HR 3076 — Postal Service Reform Act of 2022

Requirements.>> Medicare Coordination.-- ``(1) In general.--The Office shall require each Program plan to provide benefits for covered Medicare individuals pursuant to a coordination of benefits method approved by the Office.

or ``(B) contracts<<NOTE: between such a Program plan and PDP sponsor, as defined in section 1860D-41(a)(13) of such Act, of such a prescription drug plan.

``(i)Contracts.>> Postalcontracts Servicebetween Contribution.--such ``(1)a InProgram general.--Subjectplan toand subsectionPDP (k),sponsor, foras purposesdefined ofin applying section 8906(b)1860D-41(a)(13) toof thesuch PostalAct, Service,of thesuch weighteda averageprescription shalldrug beplan. calculated in accordance with paragraphs (2) and (3).

``(2)``(i) WeightedPostal averageService calculation.--NotContribution.-- later``(1) than<<NOTE: October of each year (beginning with 2024), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to-- ``(A) enrollments for self only;

``(B)Applicability.>> enrollmentsIn general.--Subject to subsection (k), for selfpurposes plusof one;applying section 8906(b) to the Postal Service, the weighted average shall be calculated in accordance with paragraphs (2) and (3).

``(2) <<NOTE:

Deadline.

Effective date.

Determination.>> Weighted average calculation.--Not later than October 1 of each year (beginning with 2024), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to-- ``(A) enrollments for self only;

[[Page 136 STAT.

1133]] ``(B) enrollments for self plus one;

``(3) Weighting in computing rates for initial contract year.--Inyear.-- determining<<NOTE: such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2023.

Effective date.>> In determining such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2023.

``(2) Discontinuation<<NOTE: of program plan.--In applying section 8909(e) relating to a Program plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the Program plans continuing under this chapter.

Applicability.>> Discontinuation of program plan.--In applying section 8909(e) relating to a Program plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the Program plans continuing under this chapter.

``(2) Establishment.--Not<<NOTE: later than 18 months after the date of enactment of this section, the Postal Service shall establish a Health Benefits Education Program.

``(3)Deadline.>> Requirements.--InEstablishment.--Not carryinglater outthan the18 Healthmonths Benefitsafter Education Program established under paragraph (2), the Postaldate Serviceof shall--enactment ``(A)of notifythis Postalsection, Servicethe annuitants and Postal Service employeesshall aboutestablish thea Postal Service Health Benefits ProgramEducation establishedProgram. under subsection (c)(1);

[[Page 136 STAT.

1134]] ``(3) Requirements.--In carrying out the Health Benefits Education Program established under paragraph (2), the Postal Service shall-- ``(A) <<NOTE:

Notification.>> notify Postal Service annuitants and Postal Service employees about the Postal Service Health Benefits Program established under subsection (c)(1);

``(C) respond<<NOTE: and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program, in consultation with the Office as necessary;

``(D)Consultation.>> inrespond consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, provide informationanswers to individualsany aboutinquiry enrollmentfrom undersuch theemployees Medicare program under title XVIII of the Social Security Act, and referannuitants individualsabout to the CentersPostal forService MedicareHealth &Benefits MedicaidProgram, Servicesin andconsultation with the SocialOffice Security Administration as necessarynecessary; for additional enrollment information;

``(D) <<NOTE:

Consultation.>> in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, provide information to individuals about enrollment under the Medicare program under title XVIII of the Social Security Act, and refer individuals to the Centers for Medicare & Medicaid Services and the Social Security Administration as necessary for additional enrollment information;

``(B) Coordination<<NOTE: with opm.--The Postal Service shall coordinate with the Office, in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, to obtain and confirm the accuracy of information as the Postal Service determines to be necessary to conduct the Health Benefits Education Program.

Consultation.>> Coordination with opm.--The Postal Service shall coordinate with the Office, in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, to obtain and confirm the accuracy of information as the Postal Service determines to be necessary to conduct the Health Benefits Education Program.

``(B)[[Page Standards.--136 ``(i)STAT. In general.--The Postal Service shall establish standards for navigators carrying out the activities under this paragraph to-- ``(I) engage in the navigator activities described in subparagraph (A);

1135]] ``(B) Standards.-- ``(i) In general.--The Postal Service shall establish standards for navigators carrying out the activities under this paragraph to-- ``(I) engage in the navigator activities described in subparagraph (A);

``(C) Fair<<NOTE: and impartial information and services.--The Postal Service, in consultation as necessary with the Office and the Centers for Medicare & Medicaid Services, shall develop standards to ensure that information made available by navigators under this paragraph is fair, accurate, and impartial.

``(6)Consultation.>> Regulations.--Fair ``(A)and Inimpartial general.--Notinformation laterand thanservices.--The 18Postal monthsService, afterin theconsultation dateas ofnecessary enactmentwith ofthe thisOffice section,and the PostmasterCenters Generalfor Medicare & Medicaid Services, shall issuedevelop regulationsstandards to establishensure thethat Healthinformation Benefitsmade Educationavailable Programby requirednavigators under this subsection.paragraph is fair, accurate, and impartial.

``(B)``(6) Contents.--TheRegulations.-- regulations``(A) issued<<NOTE: under subparagraph (A) shall include-- ``(i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;

Deadline.>> In general.--Not later than 18 months after the date of enactment of this section, the Postmaster General shall issue regulations to establish the Health Benefits Education Program required under this subsection.

