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Statements On Introduced Bills And Joint Resolutions

By Mr. REID (for himself and Mr. Heller):

S. 1788. A bill to designate the Pine/Forest Range Wilderness area in Humboldt County, Nevada; to the Committee on Energy and Natural Resources.

Sen. Harry Reid

legislator photo

Mr. President, I rise today to introduce the Pine Forest Recreation Enhancement Act of 2011.

The entire Nevada congressional delegation has joined together in support of this important legislation for northern Nevada. The Pine Forest Recreation Enhancement Act would designate 26,000 acres of public lands within the Blue Lakes and Alder Creek Wilderness Study Areas, WSAs, as the Pine Forest Range Wilderness Area while releasing 1,1500 acres of existing WSA lands. The bill also directs the Bureau of Land Management, BLM, to exchange federal lands nearby ranches in Humboldt County for private parcels within the existing WSAs. These exchanges will allow the BLM to more effectively manage the wilderness area and increase the economic opportunities for the adjacent ranches by providing land for agricultural uses.

This bill is the product of a comprehensive local process that took into consideration the concerns of local landowners, sportsmen, conservationists, and other interested parties in Humboldt County. This diverse group of stakeholders came together to develop this compromise proposal through a series of public meetings and field trips. This process was so successful that, for the first time that I can remember, a wilderness proposal was presented to our delegation with almost unanimous support and the Nevada State Legislature passed a joint resolution endorsing the work of the County commission and the Pine Forest Working Group.

Beyond the widespread state and local support, there is no question that the pristine natural lands and wildlife habitat in the Blue Lakes and Alder Creek WSA should receive the strongest level of protection we can provide for public lands. Rising from the confluence of the Great Basin and Owyhee deserts, the Pine Forest Range boasts high alpine lakes surrounded by granite spires that are home to a variety of large trout including our Lahontan Cutthroat trout that is native only to Nevada. The thick forests of aspen and pine that blanket these mountains provide a stronghold for mule deer, pronghorn, and bighorn sheep. The area is also well known by sportsmen across the west for its world class chukar hunting; a favorite fall pastime for many Nevadans.

Protecting these untouched natural lands in Nevada is important to me and to the people of Humboldt County. I want to thank each member of the Humboldt County Commission, Garley Amos, Mike Bell, Tom Fransway, Dan Cassinelli, and Jim French as well as Bill Deese for their work to bring this legislation to fruition. I would also like to express my gratitude to Jim Jeffress from Trout Unlimited, Shaaron Netherton from the Friends of Nevada Wilderness, and the other members of the Pine Forest Range working group for their tireless efforts that have been universally recognized as the gold standard for developing wilderness proposals.

I look forward to working with Chairman Bingaman, Ranking Member Murkowski and the other distinguished members of the Senate Energy Committee to move this legislation forward in the near future.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

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

(a) Short Title.--This Act may be cited as the ``Pine Forest Range Recreation Enhancement Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Addition to national wilderness preservation system. Sec. 5. Administration. Sec. 6. Adjacent management. Sec. 7. Military overflights. Sec. 8. Native American cultural and religious uses. Sec. 9. Release of wilderness study areas. Sec. 10. Wildlife management. Sec. 11. Wildfire, insect, and disease management. Sec. 12. Climatological data collection. Sec. 13. Land exchanges.

Congress finds that-- (1) public land in the Pine Forest Range contains unique and spectacular natural resources, including-- (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; (2) continued preservation of the public land would benefit the County and the United States by-- (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality; and (3) designation of the Pine Forest Range as a wilderness area is supported by the State, units of local governments, and the surrounding communities.

In this Act: (1) County.--The term ``County'' means Humboldt County, Nevada. (2) Map.--The term ``Map'' means the map entitled ``Proposed Pine Forest Wilderness Area'' and dated May 4,

(a) Designation.--Certain Federal land managed by the Bureau of Land Management, comprising approximately 26,000 acres, as generally depicted on the Map is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Pine Forest Range Wilderness''. (b) Boundary.-- (1) Road access.--The boundary of any portion of the wilderness area designated by subsection (a) that is bordered by a road shall be at least 100 feet away from the edge of the road to allow public access. (2) Road adjustments.--The Secretary shall-- (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat Meadow to the east to remove the road from the riparian area; and (C) close, except for administrative use, the road along Lower Alder Creek south of Bureau of Land Management road

(a) Management.--Subject to valid existing rights, the land designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock.--Within the wilderness area designated by this Act, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue-- (1) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (2) consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in Appendix A of House Report 101-405. (c) Incorporation of Acquired Land and Interests.--Any land or interest in land within the boundaries of the area designated as wilderness by this Act that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area. (d) Water Rights.-- (1) Findings.--Congress finds that-- (A) the land designated as wilderness by this Act is located-- (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any-- (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the land designated as wilderness by this Act is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the land designated as wilderness by this Act, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose.--The purpose of this section is to protect the wilderness values of the land designated as wilderness by this Act by means other than a federally reserved water right. (3) Statutory construction.--Nothing in this Act-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to a wilderness designated by this Act; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law.--The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness area designated by this Act. (5) New projects.-- (A) Definition of water resource facility.-- (i) In general.--In this paragraph, the term ``water resource facility'' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion.--In this paragraph, the term ``water resource facility'' does not include wildlife guzzlers. (B) Restriction on new water resource facilities.--Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, any portion of which is located in the County.

(a) In General.--Congress does not intend for the designation of land as wilderness by this Act to create a protective perimeter or buffer zone around the wilderness area. (b) Nonwilderness Activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by this Act shall not preclude the conduct of the activities or uses outside the boundary of the wilderness area.

Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the area designated as wilderness by this Act, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness area.

Nothing in this Act diminishes-- (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.

