 
     law cited in subparagraph (A) or (B) of paragraph (1), as 
     applicable.''.
                                 ______
                                 
  SA 2010. Mr. McCAIN (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 106. APPLICABILITY OF REDUCTION-IN-FORCE PROCEDURES.

       Section 1206 of title 39, United States Code is amended by 
     adding at the end the following:
       ``(d) Collective-bargaining agreements between the Postal 
     Service and bargaining representatives recognized under 
     section 1203, ratified after the date of enactment of this 
     subsection, shall contain no provision restricting the 
     applicability of reduction-in-force procedures under title 5 
     with respect to members of the applicable bargaining unit.
       ``(e) Any collective-bargaining agreement between the 
     Postal Service and the bargaining representatives recognized 
     under section 1203 ratified before the date of enactment of 
     this Act that contains any provision violating subsection (d) 
     shall be renegotiated with a new collective-bargaining 
     agreement to be ratified or imposed through an arbitration 
     decision under section 1207 within 9 months after such date 
     of enactment.
       ``(f)(1) If a collective-bargaining agreement between the 
     Postal Service and bargaining representatives recognized 
     under section 1203, ratified after the date of enactment of 
     this subsection, includes reduction-in-force procedures which 
     can be applied in lieu of reduction-in-force procedures under 
     title 5, the Postal Service may, in its discretion, apply 
     with respect to members of the applicable bargaining unit--
       ``(A) the alternative procedures (or, if 2 or more are 
     agreed to, 1 of the alternative procedures); or
       ``(B) the reduction-in-force procedures under title 5.
       ``(2) In no event may, if procedures for the resolution of 
     a dispute or impasse arising in the negotiation of a 
     collective-bargaining agreement (whether through binding 
     arbitration or otherwise) are invoked under this chapter, the 
     award or other resolution reached under such procedures 
     provide for the elimination of, or the substitution of any 
     alternative procedures in lieu of, reduction-in-force 
     procedures under title 5.''.
                                 ______
                                 
  SA 2011. Mr. McCAIN (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 1789, to 
improve, sustain, and transform the United States Postal Service; which 
was ordered to lie on the table; as follows:

       Strike section 208 and insert the following:

     SEC. 208. FREQUENCY OF MAIL DELIVERY.

       Section 101 of title 39, United States Code, is amended by 
     adding at the end the following:
       ``(h) Nothing in this title or any other provision of law 
     shall be considered to prevent the Postal Service from taking 
     whatever actions may be necessary to provide for 5-day 
     delivery of mail and a commensurate adjustment in rural 
     delivery of mail, subject to the requirements of section 
     3661.''.
                                 ______
                                 
  SA 2012. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1789, to improve, sustain, and transform 
the United States Postal Service; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

               TITLE _--REGULATION OF POLITICAL ROBOCALLS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Robocall Privacy Act of 
     2012''.

     SEC. _02. FINDINGS.

       Congress makes the following findings:
       (1) Abusive political robocalls harass voters and 
     discourage them from participating in the political process.
       (2) Abusive political robocalls infringe on the privacy 
     rights of individuals by disturbing them in their homes.

     SEC. _03. DEFINITIONS.

       For purposes of this title--
       (1) Political robocall.--The term ``political robocall'' 
     means any outbound telephone call--
       (A) in which a person is not available to speak with the 
     person answering the call, and the call instead plays a 
     recorded message; and
       (B) which promotes, supports, attacks, or opposes a 
     candidate for Federal office.
       (2) Identity.--The term ``identity'' means, with respect to 
     any individual making a political robocall or causing a 
     political robocall to be made, the name of the sponsor or 
     originator of the call.
       (3) Specified period.--The term ``specified period'' means, 
     with respect to any candidate for Federal office who is 
     promoted, supported, attacked, or opposed in a political 
     robocall--
       (A) the 60-day period ending on the date of any general, 
     special, or run-off election for the office sought by such 
     candidate; and
       (B) the 30-day period ending on the date of any primary or 
     preference election, or any convention or caucus of a 
     political party that has authority to nominate a candidate, 
     for the office sought by such candidate.
       (4) Other definitions.--The terms ``candidate'' and 
     ``Federal office'' have the respective meanings given such 
     terms under section 301 of the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431).

     SEC. _04. REGULATION OF POLITICAL ROBOCALLS.

       It shall be unlawful for any person during the specified 
     period to make a political robocall or to cause a political 
     robocall to be made--
       (1) to any person during the period beginning at 9 p.m. and 
     ending at 8 a.m. in the place which the call is directed;
       (2) to the same telephone number more than twice on the 
     same day;
       (3) without disclosing, at the beginning of the call--
       (A) that the call is a recorded message; and
       (B) the identity of the person making the call or causing 
     the call to be made; or
       (4) without transmitting the telephone number and the name 
     of the person making the political robocall or causing the 
     political robocall to be made to the caller identification 
     service of the recipient.

     SEC. _05. ENFORCEMENT.

       (a) Enforcement by Federal Election Commission.--
       (1) In general.--Any person aggrieved by a violation of 
     section _04 may file a complaint with the Federal Election 
     Commission under rules similar to the rules under section 
     309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     437g(a)).
       (2) Civil penalty.--
       (A) In general.--If the Federal Election Commission or any 
     court determines that there has been a violation of section 
     _04, there shall be imposed a civil penalty of not more than 
     $1,000 per violation.
       (B) Willful violations.--In the case the Federal Election 
     Commission or any court determines that there has been a 
     knowing or willful violation of section _04, the amount of 
     any civil penalty under subparagraph (A) for such violation 
     may be increased to not more than 300 percent of the amount 
     under subparagraph (A).
       (b) Private Right of Action.--Any person may bring in an 
     appropriate district court of the United States an action 
     based on a violation of section _04 to enjoin such violation 
     without regard to whether such person has filed a complaint 
     with the Federal Election Commission.
                                 ______
                                 
  SA 2013. Mr. REID proposed an amendment to amendment SA 2000 proposed 
by Mr. Reid (for Mr. Lieberman

[[Page S2428]]

(for himself, Ms. Collins, Mr. Carper, and Mr. Brown of Massachusetts)) 
to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; as follows:

       At the end, add the following new section:

     SEC. __

       This Act shall become effective 7 days after enactment.
                                 ______
                                 
  SA 2014. Mr. REID proposed an amendment to amendment SA 2013 proposed 
by Mr. Reid to the amendment SA 2000 proposed by Mr. Reid (for Mr. 
Lieberman (for himself, Ms. Collins, Mr. Carper, and Mr. Brown of 
Massachusetts)) to the bill S. 1789, to improve, sustain, and transform 
the United States Postal Service; as follows:

       In the amendment, strike ``7 days'' and insert ``6 days''.
                                 ______
                                 
  SA 2015. Mr. REID proposed an amendment to the bill S. 1789, to 
improve, sustain, and transform the United States Postal Service; as 
follows:

       At the end, add the following new section:

     SEC. __

       This Act shall become effective 5 days after enactment.
                                 ______
                                 
  SA 2016. Mr. REID proposed an amendment to amendment SA 2015 proposed 
by Mr. Reid to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; as follows:

       In the amendment, strike ``5 days'' and insert ``4 days''.
                                 ______
                                 
  SA 2017. Mr. REID proposed an amendment to the bill S. 1789, to 
improve, sustain, and transform the United States Postal Service; as 
follows:

       At the end, add the following new section:

     SEC. __

       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 2018. Mr. REID proposed an amendment to amendment SA 2017 proposed 
by Mr. Reid to the bill S. 1789, to improve, sustain, and transform the 
United States Postal Service; as follows:

