II 

114TH CONGRESS 

1ST SESSION S. 2051 

To improve, sustain, and transform the United States Postal Service. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2015 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve, sustain, and transform the United States Postal 

Service. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Postal Op5 erations, Service, and Transparency Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Universal service obligation and guiding principles. 

TITLE I—POSTAL SERVICE WORKFORCE 

Sec. 101. Postal specific assumptions. 

Sec. 102. Postal Service Health Benefits Program. 


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Sec. 103. Restructuring of payments for retiree health benefits. 

Sec. 104. Annual Federal Employees Retirement System and Civil Service Retirement System assessments. 

Sec. 105. Right of appeal to Merit Systems Protection Board. 

Sec. 106. Labor disputes. 

Sec. 107. Supervisory and other managerial organizations. 

Sec. 108. Addressing the morale of Postal Service employees. 

TITLE II—POSTAL OPERATIONS 

Sec. 201. Long-term solvency plan; annual financial plan and budget. 

Sec. 202. Plant closings and consolidations. 

Sec. 203. Post office closings, consolidations, and restructuring. 

Sec. 204. Area and district office structure. 

Sec. 205. Service standards and performance ratings. 

Sec. 206. Conversion of door delivery points. 

Sec. 207. Fleet maintenance reporting and alternative fuel and emerging technologies demonstration program. 

Sec. 208. Multi-broker lease of Postal Service facilities. 

Sec. 209. Capitol Complex post offices. 

TITLE III—POSTAL SERVICE REVENUE AND INNOVATION 

Sec. 301. Rates. 

Sec. 302. Postal costing system. 

Sec. 303. Nonpostal services. 

Sec. 304. Shipping of wine, beer, and distilled spirits. 

Sec. 305. Chief Innovation Officer; innovation strategy. 

Sec. 306. Strategic Advisory Commission on Postal Service Solvency, Service, 

and Innovation. 

TITLE IV—POSTAL SERVICE CUSTOMER SERVICE, 

TRANSPARENCY, AND REGULATION 

Sec. 401. Customer service study and report. 

Sec. 402. Postal Service results and terms. 

Sec. 403. Annual report on United States mailing industry. 

Sec. 404. Postal Regulatory Commission. 

Sec. 405. Inspector General of the United States Postal Service and the Postal 

Regulatory Commission. 

Sec. 406. GAO report on fragmentation, overlap, and duplication in Federal 

programs and activities. 

Sec. 407. Postal services for market-dominant products. 

Sec. 408. Postal Inspection Service Mail Covers program. 

Sec. 409. Contract disputes. 

Sec. 410. Contracting provisions. 

TITLE V—FEDERAL EMPLOYEES’ COMPENSATION ACT 

Sec. 501. Short title; references. 

Sec. 502. Federal workers compensation reforms for retirement-age employees. 

Sec. 503. Augmented compensation for dependents. 

Sec. 504. Schedule compensation payments. 

Sec. 505. Vocational rehabilitation. 

Sec. 506. Reporting requirements. 

Sec. 507. Disability management review; independent medical examinations. 

Sec. 508. Waiting period. 


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Sec. 509. Election of benefits. 

Sec. 510. Sanction for noncooperation with field nurses. 

Sec. 511. Subrogation of continuation of pay. 

Sec. 512. Integrity and compliance. 

Sec. 513. Amount of compensation. 

Sec. 514. Terrorism injuries; zones of armed conflict. 

Sec. 515. Technical and conforming amendments. 

Sec. 516. Regulations. 

Sec. 517. Effective date. 

1 SEC. 3. DEFINITIONS. 

2 In this Act, the following definitions shall apply: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Postal Regulatory Commission. 

5 (2) POSTAL SERVICE.—The term ‘‘Postal Serv6 ice’’ means the United States Postal Service. 

7 SEC. 4. UNIVERSAL SERVICE OBLIGATION AND GUIDING 

8 PRINCIPLES. 

9 Not later than 1 year after the date of enactment 

10 of this Act, the Commission shall submit to Congress a 

11 report on the universal service obligation of the Postal 

12 Service that— 

13 (1) takes into account— 

14 (A) the report of the Commission entitled 

15 ‘‘Universal Postal Service and the Postal Mo16 nopoly’’, submitted to the President and Con17 gress on December 19, 2008, in accordance 

18 with section 702 of the Postal Accountability 

19 and Enhancement Act (39 U.S.C. 501 note); 

20 and 


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1 (B) the changing nature of communica2 tions, including the dramatic changes in e-com3 merce and the global marketplace; and 

4 (2) includes recommendations on better defin5 ing the universal service obligation of the Postal 

6 Service to help keep the Postal Service relevant in 

7 the digital age. 

8 TITLE I—POSTAL SERVICE 

9 WORKFORCE 

10 SEC. 101. POSTAL SPECIFIC ASSUMPTIONS. 

11 (a) DEFINITION.—In this section, the term ‘‘agency’’ 

12 has the meaning given the term ‘‘Executive agency’’ under 

13 section 105 of title 5, United States Code. 

14 (b) USE OF POSTAL SPECIFIC ASSUMPTIONS.—The 

15 head of each agency shall ensure that the agency uses cri16 teria specific to employees of the Postal Service (including 

17 demographic factors and appropriate economic assump18 tions regarding wage and salary trends specific to the em19 ployees) in calculating any liability of the Postal Service, 

20 including retiree health benefits, retirement annuity, and 

21 workers’ compensation liabilities. 

22 (c) TRANSPARENCY.—In any report submitted to 

23 Congress, the Postal Service, or an agency relating to the 

24 valuation of assets and liabilities of funds or accounts 

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1 ment annuities to employees the Postal Service, the Office 

2 of Personnel Management, the Department of Labor, and 

3 any other relevant agency shall— 

4 (1) identify the persons responsible for pre5 paring the report; 

6 (2) certify that such persons meet the profes7 sional qualifications established by the governing 

8 body of the relevant profession or industry; and 

9 (3) adhere to the professional standards of 

10 practice established by the governing body of the ac11 tuarial industry. 

12 SEC. 102. POSTAL SERVICE HEALTH BENEFITS PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—Chapter 89 of title 5, United 

15 States Code, is amended by inserting after section 

16 8903b the following: 

17 ‘‘§ 8903c. Postal Service Health Benefits Program 

18 ‘‘(a) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘initial contract year’ means the 

20 contract year beginning in January of the first full 

21 year that begins not less than 7 months after the 

22 date of enactment of this section; 

23 ‘‘(2) the term ‘initial participating carrier’ 

24 means a carrier that enters into a contract with the 


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1 Office to participate in the Postal Service Health 

2 Benefits Program during the initial contract year; 

3 ‘‘(3) the term ‘Medicare eligible individual’ 

4 means an individual who— 

5 ‘‘(A) is entitled to Medicare part A, but ex6 cluding an individual who is eligible to enroll 

7 under such part under section 1818 of the So8 cial Security Act (42 U.S.C. 1395i–2); and 

9 ‘‘(B) is eligible to enroll in Medicare part 

10 B; 

11 ‘‘(4) the term ‘Medicare part A’ means the 

12 Medicare program for hospital insurance benefits 

13 under part A of title XVIII of the Social Security 

14 Act (42 U.S.C. 1395c et seq.); 

15 ‘‘(5) the term ‘Medicare part B’ means the 

16 Medicare program for supplementary medical insur17 ance benefits under part B of title XVIII of the So18 cial Security Act (42 U.S.C. 1395j et seq.); 

19 ‘‘(6) the term ‘Medicare part D’ means the 

20 Medicare insurance program established under part 

21 D of title XVIII of the Social Security Act (42 

22 U.S.C. 1395w–101 et seq.); 

23 ‘‘(7) the term ‘Office’ means the Office of Per24 sonnel Management; 


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1 ‘‘(8) the term ‘Postal Service’ means the United 

2 States Postal Service; 

3 ‘‘(9) the term ‘Postal Service annuitant’ means 

4 an annuitant enrolled in a health benefits plan under 

5 this chapter whose Government contribution is paid 

6 by the Postal Service or the Postal Service Retiree 

7 Health Benefits Fund under section 8906(g)(2); 

8 ‘‘(10) the term ‘Postal Service employee’ means 

9 an employee of the Postal Service enrolled in a 

10 health benefits plan under this chapter; 

11 ‘‘(11) the term ‘Postal Service Health Benefits 

12 Program’ means the program of health benefits 

13 plans established under subsection (c) within the 

14 Federal Employees Health Benefits Program under 

15 this chapter; 

16 ‘‘(12) the term ‘Postal Service Medicare eligible 

17 annuitant’ means an individual who— 

18 ‘‘(A) is a Postal Service annuitant; and 

19 ‘‘(B) is a Medicare eligible individual; 

20 ‘‘(13) the term ‘PSHBP plan’ means a health 

21 benefits plan offered under the Postal Service 

22 Health Benefits Program; and 

23 ‘‘(14) the term ‘qualified carrier’ means a car24 rier for which the total enrollment in the plans pro25 vided under this chapter includes, in the contract 


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1 year beginning in January of the year before the ini2 tial contract year, a combined total of 5,000 or more 

3 enrollees who are— 

4 ‘‘(A) Postal Service employees; or 

5 ‘‘(B) Postal Service annuitants. 

6 ‘‘(b) APPLICATION OF SECTION.—The requirements 

7 under this section shall— 

8 ‘‘(1) apply to the initial contract year, and each 

9 contract year thereafter; and 

10 ‘‘(2) supersede other provisions of this chapter 

11 to the extent of any specific inconsistency, as deter12 mined by the Office. 

13 ‘‘(c) ESTABLISHMENT OF THE POSTAL SERVICE

14 HEALTH BENEFITS PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Office shall establish 

16 the Postal Service Health Benefits Program, which 

17 shall— 

18 ‘‘(A) consist of health benefit plans offered 

19 under this chapter; 

20 ‘‘(B) include plans offered by— 

21 ‘‘(i) each qualified carrier; and 

22 ‘‘(ii) any other carrier determined ap23 propriate by the Office; 


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1 ‘‘(C) be available for participation by all 

2 Postal Service employees, in accordance with 

3 subsection (d); 

4 ‘‘(D) be available for participation by all 

5 Postal Service annuitants, in accordance with 

6 subsection (d); 

7 ‘‘(E) not be available for participation by 

8 an individual who is not a Postal Service em9 ployee or Postal Service annuitant (except as a 

10 family member of such an employee or annu11 itant); and 

12 ‘‘(F) be implemented and administered by 

13 the Office. 

14 ‘‘(2) SEPARATE POSTAL SERVICE RISK POOL.— 

15 The Office shall ensure that each PSHBP plan in16 cludes rates, one for enrollment as an individual, one 

17 for enrollment for self plus one, and one for enroll18 ment for self and family within each option in the 

19 PSHBP plan, that reasonably and equitably reflect 

20 the cost of benefits provided to a risk pool consisting 

21 solely of Postal Service employees and Postal Service 

22 annuitants (and family members of such employees 

23 and annuitants), taking into specific account the re24 duction in benefits cost for the PSHBP plan due to 

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1 section (e) and any savings or subsidies resulting 

2 from subsection (f). 

3 ‘‘(3) ACTUARIALLY EQUIVALENT COVERAGE.— 

4 The Office shall ensure that each carrier partici5 pating in the Postal Service Health Benefits Pro6 gram provides coverage under the PSHBP plans of7 fered by the carrier that is actuarially equivalent, as 

8 determined by the Director of the Office, to the cov9 erage that the carrier provides under the health ben10 efits plans offered by the carrier under the Federal 

11 Employee Health Benefits Program that are not 

12 PSHBP plans. 

13 ‘‘(4) APPLICABILITY OF FEDERAL EMPLOYEE

14 HEALTH BENEFITS PROGRAM REQUIREMENTS.—Ex15 cept as otherwise set forth in this section, all provi16 sions of this chapter applicable to health benefit 

17 plans offered by a carrier under section 8903 or 

18 8903a shall apply to PSHBP plans. 

19 ‘‘(d) ELECTION OF COVERAGE.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), each Postal Service employee 

22 and Postal Service annuitant who elects to receive 

23 health benefits coverage under this chapter— 

24 ‘‘(A) shall be subject to the requirements 

25 under this section; and 


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1 ‘‘(B) may only enroll in a PSHBP plan. 

2 ‘‘(2) ANNUITANTS.—A Postal Service annuitant 

3 shall not be subject to this section if the Postal 

4 Service annuitant— 

5 ‘‘(A) is enrolled in a health benefits plan 

6 under this chapter for the contract year before 

7 the initial contract year that is not a health 

8 benefits plan offered by an initial participating 

9 carrier, unless the Postal Service annuitant vol10 untarily enrolls in a PSHBP plan; or 

11 ‘‘(B) resides in a geographic area for 

12 which there is not a PSHBP plan in which the 

13 Postal Service annuitant may enroll. 

14 ‘‘(3) EMPLOYEES.—A Postal Service employee 

15 who is enrolled in a health benefits plan under this 

16 chapter for the contract year before the initial con17 tract year that is not a health benefits plan offered 

18 by an initial participating carrier shall not be subject 

19 to the requirements under this section, except that— 

20 ‘‘(A) if the Postal Service employee 

21 changes enrollment to a different health bene22 fits plan under this chapter after the start of 

23 the initial contract year, the Postal Service em24 ployee may only enroll in a PSHBP plan; and 


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1 ‘‘(B) upon becoming a Postal Service an2 nuitant, if the Postal Service employee elects to 

3 continue coverage under this chapter, the Post4 al Service employee shall enroll in a PSHBP 

5 plan during the first open season available after 

6 the Postal Service employee becomes a Postal 

7 Service annuitant. 

8 ‘‘(e) REQUIREMENT OF MEDICARE ENROLLMENT.— 

9 ‘‘(1) POSTAL SERVICE MEDICARE ELIGIBLE AN10 NUITANTS.—A Postal Service Medicare eligible an11 nuitant subject to this section may not continue cov12 erage under the Postal Service Health Benefits Pro13 gram unless the Postal Service Medicare eligible an14 nuitant enrolls in Medicare part A, Medicare part B, 

15 and Medicare part D (as part of a prescription drug 

16 plan described in subsection (f)). 

17 ‘‘(2) MEDICARE ELIGIBLE FAMILY MEMBERS.— 

18 If a family member of a Postal Service annuitant 

19 who is subject to this section is a Medicare eligible 

20 individual, the family member may not be covered 

21 under the Postal Service Health Benefits Program 

22 as a family member of the Postal Service annuitant 

23 unless the family member enrolls in Medicare part 

24 A, Medicare part B, and Medicare part D (as part 


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1 of a prescription drug plan described in subsection 

2 (f)). 

3 ‘‘(f) MEDICARE PART D PRESCRIPTION DRUG BENE4 FITS.—The Office shall require each PSHBP plan to pro5 vide prescription drug benefits for Postal Service annu6 itants and family members who are eligible for Medicare 

7 part D through a prescription drug plan offered under a 

8 waiver under section 1860D–22 of the Social Security Act 

9 (42 U.S.C. 1395w–132). 

10 ‘‘(g) POSTAL SERVICE CONTRIBUTION.— 

11 ‘‘(1) IN GENERAL.—Subject to subsection (i), 

12 for purposes of applying section 8906(b) to the 

13 Postal Service, the weighted average shall be cal14 culated in accordance with paragraph (2). 

15 ‘‘(2) WEIGHTED AVERAGE CALCULATION.—Not 

16 later than October 1 of each year, the Office shall 

17 determine the weighted average of the rates estab18 lished pursuant to subsection (c)(2) for PSHBP 

19 plans that will be in effect during the following con20 tract year with respect to— 

21 ‘‘(A) enrollments for self only; 

22 ‘‘(B) enrollments for self plus one; and 

23 ‘‘(C) enrollments for self and family. 

24 ‘‘(h) RESERVES.— 

25 ‘‘(1) SEPARATE RESERVES.— 


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1 ‘‘(A) IN GENERAL.—The Office shall en2 sure that each PSHBP plan maintains separate 

3 reserves (including a separate contingency re4 serve) with respect to the enrollees in the 

5 PSHBP plan in accordance with section 8909. 

6 ‘‘(B) REFERENCES.—For purposes of the 

7 Postal Service Health Benefits Program, each 

8 reference to ‘the Government’ in section 8909 

9 shall be deemed to be a reference to the Postal 

10 Service. 

11 ‘‘(C) AMOUNTS TO BE CREDITED.—The re12 serves (including the separate contingency re13 serve) maintained by each PSHBP plan shall 

14 be credited with a proportionate amount of the 

15 funds in the existing reserves for health benefits 

16 plans offered by an initial participating carrier. 

17 ‘‘(2) DISCONTINUATION OF PSHBP PLAN.—In 

18 applying section 8909(e) relating to a PSHBP plan 

19 that is discontinued, the Office shall credit the sepa20 rate Postal Service contingency reserve maintained 

21 under paragraph (1) for that plan only to the sepa22 rate Postal Service contingency reserves of the 

23 PSHBP plans continuing under this chapter. 

24 ‘‘(i) NO EFFECT ON EXISTING LAW.—Nothing in 

25 this section shall be construed as affecting section 1005(f) 


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1 of title 39 regarding variations, additions, or substitutions 

2 to the provisions of this chapter.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.— 

5 (A) Section 8903(1) of title 5, United 

6 States Code, is amended by striking ‘‘two levels 

7 of benefits’’ and inserting ‘‘2 levels of benefits 

8 for enrollees under this chapter generally and 2 

9 levels of benefits for enrollees under the Postal 

10 Service Health Benefits Program established 

11 under section 8903c’’. 

12 (B) The table of sections for chapter 89 of 

13 title 5, United States Code, is amended by in14 serting after the item relating to section 8903b 

15 the following: 

‘‘8903c. Postal Service Health Benefits Program.’’. 

16 (b) SPECIAL ENROLLMENT PERIOD FOR POSTAL

17 SERVICE MEDICARE ELIGIBLE ANNUITANTS AND MEDI18 CARE ELIGIBLE FAMILY MEMBERS OF POSTAL SERVICE

19 ANNUITANTS.— 

20 (1) SPECIAL ENROLLMENT PERIOD.—Section 

21 1837 of the Social Security Act (42 U.S.C. 1395p) 

22 is amended by adding at the end the following new 

23 subsection: 

24 ‘‘(m)(1)(A) In the case of any individual who is sub25 ject to the enrollment requirement of section 8903c(e) of 


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1 title 5, United States Code, who has elected not to enroll 

2 (or to be deemed enrolled) during the individual’s initial 

3 enrollment period, there shall be a special enrollment pe4 riod described in subparagraph (B). 

5 ‘‘(B) The special enrollment period described in this 

6 subparagraph is the 6-month period, beginning on August 

7 1 of the year before the initial contract year and ending 

8 on January 31 of the initial contract year. 

9 ‘‘(2)(A) In the case of any individual who— 

10 ‘‘(i) was initially not subject to the enrollment 

11 requirement of section 8903c(e) of title 5, United 

12 States Code; 

13 ‘‘(ii) is eligible to enroll in a plan under chapter 

14 89 of title 5, United States Code, because of an in15 voluntary loss of health care coverage; 

16 ‘‘(iii) upon the involuntary loss of health care 

17 coverage, becomes subject to the enrollment require18 ment of section 8903c(e) of title 5, United States 

19 Code, because of enrollment in a PSHBP plan; and 

20 ‘‘(iv) has elected not to enroll (or to be deemed 

21 enrolled) during the individual’s initial enrollment 

22 period, 

23 there shall be a special enrollment period described in sub24 paragraph (B). 


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1 ‘‘(B) The special enrollment period described in this 

2 subparagraph is the period of time equivalent to the period 

3 of time in which the individual has the ability to enroll 

4 in a PSHBP plan due to the involuntary loss of health 

5 care coverage, pursuant to chapter 89 of title 5, United 

6 States Code, and its implementing regulations. 

7 ‘‘(C) For purposes of this subsection, the term 

8 ‘PSHBP plan’ has the meaning under section 8903c(a) 

9 of title 5, United States Code. 

10 ‘‘(3) In the case of an individual who enrolls during 

11 the special enrollment period provided under paragraphs 

12 (1) and (2), the coverage period under this part shall begin 

13 on the first day of the month in which the individual en14 rolls.’’. 

15 (2) WAIVER OF INCREASE OF PREMIUM.—Sec16 tion 1839(b) of the Social Security Act (42 U.S.C. 

17 1395r(b)) is amended by striking ‘‘(i)(4) or (l)’’ and 

18 inserting ‘‘(i)(4), (l), or (m)’’. 

19 SEC. 103. RESTRUCTURING OF PAYMENTS FOR RETIREE 

20 HEALTH BENEFITS. 

21 (a) CONTRIBUTIONS.—Section 8906(g)(2) of title 5, 

22 United States Code, is amended— 

23 (1) by inserting ‘‘(i)’’ after ‘‘(2)(A)’’; 

24 (2) in subparagraph (A)— 


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1 (A) in clause (i), as so designated, by 

2 striking ‘‘shall through September 30, 2016, be 

3 paid’’ and all that follows and inserting ‘‘shall 

4 be paid as provided in clause (ii).’’; and 

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

6 ‘‘(ii) With respect to the Government contributions 

7 required to be paid under clause (i)— 

8 ‘‘(I) the portion of the contributions that is 

9 equal to the amount of the net claims costs under 

10 the enrollment of the individuals described in clause 

11 (i) shall be paid from the Postal Service Retiree 

12 Health Benefits Fund up to the amount contained 

13 in the Fund; and 

14 ‘‘(II) any remaining amount shall be paid by 

15 the United States Postal Service.’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(C) For purposes of this paragraph, the amount of 

18 the net claims costs under the enrollment of an individual 

19 described in subparagraph (A)(i) shall be the amount, as 

20 determined by the Office over any particular period of 

21 time, that is the difference between— 

22 ‘‘(i) the sum of— 

23 ‘‘(I) the costs incurred by a carrier in pro24 viding health services to, paying for health serv25 ices provided to, or reimbursing expenses for 


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1 health services provided to, the individual and 

2 any other person covered under the enrollment 

3 of the individual; and 

4 ‘‘(II) an amount of indirect expenses rea5 sonably allocable to the provision, payment, or 

6 reimbursement described in subclause (I), as 

7 determined by the Office; and 

8 ‘‘(ii) the amount withheld from the annuity of 

9 the individual or otherwise paid by the individual 

10 under this section.’’. 

11 (b) POSTAL SERVICE RETIREE HEALTH BENEFITS

12 FUND.—Section 8909a of title 5, United States Code, is 

13 amended— 

14 (1) in subsection (d)— 

15 (A) in paragraph (1), by striking ‘‘required 

16 under section 8906(g)(2)(A)’’ and inserting 

17 ‘‘required to be paid from the Postal Service 

18 Retiree Health Benefits Fund under section 

19 8906(g)(2)(A)(ii)(I)’’; 

20 (B) by striking paragraph (2) and insert21 ing the following: 

22 ‘‘(2)(A) Not later than June 30, 2017, the Office 

23 shall compute, and by June 30 of each succeeding year, 

24 the Office shall recompute, a schedule including a series 

25 of annual installments which provide for the liquidation 


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1 of the amount described under subparagraph (B) (regard2 less of whether the amount is a liability or surplus) by 

3 September 30, 2056, including interest at the rate used 

4 in the computations under this subsection. 

5 ‘‘(B) The amount described in this subparagraph is 

6 the amount, as of the date on which the applicable com7 putation or recomputation under subparagraph (A) is 

8 made, that is equal to the difference between— 

9 ‘‘(i) 80 percent of the Postal Service actuarial 

10 liability as of September 30 of the preceding fiscal 

11 year; and 

12 ‘‘(ii) the value of the assets of the Postal Serv13 ice Retiree Health Benefits Fund as of September 

14 30 of the preceding fiscal year.’’; 

15 (C) in paragraph (3)— 

16 (i) in subparagraph (A)— 

17 (I) in clause (iii), by adding 

18 ‘‘and’’ at the end; 

19 (II) in clause (iv), by striking the 

20 semicolon at the end and inserting a 

21 period; and 

22 (III) by striking clauses (v) 

23 through (x); and 

24 (ii) in subparagraph (B)(ii)— 


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1 (I) by inserting ‘‘subject to para2 graph (7),’’ before ‘‘any annual in3 stallment’’; and 

4 (II) by striking ‘‘paragraph 

5 (2)(B)’’ and inserting ‘‘paragraph 

6 (2)’’; 

7 (D) by amending paragraph (4) to read as 

8 follows: 

9 ‘‘(4) Computations under this subsection shall be 

10 based on— 

11 ‘‘(A) economic and actuarial methods and as12 sumptions consistent with the methods and assump13 tions used in determining the Postal surplus or sup14 plemental liability under section 8348(h); and 

15 ‘‘(B) any other methods and assumptions, in16 cluding a health care cost trend rate, that the Direc17 tor of the Office determines to be appropriate.’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(7)(A)(i) There is established in the Treasury a 

20 fund to be known as the ‘Postal Service Investment Ac21 count’ (in this paragraph referred to as the ‘Account’). 

22 ‘‘(ii) The Secretary of the Treasury shall invest 

23 amounts in the Account in a manner similar to how 

24 amounts in the Thrift Savings Fund are invested and in 

25 accordance with guidance from the Thrift Savings Board. 


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1 ‘‘(B) If the amount described under paragraph 

2 (2)(B) for a fiscal year is a liability, the United States 

3 Postal Service may, in lieu of paying an annual install4 ment under paragraph (3)(B)(ii), deposit in the Account 

5 an amount equal to the amount of the annual installment. 

6 ‘‘(C)(i)(I) Before September 30 of the tenth fiscal 

7 year after the fiscal year during which the United States 

8 Postal Service makes a deposit under subparagraph (B) 

9 in lieu of paying an annual installment under paragraph 

10 (3)(B)(ii), upon request by the United States Postal Serv11 ice or if determined appropriate by the Secretary of the 

12 Treasury, the Secretary of the Treasury shall transfer 

13 from the amounts in the Account attributable to the earn14 ings on the deposit to the Postal Service Retiree Health 

15 Benefits Fund an amount equal to the amount of such 

16 annual installment. 

17 ‘‘(II) If a transfer has not been made under subclause 

18 (I) relating to a deposit under subparagraph (B) in lieu 

19 of paying an annual installment under paragraph 

20 (3)(B)(ii) before September 30 of the tenth fiscal year 

21 after the fiscal year during which the United States Postal 

22 Service makes the deposit, effective on such September 30, 

23 the Secretary of the Treasury shall transfer from the 

24 amounts in the Account attributable to the earnings on 

25 the deposit to the Postal Service Retiree Health Benefits 


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1 Fund an amount equal to the amount of such annual in2 stallment. 

3 ‘‘(ii) If, on the date a transfer is required under 

4 clause (i)(II), the amount in the Account attributable to 

5 the earnings on the applicable deposit is less than the 

6 amount required to be transferred under clause (i)(II)— 

7 ‘‘(I) the Secretary of the Treasury shall trans8 fer to the Postal Service Retiree Health Benefits 

9 Fund the amounts in the Account attributable to the 

10 earnings on the applicable deposit; and 

11 ‘‘(II) the United States Postal Service— 

12 ‘‘(aa) may request that the Secretary of 

13 the Treasury transfer to the Postal Service Re14 tiree Health Benefits Fund from the amounts 

15 in the Account attributable to the applicable de16 posit an amount equal to the difference between 

17 the amount transferred under subclause (I) and 

18 the amount of the applicable annual install19 ment; and 

20 ‘‘(bb) if the United States Postal Service 

21 does not request a transfer under item (aa), 

22 shall pay into the Postal Service Retiree Health 

23 Benefits Fund an amount equal to the dif24 ference between the amount transferred under 


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1 subclause (I) and the amount of the applicable 

2 annual installment. 

3 ‘‘(iii) After a transfer under clause (i) and a transfer 

4 or payment under clause (ii), if applicable, any remaining 

5 amounts in the Account that are attributable to the appli6 cable deposit and earnings on the deposit— 

7 ‘‘(I) shall be used by the United States Postal 

8 Service to repay any obligation issued under section 

9 2005(a) of title 39; 

10 ‘‘(II) to the extent amounts remain after repay11 ments under subclause (I), shall be transferred by 

12 the United States Postal Service to the Civil Service 

13 Retirement and Disability Fund for the purpose of 

14 reducing any supplemental liability under section 

15 8348(h); and 

16 ‘‘(III) to the extent amounts remain after re17 payments under subclause (I) and transfers under 

18 subclause (II), may be used by the United States 

19 Postal Service for the operation of the United States 

20 Postal Service. 

21 ‘‘(8) In this subsection, the term ‘Postal Service actu22 arial liability’ means the difference between— 

23 ‘‘(A) the net present value of future payments 

24 required to be paid from the Postal Service Retiree 

25 Health Benefits Fund under section 


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1 8906(g)(2)(A)(ii)(I) for current and future United 

2 States Postal Service annuitants; and 

3 ‘‘(B) the net present value as computed under 

4 paragraph (1) attributable to the future service of 

5 United States Postal Service employees. 

6 ‘‘(9) For purposes of computing an amount under 

7 paragraph (1) or (8)(A), section 8906(g)(2)(A)(ii)(I) shall 

8 be applied as though ‘up to the amount contained in the 

9 Fund’ were struck.’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(e) Subsections (a) through (d) of this section shall 

12 be subject to section 102 of the Improving Postal Oper13 ations, Service, and Transparency Act of 2015.’’. 

14 (c) CANCELLATION OF CERTAIN UNPAID OBLIGA15 TIONS OF THE POSTAL SERVICE.—Any obligation of the 

16 Postal Service under section 8909a(d)(3)(A) of title 5, 

17 United States Code, as in effect on the day before the date 

18 of enactment of this Act, that remains unpaid as of such 

19 date of enactment is cancelled. 

20 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The heading of section 8909a of title 5, United States 

22 Code, is amended by striking ‘‘Benefit’’ and inserting 

23 ‘‘Benefits’’. 