(a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in any portion of the Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 4(a) has been adequately studied for wilderness designation. (b) Release.--Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); (2) shall be managed in accordance with-- (A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and (B) cooperative conservation agreements in existence on the date of enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(a) In General.--In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness area designated by this Act. (b) Management Activities.--In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support the populations may be carried out within the wilderness area designated by this Act, if the activities are carried out-- (1) consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of House Report 101-405, including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing Activities.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101-405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations. (d) Wildlife Water Development Projects.--Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by section 4(a) if-- (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, Fishing, and Trapping.-- (1) In general.--The Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas designated by section 4(a). (2) Consultation.--Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1). (f) Cooperative Agreement.-- (1) In general.--The State, including a designee of the State, may conduct wildlife management activities in the wilderness area designated by this Act-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled ``Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9'' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) References; clark county.--For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Pine Forest Range Wilderness.

(a) In General.--Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the wilderness designated by this Act as may be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (b) Effect.--Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment).

If the Secretary determines that hydrologic, meteorologic, or climatological collection devices are appropriate to further the scientific, educational, and conservation purposes of the wilderness area designated by this Act, nothing in this Act precludes the installation and maintenance of the collection devices within the wilderness area.

(a) Definitions.--In this section: (1) Federal land.--The term ``Federal land'' means Federal land in the County that-- (A) is not segregated or withdrawn on or after the date of enactment of this Act; (B) is identified for disposal by the Bureau of Land Management through the Winnemucca Resource Management Plan; and (C) is determined by the Bureau of Land Management to be appropriate for exchange consistent with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. Brown of Massachusetts):

S. 1789. A bill to improve, sustain, and transform the United States Postal Service; to the Committee on Homeland Security and Governmental Affairs.

Sen. Joseph I. Lieberman

legislator photo

Mr. President, today Senators Collins, Carper, Scott Brown of Massachusetts, and I are introducing bipartisan, compromise legislation to rescue the United States Postal Service, USPS, from financial ruin and secure its commercial health into the future.

Five years ago, Senators Collins and Carper led Congress in the adoption of postal reform legislation. The speed of the migration to internet communications, combined with the recent economic downturn, means we need to revisit the Postal Service's financial viability again. This year, Senator Brown and I joined Senators Collins and Carper in proposing the 21st Century Postal Service Act.

The Postal Service needs a fundamental restructuring of the way it meets its obligations to the public, to its customers--including individual and business mailers--and to its employees. If our reform legislation is adopted, we are confident this time USPS, which was founded in the 18th century, will survive and flourish into the 21st.

Too many people still rely on the Postal Service for us to sit back and allow its demise. Despite a 22 percent drop in mail volume in four years, the Postal Service will deliver 167 billion pieces this year. It is the second largest private sector employer in our country after Wal- Mart and has 557,000 career employees. It has 32 thousand post offices, which represents more domestic retail outlets than Wal-Mart, Starbucks and McDonalds combined.

The financial health of the USPS has been deteriorating for years. But the rapid changeover to electronic communications and the recent economic downturn have swept it up into a financial death spiral. In this fiscal year, 2011, the Postal Service first projected a total loss of $8 billion. That was in July. By September, it revised its estimate and now says it will lose $10 billion. Unless major reform is adopted, the Postal Service will run out of money to deliver the mail sometime next summer.

That is why we are introducing this comprehensive legislation to put a number of cost saving measures in place. Let me summarize just a few of the most important provisions.

Of great interest to the American public will be our provision related to 5-day delivery. As you all know, the Postal Service has been pushing to reduce the number of days it delivers mail each week from six to five. USPS believes this will achieve $3 billion in savings.

Communities across the country, however, are deeply concerned about what this would mean for people who rely on Saturday delivery for critical medications or newspapers.

We are mindful of these concerns, so our legislation would bar the Postal Service from moving to 5-day delivery until two years after enactment of our bill and, in the meantime, reduce costs in other ways. The Government Accountability Office would have to verify that sufficient savings cannot be achieved without going to 5-day delivery. USPS also would have to identify customers and communities that might be disproportionately affected by 5-day delivery and develop remedies to address their concerns.

Our bill also recognizes that the Postal Service must continue to decrease the number of its employees. Thus, we authorize USPS to offer buyouts to help it transition to a smaller workforce. To ensure the Postal Service can pay for these buyouts, we direct the Office of Personnel Management to refund to the Postal Service what everyone agrees has been an overpayment by USPS into the Federal Employees Retirement System. Using this money to support buyouts, the Postmaster General believes he may be able to reduce the Postal Service workforce by as many as 100,000 employees over the next three years and save $8 billion a year.

To achieve healthcare savings, we would allow the Postal Service to work with its employee unions and the Office of Personnel Management to try to develop and agree on a new health plan for postal employees. The Postmaster General is confident that he and the postal unions can agree on an approach that could cut healthcare costs significantly, while retaining adequate benefits.

Finally, our bill would help USPS get out from under the onerous weight of its current pre-funding requirements for its retiree health benefits by recalibrating the payments and amortizing them over time. This, too, will provide significant financial relief to the Postal Service.

We know many of our proposals will be controversial. But without taking controversial steps, the Postal Service will not make it. We are pursuing broad changes rather than working around the edges to put the Postal Service back on the road to recovery. The Postmaster General has told us he needs to cut $20 billion from the USPS' annual budget, and we are giving him and his employees the tools to make that happen. The bottom line is we must act quickly to prevent a Postal Service collapse and we must act boldly to secure its future.

The U.S. Postal Service is not an 18th Century relic. It is a great 21st Century national asset. But times are changing rapidly and so too must the Postal Service, if it is to survive.

Mr. President, I ask unanimous consent that the text of the bill be printed In the Record.

There being no objection, the text of the bill was ordered to be printed in the Record, as follows:

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

This Act may be cited as the ``21st Century Postal Service Act of 2011''.

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions.

In this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Postal Regulatory Commission. (2) Postal service.--The term ``Postal Service'' means the United States Postal Service.

