[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[Senate]
[Pages 5204-5206]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2077. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2037 submitted by Mr. Durbin and intended to be proposed 
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 1, strike line 3 and all that follows through page 
     2, line 8, and insert the following:
       ``(10) Prohibition on closing, consolidation, and reduction 
     in workforce.--
       ``(A) In general.--During the 3-year period beginning on 
     the date of enactment of the 21st Century Postal Service Act 
     of 2012, if the Postal Service conducted an area mail 
     processing study after June 1, 2001 with respect to a postal 
     facility which was terminated or concluded that no 
     significant cost savings or efficiencies would result from 
     closing, consolidating, or reducing the number of employees 
     of the postal facility, the Postal Service may not--
       ``(i) close the postal facility;
       ``(ii) consolidate the postal facility; or
       ``(iii) involuntarily separate an employee of the postal 
     facility from service, except for removal for cause on 
     charges of misconduct or delinquency.
                                 ______
                                 
  SA 2078. Mr. ROCKEFELLER (for himself and Mr. Cardin) submitted an 
amendment intended to be proposed to amendment SA 2073 submitted by Mr. 
Rockefeller and intended to be proposed 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 1, strike line 8 and insert the following:
     to enroll in Medicare.
       (g) Claims Pool.--Notwithstanding section 8903c(b)(5)(A) of 
     title 5, United States Code, as added by subsection (a), the 
     Office may not establish a separate claims pool for 
     individuals eligible for coverage under any of the enrollment 
     options under section 8903c(b)(4) of title 5, United States 
     Code, as added by subsection (a).
                                 ______
                                 
  SA 2079. Mr. MANCHIN (for himself, Mr. Rockefeller, Mr. Merkley, and 
Ms. Mikulski) 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. __. MORATORIUM ON CLOSING AND CONSOLIDATING POSTAL 
                   FACILITIES OR POST OFFICES, STATIONS, OR 
                   BRANCHES.

       (a) Definition.--In this section, the term ``postal 
     facility'' has the same meaning as in section 404(f) of title 
     39, United States Code, as added by this Act.
       (b) Moratorium.--Notwithstanding section 404 of title 39, 
     United States Code, as amended by this Act, or any other 
     provision of law, the Postal Service may not close or 
     consolidate a postal facility or post office, station, or 
     branch, except as required for the immediate protection of 
     health and safety, before the later of--
       (1) the date on which the Postal Service establishes the 
     retail service standards under section 203 of this Act; and
       (2) the date that is 2 years after the date of enactment of 
     this Act.
       (c) Conforming Provision.--Section 205(b) of this Act shall 
     have no force or effect.
                                 ______
                                 
  SA 2080. Ms. SNOWE 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:

       On page 28, strike line 13 and all that follows through 
     page 30, line 8, and insert the following:
       ``(2) Area mail processing study.--

[[Page 5205]]

       ``(A) New area mail processing studies.--After the date of 
     enactment of this subsection, before making a determination 
     under subsection (a)(3) as to the necessity for the closing 
     or consolidation of any postal facility, the Postal Service 
     shall--
       ``(i) conduct an area mail processing study relating to 
     that postal facility that includes a plan to reduce the 
     capacity of the postal facility, but not close the postal 
     facility;
       ``(ii) publish the study on the Postal Service website; and
       ``(iii) publish a notice that the study is complete and 
     available to the public, including on the Postal Service 
     website.
       ``(B) Completed or ongoing area mail processing studies.--
       ``(i) In general.--In the case of a postal facility 
     described in clause (ii), the Postal Service shall--

       ``(I) consider a plan to reduce the capacity of the postal 
     facility without closing 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.

       ``(ii) Postal facilities.--A postal facility described in 
     this clause is a postal facility for which, on or before the 
     date of enactment of this subsection--

       ``(I) an area mail processing study--

       ``(aa) that does not include a plan to reduce the capacity 
     of the postal facility without closing the postal facility 
     has been completed; or
       ``(bb) is in progress; and

       ``(II) a determination as to the necessity for the closing 
     or consolidation of the postal facility has not been made.

       ``(C) PRC review.--
       ``(i) In general.--For each area mail processing study 
     conducted under subparagraph (A) or relating to a postal 
     facility described in subparagraph (B)(ii), the Postal 
     Regulatory Commission shall determine whether--

       ``(I) the area mail processing study used an appropriate 
     methodology; and
       ``(II) the cost savings identified in the area mail 
     processing study relating to that postal facility are 
     accurate.

       ``(ii) Report.--The Postal Regulatory Commission shall 
     submit to the Postal Service a report regarding each 
     determination made under clause (i).
       ``(D) Limitation on closing or consolidation.--
       ``(i) In general.--The Postal Service may not make a 
     determination under subsection (a)(3) to close or consolidate 
     a postal facility if the Postal Regulatory Commission 
     determines under subparagraph (C) that--

       ``(I) the area mail processing study relating to that 
     postal facility did not use an appropriate methodology; or
       ``(II) the cost savings identified in the area mail 
     processing study relating to that postal facility are 
     inaccurate.

       ``(ii) Subsequent area mail processing studies.--If the 
     Postal Regulatory Commission makes a determination described 
     in clause (i) regarding to an area mail processing study 
     relating to a postal facility, the Postal Service may conduct 
     a subsequent area mail processing study relating to that 
     postal facility in accordance with this paragraph.
                                 ______
                                 
  SA 2081. Mr. CORKER 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 39, strike line 20 and all that follows through 
     page 45, line 17, and insert the following:

     SEC. 205. OTHER PROVISIONS.