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1 SEC. 104. ANNUAL FEDERAL EMPLOYEES RETIREMENT SYS2 TEM AND CIVIL SERVICE RETIREMENT SYS3 TEM ASSESSMENTS. 

4 (a) USE OF POSTAL-SPECIFIC ASSUMPTIONS IN NOR5 MAL COST CALCULATION.— 

6 (1) IN GENERAL.—Section 8423(a) of title 5, 

7 United States Code, is amended— 

8 (A) in paragraph (1), by inserting ‘‘other 

9 than the United States Postal Service’’ after 

10 ‘‘Each employing agency’’; and 

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

12 ‘‘(5)(A) The United States Postal Service shall 

13 contribute to the Fund an amount equal to the prod14 uct of— 

15 ‘‘(i) the normal-cost percentage, as deter16 mined for employees of the United States Post17 al Service under subparagraph (B), multiplied 

18 by 

19 ‘‘(ii) the aggregate amount of basic pay 

20 payable by the United States Postal Service, for 

21 the period involved, to employees of the United 

22 States Postal Service. 

23 ‘‘(B)(i) In determining the normal-cost percent24 age for employees of the United States Postal Serv25 ice, the Office shall use— 


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1 ‘‘(I) demographic factors specific to the 

2 employees; and 

3 ‘‘(II) appropriate economic assumptions, 

4 consistent with recommendations from an inde5 pendent entity, regarding wage and salary 

6 trends specific to the employees. 

7 ‘‘(ii) The United States Postal Service shall 

8 provide any data or projections the Office requires 

9 in order to determine the normal-cost percentage for 

10 employees of the United States Postal Service con11 sistent with clause (i). 

12 ‘‘(iii) Notwithstanding paragraph (2), in deter13 mining the normal-cost percentage to be applied for 

14 employees of the United States Postal Service, the 

15 Office shall take into account amounts provided 

16 under section 8422. 

17 ‘‘(iv) The Office shall review the determination 

18 of the normal-cost percentage for employees of the 

19 United States Postal Service and make such adjust20 ments as the Office determines are necessary— 

21 ‘‘(I) upon request of the United States 

22 Postal Service, but no more frequently than 

23 once each fiscal year; and 

24 ‘‘(II) at any additional times, as the Office 

25 considers appropriate.’’. 


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1 (2) INITIAL DETERMINATION.—Not later than 

2 180 days after the date on which the Office receives 

3 the appropriate data or projections from the Postal 

4 Service under clause (ii) of section 8423(a)(5)(B) of 

5 title 5, United States Code, as added by paragraph 

6 (1), the Office shall determine the normal-cost per7 centage for employees of the Postal Service in ac8 cordance with the requirements under such section 

9 8423(a)(5)(B). 

10 (3) APPLICABILITY.—On and after the date on 

11 which the Office determines the normal-cost percent12 age under paragraph (2), the contributions of the 

13 Postal Service to the Civil Service Retirement and 

14 Disability Fund relating to employees covered under 

15 chapter 84 of title 5, United States Code, shall be 

16 determined in accordance with paragraph (5) of sec17 tion 8423(a) of title 5, United States Code, as added 

18 by paragraph (1). 

19 (b) POSTAL FUNDING SURPLUS OR LIABILITY.— 

20 (1) TREATMENT OF POSTAL FUNDING SUR21 PLUS.—Section 8423(b) of title 5, United States 

22 Code, is amended— 

23 (A) in paragraph (2)— 

24 (i) by striking ‘‘or (1)(B)’’; and 


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1 (ii) by inserting ‘‘and the amount of 

2 any supplemental liability computed under 

3 paragraph (1)(B) shall be amortized in 40 

4 equal annual installments’’ after ‘‘annual 

5 installments’’; 

6 (B) by redesignating paragraph (5) as 

7 paragraph (6); and 

8 (C) by inserting after paragraph (4) the 

9 following: 

10 ‘‘(5)(A) In this paragraph, the term ‘postal 

11 funding surplus’ means the amount by which the 

12 amount of supplemental liability computed under 

13 paragraph (1)(B) is less than zero. 

14 ‘‘(B) After the date on which the Office deter15 mines under paragraph (7)(C) the amount of supple16 mental liability computed under paragraph (1)(B) as 

17 of the close of the fiscal year ending on September 

18 30, 2013, not later than the date on which the Post19 master General makes a request under subpara20 graph (C) of this paragraph, and if the amount de21 termined under paragraph (7)(C) is less than zero, 

22 the Postmaster General may request that some or 

23 all of the amount of the postal funding surplus, not 

24 to exceed $6,000,000,000, be returned to the United 

25 States Postal Service, and not later than 10 days 


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1 after the request, the Director shall transfer to the 

2 United States Postal Service from the Fund an 

3 amount equal to the portion of the postal funding 

4 surplus requested, for use in accordance with sub5 paragraph (E)(i). 

6 ‘‘(C)(i) Subject to clause (ii), after the date on 

7 which the Office computes the amount of supple8 mental liability under paragraph (1)(B) as of the 

9 close of the fiscal year ending on September 30, 

10 2014, and if such amount is less than zero, the 

11 Postmaster General may request that some of the 

12 amount of the postal funding surplus, not to exceed 

2 13 ⁄3 of the amount, be returned to the United States 

14 Postal Service, and not later than 10 days after the 

15 request, the Director shall transfer to the United 

16 States Postal Service from the Fund an amount 

17 equal to the portion of the postal funding surplus re18 quested, for use in accordance with subparagraph 

19 (E)(ii). 

20 ‘‘(ii) If any amount requested by the Post21 master General under subparagraph (B) is not 

22 transferred from the Fund as of the close of the fis23 cal year ending on September 30, 2014, for purposes 

24 of this subparagraph, the Office shall recompute the 

25 amount of supplemental liability computed under 


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1 paragraph (1)(B) as of the close of that fiscal year 

2 by subtracting from the balance of the Fund the 

3 amount requested under subparagraph (B) of this 

4 paragraph. 

5 ‘‘(D) If the amount of supplemental liability 

6 computed under paragraph (1)(B) as of the close of 

7 any fiscal year commencing after September 30, 

8 2014, is less than zero, the Office shall establish an 

9 amortization schedule, including a series of equal an10 nual installments that— 

11 ‘‘(i) provide for the liquidation of the post12 al funding surplus in 40 years, commencing on 

13 September 30 of the subsequent fiscal year; and 

14 ‘‘(ii) shall be transferred to the United 

15 States Postal Service from the Fund for use in 

16 accordance with subparagraph (E)(ii). 

17 ‘‘(E)(i) The United States Postal Service may 

18 use an amount transferred under subparagraph (B) 

19 only for the purpose of repaying any obligation 

20 issued under section 2005(a) of title 39. 

21 ‘‘(ii) The United States Postal Service may use 

22 an amount transferred under subparagraph (C) or 

23 (D) only— 

24 ‘‘(I) by directing that some or all of the 

25 amount be transferred to the Postal Service ReVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 tiree Health Benefits Fund for the purpose of 

2 reducing any Postal Service actuarial liability 

3 referred to under section 8909a; 

4 ‘‘(II) by directing that some or all of the 

5 amount be transferred to the Civil Service Re6 tirement and Disability Fund for the purpose of 

7 reducing any supplemental liability under sec8 tion 8348(h); 

9 ‘‘(III) by directing that some or all of the 

10 amount be transferred to the Civil Service Re11 tirement and Disability Fund for the purpose of 

12 reducing any supplemental liability under sec13 tion 8423(b)(1)(B); or 

14 ‘‘(IV) as described in clause (i), if none of 

15 the liabilities referred to in subclause (I), (II), 

16 or (III) remain unpaid.’’. 

17 (2) SUPPLEMENTAL LIABILITY CALCULA18 TION.— 

19 (A) FERS.—Section 8423(b) of title 5, 

20 United States Code, as amended by paragraph 

21 (1) of this subsection, is amended— 

22 (i) in paragraph (6), as so redesig23 nated, in the matter preceding subpara24 graph (A), by striking ‘‘For the purpose’’ 


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1 and inserting ‘‘Subject to paragraph (7), 

2 for the purpose’’; and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(7)(A) For the purpose of carrying out para6 graph (1)(B) with respect to the fiscal year ending 

7 September 30, 2013, and each fiscal year thereafter, 

8 the Office shall, consistent with subsection 

9 (a)(5)(B), use— 

10 ‘‘(i) demographic factors specific to current 

11 and former employees of the United States 

12 Postal Service; and 

13 ‘‘(ii) appropriate economic assumptions, as 

14 determined by the Office, regarding wage and 

15 salary trends specific to current employees of 

16 the United States Postal Service. 

17 ‘‘(B) The United States Postal Service shall 

18 provide any data or projections the Office requires 

19 in order to carry out paragraph (1)(B) consistent 

20 with subparagraph (A) of this paragraph. 

21 ‘‘(C) Not later than 180 days after the later of 

22 the date on which the Office receives the appropriate 

23 data or projections from the United States Postal 

24 Service under subparagraph (B) or the date of en25 actment of the Improving Postal Operations, ServVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 ice, and Transparency Act of 2015, the Office shall 

2 determine or redetermine whether there is a postal 

3 funding surplus (as defined in paragraph (5)) or a 

4 supplemental liability described in paragraph (1)(B) 

5 (and the amount thereof) as of the close of the fiscal 

6 year ending on September 30, 2013, in accordance 

7 with the requirements under subparagraph (A) of 

8 this paragraph.’’. 

9 (B) CSRS.—Section 8348(h) of title 5, 

10 United States Code, is amended— 

11 (i) in paragraph (2), by striking sub12 paragraph (B) and inserting the following: 

13 ‘‘(B)(i)(I) Not later than the date on which the Office 

14 determines the normal-cost percentage under section 

15 104(a)(2) of the Improving Postal Operations, Service, 

16 and Transparency Act of 2015, the Office shall redeter17 mine the Postal surplus or supplemental liability as of the 

18 close of the fiscal year ending on September 30, 2013, 

19 in accordance with the requirements under paragraph (4). 

20 ‘‘(II) If the result of the redetermination under sub21 clause (I) is a surplus, that amount shall remain in the 

22 Fund until distribution is authorized under subparagraph 

23 (C). 

24 ‘‘(III) If the result of the redetermination under sub25 clause (I) is a supplemental liability, the Office shall estabVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 lish an amortization schedule, including a series of annual 

2 installments commencing on September 30, 2016, which 

3 provides for the liquidation of such liability by September 

4 30, 2055. 

5 ‘‘(ii)(I) The Office shall determine the Postal surplus 

6 or supplemental liability as of the close of each fiscal year 

7 beginning after September 30, 2014, in accordance with 

8 the requirements under paragraph (4). 

9 ‘‘(II) If the result of the determination under sub10 clause (I) is a surplus, that amount shall remain in the 

11 Fund until distribution is authorized under subparagraph 

12 (C). 

13 ‘‘(III) On and after June 15, 2016, if the result of 

14 the determination under subclause (I) is a supplemental 

15 liability, the Office shall establish an amortization sched16 ule, including a series of annual installments commencing 

17 on September 30 of the subsequent fiscal year, which pro18 vides for the liquidation of such liability by September 30, 

19 2055.’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(4)(A) For the purpose of carrying out paragraphs 

23 (1) and (2), the Office shall, consistent with section 

24 8423(a)(5)(B), use— 


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1 ‘‘(i) demographic factors specific to current and 

2 former employees of the United States Postal Serv3 ice; and 

4 ‘‘(ii) appropriate economic assumptions, as de5 termined by the Office, regarding wage and salary 

6 trends specific to the employees. 

7 ‘‘(B) The United States Postal Service shall provide 

8 any data or projections the Office requires in order to 

9 carry out paragraphs (1) and (2) consistent with subpara10 graph (A) of this paragraph.’’. 

11 SEC. 105. RIGHT OF APPEAL TO MERIT SYSTEMS PROTEC12 TION BOARD. 

13 Section 1005(a)(4)(A)(ii)(I) of title 39, United States 

14 Code, is amended to read as follows: 

15 ‘‘(I) is an officer or employee of the Postal 

16 Service who— 

17 ‘‘(aa) is not represented by a bar18 gaining representative recognized under 

19 section 1203; and 

20 ‘‘(bb) is in a supervisory, professional, 

21 technical, clerical, administrative, or mana22 gerial position covered by the Executive 

23 and Administrative Schedule; and’’. 


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1 SEC. 106. LABOR DISPUTES. 

2 Section 1207(c) of title 39, United States Code, is 

3 amended— 

4 (1) in paragraph (2)— 

5 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

6 (B) by striking the last sentence and in7 serting ‘‘The arbitration board shall render a 

8 decision not later than 45 days after the date 

9 of its appointment.’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(B) In rendering a decision under this paragraph, 

12 the arbitration board shall consider such relevant factors 

13 as the financial condition of the Postal Service.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(4) Nothing in this section may be construed to limit 

16 the relevant factors that the arbitration board may take 

17 into consideration in rendering a decision under paragraph 

18 (2).’’. 

19 SEC. 107. SUPERVISORY AND OTHER MANAGERIAL ORGANI20 ZATIONS. 

21 Section 1004 of title 39, United States Code, is 

22 amended— 

23 (1) in subsection (a), by inserting ‘‘and fringe 

24 benefits’’ after ‘‘differentials in rates of pay’’; 

25 (2) in subsection (b), in the second sentence, by 

26 inserting ‘‘as provided under subsection (d) and any 


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1 changes in, or termination of, pay policies and 

2 schedules and fringe benefit programs for members 

3 of the supervisors’ organization as provided under 

4 subsection (e). Such pay policies and fringe benefit 

5 programs shall reflect adequate differentials in rates 

6 of pay and fringe benefits as provided under sub7 section (a)’’ before the period; and 

8 (3) in subsection (e)(1), by inserting ‘‘, or ter9 mination of,’’ after ‘‘any changes in’’. 

10 SEC. 108. ADDRESSING THE MORALE OF POSTAL SERVICE 

11 EMPLOYEES. 

12 (a) APPOINTMENT OF A WORKFORCE DEVELOPMENT

13 OFFICER.— 

14 (1) IN GENERAL.—The Postmaster General 

15 shall designate an employee of the Postal Service as 

16 the Workforce Development Officer and assign to 

17 the Workforce Development Officer primary respon18 sibility for issues relating to the morale of employees 

19 of the Postal Service stationed at the headquarters 

20 of the Postal Service and employees of the Postal 

21 Service stationed in other locations. 

22 (2) DUTIES.—The Workforce Development Of23 ficer— 

24 (A) shall oversee and develop national ini25 tiatives, in consultation with all relevant stakeVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 holders, that address working conditions, staff2 ing, communication, training, and employee mo3 rale at the Postal Service; and 

4 (B) may work with employees of the Postal 

5 Service throughout the United States, as need6 ed, who have responsibilities relating to car7 rying out the national initiatives. 

8 (b) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Inspector General of the 

10 Postal Service, after consultation with relevant individuals 

11 and entities, shall submit to the Committee on Homeland 

12 Security and Governmental Affairs of the Senate and the 

13 Committee on Oversight and Government Reform of the 

14 House of Representatives a report examining the chal15 lenges confronted by the Postal Service, including— 

16 (1) decisionmaking by the management of the 

17 Postal Service; 

18 (2) workforce conditions; 

19 (3) the morale of employees of the Postal Serv20 ice stationed at the headquarters of the Postal Serv21 ice and employees of the Postal Service stationed in 

22 other locations; and 

23 (4) recommendations, if any, for improvement. 

24 (c) ACTION PLAN.—The Postal Service shall develop 

25 and submit to the Committee on Homeland Security and 


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1 Governmental Affairs of the Senate and the Committee 

2 on Oversight and Government Reform of the House of 

3 Representatives an action plan to address the rec4 ommendations contained in the report of the Inspector 

5 General. 

6 TITLE II—POSTAL OPERATIONS 

7 SEC. 201. LONG-TERM SOLVENCY PLAN; ANNUAL FINAN8 CIAL PLAN AND BUDGET. 

9 (a) DEFINITIONS.—In this section— 

10 (1) the term ‘‘Board of Governors’’ means the 

11 Board of Governors of the Postal Service; 

12 (2) the term ‘‘long-term solvency plan’’ means 

13 the plan required to be submitted by the Postmaster 

14 General under subsection (b)(1); and 

15 (3) the term ‘‘solvency’’ means the ability of the 

16 Postal Service to pay debts and meet expenses, in17 cluding the ability to perform maintenance and re18 pairs, make investments, and maintain financial re19 serves, as necessary to fulfill the requirements 

20 under, and comply with the policies of, title 39, 

21 United States Code, and other obligations of the 

22 Postal Service. 

23 (b) PLAN FOR THE LONG-TERM SOLVENCY OF THE

24 POSTAL SERVICE.— 

25 (1) SOLVENCY PLAN REQUIRED.— 


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1 (A) IN GENERAL.—Not later than the date 

2 described in subparagraph (B), the Postmaster 

3 General shall submit to the Board of Governors 

4 a plan describing the actions the Postal Service 

5 intends to take to achieve long-term solvency. 

6 (B) DATE.—The date described in this 

7 subparagraph is the later of— 

8 (i) the date that is 90 days after the 

9 date of enactment of this Act; and 

10 (ii) the earliest date as of which the 

11 Board of Governors has the number of 

12 members required for a quorum. 

13 (2) CONSIDERATIONS.—The long-term solvency 

14 plan shall take into account— 

15 (A) the legal authority of the Postal Serv16 ice; 

17 (B) changes in the legal authority and re18 sponsibilities of the Postal Service under this 

19 Act and the amendments made by this Act; 

20 (C) any cost savings that the Postal Serv21 ice anticipates will be achieved through negotia22 tions with employees of the Postal Service; 

23 (D) projected changes in mail volume; 


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1 (E) the impact of any regulations that the 

2 Postal Service is required to promulgate under 

3 Federal law; 

4 (F) projected changes in the number of 

5 employees needed to carry out the responsibil6 ities of the Postal Service; 

7 (G) the long-term capital needs of the 

8 Postal Service, including the need to maintain, 

9 repair, and replace facilities and equipment; 

10 and 

11 (H) the distinctions between market-domi12 nant and competitive products. 

13 (3) REVIEW AND SUBMISSION TO CONGRESS

14 AND COMMISSION.— 

15 (A) REVIEW.—Upon receipt of the long16 term solvency plan, the Board of Governors 

17 shall review the long-term solvency plan and 

18 may request that the Postmaster General make 

19 changes to the long-term solvency plan. 

20 (B) SUBMISSION TO CONGRESS AND COM21 MISSION.—Not later than 60 days after initial 

22 receipt of the long-term solvency plan, the 

23 Board of Governors shall provide a copy of the 

24 long-term solvency plan, together with a letter 

25 indicating whether and in what respects the 


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1 Board of Governors agrees or disagrees with 

2 the measures set out in the long-term solvency 

3 plan, to— 

4 (i) the Committee on Homeland Secu5 rity and Governmental Affairs of the Sen6 ate; 

7 (ii) the Committee on Oversight and 

8 Government Reform of the House of Rep9 resentatives; and 

10 (iii) the Commission. 

11 (4) UPDATES.— 

12 (A) ANNUAL UPDATES REQUIRED.—The 

13 Postmaster General shall update and submit to 

14 the Board of Governors the long-term solvency 

15 plan not less frequently than annually for 5 

16 years after the date of enactment of this Act. 

17 (B) REVIEW BY BOARD OF GOVERNORS.— 

18 The Board of Governors shall review and sub19 mit to Congress and the Commission the up20 dates under this paragraph in accordance with 

21 paragraph (3). 

22 (c) ANNUAL FINANCIAL PLAN AND BUDGET.— 

23 (1) IN GENERAL.—For each of the first 5 full 

24 fiscal years after the date of enactment of this Act, 

25 not later than August 1 of the preceding fiscal year, 


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1 the Postmaster General shall submit to the Board of 

2 Governors a financial plan and budget for the fiscal 

3 year that is consistent with the goal of achieving the 

4 long-term solvency of the Postal Service. 

5 (2) CONTENTS OF FINANCIAL PLAN AND BUDG6 ET.—The financial plan and budget for a fiscal year 

7 shall— 

8 (A) promote the financial stability of the 

9 Postal Service and provide for progress towards 

10 the long-term solvency of the Postal Service; 

11 (B) include the annual budget program of 

12 the Postal Service under section 2009 of title 

13 39, United States Code, and the plan of the 

14 Postal Service commonly referred to as the ‘‘In15 tegrated Financial Plan’’; 

16 (C) describe lump-sum expenditures by all 

17 categories traditionally used by the Postal Serv18 ice; 

19 (D) describe capital expenditures, together 

20 with a schedule of projected capital commit21 ments and cash outlays of the Postal Service, 

22 and proposed sources of funding; 

23 (E) contain estimates of overall debt (both 

24 outstanding and expected to be incurred); 


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1 (F) contain cash flow and liquidity fore2 casts for the Postal Service at such intervals as 

3 the Board of Governors may require; 

4 (G) include a statement describing meth5 ods of estimations and significant assumptions; 

6 (H) distinguish between market-dominant 

7 and competitive products, as practicable; and 

8 (I) address any other issues that the 

9 Board of Governors considers appropriate. 

10 (3) PROCESS FOR SUBMISSION AND APPROVAL

11 OF FINANCIAL PLAN AND BUDGET.— 

12 (A) DEFINITION.—In this paragraph, the 

13 term ‘‘covered recipient’’ means— 

14 (i) the Postmaster General; 

15 (ii) the President; 

16 (iii) the Committee on Homeland Se17 curity and Governmental Affairs of the 

18 Senate; and 

19 (iv) the Committee on Oversight and 

20 Government Reform of the House of Rep21 resentatives. 

22 (B) REVIEW BY THE BOARD OF GOV23 ERNORS.— 

24 (i) IN GENERAL.—Upon receipt of a 

25 financial plan and budget under paragraph 


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1 (1), the Board of Governors shall promptly 

2 review the financial plan and budget. 

3 (ii) ADDITIONAL INFORMATION.—In 

4 conducting the review under this subpara5 graph, the Board of Governors may re6 quest any additional information it con7 siders necessary and appropriate to carry 

8 out the duties of the Board of Governors. 

9 (C) APPROVAL OF FINANCIAL PLAN AND

10 BUDGET SUBMITTED BY THE POSTMASTER

11 GENERAL.—If the Board of Governors deter12 mines that the financial plan and budget for a 

13 fiscal year received under paragraph (1) meets 

14 the requirements under paragraph (2) and oth15 erwise adequately addresses the financial situa16 tion of the Postal Service— 

17 (i) the Board of Governors shall ap18 prove the financial plan and budget and 

19 submit a notice of approval to each covered 

20 recipient; and 

21 (ii) the Postmaster General shall sub22 mit the annual budget program for the rel23 evant fiscal year to the Office of Manage24 ment and Budget in accordance with sec25 tion 2009 of title 39, United States Code. 


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1 (D) DISAPPROVAL OF FINANCIAL PLAN

2 AND BUDGET SUBMITTED BY THE POSTMASTER

3 GENERAL.— 

4 (i) IN GENERAL.—If the Board of 

5 Governors determines that the financial 

6 plan and budget for a fiscal year under 

7 paragraph (1) does not meet the require8 ments under paragraph (2) or is otherwise 

9 inadequate in addressing the financial situ10 ation of the Postal Service, the Board of 

11 Governors shall— 

12 (I) disapprove the financial plan 

13 and budget; 

14 (II) submit to each covered re15 cipient a statement that describes the 

16 reasons for the disapproval; 

17 (III) direct the Postmaster Gen18 eral to appropriately revise the finan19 cial plan and budget for the Postal 

20 Service; and 

21 (IV) submit the revised financial 

22 plan and budget to each covered re23 cipient. 

24 (ii) SUBMISSION TO OFFICE OF MAN25 AGEMENT AND BUDGET.—Upon receipt of 


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1 a revised financial plan and budget under 

2 clause (i)(IV), the Postmaster General 

3 shall submit the annual budget program 

4 for the relevant fiscal year to the Office of 

5 Management and Budget in accordance 

6 with section 2009 of title 39, United 

7 States Code. 

8 (E) DEADLINE FOR TRANSMISSION OF FI9 NANCIAL PLAN AND BUDGET BY BOARD OF

10 GOVERNORS.—Notwithstanding any other provi11 sion of this paragraph, not later than Sep12 tember 30 of the fiscal year that precedes each 

13 fiscal year for which a financial plan and budg14 et is required under paragraph (1), the Board 

15 of Governors shall submit to each covered re16 cipient— 

17 (i) a notice of approval under sub18 paragraph (C)(i); or 

19 (ii) an approved financial plan and 

20 budget for the fiscal year under subpara21 graph (D)(i)(IV). 

22 (F) REVISIONS TO FINANCIAL PLAN AND

23 BUDGET.— 

24 (i) PERMITTING POSTMASTER GEN25 ERAL TO SUBMIT REVISIONS.—The PostVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 master General may submit proposed revi2 sions to the financial plan and budget for 

3 a fiscal year to the Board of Governors at 

4 any time during that fiscal year. 

5 (ii) PROCESS FOR REVIEW, APPROVAL, 

6 DISAPPROVAL, AND POSTMASTER GENERAL

7 ACTION.—The procedures described in sub8 paragraphs (B) through (E) shall apply 

9 with respect to a proposed revision to a fi10 nancial plan and budget in the same man11 ner as such procedures apply with respect 

12 to the original financial plan and budget. 

13 (d) ASSUMPTIONS BASED ON CURRENT LAW.—In 

14 preparing the long-term solvency plan or an annual finan15 cial plan and budget required under this section, the Post16 al Service shall base estimates of revenues and expendi17 tures on Federal law as in effect at the time of the prepa18 ration of the long-term solvency plan or the financial plan 

19 and budget. 

20 (e) THIRD-PARTY ANALYSIS OF POSTAL SERVICE FI21 NANCES.—The Commission shall enter into a contract 

22 with 1 or more independent third parties under which the 

23 third party or parties, not later than 15 months after the 

24 date of enactment of this Act, shall— 

25 (1) complete a study that analyzes— 


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1 (A) the finances of the Postal Service; 

2 (B) the overall mailing industry; 

3 (C) the demand for market-dominant and 

4 competitive products and services in rural, 

5 urban, and suburban communities; and 

6 (D) the changes in overall revenue and 

7 cost savings of the Postal Service due to re8 cent— 

9 (i) closings and consolidations of proc10 essing plants, post offices, and other facili11 ties; 

12 (ii) changes to service standards; and 

13 (iii) service performance; and 

14 (2) submit to the Commission a report on the 

15 study conducted under paragraph (1) that includes 

16 recommendations on affordable options and time17 tables for improving postal operations and services, 

18 including— 

19 (A) how rural service measurement can be 

20 made more accurate to ensure that the Postal 

21 Service comprehensively measures the mail 

22 service provided to each region of the United 

23 States, regardless of population size and geo24 graphic location; 


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1 (B) the feasibility of restoring overnight 

2 service standards for market-dominant products 

3 similar to the service standards that were in ef4 fect on July 1, 2012, including an examination 

5 of the resources needed, structural and oper6 ational changes needed, and market demand for 

7 such a change; 

8 (C) recommended definitions for the terms 

9 ‘‘urban’’, ‘‘suburban’’, and ‘‘rural’’ for purposes 

10 of measuring the performance of the Postal 

11 Service relative to service standards under sec12 tion 3691 of title 39, United States Code, as 

13 amended by section 205; and 

14 (D) the feasibility, including the costs and 

15 benefits, of bifurcating postal delivery into 2 

16 components, consisting of a market-dominant 

17 product delivery component and a competitive 

18 product delivery component. 

19 SEC. 202. PLANT CLOSINGS AND CONSOLIDATIONS. 

20 (a) MORATORIUM ON CLOSING OR CONSOLIDATION

21 OF POSTAL FACILITIES.—During the 2-year period begin22 ning on the date of enactment of this Act, the Postal Serv23 ice may not close or consolidate any postal facility (as de24 fined in section 404(f) of title 39, United States Code, 

25 as added by this section). 


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1 (b) CLOSING OR CONSOLIDATING CERTAIN POSTAL

2 FACILITIES.—Section 404 of title 39, United States Code, 

3 is amended by adding at the end the following: 

4 ‘‘(f) CLOSING OR CONSOLIDATION OF CERTAIN

5 POSTAL FACILITIES.— 

6 ‘‘(1) POSTAL FACILITY.—In this subsection, the 

7 term ‘postal facility’— 

8 ‘‘(A) means any Postal Service facility that 

9 is primarily involved in the preparation, dis10 patch, or other physical processing of mail; and 

11 ‘‘(B) does not include— 

12 ‘‘(i) any post office, station, or 

13 branch; or 

14 ‘‘(ii) any facility used only for admin15 istrative functions. 

16 ‘‘(2) AREA MAIL PROCESSING STUDY.— 

17 ‘‘(A) NEW AREA MAIL PROCESSING STUD18 IES.—After the date of enactment of this sub19 section, before making a determination under 

20 subsection (a)(3) as to the necessity for the 

21 closing or consolidation of any postal facility, 

22 the Postal Service shall— 

23 ‘‘(i) conduct an area mail processing 

24 study relating to that postal facility that 

25 includes— 


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1 ‘‘(I) a plan to reduce the capacity 

2 of the postal facility, but not close the 

3 postal facility; and 

4 ‘‘(II) consideration of the effect 

5 of the closing or consolidation of the 

6 postal facility on the ability of individ7 uals served by the postal facility to 

8 vote by mail and the ability of the 

9 Postal Service to timely deliver ballots 

10 by mail in accordance with the dead11 line to return ballots established 

12 under applicable State law; 

13 ‘‘(ii) publish the study on the Postal 

14 Service website; and 

15 ‘‘(iii) publish a notice that the study 

16 is complete and available to the public, in17 cluding on the Postal Service website. 