Section 8423(b) of title 5, United States Code, is amended-- (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: ``(5)(A) In this paragraph, the term `surplus postal contributions' means the amount by which the amount computed under paragraph (1)(B) is less than zero. ``(B) For each fiscal year in which the amount computed under paragraph (1)(B) is less than zero, upon request of the Postmaster General, the Director shall transfer to the United States Postal Service from the Fund an amount equal to the surplus postal contributions for that fiscal year for use in accordance with this paragraph. ``(C) For each of fiscal years 2012, 2013, and 2014, if the amount computed under paragraph (1)(B) is less than zero, a portion of the surplus postal contributions for the fiscal year shall be used by the United States Postal Service for the cost of providing to employees of the United States Postal Service who voluntarily separate from service before October 1, 2014-- ``(i) voluntary separation incentive payments (including payments to employees who retire under section 8336(d)(2) or 8414(b)(1)(B) before October 1, 2014) that may not exceed the maximum amount provided under section 3523(b)(3)(B) for any employee; and ``(ii) retirement service credits, as authorized under section 8332(p) or 8411(m). ``(D) Any surplus postal contributions for a fiscal year not expended under subparagraph (C) may be used by the United States Postal Service for the purposes of-- ``(i) repaying any obligation issued under section 2005 of title 39; or ``(ii) making required payments to-- ``(I) the Employees' Compensation Fund established under section 8147; ``(II) the Postal Service Retiree Health Benefits Fund established under section 8909a; ``(III) the Employees Health Benefits Fund established under section 8909; or ``(IV) the Civil Service Retirement and Disability Fund.''.

(a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1)(A) For an employee of the United States Postal Service who is covered under this subchapter and voluntarily separates from service before October 1, 2014, at the direction of the United States Postal Service, the Office shall add not more than 1 year (as specified by the United States Postal Service) to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this subchapter (except for a disability annuity under section 8337). ``(B) An employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the United States Postal Service. ``(2)(A) Subject to subparagraph (B), and notwithstanding any other provision of law, no deduction, deposit, or contribution shall be required for service credited under this subsection. ``(B) The actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from this subsection shall be included in the amount calculated under section 8348(h)(1)(A).''. (b) Federal Employees Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(m)(1)(A) For an employee of the United States Postal Service who is covered under this chapter and voluntarily separates from service before October 1, 2014, at the direction of the United States Postal Service, the Office shall add not more than 2 years (as specified by the United States Postal Service) to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this chapter (except for a disability annuity under subchapter V of that chapter). ``(B) An employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the United States Postal Service. ``(2)(A) Subject to subparagraph (B), and notwithstanding any other provision of law, no deduction, deposit, or contribution shall be required for service credited under this subsection. ``(B) The actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from this subsection shall be included in the amount calculated under section 8423(b)(1)(B).''.

(a) Federal Employees Health Benefits Plans.-- (1) In general.--Chapter 89 of title 5, United States Code,

(a) Contributions.--Section 8906(g)(2)(A) of title 5, United States Code, is amended by striking ``through September 30, 2016, be paid by the United States Postal Service, and thereafter shall'' and inserting ``after the date of enactment of the 21st Century Postal Service Act of

(a) Definitions.--In this section-- (1) the term ``covered employee'' means an employee of the Postal Service who is represented by a bargaining representative recognized under section 1203 of title 39, United States Code; (2) the term ``Federal Employee Health Benefits Program'' means the health benefits program under chapter 89 of title 5, United States Code; and (3) the term ``Postal Service Health Benefits Program'' means the health benefits program that may be agreed to under subsection (b)(1). (b) Collective Bargaining.-- (1) In general.--Consistent with section 1005(f) of title 39, United States Code, the Postal Service may negotiate jointly with all bargaining representatives recognized under section 1203 of title 39, United States Code, and enter into a joint collective bargaining agreement with those bargaining representatives to establish the Postal Service Health Benefits Program that satisfies the conditions under subsection (c). The Postal Service and the bargaining representatives shall negotiate in consultation with the Director of the Office of Personnel Management. (2) Arbitration limitation.--Notwithstanding chapter 12 of title 39, United States Code, there shall not be arbitration of any dispute in the negotiations under this subsection. (3) Time limitation.--The authority under this subsection shall extend until September 30, 2012. (c) Postal Service Health Benefits Program.--The Postal Service Health Benefits Program-- (1) shall-- (A) be available for participation by all covered employees; (B) provide adequate and appropriate health benefits; (C) be administered by the Postmaster General; and (D) provide for transition of coverage under the Federal Employee Health Benefits Program of covered employees to coverage under the Postal Service Health Benefits Program on January 1, 2013; (2) may provide dental benefits; and (3) may provide vision benefits. (d) Agreement and Implementation.--If a joint agreement is reached under subsection (b)-- (1) the Postal Service shall implement the Postal Service Health Benefits Program; (2) the Postal Service Health Benefits Program shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes of section 1005(f) of title 39, United States Code; and (3) covered employees may not participate as employees in the Federal Employees Health Benefits Program. (e) Government Plan.--The Postal Service Health Benefits Program shall be a government plan as that term is defined under section 3(32) of Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)). (f) Report.--Not later than June 30, 2013, the Postal Service shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that-- (1) reports on the implementation of this section; and (2) requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section.

Section 1207(c)(2) of title 39, United States Code, is amended-- (1) by inserting ``(A)'' after ``(2)''; (2) by striking the last sentence and inserting ``The arbitration board shall render a decision not later than 45 days after the date of its appointment.''; and (3) by adding at the end the following: ``(B) In rendering a decision under this paragraph, the arbitration board shall consider such relevant factors as-- ``(i) the financial condition of the Postal Service; ``(ii) the requirements relating to pay and compensation comparability under section 1003(a); and ``(iii) the policies of this title.''.