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 2019. Mr. REID proposed an amendment to amendment SA 2018 proposed 
by Mr. Reid to the amendment SA 2017 proposed by Mr. Reid to the bill 
S. 1789, to improve, sustain, and transform the United States Postal 
Service; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 2020. Mr. WYDEN (for himself, Mrs. Feinstein, Mr. Merkley, and Mr. 
Tester) submitted an amendment intended to be proposed by him to the 
bill S. 1789, to improve, sustain, and transform the United States 
Postal Service; which was ordered to lie on the table; as follows:

       On page 28, strike lines 20 through 24 and insert the 
     following:
       ``(i) conduct an area mail processing study relating to 
     that postal facility that includes--

       ``(I) a plan to reduce the capacity of the postal facility, 
     but not close the postal facility; and
       ``(II) consideration of the effect of the closure or 
     consolidation of the postal facility on the ability of 
     individuals served by the postal facility to vote by mail and 
     the ability of the Postal Service to timely deliver ballots 
     by mail in accordance with the deadline to return ballots 
     established under applicable State law;

       On page 29, line 13, strike ``and'' and all that follows 
     through ``publish'' on line 14 and insert the following:

       ``(II) consider the effect of the closure or consolidation 
     of the postal facility on the ability of individuals served 
     by the postal facility to vote by mail and the ability of the 
     Postal Service to timely deliver ballots by mail in 
     accordance with the deadline to return ballots established 
     under applicable State law; and
       ``(III) publish

       On page 30, line 1, after ``the facility'' insert the 
     following: ``or consideration of the effect of the closure or 
     consolidation of the postal facility on the ability of 
     individuals served by the postal facility to vote by mail and 
     the ability of the Postal Service to timely deliver ballots 
     by mail in accordance with the deadline to return ballots 
     established under applicable State law''.
       On page 45, strike line 3 and all that follows through 
     ``(c)'' on line 11 and insert the following:
       (b) Moratorium on Closing of Post Offices and Postal 
     Facilities.--
       (1) General moratorium.--Notwithstanding section 404(d) of 
     title 39, United States Code, during the period beginning on 
     the date of enactment of this Act and ending on the date on 
     which the Postal Service establishes the service standards 
     under subsection (b), the Postal Service may not close a post 
     office, except as required for the immediate protection of 
     health and safety.
       (2) Moratorium to protect the ability of voters to vote 
     absentee or by mail.--Notwithstanding paragraph (1) or 
     subsection (d) or (f) of section 404 of title 39, United 
     States Code, during the period beginning on the date of 
     enactment of this Act and ending on November 13, 2012, the 
     Postal Service may not close or consolidate a post office or 
     postal facility located in a State that conducts all 
     elections by mail or permits no-excuse absentee voting, 
     except as required for the immediate protection of health and 
     safety.
       (c) Notification of Election Officials.--Section 404 of 
     title 39, United States Code, as amended by this Act, is 
     amended by adding at the end the following:
       ``(g) Notification of Election Officials.--Not later than 
     120 days before the date on which the Postal Service closes 
     or consolidates a post office or postal facility (as defined 
     in subsection (f)), the Postal Service shall notify each 
     State and local election official for the area affected by 
     the closing or consolidation of the closing or 
     consolidation.''.
       (d)
                                 ______
                                 
  SA 2021. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. BOARD OF GOVERNORS.

       (a) In General.--Section 202 of title 39, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) in the first sentence, by striking ``11'' and inserting 
     ``9'';
       (B) in the second sentence--
       (i) by striking ``Nine'' and inserting ``Seven''; and
       (ii) by striking ``5'' and inserting ``4''; and
       (C) in the fourth sentence, by striking ``at least 4'' and 
     inserting ``not fewer than 3'';
       (2) in subsection (b)(1), by striking ``The terms of the 9 
     Governors'' and all that follows and inserting the following: 
     ``(A) The term of a Governor shall be 7 years.
       ``(B) A Governor appointed to fill a vacancy before the 
     expiration of the term for which the predecessor of that 
     Governor was appointed shall serve for the remainder of such 
     term.
       ``(C) A Governor may continue to serve after the expiration 
     of a term until the successor to that Governor has qualified, 
     but may not serve for more than 1 year after the expiration 
     of such term.''; and
       (3) in subsection (e)(3), in the first sentence, by 
     striking ``at least 7'' and inserting ``not fewer than 5''.
       (b) Incumbent.--Notwithstanding the amendments made by 
     subsection (a), an individual serving as a Governor under 
     section 202 of title 39, United States Code, on the date of 
     enactment of this Act may serve as a Governor until the 
     expiration of the term of the individual.
                                 ______
                                 
  SA 2022. Mr. BENNET (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 1789, to 
improve, sustain, and transform the United States Postal Service; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CITIZEN'S SERVICE PROTECTION ADVOCATES.

       (a) In General.--Chapter 4 of title 39, United States Code, 
     is amended by adding at the end the following:

     ``Sec.  417. Citizen's service protection advocates

       ``(a) Appointment of Advocate.--
       ``(1) In general.--The chief executive of a State affected 
     by the closure or consolidation of a rural post office or 
     postal facility (as defined in section 404(f)) may appoint a 
     citizen's service protection advocate to represent the 
     interests of postal customers affected by the closure or 
     consolidation.
       ``(2) Consultation.--In making an appointment under this 
     subsection, the chief executive of a State shall consult 
     with--
       ``(A) the mayor (or equivalent official) of any city 
     affected by the closure or consolidation; and
       ``(B) the commissioner (or equivalent official) of any 
     county, parish, or equivalent political subdivision affected 
     by the closure or consolidation.
       ``(b) Notice.--The Postal Service shall transmit to the 
     chief executive of a State notice of any determination by the 
     Postal Service to close or consolidate a rural post office or 
     postal facility that affects postal customers in the State.
       ``(c) Appeals.--
       ``(1) In general.--Notwithstanding section 404(d), a 
     citizen's service protection advocate may appeal to the 
     Postal Regulatory Commission a decision by the Postal Service 
     to close or consolidate a rural post office or postal 
     facility, if the citizen's service protection advocate finds 
     that the closure or consolidation would result in a failure 
     by the Postal Service to comply with the retail

[[Page S2429]]

     service standards established under section 204(b) of the 
     21st Century Postal Service Act of 2012.
       ``(2) Time for appeal.--An appeal under paragraph (1) shall 
     be submitted to the Postal Regulatory Commission not later 
     than 30 days after the date on which the Postal Service 
     transmits the notice under subsection (b).
       ``(3) Postal regulatory commission.--
       ``(A) Determination required.--Not later than 90 days after 
     the date on which the Postal Regulatory Commission receives 
     an appeal under paragraph (1), the Postal Regulatory 
     Commission shall determine whether to grant or deny the 
     appeal.
       ``(B) Effect of determination.--A determination by the 
     Postal Regulatory Commission under subparagraph (A) shall be 
     binding upon the Postal Service.
       ``(4) Prohibition on closure or consolidation during 
     appeal.--Notwithstanding section 404(d), during the period 
     beginning on the date on which a citizen's service protection 
     advocate submits an appeal under paragraph (1) and ending on 
     the date on which the Postal Regulatory Commission makes a 
     determination under paragraph (3), the Postal Service may not 
     close or consolidate the rural post office or postal facility 
     that is the subject of the appeal, except as required for the 
     immediate protection of health and safety.
       ``(d) Access to Information and Assistance.--
       ``(1) In general.--Subject to paragraph (2), upon the 
     request of any citizen's service protection advocate 
     appointed under this section, the Postal Service shall 
     provide to the citizen's service protection advocate--
       ``(A) access to any records, reports, audits, reviews, 
     documents, papers, recommendations, or other materials of the 
     Postal Service relating to the closure or consolidation of 
     the relevant post office or postal facility; and
       ``(B) assistance in carrying out the duties of the 
     citizen's service protection advocate.
       ``(2) Privacy protections.--The Postal Service may not 
     provide to a citizen's service protection advocate any 
     information, or compilation of information, that is a means 
     of identification, as defined in section 1028(d)(7) of title 
     18, United States Code.
       ``(e) Communication and Consultation.--The Postal Service 
     shall--
       ``(1) provide for regular and efficient communication 
     between a citizen's service protection advocate and the 
     officer or employee of the Postal Service responsible for the 
     closure or consolidation of the relevant post office or 
     postal facility; and
       ``(2) consult with the citizen's service protection 
     advocate in developing and implementing service changes that 
     affect postal customers affected by the closure or 
     consolidation of the relevant post office or postal facility.
       ``(f) Termination of Service.--An individual may not serve 
     as a citizen's service protection advocate with respect to 
     the closure or consolidation of a rural post office or postal 
     facility after the later of--
       ``(1) the date on which the Postal Service determines not 
     to close or consolidate the rural post office or postal 
     facility;
       ``(2) the date on which the Postal Regulatory Commission 
     makes a determination under subsection (c)(3); and
       ``(3) if a citizen's service protection advocate does not 
     submit an appeal under subsection (c), the date on which the 
     Postal Service determines to close or consolidate the rural 
     post office or postal facility; and''.
       (b) Table of Sections.--The table of sections for chapter 4 
     of title 39, United States Code, is amended by adding at the 
     end the following:

``417. Citizen's service protection advocate.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date on which the Postal Service 
     establishes retail service standards under section 204(b).
                                 ______
                                 
  SA 2023. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FOREIGN ASSISTANCE TO EGYPT.

       (a) Prohibition.--No amounts may be obligated or expended 
     to provide any direct United States assistance to the 
     Government of Egypt unless the President certifies to 
     Congress that--
       (1) the Government of Egypt is not holding, detaining, 
     prosecuting, harassing, or preventing the exit from Egypt of 
     any person working for a nongovernmental organization 
     supported by the United States Government on the basis of the 
     person's association with or work for the nongovernmental 
     organization;
       (2) the Government of Egypt is not holding any property of 
     a nongovernmental organization described in paragraph (1) or 
     of a person associated with such a nongovernmental 
     organization; and
       (3) the Government of Egypt--
       (A) has dropped all charges against the persons described 
     in paragraph (1);
       (B) is no longer seeking the arrest of such persons; and
       (C) is no longer seeking the extradition of such persons to 
     Egypt for trial.
       (b) Rescission of Funds.--
       (1) In general.--Subject to paragraph (2), of any amounts 
     previously appropriated for direct United States assistance 
     to the Government of Egypt and available for obligation as of 
     the date of the enactment of this Act, $5,000,000 is hereby 
     rescinded.
       (2) Certification.--If the President certifies to Congress 
     the total amount of funds paid by the United States 
     Government, nongovernmental organizations supported by the 
     United States Government, and individuals working for such 
     nongovernmental organizations to obtain the release of 
     persons working for nongovernmental organizations detained by 
     the Government of Egypt, the amount rescinded under paragraph 
     (1) shall instead be the amount so certified.
       (3) Insufficient funds.--If the President certifies to 
     Congress that the amount of funds required to be rescinded 
     under paragraph (1) or paragraph (2) is greater than the 
     amount of funds available to be rescinded, the President 
     shall withhold from future funding available for direct 
     United States assistance to the Government of Egypt an amount 
     equal to the difference between the amount required to be 
     rescinded and the amount available to be rescinded and 
     transfer such amount to the Treasury of the United States to 
     be used for deficit reduction.
                                 ______
                                 
  SA 2024. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       Strike section 105 and insert the following:

     SEC. 105. ENROLLING SENIORS IN THE SAME HEALTH CARE PLANS AS 
                   MEMBERS OF CONGRESS.

       (a) In General.--Chapter 89 of title 5, United States Code, 
     is amended--
       (1) in section 8901--
       (A) in paragraph (10), by striking ``and'' at the end;
       (B) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(12) the term `covered individual' means an individual 
     who, taking into account section 226(k) of the Social 
     Security Act, would have been entitled to, or could have 
     enrolled for, benefits under part A of title XVIII of such 
     Act or could have enrolled under part B of such title if 
     section 1899B had not been enacted.'';
       (2) by inserting after section 8901 the following:

                  ``SUBCHAPTER I--FEDERAL EMPLOYEES'';

       (3) in section 8902--
       (A) in subsection (a)--
       (i) by inserting ``(1)'' after ``(a)''; and
       (ii) by adding at the end the following:
       ``(2)(A) In this paragraph, the term `equivalent health 
     benefits plan' means a health benefits plan proposed to be 
     provided that offers benefits that the Director of the Office 
     of Personnel Management determines are substantially 
     equivalent or superior to benefits offered under, and does 
     not impose requirements that are substantially different than 
     requirements under, a health benefits plan in which an 
     employee could enroll on the date of enactment of this 
     paragraph if the employee resided--
       ``(i) anywhere in the United States; or
       ``(ii) in the same region of the United States as the 
     health benefits plan proposed to be provided.
       ``(B) For contract years beginning on or after January 1, 
     2014, if a carrier offers to provide an equivalent health 
     benefits plan, the Director shall enter into a contract with 
     the carrier to provide the equivalent health benefits 
     plan.'';
       (B) in subsection (e), by striking ``The Office may 
     prescribe'' and inserting ``Subject to subsection (a)(2), the 
     Office may prescribe''; and
       (C) by adding at the end the following:
       ``(p) A contract under this chapter for a contract year 
     beginning on or after January 1, 2014, shall offer benefits 
     for employees, annuitants, members of their families, former 
     spouses, persons having continued coverage under section 
     8905a of this title, and covered individuals. In 
     administering this subchapter and subchapter II, employees, 
     annuitants, members of their families, former spouses, 
     persons having continued coverage under section 8905a of this 
     title, and covered individuals shall be in the same risk 
     pool.'';
       (4) in section 8904--
       (A) by striking ``(a) The benefits'' and inserting ``The 
     benefits'';
       (B) by striking ``this subsection'' each place it appears 
     and inserting ``this section''; and
       (C) by striking subsection (b);
       (5) in section 8909(a)(1), by inserting ``and for all 
     payments under section 8921(d)'' before the semicolon;
       (6) in section 8910, by striking subsection (d); and
       (7) by adding at the end the following:

                  ``SUBCHAPTER II--COVERED INDIVIDUALS

     ``Sec.  8921. Health insurance for covered individuals

       ``(a) For contract years beginning on or after January 1, 
     2014, and except as otherwise provided in this subchapter, 
     the Director of the Office of Personnel Management shall

[[Page S2430]]