18 ‘‘(B) COMPLETED OR ONGOING AREA MAIL

19 PROCESSING STUDIES.— 

20 ‘‘(i) IN GENERAL.—In the case of a 

21 postal facility described in clause (ii), the 

22 Postal Service shall— 

23 ‘‘(I) consider a plan to reduce the 

24 capacity of the postal facility without 

25 closing the postal facility; 


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1 ‘‘(II) consider the effect of the 

2 closing or consolidation of the postal 

3 facility on the ability of individuals 

4 served by the postal facility to vote by 

5 mail and the ability of the Postal 

6 Service to timely deliver ballots by 

7 mail in accordance with the deadline 

8 to return ballots established under ap9 plicable State law; and 

10 ‘‘(III) publish the results of the 

11 consideration under subclause (I) with 

12 or as an amendment to the area mail 

13 processing study relating to the postal 

14 facility. 

15 ‘‘(ii) POSTAL FACILITIES.—A postal 

16 facility described in this clause is a postal 

17 facility for which, on or before the date of 

18 enactment of this subsection— 

19 ‘‘(I) an area mail processing 

20 study that does not include a plan to 

21 reduce the capacity of the postal facil22 ity without closing the postal facility 

23 or consideration of the effect of the 

24 closing or consolidation of the postal 

25 facility on the ability of individuals 


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1 served by the postal facility to vote by 

2 mail and the ability of the Postal 

3 Service to timely deliver ballots by 

4 mail in accordance with the deadline 

5 to return ballots established under ap6 plicable State law has been completed; 

7 ‘‘(II) an area mail processing 

8 study is in progress; or 

9 ‘‘(III) a determination as to the 

10 necessity for the closing or consolida11 tion of the postal facility has not been 

12 made. 

13 ‘‘(3) NOTICE, PUBLIC COMMENT, AND PUBLIC

14 HEARING.—If the Postal Service makes a determina15 tion under subsection (a)(3) to close or consolidate 

16 a postal facility, the Postal Service shall— 

17 ‘‘(A) provide notice of the determination 

18 to— 

19 ‘‘(i) Congress; and 

20 ‘‘(ii) the Postal Regulatory Commis21 sion; 

22 ‘‘(B) provide adequate public notice of the 

23 intention of the Postal Service to close or con24 solidate the postal facility; 


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1 ‘‘(C) ensure that interested persons have 

2 an opportunity to submit public comments dur3 ing a 45-day period after the notice of intention 

4 is provided under subparagraph (B); 

5 ‘‘(D) before the 45-day period described in 

6 subparagraph (C), provide for public notice of 

7 that opportunity by— 

8 ‘‘(i) publication on the Postal Service 

9 website; 

10 ‘‘(ii) prominent posting at the affected 

11 postal facility; and 

12 ‘‘(iii) advertising the date and location 

13 of the public community meeting under 

14 subparagraph (E); and 

15 ‘‘(E) during the 45-day period described in 

16 subparagraph (C), conduct a public community 

17 meeting that provides an opportunity for public 

18 comments to be submitted verbally or in writ19 ing. 

20 ‘‘(4) FURTHER CONSIDERATIONS.—Not earlier 

21 than 30 days after the end of the 45-day period for 

22 public comment under paragraph (3), the Postal 

23 Service, in making a determination to close or con24 solidate a postal facility, shall consider— 


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1 ‘‘(A) the views presented by interested per2 sons under paragraph (3); 

3 ‘‘(B) the effect of the closing or consolida4 tion on the affected community, including any 

5 disproportionate impact the closing or consoli6 dation may have on a State, region, or locality; 

7 ‘‘(C) the effect of the closing or consolida8 tion on the travel times and distances for af9 fected customers to access services under the 

10 proposed closing or consolidation; 

11 ‘‘(D) the effect of the closing or consolida12 tion on delivery times for all classes of mail; 

13 ‘‘(E) any characteristics of certain geo14 graphical areas, such as remoteness, broadband 

15 Internet availability, and weather-related obsta16 cles to using alternative facilities, that may re17 sult in the closing or consolidation having a 

18 unique effect; 

19 ‘‘(F) the effect of the closing or consolida20 tion on small businesses in the area, including 

21 shipping and communications with customers 

22 and suppliers and the corresponding impact on 

23 revenues, operations, and growth; and 

24 ‘‘(G) any other factor the Postal Service 

25 determines is necessary. 


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1 ‘‘(5) NOTICE OF FINAL DETERMINATION; JUS2 TIFICATION STATEMENT.—Before the date on which 

3 the Postal Service closes or consolidates a postal fa4 cility, the Postal Service shall post on the Postal 

5 Service website— 

6 ‘‘(A) notice of the final determination to 

7 close or consolidate the postal facility; and 

8 ‘‘(B) a closing or consolidation justification 

9 statement that includes— 

10 ‘‘(i) a response to all public comments 

11 received with respect to the considerations 

12 described under paragraph (4); 

13 ‘‘(ii) a description of the consider14 ations made by the Postal Service under 

15 paragraph (4); and 

16 ‘‘(iii) the actions that will be taken by 

17 the Postal Service to mitigate any negative 

18 effects identified under paragraph (4). 

19 ‘‘(6) CLOSING OR CONSOLIDATION OF POSTAL

20 FACILITIES.— 

21 ‘‘(A) IN GENERAL.—Not earlier than 15 

22 days after the date on which the Postal Service 

23 posts notice of the final determination and the 

24 justification statement under paragraph (5) 

25 with respect to a postal facility, the Postal 


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1 Service may close or consolidate the postal facil2 ity. 

3 ‘‘(B) ALTERNATIVE INTAKE OF MAIL.—If 

4 the Postal Service closes or consolidates a post5 al facility under subparagraph (A), the Postal 

6 Service shall make reasonable efforts to ensure 

7 continued mail receipt from customers of the 

8 closed or consolidated postal facility at the 

9 same location or at another appropriate location 

10 in close geographic proximity to the closed or 

11 consolidated postal facility. 

12 ‘‘(7) POSTAL REGULATORY COMMISSION AP13 PEALS.— 

14 ‘‘(A) RIGHT TO APPEAL.—A determination 

15 of the Postal Service to close or consolidate any 

16 postal facility may be appealed by any person 

17 served by the postal facility to the Postal Regu18 latory Commission not later than 15 days after 

19 the date on which the determination is posted 

20 on the Postal Service website under paragraph 

21 (5). 

22 ‘‘(B) REVIEW BASED ON RECORD.—The 

23 Commission shall review a determination ap24 pealed under this paragraph on the basis of the 


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1 record before the Postal Service in the making 

2 of the determination. 

3 ‘‘(C) DEADLINE FOR COMMISSION DETER4 MINATION.—The Commission shall make a de5 termination based upon a review conducted 

6 under subparagraph (B) not later than 90 days 

7 after the date on which the Commission receives 

8 the appeal of the determination under subpara9 graph (A). 

10 ‘‘(D) BASES FOR SETTING ASIDE POSTAL

11 SERVICE DETERMINATIONS.—In making a de12 termination under subparagraph (C), the Com13 mission shall set aside any determination, find14 ing, or conclusion of the Postal Service that the 

15 Commission determines— 

16 ‘‘(i) is arbitrary, capricious, an abuse 

17 of discretion, or otherwise not in accord18 ance with the law; 

19 ‘‘(ii) is without observance of the pro20 cedures required under this subsection or 

21 any other applicable law; or 

22 ‘‘(iii) is unsupported by substantial 

23 evidence on the record. 

24 ‘‘(E) OPTION TO AFFIRM OR REMAND.— 

25 The Commission— 


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1 ‘‘(i) may affirm a determination of the 

2 Postal Service appealed under this para3 graph or order that the entire matter be 

4 returned for further consideration; and 

5 ‘‘(ii) may not modify the determina6 tion of the Postal Service. 

7 ‘‘(F) TEMPORARY SUSPENSION.—The 

8 Commission may suspend the effectiveness of a 

9 determination of the Postal Service appealed 

10 under this paragraph until the final disposition 

11 of the appeal. 

12 ‘‘(G) APPLICABILITY OF OTHER LAWS.— 

13 The provisions of section 556, section 557, and 

14 chapter 7 of title 5 shall not apply to any re15 view carried out by the Commission under this 

16 paragraph. 

17 ‘‘(H) DATE OF RECEIPT OF APPEAL.—For 

18 purposes of subparagraph (A), any appeal re19 ceived by the Commission shall— 

20 ‘‘(i) if sent to the Commission 

21 through the mails, be considered to have 

22 been received on the date of the Postal 

23 Service postmark on the envelope or other 

24 cover in which the appeal is mailed; or 


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1 ‘‘(ii) if otherwise lawfully delivered to 

2 the Commission, be considered to have 

3 been received on the date determined based 

4 on any appropriate documentation or other 

5 indicia (as determined under regulations of 

6 the Commission). 

7 ‘‘(8) POSTAL SERVICE WEBSITE.—For purposes 

8 of any notice required to be published on the Postal 

9 Service website under this subsection, the Postal 

10 Service shall ensure that the Postal Service 

11 website— 

12 ‘‘(A) is updated routinely; and 

13 ‘‘(B) provides any person, at the option of 

14 the person, the opportunity to receive relevant 

15 updates by electronic mail. 

16 ‘‘(9) PROTECTION OF CERTAIN INFORMA17 TION.—Nothing in this subsection may be construed 

18 to require the Postal Service to disclose— 

19 ‘‘(A) any proprietary data, including any 

20 reference or citation to proprietary data; or 

21 ‘‘(B) any information relating to the secu22 rity of a postal facility.’’. 


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1 SEC. 203. POST OFFICE CLOSINGS, CONSOLIDATIONS, AND 

2 RESTRUCTURING. 

3 (a) MORATORIUM ON CLOSING, CONSOLIDATING, RE4 DUCING HOURS OF, OR RECLASSIFYING DOWNWARD CER5 TAIN POST OFFICES.—During the 5-year period begin6 ning on the date of enactment of this Act, the Postal Serv7 ice may not— 

8 (1) close or consolidate any post office; or 

9 (2) reduce the hours of operation of or reclas10 sify downward any post office that, as of the date 

11 of enactment of this Act, was classified at or below 

12 level 18. 

13 (b) REQUIRED PROCEDURES.—Section 404(d) of 

14 title 39, United States Code, is amended— 

15 (1) by striking ‘‘(6) For purposes of paragraph 

16 (5)’’ and inserting the following: 

17 ‘‘(7) DATE OF RECEIPT OF APPEALS.—For pur18 poses of paragraph (6)’’; 

19 (2) by striking ‘‘(5) A determination’’ and in20 serting the following: 

21 ‘‘(6) APPEALS.—A determination’’; 

22 (3) by striking ‘‘(d)(1) The Postal Service’’ and 

23 all that follows through the end of paragraph (4) 

24 and inserting the following: 

25 ‘‘(d) DISCONTINUANCE OF POST OFFICES.— 

26 ‘‘(1) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘discontinuance’ has the 

2 meaning given the term in section 241.3 of title 

3 39, Code of Federal Regulations, as in effect on 

4 November 1, 2013; 

5 ‘‘(B) the term ‘local government’ means— 

6 ‘‘(i) a county, municipality, city, town, 

7 township, local public authority, special 

8 district, intrastate district, council of gov9 ernment, or regional or interstate govern10 ment entity; 

11 ‘‘(ii) an agency or instrumentality of 

12 an entity described in clause (i); or 

13 ‘‘(iii) a rural community, an unincor14 porated town or village, or an instrumen15 tality of a rural community or an unincor16 porated town or village; and 

17 ‘‘(C) the term ‘post office’ means a post 

18 office, post office branch, post office classified 

19 station, or other facility that is operated by the 

20 Postal Service, the primary function of which is 

21 to provide retail postal services. 

22 ‘‘(2) PRELIMINARY CONSIDERATIONS.—The 

23 Postal Service, prior to making a determination 

24 under subsection (a)(3) of this section as to the neVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 cessity for the discontinuance of any post office, 

2 shall— 

3 ‘‘(A) consider whether— 

4 ‘‘(i) to discontinue the post office and 

5 combine it with another post office located 

6 within a reasonable distance; 

7 ‘‘(ii) instead of discontinuing the post 

8 office— 

9 ‘‘(I) to reduce the number of 

10 hours a day that the post office oper11 ates; or 

12 ‘‘(II) to continue operating the 

13 post office for the same number of 

14 hours a day; 

15 ‘‘(iii) to procure a contract providing 

16 full, or less than full, retail postal services 

17 in the community served by the post office; 

18 or 

19 ‘‘(iv) to provide postal services to the 

20 community served by the post office— 

21 ‘‘(I) through a letter carrier uti22 lizing mobile technologies, as feasible; 

23 ‘‘(II) by colocating postal services 

24 at a commercial or government entity; 

25 or 


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1 ‘‘(III) by implementing an alter2 native proposal made by a local gov3 ernment under subparagraph (B)(iii); 

4 ‘‘(B) provide— 

5 ‘‘(i) relevant information on financial 

6 costs associated with the operations of the 

7 post office to postal customers and local 

8 governments served by the post office; 

9 ‘‘(ii) postal customers served by the 

10 post office an opportunity to present their 

11 views, which may be by nonbinding survey 

12 conducted by mail; and 

13 ‘‘(iii) local governments served by the 

14 post office an opportunity to present alter15 native proposals for providing postal serv16 ices to the community, including the fur17 nishing of property or services to the Post18 al Service to maintain the same level of 

19 postal services in the community; and 

20 ‘‘(C) if the Postal Service determines to 

21 discontinue the post office, provide adequate 

22 public notice of its intention to discontinue the 

23 post office at least 60 days prior to the pro24 posed date of the discontinuance to persons and 

25 local governments served by the post office. 


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1 ‘‘(3) CONSIDERATIONS.—The Postal Service, in 

2 making a determination whether or not to dis3 continue a post office— 

4 ‘‘(A) shall consider— 

5 ‘‘(i) the effect of the discontinuance 

6 on the community served by the post of7 fice; 

8 ‘‘(ii) the effect of the discontinuance 

9 on businesses, including small businesses, 

10 in the area; 

11 ‘‘(iii) the effect of the discontinuance 

12 on employees of the Postal Service em13 ployed at the post office; 

14 ‘‘(iv) whether the discontinuance 

15 would have a significant adverse effect on 

16 regular postal services to rural areas, com17 munities, and small towns where post of18 fices are not self-sustaining; 

19 ‘‘(v) the extent to which the commu20 nity served by the post office lacks access 

21 to Internet, broadband, or cellular tele22 phone service; 

23 ‘‘(vi) the extent to which postal cus24 tomers served by the post office would con25 tinue after the discontinuance to receive 


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1 substantially similar access to essential 

2 items, such as prescription drugs and time3 sensitive communications; 

4 ‘‘(vii) the proximity and accessibility 

5 of other post offices; 

6 ‘‘(viii) whether substantial economic 

7 savings to the Postal Service would result 

8 from the discontinuance; and 

9 ‘‘(ix) any other factors that the Postal 

10 Service determines are necessary; 

11 ‘‘(B) may not consider compliance with 

12 any provision of the Occupational Safety and 

13 Health Act of 1970 (29 U.S.C. 651 et seq.); 

14 and 

15 ‘‘(C) may not make a determination to dis16 continue a post office unless the Postal Serv17 ice— 

18 ‘‘(i)(I) determines that postal cus19 tomers served by the post office would con20 tinue after the discontinuance to receive 

21 substantially similar access to essential 

22 items, such as prescription medications 

23 and time-sensitive communications, that 

24 are sent through the mails; or 


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1 ‘‘(II) takes action to substantially 

2 ameliorate any projected reduction in ac3 cess to essential items described in clause 

4 (i); and 

5 ‘‘(ii) determines that— 

6 ‘‘(I) there is unlikely to be sub7 stantial economic loss to the commu8 nity served by the post office as a re9 sult of the discontinuance; and 

10 ‘‘(II) the area served by the post 

11 office has adequate access to 

12 broadband Internet service, as identi13 fied on the National Broadband Map 

14 of the National Telecommunications 

15 and Information Administration. 

16 ‘‘(4) WRITTEN DETERMINATION AND FIND17 INGS.— 

18 ‘‘(A) IN GENERAL.—Any determination of 

19 the Postal Service to discontinue a post office 

20 shall— 

21 ‘‘(i) be in writing; and 

22 ‘‘(ii) include the findings of the Postal 

23 Service with respect to the considerations 

24 required to be made under paragraph (3). 


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1 ‘‘(B) AVAILABILITY OF FINDINGS.—The 

2 Postal Service shall make available, to persons 

3 served by a post office that the Postal Service 

4 determines to discontinue, any determination 

5 and findings under subparagraph (A) with re6 spect to that post office. 

7 ‘‘(C) NOTICE BEFORE DISCONTINUANCE.— 

8 The Postal Service may not take any action to 

9 discontinue a post office until 60 days after the 

10 date on which the Postal Service makes avail11 able, to persons served by the post office, the 

12 written determination and findings with respect 

13 to the post office as required under subpara14 graph (B). 

15 ‘‘(5) REDUCTIONS IN HOURS OF OPERATION.— 

16 ‘‘(A) CONSIDERATIONS.—The Postal Serv17 ice, prior to making a determination under 

18 paragraph (2)(A)(ii)(I) to reduce the number of 

19 hours per day that a post office operates, shall 

20 consider— 

21 ‘‘(i) the impact of the proposed reduc22 tion in hours on local businesses; 

23 ‘‘(ii) the effect of the proposed reduc24 tion in hours on the community served by 

25 the post office; 


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1 ‘‘(iii) the ability of the Postal Service 

2 to hire qualified employees to operate the 

3 post office during the reduced hours; 

4 ‘‘(iv) the proximity and accessibility of 

5 other post offices within 15 miles of the 

6 post office, and the hours those post offices 

7 are open; 

8 ‘‘(v) the impact of the proposed reduc9 tion in hours on the elderly and other vul10 nerable populations; and 

11 ‘‘(vi) the impact of alternative sched12 ules on the community served by the post 

13 office, including consideration of which 

14 schedules would most effectively mitigate 

15 any negative impacts identified under 

16 clauses (i) through (v). 

17 ‘‘(B) FINDINGS.—If the Postal Service de18 termines, after considering the factors under 

19 subparagraph (A), to reduce the number of 

20 hours per day that a post office operates, the 

21 Postal Service shall make available to persons 

22 served by the post office— 

23 ‘‘(i) a summary of the findings of the 

24 Postal Service under subparagraph (A); 


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1 ‘‘(ii) the hours during which the post 

2 office will be open; and 

3 ‘‘(iii) an explanation of the change in 

4 hours referred to in clause (ii).’’; 

5 (4) in paragraph (6), as so designated— 

6 (A) by striking ‘‘close or consolidate’’ and 

7 inserting ‘‘discontinue’’; 

8 (B) by striking ‘‘under paragraph (3)’’ and 

9 inserting ‘‘under paragraph (4)’’; 

10 (C) by moving subparagraphs (A), (B), 

11 and (C) 2 ems to the right; and 

12 (D) by moving the flush text following sub13 paragraph (C) 2 ems to the right; 

14 (5) in paragraph (7), as so designated, by mov15 ing subparagraphs (A) and (B) 2 ems to the right; 

16 and 

17 (6) by adding at the end the following: 

18 ‘‘(8) MINIMUM RETAIL STANDARDS.—The Post19 al Service shall establish minimum standards for re20 tail postal services.’’. 

21 (c) REPORT ON POST OFFICE DISCONTINUANCES.— 

22 (1) DEFINITION.—In this subsection, the term 

23 ‘‘moratorium’’ means the 5-year period described in 

24 subsection (a). 


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1 (2) REPORT REQUIRED.—Not later than 6 

2 years after the expiration of the moratorium, the In3 spector General of the Postal Service shall submit to 

4 each recipient described in paragraph (3) a consoli5 dated report that describes, for each post office that 

6 was discontinued under section 404 of title 39, 

7 United States Code (as amended by subsection (b)), 

8 during the 5-year period beginning on the day after 

9 the expiration of the moratorium— 

10 (A) the actual cost savings resulting from 

11 the discontinuance; and 

12 (B) a comparison between the findings de13 scribed in subparagraph (A) and the cost sav14 ings that the Postal Service predicted would re15 sult from the discontinuance. 

16 (3) RECIPIENTS.—The recipients described in 

17 this paragraph are— 

18 (A) the Postal Regulatory Commission; 

19 (B) the Board of Governors; 

20 (C) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; 

22 (D) the Committee on Oversight and Gov23 ernment Reform of the House of Representa24 tives; 


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1 (E) the Member of the House of Rep2 resentatives in whose district the post office was 

3 located; and 

4 (F) the Senators in whose State the post 

5 office was located. 

6 SEC. 204. AREA AND DISTRICT OFFICE STRUCTURE. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘area office’’ means the central of9 fice of an administrative field unit with responsibility 

10 for postal operations in a designated geographic area 

11 that is comprised of district offices; 

12 (2) the term ‘‘district office’’ means the central 

13 office of an administrative field unit with responsi14 bility for postal operations in a designated geo15 graphic area (as defined under regulations, direc16 tives, or other guidance of the Postal Service, as in 

17 effect on January 1, 2013); and 

18 (3) the term ‘‘State’’ includes the District of 

19 Columbia, the Commonwealth of Puerto Rico, the 

20 United States Virgin Islands, Guam, American 

21 Samoa, the Commonwealth of the Northern Mariana 

22 Islands, and any other territory or possession of the 

23 United States. 

24 (b) PLAN REQUIRED.—Not later than 1 year after 

25 the date of enactment of this Act, the Postal Service shall 


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1 submit to the Committee on Homeland Security and Gov2 ernmental Affairs of the Senate and the Committee on 

3 Oversight and Government Reform of the House of Rep4 resentatives a comprehensive strategic plan for an area of5 fice and district office structure that will— 

6 (1) be efficient and cost effective; 

7 (2) not substantially and adversely affect the 

8 operations of the Postal Service; and 

9 (3) reduce the total number of area and district 

10 offices. 

11 (c) IMPLEMENTATION.—Not later than 60 days after 

12 the date on which the Postal Service submits the plan 

13 under subsection (b), the Postal Service shall begin imple14 menting the plan, including, where appropriate, by consoli15 dating area and district offices. 

16 (d) STATE LIAISON.—If the Postal Service does not 

17 maintain a district office in a State, the Postal Service 

18 shall designate at least 1 employee of the district office 

19 responsible for Postal Service operations in the State to 

20 represent the needs of Postal Service customers in the 

21 State. An employee designated under this subsection to 

22 represent the needs of Postal Service customers in a State 

23 shall be located in that State. 


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1 SEC. 205. SERVICE STANDARDS AND PERFORMANCE RAT2 INGS. 

3 (a) SERVICE STANDARDS AND PERFORMANCE RAT4 INGS.— 

5 (1) IN GENERAL.—Section 3691 of title 39, 

6 United States Code, is amended to read as follows: 

7 ‘‘§ 3691. Modern service standards and performance 

8 ratings 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘Commission’ means the Postal 

11 Regulatory Commission; 

12 ‘‘(2) the term ‘national service standards’ 

13 means the service standards established by the Com14 mission under subsection (b); 

15 ‘‘(3) the term ‘performance targets’ means the 

16 targets established by the Commission under sub17 section (e)(1)(A); and 

18 ‘‘(4) the terms ‘urban’, ‘suburban’, and ‘rural’ 

19 have the meanings given those terms under regula20 tions promulgated by the Commission under sub21 section (e)(1)(B). 

22 ‘‘(b) AUTHORITY GENERALLY.— 

23 ‘‘(1) ESTABLISHMENT; REVISION.—The Postal 

24 Service, in consultation with the Commission as pro25 vided under paragraph (2), shall by regulation estab26 lish and regularly revise a uniform set of national 


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1 service standards for market-dominant products 

2 based on— 

3 ‘‘(A) the finances of the Postal Service; 

4 ‘‘(B) the ability of the Postal Service to 

5 meet the national service standards; and 

6 ‘‘(C) the ability of Postal Service cus7 tomers to receive fair and reliable service. 

8 ‘‘(2) PRC ADVISORY OPINION.— 

9 ‘‘(A) REQUEST FOR ADVISORY OPINION.— 

10 If the Postal Service determines that there 

11 should be a change in the national service 

12 standards, the Postal Service shall submit a 

13 proposal to the Commission requesting an advi14 sory opinion on the change in accordance with 

15 subparagraph (B). 

16 ‘‘(B) APPLICABILITY OF SECTION 3661.— 

17 Section 3661 shall apply to a request for an ad18 visory opinion under subparagraph (A) of this 

19 paragraph, except that the Postal Service may 

20 not implement a proposed national service 

21 standard earlier than the date that is 60 days 

22 after the date on which the Postal Service sub23 mits to the President and Congress the re24 sponse to the advisory opinion of the CommisVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 sion on the proposal required under section 

2 3661(b)(3). 

3 ‘‘(c) OBJECTIVES.—The national service standards 

4 shall be designed to achieve the following objectives: 

5 ‘‘(1) To ensure that the Postal Service meets 

6 the universal service obligation, including the obliga7 tion to preserve regular and effective access to postal 

8 services in all communities, including those in rural 

9 areas or where post offices are not self-sustaining. 

10 ‘‘(2) To enhance the value of postal services to 

11 both senders and recipients. 

12 ‘‘(3) To reasonably assure Postal Service cus13 tomers delivery reliability, speed and frequency con14 sistent with reasonable rates and best business prac15 tices. 

16 ‘‘(4) To provide a system of objective perform17 ance measurements for each market-dominant prod18 uct as a basis for measurement of Postal Service 

19 performance, in accordance with subsection (e). 

20 ‘‘(5) To ensure that performance is as strong as 

21 possible under the applicable national service stand22 ard. 

23 ‘‘(d) FACTORS.—In establishing or revising the na24 tional service standards, the Postal Service shall take into 

25 account— 


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1 ‘‘(1) the actual level of service that Postal Serv2 ice customers receive under any service guidelines 

3 previously established by the Postal Service or serv4 ice standards established under this section; 

5 ‘‘(2) the degree of customer satisfaction with 

6 Postal Service performance in the acceptance, proc7 essing, and delivery of mail; 

8 ‘‘(3) the needs of Postal Service customers, in9 cluding those with physical impairments; 

10 ‘‘(4) mail volume and revenues projected for fu11 ture years; 

12 ‘‘(5) the projected growth in the number of ad13 dresses the Postal Service will be required to serve 

14 in future years; 

15 ‘‘(6) the current and projected future cost of 

16 serving Postal Service customers; 

17 ‘‘(7) the effect of changes in technology, demo18 graphics, and population distribution on the efficient 

19 and reliable operation of the postal delivery system; 

20 and 

21 ‘‘(8) the policies of this title and such other fac22 tors as the Postal Service determines appropriate. 

23 ‘‘(e) PERFORMANCE TARGETS, RATINGS, AND PUBLI24 CATION.— 

25 ‘‘(1) PERFORMANCE TARGETS.— 


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1 ‘‘(A) ANNUAL PERFORMANCE TARGETS.— 

2 Each year, the Commission, in consultation 

3 with the Postal Service, shall by regulation es4 tablish reasonable targets for performance to 

5 ensure that mail service for all postal customers 

6 meets the national service standards. 

7 ‘‘(B) DEFINITION OF URBAN, SUBURBAN, 

8 AND RURAL.—For purposes of establishing per9 formance targets, the Commission— 

10 ‘‘(i) shall promulgate regulations to 

11 define the terms ‘urban’, ‘suburban’, and 

12 ‘rural’; 

13 ‘‘(ii) in defining the terms under 

14 clause (i), shall— 

15 ‘‘(I) consider— 

16 ‘‘(aa) the recommendations 

17 of the report submitted to the 

18 Commission under section 201(e) 

19 of the Improving Postal Oper20 ations, Service, and Trans21 parency Act of 2015; and 

22 ‘‘(bb) existing definitions of 

23 those terms that are in use by 

24 the Postal Service, the Federal 


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1 Government, and other sources; 

2 and 

3 ‘‘(II) incorporate stakeholder 

4 input; and 

5 ‘‘(iii) shall categorize each 3-digit zip 

6 code area as an urban, suburban, or rural 

7 community. 

8 ‘‘(2) PERFORMANCE RATINGS.—The Commis9 sion shall rate the performance of the Postal Service 

10 with respect to— 

11 ‘‘(A) each 3-digit zip code area, postal dis12 trict, and operational area; 

13 ‘‘(B) all postal districts— 

14 ‘‘(i) by urban, suburban, or rural cat15 egory; and 

16 ‘‘(ii) nationwide; 

17 ‘‘(C) all operational areas— 

18 ‘‘(i) by urban, suburban, or rural cat19 egory; and 

20 ‘‘(ii) nationwide; 

21 ‘‘(D) market-dominant products nation22 wide; and 

23 ‘‘(E) first-class mail nationwide. 

24 ‘‘(3) PUBLICATION.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Postal Service shall publish on 

3 the website of the Postal Service the ratings re4 corded under paragraph (2)— 

5 ‘‘(i) covering a period of not less than 

6 24 months; and 

7 ‘‘(ii) categorized in accordance with 

8 that paragraph. 

9 ‘‘(B) COMMERCIALLY SENSITIVE OR PRO10 PRIETARY INFORMATION.—To the extent that 

11 the Postal Service considers any information re12 quired to be reported under subparagraph (A) 

13 to be commercially sensitive or proprietary in 

14 nature, the Commission shall determine the 

15 level of information that shall be publicly dis16 closed. 

17 ‘‘(f) REVIEW UPON COMPLAINT.—The regulations 

18 promulgated pursuant to this section (and any revisions 

19 thereto), and any violations thereof, shall be subject to re20 view upon complaint under sections 3662 and 3663. 

21 ‘‘(g) NONCOMPLIANCE WITH PERFORMANCE TAR22 GETS.— 

23 ‘‘(1) IN GENERAL.—If the Postal Service fails 

24 to meet the performance targets, the Commission 

25 shall require the Postal Service to develop a plan to 


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1 make specific operational corrections under the con2 trol of the Postal Service that will cause the per3 formance targets to be met within 1 year of the date 

4 of noncompliance. 

