II 

Calendar No. 273 

117TH CONGRESS 

2D SESSION H. R. 3076 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8 (legislative day, FEBRUARY 3), 2022 

Received; read the first time 

FEBRUARY 9, 2022 

Read the second time and placed on the calendar 

FEBRUARY 14, 2022 

Previous actions vitiated and ordered returned to the House 

FEBRUARY 14, 2022 

Read the first time 

FEBRUARY 15, 2022 

Read the second time and placed on the calendar 

AN ACT 

To provide stability to and enhance the services of the United 

States Postal Service, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Postal Service Reform Act of 2022’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—POSTAL SERVICE FINANCIAL REFORMS 

Sec. 101. Postal Service Health Benefits Program. 

Sec. 102. USPS Fairness Act. 

Sec. 103. Nonpostal services. 

TITLE II—POSTAL SERVICE OPERATIONAL REFORMS 

Sec. 201. Performance targets and transparency. 

Sec. 202. Integrated delivery network. 

Sec. 203. Review of Postal Service cost attribution guidelines. 

Sec. 204. Rural newspaper sustainability. 

Sec. 205. Funding of Postal Regulatory Commission. 

Sec. 206. Flats operations study and reform. 

Sec. 207. Reporting requirements. 

Sec. 208. Postal Service transportation selection policy revisions. 

Sec. 209. USPS Inspector General oversight of Postal Regulatory Commission. 

TITLE III—SEVERABILITY 

Sec. 301. Severability. 

3 SEC. 2. DEFINITIONS. 

4 (a) COMMISSION.—In this Act, the term ‘‘Commis5 sion’’ means the Postal Regulatory Commission. 

6 (b) TERMS DEFINED IN TITLE 39, UNITED STATES

7 CODE.—In this Act, the terms ‘‘competitive product’’, 

8 ‘‘market-dominant product’’, and ‘‘Postal Service’’ have 

9 the meanings given those terms in section 102 of title 39, 

10 United States Code. 

11 TITLE I—POSTAL SERVICE 

12 FINANCIAL REFORMS 

13 SEC. 101. POSTAL SERVICE HEALTH BENEFITS PROGRAM. 

14 (a) ESTABLISHMENT.— 


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

2 States Code, is amended by inserting after section 

3 8903b the following: 

4 ‘‘§ 8903c. Postal Service Health Benefits Program 

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

6 ‘‘(1) the term ‘covered Medicare individual’ 

7 means an individual who is entitled to benefits under 

8 Medicare part A, but excluding an individual who is 

9 eligible to enroll under such part under section 1818 

10 or 1818A of the Social Security Act (42 U.S.C. 

11 1395i–2, 1395i–2a); 

12 ‘‘(2) the term ‘initial contract year’ means the 

13 contract year beginning in January of 2025; 

14 ‘‘(3) the term ‘initial participating carrier’ 

15 means a carrier that enters into a contract with the 

16 Office to participate in the Program during the ini17 tial contract year; 

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

19 of title XVIII of the Social Security Act (42 U.S.C. 

20 1395c et seq.); 

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

22 of title XVIII of the Social Security Act (42 U.S.C. 

23 1395j et seq.); 

24 ‘‘(6) the term ‘Office’ means the Office of Per25 sonnel Management; 


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

2 States Postal Service; 

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

4 an annuitant enrolled in a health benefits plan under 

5 this chapter whose Government contribution is re6 quired to be paid under section 8906(g)(2); 

7 ‘‘(9) the term ‘Postal Service employee’ means 

8 an employee of the Postal Service enrolled in a 

9 health benefits plan under this chapter whose Gov10 ernment contribution is paid by the Postal Service; 

11 ‘‘(10) the term ‘Postal Service Medicare covered 

12 annuitant’ means an individual who— 

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

14 ‘‘(B) is a covered Medicare individual; 