       (a) Frequency of Mail Delivery.--Section 101 of title 39, 
     United States Code, is amended by adding at the end the 
     following:
       ``(h) Subject to the requirements of section 3661, nothing 
     in this title or any other provision of law shall be 
     construed to prevent the Postal Service from taking any 
     action necessary to provide for a 5-day-per-week delivery 
     schedule for mail and a commensurate adjustment in the 
     schedule for rural delivery of mail.''.
       (b) Overall Value of Fringe Benefits.--Section 1005(f) of 
     title 39, United States Code, is amended by striking the last 
     sentence.
       (c) Modern Rate Regulation.--Section 3622(d) of title 39, 
     United States Code, is repealed.
       (d) Delivery Service Standards, Mail Processing, and 
     Community Post Offices.--Sections 201 and 202 of this Act, 
     and the amendments made by those sections, shall have no 
     force or effect.
       (e) 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)(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.''.
       (f) Historic Post Offices.--Section 404(d) of title 39, 
     United States Code, is amended by adding at the end the 
     following:
       ``(7)(A) In this paragraph, the term `historic post office 
     building' means a post office building that is a certified 
     historic structure, as that term is defined in section 
     47(c)(3) of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 2082. Mr. DURBIN 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 35, line 16, strike the quotation marks and the 
     second period and insert the following:
       ``(10) Prohibition on closing, consolidation, and reduction 
     in workforce.--
       ``(A) In general.--During the 3-year period beginning on 
     the date of enactment of the 21st Century Postal Service Act 
     of 2012, if the Postal Service conducted an area mail 
     processing study after June 1, 2001 with respect to a postal 
     facility which was terminated or concluded that no 
     significant cost savings or efficiencies would result from 
     closing, consolidating, or reducing the number of employees 
     of the postal facility, the Postal Service may not--
       ``(i) close the postal facility;
       ``(ii) consolidate the postal facility; or
       ``(iii) involuntarily separate an employee of the postal 
     facility from service, except for removal for cause on 
     charges of misconduct or delinquency.
       ``(B) Application.--Subparagraph (A) shall apply with 
     respect to a postal facility that was not closed or 
     consolidated before May 15, 2012, without regard to the 
     conclusions of any area mail processing study conducted with 
     respect to the postal facility after the publication of an 
     area mail processing study described in subparagraph (A).''.
                                 ______
                                 
  SA 2083. Mr. CORKER 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 39, strike line 20 and all that follows through 
     page 45, line 17, and insert the following:

     SEC. 205. OTHER PROVISIONS.

       (a) Frequency of Mail Delivery.--Section 101 of title 39, 
     United States Code, is amended by adding at the end the 
     following:
       ``(h) Subject to the requirements of section 3661, nothing 
     in this title or any other provision of law shall be 
     construed to prevent the Postal Service from taking any 
     action necessary to provide for a 5-day-per-week delivery 
     schedule for mail and a commensurate adjustment in the 
     schedule for rural delivery of mail.''.
       (b) Overall Value of Fringe Benefits.--Section 1005(f) of 
     title 39, United States Code, is amended by striking the last 
     sentence.
       (c) Modern Rate Regulation.--Section 3622(d) of title 39, 
     United States Code, is repealed.
       (d) Delivery Service Standards, Mail Processing, and 
     Community Post Offices.--Sections 201 and 202 of this Act, 
     and the amendments made by those sections, shall have no 
     force or effect.
       (e) 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.''.
       (f) Historic Post Offices.--Section 404(d) of title 39, 
     United States Code, is amended by adding at the end the 
     following:
       ``(7)(A) In this paragraph, the term ``historic post office 
     building'' means a post office building that is a certified 
     historic structure, as that term is defined in section 
     47(c)(3) of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 2084. Mr. REID (for Mr. Coons) proposed an amendment to the bill

[[Page 5206]]

H.R. 1021, to prevent the termination of the temporary office of 
bankruptcy judges in certain judicial districts; as follows:

       Strike section 3 and insert the following:

     SEC. 3. BANKRUPTCY FILING FEE INCREASE.

       (a) Bankruptcy Filing Fees.--Section 1930(a)(3) of title 
     28, United States Code, is amended by striking ``$1,000'' and 
     inserting ``$1,167''.
       (b) United States Trustee System Fund.--Section 589a(b)(2) 
     of title 28, United States Code, is amended by striking 
     ``55'' and inserting ``48.89''.
       (c) Collection and Deposit of Miscellaneous Bankruptcy 
     Fees.--Section 406(b) of the Judiciary Appropriations Act, 
     1990 (28 U.S.C. 1931 note) is amended by striking ``25'' and 
     inserting ``33.33''.
       (d) Paygo Offset Expenditure Limitation.--$42 of the 
     incremental amounts collected by reason of the enactment of 
     subsection (a) shall be deposited in a special fund in the 
     Treasury to be established after the date of enactment of 
     this Act. Such amounts shall be available for the purposes 
     specified in section 1931(a) of title 28, United States Code, 
     but only to the extent specifically appropriated by an Act of 
     Congress enacted after the date of enactment of this Act.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.

     SEC. 4. SUBSEQUENT REAUTHORIZATION.

       Prior to further reauthorization of any judgeship 
     authorized by this Act, the Committee on the Judiciary of the 
     Senate and House of Representatives shall conduct a review of 
     the bankruptcy judgeships authorized by this Act to determine 
     the need, if any, for continued reauthorization of each 
     judgeship, to evaluate any changes in all bankruptcy case 
     filings and their effect, if any, on filing fee revenue, and 
     to require the Administrative Office of the Courts to submit 
     a report to the Committee on the Judiciary of the Senate and 
     House of Representatives on bankruptcy case workload, 
     bankruptcy judgeship costs, and filing fee revenue.

                          ____________________