5 ‘‘(2) POSTAL SERVICE SUBMISSION OF PLAN.— 

6 Not later than 180 days after the date of noncompli7 ance, the Postal Service shall submit the plan re8 quired under paragraph (1) to the Commission. 

9 ‘‘(3) COMMISSION CONSIDERATION OF POSTAL

10 SERVICE PLAN.— 

11 ‘‘(A) IN GENERAL.—The Commission shall 

12 determine whether the plan submitted by the 

13 Postal Service under paragraph (2) is sufficient 

14 to improve performance to meet the perform15 ance targets. 

16 ‘‘(B) REMAND.—If the Commission deter17 mines under subparagraph (A) that the Postal 

18 Service plan is not sufficient, the Commission 

19 may remand the plan to the Postal Service for 

20 revision. 

21 ‘‘(C) REVISION.—If the Commission re22 mands a plan to the Postal Service under sub23 paragraph (B), the Postal Service shall have 30 

24 days to revise and resubmit the plan to the 

25 Commission. 


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1 ‘‘(4) POSTAL SERVICE IMPLEMENTATION OF

2 PLAN.—Not later than 180 days after the date on 

3 which the Commission approves a plan of the Postal 

4 Service under paragraph (3), the Postal Service shall 

5 fully implement the plan. 

6 ‘‘(h) PERIODIC REVIEW OF SERVICE STANDARDS.— 

7 The Commission shall periodically— 

8 ‘‘(1) review the appropriateness of the national 

9 service standards; and 

10 ‘‘(2) submit to Congress a report on the review 

11 conducted under paragraph (1).’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of sections for subchapter VII of 

14 chapter 36 of title 39, United States Code, is 

15 amended by striking the item relating to section 

16 3691 and inserting the following: 

‘‘3691. Modern service standards and performance ratings.’’. 

17 (b) REPORT TO CONGRESS.—Not later than 180 days 

18 after the date on which the report is submitted to the 

19 Commission under section 201(e)(2), the Commission 

20 shall submit to Congress an extensive report that in21 cludes— 

22 (1) a determination as to whether the service 

23 standards for market-dominant products in effect on 

24 the day before the date of enactment of this Act 

25 achieve the objectives and factors set forth under 


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1 section 3691 of title 39, United States Code, as 

2 amended by this section; and 

3 (2) recommendations as to how delivery service 

4 to postal customers could be improved based on the 

5 financial condition of the Postal Service. 

6 (c) TEMPORARY FLOOR FOR SERVICE STANDARDS.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 during the 5-year period beginning on the date of 

9 enactment of this Act, the Postal Service may not 

10 revise the service standards for market-dominant 

11 products in a manner that lengthens delivery times. 

12 (2) AUTHORITY OF COMMISSION TO EXTEND

13 TEMPORARY FLOOR.—The Commission may extend 

14 the 5-year period described in paragraph (1) by any 

15 length of time that the Commission determines ap16 propriate if, as of the last day of that period, the 

17 Commission determines that the Postal Service is 

18 not meeting the performance targets established 

19 under subsection (e) of section 3691 of title 39, 

20 United States Code, as added by this section. 

21 SEC. 206. CONVERSION OF DOOR DELIVERY POINTS. 

22 (a) VOLUNTARY NATURE OF DELIVERY CONVER23 SION.—Nothing in section 3692 of title 39, United States 

24 Code, as added by subsection (b), shall be construed to 

25 authorize the Postal Service to convert the primary mode 


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1 of mail delivery of a postal customer without the consent 

2 of the postal customer. 

3 (b) AMENDMENT TO TITLE 39, UNITED STATES

4 CODE.— 

5 (1) IN GENERAL.—Subchapter VII of chapter 

6 36 of title 39, United States Code, is amended by 

7 adding at the end the following: 

8 ‘‘§ 3692. Delivery point modernization 

9 ‘‘(a) DEFINITIONS.—In this section, the following 

10 definitions shall apply: 

11 ‘‘(1) CENTRALIZED DELIVERY.—The term ‘cen12 tralized delivery’ means a primary mode of mail de13 livery whereby mail is delivered to a group or cluster 

14 of mail receptacles at a single location. 

15 ‘‘(2) CURBSIDE DELIVERY.—The term ‘curbside 

16 delivery’ means a primary mode of mail delivery 

17 whereby mail is delivered to a mail receptacle that 

18 is situated at the edge of a public sidewalk abutting 

19 a road or curb, at a road, or at a curb. 

20 ‘‘(3) DELIVERY POINT.—The term ‘delivery 

21 point’ means a mailbox or other receptacle to which 

22 mail is delivered. 

23 ‘‘(4) DISTRICT OFFICE.—The term ‘district of24 fice’ means the central office of an administrative 

25 field unit with responsibility for postal operations in 


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1 a designated geographic area (as defined under reg2 ulations, directives, or other guidance of the Postal 

3 Service). 

4 ‘‘(5) DOOR DELIVERY.—The term ‘door deliv5 ery’— 

6 ‘‘(A) means a primary mode of mail deliv7 ery whereby mail is— 

8 ‘‘(i) delivered to a mail receptacle at 

9 or near a postal customer’s door; or 

10 ‘‘(ii) hand-delivered to a postal cus11 tomer; and 

12 ‘‘(B) does not include curbside or central13 ized delivery. 

14 ‘‘(6) PRIMARY MODE OF MAIL DELIVERY.—The 

15 term ‘primary mode of mail delivery’ means the typ16 ical method by which the Postal Service delivers mail 

17 to the delivery point of a postal customer. 

18 ‘‘(b) POLICY.—Except as otherwise provided in this 

19 section, including paragraphs (4) and (5) of subsection 

20 (c), it shall be the policy of the Postal Service to use the 

21 primary mode of mail delivery that is most cost effective 

22 and is in the best long-term interest of the Postal Service. 

23 ‘‘(c) CONVERSION TO OTHER DELIVERY MODES.— 

24 ‘‘(1) NEW ADDRESSES.—Except as provided in 

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1 vide centralized delivery to new addresses established 

2 after the date of enactment of the Improving Postal 

3 Operations, Service, and Transparency Act of 2015, 

4 or if centralized delivery is not practicable shall pro5 vide curbside delivery. 

6 ‘‘(2) BUSINESS ADDRESS CONVERSION.—The 

7 Postal Service shall carry out a program to convert, 

8 on a voluntary basis, business addresses with door 

9 delivery on the date of enactment of the Improving 

10 Postal Operations, Service, and Transparency Act of 

11 2015 to centralized delivery or to curbside delivery. 

12 ‘‘(3) RESIDENTIAL ADDRESS CONVERSION.— 

13 ‘‘(A) IDENTIFICATION.—Not later than 

14 270 days after the date of enactment of the Im15 proving Postal Operations, Service, and Trans16 parency Act of 2015, the head of each district 

17 office of the Postal Service shall identify resi18 dential addresses within the service area of the 

19 district office that are appropriate candidates 

20 for conversion from door delivery to a more 

21 cost-effective primary mode of delivery, in ac22 cordance with standards established by the 

23 Postal Service. 

24 ‘‘(B) VOLUNTARY CONVERSION.—Not later 

25 than 1 year after the date of enactment of the 


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1 Improving Postal Operations, Service, and 

2 Transparency Act of 2015, and consistent with 

3 subsection (b) and paragraph (4), the Postal 

4 Service shall begin implementation of a pro5 gram to convert, on a voluntary basis, the ad6 dresses identified under subparagraph (A) from 

7 door delivery to a more cost-effective primary 

8 mode of delivery. 

9 ‘‘(C) PROCEDURES.—In pursuing conver10 sion under subparagraph (B), the Postal Serv11 ice shall establish procedures to— 

12 ‘‘(i) solicit and consider input from 

13 postal customers, State and local govern14 ments, local associations, and property 

15 owners; and 

16 ‘‘(ii) place centralized delivery points 

17 in locations that maximize delivery effi18 ciency, ease of use for postal customers, 

19 and respect for private property rights. 

20 ‘‘(4) EXCEPTIONS.—In establishing a primary 

21 mode of mail delivery for new addresses under para22 graph (1) or converting the primary mode of mail 

23 delivery for an address under paragraph (2) or (3), 

24 the Postal Service may provide door delivery if— 


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1 ‘‘(A) a physical barrier precludes the effi2 cient provision of centralized delivery or 

3 curbside delivery; 

4 ‘‘(B) the address is located in a registered 

5 historic district, as that term is defined in sec6 tion 47(c)(3)(B) of the Internal Revenue Code 

7 of 1986; or 

8 ‘‘(C) the Postal Service determines that 

9 the provision of centralized delivery or curbside 

10 delivery would be impractical, would not be cost 

11 effective, or would not be in the best long-term 

12 interest of the Postal Service. 

13 ‘‘(5) WAIVER FOR PHYSICAL HARDSHIP.— 

14 ‘‘(A) IN GENERAL.—The Postal Service 

15 shall establish and maintain a waiver program 

16 under which, upon the application of a postal 

17 customer, door delivery may be continued or 

18 provided to a delivery point if— 

19 ‘‘(i) centralized delivery or curbside 

20 delivery would, but for this paragraph, be 

21 the primary mode of mail delivery for the 

22 delivery point; and 

23 ‘‘(ii) a physical hardship prevents the 

24 postal customer from receiving his or her 


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1 mail through any other form of mail deliv2 ery. 

3 ‘‘(B) PUBLICITY; SIMPLICITY.—In estab4 lishing and maintaining the waiver program 

5 under subparagraph (A), the Postal Service 

6 shall— 

7 ‘‘(i) publicize the waiver program; and 

8 ‘‘(ii) provide a simple application 

9 process for participation in the waiver pro10 gram. 

11 ‘‘(C) POSTAL SERVICE DISCRETION.— 

12 Nothing in this paragraph shall be construed 

13 to— 

14 ‘‘(i) prohibit the Postal Service from 

15 requiring evidence of a physical hardship 

16 in an appropriate case; or 

17 ‘‘(ii) require the Postal Service to re18 quire evidence of a physical hardship in 

19 any case. 

20 ‘‘(D) NO FEES FOR APPLICATION OR DOOR

21 DELIVERY.—In establishing and maintaining 

22 the waiver program under subparagraph (A), 

23 the Postal Service may not charge a postal cus24 tomer any fee to— 

25 ‘‘(i) apply for a waiver; or 


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1 ‘‘(ii) upon the granting of a waiver by 

2 the Postal Service, receive mail through 

3 door delivery.’’. 

4 (c) CLERICAL AMENDMENT.—The table of sections 

5 for subchapter VII of chapter 36 of title 39, United States 

6 Code, is amended by adding at the end the following: 

‘‘3692. Delivery point modernization.’’. 

7 SEC. 207. FLEET MAINTENANCE REPORTING AND ALTER8 NATIVE FUEL AND EMERGING TECH9 NOLOGIES DEMONSTRATION PROGRAM. 

10 (a) DEFINITIONS.—In this section— 

11 (1) the term ‘‘alternative fuel infrastructure’’ 

12 means motor vehicle fueling infrastructure and 

13 equipment capable of providing alternative fuel for 

14 an alternative fuel vehicle; 

15 (2) the term ‘‘alternative fuel vehicle’’ means a 

16 motor vehicle that uses— 

17 (A) electricity, including a— 

18 (i) plug-in electric vehicle; or 

19 (ii) hybrid electric vehicle; 

20 (B) natural gas; 

21 (C) propane; 

22 (D) hydrogen; or 

23 (E) biodiesel, using a B20 minimum stand24 ard or better; 


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1 (3) the term ‘‘emerging technologies’’ in2 cludes— 

3 (A) collision aversion technologies; and 

4 (B) vehicle designs that address geographic 

5 and weather conditions; and 

6 (4) the term ‘‘pilot program’’ means the pilot 

7 program implemented under subsection (b)(1). 

8 (b) IMPLEMENTATION; DURATION.— 

9 (1) IMPLEMENTATION.—Not later than 180 

10 days after the date of enactment of this Act, the 

11 Postal Service shall implement a pilot program to 

12 assess the feasibility of integrating alternative fuel 

13 vehicles and emerging technologies into the postal 

14 fleet. 

15 (2) DURATION.—The Postal Service shall carry 

16 out the pilot program for a period of not less than 

17 1 year. 

18 (c) LOCATIONS.—The Postal Service shall deploy and 

19 assess 2 types of alternative fuel vehicles described in sub20 paragraphs (A) through (F) of subsection (a)(2), that are 

21 not being deployed or assessed as of the date of enactment 

22 of this Act, and any relevant emerging technologies, in the 

23 postal fleet in not fewer than 2 locations that— 


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1 (1) have existing or planned alternative fuel in2 frastructure appropriate to the alternative fuel vehi3 cle being assessed under the pilot program; 

4 (2) have support from the applicable State and 

5 local governments and other stakeholders, including 

6 utility companies; and 

7 (3) demonstrate a commitment to alternative 

8 fuel vehicle uptake and deployment. 

9 (d) REINVESTMENT OF COST SAVINGS.—The Postal 

10 Service shall use any cost savings from the pilot pro11 gram— 

12 (1) to repay any obligation issued under section 

13 2005(a) of title 39, United States Code; and 

14 (2) after repaying any obligation described in 

15 paragraph (1), to fund innovation efforts for mar16 ket-dominant products of the Postal Service. 

17 (e) REPORT.—Not later than 90 days after the date 

18 on which the Postal Service terminates the pilot program, 

19 the Postal Service shall complete and submit to Congress 

20 a report on the results of the pilot program, including an 

21 assessment of the feasibility of integrating alternative fuel 

22 vehicles into the postal fleet in conjunction with the future 

23 acquisition of the Next Generation of Delivery Vehicles 

24 (commonly known as ‘‘NGDV’’), including assessments 

25 of— 


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1 (1) the ability of alternative fuel vehicles to— 

2 (A) reduce the cost of vehicle operation, in3 cluding fuel costs and other operation and 

4 maintenance costs, in the postal fleet; 

5 (B) improve the environmental perform6 ance of vehicles in the postal fleet, including by 

7 reducing air emissions to comply with standards 

8 established by the Administrator of the Envi9 ronmental Protection Agency under the Clean 

10 Air Act (42 U.S.C. 7401 et seq.); 

11 (C) create an alternative source of revenue 

12 for the Postal Service; and 

13 (D) provide additional economic and envi14 ronmental benefits to the communities sur15 rounding the pilot sites; and 

16 (2) the availability of alternative fuel infrastruc17 ture to support an expanded integration of alter18 native fuel vehicles into the postal fleet. 

19 (f) FLEET MODERNIZATION.— 

20 (1) GAO REPORT.—Not later than 1 year after 

21 the date of enactment of this Act, the Comptroller 

22 General of the United States shall study and submit 

23 to Congress a report on— 

24 (A) the feasibility of the Postal Service de25 signing mail delivery vehicles that are equipped 


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1 for diverse geographic conditions such as travel 

2 in rural areas and extreme weather conditions; 

3 and 

4 (B) the feasibility and cost of the Postal 

5 Service integrating the use of collision-averting 

6 technology into its vehicle fleet. 

7 (2) POSTAL SERVICE REPORT.—Not later than 

8 1 year after the date of enactment of this Act, the 

9 Postal Service shall submit to Congress a report 

10 that includes— 

11 (A) a review of the efforts of the Postal 

12 Service relating to fleet replacement and mod13 ernization; and 

14 (B) a strategy for carrying out the fleet re15 placement and lifecycle plan of the Postal Serv16 ice. 

17 SEC. 208. MULTI-BROKER LEASE OF POSTAL SERVICE FA18 CILITIES. 

19 (a) IN GENERAL.—Chapter 20 of title 39, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 2012. Multi-broker lease of Postal Service facilities 

23 ‘‘(a) DEFINITION.—In this section, the term ‘multi24 broker contract vehicle’ means a contract vehicle, similar 

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1 ices Administration, that encourages competition through 

2 the use of multiple national real estate companies. 

3 ‘‘(b) REQUIREMENT TO USE MULTI-BROKER

4 LEASE.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), the Postal Service shall use a multi7 broker contract vehicle to acquire any leased prop8 erty. 

9 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

10 apply to a leased property— 

11 ‘‘(A) that the Postal Service acquired be12 fore the date of enactment of the Improving 

13 Postal Operations, Service, and Transparency 

14 Act of 2015; and 

15 ‘‘(B) the lease for which the Postal Service 

16 renews, using its own resources, on or after the 

17 date of enactment of the Improving Postal Op18 erations, Service, and Transparency Act of 

19 2015.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 20 of title 39, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

‘‘2012. Multi-broker lease of Postal Service facilities.’’. 

24 SEC. 209. CAPITOL COMPLEX POST OFFICES. 

25 (a) HOUSE OF REPRESENTATIVES.— 


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1 (1) IN GENERAL.—The Postal Service shall not 

2 maintain or operate more than 1 post office in the 

3 United States Capitol Complex, as defined in section 

4 310(a)(3)(B) of the Legislative Branch Appropria5 tions Act, 1990 (2 U.S.C. 2172(a)(3)(B)), which 

6 shall be located in a House Office Building. 

7 (2) CLOSING OF CAPITOL POST OFFICES.—The 

8 Postal Service shall close any post office in the 

9 United States Capitol Complex, as defined in section 

10 310(a)(3)(B) of the Legislative Branch Appropria11 tions Act, 1990 (2 U.S.C. 2172(a)(3)(B)), not per12 mitted under this subsection, without regard to the 

13 requirements under section 404(d) of title 39, 

14 United States Code. 

15 (b) SENATE.— 

16 (1) IN GENERAL.—The Sergeant at Arms and 

17 Doorkeeper of the Senate may not enter into, mod18 ify, or renew a contract with the Postal Service to 

19 maintain or operate more than 1 post office in a 

20 Senate Office Building. 

21 (2) EXISTING CONTRACTS.—Nothing in para22 graph (1) may be construed to affect a contract en23 tered into by the Sergeant at Arms and Doorkeeper 

24 of the Senate and the Postal Service before the date 

25 of enactment of this Act. 


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1 TITLE III—POSTAL SERVICE 

2 REVENUE AND INNOVATION 

3 SEC. 301. RATES. 

4 (a) ESTABLISHMENT OF RATE BASELINE AND TEM5 PORARY FREEZE.—The rates for market-dominant prod6 ucts in effect on September 30, 2015— 

7 (1) shall be in effect on and after the date of 

8 enactment of this Act unless adjusted in accordance 

9 with section 3622 of title 39, United States Code, as 

10 amended by subsection (b)(2) of this section; and 

11 (2) may not be adjusted before January 1, 

12 2018. 

13 (b) ESTABLISHMENT OF NEW SYSTEM.— 

14 (1) IN GENERAL.—Not later than January 1, 

15 2018, the Commission— 

16 (A) shall by regulation establish a new sys17 tem for regulating rates and classes for market18 dominant products under section 3622 of title 

19 39, United States Code, as amended by para20 graph (2) of this subsection; and 

21 (B) in establishing the new system, may 

22 consider any rate increases that, but for the 

23 prohibition on adjustments to rates under sub24 section (a)(2) of this section, might have been 


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1 applied during the period during which the pro2 hibition was in effect. 

3 (2) NEW PRINCIPLES.—Section 3622(c) of title 

4 39, United States Code, is amended— 

5 (A) in paragraph (13), by striking ‘‘and’’ 

6 at the end; 

7 (B) by redesignating paragraph (14) as 

8 paragraph (15); and 

9 (C) by inserting after paragraph (13) the 

10 following: 

11 ‘‘(14) the service standards established under 

12 section 3691 and the extent to which the Postal 

13 Service is meeting those standards in all commu14 nities, including urban, suburban, and rural commu15 nities; and’’. 

16 SEC. 302. POSTAL COSTING SYSTEM. 

17 Not later than 1 year after the date of enactment 

18 of this Act, the Commission, in consultation with the Post19 al Service and in conjunction with the establishment of 

20 a new system for regulating rates and classes for market21 dominant products under section 3622 of title 39, United 

22 States Code (as amended by section 301(b)(2) of this 

23 Act), shall by regulation direct the Postal Service to up24 date its existing costing methodologies as necessary and 

25 appropriate to effectuate the changes to mail processing 


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1 technologies and cost tracking that have occurred in re2 cent years or are reasonably expected to occur in the fore3 seeable future. 

4 SEC. 303. NONPOSTAL SERVICES. 

5 (a) AUTHORIZATION OF NEW NONPOSTAL SERV6 ICES.— 

7 (1) IN GENERAL.—Section 404 of title 39, 

8 United States Code, as amended by this Act, is 

9 amended— 

10 (A) in subsection (a)— 

11 (i) by redesignating paragraphs (6) 

12 through (8) as paragraphs (7) through (9), 

13 respectively; and 

14 (ii) by inserting after paragraph (5) 

15 the following: 

16 ‘‘(6) on and after the date of enactment of the 

17 Improving Postal Operations, Service, and Trans18 parency Act of 2015, except as provided in sub19 section (e) and subject to subsection (h)— 

20 ‘‘(A) to provide other services that are not 

21 postal services, if the provision of such serv22 ices— 

23 ‘‘(i) uses the processing, transpor24 tation, delivery, retail network, or tech25 nology of the Postal Service; 


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1 ‘‘(ii) is consistent with the public in2 terest and demonstrated likely public de3 mand for— 

4 ‘‘(I) the Postal Service, rather 

5 than another entity, to provide the 

6 services; or 

7 ‘‘(II) the Postal Service, in addi8 tion to or in partnership with another 

9 entity, to provide the services; 

10 ‘‘(iii) would not create unfair competi11 tion with the private sector, taking into 

12 consideration the extent to which the Post13 al Service will not, either by legal obliga14 tion or voluntarily, comply with any State 

15 or local laws or requirements generally ap16 plicable to the provision of such services; 

17 ‘‘(iv) does not unreasonably interfere 

18 with or detract from the value of postal 

19 services, including— 

20 ‘‘(I) the cost and efficiency of 

21 postal services; and 

22 ‘‘(II) access to postal retail serv23 ice; 

24 ‘‘(v) will be undertaken in accordance 

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1 plicable to the provision of such services; 

2 and 

3 ‘‘(vi) is reasonably expected to im4 prove the net financial position of the 

5 Postal Service, based on a market analysis 

6 conducted by or on behalf of the Postal 

7 Service; and 

8 ‘‘(B) to classify a service provided under 

9 subparagraph (A) as an experimental product 

10 subject to section 3641;’’; 

11 (B) in subsection (e)(1), by inserting ‘‘and 

12 that was offered by the Postal Service on the 

13 date of enactment of the Improving Postal Op14 erations, Service, and Transparency Act of 

15 2015’’ after ‘‘102(5)’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(g) TREATMENT OF NEW NONPOSTAL SERVICES.— 

18 For purposes of chapters 20 and 36 of this title, nonpostal 

19 services provided under subsection (a)(6) shall be treated 

20 as competitive products. 

21 ‘‘(h) FEDERAL REGULATION OF NEW NONPOSTAL

22 SERVICES.—The Postal Service shall ensure that any non23 postal service provided under subsection (a)(6) that is oth24 erwise subject to the jurisdiction and regulation of a Fed25 eral regulatory agency remains subject to the jurisdiction 


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1 and regulation of the Federal regulatory agency notwith2 standing the fact that the nonpostal service is provided 

3 by the Postal Service.’’. 

4 (2) COMPLAINTS.—Section 3662(a) of title 39, 

5 United States Code, is amended by inserting 

6 ‘‘404(a)(6),’’ after ‘‘403(c),’’. 

7 (3) MARKET ANALYSIS.—During the 5-year pe8 riod beginning on the date of enactment of this Act, 

9 not later than 7 days after the date on which any 

10 market analysis conducted under section 

11 404(a)(6)(A)(vi) of title 39, United States Code, as 

12 amended by this section, is completed, the Postal 

13 Service shall submit a copy of the market analysis 

14 to— 

15 (A) the Commission; 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; and 

18 (C) the Committee on Oversight and Gov19 ernment Reform of the House of Representa20 tives. 

21 (b) GOVERNMENTAL SERVICES.—Section 411 of title 

22 39, United States Code, is amended— 

23 (1) in the second sentence, by striking ‘‘this 

24 section’’ and inserting ‘‘this subsection’’; 


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1 (2) by striking ‘‘Executive agencies’’ and insert2 ing ‘‘(a) FEDERAL GOVERNMENT.—Executive agen3 cies’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(b) STATE, LOCAL, AND TRIBAL GOVERNMENTS.— 

6 ‘‘(1) AUTHORITY OF POSTAL SERVICE.—The 

7 Postal Service is authorized to furnish property and 

8 services to States, local governments, and tribal gov9 ernments, under such terms and conditions as the 

10 Postal Service and the applicable State, local govern11 ment, or tribal government shall determine appro12 priate. 

13 ‘‘(2) DEFINITIONS.—For purposes of this sub14 section— 

15 ‘‘(A) the term ‘local government’ means— 

16 ‘‘(i) a county, municipality, city, town, 

17 township, local public authority, school dis18 trict, special district, intrastate district, 

19 council of governments, or regional or 

20 interstate government entity; 

21 ‘‘(ii) an agency or instrumentality of 

22 an entity described in clause (i); or 

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1 tality of a rural community or an unincor2 porated town or village; 

3 ‘‘(B) the term ‘State’ includes the District 

4 of Columbia, the Commonwealth of Puerto 

5 Rico, the United States Virgin Islands, Guam, 

6 American Samoa, the Commonwealth of the 

7 Northern Mariana Islands, and any other terri8 tory or possession of the United States; and 

9 ‘‘(C) the term ‘tribal government’ means 

10 the government of an Indian tribe, as that term 

11 is defined in section 4(e) of the Indian Self-De12 termination Act (25 U.S.C. 450b(e)). 

13 ‘‘(c) REPORT.—The Postal Service shall submit to 

14 the Postal Regulatory Commission, together with the re15 port required under section 3652, a report that details the 

16 costs and revenues of the property and services furnished 

17 by the Postal Service under this section during the period 

18 covered by the report required under section 3652. 

19 ‘‘(d) REIMBURSEMENT DETERMINATION.—In deter20 mining the possibility for reimbursement under sub21 sections (a) and (b), the Postal Service shall ensure that 

22 each property or service furnished under such subsections 

23 covers its costs attributable, as that term is defined in sec24 tion 3631(b).’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) SECTION 404(e) OF TITLE 39.—Section 

2 404(e) of title 39, United States Code, is amended— 

3 (A) by striking ‘‘(e)(1) In this’’ and insert4 ing the following: 

5 ‘‘(e) PREVIOUSLY OFFERED NONPOSTAL SERV6 ICES.— 

7 ‘‘(1) DEFINITION.—In this’’; 

8 (B) in paragraph (2), by striking ‘‘(2) 

9 Nothing’’ and inserting the following: 

10 ‘‘(2) ELIGIBLE NONPOSTAL SERVICES.—Noth11 ing’’; 

12 (C) in paragraph (3)— 

13 (i) by striking ‘‘(3) Not’’ and insert14 ing the following: 

15 ‘‘(3) REVIEW OF NONPOSTAL SERVICES.—Not’’; 

16 and 

17 (ii) by moving subparagraphs (A) and 

18 (B) 2 ems to the right; 

19 (D) in paragraph (4), by striking ‘‘(4) 

20 Any’’ and inserting the following: 

21 ‘‘(4) TERMINATION.—Any’’; and 

22 (E) by striking paragraph (5) and insert23 ing the following: 

24 ‘‘(5) DESIGNATION.—Each nonpostal service 

25 authorized under this subsection shall be designated 


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1 as market-dominant or competitive based on the des2 ignation of the nonpostal service in the Mail Classi3 fication Schedule as in effect on the date of enact4 ment of the Improving Postal Operations, Service, 

5 and Transparency Act of 2015. 

6 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

7 this subsection shall be construed to prevent the 

8 Postal Service from providing nonpostal services 

9 under subsection (a)(6).’’. 

10 (2) SECTION 3641 OF TITLE 39.—Section 3641 

11 of title 39, United States Code, is amended— 

12 (A) in subsection (b)(1), by inserting ‘‘(or 

13 the appropriate consumers in the case of non14 postal services)’’ after ‘‘users’’; 

15 (B) in the first sentence of subsection 

16 (b)(3), by striking ‘‘section 3642(b)(1)’’ and in17 serting ‘‘sections 404(g) and 3642(b)(1)’’; 

18 (C) in the second sentence of subsection 

19 (b)(3), by striking ‘‘section 3633(3)’’ and in20 serting ‘‘section 3633(a)(3)’’; 

21 (D) in subsection (e)(1), by striking 

22 ‘‘$10,000,000’’ and inserting ‘‘$50,000,000’’; 

23 and 

24 (E) in subsection (e)(2), by striking 

25 ‘‘$50,000,000’’ and inserting ‘‘$100,000,000’’. 


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1 (3) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 2003(b)(1) of title 39, United 

3 States Code, is amended by striking ‘‘postal and 

4 nonpostal services’’ and inserting ‘‘postal services, 

5 nonpostal services authorized under section 404(e), 

6 and property and services authorized under section 

7 411,’’. 

8 (d) ASSESSMENT OF WI-FI FEASIBILITY.— 

9 (1) IN GENERAL.—The Inspector General of 

10 the Postal Service shall assess the feasibility of the 

11 Postal Service providing unique services in urban 

12 and rural communities, such as providing wireless 

13 broadband Internet access service at post offices. 

14 (2) NO UNFAIR COMPETITION.—The assess15 ment conducted under paragraph (1) shall take into 

16 account the requirement under section 

17 404(a)(6)(A)(iii) of title 39, United States Code (as 

18 added by subsection (a)), that the Postal Service, in 

19 providing new nonpostal services, may not create un20 fair competition with the private sector. 

21 SEC. 304. SHIPPING OF WINE, BEER, AND DISTILLED SPIR22 ITS. 

23 (a) MAILABILITY.— 

24 (1) NONMAILABLE ARTICLES.—Section 1716(f) 

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1 ing ‘‘mails’’ and inserting ‘‘mails, except to the ex2 tent that the mailing is allowable under section 

3 3001(p) of title 39’’. 