     ensure that to the greatest extent possible health benefits 
     plans provide benefits for covered individuals to the same 
     extent and in the same manner as provided under subchapter I 
     for employees, annuitants, members of their families, former 
     spouses, and persons having continued coverage under section 
     8905a of this title.
       ``(b)(1) The Director shall establish the deadline by which 
     a covered individual shall elect to--
       ``(A) enroll in a health benefits plan under this chapter 
     based on the status of the individual as a covered 
     individual;
       ``(B) with the concurrence of the employer or former 
     employer of the covered individual, receive payments under 
     subsection (d) to assist in paying for health insurance 
     provided through the employer or former employer of the 
     covered individual; or
       ``(C) not enroll in a health benefits plan or receive 
     payments under this chapter.
       ``(2) Failure to make a timely election under this 
     subsection shall be deemed as an election to not enroll in a 
     health benefits plan or receive payment under this chapter.
       ``(3) A covered individual--
       ``(A) may elect to enroll in a health benefits plan as an 
     individual; and
       ``(B) may not enroll in a health benefits plan for self and 
     family.
       ``(4)(A) A covered individual who elects not to enroll, or 
     who elects not to continue enrollment, in a health benefits 
     plan under this chapter (including a covered individual who 
     elects to receive payments under subsection (d)) may 
     subsequently enroll in a health benefits plan under this 
     chapter based on the status of the covered individual as a 
     covered individual in accordance with such procedures, and 
     after paying such fees, as the Director of the Office of 
     Personnel Management may establish.
       ``(B) The fact that a covered individual elects not to 
     enroll, or elects not to continue enrollment, in a health 
     benefits plan under this chapter shall not affect the 
     eligibility of the covered individual for benefits under 
     title II of the Social Security Act (42 U.S.C. 401 et seq.).
       ``(c)(1)(A) A covered individual who elects to enroll in a 
     health benefits plan under this chapter based on the status 
     of the covered individual as a covered individual shall pay a 
     monthly individual premium payment determined in accordance 
     with subparagraph (B).
       ``(B) The individual premium payment under subparagraph (A) 
     shall be determined based on income, as follows:
       ``(i) For an individual with an adjusted gross income (as 
     defined under section 62 of the Internal Revenue Code of 
     1986) of not more than $85,000, the individual premium 
     payment shall be in an amount equal to the employee 
     contribution for the health benefits plan, as determined 
     under section 8906.
       ``(ii) For an individual with an adjusted gross income of 
     more than $85,000 and not more than $107,000, the individual 
     premium payment shall be in an amount equal to the sum of--
       ``(I) the employee contribution for the health benefits 
     plan, as determined under section 8906; and
       ``(II) the product obtained by multiplying--
       ``(aa) the Government contribution (as determined under 
     section 8906(b)); by
       ``(bb) 0.05.
       ``(iii) For an individual with an adjusted gross income of 
     more than $107,000 and not more than $160,000, the individual 
     premium payment shall be in an amount equal to the sum of--
       ``(I) the employee contribution for the health benefits 
     plan, as determined under section 8906; and
       ``(II) the product obtained by multiplying--
       ``(aa) the Government contribution (as determined under 
     section 8906(b)); by
       ``(bb) 0.1.
       ``(iv) For an individual with an adjusted gross income of 
     more than $160,000 and not more than $250,000, the individual 
     premium payment shall be in an amount equal to the sum of--
       ``(I) the employee contribution for the health benefits 
     plan, as determined under section 8906; and
       ``(II) the product obtained by multiplying--
       ``(aa) the Government contribution (as determined under 
     section 8906(b)); by
       ``(bb) 0.15.
       ``(v) For an individual with an adjusted gross income of 
     more than $250,000 and not more than $1,000,000, the 
     individual premium payment shall be in an amount equal to the 
     sum of--
       ``(I) the employee contribution for the health benefits 
     plan, as determined under section 8906; and
       ``(II) the product obtained by multiplying--
       ``(aa) the Government contribution (as determined under 
     section 8906(b)); by
       ``(bb) 0.5.
       ``(vi) For an individual with an adjusted gross income of 
     more than $1,000,000, the individual premium payment shall be 
     in an amount equal to the sum of--
       ``(I) the employee contribution for the health benefits 
     plan, as determined under section 8906; and
       ``(II) the Government contribution (as determined under 
     section 8906(b)).
       ``(C) The Director of the Office of Personnel Management 
     shall adjust the income amounts under subparagraph (B) 
     annually to reflect changes in the Consumer Price Index for 
     all Urban Consumers published by the Department of Labor.
       ``(2)(A) For a covered individual who is entitled to 
     monthly benefits under section 202 or 223 of the Social 
     Security Act (42 U.S.C. 402 and 423), the monthly premiums of 
     the covered individual under this subchapter shall (except as 
     provided in subparagraph (B) or (C)) be collected by 
     deducting the amount of the premium from the amount of such 
     monthly benefits.
       ``(B) For a covered individual who is entitled to receive 
     for a month an annuity under the Railroad Retirement Act of 
     1974 (whether or not the covered individual is also entitled 
     for such month to a monthly insurance benefit under section 
     202 of the Social Security Act (42 U.S.C. 402)), the monthly 
     premiums of the covered individual under this subchapter 
     shall (except as provided in subparagraph (C)) be collected 
     by deducting the amount thereof from such annuity or pension.
       ``(C) If a covered individual to whom subparagraph (A) or 
     (B) applies estimates that the amount which will be available 
     for deduction under such subparagraph for any premium payment 
     period will be less than the amount of the monthly premiums 
     for such period, the covered individual may pay to the 
     Director of the Office of Personnel Management such portion 
     of the monthly premiums for such period as the covered 
     individual desires.
       ``(D) For a covered individual who is not described in 
     subparagraph (A) or (B) and who elects to enroll in a health 
     benefits plan under this chapter, or with respect to whom 
     subparagraph (C) applies, the covered individual shall pay 
     monthly premiums to the Director of the Office of Personnel 
     Management at such times, and in such manner, as the Director 
     shall by regulations prescribe.
       ``(E) Amounts deducted or paid under this paragraph shall 
     be deposited in the Treasury to the credit of the Employees 
     Health Benefits Fund established under section 8909.
       ``(F) After consultation with the Director of the Office of 
     Personnel Management, the Secretary of Health and Human 
     Services shall establish procedures for making and depositing 
     deductions under this paragraph.
       ``(3) The Director of the Office of Personnel Management 
     shall establish procedures for terminating the enrollment of 
     a covered individual in a health benefits plan if the covered 
     individual fails to make timely payment of premiums, which 
     shall allow such a covered individual to reenroll in a health 
     benefits plan under such terms and conditions as the Director 
     may prescribe.
       ``(d) The Director of the Office of Personnel Management 
     shall make periodic payments to the employer or former 
     employer providing health insurance to a covered individual 
     who makes an election under subsection (b)(1)(B) in a total 
     amount not to exceed the lesser of--
       ``(1) the cost to the employer or former employer of 
     providing health insurance to the covered individual; and
       ``(2) the average Government contribution for an individual 
     enrolled in a health benefits plan under this chapter that is 
     available to individuals residing anywhere in the United 
     States.
       ``(e) For fiscal year 2014 and each fiscal year thereafter, 
     there are appropriated to the Employees Health Benefits Fund 
     established under section 8909, out of any funds in the 
     Treasury not otherwise appropriated--
       ``(1) an amount equal to--
       ``(A) the taxes imposed by sections 3101(b) and 3111(b) of 
     the Internal Revenue Code of 1986 with respect to wages 
     reported to the Secretary of the Treasury pursuant to 
     subtitle F of such Code after December 31, 2013, as 
     determined by the Secretary of the Treasury by applying the 
     applicable rates of tax under such sections to such wages, 
     which wages shall be certified by the Commissioner of Social 
     Security on the basis of records of wages established and 
     maintained by the Commissioner of Social Security in 
     accordance with such reports;
       ``(B) the taxes imposed by section 1401(b) of the Internal 
     Revenue Code of 1986 with respect to self-employment income 
     reported to the Secretary of the Treasury on tax returns 
     under subtitle F of such Code, as determined by the Secretary 
     of the Treasury by applying the applicable rate of tax under 
     such section to such self-employment income, which self-
     employment income shall be certified by the Commissioner of 
     Social Security on the basis of records of self-employment 
     established and maintained by the Commissioner of Social 
     Security in accordance with such returns; and
       ``(C) any amounts that, on or after January 1, 2014, are to 
     be deposited in the Federal Hospital Insurance Trust Fund 
     established under section 1817 of the Social Security Act (42 
     U.S.C. 1395i) under any other provision of law; and
       ``(2) a Government contribution equal to the difference 
     obtained by subtracting--
       ``(A) the sum of--
       ``(i) the total amount of premiums paid by covered 
     individuals under subsection (c)(2) for the fiscal year; and
       ``(ii) the amount appropriated under paragraph (1); from
       ``(B) the sum of--
       ``(i) the total cost for the fiscal year of subscription 
     charges for health benefits plans for covered individuals 
     enrolled in a health benefits plan based on the status of the 
     covered individuals as covered individuals; and
       ``(ii) the total amount of payments for the fiscal year 
     under subsection (d).
       ``(f) The Director of the Office of Personnel Management 
     shall establish, in consultation with the Secretary of Health 
     and Human Services acting through the Administrator of the 
     Centers for Medicare & Medicaid Services, procedures to 
     ensure that health benefits plans coordinate with State 
     Medicaid

[[Page S2431]]

     programs with respect to the provision of cost-sharing and 
     other medical assistance for covered individuals enrolled in 
     health benefit plans who are also eligible for medical 
     assistance and enrolled in a State Medicaid program.