15 ‘‘(11) the term ‘Program’ means the Postal 

16 Service Health Benefits Program established under 

17 subsection (c) within the Federal Employees Health 

18 Benefits Program; 

19 ‘‘(12) the term ‘Program plan’ means a health 

20 benefits plan offered under the Program; and 

21 ‘‘(13) the definitions set forth in section 8901 

22 shall apply, and for the purposes of applying such 

23 definitions in carrying out this section, a Postal 

24 Service employee and Postal Service annuitant shall 

25 be treated in the same manner as an employee and 


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1 an annuitant (as those terms are defined in para2 graphs (1) and (3), respectively, of section 8901), 

3 consistent with the requirements of this section. 

4 ‘‘(b) APPLICATION.—The requirements under this 

5 section shall— 

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

7 contract year thereafter; and 

8 ‘‘(2) supersede any other provision of this chap9 ter inconsistent with such requirements, as deter10 mined by the Office. 

11 ‘‘(c) ESTABLISHMENT OF THE POSTAL SERVICE

12 HEALTH BENEFITS PROGRAM.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) ESTABLISHMENT.—The Office shall 

15 establish the Postal Service Health Benefits 

16 Program within the Federal Employees Health 

17 Benefits Program under this chapter, under 

18 which the Office may contract with carriers to 

19 offer health benefits plans as described under 

20 this section. 

21 ‘‘(B) APPLICABILITY OF CHAPTER RE22 QUIREMENTS TO CONTRACTS.—Except as other23 wise provided in this section, any contract de24 scribed in subparagraph (A) shall be consistent 

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1 tracts under section 8902 with carriers to offer 

2 health benefits plans other than under this sec3 tion. 

4 ‘‘(C) PROGRAM PLANS AND PARTICIPA5 TION.—The Program shall— 

6 ‘‘(i) to the greatest extent prac7 ticable— 

8 ‘‘(I) with respect to each plan 

9 provided by a carrier under this sub10 chapter in which the total enrollment 

11 includes, in the contract year begin12 ning in January 2023, 1,500 or more 

13 enrollees who are Postal Service em14 ployees or Postal Service annuitants, 

15 include a plan offered by that carrier 

16 with equivalent benefits and cost-shar17 ing requirements as provided under 

18 paragraph (2), except that the Direc19 tor of the Office may exempt any 

20 comprehensive medical plan from this 

21 requirement; and 

22 ‘‘(II) include plans offered by any 

23 other carrier determined appropriate 

24 by the Office; 


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1 ‘‘(ii) provide for enrollment in Pro2 gram plans of Postal Service employees 

3 and Postal Service annuitants, in accord4 ance with subsection (d); 

5 ‘‘(iii) provide for enrollment in a Pro6 gram plan as an individual, for self plus 

7 one, or for self and family; and 

8 ‘‘(iv) not provide for enrollment in a 

9 Program plan of an individual who is not 

10 a Postal Service employee or Postal Service 

11 annuitant (except as a member of family of 

12 such an employee or annuitant or as pro13 vided under paragraph (4)). 

14 ‘‘(2) COVERAGE WITH EQUIVALENT BENEFITS

15 AND COST-SHARING.—In the initial contract year, 

16 the Office shall ensure that each carrier partici17 pating in the Program provides under the Program 

18 plans offered by the carrier benefits and cost-sharing 

19 requirements that are equivalent to the benefits and 

20 cost-sharing requirements under the health benefits 

21 plans offered by the carrier under this chapter that 

22 are not Program plans, except that prescription drug 

23 benefits and cost-sharing requirements may differ 

24 between the Program plans and other health benefits 

25 plans offered by the carrier under this chapter to the 


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1 extent needed to integrate the Medicare part D pre2 scription drug benefits coverage required under sub3 section (h)(2). 