``(B) <<NOTE:

Notifications.>> Contents.--The regulations issued under subparagraph (A) shall include-- ``(i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;

and ``(iii) a<<NOTE: process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.''.

Consultation.>> a process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.''.

(B) Table of sections.--The table of sections for chapter 89 of title 5, United States Code, is<<NOTE: amended by inserting after the item relating to section 8903b the following:

5 USC prec.>> is amended by inserting after the item relating to section 8903b the following:

(C)[[Page Application136 toSTAT. certain postal service annuitants or family members.--Section 1862(b)(1)(E) of the Social Security Act (42 U.S.C.

1136]] (C) Application to certain postal service annuitants or family members.--Section 1862(b)(1)(E) of the Social Security Act (42 U.S.C.

``(o)(1) In the case of an individual who-- ``(A) as<<NOTE: of January 1, 2024, is-- ``(i) a Postal Service annuitant who is entitled to benefits under part A of title XVIII of the Social Security Act, but excluding an individual who is eligible to enroll under such part under section 1818 of such Act or 1818A of such Act (42 U.S.C.

1395i-2,Effective 1395i-2a);date.>> as of January 1, 2024, is-- ``(i) a Postal Service annuitant who is entitled to benefits under part A of title XVIII of the Social Security Act, but excluding an individual who is eligible to enroll under such part under section 1818 of such Act or 1818A of such Act (42 U.S.C.

1395i-2, 1395i- 2a);

and ``(B) is<<NOTE: not enrolled under this part, the individual may elect to be enrolled under this part during a special enrollment period during the 6-month period beginning on April 1, 2024.

``(2)Time Inperiod.>> thisis subsection,not theenrolled termunder `Postalthis Servicepart, annuitant'the meansindividual anmay annuitantelect enrolledto inbe aenrolled health benefits plan under chapterthis 89part ofduring titlea 5,special Unitedenrollment Statesperiod Code,during whosethe Government6-month contributionperiod isbeginning requiredon toApril be1, paid2024. under section 8906(g)(2) of such title.''.

``(2) <<NOTE:

Definition.>> In this subsection, the term `Postal Service annuitant' means an annuitant enrolled in a health benefits plan under chapter 89 of title 5, United States Code, whose Government contribution is required to be paid under section 8906(g)(2) of such title.''.

``(i) Notwithstanding<<NOTE: subsection (a), in the case of an individual who enrolls during the special enrollment period pursuant to section 1837(o), the coverage period shall begin on January 1, 2025.''.

(3)Effective Treatmentdate.>> ofNotwithstanding partsubsection b(a), latein enrollmentthe penaltycase forof individualsan enrollingindividual who enrolls during the special enrollment period.--period Sectionpursuant 1839(e)to ofsection 1837(o), the Socialcoverage Securityperiod Actshall (42begin U.S.C.on January 1, 2025.''.

(3) Treatment of part b late enrollment penalty for individuals enrolling during special enrollment period.--Section 1839(e) of the Social Security Act (42 U.S.C.

The<<NOTE: Secretary shall enter into an agreement with the United States Postal Service under which the United States Postal Service agrees to pay on a quarterly or other periodic basis to the Secretary (to be deposited in the Treasury to the credit of the Federal Supplementary Medical Insurance Trust Fund) an amount equal to the amount of the part B late enrollment premium increases with respect to the premiums for eligible individuals (as defined in paragraph (3)(A)(ii)).'';

Contracts.>> The Secretary shall enter into an agreement with the United States Postal Service under which the United [[Page 136 STAT.

1137]] States Postal Service agrees to pay on a quarterly or other periodic basis to the Secretary (to be deposited in the Treasury to the credit of the Federal Supplementary Medical Insurance Trust Fund) an amount equal to the amount of the part B late enrollment premium increases with respect to the premiums for eligible individuals (as defined in paragraph (3)(A)(ii)).'';

``(A) The<<NOTE: term `eligible individual' means an individual who is enrolled under this part B and who-- ``(i) in the case of an agreement entered into under the first sentence of paragraph (1), is within a class of individuals specified in such agreement;

Definition.>> The term `eligible individual' means an individual who is enrolled under this part B and who-- ``(i) in the case of an agreement entered into under the first sentence of paragraph (1), is within a class of individuals specified in such agreement;

(4) Part d egwp contracting conforming amendment.--Sectionamendment.-- 1860D-22(b)Section of<<NOTE: the Social Security Act (42 U.S.C.

Applicability.>> 1860D-22(b) of the Social Security Act (42 U.S.C.

``, and shall be applied in a manner to facilitate the offering of prescription drug benefits under a Program plan under section 8903c of title 5, United States Code, as required under subsection (h)(2) of such section, through employment-employment-based based retiree health coverage through-- ``(1) a prescription drug plan;

(c) Information<<NOTE: Sharing and Dissemination Required for Special Enrollment Period and Enforcement of Part B Enrollment Requirements.-- (1) Definitions.--In this subsection, the terms ``Medicare part A'', ``Medicare part B'', ``Office'', ``Postal Service'', and ``Postal Service annuitant'' have the meanings given those terms in section 8903c of title 5, United States Code, as added by subsection (a).