Section 404 of title 39, United States Code, is amended by adding after subsection (e) the following: ``(f) Closing or Consolidation of Certain Postal Facilities.-- ``(1) Postal facility.--In this subsection, the term `postal facility' does not include-- ``(A) any post office, station, or branch; or ``(B) any facility used only for administrative functions. ``(2) Area mail processing study.-- ``(A) New area mail processing studies.--After the date of enactment of this subsection, before making a determination under subsection (a)(3) as to the necessity for the closing or consolidation of any postal facility, the Postal Service shall-- ``(i) conduct an area mail processing study relating to that postal facility that includes a plan to reduce the capacity of the postal facility, but not close the postal facility; ``(ii) publish the study on the Postal Service website; and ``(iii) publish a notice that the study is complete and available to the public, including on the Postal Service website. ``(B) Completed or ongoing area mail processing studies.-- ``(i) In general.--In the case of a postal facility described in clause (ii), the Postal Service shall-- ``(I) consider a plan to reduce the capacity of the postal facility, but not close the post facility; and ``(II) publish the results of the consideration under subclause (I) with or as an amendment to the area mail processing study relating to the postal facility. ``(ii) Postal facilities.--A postal facility described in this clause is a postal facility for which, on or before the date of enactment of this subsection-- ``(I) an area mail processing study that does not include a plan to reduce the capacity of the postal facility, but not close the facility, has been completed or is in progress; and ``(II) a determination as to the necessity for the closing

Section 302(d) of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 note) is amended-- (1) in paragraph (8), by striking the period at the end and inserting ``; and''; (2) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and adjusting the margins accordingly; (3) in the matter preceding subparagraph (A), as so redesignated, by striking ``shall include'' and inserting the following: ``shall-- ``(1) include''; and (4) by adding at the end the following: ``(2) where possible, provide for an improvement in customer access to postal services; ``(3) consider the impact of any decisions by the Postal Service relating to the implementation of the plan on small communities and rural areas; and ``(4) ensure that-- ``(A) small communities and rural areas continue to receive regular and effective access to retail postal services after implementation of the plan; and ``(B) the Postal Service solicits community input in accordance with applicable provisions of Federal law.''.

(a) Plan Required.--Not later than 1 year after the date of enactment of this Act, the Postal Service shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Governmental Reform of the House of Representatives-- (1) a comprehensive strategic plan to govern decisions relating to area and district office structure that considers efficiency, costs, redundancies, mail volume, technological advancements, operational considerations, and other issues that may be relevant to establishing an effective area and district office structure; and (2) a 10-year plan, including a timetable, that provides for consolidation of area and district offices wherever the Postal Service determines a consolidation would-- (A) be cost-effective; and (B) not substantially and adversely affect the operations of the Postal Service. (b) Consolidation.--Beginning not later than 1 year after the date of enactment of this Act, the Postal Service shall, consistent with the plans required under subsection (a)-- (1) consolidate district offices that are located within 50 miles of each other; (2) consolidate area and district offices that have less than the mean mail volume and number of work hours for all area and district offices; and (3) relocate area offices to headquarters. (c) Updates.--The Postal Service shall update the plans required under subsection (a) not less frequently than once every 5 years.

(a) Establishment of Service Standards.--Not later than 1 year after the date of enactment of this Act, the Postal Service shall exercise its authority under section 3691 of title 39, United States Code, to establish service standards for market-dominant products in order to guarantee customers of the Postal Service regular and effective access to retail postal services nationwide (including in territories and possessions of the United States) on a reasonable basis. (b) Contents.--The service standards established under subsection (a) shall-- (1) be consistent with-- (A) the obligations of the Postal Service under section 101(b) of title 39, United States Code; and (B) the contents of the plan developed under section 302 of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 note), as amended by section 202 of this Act; and (2) take into account factors including-- (A) geography, including the establishment of standards for the proximity of retail postal services to postal customers, including a consideration of the reasonable maximum time a postal customer should expect to travel to access a postal retail location; (B) population, including population density, demographic factors such as the age and disability status of individuals in the area to be served by a location providing postal retail services, and other factors that may impact the ability of postal customers, including businesses, to travel to a postal retail location; (C) the feasibility of offering retail access to postal services in addition to post offices, as described in section 302(d) of the Postal Accountability and Enhancement Act of 2006 (39 U.S.C. 3691 note); and (D) the requirement that the Postal Service serve remote areas and communities with transportation challenges, including communities in which the effects of inclement weather or other natural conditions might obstruct or otherwise impede access to retail postal services.