4 ‘‘(3) APPLICABILITY OF FEDERAL EMPLOYEES

5 HEALTH BENEFITS PROGRAM REQUIREMENTS.—Ex6 cept as otherwise set forth in this section, the provi7 sions of this chapter applicable to health benefits 

8 plans offered by carriers under section 8903 or 

9 8903a shall apply to plans offered under the Pro10 gram. 

11 ‘‘(4) APPLICATION OF CONTINUATION COV12 ERAGE.—In accordance with rules established by the 

13 Office, section 8905a shall apply to health benefits 

14 plans offered under this section in the same manner 

15 as such section applies to other health benefits plans 

16 offered under this chapter. 

17 ‘‘(d) ELECTION OF COVERAGE.—Each Postal Service 

18 employee and Postal Service annuitant who elects to re19 ceive health benefits coverage under this chapter— 

20 ‘‘(1) shall be subject to the requirements of this 

21 section; and 

22 ‘‘(2) may not enroll in any other health benefits 

23 plan offered under any other section of this chapter. 


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1 ‘‘(e) REQUIREMENT OF MEDICARE ENROLLMENT

2 FOR CERTAIN ANNUITANTS AND THEIR FAMILY MEM3 BERS.— 

4 ‘‘(1) MEDICARE COVERED ANNUITANTS.—Ex5 cept as provided under paragraph (3), a Postal Serv6 ice Medicare covered annuitant may not enroll in a 

7 Program plan unless the annuitant is entitled to 

8 benefits under Medicare part A and enrolled in 

9 Medicare part B. 

10 ‘‘(2) MEDICARE COVERED FAMILY MEMBERS.— 

11 Except as provided under paragraph (3), in the case 

12 of a Postal Service annuitant who is entitled to ben13 efits under Medicare part A and required under this 

14 subsection to enroll in Medicare part B to enroll 

15 under the Program, if a member of family of such 

16 Postal Service annuitant is a covered Medicare indi17 vidual, that member of family may not enroll under 

18 the Program as a member of family of the Postal 

19 Service annuitant unless that member of family is 

20 entitled to benefits under Medicare part A and en21 rolled in Medicare part B. 

22 ‘‘(3) EXCEPTIONS.— 

23 ‘‘(A) IN GENERAL.—The requirements 

24 under paragraphs (1) and (2), as applicable, 


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1 shall not apply with respect to an individual in 

2 the following cases: 

3 ‘‘(i) CURRENT POSTAL SERVICE AN4 NUITANTS.—The individual, as of January 

5 1, 2025, is a Postal Service annuitant who 

6 is not both entitled to benefits under Medi7 care part A and enrolled in Medicare part 

8 B. 

9 ‘‘(ii) CURRENT EMPLOYEES AGED 64

10 AND OVER.—The individual, as of January 

11 1, 2025, is a Postal Service employee and 

12 is at least 64 years of age. 

13 ‘‘(iii) POSTAL SERVICE MEDICARE

14 COVERED ANNUITANTS AND FAMILY MEM15 BERS RESIDING ABROAD.—For any con16 tract year with respect to which the indi17 vidual is a Postal Service Medicare covered 

18 annuitant or a member of family of a Post19 al Service Medicare covered annuitant and 

20 resides outside the United States (which 

21 includes the States, the District of Colum22 bia, the Commonwealth of Puerto Rico, the 

23 Virgin Islands, Guam, American Samoa, 

24 and the Northern Mariana Islands), pro25 vided that the individual demonstrates 


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1 such residency to the Postal Service in ac2 cordance with regulations issued by the 