(2)5 InformationUSC sharing8903c bynote.>> opm.--TheInformation OfficeSharing shall,and byDissemination regulation,Required establish a process for providingSpecial suchEnrollment informationPeriod asand isEnforcement necessaryof toPart theB SocialEnrollment SecurityRequirements.-- Administration(1) regardingDefinitions.--In Postalthis Servicesubsection, annuitants (and the familyterms members``Medicare ofpart suchA'', annuitants)``Medicare whopart mayB'', be``Office'', eligible``Postal toService'', enrolland under``Postal MedicareService partannuitant'' Bhave during the specialmeanings enrollmentgiven periodthose describedterms in subsectionsection (o)8903c of sectiontitle 18375, ofUnited theStates SocialCode, Securityas Actadded (42by U.S.C.subsection (a).

(2) <<NOTE:

Regulations.>> Information sharing by opm.--The Office shall, by regulation, establish a process for providing such information as is necessary to the Social Security Administration regarding Postal Service annuitants (and the family members of such annuitants) who may be eligible to enroll under Medicare part B during the special enrollment period described in subsection (o) of section 1837 of the Social Security Act (42 U.S.C.

(3) Information<<NOTE: sharing by ssa.--The Social Security Administration shall provide to the Office and the Postal Service information regarding whether a Postal Service annuitant, or a family member of such an annuitant, is entitled to benefits under Medicare part A and enrolled under Medicare part B, to assist the Office and the Postal Service in determining-- (A) which Postal Service annuitants, and family members of such annuitants, may be eligible to enroll under Medicare part B during the special enrollment period described in paragraph (2);

Determination.>> Information sharing by ssa.-- The Social Security Administration shall provide to the Office and the Postal Service information regarding whether a Postal Service annuitant, or a family member of such an annuitant, is entitled to benefits under Medicare part A and enrolled under Medicare part B, to assist the Office and the Postal Service in determining-- (A) which Postal Service annuitants, and family members of such annuitants, may be eligible to enroll under [[Page 136 STAT.

1138]] Medicare part B during the special enrollment period described in paragraph (2);

(4) Funds<<NOTE: credited by postal service.--The United States Postal Service shall deposit an amount equal to the sum of the amounts appropriated under paragraphs (1), (2), and (3) into the Treasury as a miscellaneous receipt from the Postal Service Fund in fiscal year 2022.

(5)Time Reimbursementperiod.>> forFunds periodiccredited ssaby datapostal sharing.--service.--The (A)United Inter-agencyStates agreement.--ThePostal CommissionerService of Social Security shall enterdeposit into an agreementamount withequal to the Directorsum of the Officeamounts appropriated under whichparagraphs the(1), Director(2), pays the Commissioner from the Postal Service administrative reserve the full costs (including systems and administrative(3) costs)into of providing the informationTreasury describedas ina subsectionmiscellaneous (c)(3)receipt forfrom the purposePostal setService forthFund in subsectionfiscal (c)(3)(B).year 2022.

(5) <<NOTE:

5 USC 8903c note.>> Reimbursement for periodic ssa data sharing.-- (A) <<NOTE:

Contracts.>> Inter-agency agreement.-- The Commissioner of Social Security shall enter into an agreement with the Director of the Office under which the Director pays the Commissioner from the Postal Service administrative reserve the full costs (including systems and administrative costs) of providing the information described in subsection (c)(3) for the purpose set forth in subsection (c)(3)(B).

USPS<<NOTE: FAIRNESS ACT.

(a)USPS ShortFairness Title.--ThisAct.>> sectionUSPS mayFAIRNESS beACT. cited as the ``USPS Fairness Act''.

(b)(a) Rational<<NOTE: Benefits Funding and Accounting.-- (1) In general.--Section 8909a of title 5, United States Code, is amended by striking subsection (d) and inserting the following:

``(d)(1)5 NotUSC later101 thannote.>> JuneShort 30,Title.--This 2026,section andmay by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paidcited fromas the Fund``USPS underFairness sectionAct''. 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).

``(2)(b) NotRational laterBenefits thanFunding Septemberand 30Accounting.-- of[[Page each136 yearSTAT. in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.

1139]] (1) In general.--Section 8909a of title 5, United States Code, is amended by striking subsection (d) and inserting the following:

``(d)(1) <<NOTE:

Deadlines.>> Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).

``(2) <<NOTE:

Payment.>> Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.

and ``(3) any<<NOTE: other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.

``(f)Determination.>> Afterany consultationother withmethods theand Unitedassumptions, Statesincluding Postala Service,health thecare Officecost shalltrend promulgaterate, anythat regulationsthe Director of the Office determines necessaryto underbe thisappropriate. subsection.

``(g)``(f) For<<NOTE: purposes of this section, the term `estimated net claims costs' shall mean the difference between-- ``(1) the sum of-- ``(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants;

Consultation.

Regulations.>> After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.

``(g) <<NOTE:

Definition.>> For purposes of this section, the term `estimated net claims costs' shall mean the difference between-- ``(1) the sum of-- ``(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants;

(c) Application.--<<NOTE: (1) Cancellation of payments.--Any payment required from the Postal Service under section 8909a of title 5, United States Code, as in effect on the day before the date of enactment of this Act that remains unpaid as of such date of enactment is canceled.

5 USC 8909a note.>> Application.-- [[Page 136 STAT.

1140]] (1) Cancellation of payments.--Any payment required from the Postal Service under section 8909a of title 5, United States Code, as in effect on the day before the date of enactment of this Act that remains unpaid as of such date of enactment is canceled.