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

(a) Limitation on Change in Schedule.--Notwithstanding any other provision of law-- (1) the Postal Service may not establish a general, nationwide 5-day-per-week delivery schedule to street addresses under the authority of the Postal Service under section 3691 of title 39, United States Code, earlier than the date that is 24 months after the date of enactment of this Act; and (2) on or after the date that is 24 months after the date of enactment of this Act, the Postal Service may establish a general, nationwide 5-day-per-week delivery schedule to street addresses under the authority of the Postal Service under section 3691 of title 39, United States Code, only in accordance with the requirements and limitations under this section. (b) Preconditions.--If the Postal Service intends to establish a change in delivery schedule under subsection (a)(2), the Postal Service shall-- (1) identify customers and communities for whom the change may have a disproportionate, negative impact, including the customers identified as ``particularly affected'' in the Advisory Opinion on Elimination of Saturday Delivery issued by the Commission on March 24, 2011; (2) develop, to the maximum extent possible, measures to ameliorate any disproportionate, negative impact the change would have on customers and communities identified under paragraph (1), including, where appropriate, providing or expanding access to mailboxes for periodical mailers on days on which the Postal Service does not provide delivery; (3) implement measures to increase revenue and reduce costs, including the measures authorized under the amendments made by sections 101, 102, 103, 104, 204, and 208 of this Act; (4) evaluate whether any increase in revenue or reduction in costs resulting from the measures implemented under paragraph (3) are sufficient to allow the Postal Service, without implementing a change in delivery schedule under subsection (a), to-- (A) become profitable by fiscal year 2015; and (B) achieve long-term financial solvency; and (5) not earlier than 15 months after the date of enactment of this Act and not later than 9 months before the effective date proposed by the Postal Service for the change, submit a report on the steps the Postal Service has taken to carry out this subsection to-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives; (B) the Comptroller General of the United States; and (C) the Commission. (c) Review.-- (1) Government accountability office.--Not later than 3 months after the date on which the Postal Service submits a report under subsection (b)(5), the Comptroller General shall submit to the Commission and to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report that contains findings relating to each of the following: (A) Whether the Postal Service has adequately complied with subsection (b)(3), taking into consideration the statutory authority of and limitations on the Postal Service. (B) The accuracy of any statement by the Postal Service that the measures implemented under subsection (b)(3) have increased revenues or reduced costs, and the accuracy of any projection by the Postal Service relating to increased revenue or reduced costs resulting from the measures implemented under subsection (b)(3). (C) The adequacy and methodological soundness of any evaluation conducted by the Postal Service under subsection (b)(4) that led the Postal Service to assert the necessity of a change in delivery schedule under subsection (a)(2). (D) Whether, based on an analysis of the measures implemented by the Postal Service to increase revenues and reduce costs, projections of increased revenue and cost savings, and the details of the profitability plan required under section 401, a change in delivery schedule is necessary to allow the Postal Service to-- (i) become profitable by fiscal year 2015; and (ii) achieve long-term financial solvency. (2) Postal regulatory commission.-- (A) Request.--Not later than 6 months before the proposed effective date of a change in delivery schedule under subsection (a), the Postal Service shall submit to the Commission a request for an advisory opinion relating to the change. (B) Advisory opinion.-- (i) In general.--The Commission shall-- (I) issue an advisory opinion with respect to a request under subparagraph (A), in accordance with the time limits for the issuance of advisory opinions under section 3661(b)(2) of title 39, United States Code, as amended by this Act; and (II) submit the advisory opinion to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (ii) Required determinations.--An advisory opinion under clause (i) shall determine-- (I) whether the measures developed under subsection (b)(2) ameliorate any disproportionate, negative impact that a change in schedule may have on customers and communities identified under subsection (b)(1); and (II) based on the report submitted by the Comptroller General under paragraph (1)-- (aa) whether the Postal Service has implemented measures to reduce operating losses as required under subsection (b)(3); (bb) whether the implementation of the measures described in item (aa) has increased revenues or reduced costs, or is projected to further increase revenues or reduce costs in the future; and (cc) whether a change in schedule under subsection (a)(2) is necessary to allow the Postal Service to-- (AA) become profitable by fiscal year 2015; and (BB) achieve long-term financial solvency. (3) Prohibition on implementation of change in schedule.-- The Postal Service may not implement a change in delivery schedule under subsection (a)(2)-- (A) before the date on which the Comptroller General submits the report required under paragraph (1); and (B) unless the Commission determines under paragraph (2)(B)(ii)(II)(cc) that the Comptroller General has concluded that the change is necessary to allow the Postal Service to become profitable by fiscal year 2015 and to achieve long- term financial solvency, without regard to whether the Commission determines that the change is advisable. (d) Additional Limitations.-- (1) Rules of construction.--Nothing in this subsection shall be construed to-- (A) authorize the reduction, or require an increase, in delivery frequency for any route for which the Postal Service provided delivery on fewer than 6 days per week on the date of enactment of this Act; (B) authorize any change in-- (i) the days and times that postal retail service or any mail acceptance is available; or (ii) the locations at which postal retail service or mail acceptance occurs; (C) authorize any change in the frequency of delivery to a post office box; (D) prohibit the collection or delivery of a competitive mail product on a weekend or a recognized Federal holiday; or (E) prohibit the Postal Service from exercising its authority to make changes to processing or retail networks. (2) Prohibition on consecutive days without mail delivery.--The Postal Service shall ensure that, under any change in schedule under subsection (a)(2), at no time shall there be more than 2 consecutive days without mail delivery

Section 3661 of title 39, United States Code, is amended by striking subsections (b) and (c) and inserting the following: ``(b) Proposed Changes for Market-dominant Products.-- ``(1) Submission of proposal.--If the Postal Service determines that there should be a change in the nature of postal services relating to market-dominant products that will generally affect service on a nationwide or substantially nationwide basis, the Postal Service shall submit a proposal to the Postal Regulatory Commission requesting an advisory opinion on the change. ``(2) Advisory opinion.--Upon receipt of a proposal under paragraph (1), the Postal Regulatory Commission shall-- ``(A) provide an opportunity for public comment on the proposal; and ``(B) issue an advisory opinion not later than-- ``(i) 90 days after the date on which the Postal Regulatory Commission receives the proposal; or ``(ii) a date that the Postal Regulatory Commission and the Postal Service may, not later than 1 week after the date on which the Postal Regulatory Commission receives the proposal, determine jointly. ``(3) Response to opinion.--The Postal Service shall submit to the President and to Congress a response to the advisory opinion issued under paragraph (2), including any recommendations contained therein. ``(4) Action on proposal.--The Postal Service may take action regarding a proposal submitted under paragraph (1)-- ``(A) on or after the date that is 30 days after the date on which the Postal Service submits the response required under paragraph (3); ``(B) on or after a date that the Postal Regulatory Commission and the Postal Service may, not later than 1 week after the date on which the Postal Regulatory Commission receives a proposal under paragraph (2), determine jointly; or ``(C) after the date described in paragraph (2)(B), if-- ``(i) the Postal Regulatory Commission fails to issue an advisory opinion on or before the date described in paragraph (2)(B); and ``(ii) the action is not otherwise prohibited under Federal law. ``(5) Modification of timeline.--At any time, the Postal Service and the Postal Regulatory Commission may jointly redetermine a date determined under paragraph (2)(B)(ii) or