4 (2) APPLICATION OF LAWS.—Section 1161 of 

5 title 18, United States Code, is amended by insert6 ing ‘‘, and, with respect to the mailing of distilled 

7 spirits, wine, or malt beverages (as those terms are 

8 defined in section 117 of the Federal Alcohol Admin9 istration Act (27 U.S.C. 211)), is in conformity with 

10 section 3001(p) of title 39’’ after ‘‘Register’’. 

11 (b) REGULATIONS.—Section 3001 of title 39, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘(p)(1) In this subsection, the terms ‘distilled spirits’, 

15 ‘wine’, and ‘malt beverage’ have the same meanings as in 

16 section 117 of the Federal Alcohol Administration Act (27 

17 U.S.C. 211). 

18 ‘‘(2) Distilled spirits, wine, or malt beverages shall 

19 be considered mailable if mailed— 

20 ‘‘(A) in accordance with the laws and regula21 tions of— 

22 ‘‘(i) the State, territory, or district of the 

23 United States where the sender or duly author24 ized agent initiates the mailing; and 


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1 ‘‘(ii) the State, territory, or district of the 

2 United States where the addressee or duly au3 thorized agent takes delivery; and 

4 ‘‘(B) to an addressee who is at least 21 years 

5 of age— 

6 ‘‘(i) who provides a signature and presents 

7 a valid, government-issued photo identification 

8 upon delivery; or 

9 ‘‘(ii) the duly authorized agent of whom— 

10 ‘‘(I) is at least 21 years of age; and 

11 ‘‘(II) provides a signature and pre12 sents a valid, government-issued photo 

13 identification upon delivery. 

14 ‘‘(3) The Postal Service shall prescribe such regula15 tions as may be necessary to carry out this subsection.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the earlier of— 

18 (1) the date on which the Postal Service issues 

19 regulations under section 3001(p) of title 39, United 

20 States Code, as amended by this section; and 

21 (2) the date that is 120 days after the date of 

22 enactment of this Act. 

23 (d) NO PREEMPTION OF STATE, LOCAL, OR TRIBAL

24 LAWS PROHIBITING DELIVERIES, SHIPMENTS, OR

25 SALES.—Nothing in this section, the amendments made 


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1 by this section, or any regulation promulgated under this 

2 section or the amendments made by this section, shall be 

3 construed to preempt, supersede, or otherwise limit or re4 strict any State, local, or tribal law that prohibits or regu5 lates the delivery, shipment, or sale of distilled spirits, 

6 wine, or malt beverages (as those terms are defined in sec7 tion 117 of the Federal Alcohol Administration Act (27 

8 U.S.C. 211)). 

9 SEC. 305. CHIEF INNOVATION OFFICER; INNOVATION 

10 STRATEGY. 

11 (a) CHIEF INNOVATION OFFICER.— 

12 (1) IN GENERAL.—Chapter 2 of title 39, United 

13 States Code, is amended by adding at the end the 

14 following: 

15 ‘‘§ 209. Chief innovation officer 

16 ‘‘(a) ESTABLISHMENT.—There shall be in the Postal 

17 Service a Chief Innovation Officer appointed by the Post18 master General from among officers and employees of the 

19 Postal Service. 

20 ‘‘(b) QUALIFICATIONS.—The Chief Innovation Offi21 cer shall have proven expertise and a record of accomplish22 ment in areas such as— 

23 ‘‘(1) business process management; 

24 ‘‘(2) the postal and shipping industry; 


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1 ‘‘(3) innovative product research and develop2 ment; 

3 ‘‘(4) brand marketing strategy; or 

4 ‘‘(5) new and emerging technology, including 

5 communications technology. 

6 ‘‘(c) DUTIES.—The Chief Innovation Officer shall 

7 lead the development and implementation of— 

8 ‘‘(1) innovative postal products and services, 

9 particularly products and services that use new and 

10 emerging technology, including communications 

11 technology, to improve the net financial position of 

12 the Postal Service; and 

13 ‘‘(2) nonpostal services authorized under section 

14 404(a)(6) that have the potential to improve the net 

15 financial position of the Postal Service.’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENT.—The table of sections for chapter 2 of title 

18 39, United States Code, is amended by adding at 

19 the end the following: 

‘‘209. Chief Innovation Officer.’’. 

20 (3) DEADLINE.—Not later than 90 days after 

21 the date of enactment of this Act, the Postmaster 

22 General shall appoint a Chief Innovation Officer 

23 under section 209 of title 39, United States Code, 

24 as added by paragraph (1). 


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1 (4) EXISTING RESOURCES.—The Postal Service 

2 shall fund the office of the Chief Innovation Officer 

3 established under section 209 of title 39, United 

4 States Code, as added by paragraph (1), using exist5 ing resources. 

6 (b) INNOVATION STRATEGY.— 

7 (1) INITIAL REPORT ON INNOVATION STRAT8 EGY.— 

9 (A) IN GENERAL.—Not later than 270 

10 days after the date of enactment of this Act, 

11 the Postmaster General, acting through the 

12 Chief Innovation Officer, shall submit a report 

13 that contains a comprehensive strategy (re14 ferred to in this subsection as the ‘‘innovation 

15 strategy’’) for improving the net financial posi16 tion of the Postal Service through innovation, 

17 including the offering of new postal and non18 postal services, to— 

19 (i) the Committee on Homeland Secu20 rity and Governmental Affairs of the Sen21 ate; and 

22 (ii) the Committee on Oversight and 

23 Government Reform of the House of Rep24 resentatives. 


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1 (B) MATTERS TO BE ADDRESSED.—At a 

2 minimum, the report on innovation strategy re3 quired under subparagraph (A) shall describe— 

4 (i) the specific innovative postal and 

5 nonpostal services to be developed and of6 fered by the Postal Service, including— 

7 (I) the nature of the market de8 mand to be satisfied by each product 

9 or service; and 

10 (II) the estimated date by which 

11 each product or service will be intro12 duced; 

13 (ii) the cost of developing and offering 

14 each product or service; 

15 (iii) the anticipated sales volume for 

16 each product or service; 

17 (iv) the anticipated revenues and prof18 its to be generated by each product or 

19 service; 

20 (v) the likelihood of success of each 

21 product or service and the risks associated 

22 with the development and sale of each 

23 product or service; 

24 (vi) the trends anticipated in market 

25 conditions that may affect the success of 


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1 each product or service during the 5-year 

2 period beginning on the date of the sub3 mission of the report under subparagraph 

4 (A); 

5 (vii) any innovations designed to im6 prove the net financial position of the 

7 Postal Service, other than the offering of 

8 new products and services; and 

9 (viii) the metrics that will be used to 

10 assess the effectiveness of the innovation 

11 strategy. 

12 (2) ANNUAL REPORT.— 

13 (A) IN GENERAL.—Not later than 1 year 

14 after the date of the submission of the initial 

15 report containing the innovation strategy under 

16 paragraph (1), and annually thereafter for 10 

17 years, the Postmaster General, acting through 

18 the Chief Innovation Officer, shall submit a re19 port on the implementation of the innovation 

20 strategy to— 

21 (i) the Committee on Homeland Secu22 rity and Governmental Affairs of the Sen23 ate; and 


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1 (ii) the Committee on Oversight and 

2 Government Reform of the House of Rep3 resentatives. 

4 (B) MATTERS TO BE ADDRESSED.—At a 

5 minimum, an annual report submitted under 

6 subparagraph (A) shall include— 

7 (i) an update of the initial report on 

8 innovation strategy submitted under para9 graph (1); 

10 (ii) a description of the progress made 

11 by the Postal Service in implementing the 

12 products, services, and other innovations 

13 described in the initial report on innovation 

14 strategy; and 

15 (iii) an analysis of the performance of 

16 each product, service, or other innovation 

17 described in the initial report on innovation 

18 strategy, including— 

19 (I) the revenue generated by each 

20 product or service developed in ac21 cordance with the innovation strategy 

22 under this section and the cost of de23 veloping and offering each product or 

24 service for the preceding year; 


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1 (II) trends in each market in 

2 which a product or service is intended 

3 to satisfy a demand; 

4 (III) each product or service 

5 identified in the innovation strategy 

6 that is to be discontinued, the date on 

7 which each discontinuance will occur, 

8 and the reasons for each discontinu9 ance; 

10 (IV) each alteration that the 

11 Postal Service plans to make to a 

12 product or service identified in the in13 novation strategy to address changing 

14 market conditions and an explanation 

15 of how each alteration will ensure the 

16 success of the product or service; 

17 (V) the performance of innova18 tions other than new products and 

19 services that are designed to improve 

20 the net financial position of the Postal 

21 Service; and 

22 (VI) the performance of the inno23 vation strategy according to the 

24 metrics described in paragraph 

25 (1)(B)(viii). 


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1 SEC. 306. STRATEGIC ADVISORY COMMISSION ON POSTAL 

2 SERVICE SOLVENCY, SERVICE, AND INNOVA3 TION. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—There is established in the 

6 executive branch a Strategic Advisory Commission 

7 on Postal Service Solvency, Service, and Innovation 

8 (referred to in this section as the ‘‘Advisory Com9 mission’’). 

10 (2) INDEPENDENCE.—The Advisory Commis11 sion shall not be subject to the supervision of the 

12 Board of Governors of the Postal Service (referred 

13 to in this section as the ‘‘Board of Governors’’), any 

14 Executive Committee established under section 

15 202(i) of title 39, United States Code, the Post16 master General, or any other officer or employee of 

17 the Postal Service. 

18 (b) PURPOSE.—The purpose of the Advisory Com19 mission is to— 

20 (1) provide strategic guidance to the President, 

21 Congress, the Board of Governors, the Postmaster 

22 General, and the Chief Innovation Officer on en23 hancing the long-term solvency of the Postal Service; 

24 and 


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1 (2) foster innovative thinking to address the 

2 challenges facing the Postal Service without unfairly 

3 competing with the private sector. 

4 (c) MEMBERSHIP.— 

5 (1) COMPOSITION.—The Advisory Commission 

6 shall be composed of 7 members, of whom— 

7 (A) 3 members shall be appointed by the 

8 President, who shall designate 1 member ap9 pointed under this subparagraph to serve as 

10 Chairperson of the Advisory Commission; and 

11 (B) 1 member shall be appointed by each 

12 of— 

13 (i) the majority leader of the Senate; 

14 (ii) the minority leader of the Senate; 

15 (iii) the Speaker of the House of Rep16 resentatives; and 

17 (iv) the minority leader of the House 

18 of Representatives. 

19 (2) QUALIFICATIONS.—Members of the Advi20 sory Commission shall have— 

21 (A) recognized and significant experience 

22 in such fields as business, technology, and pub23 lic administration; 

24 (B) a documented record of innovative 

25 thinking; 


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1 (C) familiarity with new and emerging 

2 technologies; and 

3 (D) experience with revitalizing organiza4 tions, corporations, or communities that experi5 enced significant financial challenges or other 

6 challenges. 

7 (3) INCOMPATIBLE OFFICES.—An individual 

8 who is appointed to the Advisory Commission may 

9 not serve as an elected official or an officer or em10 ployee of the Federal Government while serving as 

11 a member of the Advisory Commission, except in the 

12 capacity of that individual as a member of the Advi13 sory Commission. 

14 (4) DEADLINE FOR APPOINTMENT.—Each 

15 member of the Advisory Commission shall be ap16 pointed not later than 60 days after the date of en17 actment of this Act. 

18 (5) MEETINGS; QUORUM; VACANCIES.— 

19 (A) MEETINGS.—The Advisory Commis20 sion shall meet at the call of the Chairperson or 

21 a majority of the members of the Advisory 

22 Commission. 

23 (B) QUORUM.—4 members of the Advisory 

24 Commission shall constitute a quorum. 


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1 (C) VACANCIES.—Any vacancy in the Advi2 sory Commission shall not affect the powers of 

3 the Advisory Commission, but shall be filled as 

4 soon as practicable in the same manner in 

5 which the original appointment was made. 

6 (d) DUTIES AND POWERS.— 

7 (1) DUTIES.—The Advisory Commission 

8 shall— 

9 (A) study matters that the Advisory Com10 mission determines are necessary and appro11 priate to develop a strategic blueprint for the 

12 long-term solvency of the Postal Service, includ13 ing— 

14 (i) the financial, operational, and 

15 structural condition of the Postal Service; 

16 (ii) alternative strategies and business 

17 models that the Postal Service could adopt; 

18 (iii) opportunities for additional postal 

19 and nonpostal services that the Postal 

20 Service could offer; 

21 (iv) the comparative postal practices 

22 of other countries, including innovative 

23 products and services that postal services 

24 in other countries have offered, including 

25 services that respond to the increasing use 


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1 of electronic means of communication, and 

2 different approaches to mail delivery, in3 cluding rural delivery, that other countries 

4 have adopted; 

5 (v) the governance and organizational 

6 and management structures of the Postal 

7 Service; 

8 (vi) efforts by the Postal Service to 

9 recruit and retain a workforce, particularly 

10 in rural areas, capable of meeting the stra11 tegic needs of the Postal Service regarding 

12 innovation, nationwide service standards, 

13 and nationwide delivery schedules; 

14 (vii) efforts by the Postal Service to 

15 protect and enhance the provision of postal 

16 services to rural areas of the United 

17 States, including additional actions or 

18 strategies needed to meet service standards 

19 in rural areas; 

20 (viii) the morale of the workforce of 

21 the Postal Service, including strategies to 

22 improve morale; and 

23 (ix) technology that could enhance 

24 and protect postal services; and 


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1 (B) submit the report required under sub2 section (h). 

3 (2) HEARINGS.—The Advisory Commission may 

4 hold such hearings, take such testimony, and receive 

5 such evidence as is necessary to carry out this sec6 tion. 

7 (3) ACCESS TO INFORMATION.—The Advisory 

8 Commission may secure directly from the Postal 

9 Service, the Board of Governors, the Postal Regu10 latory Commission, and any other Federal depart11 ment or agency such information as the Advisory 

12 Commission considers necessary to carry out this 

13 section. Upon request of the Chairperson of the Ad14 visory Commission, the head of the department or 

15 agency shall furnish the information described in the 

16 preceding sentence to the Advisory Commission. 

17 (e) APPLICABILITY OF LAWS.—The Federal Advisory 

18 Committee Act (5 U.S.C. App.) and section 552a of title 

19 5, United States Code (commonly known as the ‘‘Privacy 

20 Act of 1974’’), shall apply to the Advisory Commission. 

21 (f) ASSISTANCE FROM FEDERAL AGENCIES.— 

22 (1) POSTAL SERVICE.—The Postmaster General 

23 shall provide to the Advisory Commission adminis24 trative support and other services for the perform25 ance of the functions of the Advisory Commission. 


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1 (2) OTHER DEPARTMENTS AND AGENCIES.—An 

2 agency of the Federal Government may provide to 

3 the Advisory Committee such services, funds, facili4 ties, staff, and other support services that the agen5 cy determines to be advisable or is otherwise author6 ized under law. 

7 (g) PERSONNEL MATTERS.— 

8 (1) ADVISORY COMMISSION MEMBERS.— 

9 (A) COMPENSATION OF MEMBERS.—Each 

10 member of the Advisory Commission shall be 

11 compensated at a rate equal to the daily equiva12 lent of the annual rate of basic pay prescribed 

13 for level IV of the Executive Schedule under 

14 section 5315 of title 5, United States Code, for 

15 each day during which the member is engaged 

16 in the actual performance of the duties of the 

17 Advisory Commission. 

18 (B) TRAVEL EXPENSES.—Each member of 

19 the Advisory Commission shall be allowed travel 

20 expenses, including per diem in lieu of subsist21 ence, at the rate authorized for employees serv22 ing intermittently in the Government service 

23 under section 5703 of title 5, United States 

24 Code, while away from home or regular place of 


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1 business in the performance of services for the 

2 Advisory Commission. 

3 (2) STAFF.— 

4 (A) APPOINTMENT AND COMPENSATION.— 

5 The Chairperson, in accordance with rules 

6 agreed upon by the Advisory Commission, shall 

7 appoint and fix the compensation of an execu8 tive director and such other personnel as may 

9 be necessary to enable the Advisory Commission 

10 to carry out the functions of the Advisory Com11 mission, without regard to the provisions of title 

12 5, United States Code, governing appointments 

13 in the competitive service, and without regard 

14 to the provisions of chapter 51 and subchapter 

15 III of chapter 53 of such title relating to classi16 fication of positions and General Schedule pay 

17 rates, except that a rate of pay fixed under this 

18 subparagraph may not exceed the annual rate 

19 of basic pay prescribed for level V of the Execu20 tive Schedule under section 5316 of title 5, 

21 United States Code. 

22 (B) DETAILEES.—Any Federal employee, 

23 including an employee of the Postal Service, 

24 may be detailed to the Advisory Commission 

25 without reimbursement, and such detail shall be 


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1 without interruption or loss of the civil service 

2 rights, status, or privilege of the employee. 

3 (h) STRATEGIC BLUEPRINT FOR LONG-TERM SOL4 VENCY.— 

5 (1) IN GENERAL.—Not later than 270 days 

6 after the date of enactment of this Act, the Advisory 

7 Commission shall submit a report that contains a 

8 strategic blueprint for the long-term solvency of the 

9 Postal Service to— 

10 (A) the President; 

11 (B) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (C) the Committee on Oversight and Gov14 ernment Reform of the House of Representa15 tives; 

16 (D) the Board of Governors; and 

17 (E) the Postmaster General. 

18 (2) CONTENTS.—The strategic blueprint con19 tained in the report submitted under paragraph (1) 

20 shall include— 

21 (A) an assessment of the business model of 

22 the Postal Service as of the date on which the 

23 report is submitted; 


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1 (B) an assessment of potential future busi2 ness models for the Postal Service, including an 

3 evaluation of the appropriate balance between— 

4 (i) necessary reductions in costs and 

5 services; and 

6 (ii) additional opportunities for 

7 growth and revenue; 

8 (C) a strategy for addressing significant 

9 current and future liabilities; 

10 (D) identification of opportunities for fur11 ther reductions in costs; 

12 (E) identification of opportunities for new 

13 and innovative products and services, including 

14 products and services targeting rural areas; 

15 (F) a strategy for future growth; 

16 (G) a vision of how the Postal Service will 

17 operate in a sustainable manner 20 years after 

18 the date of enactment of this Act; 

19 (H) a strategy for ensuring that the Postal 

20 Service has a sufficient workforce to meet all of 

21 its needs and comply with applicable legal re22 quirements; and 

23 (I) recommendations for any legislative 

24 changes necessary to implement the strategic 

25 blueprint described in this paragraph. 


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1 (i) STUDY AND STRATEGIC PLAN ON INTERAGENCY

2 AGREEMENTS FOR POST OFFICES.— 

3 (1) DUTIES OF ADVISORY COMMISSION.— 

4 (A) STUDY.— 

5 (i) IN GENERAL.—The Advisory Com6 mission shall conduct a study concerning 

7 the advisability of the Postal Service enter8 ing into interagency agreements with Fed9 eral, State, and local agencies, with respect 

10 to post offices, that— 

11 (I) streamline and consolidate 

12 services provided by Federal, State, 

13 and local agencies; 

14 (II) decrease the costs incurred 

15 by Federal agencies in providing serv16 ices to the general public; and 

17 (III) improve the efficiency and 

18 maintain the customer service stand19 ards of the Federal, State, and local 

20 agencies. 

21 (ii) CLARIFICATION OF INTERAGENCY

22 AGREEMENTS.—The study under clause (i) 

23 shall include consideration of the advis24 ability of the Postal Service entering into 

25 an interagency agreement with Federal 


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1 agencies responsible for providing services 

2 to the general public. 

3 (B) FINDINGS.—The Advisory Commission 

4 shall— 

5 (i) not later than 270 days after the 

6 date of enactment of this Act, submit to 

7 the Postal Service the findings of the study 

8 conducted under subparagraph (A); and 

9 (ii) incorporate the findings described 

10 in clause (i) into the strategic blueprint re11 quired under subsection (h). 

12 (2) POSTAL SERVICE STRATEGIC PLAN.— 

13 (A) IN GENERAL.—Not later than 6 

14 months after the date on which the Advisory 

15 Commission submits to the Postal Service the 

16 findings under paragraph (1)(B), the Postal 

17 Service shall submit a nonbinding strategic plan 

18 for entering into interagency agreements con19 cerning post offices to— 

20 (i) the Committee on Homeland Secu21 rity and Governmental Affairs of the Sen22 ate; and 

23 (ii) the Committee on Oversight and 

24 Government Reform of the House of Rep25 resentatives. 


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1 (B) LIMITATIONS.—The strategic plan 

2 submitted under subparagraph (A) shall be con3 sistent with public interest and demand. 

4 (C) COST SAVINGS PROJECTIONS.—The 

5 strategic plan submitted under subparagraph 

6 (A) shall include, for each proposed interagency 

7 agreement, a projection of cost savings to be re8 alized by the Postal Service and by any other 

9 Federal agency that is a party to the agree10 ment. 

11 (j) TERMINATION OF THE COMMISSION.—The Advi12 sory Commission shall terminate on the earlier of— 

13 (1) the date that is 60 days after the later of— 

14 (A) the date on which the Advisory Com15 mission submits the report on the strategic 

16 blueprint for long-term solvency under sub17 section (h); or 

18 (B) the date on which the Advisory Com19 mission submits the findings on interagency 

20 agreements for post offices under subsection (i); 

21 or 

22 (2) the date that is 1 year after the date of en23 actment of this Act. 


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1 TITLE IV—POSTAL SERVICE CUS2 TOMER SERVICE, TRANS3 PARENCY, AND REGULATION 

4 SEC. 401. CUSTOMER SERVICE STUDY AND REPORT. 

5 (a) STUDY.—The Board of Governors of the Postal 

6 Service shall conduct a study on the customer service of 

7 the Postal Service, including— 

8 (1) the training of customer-facing employees of 

9 the Postal Service at facilities operated by the Postal 

10 Service, the primary function of which is to provide 

11 retail postal services; and 

12 (2) the flexibility of the facilities described in 

13 paragraph (1) to allow for the cross-training of cus14 tomer-facing employees of the Postal Service during 

15 peak hours. 

16 (b) REPORT.—Not later than 1 year after the date 

17 of enactment of this Act, the Board of Governors of the 

18 Postal Service shall submit to Congress a report on the 

19 study required under subsection (a), including— 

20 (1) the current methods for measuring the cus21 tomer service of the Postal Service; 

22 (2) recent customer service performance; and 

23 (3) strategies to enhance customer service. 


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1 SEC. 402. POSTAL SERVICE RESULTS AND TERMS. 

2 (a) IN GENERAL.—Chapter 36 of title 39, United 

3 States Code, is amended by adding after section 3661 the 

4 following: 

5 ‘‘§ 3661A. Postal Service transparency 

6 ‘‘(a) POSTAL SERVICE TERMS.—The Postal Service 

7 shall develop and regularly update a more customer 

8 friendly publication of Postal Service terms, abbreviations, 

9 and acronyms, which shall be made publicly available on 

10 the Postal Service website. 

11 ‘‘(b) CENTRALIZED HUB TO VIEW DELIVERY AND

12 RETAIL PERFORMANCE STANDARDS AND RESULTS.—Not 

13 later than 12 months after the date of enactment of this 

14 section, the Postal Service shall create a more centralized, 

15 easily accessible hub for viewing all delivery and retail per16 formance standards and performance results. Perform17 ance trending results for a period of not less than 24 

18 months shall be made available on the hub.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections for chapter 36 of title 39, United 

21 States Code, is amended by adding after the item relating 

22 to section 3661 the following: 

‘‘3661A. Postal Service transparency.’’. 


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1 SEC. 403. ANNUAL REPORT ON UNITED STATES MAILING IN2 DUSTRY. 

3 (a) IN GENERAL.—Chapter 24 of title 39, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 2403. Annual report on the fiscal stability of the 

7 United States mailing industry 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this section, and annually thereafter, 

10 the Postal Regulatory Commission shall submit a report 

11 on the fiscal stability of the United States mailing indus12 try with respect to the preceding fiscal year to— 

13 ‘‘(1) the Committee on Homeland Security and 

14 Governmental Affairs of the Senate; and 

15 ‘‘(2) the Committee on Oversight and Govern16 ment Reform of the House of Representatives. 

17 ‘‘(b) ASSISTANCE.—The United States Postal Service 

18 and any Federal agency involved in oversight or data col19 lection regarding industry sectors relevant to the report 

20 under subsection (a) shall provide any assistance to the 

21 Postal Regulatory Commission that the Postal Regulatory 

22 Commission determines is necessary in the preparation of 

23 a report under subsection (a).’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

25 The table of sections for chapter 24 of title 39, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘2403. Annual report on the fiscal stability of the United States mailing industry.’’. 

3 SEC. 404. POSTAL REGULATORY COMMISSION. 

4 (a) COMMISSIONERS.—Section 502 of title 39, United 

5 States Code, is amended— 

6 (1) in subsection (c), by striking ‘‘subsection 

7 (f)’’ and inserting ‘‘subsections (f) and (g)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(g) The Commissioners may serve for not more than 

10 2 full terms.’’. 

11 (b) ADMINISTRATION.—Section 504 of title 39, 

12 United States Code, is amended— 

13 (1) in subsection (a), in the second sentence— 

14 (A) by striking ‘‘The Chairman’’ and in15 serting ‘‘Subject to the policies adopted under 

16 subsection (b), the Chairman’’; and 

17 (B) by striking ‘‘all the executive’’ and in18 serting ‘‘the day-to-day executive’’; 

19 (2) by amending subsection (b) to read as fol20 lows: 

21 ‘‘(b)(1) The Chairman shall be governed by the poli22 cies adopted by the Commission under paragraph (2)(A) 

23 in carrying out any of the functions under this section. 


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1 ‘‘(2) The Commission shall adopt, by a vote of the 

2 majority of the members of the Commission, policies that 

3 shall govern all functions of the Commission, including the 

4 finances, operations, and administration of the Commis5 sion. 

6 ‘‘(3) The Commission shall review and, if necessary, 

7 revise the policies adopted under paragraph (2) not less 

8 frequently than every 4 years. Adoption of revised policies, 

9 or re-adoption of existing policies, shall be by a vote of 

10 the majority of the members of the Commission.’’; and 

11 (3) in subsection (c), by striking ‘‘The Chair12 man’’ and inserting ‘‘Subject to the policies adopted 

13 under subsection (b), the Chairman’’. 

14 SEC. 405. INSPECTOR GENERAL OF THE UNITED STATES 

15 POSTAL SERVICE AND THE POSTAL REGU16 LATORY COMMISSION. 

17 (a) APPOINTMENT OF INSPECTOR GENERAL OF THE

18 UNITED STATES POSTAL SERVICE AND THE POSTAL

19 REGULATORY COMMISSION BY PRESIDENT.—Section 8G 

20 of the Inspector General Act of 1978 (5 U.S.C. App.) is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (2), by striking ‘‘the 

24 United States International Trade Commission, 

25 the Postal Regulatory Commission, and the 


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1 United States Postal Service’’ and inserting 

2 ‘‘the United States International Trade Com3 mission, and the United States Postal Service 

4 and the Postal Regulatory Commission’’; and 

5 (B) in paragraph (4), by striking subpara6 graph (B) and inserting the following: 

7 ‘‘(B) with respect to the United States 

8 Postal Service and the Postal Regulatory Com9 mission, such term, for purposes of oversight 

10 of— 

11 ‘‘(i) the United States Postal Service, 

12 means the Governors (as defined in section 

13 102(3) of title 39, United States Code); 

14 and 

15 ‘‘(ii) the Postal Regulatory Commis16 sion, means the Chairman of the Postal 

17 Regulatory Commission;’’; 

18 (2) in subsection (d)(1), by inserting ‘‘or sub19 section (f)(3)’’ after ‘‘Except as provided in para20 graph (2)’’; and 

21 (3) in subsection (f)— 

22 (A) by striking paragraph (1) and insert23 ing the following: 

24 ‘‘(1)(A) There is established in the United States 

25 Postal Service the Office of the Inspector General of the 


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1 United States Postal Service and the Postal Regulatory 

2 Commission. 

3 ‘‘(B) There shall be at the head of the Office of the 

4 Inspector General of the United States Postal Service and 

5 the Postal Regulatory Commission an Inspector General 

6 (referred to in this subsection as the ‘Inspector General’) 

7 who shall be appointed by the President, by and with the 

8 advice and consent of the Senate, without regard to polit9 ical affiliation and solely on the basis of integrity and dem10 onstrated ability in accounting, auditing, financial anal11 ysis, law, management analysis, public administration, or 

12 investigations. 

13 ‘‘(C) The Inspector General may be removed from of14 fice by the President. If the Inspector General is removed 

15 from office or is transferred to another position or location 

16 within the United States Postal Service, the President 

17 shall communicate in writing the reasons for any such re18 moval or transfer to both Houses of Congress, not later 

19 than 30 days before the removal or transfer. Nothing in 

20 this subparagraph shall prohibit a personnel action other21 wise authorized by law, other than transfer or removal. 

22 ‘‘(D) For the purposes of section 7324 of title 5, 

23 United States Code, the Inspector General shall not be 

24 considered to be an employee who determines policies to 


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1 be pursued by the United States in the nationwide admin2 istration of Federal laws. 