Use<<NOTE: of funds from sale of property ``In the event that the Postal Service permanently ceases operations, any funds derived from the sale of any real property owned by the Postal Service shall be used to pay any outstanding liability with respect to the salaries and expenses of any Postal Service employee.

39 USC 2903.>> Use of funds from sale of property ``In the event that the Postal Service permanently ceases operations, any funds derived from the sale of any real property owned by the Postal Service shall be used to pay any outstanding liability with respect to the salaries and expenses of any Postal Service employee.

(2) Clerical amendment.--The table of sections of such chapter is<<NOTE: amended by adding after the item relating to section the following new item:

39 USC 2901 prec.>> is amended by adding after the item relating to section 2902 the following new item:

``CHAPTER 37--NONPOSTAL37-- SERVICES<<NOTE: ``Sec.

39 USC 3701 prec.>> NONPOSTAL SERVICES ``Sec.

Purpose<<NOTE: ``The purpose of this chapter is to enable the Postal Service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter.

39 USC 3701.>> Purpose ``The purpose of this chapter is to enable the Postal Service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter.

Definitions<<NOTE: ``In this chapter-- ``(1) the term `nonpostal services' is limited to services offered by the Postal Service that are expressly authorized by this chapter and are not postal products or services;

39 USC 3702.>> Definitions ``In this chapter-- ``(1) the term `nonpostal services' is limited to services offered by the Postal Service that are expressly authorized by this chapter and are not postal products or services;

``(5)[[Page the136 termSTAT. `State government' includes the government of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States;

1141]] ``(5) the term `State government' includes the government of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States;

Postal<<NOTE: Service program for State governments ``(a) In General.--Notwithstanding any other provision of this title, the Postal Service may establish a program to enter into agreements with an agency of any State government, local government, or tribal government to provide property or nonpostal services to the public on behalf of such agencies for non-commercial purposes, but only if-- ``(1) such property or nonpostal services-- ``(A) provide enhanced value to the public, such as by lowering the cost or raising the quality of such services or by making such services more accessible;

39 USC 3703.>> Postal Service program for State governments ``(a) <<NOTE:

Contracts.>> In General.--Notwithstanding any other provision of this title, the Postal Service may establish a program to enter into agreements with an agency of any State government, local government, or tribal government to provide property or nonpostal services to the public on behalf of such agencies for non-commercial purposes, but only if-- ``(1) such property or nonpostal services-- ``(A) provide enhanced value to the public, such as by lowering the cost or raising the quality of such services or by making such services more accessible;

and ``(2) such<<NOTE: agreements provide a net contribution to the Postal Service, defined as reimbursement that covers at least percent of the costs attributable to all property and nonpostal services provided under each relevant agreement in each year, except that agreements determined to be substantially similar by the Postal Service with the concurrence of the Postal Regulatory Commission shall be reviewed based on their collective revenue and costs attributable.

``(b)Review.>> Publicsuch Notice.--Notagreements moreprovide thana 90net dayscontribution afterto offeringthe aPostal serviceService, underdefined as reimbursement that covers at least 100 percent of the program,costs attributable to all property and nonpostal services provided under each relevant agreement in each year, except that agreements determined to be substantially similar by the Postal Service shallwith makethe availableconcurrence toof the publicPostal onRegulatory itsCommission website--shall ``(1)be thereviewed agreementbased withon thetheir agencycollective regardingrevenue suchand service;costs attributable.

and``(b) ``(2)<<NOTE: a business plan that describes the specific property or nonpostal service to be provided, the enhanced value to the public, and terms of reimbursement to the Postal Service.

``(c)Deadline. Approval Required.--The Postal Service may not establish the program under subsection (a) unless the Governors of the Postal Service approve such program by a recorded vote that is publicly disclosed on the Postal Service website with a majority of the Governors then in office voting for approval.

``(d)Web Confidentialposting.>> Information.--SubsectionPublic (b)Notice.--Not shallmore notthan be90 construeddays asafter requiringoffering a service under the program, the Postal Service toshall disclosemake available to the public anyon information--its website-- ``(1) describedthe inagreement sectionwith 410(c);the agency regarding such service;

and ``(2) <<NOTE:

Business plan.>> a business plan that describes the specific property or nonpostal service to be provided, the enhanced value to the public, and terms of reimbursement to the Postal Service.

``(c) <<NOTE:

Public information.

Web posting.>> Approval Required.--The Postal Service may not establish the program under subsection (a) unless the Governors of the Postal Service approve such program by a recorded vote that is publicly disclosed on the Postal Service website with a majority of the Governors then in office voting for approval.

[[Page 136 STAT.

1142]] ``(d) Confidential Information.--Subsection (b) shall not be construed as requiring the Postal Service to disclose to the public any information-- ``(1) described in section 410(c);

Postal<<NOTE: Service program for other Government agencies ``The Postal Service may establish a program to provide property and nonpostal services to other Government agencies within the meaning of section 411, but only if such program provides a net contribution to the Postal Service, defined as reimbursement that covers at least 100 percent of the costs attributable for property and nonpostal services provided by the Postal Service in each year to such agencies.

39 USC 3704.>> Postal Service program for other Government agencies ``The Postal Service may establish a program to provide property and nonpostal services to other Government agencies within the meaning of section 411, but only if such program provides a net contribution to the Postal Service, defined as reimbursement that covers at least 100 percent of the costs attributable for property and nonpostal services provided by the Postal Service in each year to such agencies.