(a) Notice and Opportunity for Comment Required.--Effective on the date on which the Postal Service issues a final rule under subsection (c), before making a change to mailing specifications that could pose a significant burden to the customers of the Postal Service and that is not reviewed by the Commission, the Postal Service shall-- (1) publish a notice of the proposed change to the specification in the Federal Register; (2) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; (3) after considering any comments submitted under paragraph (2) and making any modifications to the proposed change that the Postal Service determines are necessary, publish-- (A) the final change to the specification in the Federal Register; (B) responses to any comments submitted under paragraph (2); and (C) an analysis of the financial impact that the proposed change would have on-- (i) the Postal Service; and (ii) the customers of the Postal Service that would be affected by the proposed change; and (4) establish an effective date for the change to mailing specifications that is not earlier than 30 days after the date on which the Postal Service publishes the final change under paragraph (3). (b) Exception for Good Cause.--If the Postal Service determines that there is an urgent and compelling need for a change to a mailing specification described in subsection (a) in order to avoid demonstrable harm to the operations of the Postal Service or to the public interest, the Postal Service may-- (1) change the mailing specifications by-- (A) issuing an interim final rule that-- (i) includes a finding by the Postal Service that there is good cause for the interim final rule; (ii) provides an opportunity for the submission of written comments on the interim final rule for a period of not less than 30 days; and (iii) establishes an effective date for the interim final rule that is not earlier than 30 days after the date on which the interim final rule is issued; and (B) publishing in the Federal Register a response to any comments submitted under subparagraph (A)(ii); and (2) waive the requirement under paragraph (1)(A)(iii) or subsection (a)(4). (c) Rules Relating to Notice and Comment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Postal Service shall issue rules governing the provision of notice and opportunity for comment for changes in mailing specifications under subsection (a). (2) Rules.--In issuing the rules required under paragraph (1), the Postal Service shall-- (A) publish a notice of proposed rulemaking in the Federal Register that includes proposed definitions of the terms ``mailing specifications'' and ``significant burden''; (B) provide an opportunity for the submission of written comments concerning the proposed change for a period of not less than 30 days; and (C) publish-- (i) the rule in final form in the Federal Register; and (ii) responses to the comments submitted under subparagraph

(a) In General.--Section 404 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (B) by inserting after paragraph (5) the following: ``(6) after the date of enactment of the 21st Century Postal Service Act of 2011, and except as provided in subsection (e), to provide other services that are not postal services, after the Postal Regulatory Commission-- ``(A) makes a determination that the provision of such services-- ``(i) uses the processing, transportation, delivery, retail network, or technology of the Postal Service; ``(ii) is consistent with the public interest and a demonstrated or potential public demand for-- ``(I) the Postal Service to provide the services instead of another entity providing the services; or ``(II) the Postal Service to provide the services in addition to another entity providing the services; ``(iii) would not create unfair competition with the private sector; and ``(iv) has the potential to improve the net financial position of the Postal Service, based on a market analysis provided to the Postal Regulatory Commission by the Postal Service; and ``(B) for services that the Postal Regulatory Commission determines meet the criteria under subparagraph (A), classifies each such service as a market-dominant product, competitive product, experimental product, or new product, as required under chapter 36 of title 39, United States Code;''; and (2) in subsection (e)(2), by striking ``Nothing'' and all that follows through ``except that the'' and inserting ``The''. (b) Market Analysis.--During the 5-year period beginning on the date of enactment of this Act, the Postal Service shall submit a copy of any market analysis provided to the Commission under section 404(a)(6)(A)(iv) of title 39, United States Code, as amended by this section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.

(a) Short Title.--This title may be cited as the ``Workers' Compensation Reform Act of 2011''. (b) References.--Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code.

(a) Conversion of Entitlement at Retirement Age.-- (1) Definitions.--Section 8101 is amended (A) in paragraph (18), by striking ``and'' at the end; (B) in paragraph (19), by striking ``and'' at the end; (C) in paragraph (20), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(21) `retirement age' has the meaning given that term under section 216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1)); ``(22) `covered claim for total disability' means a claim for a period of total disability that commenced before the date of enactment of the Workers' Compensation Reform Act of

(a) In General.--Section 8110 is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Termination of Augmented Compensation.-- ``(1) In general.--Subject to paragraph (2), augmented compensation for dependants under subsection (c) shall not be provided. ``(2) Exceptions.-- ``(A) Total disability.--For a covered claim for total disability by an employee-- ``(i) the employee shall receive augmented compensation under subsection (c) if the employee is an individual who has an exempt disability condition; and ``(ii) the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2011 if the employee is not an employee described in clause (i). ``(B) Partial disability.--For a covered claim for partial disability by an employee, the employee shall receive augmented compensation under subsection (c) until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2011. ``(C) Permanent disability compensated by a schedule.--For a claim for a permanent disability described in section 8107(a) by an employee that commenced before the date of enactment of the Workers' Compensation Reform Act of 2011, the employee shall receive augmented compensation under subsection (c).''. (b) Maximum and Minimum Monthly Payments.--Section 8112 is amended-- (1) in subsection (a)-- (A) by inserting ``subsections (b) and (c) and'' before ``section 8138''; (B) by striking ``including augmented compensation under section 8110 of this title but''; and (C) by striking ``75 percent'' each place it appears and inserting ``66 \2/3\ percent''; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: ``(b) Exceptions.-- ``(1) Covered disability condition.--For a covered claim for total disability by an employee, if the employee is an individual who has an exempt disability condition-- ``(A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and ``(B) subsection (a) shall be applied by substituting `75 percent' for `66 \2/3\ percent' each place it appears. ``(2) Partial disability.--For a covered claim for partial disability by an employee, until the date that is 3 years after the date of enactment of the Workers' Compensation Reform Act of 2011-- ``(A) the monthly rate of compensation for disability that is subject to the maximum and minimum monthly amounts under subsection (a) shall include any augmented compensation under section 8110; and ``(B) subsection (a) shall be applied by substituting `75 percent' for `66 \2/3\ percent' each place it appears.''; and (4) in subsection (c), as redesignated by paragraph (2), by striking ``subsection (a)'' and inserting ``subsections (a) and (b)''. (c) Death Benefits Generally.--Section 8133 is amended-- (1) in subsections (a) and (e), by striking ``75 percent'' each place it appears and inserting ``66 \2/3\ percent (except as provided in subsection (g))''; and (2) by adding at the end the following: ``(g) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2011, subsections (a) and (e) shall be applied by substituting `75 percent' for `66 \2/3\ percent' each place it appears.''. (d) Death Benefits for Civil Air Patrol Volunteers.-- Section 8141 is amended-- (1) in subsection (b)(2)(B) by striking ``75 percent'' and inserting ``66 \2/3\ percent (except as provided in subsection (c))''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2011, subsection (b)(2)(B) shall be applied by substituting `75 percent' for `66 \2/3\ percent'.''.