3 Postal Service. 

4 ‘‘(iv) POSTAL SERVICE MEDICARE

5 COVERED ANNUITANTS AND FAMILY MEM6 BERS ENROLLED UNDER VA COVERAGE.— 

7 The individual— 

8 ‘‘(I) is a Postal Service Medicare 

9 covered annuitant or a member of 

10 family of a Postal Service Medicare 

11 covered annuitant; and 

12 ‘‘(II) is enrolled in health care 

13 benefits provided by the Department 

14 of Veterans Affairs under subchapter 

15 II of chapter 17 of title 38, United 

16 States Code. 

17 ‘‘(v) POSTAL SERVICE MEDICARE COV18 ERED ANNUITANTS AND FAMILY MEMBERS

19 ELIGIBLE FOR IHS HEALTH SERVICES.— 

20 The individual— 

21 ‘‘(I) is a Postal Service Medicare 

22 covered annuitant or a member of 

23 family of a Postal Service Medicare 

24 covered annuitant; and 


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1 ‘‘(II) is eligible for health services 

2 from the Indian Health Service. 

3 ‘‘(B) REGULATIONS FOR VA AND IHS EX4 CEPTIONS.—Not later than 1 year after the 

5 date of enactment of this section, the Office 

6 shall, in consultation with the Secretary of Vet7 erans Affairs, the Secretary of Health and 

8 Human Services, and the Postmaster General, 

9 promulgate any regulations necessary to imple10 ment clauses (iv) and (v) of subparagraph (A). 

11 ‘‘(C) LIST OF INDIVIDUALS RESIDING

12 ABROAD.—The Postal Service shall provide a 

13 list of individuals who satisfy the exception 

14 under subparagraph (A)(iii) to the Office. 

15 ‘‘(4) PROCESS FOR INFORMATION COLLECTION

16 AND DISSEMINATION.—The Postal Service and the 

17 Office, in consultation with the Social Security Ad18 ministration and the Centers for Medicare & Med19 icaid Services, shall establish a process that will en20 able the Postal Service to timely inform Postal Serv21 ice employees, Postal Service annuitants, and mem22 bers of family of such employees and annuitants of 

23 the requirements described in paragraphs (1) and 

24 (2) in order to be eligible to enroll in Program plans 

25 under this section. 


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1 ‘‘(f) TRANSITIONAL OPEN SEASON.— 

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

3 ‘‘(A) the term ‘current option’, with re4 spect to an individual, means the option under 

5 a plan under this chapter in which the indi6 vidual is enrolled during the contract year pre7 ceding the initial contract year; and 

8 ‘‘(B) the term ‘current plan’, with respect 

9 to an individual, means the plan under this 

10 chapter in which the individual is enrolled dur11 ing the contract year preceding the initial con12 tract year. 

13 ‘‘(2) AUTOMATIC ENROLLMENT.— 

14 ‘‘(A) IN GENERAL.—Subject to subpara15 graphs (B) and (C), in the case of an individual 

16 who is a Postal Service employee or Postal 

17 Service annuitant eligible to enroll in a Pro18 gram plan under subsection (d), who is enrolled 

19 in a current plan, and who does not enroll in 

20 a Program plan during the open season that 

21 immediately precedes the initial contract year, 

22 the Office shall automatically enroll the indi23 vidual, as of the start of the initial contract 

24 year, in a Program plan offered by the carrier 

25 of the individual’s current plan. 


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1 ‘‘(B) CARRIERS OFFERING MULTIPLE PRO2 GRAM PLANS OR OPTIONS.—If the carrier of the 

3 current plan of an individual described in sub4 paragraph (A) offers more than 1 Program 

5 plan or option, the Office, in carrying out sub6 paragraph (A), shall automatically enroll the in7 dividual in the plan and option that provide 

8 coverage with equivalent benefits and cost shar9 ing, as described in subsection (c)(2), to the in10 dividual’s current plan and current option. 

11 ‘‘(C) CARRIERS NOT OFFERING PROGRAM

12 PLANS.—If the carrier of the current plan of an 

13 individual described in subparagraph (A) does 

14 not offer a Program plan, the Office, in car15 rying out subparagraph (A), shall automatically 

16 enroll the individual in the lowest-cost nation17 wide plan option within the Program that is not 

18 a high deductible health plan and does not 

19 charge an association or membership fee. 