Transparency<<NOTE: and accountability for nonpostal services ``(a) Annual Report to the Commission.-- ``(1) In general.--Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement or substantially similar set of agreements for the provision of property or nonpostal services under section 3703 or the program as a whole under section 3704, and any other nonpostal service authorized under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter.

39 USC 3705.>> Transparency and accountability for nonpostal services ``(a) Annual Report to the Commission.-- ``(1) <<NOTE:

Analysis.>> In general.--Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement or substantially similar set of agreements for the provision of property or nonpostal services under section 3703 or the program as a whole under section 3704, and any other nonpostal service authorized under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter.

``(b) Content and Form of Report.-- ``(1) In<<NOTE: general.--The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a).

Regulation.>> In general.--The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a).

``(2) Revised<<NOTE: requirements.--The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the quality, accuracy, or completeness of Postal Service data required by the Commission if-- ``(A) the attribution of costs or revenues to property, products, or services under this chapter has become significantly inaccurate or can be significantly improved;

``(B)Data.>> Revised requirements.--The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the qualityquality, accuracy, or completeness of servicePostal Service data providedrequired toby the Commission forif-- a``(A) reportthe attribution of costs or revenues to property, products, or services under this chapter has become significantly inaccurate or can be significantly improved;

[[Page 136 STAT.

1143]] ``(B) the quality of service data provided to the Commission for a report under this chapter has become significantly inaccurate or can be significantly improved;

``(c) Audits.--The<<NOTE: Inspector General shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection (a).

Reports.>> Audits.--The Inspector General shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection (a).

``(d) Confidential Information.-- ``(1) In<<NOTE: general.--If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section contains information described in section 410(c), or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor.

Determination.

Notification.>> In general.-- If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section contains information described in section 410(c), or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor.

``(e) Annual<<NOTE: Compliance Determination.-- ``(1) Opportunity for public comment.--Upon receiving a report required under subsection (a), the Postal Regulatory Commission shall promptly-- ``(A) provide an opportunity for comment on such report by any interested party;

andDeadlines.>> ``(B)Annual appointCompliance anDetermination.-- officer``(1) ofOpportunity for public comment.--Upon receiving a report required under subsection (a), the Postal Regulatory Commission toshall representpromptly-- the``(A) interestsprovide ofan theopportunity generalfor public.comment on such report by any interested party;

and ``(B) <<NOTE:

Appointment.>> appoint an officer of the Commission to represent the interests of the general public.

The Commission may order the Postal Service to discontinue a nonpostal service under section[[Page 3703136 thatSTAT. persistently fails to meet cost coverage requirements.

1144]] section 3703 that persistently fails to meet cost coverage requirements.

(2) Clerical amendment.--The table of chapters for part IV of title 39, United States Code, is<<NOTE: amended by adding after the item relating to chapter 36 the following:

39 USC 3001 prec.>> is amended by adding after the item relating to chapter 36 the following:

Nonpostal services....................................services.........................................3701''.

3701''.

(3) Treatment<<NOTE: of existing nonpostal services.--All individual nonpostal services, provided directly or through licensing, that are continued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of section 3705, subsections (a) through (d).

39 USC 404 note.>> Treatment of existing nonpostal services.--All individual nonpostal services, provided directly or through licensing, that are continued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of section 3705, subsections (a) through (d).

Performance<<NOTE: targets and transparency ``(a) Performance Targets.--Each year, to ensure that mail service for postal customers meets the service standards for market-dominant products, established under section 3691, the Postal Service shall-- ``(1) not later than 60 days after the beginning of the fiscal year in which they will apply, establish and provide to the Postal Regulatory Commission reasonable targets for performance for each product;

39 USC 3692.>> Performance targets and transparency ``(a) Performance Targets.--Each year, to ensure that mail service for postal customers meets the service standards for market-dominant products, established under section 3691, the Postal Service shall-- ``(1) <<NOTE:

Deadline.>> not later than 60 days after the beginning of the fiscal year in which they will apply, establish and provide [[Page 136 STAT.

1145]] to the Postal Regulatory Commission reasonable targets for performance for each product;

``(b) Postal Regulatory Commission Determination of Certain Performance Information.--NotInformation.-- later<<NOTE: than 90 days after first receiving the performance targets under subsection (a)(1), the Postal Regulatory Commission shall provide to the Postal Service-- ``(1) requirements for the Postal Service to publish nationwide, regional, and local delivery area performance information in accordance with subsection (c)(2) that-- ``(A) are consistent with the organizational structure of the delivery network of the Postal Service (including at the District and Area organizational levels, or the functional equivalents, and, to the extent practicable, at the U.S.

Deadline.>> Not later than 90 days after first receiving the performance targets under subsection (a)(1), the Postal Regulatory Commission shall provide to the Postal Service-- ``(1) <<NOTE:

Requirements.