                    ``SUBCHAPTER III--HIGH RISK POOL

     ``Sec.  8941. Reimbursement of costs for high risk 
       individuals

       ``(a) In this section, the term `high risk individual' 
     means an individual--
       ``(1) enrolled in a health benefits plan under this chapter 
     for a contract year; and
       ``(2) who, of all individuals enrolled in a health benefits 
     plan under this chapter for the contract year, is in the 
     highest 5 percent in terms of benefits paid by a carrier 
     under a health benefits plan relating to the contract year.
       ``(b) After the end of each contract year beginning on or 
     after January 1, 2014, the Director of the Office of 
     Personnel Management shall--
       ``(1) identify the high risk individuals for the contract 
     year; and
       ``(2) pay to a carrier contracting to provide a health 
     benefits plan to a high risk individual for the contract year 
     90 percent of the benefits paid by the carrier relating to 
     the high risk individual.
       ``(c)(1) For fiscal year 2014 and each fiscal year 
     thereafter, there are appropriated to the Director of the 
     Office of Personnel Management from the Federal Hospital 
     Insurance Trust Fund established under section 1817 of the 
     Social Security Act (42 U.S.C. 1395i) such sums as are 
     necessary to carry out this section.
       ``(2) If the amounts appropriated under paragraph (1) are 
     insufficient to carry out this section, for fiscal year 2014 
     and each fiscal year thereafter, there are appropriated to 
     the Director of the Office of Personnel Management, out of 
     any funds in the Treasury not otherwise appropriated, such 
     sums as are necessary to carry out this section.''.
       (b) Exemption From Insurance Requirements.--
       (1) Amendment to title 5.--Chapter 89 of title 5, United 
     States Code, is amended by inserting after section 8901 the 
     following:

     ``Sec.  8901A. Exemption from insurance requirements

       ``Title I of the Patient Protection and Affordable Care 
     Act, subtitle A of title X of such Act, and the amendments 
     made by such title I and subtitle A shall not apply to health 
     benefits plans.''.
       (2) Conforming amendment.--Section 2709 of the Public 
     Health Service Act (42 U.S.C. 300gg 8) (as added by section 
     10103 of the Patient Protection and Affordable Care Act) is 
     amended--
       (A) by striking subsection (g); and
       (B) by redesignating subsection (h) as subsection (g).
       (c) Technical and Conforming Amendments.--Chapter 89 of 
     title 5, United States Code, is amended--
       (1) in the table of sections--
       (A) by inserting after the item relating to section 8901 
     the following:

``8901A. Exemption from insurance requirements.

                  ``subchapter i--federal employees'';

     and
       (B) by adding at the end the following:

                  ``subchapter ii--covered individuals

``8921. Health insurance for covered individuals.

                    ``subchapter iii--high risk pool

``8941. Reimbursement of costs for high risk individuals.'';
       (2) in section 8902a(d)(1)--
       (A) in subparagraph (A), by adding ``or'' at the end;
       (B) by striking subparagraph (B); and
       (C) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (3) by striking section 8910(d).
       (d) Effective Date; Applicability.--The amendments made by 
     this section shall take effect on the date of enactment of 
     this Act and apply on and after January 1, 2014.
                                 ______
                                 
  SA 2025. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the end of title II, add the following:

     SEC. __. ENDING THE MAILBOX USE MONOPOLY.

       Section 1725 of title 18, United States Code, is amended by 
     striking ``established, approved, or accepted'' and all that 
     follows through ``mail route'' and inserting ``or post office 
     box owned by the Postal Service or located on Postal Service 
     property''.
                                 ______
                                 
  SA 2026. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. PERFORMANCE-BASED PAY FOR POSTMASTER GENERAL; 
                   POSTAL SERVICE BONUS AUTHORITY.

       (a) In General.--Chapter 10 of title 39, United States 
     Code, is amended by adding at the end the following:

     ``Sec.  1012. Performance-based pay for Postmaster General; 
       Postal Service bonus authority

       ``(a) Performance-based Pay for Postmaster General.--
       ``(1) Definition.--In this subsection, the term `base rate' 
     means the annual rate of pay for the Postmaster General in 
     effect on the date of enactment of the 21st Century Postal 
     Service Act of 2012.
       ``(2) Annual rate of pay.--Except as provided under 
     paragraph (3), the annual rate of pay for the Postmaster 
     General shall be the base rate.
       ``(3) Adjustments.--
       ``(A) In general.--The annual rate of pay for the 
     Postmaster General shall be adjusted only in accordance with 
     this paragraph. An adjustment under this paragraph may be 
     made notwithstanding section 1003(a).
       ``(B) Fiscal years with surpluses.--If there was a surplus 
     in the preceding fiscal year as determined under subsection 
     (c)(1) and the individual serving as the Postmaster General 
     served in that position for all of the preceding fiscal year, 
     the annual rate of pay for the Postmaster General for pay 
     periods beginning on or after October 1 in any fiscal year 
     shall be equal to the base rate increased by the percentage 
     of the surplus for the preceding fiscal year as determined 
     under subsection (c)(2).
       ``(4) Fiscal year with deficits.--If there was a deficit in 
     the preceding fiscal year as determined under subsection 
     (c)(1), the annual rate of pay for the Postmaster General for 
     pay periods beginning on or after October 1 in any fiscal 
     year shall be equal to the base rate decreased by the 
     percentage of the deficit for the preceding fiscal year as 
     determined under subsection (c)(2).
       ``(b) Bonus Authority.--
       ``(1) Fiscal years with surpluses.--If there was a surplus 
     in the preceding fiscal year as determined under subsection 
     (c)(1), the Postal Service may provide incentive or 
     performance award payments to employees during a fiscal year, 
     which may not increase the total compensation of an employee 
     relative to the base salary of the employee by a percentage 
     greater than the percentage of the surplus for the preceding 
     fiscal year as determined under subsection (c)(2).
       ``(2) Fiscal years with deficits.--If there was a deficit 
     in the preceding fiscal year as determined under subsection 
     (c)(1), the Postal Service may not provide incentive or 
     performance award payments to employees during a fiscal year.
       ``(c) Determinations by the Office of Management and 
     Budget.--At the end each fiscal year the Director of the 
     Office of Management and Budget shall--
       ``(1) make a determination of whether there is a surplus or 
     a deficit in the annual budget of the Postal Service 
     submitted under section 2009 for that fiscal year;
       ``(2) make a determination of the surplus or deficit 
     described under paragraph (1) expressed as a percentage of 
     the budget for that fiscal year; and
       ``(3) submit notification to the Board of Governors and 
     Congress of the determinations made under paragraphs (1) and 
     (2).''.
       (b) Fixing Pay by Board of Governors.--Sections 202(c) of 
     title 39, United States Code, is amended in the second 
     sentence by striking ``pay and''.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 10 of title 39, United States Code, is 
     amended by adding after the item relating to section 1011 the 
     following:

``1012. Performance-based pay for Postmaster General; Postal Service 
              bonus authority.''.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     the amendments made by this section shall take effect on the 
     date of enactment of this Act.
       (2) Adjustments; bonuses.--
       (A) Adjustments.--Adjustments under section 1012(a) of 
     title 39, United States Code, (as added by subsection (a) of 
     this section) shall apply to pay periods occurring on or 
     after October 1, 2012.
       (B) Bonuses.--The limitation on the provision of incentive 
     or performance award payments under Adjust section 1012(b) of 
     title 39, United States Code, (as added by subsection (a) of 
     this section) shall apply to fiscal year 2013 and each fiscal 
     year thereafter.
                                 ______
                                 
  SA 2027. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. CAPITOL COMPLEX POST OFFICES.