20 ‘‘(g) OPM REGULATIONS.— 

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this section, the Director 

23 of the Office shall issue regulations to carry out this 

24 section. 


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1 ‘‘(2) CONSULTATION.—In issuing regulations 

2 under paragraph (1), the Director of the Office shall 

3 consult, as necessary, with the Secretary of Health 

4 and Human Services, the Secretary of Veterans Af5 fairs, the Commissioner of Social Security, and the 

6 Postmaster General. 

7 ‘‘(3) CONTENTS.—The regulations issued under 

8 paragraph (1) shall include— 

9 ‘‘(A) any provisions necessary to imple10 ment this section; 

11 ‘‘(B) a process under which Postal Service 

12 annuitants and affected family members are 

13 timely informed of the enrollment requirements 

14 and may request, in writing, any additional en15 rollment information; 

16 ‘‘(C) provisions under which a Postal Serv17 ice employee or Postal Service annuitant en18 rolled under the Program may request a belated 

19 change of plan and may be prospectively en20 rolled in the plan of the employee’s or annu21 itant’s choice; and 

22 ‘‘(D) provisions for individuals to cancel 

23 coverage under the Program in writing to the 

24 Postal Service because the individuals choose 


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1 not to enroll in, or to disenroll from, Medicare 

2 part B. 

3 ‘‘(h) MEDICARE COORDINATION.— 

4 ‘‘(1) IN GENERAL.—The Office shall require 

5 each Program plan to provide benefits for covered 

6 Medicare individuals pursuant to a coordination of 

7 benefits method approved by the Office. 

8 ‘‘(2) MEDICARE PART D PRESCRIPTION DRUG

9 BENEFITS.—The Office shall require each Program 

10 plan to provide prescription drug benefits to any 

11 Postal Service annuitant and member of family of 

12 such annuitant who is a part D eligible individual 

13 (as defined in section 1860D–1(a)(3)(A) of the So14 cial Security Act) through employment-based retiree 

15 health coverage (as defined in section 1860D– 

16 22(c)(1) of such Act) through— 

17 ‘‘(A) a prescription drug plan (as defined 

18 in section 1860D–41(a)(14) of such Act); or 

19 ‘‘(B) contracts between such a Program 

20 plan and PDP sponsor, as defined in section 

21 1860D–41(a)(13) of such Act, of such a pre22 scription drug plan. 

23 ‘‘(i) POSTAL SERVICE CONTRIBUTION.— 

24 ‘‘(1) IN GENERAL.—Subject to subsection (k), 

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


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1 Postal Service, the weighted average shall be cal2 culated in accordance with paragraphs (2) and (3). 

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

4 later than October 1 of each year (beginning with 

5 2024), the Office shall determine the weighted aver6 age of the rates established pursuant to subsection 

7 (c)(2) for Program plans that will be in effect dur8 ing the following contract year with respect to— 

9 ‘‘(A) enrollments for self only; 

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

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

12 ‘‘(3) WEIGHTING IN COMPUTING RATES FOR

13 INITIAL CONTRACT YEAR.—In determining such 

14 weighted average of the rates for the initial contract 

15 year, the Office shall take into account (for purposes 

16 of section 8906(a)(2)) the enrollment of Postal Serv17 ice employees and annuitants in the health benefits 

18 plans offered by the initial participating carriers as 

19 of March 31, 2023. 

20 ‘‘(4) PAYMENT OF LATE ENROLLMENT PEN21 ALTIES.—The Postal Service may direct the Office 

22 to pay the amounts required by an agreement be23 tween the United States Postal Service and the Sec24 retary of the Department of Health and Human 

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1 curity Act (42 U.S.C. 1395r(e)(1)) from the Postal 

2 Service Retiree Health Benefits Fund established 

3 under section 8909a until depleted and thereafter 

4 shall pay such amounts from the Postal Service 

5 Fund established under section 2003 of title 39. 

6 ‘‘(j) RESERVES.— 

7 ‘‘(1) SEPARATE RESERVES.— 

8 ‘‘(A) IN GENERAL.—The Office shall en9 sure that each Program plan maintains sepa10 rate reserves (including a separate contingency 