Publication.>> requirements for the Postal Service to publish nationwide, regional, and local delivery area performance information in accordance with subsection (c)(2) that-- ``(A) are consistent with the organizational structure of the delivery network of the Postal Service (including at the District and Area organizational levels, or the functional equivalents, and, to the extent practicable, at the U.S.

and ``(C) includes<<NOTE: time period segments for the published geographic levels to satisfy the publishing requirements of subparagraphs (A) and (C) of subsection (c)(2);

andTime ``(2)period.>> recommendationsincludes fortime anyperiod modificationssegments tofor the Postalpublished Service'sgeographic measurementlevels systems necessary to measuresatisfy and publish the performancepublishing informationrequirements underof subsectionsubparagraphs (c)(2)(A) thatand the(C) Postalof Regulatorysubsection Commission(c)(2); deems relevant.

``(c) Public Performance Dashboard.-- ``(1) In general.--The Postal Service shall develop and maintain``(2) a<<NOTE: publicly available Website with an interactive web- tool that provides performance information for market-dominant products that is updated on a weekly basis.

Recommenda- tions.>> recommendations for any modifications to the Postal Service's measurement systems necessary to measure and publish the performance information under subsection (c)(2) that the Postal Regulatory Commission deems relevant.

``(c) <<NOTE:

Website.>> Public Performance Dashboard.-- ``(1) In general.--The Postal Service shall develop and maintain a publicly available Website with an interactive web- tool that provides performance information for market-dominant products that is updated on a weekly basis.

``(5)[[Page Format.--The136 PostalSTAT. Service shall make the performance information provided on the Website available-- ``(A) in a manner that-- ``(i) presents the information required under paragraph (2) on an interactive dashboard;

1146]] ``(5) Format.--The Postal Service shall make the performance information provided on the Website available-- ``(A) in a manner that-- ``(i) presents the information required under paragraph (2) on an interactive dashboard;

``(8) Deadline.--The<<NOTE: Postal Service shall implement and make available to the public (and make any subsequent changes in accordance with subsection (b)) the Website not later than days from the date on which the Postal Service receives the requirements and recommendations from the Postal Regulatory Commission under subsection (b), and shall continuously update such information on the Website as required by subsection (b).

Public information.>> Deadline.--The Postal Service shall implement and make available to the public (and make any subsequent changes in accordance with subsection (b)) the Website not later than 60 days from the date on which the Postal Service receives the requirements and recommendations from the Postal Regulatory Commission under subsection (b), and shall continuously update such information on the Website as required by subsection (b).

(b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 39, United States Code, is<<NOTE: amended by inserting after the item relating to section 3691 the following:

39 USC 3621 prec.>> is amended by inserting after the item relating to section 3691 the following:

``The[[Page Postal136 ServiceSTAT. shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title).

1147]] ``The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title).

(b) Rule<<NOTE: of Construction.--Nothing in subsection (a) or the amendment made by such subsection is intended to alter or amend the requirements of chapters 20 or 36 of title 39, United States Code, and related implementing regulations, including provisions relating to costing, accounting, or rates.

39 USC 101 note.>> Rule of Construction.--Nothing in subsection (a) or the amendment made by such subsection is intended to alter or amend the requirements of chapters 20 or 36 of title 39, United States Code, and related implementing regulations, including provisions relating to costing, accounting, or rates.

REVIEW<<NOTE: OF POSTAL SERVICE COST ATTRIBUTION GUIDELINES.

Deadline.

Determination.

39 USC 3633 note.>> REVIEW OF POSTAL SERVICE COST ATTRIBUTION GUIDELINES.

If the<<NOTE: Commission determines, after notice and opportunity for public comment, that revisions are appropriate, the Commission shall make modifications or adopt alternative methodologies as necessary.

Notice.

Public comment.>> the Commission determines, after notice and opportunity for public comment, that revisions are appropriate, the Commission shall make modifications or adopt alternative methodologies as necessary.

``(d)(1) Not<<NOTE: later than September 1 of each fiscal year (beginning with fiscal year 2022), the Postal Regulatory Commission shall submit to the Postal Service a budget of the Commission's expenses, including expenses for facilities, supplies, compensation, and employee benefits, for the following fiscal year.

Deadlines.

Budget.>> Not later than September 1 of each fiscal year (beginning with fiscal year 2022), the Postal Regulatory Commission shall submit to the Postal Service a budget of the Commission's expenses, including expenses for facilities, supplies, compensation, and employee benefits, for the following fiscal year.

The<<NOTE: budget shall be deemed approved on the date the Commission makes any such adjustments.

Approval date.>> The budget shall be deemed approved on the date the Commission makes any such adjustments.

``(3)[[Page Expenses136 incurredSTAT. under any budget approved under this subsection shall be paid out of the Postal Service Fund established under section 2003.''.

1148]] ``(3) Expenses incurred under any budget approved under this subsection shall be paid out of the Postal Service Fund established under section 2003.''.

FLATS<<NOTE: OPERATIONS STUDY AND REFORM.

(a)39 FlatsUSC Operations501 Study.--note.>> (1)FLATS InOPERATIONS general.--TheSTUDY PostalAND RegulatoryREFORM. Commission, in consultation with the Inspector General of the United States Postal Service, shall conduct a study to-- (A) comprehensively identify the causes of inefficiencies in the collection, sorting, transportation, and delivery of Flats;

(a) <<NOTE:

Consultation.>> Flats Operations Study.-- (1) In general.--The Postal Regulatory Commission, in consultation with the Inspector General of the United States Postal Service, shall conduct a study to-- (A) comprehensively identify the causes of inefficiencies in the collection, sorting, transportation, and delivery of Flats;

(b) Flats Operations Reform.-- (1) In<<NOTE: general.--Not later than six months after the date on which the Postal Regulatory Commission submits the report described in subsection (a)(3), the Postal Service shall-- (A) develop and implement a plan to remedy each inefficiency identified in the study conducted under subsection (a)(1) to the extent practicable;

andDeadline.>> (B)In ifgeneral.--Not thelater Postalthan Servicesix determinesmonths thatafter remedyingthe anydate suchon inefficiencywhich is not practicable, provide to Congress and the Postal Regulatory Commission ansubmits explanationthe whyreport remedyingdescribed suchin inefficiencysubsection is(a)(3), notthe practicable,Postal includingService whethershall-- it(A) may<<NOTE: become practicable to remedy such inefficiency at a later time.