       (a) House of Representatives.--
       (1) In general.--The Postal Service shall not maintain or 
     operate more than 1 post office in the United States Capitol 
     Complex, as defined in section 310(a)(3)(B) of the 
     Legislative Branch Appropriations Act, 1990 (2 U.S.C. 
     130e(a)(3)(B)), which shall be located in a House Office 
     Building.
       (2) Closing of capitol post offices.--The Postal Service 
     shall close any post office in the United States Capitol 
     Complex, as defined in section 310(a)(3)(B) of the 
     Legislative Branch Appropriations Act, 1990 (2 U.S.C. 
     130e(a)(3)(B)), not permitted under this subsection, without 
     regard to the requirements under section 404(d) of title 39, 
     United States Code.
       (b) Senate.--
       (1) In general.--The Sergeant at Arms and Doorkeeper of the 
     Senate may not enter

[[Page S2432]]

     into, modify, or renew a contract with the Postal Service to 
     maintain or operate more than 1 post office in a Senate 
     Office Building.
       (2) Existing contracts.--Nothing in paragraph (1) may be 
     construed to affect a contract entered into by the Sergeant 
     at Arms and Doorkeeper of the Senate and the Postal Service 
     before the date of enactment of this Act.
                                 ______
                                 
  SA 2028. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PILOT PROGRAM TO TEST ALTERNATIVE METHODS FOR THE 
                   DELIVERY OF POSTAL SERVICES.

       (a) Definition.--In this section, the term ``review board'' 
     means a postal performance review board established under 
     subsection (c)(2).
       (b) Pilot Program.--
       (1) In general.--The United States Postal Service may 
     conduct a pilot program to test the feasibility and 
     desirability of alternative methods for the delivery of 
     postal services. Subject to the provisions of this section, 
     the pilot program shall not be limited by any lack of 
     specific authority under title 39, United States Code, to 
     take any action contemplated under the pilot program.
       (2) Waivers.--
       (A) In general.--The Postal Service may waive any provision 
     of law, rule, or regulation inconsistent with any action 
     contemplated under the pilot program.
       (B) Content.--A waiver granted by the Postal Service under 
     subparagraph (A) may include a waiver of requirements 
     relating to--
       (i) days of mail delivery;
       (ii) the use of cluster-boxes;
       (iii) alternative uses of mailboxes; and
       (iv) potential customer charges for daily at-home delivery.
       (C) Regulations and consultation.--The Postal Service shall 
     issue any waiver under subparagraph (A)--
       (i) in accordance with regulations under subsection (h); 
     and
       (ii) with respect to a waiver involving a provision of 
     title 18, United States Code, in consultation with the 
     Attorney General.
       (c) Requirements.--
       (1) In general.--
       (A) Application.--Under the pilot program, alternative 
     methods for the delivery of postal services may be tested 
     only in a community that submits an appropriate application 
     (together with a written plan)--
       (i) in such time, form, and manner as the Postal Service by 
     regulation requires; and
       (ii) that is approved by the Postal Service.
       (B) Contents.--Any application under this paragraph shall 
     include--
       (i) a description of the postal services that would be 
     affected;
       (ii) the alternative providers selected and the postal 
     services each would furnish (or the manner in which those 
     decisions would be made);
       (iii) the anticipated costs and benefits to the Postal 
     Service and users of the mail;
       (iv) the anticipated duration of the participation of the 
     community in the pilot program;
       (v) a specific description of any actions contemplated for 
     which there is a lack of specific authority or for which a 
     waiver under subsection (b)(2) would be necessary; and
       (vi) any other information as the Postal Service may 
     require.
       (2) Review boards.--
       (A) In general.--Under the pilot program, a postmaster 
     within a community may, in accordance with regulations 
     prescribed by the Postal Service, establish a postal 
     performance review board.
       (B) Functions.--A review board shall--
       (i) submit any application under paragraph (1) on behalf of 
     the community that the review board represents; and
       (ii) carry out the plan on the basis of which any 
     application with respect to that community is approved.
       (C) Membership.--A review board shall consist of--
       (i) the postmaster for the community (or, if there is more 
     than 1, the postmaster designated in accordance with 
     regulations under subsection (h));
       (ii) at least 1 individual who shall represent the 
     interests of business concerns; and
       (iii) at least 1 individual who shall represent the 
     interests of users of the class of mail for which the most 
     expeditious handling and transportation is afforded by the 
     Postal Service.
       (iv) Chairperson.--The postmaster for the community (or 
     postmaster so designated) shall serve as chairperson of the 
     review board.
       (3) Alternative providers.--To be eligible to be selected 
     as an alternative provider of postal services, a provider 
     shall be a commercial enterprise, nonprofit organization, 
     labor organization, or other person that--
       (A) possesses the personnel, equipment, and other 
     capabilities necessary to furnish the postal services 
     concerned;
       (B) satisfies any security and other requirements as may be 
     necessary to safeguard the mail, users of the mail, and the 
     general public;
       (C) submits a bid to the appropriate review board in such 
     time, form, and manner (together with such accompanying 
     information) as the review board may require; and
       (D) meets such other requirements as the review board may 
     require, consistent with any applicable regulations under 
     subsection (h).
       (4) Use of postal facilities and equipment.--A postmaster 
     may, at the discretion of the postmaster, allow alternative 
     providers to use facilities and equipment of the Postal 
     Service. Any such use proposed by a person in a bid submitted 
     under paragraph (3)(C) shall, for purposes of the competitive 
     bidding process, be taken into account using the fair market 
     value of such use.
       (5) Applications from communities with potential 
     closures.--When reviewing and granting applications, the 
     Postal Service shall give priority to applications from 
     communities identified for potential post office closures.
       (d) Limitation on Applications.--
       (1) In general.--Except as provided under paragraph (2), no 
     more than 250 applications may be approved for participation 
     in the pilot program under this section at any 1 time.
       (2) Increased limitation.--If more than 250 applications 
     for participation in the pilot program are filed during the 
     90-day period beginning on the date of enactment of this Act, 
     no more than 500 applications may be approved for 
     participation in the pilot program under this section at any 
     1 time.
       (e) Termination of Community Participation.--Subject to 
     such conditions as the Postal Service may by regulation 
     prescribe and the terms of any written agreement or contract 
     entered into in conformance with such regulations, the 
     participation of a community in the pilot program may be 
     terminated by the Postal Service or by the review board for 
     that community if the Postal Service or the review board 
     determines that the continued participation of the community 
     is not in the best interests of the public or the Government 
     of the United States.
       (f) Evaluations.--
       (1) In general.--The Postal Service shall evaluate the 
     operation of the pilot program within each community that 
     participates in the pilot program.
       (2) Contents.--An evaluation under this subsection shall 
     include an examination, as applicable, of--
       (A) the reliability of mail delivery (including the rate of 
     misdeliveries) in the community;
       (B) the timeliness of mail delivery (including the time of 
     day that mail is delivered and the time elapsing from the 
     postmarking to delivery of mail) in the community;
       (C) the volume of mail delivered in the community; and
       (D) any cost savings or additional costs to the Postal 
     Service attributable to the use of alternative providers.
       (3) Analysis of data.--Data included in any evaluation 
     under this subsection shall be analyzed--
       (A) by community characteristics, time of year, and type of 
     postal service;
       (B) by residential, business, and any other type of mail 
     user; and
       (C) on any other basis as the Postal Service may determine.
       (4) Submission of evaluations.--Not later than 90 days 
     after the date on which the pilot program terminates, the 
     Postal Service shall submit each evaluation under this 
     subsection and an overall evaluation of the pilot program to 
     the President and Congress.
       (g) Rule of Construction.--Nothing in this section shall be 
     construed to affect the obligation of the Postal Service to 
     continue providing universal service, in accordance with 
     otherwise applicable provisions of law, in all aspects not 
     otherwise provided for under this section.
       (h) Regulations.--The Postal Service may prescribe any 
     regulations necessary to carry out this section.
       (i) Termination.--
       (1) Termination by the postal service.--The Postmaster 
     General may terminate the pilot program under this section 
     before the date described in paragraph (2)(A), if--
       (A) the Postmaster General determines that continuation of 
     the pilot program is not in the best interests of the public 
     or the Government of the United States; and
       (B) the Postal Regulatory Commission approves the 
     termination.
       (2) Termination after 5 years.--
       (A) In general.--Except as provided under subparagraph (B), 
     the authority to conduct the pilot program under this section 
     shall terminate 5 years after the date of enactment of this 
     Act.
       (B) Extensions.--
       (i) In general.--The Postmaster General may extend the 
     authority to conduct the pilot program under this section, if 
     before the date that the authority to conduct the pilot 
     program would otherwise terminate, the Postmaster General 
     submits a notice of extension to Congress that includes--