Section 8107 is amended-- (1) in subsection (a), by striking ``at the rate of 66 2/3 percent of his monthly pay'' and inserting ``at the rate specified under subsection (d)''; and (2) by adding at the end the following: ``(d) Rate for Compensation.-- ``(1) Annual salary.-- ``(A) In general.--Except as provided in paragraph (2), the rate under subsection (a) shall be the rate of 66 \2/3\ percent of the annual salary level established under subparagraph (B), in a lump sum equal to the present value (as calculated under subparagraph (C)) of the amount of compensation payable under the schedule. ``(B) Establishment.-- ``(i) In general.--The Secretary of Labor shall establish an annual salary for purposes of subparagraph (A) in the amount the Secretary determines will result in the aggregate cost of payments made under this section being equal to what would have been the aggregate cost of payments under this section if the amendments made by section 304(a) of the Workers' Compensation Reform Act of 2011 had not been enacted. ``(ii) Cost of living adjustment.--The annual salary established under clause (i) shall be increased on March 1 of each year by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent. ``(C) Present value.--The Secretary of Labor shall calculate the present value for purposes of subparagraph (A) using a rate of interest equal to the average market yield for outstanding marketable obligations of the United States with a maturity of 2 years on the first business day of the month in which the compensation is paid or, in the event that such marketable obligations are not being issued on such date, at an equivalent rate selected by the Secretary of Labor, true discount compounded annually. ``(2) Certain injuries.--For an injury that occurred before the date of enactment of the Workers' Compensation Reform Act of 2011, the rate under subsection (a) shall be 66 \2/3\ percent of the employee's monthly pay. ``(e) Simultaneous Receipt.-- ``(1) Total disability.--An employee who receives compensation for total disability under section 8105 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for total disability after the later of-- ``(A) the date on which the basic compensation for total disability of the employee becomes 50 percent of the monthly pay of the employee under section 8105(b); or ``(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(A)(ii), if the employee receives such compensation. ``(2) Partial disability.--An employee who receives benefits for partial disability under section 8106 may only receive the lump sum of schedule compensation under this section in addition to and simultaneously with the benefits for partial disability after the later of-- ``(A) the date on which the basic compensation for partial disability of the employee becomes 50 percent of the difference between the monthly pay of the employee and the monthly wage-earning capacity of the employee after the beginning of the partial disability under section 8106(b); or ``(B) the date on which augmented compensation of the employee terminates under section 8110(b)(2)(B), if the employee receives such compensation.''.

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

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

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

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

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

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

(a) In General.--Section 8131 is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``continuation of pay or'' before ``compensation''; and (2) in subsection (b), by inserting ``continuation of pay'' before compensation; and (3) in subsection (c)-- (A) by inserting ``continuation of pay or'' before ``compensation already paid''; and (B) by inserting ``continuation of pay or'' before ``compensation payable''. (b) Adjustment After Recovery From a Third Person.--Section 8132 is amended-- (1) in the first sentence-- (A) by inserting ``continuation of pay or'' before ``compensation is payable''; (B) by inserting ``continuation of pay or'' before ``compensation from the United States''; (C) by striking ``by him or in his behalf'' and inserting ``by the beneficiary or on behalf of the beneficiary''; (D) by inserting ``continuation of pay and'' before ``compensation paid by the United States''; and (E) by striking ``compensation payable to him'' and inserting ``continuation of pay or compensation payable to the beneficiary''; (2) in the second sentence, by striking ``his designee'' and inserting ``the designee of the beneficiary''; and (3) in the fourth sentence, by striking ``If compensation'' and all that follows through ``payable to him by the United States'' and inserting ``If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to the beneficiary by the United States''.

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

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

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

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

(a) Plan Required.--Not later than 90 days after the date of enactment of this Act, the Postal Service shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Comptroller General of the United States, and the Commission a plan describing, in detail, the actions the Postal Service will take to-- (1) become profitable by fiscal year 2015; and (2) achieve long-term financial solvency. (b) Considerations.--The plan required under subsection (a) shall take into consideration-- (1) the legal authority of the Postal Service; (2) the changes in the legal authority and responsibilities of the Postal Service under this Act; (3) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; and (4) projected changes in mail volume. (c) Updates.--The Postal Service shall update the plan required under subsection (a) not less frequently than quarterly, until the last quarter of fiscal year 2015.