3 ‘‘(E) The Inspector General shall have all of the au4 thorities and responsibilities provided by this Act with re5 spect to the Postal Regulatory Commission, as if the Post6 al Regulatory Commission were part of the United States 

7 Postal Service.’’; 

8 (B) in paragraph (2), by striking ‘‘of the 

9 United States Postal Service (hereinafter in 

10 this subsection referred to as the ‘Inspector 

11 General’)’’; 

12 (C) in paragraph (3)— 

13 (i) in subparagraph (A)— 

14 (I) in clause (i), in the matter 

15 preceding subclause (I), by inserting 

16 ‘‘relating to the United States Postal 

17 Service’’ before ‘‘which require access 

18 to sensitive information’’; and 

19 (II) in clause (iii), by striking 

20 ‘‘Committee on Governmental Affairs 

21 of the Senate’’ and inserting ‘‘Com22 mittee on Homeland Security and 

23 Governmental Affairs of the Senate’’; 

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1 sion’’ after ‘‘United States Postal Service’’; 

2 and 

3 (iii) in subparagraph (C), by striking 

4 ‘‘Committee on Governmental Affairs of 

5 the Senate’’ and inserting ‘‘Committee on 

6 Homeland Security and Governmental Af7 fairs of the Senate’’; 

8 (D) in paragraph (4), by adding at the end 

9 the following: ‘‘Nothing in this paragraph may 

10 be invoked by the United States Postal Service 

11 to restrict or limit any audit or investigation 

12 that the Inspector General considers appro13 priate.’’; and 

14 (E) in paragraph (6), by inserting ‘‘and 

15 the Postal Regulatory Commission’’ after 

16 ‘‘United States Postal Service’’. 

17 (b) INTERIM POWER OF INSPECTOR GENERAL OF

18 THE UNITED STATES POSTAL SERVICE.—During the pe19 riod beginning on the date of enactment of this Act and 

20 ending on the date on which the first individual is ap21 pointed as Inspector General of the United States Postal 

22 Service and the Postal Regulatory Commission after the 

23 date of enactment of this Act, the Inspector General of 

24 the United States Postal Service shall have all of the au25 thorities and responsibilities provided by the Inspector 


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1 General Act of 1978 (5 U.S.C. App.) with respect to the 

2 Postal Regulatory Commission on the day before the date 

3 of enactment of this Act, as if the Postal Regulatory Com4 mission were part of the United States Postal Service. 

5 (c) TRANSFER OF PERSONNEL.— 

6 (1) OFFICE OF THE INSPECTOR GENERAL OF

7 THE UNITED STATES POSTAL SERVICE.—The per8 sonnel employed in the Office of the Inspector Gen9 eral of the United States Postal Service are trans10 ferred to the Office of the Inspector General of the 

11 United States Postal Service and the Postal Regu12 latory Commission. 

13 (2) OFFICE OF THE INSPECTOR GENERAL OF

14 THE POSTAL REGULATORY COMMISSION.—The per15 sonnel employed in the Office of the Inspector Gen16 eral of the Postal Regulatory Commission may be 

17 transferred to the other offices of the Postal Regu18 latory Commission. 

19 (3) MODERN SERVICE AND PERFORMANCE

20 STANDARDS.—Any unobligated amounts made avail21 able to carry out the functions of the Office of the 

22 Inspector General of the Postal Regulatory Commis23 sion before the date of enactment of this Act shall 

24 be used to establish and revise modern service stand25 ards and record performance ratings under section 


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1 3691 of title 39, United States Code, as added by 

2 section 205(a) of this Act. 

3 (4) EFFECT.—During the 1-year period begin4 ning on the date of enactment of this Act, any full5 time or part-time employee who, on the day before 

6 such date of enactment, was employed in a perma7 nent position in the Office of the Inspector General 

8 of the Postal Regulatory Commission, shall not be 

9 separated or reduced in grade or compensation be10 cause of the transfer under an amendment made by 

11 this section. 

12 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

13 (1) TITLE 39, UNITED STATES CODE.—Title 39, 

14 United States Code, is amended— 

15 (A) in section 102(4), by striking ‘‘section 

16 202(e) of this title’’ and inserting ‘‘section 

17 8G(f)(1)(B) of the Inspector General Act of 

18 1978 (5 U.S.C. App.)’’; 

19 (B) in section 202, by striking subsection 

20 (e); 

21 (C) in section 504, by striking subsection 

22 (h); 

23 (D) in section 1001(b), in the first sen24 tence, by inserting ‘‘, and section 8G(f)(1)(B) 


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1 of the Inspector General Act of 1978 (5 U.S.C. 

2 App.)’’ after ‘‘1001(c) of this title’’; 

3 (E) in section 1003(b), by striking ‘‘11(2)’’ 

4 and inserting ‘‘12(2)’’; 

5 (F) in section 1005(a)(3), by inserting ‘‘, 

6 and section 8G(f)(1)(B) of the Inspector Gen7 eral Act of 1978 (5 U.S.C. App.)’’ after 

8 ‘‘1001(c) of this title’’; 

9 (G) in section 2009, by inserting ‘‘and the 

10 Postal Regulatory Commission’’ after ‘‘United 

11 States Postal Service’’; and 

12 (H) in section 2011(h)(2)(D), by inserting 

13 ‘‘and the Postal Regulatory Commission’’ after 

14 ‘‘United States Postal Service’’. 

15 (2) TITLE 5, UNITED STATES CODE.—Section 

16 8153(c)(2)(C)(ii) of title 5, United States Code, as 

17 added by section 512(a) of this Act, is amended by 

18 striking ‘‘Inspector General of the United States 

19 Postal Service’’ and inserting ‘‘Inspector General of 

20 the United States Postal Service and the Postal 

21 Regulatory Commission’’. 

22 (3) OMNIBUS CONSOLIDATED APPROPRIATIONS

23 ACT, 1997.—Section 662(d) of the Omnibus Consoli24 dated Appropriations Act, 1997 (39 U.S.C. 2802 

25 note) is amended— 


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1 (A) in paragraph (1)— 

2 (i) in the paragraph heading, by in3 serting ‘‘AND THE POSTAL REGULATORY

4 COMMISSION’’ after ‘‘POSTAL SERVICE’’; 

5 (ii) in subparagraph (A), by inserting 

6 ‘‘and the Postal Regulatory Commission’’ 

7 after ‘‘Postal Service’’; and 

8 (iii) in subparagraph (B)(i), by insert9 ing ‘‘and the Postal Regulatory Commis10 sion’’ after ‘‘Postal Service’’; and 

11 (B) in the first sentence of paragraph (2), 

12 by inserting ‘‘and the Postal Regulatory Com13 mission’’ after ‘‘Postal Service’’. 

14 (e) SAVINGS PROVISIONS.— 

15 (1) SUITS.—The provisions of this Act shall not 

16 affect suits commenced before the effective date of 

17 this Act, and in all such suits, proceeding shall be 

18 had, appeals taken, and judgments rendered in the 

19 same manner and with the same effect as if this Act 

20 had not been enacted. 

21 (2) NONABATEMENT OF ACTIONS.—No suit, ac22 tion, or other proceeding commenced by or against 

23 the Inspector General of the United States Postal 

24 Service or the Inspector General of the Postal Regu25 latory Commission, or by or against any individual 


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1 in the official capacity of such individual as an offi2 cer of the Office of the Inspector General of the 

3 United States Postal Service or the Office of the In4 spector General of the Postal Regulatory Commis5 sion shall abate by reason of the enactment of this 

6 Act. 

7 (3) CONTINUANCE OF SUITS.—If, before the ef8 fective date of this Act, the Office of the Inspector 

9 General of the United States Postal Service or the 

10 Office of the Inspector General of the Postal Regu11 latory Commission or officer thereof in the official 

12 capacity of such officer, is party to a suit, and under 

13 this Act any function of the Office of the Inspector 

14 General of the United States Postal Service or the 

15 Office of the Inspector General of the Postal Regu16 latory Commission or officer is transferred to the In17 spector General of the United States Postal Service 

18 and the Postal Regulatory Commission or any other 

19 official of the Office of the Inspector General of the 

20 United States Postal Service and the Postal Regu21 latory Commission, then such suit shall be continued 

22 with the Inspector General of the United States 

23 Postal Service and the Postal Regulatory Commis24 sion or other appropriate official of the Office of the 

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1 ice and the Postal Regulatory Commission sub2 stituted or added as a party. 

3 (f) APPLICABILITY.— 

4 (1) IN GENERAL.—Except with respect to the 

5 amendment made by subsection (a)(1)(A) relating to 

6 the Postal Regulatory Commission and the amend7 ment made by subsection (d)(1)(C), the amendments 

8 made by this section shall apply with respect to the 

9 first individual appointed as Inspector General of 

10 the United States Postal Service and the Postal 

11 Regulatory Commission after the date of enactment 

12 of this Act. 

13 (2) RULE OF CONSTRUCTION.—Nothing in this 

14 Act may be construed to alter the authority or the 

15 length of the term of the individual serving as In16 spector General of the United States Postal Service 

17 on the date of enactment of this Act. 

18 (g) REFERENCES IN THIS ACT TO THE INSPECTOR

19 GENERAL OF THE UNITED STATES POSTAL SERVICE.— 

20 On and after the date on which the first individual is ap21 pointed as Inspector General of the United States Postal 

22 Service and the Postal Regulatory Commission after the 

23 date of enactment of this Act, each reference in sections 

24 107(b), 203(c)(1), 303(d)(1), 406, and 408 of this Act 

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1 ice shall be deemed to be a reference to the Inspector Gen2 eral of the United States Postal Service and the Postal 

3 Regulatory Commission. 

4 (h) RESOURCES FOR WASTE, FRAUD, AND ABUSE

5 INVESTIGATIONS.— 

6 (1) IN GENERAL.—Chapter 4 of title 39, United 

7 States Code, is amended by adding at the end the 

8 following: 

9 ‘‘§ 417. Waste, fraud, and abuse investigations 

10 ‘‘The Postal Service may transfer such resources to 

11 the Inspector General for waste, fraud, and abuse inves12 tigations as the Postal Service determines necessary.’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of sections for chapter 4 of title 

15 39, United States Code, is amended by adding at 

16 the end the following: 

‘‘417. Waste, fraud, and abuse investigations.’’. 

17 SEC. 406. GAO REPORT ON FRAGMENTATION, OVERLAP, 

18 AND DUPLICATION IN FEDERAL PROGRAMS 

19 AND ACTIVITIES. 

20 The Comptroller General of the United States shall 

21 include in the annual report to Congress required under 

22 section 21 of the Joint Resolution entitled ‘‘Joint Resolu23 tion increasing the statutory limit on the public debt’’, ap24 proved February 12, 2010 (31 U.S.C. 712 note), that is 

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1 actment of this Act a review of the duplication of services 

2 and functions between the Office of the Inspector General 

3 of the United States Postal Service, the Postal Inspection 

4 Service, and any other Federal agency. 

5 SEC. 407. POSTAL SERVICES FOR MARKET-DOMINANT 

6 PRODUCTS. 

7 (a) IN GENERAL.—Chapter 36 of title 39, United 

8 States Code, is amended by striking section 3661 and in9 serting the following: 

10 ‘‘§ 3661. Postal services for market-dominant prod11 ucts 

12 ‘‘(a) GENERAL OBLIGATION.—The Postal Service 

13 shall develop and promote adequate and efficient postal 

14 services with respect to its market-dominant products. 

15 ‘‘(b) PROPOSED CHANGES FOR MARKET-DOMINANT

16 PRODUCTS.— 

17 ‘‘(1) SUBMISSION OF PROPOSAL.—If the Postal 

18 Service determines that there should be a change in 

19 the nature of postal services relating to market-dom20 inant products that will generally affect service on a 

21 nationwide or substantially nationwide basis, the 

22 Postal Service shall submit a proposal to the Postal 

23 Regulatory Commission requesting an advisory opin24 ion on the change. 


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1 ‘‘(2) ADVISORY OPINION.—Upon receipt of a 

2 proposal under paragraph (1), the Postal Regulatory 

3 Commission shall— 

4 ‘‘(A) provide notice and an opportunity for 

5 public comment and a public hearing on the 

6 proposal; and 

7 ‘‘(B) issue an advisory opinion not later 

8 than— 

9 ‘‘(i) 90 days after the date on which 

10 the Postal Regulatory Commission receives 

11 the proposal; or 

12 ‘‘(ii) a date that the Postal Regu13 latory Commission and the Postal Service 

14 may determine jointly. 

15 ‘‘(3) RESPONSE TO OPINION.—The Postal Serv16 ice shall submit to the President and to Congress a 

17 response to an advisory opinion issued under para18 graph (2) that includes— 

19 ‘‘(A) a statement of whether the Postal 

20 Service plans to modify the proposal to address 

21 any concerns or implement any recommenda22 tions made by the Commission; and 

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1 mines not to implement, the reasons for the de2 termination. 

3 ‘‘(4) ACTION ON PROPOSAL.—The Postal Serv4 ice may take action regarding a proposal submitted 

5 under paragraph (1)— 

6 ‘‘(A) on or after the date on which the 

7 Postal Service submits the response required 

8 under paragraph (3); 

9 ‘‘(B) on or after a date that the Postal 

10 Regulatory Commission and the Postal Service 

11 may determine jointly; or 

12 ‘‘(C) after the date described in paragraph 

13 (2)(B), if— 

14 ‘‘(i) the Postal Regulatory Commis15 sion fails to issue an advisory opinion on 

16 or before the date described in paragraph 

17 (2)(B); and 

18 ‘‘(ii) the action is not otherwise pro19 hibited under Federal law. 

20 ‘‘(5) MODIFICATION OF TIMELINE.—At any 

21 time, the Postal Service and the Postal Regulatory 

22 Commission may jointly redetermine a date deter23 mined under paragraph (2)(B)(ii) or (4)(B). 

24 ‘‘(c) LIMITATION.— 


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1 ‘‘(1) NO CHANGES FOR COMPETITIVE PROD2 UCTS.—Nothing in this section shall be construed as 

3 authorizing the making of changes under this sec4 tion to the nature of service provided for competitive 

5 products. 

6 ‘‘(2) HYBRID CHANGES.—For a change that af7 fects the nature of service provided for both market8 dominant products and competitive products, only 

9 the effect on market-dominant products shall be sub10 ject to this section.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of sections for chapter 36 of title 39, United 

13 States Code, is amended by striking the item relating to 

14 section 3661 and inserting the following: 

‘‘3661. Postal services for market-dominant products.’’. 

15 SEC. 408. POSTAL INSPECTION SERVICE MAIL COVERS PRO16 GRAM. 

17 (a) ASSESSMENT.—Not later than 12 months after 

18 the date of enactment of this Act, and annually thereafter, 

19 the Inspector General of the Postal Service shall conduct 

20 an assessment of the mail covers program of the United 

21 States Postal Inspection Service that includes— 

22 (1) a review of issues found in prior audits by 

23 the Inspector General of the Postal Service that in24 volve— 

25 (A) mail cover approvals; 


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1 (B) the security of mail cover documents 

2 and information; 

3 (C) the handling of accountable docu4 ments; and 

5 (D) compliance with mail cover procedures; 

6 (2) a validation of internal and external mail 

7 cover request statistics provided by the United 

8 States Postal Inspection Service; 

9 (3) recommendations to address deficiencies 

10 and improve the mail covers program; and 

11 (4) consideration of any civil liberty and privacy 

12 issues raised regarding the mail covers program. 

13 (b) SUBMISSION OF STATISTICS.—Not later than No14 vember 1 of each year, the Chief Postal Inspector shall 

15 submit to the Inspector General of the Postal Service all 

16 statistics regarding the mail covers program of the United 

17 States Postal Inspection Service, including the number of 

18 external and internal requests, approvals, and processing 

19 time data. 

20 (c) REPORT.—The Inspector General of the Postal 

21 Service shall submit to the Committee on Homeland Secu22 rity and Governmental Affairs of the Senate and the Com23 mittee on Oversight and Government Reform of the House 

24 of Representatives an annual report that contains the 


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1 findings of each assessment conducted under subsection 

2 (a). 

3 SEC. 409. CONTRACT DISPUTES. 

4 Section 7101(8) of title 41, United States Code, is 

5 amended— 

6 (1) in subparagraph (C), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(E) the United States Postal Service and 

12 the Postal Regulatory Commission.’’. 

13 SEC. 410. CONTRACTING PROVISIONS. 

14 (a) IN GENERAL.—Part I of title 39, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘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. 

‘‘707. Congressional oversight authority. 

17 ‘‘§ 701. Definitions 

18 ‘‘In this chapter— 

19 ‘‘(1) the term ‘contracting officer’ means an 

20 employee of a covered postal entity who has author21 ity to enter into a postal contract; 


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1 ‘‘(2) the term ‘covered postal entity’ means— 

2 ‘‘(A) the Postal Service; or 

3 ‘‘(B) the Postal Regulatory Commission; 

4 ‘‘(3) the term ‘head of a covered postal entity’ 

5 means— 

6 ‘‘(A) in the case of the Postal Service, the 

7 Postmaster General; or 

8 ‘‘(B) in the case of the Postal Regulatory 

9 Commission, the Chairman of the Postal Regu10 latory Commission; 

11 ‘‘(4) the term ‘postal contract’ means any con12 tract (including any agreement or memorandum of 

13 understanding) entered into by a covered postal enti14 ty for the procurement of goods or services; and 

15 ‘‘(5) the term ‘senior procurement executive’ 

16 means the senior procurement executive of a covered 

17 postal entity. 

18 ‘‘§ 702. Advocate for competition 

19 ‘‘(a) ESTABLISHMENT AND DESIGNATION.— 

20 ‘‘(1) ESTABLISHMENT.—There is established in 

21 each covered postal entity an advocate for competi22 tion. 

23 ‘‘(2) DESIGNATION.—The head of each covered 

24 postal entity shall designate for the covered postal 

25 entity 1 or more officers or employees (other than 


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1 the senior procurement executive) to serve as the ad2 vocate for competition. 

3 ‘‘(b) RESPONSIBILITIES.—The advocate for competi4 tion of each covered postal entity shall— 

5 ‘‘(1) be responsible for promoting competition 

6 to the maximum extent practicable consistent with 

7 obtaining best value by promoting the acquisition of 

8 commercial items and challenging barriers to com9 petition; 

10 ‘‘(2) review the procurement activities of the 

11 covered postal entity; and 

12 ‘‘(3) prepare and transmit to the head of each 

13 covered postal entity, the senior procurement execu14 tive of each covered postal entity, the Board of Gov15 ernors, and Congress, an annual report describing— 

16 ‘‘(A) the activities of the advocate under 

17 this section; 

18 ‘‘(B) initiatives required to promote com19 petition; 

20 ‘‘(C) barriers to competition that remain; 

21 and 

22 ‘‘(D) the number of waivers made by each 

23 covered postal entity under section 704(c). 

24 ‘‘§ 703. Delegation of contracting authority 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) POLICY.—Not later than 60 days after the 

2 date of enactment of the Improving Postal Oper3 ations, Service, and Transparency Act of 2015, the 

4 head of each covered postal entity shall issue a pol5 icy on contracting officer delegations of authority for 

6 the covered postal entity. 

7 ‘‘(2) CONTENTS.—The policy issued under 

8 paragraph (1) shall require that— 

9 ‘‘(A) notwithstanding any delegation of au10 thority with respect to postal contracts, the ulti11 mate responsibility and accountability for the 

12 award and administration of postal contracts 

13 resides with the senior procurement executive; 

14 and 

15 ‘‘(B) a contracting officer shall maintain 

16 an awareness of and engagement in the activi17 ties being performed on postal contracts of 

18 which that officer has cognizance, notwith19 standing any delegation of authority that may 

20 have been executed. 

21 ‘‘(b) POSTING OF DELEGATIONS.— 

22 ‘‘(1) IN GENERAL.—The head of each covered 

23 postal entity shall make any delegation of authority 

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1 tracting unit readily available and accessible on the 

2 website of the covered postal entity. 

3 ‘‘(2) EFFECTIVE DATE.—This paragraph shall 

4 apply to any delegation of authority made on or 

5 after 30 days after the date of enactment of the Im6 proving Postal Operations, Service, and Trans7 parency Act of 2015. 

8 ‘‘§ 704. Posting of noncompetitive purchase requests 

9 for noncompetitive contracts 

10 ‘‘(a) POSTING REQUIRED.— 

11 ‘‘(1) POSTAL REGULATORY COMMISSION.—The 

12 Postal Regulatory Commission shall make the non13 competitive purchase request for any noncompetitive 

14 award, including the rationale supporting the non15 competitive award, publicly available on the website 

16 of the Postal Regulatory Commission— 

17 ‘‘(A) not later than 14 days after the date 

18 of the award of the noncompetitive contract; or 

19 ‘‘(B) not later than 30 days after the date 

20 of the award of the noncompetitive contract, if 

21 the basis for the award was a compelling busi22 ness interest. 

23 ‘‘(2) POSTAL SERVICE.—The Postal Service 

24 shall make the noncompetitive purchase request for 

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1 ued at $250,000 or more, including the rationale 

2 supporting the noncompetitive award, publicly avail3 able on the website of the Postal Service— 

4 ‘‘(A) not later than 14 days after the date 

5 of the award; or 

6 ‘‘(B) not later than 30 days after the date 

7 of the award, if the basis for the award was a 

8 compelling business interest. 

9 ‘‘(3) ADJUSTMENTS TO THE POSTING THRESH10 OLD FOR THE POSTAL SERVICE.— 

11 ‘‘(A) REVIEW AND DETERMINATION.—Not 

12 later than January 31 of each year, the Postal 

13 Service shall— 

14 ‘‘(i) review the $250,000 threshold es15 tablished under paragraph (2); and 

16 ‘‘(ii) based on any change in the Con17 sumer Price Index for All Urban Con18 sumers of the Department of Labor, deter19 mine whether an adjustment to the thresh20 old shall be made. 

21 ‘‘(B) AMOUNT OF ADJUSTMENTS.—An ad22 justment under subparagraph (A) shall be made 

23 in increments of $5,000. If the Postal Service 

24 determines that a change in the Consumer 

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1 ment in an amount that is less than $5,000, the 

2 Postal Service may not make an adjustment to 

3 the threshold for the year. 

4 ‘‘(4) EFFECTIVE DATE.—This subsection shall 

5 apply to any noncompetitive contract awarded on or 

6 after the date that is 90 days after the date of en7 actment of the Improving Postal Operations, Serv8 ice, and Transparency Act of 2015. 

9 ‘‘(b) PUBLIC AVAILABILITY.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 the information required to be made publicly avail12 able by a covered postal entity under subsection (a) 

13 shall be readily accessible on the website of the cov14 ered postal entity. 

15 ‘‘(2) PROTECTION OF PROPRIETARY INFORMA16 TION.—A covered postal entity shall— 

17 ‘‘(A) carefully screen any description of the 

18 rationale supporting a noncompetitive award re19 quired to be made publicly available under sub20 section (a) to determine whether the description 

21 includes proprietary data (including any ref22 erence or citation to the proprietary data) or se23 curity-related information; and 

24 ‘‘(B) remove any proprietary data or secu25 rity-related information before making publicly 


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1 available a description of the rational sup2 porting a noncompetitive award. 

3 ‘‘(c) WAIVERS.— 

4 ‘‘(1) WAIVER PERMITTED.—If a covered postal 

5 entity determines that making a noncompetitive pur6 chase request publicly available would risk placing 

7 the Postal Service at a competitive disadvantage rel8 ative to a private sector competitor, the senior pro9 curement executive, in consultation with the advo10 cate for competition of the covered postal entity, 

11 may waive the requirements under subsection (a). 

12 ‘‘(2) FORM AND CONTENT OF WAIVER.— 

13 ‘‘(A) FORM.—A waiver under paragraph 

14 (1) shall be in the form of a written determina15 tion placed in the file of the contract to which 

16 the noncompetitive purchase agreement relates. 

17 ‘‘(B) CONTENT.—A waiver under para18 graph (1) shall include— 

19 ‘‘(i) a description of the risk associ20 ated with making the noncompetitive pur21 chase request publicly available; and 

22 ‘‘(ii) a statement that redaction of 

23 sensitive information in the noncompetitive 

24 purchase request would not be sufficient to 

25 protect the Postal Service from being 


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1 placed at a competitive disadvantage rel2 ative to a private sector competitor. 

3 ‘‘(3) DELEGATION OF WAIVER AUTHORITY.—A 

4 covered postal entity may not delegate the authority 

5 to approve a waiver under paragraph (1) to any em6 ployee having less authority than the senior procure7 ment executive. 

8 ‘‘§ 705. Review of ethical issues 

9 ‘‘If a contracting officer identifies any ethical issues 

10 relating to a proposed contract and submits those issues 

11 and that proposed contract to the designated ethics official 

12 for the covered postal entity before the awarding of that 

13 contract, that ethics official shall— 

14 ‘‘(1) review the proposed contract; and 

15 ‘‘(2) advise the contracting officer on the appro16 priate resolution of ethical issues. 

17 ‘‘§ 706. Ethical restrictions on participation in certain 

18 contracting activity 

19 ‘‘(a) DEFINITIONS.—In this section— 

20 ‘‘(1) the term ‘covered employee’ means— 

21 ‘‘(A) a contracting officer; or 

22 ‘‘(B) any employee of a covered postal en23 tity whose decisionmaking affects a postal con24 tract as determined by regulations prescribed 

25 by the head of a covered postal entity; 


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1 ‘‘(2) the term ‘covered relationship’ means a 

2 covered relationship described in section 

3 2635.502(b)(1) of title 5, Code of Federal Regula4 tions, or any successor thereto; and 

5 ‘‘(3) the term ‘final conviction’ means a convic6 tion, whether entered on a verdict or plea, including 

7 a plea of nolo contendere, for which a sentence has 

8 been imposed. 

9 ‘‘(b) IN GENERAL.— 

10 ‘‘(1) REGULATIONS.—The head of each covered 

11 postal entity shall prescribe regulations that— 

12 ‘‘(A) require a covered employee to include 

13 in the file of any noncompetitive purchase re14 quest for a noncompetitive postal contract a 

15 written certification that— 

16 ‘‘(i) discloses any covered relationship 

17 of the covered employee; and 

18 ‘‘(ii) the covered employee will not 

19 take any action with respect to the non20 competitive purchase request that affects 

21 the financial interests of a friend, relative, 

22 or person with whom the covered employee 

23 is affiliated in a nongovernmental capacity, 

24 or otherwise gives rise to an appearance of 

25 the use of public office for private gain, as 


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1 described in section 2635.702 of title 5, 

2 Code of Federal Regulations, or any suc3 cessor thereto; 

4 ‘‘(B) require a contracting officer to con5 sult with the ethics counsel for the covered 

6 postal entity regarding any disclosure made by 

7 a covered employee under subparagraph (A)(i), 

8 to determine whether participation by the cov9 ered employee in the noncompetitive purchase 

10 request would give rise to a violation of part 

11 2635 of title 5, Code of Federal Regulations 

12 (commonly referred to as the ‘Standards of 

13 Ethical Conduct for Employees of the Executive 

14 Branch’); 

15 ‘‘(C) require the ethics counsel for a cov16 ered postal entity to review any disclosure made 

17 by a contracting officer under subparagraph 

18 (A)(i) to determine whether participation by the 

19 contracting officer in the noncompetitive pur20 chase request would give rise to a violation of 

21 part 2635 of title 5, Code of Federal Regula22 tions (commonly referred to as the ‘Standards 

23 of Ethical Conduct for Employees of the Execu24 tive Branch’), or any successor thereto; 


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1 ‘‘(D) under subsections (d) and (e) of sec2 tion 2635.50 of title 5, Code of Federal Regula3 tions, or any successor thereto, require the eth4 ics counsel for a covered postal entity to— 

5 ‘‘(i) authorize a covered employee that 

6 makes a disclosure under subparagraph 

7 (A)(i) to participate in the noncompetitive 

8 postal contract; or 

9 ‘‘(ii) disqualify a covered employee 

10 that makes a disclosure under subpara11 graph (A)(i) from participating in the non12 competitive postal contract; 

13 ‘‘(E) require a contractor to timely disclose 

14 to the contracting officer in a bid, solicitation, 

15 award, or performance of a postal contract any 

16 conflict of interest with a covered employee; and 

17 ‘‘(F) include authority for the head of the 

18 covered postal entity to a grant a waiver or oth19 erwise mitigate any organizational or personal 

20 conflict of interest, if the head of the covered 

21 postal entity determines that the waiver or miti22 gation is in the best interests of the Postal 

23 Service. 

24 ‘‘(2) POSTING OF WAIVERS.—Not later than 30 

25 days after the head of a covered postal entity grants 


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1 a waiver described in paragraph (1)(F), the head of 

2 the covered postal entity shall make the waiver pub3 licly available on the website of the covered postal 

4 entity. 

5 ‘‘(c) CONTRACT VOIDANCE AND RECOVERY.— 

6 ‘‘(1) UNLAWFUL CONDUCT.—In any case in 

7 which there is a final conviction for a violation of 

8 any provision of chapter 11 of title 18 relating to a 

9 postal contract, the head of a covered postal entity 

10 may— 

11 ‘‘(A) void that contract; and 

12 ‘‘(B) recover the amounts expended and 

13 property transferred by the covered postal enti14 ty under that contract. 

15 ‘‘(2) OBTAINING OR DISCLOSING PROCUREMENT

16 INFORMATION.— 

17 ‘‘(A) IN GENERAL.—In any case where a 

18 contractor under a postal contract fails to time19 ly disclose a conflict of interest to the appro20 priate contracting officer as required under the 

21 regulations promulgated under subsection 

22 (b)(1)(D), the head of a covered postal entity 

23 may— 

24 ‘‘(i) void that contract; and 


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1 ‘‘(ii) recover the amounts expended 

2 and property transferred by the covered 

3 postal entity under that contract. 

4 ‘‘(B) CONVICTION OR ADMINISTRATIVE DE5 TERMINATION.—A case described under sub6 paragraph (A) is any case in which— 

7 ‘‘(i) there is a final conviction for an 

8 offense punishable under section 27(e) of 

9 the Office of Federal Procurement Policy 

10 Act (41 U.S.C. 423(e)); or 

11 ‘‘(ii) the head of a covered postal enti12 ty determines, based upon a preponderance 

13 of the evidence, that the contractor or 

14 someone acting for the contractor has en15 gaged in conduct constituting an offense 

16 punishable under section 27(e) of that Act. 