Plan.>> develop and implement a plan to remedy each inefficiency identified in the study conducted under subsection (a)(1) to the extent practicable;

and (B) <<NOTE:

Determination.>> if the Postal Service determines that remedying any such inefficiency is not practicable, provide to Congress and the Postal Regulatory Commission an explanation why remedying such inefficiency is not practicable, including [[Page 136 STAT.

1149]] whether it may become practicable to remedy such inefficiency at a later time.

and (B) the<<NOTE: Postal Service shall provide an adequate opportunity for public comment on the plan.

Public comment.>> the Postal Service shall provide an adequate opportunity for public comment on the plan.

(c) Subsequent<<NOTE: Rate Adjustments.--During the five-year period beginning on the date on which the Postal Regulatory Commission submits a report under subsection (a)(3), the Postal Service, when making any adjustment to the rate of a market-dominant product (as defined in section 102 of title 39, United States Code), shall consider the findings of such report and, after the plan described in subsection (b)(1) is implemented, the plan's efficacy in remedying the inefficiencies identified in the study conducted under subsection (a)(1).

Time period.

Effective date.>> Subsequent Rate Adjustments.--During the five-year period beginning on the date on which the Postal Regulatory Commission submits a report under subsection (a)(3), the Postal Service, when making any adjustment to the rate of a market-dominant product (as defined in section 102 of title 39, United States Code), shall consider the findings of such report and, after the plan described in subsection (b)(1) is implemented, the plan's efficacy in remedying the inefficiencies identified in the study conducted under subsection (a)(1).

(a) In<<NOTE: General.--Not later than 240 days after the date of the enactment of this Act, and every six months thereafter, the Postmaster General shall submit to the President, the Postal Regulatory Commission, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a report on the operations and financial condition of the Postal Service during the six-month period ending 60 days before the date on which the Postmaster General submits such report.

(b)Time Contents.--Eachperiods.>> reportIn submittedGeneral.--Not underlater thisthan section240 shalldays includeafter updates,the detailsdate of changesthe fromenactment previousof standardsthis andAct, requirements, and assessmentsevery ofsix progressmonths beingthereafter, madethe onPostmaster theGeneral operationsshall andsubmit financialto conditionthe ofPresident, the Postal Service,Regulatory including--Commission, (1) the actualCommittee mailon Homeland Security and packageGovernmental volumeAffairs growthof relativethe toSenate, anyand mailthe orCommittee packageon volumeOversight growthand projectionsReform previouslyof madethe orHouse reliedof uponRepresentatives bya thereport Postalon Service,the includingoperations aand discussionfinancial condition of the reasonsPostal forService during the differencessix-month inperiod projectionsending and60 days before the associateddate adjustmentson beingwhich made;the Postmaster General submits such report.

(b) <<NOTE:

Updates.

Assessments.>> Contents.--Each report submitted under this section shall include updates, details of changes from previous standards and requirements, and assessments of progress being made on the operations and financial condition of the Postal Service, including-- (1) the actual mail and package volume growth relative to any mail or package volume growth projections previously made or relied upon by the Postal Service, including a discussion of the reasons for the differences in projections and the associated adjustments being made;

(6)[[Page the136 useSTAT. of USPS Connect Returns service among customers, and associated costs and revenue effects;

1150]] (6) the use of USPS Connect Returns service among customers, and associated costs and revenue effects;

(8) updates<<NOTE: on the reliability, efficiency, and cost- effectiveness of the transportation network, including the manner in which ground transportation is utilized over air transportation for types of market-dominant products and competitive products;

(9)Updates.>> aupdates reviewon ofthe effortsreliability, toefficiency, enhanceand employeecost-effectiveness training,of safety,the andtransportation wellbeing,network, including associatedthe effectsmanner onin employeewhich recruitment,ground satisfaction,transportation is utilized over air transportation for types of market-dominant products and retention;competitive products;

(10)(9) a<<NOTE: review of efforts being made to improve employee allocation, including changes of non-career employees to career status, and any associated impacts to operational expenses and processing, transportation, and delivery efficiency;

(11)Review.>> thea ratereview of plannedefforts investmentto intoenhance Postalemployee Servicetraining, processing,safety, transportation, and deliverywellbeing, equipmentincluding and infrastructure for market-dominant and competitive products, and a review of any associated effects on operationalemployee expensesrecruitment, satisfaction, and efficiency;retention;

(10) <<NOTE:

Review.>> a review of efforts being made to improve employee allocation, including changes of non-career employees to career status, and any associated impacts to operational expenses and processing, transportation, and delivery efficiency;

(11) <<NOTE:

Review.>> the rate of planned investment into Postal Service processing, transportation, and delivery equipment and infrastructure for market-dominant and competitive products, and a review of any associated effects on operational expenses and efficiency;

(13) a<<NOTE: review of the ability of the Postal Service to meet performance targets established under section 3692(a)(1) of title 39, United States Code;

(14)Review.>> a discussionreview of the progressability of the Postal Service in achieving any new, self-funded investments, including the amounts realized and expended to date,meet andperformance atargets discussionestablished ofunder thesection reasons3692(a)(1) behind any disparities in the assumptions regarding the expected progress of thetitle Postal39, ServiceUnited gettingStates new,Code; self- funded investments to accommodate changes;

(14) a discussion of the progress of the Postal Service in achieving any new, self-funded investments, including the amounts realized and expended to date, and a discussion of the reasons behind any disparities in the assumptions regarding the expected progress of the Postal Service getting new, self-funded investments to accommodate changes;

(2) Notification.--If<<NOTE: the Postal Service determines that any information must be excluded under paragraph (1), the Postal Service shall, at the time of submitting the report, notify the President, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Postal Regulatory Commission in writing of its determination and describe in detail the information for which confidentiality is sought and the reasons therefor.

Determination.>> Notification.--If the Postal Service determines that any information must be excluded under paragraph (1), the Postal Service shall, at the time of submitting the report, notify the President, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Postal Regulatory Commission in writing of its determination and describe in detail the information for which confidentiality is sought and the reasons therefor.

(4)[[Page Treatment.--No136 personSTAT. may, with respect to any information which such person receives under paragraph (4)-- (A) use such information for purposes other than the purposes for which it is supplied;

1151]] (4) Treatment.--No person may, with respect to any information which such person receives under paragraph (4)-- (A) use such information for purposes other than the purposes for which it is supplied;

App.) is<<NOTE: amended-- (1) in subsection (a)(2), by striking ``the Postal Regulatory Commission,'';

5 USC app.

8G.>> is amended-- (1) in subsection (a)(2), by striking ``the Postal Regulatory Commission,'';

The<<NOTE: Commission shall comply with the Inspector General's oversight as if the Commission were a designated Federal entity under subsection (a)(2) and as if the Inspector General were the inspector general of the Commission.

Compliance.>> The Commission shall comply with the Inspector General's oversight as if the Commission were a designated Federal entity under subsection (a)(2) and as if the Inspector General were the inspector general of the Commission.

``(4) For<<NOTE: activities pertaining to the Postal Regulatory Commission, sections 4, 5, 6 (other than subsection (g) thereof), and 7 of this Act shall be applied by substituting the term `head of the Postal Regulatory Commission' for `head of the establishment'.''.

(b)Applicability.>> AppointmentFor andactivities Removal.--Sectionpertaining 202to ofthe titlePostal 39,Regulatory UnitedCommission, Statessections Code,4, is5, amended--6 (1)(other inthan subsection (e)(1),(g) bythereof), striking ``The Governors shall appoint'' and inserting7 ``The Governors and the members of thethis PostalAct Regulatory Commission shall appoint,be applied by asubstituting favorablethe voteterm of`head a majority of the GovernorsPostal inRegulatory officeCommission' andfor of`head a majority of the membersestablishment'.''. of the Commission in office,'';

[[Page 136 STAT.

1152]] (b) Appointment and Removal.--Section 202 of title 39, United States Code, is amended-- (1) in subsection (e)(1), by striking ``The Governors shall appoint'' and inserting ``The Governors and the members of the Postal Regulatory Commission shall appoint, by a favorable vote of a majority of the Governors in office and of a majority of the members of the Commission in office,'';

(c) Savings<<NOTE: Provision.-- (1) Personnel, documents, assets.--All personnel, documents, assets, unexpended balances of appropriations, and obligations of the Inspector General for the Postal Regulatory Commission shall transfer to the Inspector General of the Postal Service on the effective date of this section.

5 USC app.

8G note.>> Savings Provision.-- (1) Personnel, documents, assets.--All personnel, documents, assets, unexpended balances of appropriations, and obligations of the Inspector General for the Postal Regulatory Commission shall transfer to the Inspector General of the Postal Service on the effective date of this section.

(e) Effective<<NOTE: Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

TITLE5 III--SEVERABILITYUSC SEC.app.

8G note.>> Effective Date.--This section and the amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.

[[Page 136 STAT.

1153]] TITLE III--SEVERABILITY SEC.

SEVERABILITY.<<NOTE:

39 USC 101 note.>> SEVERABILITY.

PassedApproved theApril House6, of Representatives February 8, 2022.

Attest:LEGISLATIVE HISTORY--H.R.

CHERYL3076: L.

JOHNSON,--------------------------------------------------------------------------- Clerk.HOUSE REPORTS:

ByNo. Kevin F.

McCumber,117-89, DeputyPts. Clerk.

Calendar1 No.and 2 (both from Comm.

273on 117thOversight CONGRESSand 2dReform). Session H.

R.CONGRESSIONAL RECORD, Vol.

3076168 _______________________________________________________________________(2022): AN ACT To provide stability to and enhance the services of the United States Postal Service, and for other purposes.

_______________________________________________________________________Feb. February 15, 2022 Read the second time and placed on the calendar

8, considered and passed House.

Mar.

1-3, 7, 8, considered and passed Senate.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):

Apr.

6, Presidential remarks.

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