       (I) the term of the extension; and
       (II) the reasons that the extension is in the best 
     interests of the public or the Government of the United 
     States.

       (ii) Multiple extensions.--The Postmaster General may 
     provide for more than 1 extension under this subparagraph.
                                 ______
                                 
  SA 2029. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1789, to improve, sustain, and transform the United 
States Postal Service; which was ordered to lie on the table; as 
follows:


[[Page S2433]]


       In section 401(b), strike paragraphs (3) and (4) and insert 
     the following:
       (3) any cost savings that the Postal Service anticipates 
     will be achieved through negotiations with employees of the 
     Postal Service;
       (4) projected changes in mail volume; and
       (5) the impact of--
       (A) regulations the Postmaster General was required by 
     Congress to promulgate; and
       (B) congressional action required to facilitate the 
     profitability of the Postal Service.
                                 ______
                                 
  SA 2030. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 1789, to improve, sustain, and transform 
the United States Postal Service; which was ordered to lie on the 
table; as follows:

       Strike section 302 and insert the following:

     SEC. 302. FEDERAL WORKERS COMPENSATION REFORMS FOR 
                   RETIREMENT-AGE EMPLOYEES.

       (a) Conversion of Entitlement at Retirement Age.--
       (1) Definitions.--Section 8101 is amended--
       (A) in paragraph (18), by striking ``and'' at the end;
       (B) in paragraph (19), by striking ``and'' at the end;
       (C) in paragraph (20), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following:
       ``(21) `retirement age' has the meaning given that term 
     under section 216(l)(1) of the Social Security Act (42 U.S.C. 
     416(l)(1));
       ``(22) `covered claim for total disability' means a claim 
     for a period of total disability that commenced before the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012;
       ``(23) `covered claim for partial disability' means a claim 
     for a period of partial disability that commenced before the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; and
       ``(24) `individual who has an exempt disability condition' 
     means an individual--
       ``(A) who--
       ``(i) is eligible to receive continuous periodic 
     compensation for total disability under section 8105 on the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; and
       ``(ii) meets the criteria under section 8105(c);
       ``(B) who, on the date of enactment of the Workers' 
     Compensation Reform Act of 2012--
       ``(i) is eligible to receive continuous periodic 
     compensation for total disability under section 8105; and
       ``(ii) has sustained a currently irreversible severe mental 
     or physical disability for which the Secretary of Labor has 
     authorized, for at least the 1-year period ending on the date 
     of enactment of the Workers' Compensation Reform Act of 2012, 
     constant in-home care or custodial care, such as placement in 
     a nursing home; or
       ``(C) who is eligible to receive continuous periodic 
     compensation for total disability under section 8105--
       ``(i) for not less than the 3-year period ending on the 
     date of enactment of the Workers' Compensation Reform Act of 
     2012; or
       ``(ii) if the individual became eligible to receive 
     continuous periodic compensation for total disability under 
     section 8105 during the period beginning on the date that is 
     3 years before the date of enactment of the Workers' 
     Compensation Reform Act of 2012 and ending on such date of 
     enactment, for not less than the 3-year period beginning on 
     the date on which the individual became eligible.''.
       (2) Total disability.--Section 8105 is amended--
       (A) in subsection (a), by striking ``If'' and inserting 
     ``In General.--Subject to subsection (b), if'';
       (B) by redesignating subsection (b) as subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Conversion of Entitlement at Retirement Age.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     basic compensation for total disability for an employee who 
     has attained retirement age shall be 50 percent of the 
     monthly pay of the employee.
       ``(2) Exceptions.--
       ``(A) Covered recipients who are retirement age, have an 
     exempt disability condition, or face financial hardship.--
     Paragraph (1) shall not apply to a covered claim for total 
     disability by an employee if the employee--
       ``(i) on the date of enactment of the Workers' Compensation 
     Reform Act of 2012, has attained retirement age;
       ``(ii) is an individual who has an exempt disability 
     condition; or
       ``(iii) is a member of a household that would meet the 
     income and assets requirements for eligibility for the 
     supplemental nutrition assistance program as described in 
     section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014) (not including any provisions permitting eligibility 
     due to benefits received under any other law) if the basic 
     compensation for total disability of the employee were 
     provided in accordance with paragraph (1).
       ``(B) Transition period for certain employees.--For a 
     covered claim for total disability by an employee who is not 
     an employee described in subparagraph (A), the employee shall 
     receive the basic compensation for total disability provided 
     under subsection (a) until the later of--
       ``(i) the date on which the employee attains retirement 
     age; and
       ``(ii) the date that is 3 years after the date of enactment 
     of the Workers' Compensation Reform Act of 2012.''.
       (3) Partial disability.--Section 8106 is amended--
       (A) in subsection (a), by striking ``If'' and inserting 
     ``In General.--Subject to subsection (b), if'';
       (B) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (C) by inserting after subsection (a) the following:
       ``(b) Conversion of Entitlement at Retirement Age.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     basic compensation for partial disability for an employee who 
     has attained retirement age shall be 50 percent of the 
     difference between the monthly pay of the employee and the 
     monthly wage-earning capacity of the employee after the 
     beginning of the partial disability.
       ``(2) Exceptions.--
       ``(A) Covered recipients who are retirement age or face 
     financial hardship.--Paragraph (1) shall not apply to a 
     covered claim for partial disability by an employee if the 
     employee--
       ``(i) on the date of enactment of the Workers' Compensation 
     Reform Act of 2012, has attained retirement age; or
       ``(ii) is a member of a household that would meet the 
     income and assets requirements for eligibility for the 
     supplemental nutrition assistance program as described in 
     section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2014) (not including any provisions permitting eligibility 
     due to benefits received under any other law) if the basic 
     compensation for total disability of the employee were 
     provided in accordance with paragraph (1).
       ``(B) Transition period for certain employees.--For a 
     covered claim for partial disability by an employee who is 
     not an employee described in subparagraph (A), the employee 
     shall receive basic compensation for partial disability in 
     accordance with subsection (a) until the later of--
       ``(i) the date on which the employee attains retirement 
     age; and
       ``(ii) the date that is 3 years after the date of enactment 
     of the Workers' Compensation Reform Act of 2012.''.
       After section 313, insert the following:

     SEC. 314. TERRORISM INJURIES; ZONES OF ARMED CONFLICT.