17 ‘‘§ 707. Congressional oversight authority 

18 ‘‘The Postal Service may not enter into any contract 

19 that restricts the ability of Congress to exercise oversight 

20 authority.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of chapters for part I of title 39, United States 

23 Code, is amended by adding at the end the following: 

‘‘7. Contracting Provisions ........................................................... 701’’. 


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1 TITLE V—FEDERAL EMPLOYEES’ 

2 COMPENSATION ACT 

3 SEC. 501. SHORT TITLE; REFERENCES. 

4 (a) SHORT TITLE.—This title may be cited as the 

5 ‘‘Workers’ Compensation Reform Act of 2015’’. 

6 (b) REFERENCES.—Except as otherwise expressly 

7 provided, whenever in this title an amendment or repeal 

8 is expressed in terms of an amendment to, or a repeal 

9 of, a section or other provision, the reference shall be con10 sidered to be made to a section or other provision of title 

11 5, United States Code. 

12 SEC. 502. FEDERAL WORKERS COMPENSATION REFORMS 

13 FOR RETIREMENT-AGE EMPLOYEES. 

14 (a) CONVERSION OF ENTITLEMENT AT RETIREMENT

15 AGE.— 

16 (1) DEFINITIONS.—Section 8101 is amended— 

17 (A) in paragraph (18), by striking ‘‘and’’ 

18 at the end; 

19 (B) in paragraph (19), by striking ‘‘and’’ 

20 at the end; 

21 (C) in paragraph (20), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

23 (D) by adding at the end the following: 


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1 ‘‘(21) ‘retirement age’ has the meaning given 

2 that term under section 216(l)(1) of the Social Secu3 rity Act (42 U.S.C. 416(l)(1)).’’. 

4 (2) TOTAL DISABILITY.—Section 8105 is 

5 amended— 

6 (A) in subsection (a), by striking ‘‘If’’ and 

7 inserting ‘‘IN GENERAL.—Subject to subsection 

8 (b), if’’; 

9 (B) by redesignating subsection (b) as sub10 section (c); 

11 (C) by inserting after subsection (a) the 

12 following: 

13 ‘‘(b) CONVERSION OF ENTITLEMENT AT RETIRE14 MENT AGE.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the basic compensation for total disability 

17 for an employee who has attained retirement age 

18 shall be 50 percent of the monthly pay of the em19 ployee. 

20 ‘‘(2) EXCEPTIONS FOR EXISTING RECIPIENTS

21 AND RECIPIENTS WITH EXEMPT DISABILITY CONDI22 TION OR FACING FINANCIAL HARDSHIP.—Paragraph 

23 (1) shall not apply to a claim for total disability by 

24 an employee— 


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1 ‘‘(A) resulting from personal injury sus2 tained before the date of enactment of the 

3 Workers’ Compensation Reform Act of 2015; or 

4 ‘‘(B) who is a member of a household that 

5 would meet the income and assets requirements 

6 for eligibility for the supplemental nutrition as7 sistance program as described in section 5 of 

8 the Food and Nutrition Act of 2008 (7 U.S.C. 

9 2014) (not including any provisions permitting 

10 eligibility due to benefits received under any 

11 other law) if the basic compensation for total 

12 disability of the employee were provided in ac13 cordance with paragraph (1).’’; and 

14 (D) in subsection (c), as so redesignated, 

15 by inserting ‘‘PRIMA FACIE PERMANENT

16 TOTAL DISABILITY.—’’ before ‘‘The loss’’. 

17 (3) PARTIAL DISABILITY.—Section 8106 is 

18 amended— 

19 (A) in subsection (a), by striking ‘‘If’’ and 

20 inserting ‘‘IN GENERAL.—Subject to subsection 

21 (b), if’’; 

22 (B) by redesignating subsections (b) and 

23 (c) as subsections (c) and (d), respectively; 

24 (C) by inserting after subsection (a) the 

25 following: 


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1 ‘‘(b) CONVERSION OF ENTITLEMENT AT RETIRE2 MENT AGE.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), the basic compensation for partial dis5 ability for an employee who has attained retirement 

6 age shall be 50 percent of the difference between the 

7 monthly pay of the employee and the monthly wage8 earning capacity of the employee after the beginning 

9 of the partial disability. 

10 ‘‘(2) EXCEPTIONS FOR EXISTING RECIPIENTS

11 AND RECIPIENTS FACING FINANCIAL HARDSHIP.— 

12 Paragraph (1) shall not apply to a claim for partial 

13 disability by an employee— 

14 ‘‘(A) resulting from personal injury sus15 tained before the date of enactment of the 

16 Workers’ Compensation Reform Act of 2015; or 

17 ‘‘(B) who is a member of a household that 

18 would meet the income and assets requirements 

19 for eligibility for the supplemental nutrition as20 sistance program as described in section 5 of 

21 the Food and Nutrition Act of 2008 (7 U.S.C. 

22 2014) (not including any provisions permitting 

23 eligibility due to benefits received under any 

24 other law) if the basic compensation for total 


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1 disability of the employee were provided in ac2 cordance with paragraph (1).’’; 

3 (D) in subsection (c), as so redesignated, 

4 by inserting ‘‘REPORTING.—’’ before ‘‘The Sec5 retary of Labor’’; and 

6 (E) in subsection (d), as so redesignated, 

7 by inserting ‘‘EXCLUSIONS.—’’ before ‘‘A par8 tially disabled employee’’. 

9 SEC. 503. AUGMENTED COMPENSATION FOR DEPENDENTS. 

10 (a) IN GENERAL.—Section 8110 is amended— 

11 (1) in subsection (a), by inserting ‘‘DEFINI12 TION.—’’ before ‘‘For the purpose’’; 

13 (2) by redesignating subsection (b) as sub14 section (c); 

15 (3) by inserting after subsection (a) the fol16 lowing: 

17 ‘‘(b) TERMINATION OF AUGMENTED COMPENSA18 TION.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 augmented compensation for dependents under sub21 section (c) shall not be provided. 

22 ‘‘(2) EXCEPTION.—Augmented compensation 

23 shall be provided in accordance with subsection (c) 

24 to an employee for a claim for disability (including 

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1 tion 8107(a)) by an employee resulting from per2 sonal injury sustained before the date of enactment 

3 of the Workers’ Compensation Reform Act of 

4 2015.’’; and 

5 (4) in subsection (c), as so redesignated, by in6 serting ‘‘AUGMENTED COMPENSATION FOR EXIST7 ING CLAIMS.—’’ before ‘‘A disabled employee’’. 

8 (b) MAXIMUM AND MINIMUM MONTHLY PAY9 MENTS.—Section 8112 is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘Except as provided by 

12 section 8138’’ and inserting ‘‘IN GENERAL.— 

13 Except as provided by subsections (b) and (c) 

14 and section 8138’’; 

15 (B) by striking ‘‘including augmented com16 pensation under section 8110 of this title but’’; 

17 and 

18 (C) by striking ‘‘75 percent’’ each place it 

appears and inserting ‘‘662 19 ⁄3 percent’’; 

20 (2) by redesignating subsection (b) as sub21 section (c); 

22 (3) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b) EXCEPTIONS.—With respect to claims for dis25 ability by an employee resulting from personal injury susVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 tained before the date of enactment of the Workers’ Com2 pensation Reform Act of 2015— 

3 ‘‘(1) the monthly rate of compensation for dis4 ability that is subject to the maximum and minimum 

5 monthly amounts under subsection (a) shall include 

6 any augmented compensation under section 8110; 

7 and 

8 ‘‘(2) subsection (a) shall be applied by substituting ‘75 percent’ for ‘662 9 ⁄3 percent’ each place 

10 it appears.’’; and 

11 (4) in subsection (c), as so redesignated— 

12 (A) by inserting ‘‘EXCLUSION.—’’ before 

13 ‘‘The provisions’’; and 

14 (B) by striking ‘‘subsection (a)’’ and in15 serting ‘‘subsections (a) and (b)’’. 

16 (c) DEATH BENEFITS GENERALLY.—Section 8133 is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by inserting ‘‘IN GENERAL.—’’ before 

20 ‘‘If death results’’; and 

21 (B) by striking ‘‘75 percent’’ each place it 

appears and inserting ‘‘662 22 ⁄3 percent (except as 

23 provided in subsection (g))’’; 


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1 (2) in subsection (b), by inserting ‘‘PERIOD OF

2 COMPENSATION.—’’ before ‘‘The compensation pay3 able’’; 

4 (3) in subsection (c), by inserting ‘‘COMPENSA5 TION OF REMAINING INDIVIDUALS.—’’ before ‘‘On 

6 the cessation’’; 

7 (4) in subsection (d), by inserting ‘‘MULTIPLE

8 CLASSES OF INDIVIDUALS.—’’ before ‘‘When there 

9 are two or more’’; 

10 (5) in subsection (e)— 

11 (A) by inserting ‘‘COMPUTATION.—’’ be12 fore ‘‘In computing compensation’’; and 

13 (B) in paragraph (2), by striking ‘‘75 percent’’ and inserting ‘‘662 14 ⁄3 percent (except as 

15 provided in subsection (g))’’; 

16 (6) in subsection (f), by inserting ‘‘OTHER

17 COSTS.—’’ before ‘‘Notwithstanding’’; and 

18 (7) by adding at the end the following: 

19 ‘‘(g) EXISTING CLAIMS.—If the death occurred be20 fore the date of enactment of the Workers’ Compensation 

21 Reform Act of 2015, subsections (a) and (e) shall be applied by substituting ‘75 percent’ for ‘662 22 ⁄3 percent’ each 

23 place it appears.’’. 

24 (d) DEATH BENEFITS FOR CIVIL AIR PATROL VOL25 UNTEERS.—Section 8141 is amended— 


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1 (1) in subsection (a), by inserting ‘‘IN GEN2 ERAL.—’’ before ‘‘Subject to the provisions’’; 

3 (2) in subsection (b)— 

4 (A) by inserting ‘‘ADMINISTRATION.—’’ be5 fore ‘‘In administering’’; and 

6 (B) in paragraph (2)(B) by striking ‘‘75 

percent’’ and inserting ‘‘662 7 ⁄3 percent (except as 

8 provided in subsection (c))’’; 

9 (3) by redesignating subsection (c) as sub10 section (d); 

11 (4) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) EXISTING CLAIMS.—If the death occurred before 

14 the date of enactment of the Workers’ Compensation Re15 form Act of 2015, subsection (b)(2)(B) shall be applied 

by substituting ‘75 percent’ for ‘662 16 ⁄3 percent’.’’; and 

17 (5) in subsection (d), as so redesignated, by in18 serting ‘‘COORDINATION WITH AIR FORCE.—’’ be19 fore ‘‘The Secretary of Labor’’. 

20 SEC. 504. SCHEDULE COMPENSATION PAYMENTS. 

21 Section 8107 is amended— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘IN GENERAL.—’’ before 

24 ‘‘If there is’’; and 


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(B) by striking ‘‘at the rate of 662 1 ⁄3 per2 cent of his monthly pay’’ and inserting ‘‘at the 

3 rate specified under subsection (d)’’; 

4 (2) in subsection (b), by inserting ‘‘OTHER

5 COMPENSATION.—’’ before ‘‘With respect to’’; 

6 (3) in subsection (c), by inserting ‘‘SCHED7 ULE.—’’ before ‘‘The compensation schedule’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(d) RATE FOR COMPENSATION.— 

10 ‘‘(1) ANNUAL SALARY.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 paragraph (2), the rate under subsection (a) 

shall be the rate of 662 13 ⁄3 percent of the annual 

14 salary level established under subparagraph 

15 (B), in a lump sum equal to the present value 

16 (as calculated under subparagraph (C)) of the 

17 amount of compensation payable under the 

18 schedule. 

19 ‘‘(B) ESTABLISHMENT.— 

20 ‘‘(i) IN GENERAL.—The Secretary of 

21 Labor shall establish an annual salary for 

22 purposes of subparagraph (A) in the 

23 amount the Secretary determines will re24 sult in the aggregate cost of payments 

25 made under this section being equal to 


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1 what would have been the aggregate cost 

2 of payments under this section if the 

3 amendments made by section 504 of the 

4 Workers’ Compensation Reform Act of 

5 2015 had not been enacted. 

6 ‘‘(ii) COST OF LIVING ADJUSTMENT.— 

7 The annual salary established under clause 

8 (i) shall be increased on March 1 of each 

9 year by the amount determined by the Sec10 retary of Labor to represent the percent 

11 change in the price index published for De12 cember of the preceding year over the price 

13 index published for the December of the 

14 year prior to the preceding year, adjusted 

15 to the nearest one-tenth of 1 percent. 

16 ‘‘(C) PRESENT VALUE.—The Secretary of 

17 Labor shall calculate the present value for pur18 poses of subparagraph (A) using a rate of inter19 est equal to the average market yield for out20 standing marketable obligations of the United 

21 States with a maturity of 2 years on the first 

22 business day of the month in which the com23 pensation is paid or, in the event that such 

24 marketable obligations are not being issued on 

25 such date, at an equivalent rate selected by the 


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1 Secretary of Labor, true discount compounded 

2 annually. 

3 ‘‘(2) CERTAIN INJURIES.—For an injury that 

4 occurred before the date of enactment of the Work5 ers’ Compensation Reform Act of 2015, the rate 

under subsection (a) shall be 662 6 ⁄3 percent of the 

7 employee’s monthly pay. 

8 ‘‘(e) SIMULTANEOUS RECEIPT.— 

9 ‘‘(1) TOTAL DISABILITY.—An employee who re10 ceives compensation for total disability under section 

11 8105 may only receive the lump sum of schedule 

12 compensation under this section in addition to and 

13 simultaneously with the benefits for total disability 

14 after the date on which the basic compensation for 

15 total disability of the employee becomes 50 percent 

16 of the monthly pay of the employee under section 

17 8105(b). 

18 ‘‘(2) PARTIAL DISABILITY.—An employee who 

19 receives benefits for partial disability under section 

20 8106 may only receive the lump sum of schedule 

21 compensation under this section in addition to and 

22 simultaneously with the benefits for partial disability 

23 after the date on which the basic compensation for 

24 partial disability of the employee becomes 50 percent 

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1 ployee and the monthly wage-earning capacity of the 

2 employee after the beginning of the partial disability 

3 under section 8106(b).’’. 

4 SEC. 505. VOCATIONAL REHABILITATION. 

5 (a) IN GENERAL.—Section 8104 is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘(a) The Secretary of 

8 Labor may’’ and all that follows through ‘‘un9 dergo vocational rehabilitation.’’ and inserting 

10 the following: 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) DIRECTION.—Except as provided in para13 graph (2), not earlier than the date that is 6 months 

14 after the date on which an individual eligible for 

15 wage-loss compensation under section 8105 or 8106 

16 is injured, or by such other date as the Secretary of 

17 Labor determines it would be reasonable under the 

18 circumstances for the individual to begin vocational 

19 rehabilitation, and if vocational rehabilitation may 

20 enable the individual to become capable of more 

21 gainful employment, the Secretary of Labor shall di22 rect the individual to participate in developing a 

23 comprehensive return to work plan and to undergo 

24 vocational rehabilitation at a location a reasonable 

25 distance from the residence of the individual.’’; 


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1 (B) by striking ‘‘the Secretary of Health, 

2 Education, and Welfare in carrying out the pur3 poses of chapter 4 of title 29’’ and inserting 

4 ‘‘the Secretary of Education in carrying out the 

5 purposes of the Rehabilitation Act of 1973 (29 

6 U.S.C. 701 et seq.)’’; 

7 (C) by striking ‘‘under section 32(b)(1) of 

8 title 29’’ and inserting ‘‘under section 5 of the 

9 Rehabilitation Act of 1973 (29 U.S.C. 704)’’; 

10 and 

11 (D) by adding at the end the following: 

12 ‘‘(2) EXCEPTION.—The Secretary of Labor may 

13 not direct an individual who has attained retirement 

14 age to participate in developing a comprehensive re15 turn to work plan or to undergo vocational rehabili16 tation.’’; 

17 (2) by redesignating subsection (b) as sub18 section (c); 

19 (3) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) CONTENTS OF RETURN TO WORK PLAN.—A re22 turn to work plan developed under subsection (a)— 

23 ‘‘(1) shall— 


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1 ‘‘(A) set forth specific measures designed 

2 to increase the wage-earning capacity of an in3 dividual; 

4 ‘‘(B) take into account the prior training 

5 and education of the individual and the train6 ing, educational, and employment opportunities 

7 reasonably available to the individual; and 

8 ‘‘(C) provide that any employment under9 taken by the individual under the return to 

10 work plan be at a location a reasonable distance 

11 from the residence of the individual; 

12 ‘‘(2) may provide that the Secretary will pay 

13 out of amounts in the Employees’ Compensation 

14 Fund reasonable expenses of vocational rehabilita15 tion (which may include tuition, books, training fees, 

16 supplies, equipment, and child or dependent care) 

17 during the course of the plan; and 

18 ‘‘(3) may not be for a period of more than 2 

19 years, unless the Secretary finds good cause to grant 

20 an extension, which may be for not more than 2 

21 years.’’; 

22 (4) in subsection (c), as so redesignated— 

23 (A) by inserting ‘‘COMPENSATION.—’’ be24 fore ‘‘Notwithstanding’’; and 


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1 (B) by striking ‘‘, other than employment 

2 undertaken pursuant to such rehabilitation’’; 

3 and 

4 (5) by adding at the end the following: 

5 ‘‘(d) ASSISTED REEMPLOYMENT AGREEMENTS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may enter 

7 into an assisted reemployment agreement with an 

8 agency or instrumentality of any branch of the Fed9 eral Government or a State or local government or 

10 a private employer that employs an individual eligi11 ble for wage-loss compensation under section 8105 

12 or 8106 to enable the individual to return to produc13 tive employment. 

14 ‘‘(2) CONTENTS.—An assisted reemployment 

15 agreement under paragraph (1)— 

16 ‘‘(A) may provide that the Secretary will 

17 use amounts in the Employees’ Compensation 

18 Fund to reimburse an employer in an amount 

19 equal to not more than 100 percent of the com20 pensation the individual would otherwise receive 

21 under section 8105 or 8106; and 

22 ‘‘(B) may not be for a period of more than 

23 3 years. 

24 ‘‘(e) LIST.—To facilitate the hiring of individuals eli25 gible for wage-loss compensation under section 8105 or 


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1 8106, the Secretary shall provide a list of such individuals 

2 to the Office of Personnel Management, which the Office 

3 of Personnel Management shall provide to all agencies and 

4 instrumentalities of the Federal Government.’’. 

5 (b) EMPLOYEES’ COMPENSATION FUND.—Section 

6 8147 is amended by adding at the end: 

7 ‘‘(d) Notwithstanding subsection (b), any benefits or 

8 other payments paid to or on behalf of an employee under 

9 this subchapter or any extension or application thereof for 

10 a recurrence of injury, consequential injury, aggravation 

11 of injury, or increase in percentage of impairment to a 

12 member for which compensation is provided under the 

13 schedule under section 8107 suffered in a permanent posi14 tion with an agency or instrumentality of the United 

15 States while the employment with the agency or instru16 mentality is covered under an assisted reemployment 

17 agreement entered into under section 8104(d) shall not 

18 be included in total cost of benefits and other payments 

19 in the statement provided to the agency or instrumentality 

20 under subsection (b) if the injury was originally incurred 

21 in a position not covered by an assisted reemployment 

22 agreement.’’. 

23 (c) TERMINATION OF VOCATIONAL REHABILITATION

24 REQUIREMENT AFTER RETIREMENT AGE.—Section 

25 8113(b) is amended by adding at the end the following: 


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1 ‘‘An individual who has attained retirement age may not 

2 be required to undergo vocational rehabilitation.’’. 

3 (d) MANDATORY BENEFIT REDUCTION FOR NON4 COMPLIANCE.—Section 8113(b) is amended by striking 

5 ‘‘may reduce’’ and inserting ‘‘shall reduce’’. 

6 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) IN GENERAL.—Subchapter III of chapter 

8 15 of title 31, United States Code, is amended by 

9 adding at the end the following: 

10 ‘‘§ 1538. Authorization for assisted reemployment 

11 ‘‘Funds may be transferred from the Employees’ 

12 Compensation Fund established under section 8147 of 

13 title 5 to the applicable appropriations account for an 

14 agency or instrumentality of any branch of the Federal 

15 Government for the purposes of reimbursing the agency 

16 or instrumentality in accordance with an assisted reem17 ployment agreement entered into under section 8104 of 

18 title 5.’’. 

19 (2) TABLE OF SECTIONS.—The table of sections 

20 for chapter 15 of title 31, United States Code, is 

21 amended by inserting after the item relating to sec22 tion 1537 the following: 

‘‘1538. Authorization for assisted reemployment.’’. 

23 SEC. 506. REPORTING REQUIREMENTS. 

24 (a) IN GENERAL.—Chapter 81 is amended by insert25 ing after section 8106 the following: 


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1 ‘‘§ 8106a. Reporting requirements 

2 ‘‘(a) DEFINITION.—In this section, the term ‘em3 ployee receiving compensation’ means an employee who— 

4 ‘‘(1) is paid compensation under section 8105 

5 or 8106; and 

6 ‘‘(2) has not attained retirement age. 

7 ‘‘(b) AUTHORITY.—The Secretary of Labor shall re8 quire an employee receiving compensation to report the 

9 earnings of the employee receiving compensation from em10 ployment or self-employment, by affidavit or otherwise, in 

11 the manner and at the times the Secretary specifies. 

12 ‘‘(c) CONTENTS.—An employee receiving compensa13 tion shall include in a report required under subsection 

14 (b) the value of housing, board, lodging, and other advan15 tages which are part of the earnings of the employee re16 ceiving compensation in employment or self-employment 

17 and the value of which can be estimated. 

18 ‘‘(d) FAILURE TO REPORT AND FALSE REPORTS.— 

19 ‘‘(1) IN GENERAL.—An employee receiving com20 pensation who fails to make an affidavit or other re21 port required under subsection (b) or who knowingly 

22 omits or understates any part of the earnings of the 

23 employee in such an affidavit or other report shall 

24 forfeit the right to compensation with respect to any 

25 period for which the report was required. 


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1 ‘‘(2) FORFEITED COMPENSATION.—Compensa2 tion forfeited under this subsection, if already paid 

3 to the employee receiving compensation, shall be re4 covered by a deduction from the compensation pay5 able to the employee or otherwise recovered under 

6 section 8129, unless recovery is waived under that 

7 section.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 The table of sections for chapter 81 is amended by insert10 ing after the item relating to section 8106 the following: 

‘‘8106a. Reporting requirements.’’. 

11 SEC. 507. DISABILITY MANAGEMENT REVIEW; INDE12 PENDENT MEDICAL EXAMINATIONS. 

13 Section 8123 is amended— 

14 (1) in subsection (a), by inserting ‘‘IN GEN15 ERAL.—’’ before ‘‘An employee shall’’; 

16 (2) in subsection (b), by inserting ‘‘EX17 PENSES.—’’ before ‘‘An employee is entitled’’; 

18 (3) in subsection (c), by inserting ‘‘FEES.—’’ 

19 before ‘‘The Secretary shall’’; 

20 (4) in subsection (d), by inserting ‘‘REFUSAL

21 OR OBSTRUCTION.—’’ before ‘‘If an employee’’; and 

22 (5) by adding at the end the following: 

23 ‘‘(e) DISABILITY MANAGEMENT REVIEW.— 

24 ‘‘(1) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘covered employee’ means an 

2 employee who is in continuous receipt of com3 pensation for total disability under section 8105 

4 for a period of not less than 6 months; and 

5 ‘‘(B) the term ‘disability management re6 view process’ means the disability management 

7 review process established under paragraph 

8 (2)(A). 

9 ‘‘(2) ESTABLISHMENT.—The Secretary of 

10 Labor shall— 

11 ‘‘(A) establish a disability management re12 view process for the purpose of certifying and 

13 monitoring the disability status and extent of 

14 injury of each covered employee; and 

15 ‘‘(B) promulgate regulations for the ad16 ministration of the disability management re17 view process. 

18 ‘‘(3) PHYSICAL EXAMINATIONS REQUIRED.— 

19 Under the disability management review process, the 

20 Secretary of Labor shall periodically require covered 

21 employees to submit to physical examinations under 

22 subsection (a) by physicians selected by the Sec23 retary. A physician conducting a physical examina24 tion of a covered employee shall submit to the SecVerDate Sep 11 2014 04:25 Sep 23, 2015 Jkt 049200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S2051.IS S2051

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1 retary a report regarding the nature and extent of 

2 the injury to and disability of the covered employee. 

3 ‘‘(4) FREQUENCY.— 

4 ‘‘(A) IN GENERAL.—The regulations pro5 mulgated under paragraph (2)(B) shall specify 

6 the process and criteria for determining when 

7 and how frequently a physical examination 

8 should be conducted for a covered employee. 

9 ‘‘(B) MINIMUM FREQUENCY.— 

10 ‘‘(i) INITIAL.—An initial physical ex11 amination shall be conducted not more 

12 than a brief period after the date on which 

13 a covered employee has been in continuous 

14 receipt of compensation for total disability 

15 under section 8015 for 6 months. 

16 ‘‘(ii) SUBSEQUENT EXAMINATIONS.— 

17 After the initial physical examination, 

18 physical examinations of a covered em19 ployee shall be conducted not less than 

20 once every 3 years. 

21 ‘‘(5) EMPLOYING AGENCY OR INSTRUMEN22 TALITY REQUESTS.— 

23 ‘‘(A) IN GENERAL.—The agency or instru24 mentality employing a covered employee who 

25 has made a claim for compensation for total 


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1 disability under section 8105 may at any time 

2 submit a request for the Secretary of Labor to 

3 promptly require the covered employee to sub4 mit to a physical examination under this sub5 section. 

6 ‘‘(B) REQUESTING OFFICER.—A request 

7 under subparagraph (A) shall be made on be8 half of an agency or instrumentality by— 

9 ‘‘(i) the head of the agency or instru10 mentality; 

11 ‘‘(ii) the Chief Human Capital Officer 

12 of the agency or instrumentality; or 

13 ‘‘(iii) if the agency or instrumentality 

14 does not have a Chief Human Capital Offi15 cer, an officer with responsibilities similar 

16 to those of a Chief Human Capital Officer 

17 designated by the head of the agency or in18 strumentality to make requests under this 

19 paragraph. 

20 ‘‘(C) INFORMATION.—A request under sub21 paragraph (A) shall be in writing and accom22 panied by— 

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1 viewed the relevant material in the covered 

2 employee’s file; 

3 ‘‘(ii) an explanation of why the officer 

4 has determined, based on the materials in 

5 the file and other information known to 

6 the officer, that requiring a physical exam7 ination of the covered employee under this 

8 subsection is necessary; and 

9 ‘‘(iii) copies of the materials relating 

10 to the covered employee that are relevant 

11 to the officer’s determination and request, 

12 unless the agency or instrumentality has a 

13 reasonable basis for not providing the ma14 terials. 

15 ‘‘(D) EXAMINATION.—If the Secretary of 

16 Labor receives a request under this paragraph 

17 before a covered employee has undergone an 

18 initial physical examination under paragraph 

19 (4)(B)(i), the Secretary shall promptly require 

20 the physical examination of the covered em21 ployee. A physical examination under this sub22 paragraph shall satisfy the requirement under 

23 paragraph (4)(B)(i) that an initial physical ex24 amination be conducted. 

25 ‘‘(E) AFTER INITIAL EXAMINATION.— 


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1 ‘‘(i) IN GENERAL.—If the Secretary of 

2 Labor receives a request under this para3 graph after a covered employee has under4 gone an initial physical examination under 

5 paragraph (4)(B)(i), the Secretary shall— 

6 ‘‘(I) review the request and the 

7 information, explanation, and other 

8 materials submitted with the request; 

9 and 

10 ‘‘(II) determine whether to re11 quire the physical examination of the 

12 covered employee who is the subject of 

13 the request. 

14 ‘‘(ii) NOT GRANTED.—If the Secretary 

15 determines not to grant a request de16 scribed in clause (i), the Secretary shall 

17 promptly notify the officer who made the 

18 request and provide an explanation of the 

19 reasons why the request was denied.’’. 

20 SEC. 508. WAITING PERIOD. 

21 (a) IN GENERAL.—Section 8117 is amended— 

22 (1) in the section heading, by striking ‘‘Time 

23 of accrual of right’’ and inserting ‘‘Waiting 

24 period’’; 

25 (2) in subsection (a)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘An employee’’ and all that follows 

3 through ‘‘is not entitled’’ and inserting ‘‘IN

4 GENERAL.—An employee is not entitled to con5 tinuation of pay within the meaning of section 

6 8118 for the first 3 days of temporary disability 

7 or, if section 8118 does not apply, is not enti8 tled’’; 

9 (B) in paragraph (1), by adding ‘‘or’’ at 

10 the end; 

11 (C) by striking paragraph (2); and 

12 (D) by redesignating paragraph (3) as 

13 paragraph (2); and 

14 (3) in subsection (b)— 

15 (A) by striking ‘‘A Postal Service’’ the first 

16 place it appears and all that follows through ‘‘A 

17 Postal Service’’ the second place it appears and 

18 inserting ‘‘USE OF LEAVE.—An’’; 

19 (B) by striking ‘‘that 3-day period’’ and in20 serting ‘‘the first 3 days of temporary dis21 ability’’; and 

22 (C) by striking ‘‘or is followed by perma23 nent disability’’. 

24 (b) CONTINUATION OF PAY.—Section 8118 is amend25 ed— 


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1 (1) in the section heading, by striking ‘‘; elec2 tion to use annual or sick leave’’; 

3 (2) in subsection (a), by inserting ‘‘IN GEN4 ERAL.—’’ before ‘‘The United States’’; 

5 (3) in subsection (b)— 

6 (A) by inserting ‘‘FURNISHING OF CON7 TINUATION OF PAY.—’’ before ‘‘Continuation of 

8 pay’’; and 

9 (B) in paragraph (1), by striking ‘‘section 

10 8117(b)’’ and inserting ‘‘section 8117’’; 

11 (4) by striking subsection (c); 

12 (5) by redesignating subsection (d) as sub13 sections (c); 

14 (6) in subsection (c), as so redesignated, by in15 serting ‘‘DENIAL.—’’ before ‘‘If a claim’’; and 

16 (7) in subsection (e), by inserting ‘‘TREATMENT

17 OF PAYMENTS.—’’ before ‘‘Payments under this sec18 tion’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 The table of sections for chapter 81 is amended by strik21 ing the items relating to sections 8117 and 8118 and in22 serting the following: 

‘‘8117. Waiting period. 