(a) Commission Study.-- (1) In general.--Not earlier than 2 years after the date of enactment of this Act, the Commission shall commence a study to determine-- (A) whether and to what extent any market-dominant classes, products, or types of mail services do not bear the direct and indirect costs attributable to those classes, products, or types of mail service; and (B) the impact of any excess mail processing, transportation, or delivery capacity of the Postal Service on the direct and indirect costs attributable to any class that bears less than 100 percent of the costs attributable to the class, as determined under subparagraph (A). (2) Requirements.--The Commission shall conduct the study under paragraph (1) in a manner that protects confidential and proprietary business information. (3) Hearing.--Before completing the study under paragraph (1), the Commission shall hold a public hearing, on the record, in order to better inform the conclusions of the study. The Postal Service, postal customers, and other interested persons may participate in the hearing under this paragraph. (4) Completion.--Not later than 6 months after the date on which the Commission commences the study under subsection (a), the Commission shall complete the study. (b) Annual Updates Required.--Not later than 1 year after the date of completion of the study under subsection (a), and annually thereafter, the Commission shall-- (1) determine whether any class of mail bears less than 100 percent of the direct and indirect costs attributable to the class, product, or type of mail service, in the same manner as under subsection (a)(1)(A); (2) for any class of mail for which the Commission makes a determination under paragraph (1), update the study under subsection (a); and (3) include the study updated under paragraph (2) in the annual written determination of the Commission under section 3653 of title 39, United States Code. (c) Postal Rates.-- (1) Definition.--In this subsection, the term ``loss- making'', as used with respect to a class of mail, means a class of mail that bears less than 100 percent of the costs attributable to the class of mail, according to the most recent annual determination of the Commission under subsection (a)(1) or (b)(1), adjusted to account for the quantitative effect of excess mail processing, transportation, or delivery capacity of the Postal Service on the costs attributable to the class of mail. (2) In general.--Not later than 1 year after the date on which the study under subsection (a) is completed, and annually thereafter, the Postal Service shall establish postal rates for each loss-making class of mail. (3) Considerations.--The Postal Service may establish postal rates under paragraph (2) in a manner that ensures, to the extent practicable, that a class of mail described in paragraph (2) is not loss-making by-- (A) using the authority to increase rates under section 3622(d)(1)(A) of title 39, United States Code; (B) exhausting any unused rate adjustment authority, as defined in section 3622(d)(2)(C) of title 39, United States Code, subject to paragraph (4); and (C) maximizing incentives to reduce costs and increase efficiency with regard to the processing, transportation, and delivery of such mail by the Postal Service. (4) Unused rate adjustment authority.--Section 3622(d)(2)(C) of title 39, United States Code, shall be applied by annually increasing by 2 percentage points any unused rate adjustment authority for a class of mail that bears less than 90 percent of the costs attributable to the class of mail, according to the most recent annual determination of the Commission under subsection (a)(1) or (b)(1), adjusted to account for the quantitative effect of excess mail processing, transportation, or delivery capacity of the Postal Service on the costs attributable to the class of mail.

(a) Cooperation With State and Local Governments.--Section 411 of title 39, United States Code, is amended, in the first sentence by striking ``and the Government Printing Office'' inserting ``, the Government Printing Office, and agencies and other units of State and local governments''. (b) Intra-Service Agreements.--Section 411 of title 39, United States Code, as amended by subsection (a), is amended-- (1) in the section heading, by adding at the end the following: ``and within the Postal Service''; (2) in the second sentence, by striking ``section'' and inserting ``subsection''; (3) by striking ``Executive agencies'' and inserting the following: ``(a) Cooperation With State and Local Governments.-- Executive agencies''; and (4) by adding at the end the following: ``(b) Cooperation Within the Postal Service.--The Office of the Inspector General and other components of the Postal Service may enter into agreements to furnish to each other property, both real and personal, and personal and nonpersonal services. The furnishing of property and services under this subsection shall be under such terms and conditions, including reimbursability, as the Inspector General and the head of the component concerned shall deem appropriate.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 4 of title 39, United States Code, is amended by striking the item relating to section 411 and inserting the following: ``411. Cooperation with other Government agencies and within the Postal Service.''.

(a) Mailability.-- (1) Nonmailable articles.--Section 1716(f) of title 18, United States Code, is amended by striking ``mails'' and inserting ``mails, except to the extent that the mailing is allowable under section 3001(p) of title 39''. (2) Application of laws.--Section 1161 of title 18, United States Code, is amended, by inserting ``, and, with respect to the mailing of wine or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act (27 U.S.C. 211)), is in conformity with section 3001(p) of title 39'' after ``Register''. (b) Regulations.--Section 3001 of title 39, United States Code, is amended by adding at the end the following: ``(p)(1) In this subsection, the terms `wine' and `malt beverage' have the same meanings as in section 117 of the Federal Alcohol Administration Act (27 U.S.C. 211). ``(2) Wine or malt beverages shall be considered mailable if mailed-- ``(A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (3); and ``(B) in accordance with the law of the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery. ``(3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that-- ``(A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent; ``(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age; ``(C) the individual who takes delivery, whether the addressee or a duly authorized agent, shall present a valid, government-issued photo identification at the time of delivery; ``(D) the wine or malt beverages may not be for resale or other commercial purpose; and ``(E) the winery or brewery involved shall-- ``(i) certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and ``(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes. ``(4) For purposes of this subsection-- ``(A) a winery shall be considered to be licensed if it holds an appropriate basic permit issued-- ``(i) under the Federal Alcohol Administration Act; and ``(ii) under the law of the State in which the winery is located; and ``(B) a brewery shall be considered to be licensed if-- ``(i) it possesses a notice of registration and bond approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury; and ``(ii) it is licensed to manufacture and sell malt beverages in the State in which the brewery is located.''. (c) Effective Date.--The amendments made by this section shall take effect on the earlier of-- (1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; and (2) 120 days after the date of enactment of this Act.

(a) In General.--Chapter 24 of title 39, United States Code, is amended by adding at the end the following:

Section 3622 of title 39, United States Code, is amended-- (1) in subsection (c)(10)(A)-- (A) in the matter preceding clause (i), by striking ``either'' and inserting ``will''; (B) in clause (i), by striking ``or'' at the end; (C) in clause (ii), by striking ``and'' at the end and inserting ``or''; and (D) by adding at the end the following: ``(iii) preserve mail volume and revenue; and''; and (2) by adding at the end the following: ``(g) Coordination.--The Postal Service and the Postal Regulatory Commission shall coordinate actions to identify methods to increase the use of negotiated service agreements for market-dominant products by the Postal Service consistent with subsection (c)(10).''.

Section 7101(8) of title 41, United States Code, is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) the United States Postal Service and the Postal Regulatory Commission.''.

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