       (a) Covering Terrorism Injuries.--Section 8102(b) of title 
     5, United States Code, is amended in the matter preceding 
     paragraph (1)--
       (1) by inserting ``or from an attack by a terrorist or 
     terrorist organization, either known or unknown,'' after 
     ``force or individual,''; and
       (2) by striking ``outside'' and all that follows through 
     ``1979)'' and inserting ``outside of the United States''.
       (b) Continuation of Pay in a Zone of Armed Conflict.--
     Section 8118 of title 5, United States Code, as amended by 
     section 308(b) of this Act, is amended--
       (1) in subsection (b), by striking ``Continuation'' and 
     inserting ``Except as provided under subsection (d)(2), 
     continuation'';
       (2) in subsection (c), as redesignated by section 308(b)(4) 
     of this Act, by striking ``subsection (a)'' and inserting 
     ``subsection (a) or (d)'';
       (3) by redesignating subsection (d), as redesignated by 
     section 308(b)(4) of this Act, as subsection (e); and
       (4) inserting after subsection (c) the following:
       ``(d) Continuation of Pay in a Zone of Armed Conflict.--
       ``(1) In general.--Notwithstanding subsection (a), the 
     United States shall authorize the continuation of pay of an 
     employee described in subparagraph (A), (C), (D), or (F) of 
     section 8101(1), who--
       ``(A) files a claim for a period of wage loss due to an 
     injury in performance of duty in a zone of armed conflict (as 
     determined by the Secretary of Labor under paragraph (3)); 
     and
       ``(B) files the claim for such wage loss benefit with the 
     immediate superior of the employee not later than 45 days 
     after the later of--
       ``(i) the termination of the assignment of the employee to 
     the zone of armed conflict; or
       ``(ii) the return of the employee to the United States.
       ``(2) Continuation of pay.--Notwithstanding subsection (b), 
     continuation of pay under this subsection shall be furnished 
     for a period not to exceed 135 days without any break in time 
     or waiting period, unless controverted under regulations 
     prescribed by the Secretary of Labor.
       ``(3) Determination of zones of armed conflict.--For 
     purposes of this subsection, the Secretary of Labor, in 
     consultation with the Secretary of State and the Secretary of 
     Defense, shall determine whether a foreign country or other 
     foreign geographic area outside of the United States (as 
     defined in section 202(a)(7) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 4302(a)(7)) is a zone of 
     armed conflict based on whether--
       ``(A) the Armed Forces of the United States are involved in 
     hostilities in the country or area;
       ``(B) the incidence of civil insurrection, civil war, 
     terrorism, or wartime conditions threatens physical harm or 
     imminent danger to the health or well-being of United States 
     civilian employees in the country or area;

[[Page S2434]]

       ``(C) the country or area has been designated a combat zone 
     by the President under section 112(c) of the Internal Revenue 
     Code of 1986;
       ``(D) a contingency operation involving combat operations 
     directly affects civilian employees in the country or area; 
     or
       ``(E) there exist other relevant conditions and factors.''.
                                 ______
                                 
  SA 2031. Mrs. McCASKILL (for herself, Mr. Merkley, Mr. Baucus, Mr. 
Begich, Mr. Tester, and Mr. Sanders) submitted an amendment intended to 
be proposed by her to the bill S. 1789, to improve, sustain, and 
transform the United States Postal Service; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RURAL POST OFFICES.

       (a) Conditions for Closing Rural Post Offices.--Section 
     404(d) of title 39, United States Code, as amended by section 
     205 of this Act, is amended--
       (1) in paragraph (3)--
       (A) in the first sentence, by inserting ``and, with respect 
     to a rural post office, a summary of the determinations 
     required under paragraph (9)'' after ``paragraph (2) of this 
     subsection''; and
       (B) in the second sentence, by striking ``determination and 
     findings'' and inserting ``determination, findings, and 
     summary''; and
       (2) by adding at the end the following:
       ``(9) The Postal Service may not make a determination under 
     subsection (a)(3) to close a post office located in a rural 
     area, as defined by the Census Bureau, unless the Postal 
     Service determines that--
       ``(A) seniors served by the post office would continue to 
     receive the same or substantially similar access to 
     prescription medication sent through the mail as before the 
     closing;
       ``(B) businesses located in the community served by the 
     post office would not suffer financial loss as a result of 
     the closing;
       ``(C) the economic loss to the community served by the post 
     office as a result of the closing does not exceed the cost to 
     the Postal Service of not closing the post office;
       ``(D) the area served by the post office has adequate 
     access to wired broadband Internet service, as identified on 
     the National Broadband Map of the National Telecommunications 
     and Information Administration;
       ``(E) seniors and persons with disabilities who live near 
     the post office would continue to receive the same or 
     substantially similar access to postal services as before the 
     closing; and
       ``(F) the closing would not result in more than 10 miles 
     distance (as measured on roads with year-round access) 
     between any 2 post offices.''.
       (b) Moratorium.--Notwithstanding section 205(b) of this 
     Act, or any other provision of law, during the 24-month 
     period beginning on the date of enactment of this Act, the 
     Postal Service may not close a post office located in a rural 
     area, as defined by the Census Bureau, except as required for 
     the immediate protection of health and safety.
                                 ______
                                 
  SA 2032. Mr. TESTER (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 1789, to 
improve, sustain, and transform the United States Postal Service; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXECUTIVE COMPENSATION.

       (a) Limitations on Compensation.--Section 1003 of title 39, 
     United States Code, is amended--
       (1) in subsection (a), by striking the last sentence; and
       (2) by adding at the end the following:
       ``(e) Limitations on Compensation.--
       ``(1) Rates of basic pay.--
       ``(A) In general.--Subject to subparagraph (B), an officer 
     or employee of the Postal Service may not be paid at a rate 
     of basic pay that exceeds the rate of basic pay for level II 
     of the Executive Schedule under section 5313 of title 5.
       ``(B) Very senior executives.--Not more than 6 officers or 
     employees of the Postal Service that are in very senior 
     executive positions, as determined by the Board of Governors, 
     may be paid at a rate of basic pay that does not exceed the 
     rate of basic pay for level I of the Executive Schedule under 
     section 5312 of title 5.
       ``(2) Benefits.--For any fiscal year, an officer or 
     employee of the Postal Service who is in a critical senior 
     executive or equivalent position, as designated under section 
     3686(c), may not receive fringe benefits (within the meaning 
     given that term under section 1005(f)) that are greater than 
     the fringe benefits received by supervisory and other 
     managerial personnel who are not subject to collective-
     bargaining agreements under chapter 12.''.
       (b) Limitation on Bonus Authority.--Section 3686 of title 
     39, United States Code, is amended--
       (1) in subsection (a), by striking ``The Postal Service'' 
     and inserting ``Subject to subsection (f), the Postal 
     Service''; and
       (2) by adding at the end the following:
       ``(f) Limitation on Bonus Authority.--
       ``(1) Definition.--In this subsection, the term `covered 
     year' means the fiscal year following a fiscal year relating 
     to which the Office of Management and Budget determines the 
     Postal Service has not implemented the measures needed to 
     achieve long-term solvency, as defined in section 208(e) of 
     the 21st Century Postal Service Act of 2012.
       ``(2) Limitation.--The Postal Service may not provide a 
     bonus or other reward under this section to an officer or 
     employee of the Postal service in a critical senior executive 
     or equivalent position, as designated under subsection (c), 
     during a covered year.''.
       (c) Effective Date; Applicability.--The amendments made by 
     subsections (a) and (b) shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any contract entered or modified by the Postal 
     Service on or after the date of enactment of this Act.
       (d) Sunset.--Effective 2 years after the date of enactment 
     of this Act--
       (1) section 1003 of title 39, United States Code, is 
     amended--
       (A) in subsection (a), by adding at the end the following: 
     ``No officer or employee shall be paid compensation at a rate 
     in excess of the rate for level I of the Executive Schedule 
     under section 5312 of title 5.''; and
       (B) by striking subsection (e); and
       (2) section 3686 of title 39, United States Code, is 
     amended--
       (A) in subsection (a), by striking ``Subject to subsection 
     (f), the Postal Service'' and inserting ``The Postal 
     Service''; and
       (B) by striking subsection (f).

                          ____________________