‘‘8118. Continuation of pay.’’. 

23 SEC. 509. ELECTION OF BENEFITS. 

24 (a) IN GENERAL.—Section 8116 is amended— 


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1 (1) in subsection (a), by inserting ‘‘IN GEN2 ERAL.—’’ before ‘‘While an employee’’; 

3 (2) in subsection (b), by inserting ‘‘ELEC4 TION.—’’ before ‘‘An individual entitled’’; 

5 (3) in subsection (c), by inserting ‘‘LIABIL6 ITY.—’’ before ‘‘The liability of the United States’’; 

7 (4) in subsection (d), by inserting ‘‘EXCEP8 TIONS.—’’ before ‘‘Notwithstanding’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(e) RETIREMENT BENEFITS.— 

11 ‘‘(1) IN GENERAL.—An individual entitled to 

12 compensation benefits payable under this subchapter 

13 and under chapter 83, subchapter II of chapter 84, 

14 or any other retirement system for employees of the 

15 Government, for the same period, shall elect which 

16 benefits the individual will receive. 

17 ‘‘(2) ELECTION.— 

18 ‘‘(A) DEADLINE.—An individual shall 

19 make an election under paragraph (1) in ac20 cordance with such deadlines as the Secretary 

21 of Labor shall establish, which shall be a rea22 sonable period after the individual has received 

23 notice of a final determination that the indi24 vidual is entitled to compensation benefits pay25 able under this subchapter. 


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1 ‘‘(B) REVOCABILITY.—An election under 

2 paragraph (1) shall be revocable, notwith3 standing any other provision of law, except for 

4 any period during which an individual— 

5 ‘‘(i) was qualified for benefits payable 

6 under both this subchapter and under a re7 tirement system described in paragraph 

8 (1); and 

9 ‘‘(ii) was paid benefits under the re10 tirement system after having been notified 

11 of eligibility for benefits under this sub12 chapter. 

13 ‘‘(3) INFORMED CHOICE.—The Secretary of 

14 Labor shall provide information, and shall ensure 

15 that information is provided, to an individual de16 scribed in paragraph (1) about the benefits available 

17 to the individual under this subchapter or under 

18 chapter 83, subchapter II of chapter 84, or any 

19 other retirement system referred to in paragraph (1) 

20 the individual may elect to receive.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Sections 8337(f)(3) and 8464a(a)(3) are each amended by 

23 striking ‘‘Paragraphs’’ and inserting ‘‘Except as provided 

24 under chapter 81, paragraphs’’. 


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1 SEC. 510. SANCTION FOR NONCOOPERATION WITH FIELD 

2 NURSES. 

3 Section 8123, as amended by section 507, is amended 

4 by adding at the end the following: 

5 ‘‘(f) FIELD NURSES.— 

6 ‘‘(1) DEFINITION.—In this subsection, the term 

7 ‘field nurse’ means a registered nurse that assists 

8 the Secretary in the medical management of dis9 ability claims under this subchapter and provides 

10 claimants with assistance in coordinating medical 

11 care. 

12 ‘‘(2) AUTHORIZATION.—The Secretary may use 

13 field nurses to coordinate medical services and voca14 tional rehabilitation programs for injured employees 

15 under this subchapter. If an employee refuses to co16 operate with a field nurse or obstructs a field nurse 

17 in the performance of duties under this subchapter, 

18 the right to compensation under this subchapter 

19 shall be suspended until the refusal or obstruction 

20 stops.’’. 

21 SEC. 511. SUBROGATION OF CONTINUATION OF PAY. 

22 (a) IN GENERAL.—Section 8131 is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph 

25 (1)— 


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1 (i) by inserting ‘‘IN GENERAL.—’’ be2 fore ‘‘If an injury’’; and 

3 (ii) by inserting ‘‘continuation of pay 

4 or’’ before ‘‘compensation’’; 

5 (B) in paragraph (1), by striking ‘‘he’’ 

6 each place it appears and inserting ‘‘the bene7 ficiary’’; and 

8 (C) in paragraph (2), by striking ‘‘his own 

9 name’’ and inserting ‘‘the name of the bene10 ficiary’’; 

11 (2) in subsection (b)— 

12 (A) by inserting ‘‘REFUSAL.—’’ before ‘‘A 

13 beneficiary’’; 

14 (B) by striking ‘‘his own name’’ and in15 serting ‘‘the name of the beneficiary’’; and 

16 (C) by inserting ‘‘continuation of pay or’’ 

17 before ‘‘compensation’’; 

18 (3) in subsection (c)— 

19 (A) by inserting ‘‘PROSECUTION AND COM20 PROMISE.—’’ before ‘‘The Secretary may’’; 

21 (B) by striking ‘‘he shall’’ and inserting 

22 ‘‘the Secretary shall’’; 

23 (C) by inserting ‘‘continuation of pay or’’ 

24 before ‘‘compensation already paid’’; and 


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1 (D) by inserting ‘‘continuation of pay or’’ 

2 before ‘‘compensation payable’’; and 

3 (4) in subsection (d), by inserting ‘‘PANAMA

4 CANAL COMPANY.—’’ before ‘‘If an injury’’. 

5 (b) ADJUSTMENT AFTER RECOVERY FROM A THIRD

6 PERSON.—Section 8132 is amended— 

7 (1) in the first sentence— 

8 (A) by inserting ‘‘continuation of pay or’’ 

9 before ‘‘compensation is payable’’; 

10 (B) by inserting ‘‘continuation of pay or’’ 

11 before ‘‘compensation from the United States’’; 

12 (C) by striking ‘‘by him or in his behalf’’ 

13 and inserting ‘‘by the beneficiary or on behalf 

14 of the beneficiary’’; 

15 (D) by inserting ‘‘continuation of pay and’’ 

16 before ‘‘compensation paid by the United 

17 States’’; and 

18 (E) by striking ‘‘compensation payable to 

19 him’’ and inserting ‘‘continuation of pay or 

20 compensation payable to the beneficiary’’; 

21 (2) in the second sentence, by striking ‘‘his des22 ignee’’ and inserting ‘‘the designee of the bene23 ficiary’’; and 

24 (3) in the fourth sentence, by striking ‘‘If com25 pensation’’ and all that follows through ‘‘payable to 


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1 him by the United States’’ and inserting ‘‘If con2 tinuation of pay or compensation has not been paid 

3 to the beneficiary, the money or property shall be 

4 credited against continuation of pay or compensation 

5 payable to the beneficiary by the United States’’. 

6 (c) EFFECTIVE DATE.—This section and the amend7 ments made by this section shall take effect on the date 

8 of enactment of this Act. 

9 SEC. 512. INTEGRITY AND COMPLIANCE. 

10 (a) IN GENERAL.—Subchapter I of chapter 81 is 

11 amended by adding at the end the following: 

12 ‘‘§ 8153. Integrity and Compliance Program 

13 ‘‘(a) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘FECA program’ means the Fed15 eral Employees Compensation Program administered 

16 under this subchapter; 

17 ‘‘(2) the term ‘improper payment’ has the 

18 meaning given that term in section 2(f) of the Im19 proper Payments Information Act of 2002 (31 

20 U.S.C. 3321 note); 

21 ‘‘(3) the term ‘Inspector General’— 

22 ‘‘(A) means an Inspector General described 

23 in subparagraph (A), (B), or (I) of section 

24 11(b)(1) of the Inspector General Act of 1978 

25 (5 U.S.C. App.); and 


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1 ‘‘(B) does not include the Inspector Gen2 eral of an entity having no employees covered 

3 under the FECA program; 

4 ‘‘(4) the term ‘Integrity and Compliance Pro5 gram’ means the Integrity and Compliance Program 

6 established under subsection (b); 

7 ‘‘(5) the term ‘provider’ means a provider of 

8 medical or other services under the FECA program; 

9 ‘‘(6) the term ‘Secretary’ means the Secretary 

10 of Labor; and 

11 ‘‘(7) the term ‘Task Force’ means the FECA 

12 Integrity and Compliance Task Force established 

13 under subsection (c)(2)(A). 

14 ‘‘(b) INTEGRITY AND COMPLIANCE PROGRAM.—Not 

15 later than 270 days after the date of enactment of this 

16 section, the Secretary shall establish an Integrity and 

17 Compliance Program for the purpose of preventing, identi18 fying, and recovering fraudulent and other improper pay19 ments for the FECA program, which shall include— 

20 ‘‘(1) procedures for identifying potentially im21 proper payments before payment is made to claim22 ants and providers, including, where appropriate, 

23 predictive analytics; 


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1 ‘‘(2) reviews after payment is made to identify 

2 potentially improper payments to claimants and pro3 viders; 

4 ‘‘(3) on-going screening and verification proce5 dures to ensure the continued eligibility of medical 

6 providers to provide services under the FECA pro7 gram, including licensure, Federal disbarment, and 

8 the existence of relevant criminal convictions; 

9 ‘‘(4) provision of appropriate information, edu10 cation, and training to claimants and providers on 

11 requirements to ensure the integrity of the FECA 

12 program, including payments under the FECA pro13 gram; 

14 ‘‘(5) appropriate controls and audits to ensure 

15 that providers adopt internal controls and proce16 dures for compliance with requirements under the 

17 FECA program; 

18 ‘‘(6) procedures to ensure— 

19 ‘‘(A) initial and continuing eligibility of 

20 claimants for compensation, benefits, or services 

21 under the FECA program; and 

22 ‘‘(B) ongoing verification of information in 

23 databases relating to claimants to ensure accu24 racy and completeness; and 


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1 ‘‘(7) sharing and accessing data and informa2 tion with other agencies and instrumentalities of the 

3 United States, including the United States Postal 

4 Service. 

5 ‘‘(c) INTERAGENCY COOPERATION ON ANTI-FRAUD

6 EFFORTS.— 

7 ‘‘(1) IN GENERAL.—In administering the 

8 FECA program, including the Integrity and Compli9 ance Program, the Secretary shall cooperate with 

10 other agencies and instrumentalities of the United 

11 States (including the United States Postal Service) 

12 and the Inspectors General of such agencies and in13 strumentalities to prevent, identify, and recover 

14 fraudulent and other improper payments under the 

15 FECA program. 

16 ‘‘(2) TASK FORCE.— 

17 ‘‘(A) IN GENERAL.—There is established a 

18 task force, which shall be known as the FECA 

19 Integrity and Compliance Task Force. 

20 ‘‘(B) MEMBERSHIP.—The members of the 

21 Task Force shall be— 

22 ‘‘(i) the Secretary, who shall serve as 

23 the Chairperson of the Task Force; 


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1 ‘‘(ii) the Postmaster General, who 

2 shall serve as the Vice Chairperson of the 

3 Task Force; 

4 ‘‘(iii) the Attorney General; 

5 ‘‘(iv) the Director of the Office of 

6 Management and Budget; and 

7 ‘‘(v) other appropriate Federal offi8 cials, as determined by the Chairperson 

9 and Vice Chairperson of the Task Force. 

10 ‘‘(C) ADVISORY MEMBERS.—The following 

11 officials shall attend meetings of the Task 

12 Force and participate as ad hoc, advisory mem13 bers, to provide technical assistance and guid14 ance to the Task Force with respect to the du15 ties of the Task Force: 

16 ‘‘(i) The Inspector General of the De17 partment of Labor. 

18 ‘‘(ii) The Inspector General of the 

19 United States Postal Service. 

20 ‘‘(iii) The Inspectors General of other 

21 appropriate agencies and instrumentalities 

22 of the United States that employ a signifi23 cant number of individuals receiving com24 pensation, benefits, or services under the 


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1 FECA program, as determined by the 

2 Chairperson of the Task Force. 

3 ‘‘(D) DUTIES.—The Task Force shall— 

4 ‘‘(i) set forth, in writing, a description 

5 of the respective roles and responsibilities 

6 in preventing, identifying, recovering, and 

7 prosecuting fraud under, and otherwise en8 suring integrity and compliance of, the 

9 FECA program of— 

10 ‘‘(I) the Secretary (including sub11 ordinate officials such as the Director 

12 of the Office of Workers’ Compensa13 tion Programs); 

14 ‘‘(II) the Inspector General of 

15 the Department of Labor; 

16 ‘‘(III) the Inspectors General of 

17 agencies and instrumentalities of the 

18 United States that employ claimants 

19 under the FECA program; 

20 ‘‘(IV) the Attorney General; and 

21 ‘‘(V) any other relevant officials; 

22 ‘‘(ii) develop procedures for sharing 

23 information of possible fraud under the 

24 FECA program or other intentional 

25 misstatements by claimants or providers 


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1 under the FECA program, including proce2 dures addressing— 

3 ‘‘(I) notification of appropriate 

4 officials of the Department of Labor 

5 of potential fraud or other intentional 

6 misstatements, including provision of 

7 supporting information; 

8 ‘‘(II) timely and appropriate re9 sponse by officials of the Department 

10 of Labor to notifications described in 

11 subclause (I); 

12 ‘‘(III) the inclusion of informa13 tion and evidence relating to fraud 

14 and other intentional misstatements 

15 in criminal, civil, and administrative 

16 proceedings relating to the provision 

17 of compensation, benefits, or medical 

18 services (including payments to pro19 viders) under the FECA program; 

20 ‘‘(IV) the coordination of crimi21 nal investigations with the administra22 tion of the FECA program; and 

23 ‘‘(V) the protection of informa24 tion relating to an investigation of 

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1 gram from potential disclosure, in2 cluding requirements that enable in3 vestigative files to be appropriately 

4 separated from case management 

5 files; and 

6 ‘‘(iii) not later than 1 year after the 

7 date of enactment of this section, submit 

8 to the Committee on Homeland Security 

9 and Governmental Affairs of the Senate 

10 and the Committee on Oversight and Gov11 ernment Reform and the Committee on 

12 Education and the Workforce of the House 

13 of Representatives a report that includes 

14 the description and procedures required 

15 under clauses (i) and (ii). 

16 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection shall be construed to limit or restrict 

18 any authority of an Inspector General. 

19 ‘‘(d) IMPROVEMENTS TO ACCESS OF FEDERAL DATA20 BASES.— 

21 ‘‘(1) IN GENERAL.—In order to improve compli22 ance with the requirements under and the integrity 

23 of the FECA program, or as required to otherwise 

24 detect and prevent improper payments under the 

25 FECA program (including for purposes of computer 


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1 matching under subsection (e)(1)(D)), upon written 

2 request— 

3 ‘‘(A) the Commissioner of Social Security 

4 shall make available to the Secretary, the Post5 master General, and each Inspector General the 

6 Social Security earnings information of a living 

7 or deceased employee; 

8 ‘‘(B) the Director of the Office of Per9 sonnel Management shall make available to the 

10 Secretary, the Postmaster General, and each 

11 Inspector General the information in the data12 bases of Federal employees and retirees main13 tained by the Director; and 

14 ‘‘(C) the Secretary of Veterans Affairs 

15 shall make available to the Secretary, the Post16 master General, and each Inspector General the 

17 information in the database of disabled individ18 uals maintained by the Secretary of Veterans 

19 Affairs. 

20 ‘‘(2) NATIONAL DIRECTORY OF NEW HIRES.— 

21 Upon written request, the Secretary of Health and 

22 Human Services shall make available to the Sec23 retary, the Postmaster General, each Inspector Gen24 eral, and the Comptroller General of the United 

25 States the information in the National Directory of 


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1 New Hires for purposes of carrying out this sub2 chapter, in order to improve compliance with the re3 quirements under and the integrity of the FECA 

4 program, or as required to otherwise detect and pre5 vent improper payments under the FECA program 

6 (including for purposes of computer matching under 

7 subsection (e)(1)(D)). The Comptroller General may 

8 obtain information from the National Directory of 

9 New Hires for purposes of any audit, evaluation, or 

10 investigation, including any audit, evaluation, or in11 vestigation relating to program integrity. 

12 ‘‘(3) PROCEDURES.—The Secretary shall estab13 lish procedures for correlating the identity and sta14 tus of recipients of compensation, benefits, or serv15 ices under this subchapter with Social Security earn16 ings information described in paragraph (1)(A). 

17 ‘‘(4) PROVISION.—Information requested under 

18 this subsection shall be provided— 

19 ‘‘(A) in a timely manner; 

20 ‘‘(B) at a reasonable cost to the Secretary, 

21 the Postmaster General, or an Inspector Gen22 eral; 

23 ‘‘(C) without cost to the Comptroller Gen24 eral of the United States; and 


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1 ‘‘(D) in the manner, frequency, and form 

2 reasonably specified by the officer making the 

3 request, which, upon request, shall include elec4 tronic form. 

5 ‘‘(5) ASSESSMENT OF DATA COST-EFFECTIVE6 NESS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 consider and assess procedures for correlating 

9 the identity and status of recipients of com10 pensation, benefits, or services under this sub11 chapter with information relating to employees, 

12 retirees, and individuals described in subpara13 graphs (B) and (C) of paragraph (1) and para14 graph (2). 

15 ‘‘(B) REPORT.—Not later than 1 year 

16 after the date of enactment of this section, the 

17 Secretary shall submit to the Committee on 

18 Homeland Security and Governmental Affairs 

19 of the Senate and the Committee on Oversight 

20 and Government Reform and the Committee on 

21 Education and the Workforce of the House of 

22 Representatives a report on the cost-effective23 ness of the use of the databases described in 

24 subparagraphs (B) and (C) of paragraph (1) 

25 and paragraph (2) for program compliance and 


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1 integrity. The report required under this sub2 paragraph may be included as part of the re3 port required under subsection (f). 

4 ‘‘(6) UNITED STATES POSTAL SERVICE FECA

5 ENROLLEE DATABASE.—Not later than 180 days 

6 after the date of enactment of this section, in order 

7 to track, verify, and communicate with the Secretary 

8 and other relevant entities, the Postmaster General 

9 shall establish an electronic database of information 

10 relating to employees of the United States Postal 

11 Service who have applied for or are receiving com12 pensation, benefits, or services under this sub13 chapter. 

14 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

15 this subsection shall be construed to limit the au16 thority of the Comptroller General of the United 

17 States under section 716 of title 31. 

18 ‘‘(e) GENERAL PROTOCOLS AND SECURITY.— 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) IN GENERAL.—In order to ensure 

21 strong information security and privacy stand22 ards, the Task Force shall establish protocols 

23 for the secure transfer and storage of any infor24 mation provided to an individual or entity 

25 under this section. 


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1 ‘‘(B) CONSIDERATIONS.—In establishing 

2 protocols under subparagraph (A), the Task 

3 Force shall consider any recommendations sub4 mitted to the Secretary by the Inspector Gen5 eral of the Department of Health and Human 

6 Services with respect to the secure transfer and 

7 storage of information, and to comply with pri8 vacy laws and best practices. 

9 ‘‘(C) FRAUD CASE PROTECTION.—The 

10 Task Force shall establish protocols and proce11 dures to enable information and materials relat12 ing to an active investigation of possible fraud 

13 relating to the FECA program to be appro14 priately kept separate from the files for employ15 ees relating to the provision of compensation, 

16 benefits, or services under the FECA program. 

17 ‘‘(D) COMPUTER MATCHING BY FEDERAL

18 AGENCIES FOR PURPOSES OF INVESTIGATION

19 AND PREVENTION OF IMPROPER PAYMENTS

20 AND FRAUD.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in this subparagraph, in accordance 

23 with section 552a (commonly known as the 

24 Privacy Act of 1974), the Secretary, the 

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1 eral, and the head of each agency may 

2 enter into computer matching agreements 

3 that allow ongoing data matching (which 

4 shall include automated data matching) in 

5 order to assist in the detection and preven6 tion of improper payments under the 

7 FECA program. 

8 ‘‘(ii) REVIEW.—Not later than 60 

9 days after a proposal for an agreement 

10 under clause (i) has been presented to a 

11 Data Integrity Board established under 

12 section 552a(u) for consideration, the Data 

13 Integrity Board shall approve or deny the 

14 agreement. 

15 ‘‘(iii) TERMINATION DATE.—An 

16 agreement under clause (i)— 

17 ‘‘(I) shall have a termination 

18 date of less than 3 years; and 

19 ‘‘(II) during the 3-month period 

20 ending on the date on which the 

21 agreement is scheduled to terminate, 

22 may be renewed by the agencies enter23 ing the agreement for not more than 

24 3 years. 


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1 ‘‘(iv) MULTIPLE AGENCIES.—For pur2 poses of this subparagraph, section 

3 552a(o)(1) shall be applied by substituting 

4 ‘between the source agency and the recipi5 ent agency or non-Federal agency or an 

6 agreement governing multiple agencies’ for 

7 ‘between the source agency and the recipi8 ent agency or non-Federal agency’ in the 

9 matter preceding subparagraph (A). 

10 ‘‘(v) COST-BENEFIT ANALYSIS.—An 

11 agreement under clause (i) may be entered 

12 without regard to section 552a(o)(1)(B), 

13 relating to a cost-benefit analysis of the 

14 proposed matching program. 

15 ‘‘(vi) GUIDANCE BY THE OFFICE OF

16 MANAGEMENT AND BUDGET.—Not later 

17 than 6 months after the date of enactment 

18 of the Workers’ Compensation Reform Act 

19 of 2015, and in consultation with the 

20 Council of Inspectors General on Integrity 

21 and Efficiency, the Secretary of Health 

22 and Human Services, the Commissioner of 

23 Social Security, and the head of any other 

24 relevant agency, the Director of the Office 

25 of Management and Budget shall— 


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1 ‘‘(I) issue guidance for agencies 

2 regarding implementing this subpara3 graph, which shall include standards 

4 for reimbursement costs, when nec5 essary, between agencies; and 

6 ‘‘(II) establish standards and de7 velop standard matching agreements 

8 for the purpose of improving the proc9 ess for establishing data use or com10 puter matching agreements. 

11 ‘‘(2) COMPLIANCE.—The Secretary, the Post12 master General, and each Inspector General shall 

13 ensure that any information provided to an indi14 vidual or entity under this section is provided in ac15 cordance with protocols established under paragraph 

16 (1). 

17 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

18 this section shall be construed to affect the rights of 

19 an individual under section 552a(p). 

20 ‘‘(f) REPORT.—Not later than 1 year after the date 

21 of enactment of this section, and annually thereafter for 

22 5 years, the Secretary shall submit a report on the activi23 ties of the Secretary under this section, including imple24 mentation of the Integrity and Compliance Program, to— 


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1 ‘‘(1) the Committee on Homeland Security and 

2 Governmental Affairs of the Senate; and 

3 ‘‘(2) the Committee on Oversight and Govern4 ment Reform and the Committee on Education and 

5 the Workforce of the House of Representatives. 

6 ‘‘(g) GAO REVIEW.—The Comptroller General of the 

7 United States shall— 

8 ‘‘(1) conduct periodic reviews of the Integrity 

9 and Compliance Program; and 

10 ‘‘(2) submit reports on the results of the re11 views under paragraph (1) to the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate and the Committee on Oversight and Govern14 ment Reform and the Committee on Education and 

15 the Workforce of the House of Representatives not 

16 later than— 

17 ‘‘(A) 2 years after the date of enactment 

18 of this section; and 

19 ‘‘(B) 3 years after submission of the report 

20 under subparagraph (A).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 81 is amended by insert23 ing after the item relating to section 8152 the following: 

‘‘8153. Integrity and Compliance Program.’’. 


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1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall take effect on the date 

3 of enactment of this Act. 

4 SEC. 513. AMOUNT OF COMPENSATION. 

5 (a) INJURIES TO FACE, HEAD, AND NECK.—Section 

6 8107(c)(21) is amended— 

7 (1) by striking ‘‘not to exceed $3,500’’ and in8 serting ‘‘in proportion to the severity of the dis9 figurement, not to exceed $50,000,’’; and 

10 (2) by adding at the end the following: ‘‘The 

11 maximum amount of compensation under this para12 graph shall be increased on March 1 of each year by 

13 the amount determined by the Secretary of Labor to 

14 represent the percent change in the price index pub15 lished for December of the preceding year over the 

16 price index published for the December of the year 

17 prior to the preceding year, adjusted to the nearest 

18 one-tenth of 1 percent.’’. 

19 (b) FUNERAL EXPENSES.—Section 8134(a) is 

20 amended— 

21 (1) by striking ‘‘$800’’ and inserting ‘‘$6,000’’; 

22 and 

23 (2) by adding at the end the following: ‘‘The 

24 maximum amount of compensation under this sub25 section shall be increased on March 1 of each year 


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1 by the amount determined by the Secretary of Labor 

2 to represent the percent change in the price index 

3 published for December of the preceding year over 

4 the price index published for the December of the 

5 year prior to the preceding year, adjusted to the 

6 nearest one-tenth of 1 percent.’’. 

7 (c) APPLICATION.—The amendments made by this 

8 section shall apply to injuries or deaths, respectively, oc9 curring on or after the date of enactment of this Act. 

10 SEC. 514. TERRORISM INJURIES; ZONES OF ARMED CON11 FLICT. 

12 (a) COVERING TERRORISM INJURIES.—Section 

13 8102(b), is amended in the matter preceding paragraph 

14 (1)— 

15 (1) by inserting ‘‘or from an attack by a ter16 rorist or terrorist organization, either known or un17 known,’’ after ‘‘force or individual,’’; and 

18 (2) by striking ‘‘outside’’ and all that follows 

19 through ‘‘1979)’’ and inserting ‘‘outside of the 

20 United States’’. 

21 (b) CONTINUATION OF PAY IN A ZONE OF ARMED

22 CONFLICT.—Section 8118, as amended by section 508(b) 

23 of this Act, is amended— 


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1 (1) in subsection (b), by striking ‘‘Continu2 ation’’ and inserting ‘‘Except as provided under sub3 section (d)(2), continuation’’; 

4 (2) in subsection (c), as redesignated by section 

5 508(b)(5) of this Act, by striking ‘‘subsection (a)’’ 

6 and inserting ‘‘subsection (a) or (d)’’; and 

7 (3) by inserting before subsection (e) the fol8 lowing: 

9 ‘‘(d) CONTINUATION OF PAY IN A ZONE OF ARMED

10 CONFLICT.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

12 (a), the United States shall authorize the continu13 ation of pay of an employee described in subpara14 graph (A), (C), (D), or (E) of section 8101(1), 

15 who— 

16 ‘‘(A) files a claim for a period of wage loss 

17 due to an injury in performance of duty in a 

18 zone of armed conflict (as determined by the 

19 Secretary of Labor under paragraph (3)); and 

20 ‘‘(B) files the claim for such wage loss ben21 efit with the immediate superior of the em22 ployee not later than 45 days after the later 

23 of— 


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1 ‘‘(i) the termination of the assignment 

2 of the employee to the zone of armed con3 flict; or 

4 ‘‘(ii) the return of the employee to the 

5 United States. 

6 ‘‘(2) CONTINUATION OF PAY.—Notwithstanding 

7 subsection (b), continuation of pay under this sub8 section shall be furnished for a period not to exceed 

9 135 days without any break in time or waiting pe10 riod, unless controverted under regulations pre11 scribed by the Secretary of Labor. 

12 ‘‘(3) DETERMINATION OF ZONES OF ARMED

13 CONFLICT.—For purposes of this subsection, the 

14 Secretary of Labor, in consultation with the Sec15 retary of State and the Secretary of Defense, shall 

16 determine whether a foreign country or other foreign 

17 geographic area outside of the United States (as de18 fined in section 202(a)(7) of the State Department 

19 Basic Authorities Act of 1956 (22 U.S.C. 

20 4302(a)(7)) is a zone of armed conflict based on 

21 whether— 

22 ‘‘(A) the Armed Forces of the United 

23 States are involved in hostilities in the country 

24 or area; 


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1 ‘‘(B) the incidence of civil insurrection, 

2 civil war, terrorism, or wartime conditions 

3 threatens physical harm or imminent danger to 

4 the health or well-being of United States civil5 ian employees in the country or area; 

6 ‘‘(C) the country or area has been des7 ignated a combat zone by the President under 

8 section 112(c) of the Internal Revenue Code of 

9 1986; 

10 ‘‘(D) a contingency operation involving 

11 combat operations directly affects civilian em12 ployees in the country or area; or 

13 ‘‘(E) there exist other relevant conditions 

14 and factors.’’. 

15 SEC. 515. TECHNICAL AND CONFORMING AMENDMENTS. 

16 Chapter 81 is amended— 

17 (1) in section 8101(1)(D), by inserting ‘‘for an 

18 injury that occurred before the effective date of sec19 tion 204(e) of the District of Columbia Self-Govern20 ment and Governmental Reorganization Act (Public 

21 Law 93–198; 87 Stat. 783; 5 U.S.C. 8101 note)’’ 

22 before the semicolon; and 

23 (2) in section 8139, by inserting ‘‘under this 

24 subchapter’’ after ‘‘Compensation awarded’’. 


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1 SEC. 516. REGULATIONS. 

2 (a) IN GENERAL.—As soon as possible after the date 

3 of enactment of this Act, the Secretary of Labor shall pro4 mulgate regulations (which may include interim final reg5 ulations) to carry out this title. 

6 (b) CONTENTS.—The regulations promulgated under 

7 subsection (a) shall include, for purposes of the amend8 ments made by sections 502 and 503, clarification of— 

9 (1) what is a claim; and 

10 (2) what is the date on which a period of dis11 ability, for which a claim is made, commences. 

12 SEC. 517. EFFECTIVE DATE. 

13 Except as otherwise provided in this title, this title 

14 and the amendments made by this title shall take effect 

15 60 days after the date of enactment of this Act. 

Æ 


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