11 reserve) with respect to the enrollees in the 

12 Program plan in accordance with section 8909. 

13 ‘‘(B) APPLICABILITY OF SECTION 8909 TO

14 CONTINGENCY RESERVES.—All provisions of 

15 section 8909 relating to contingency reserves 

16 shall apply to contingency reserves of Program 

17 plans in the same manner as to the contingency 

18 reserves of other plans under this chapter, ex19 cept to the extent that such provisions are in20 consistent with the requirements of this sub21 section. 

22 ‘‘(C) REFERENCES.—For purposes of the 

23 Program, each reference to ‘the Government’ in 

24 section 8909 shall be deemed to be a reference 

25 to the Postal Service. 


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1 ‘‘(D) AMOUNTS TO BE CREDITED.—The 

2 reserves (including the separate contingency re3 serve) maintained for each Program plan shall 

4 be credited with a proportionate amount of the 

5 funds in the reserves for health benefits plans 

6 offered by the carrier. 

7 ‘‘(2) DISCONTINUATION OF PROGRAM PLAN.— 

8 In applying section 8909(e) relating to a Program 

9 plan that is discontinued, the Office shall credit the 

10 separate Postal Service contingency reserve main11 tained under paragraph (1) for that plan only to the 

12 separate Postal Service contingency reserves of the 

13 Program plans continuing under this chapter. 

14 ‘‘(k) NO EFFECT ON EXISTING LAW.—Nothing in 

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

16 of title 39 regarding variations, additions, or substitutions 

17 to the provisions of this chapter. 

18 ‘‘(l) HEALTH BENEFITS EDUCATION PROGRAM.— 

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

20 ‘navigator’ means an employee of the Postal Service 

21 or of a contractor of the Postal Service who is des22 ignated by the Postal Service or contractor to carry 

23 out activities under paragraph (5). 

24 ‘‘(2) ESTABLISHMENT.—Not later than 18 

25 months after the date of enactment of this section, 


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1 the Postal Service shall establish a Health Benefits 

2 Education Program. 

3 ‘‘(3) REQUIREMENTS.—In carrying out the 

4 Health Benefits Education Program established 

5 under paragraph (2), the Postal Service shall— 

6 ‘‘(A) notify Postal Service annuitants and 

7 Postal Service employees about the Postal Serv8 ice Health Benefits Program established under 

9 subsection (c)(1); 

10 ‘‘(B) provide information regarding the 

11 Postal Service Health Benefits Program and 

12 the requirements of this section to Postal Serv13 ice annuitants and Postal Service employees, in14 cluding— 

15 ‘‘(i) a description of the health care 

16 options available under such Program; 

17 ‘‘(ii) the enrollment provisions of sub18 section (d); and 

19 ‘‘(iii) the requirement that Postal 

20 Service annuitants and their family mem21 bers be enrolled in Medicare under sub22 section (e); 

23 ‘‘(C) respond and provide answers to any 

24 inquiry from such employees and annuitants 

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1 gram, in consultation with the Office as nec2 essary; 

3 ‘‘(D) in consultation with the Centers for 

4 Medicare & Medicaid Services and the Social 

5 Security Administration, provide information to 

6 individuals about enrollment under the Medi7 care program under title XVIII of the Social 

8 Security Act, and refer individuals to the Cen9 ters for Medicare & Medicaid Services and the 

10 Social Security Administration as necessary for 

11 additional enrollment information; and 

12 ‘‘(E) carry out, or provide for through con13 tract or other arrangement, the activities de14 scribed in paragraph (5). 

15 ‘‘(4) INFORMATION.— 

16 ‘‘(A) INFORMATION FROM OPM.—The Of17 fice shall timely provide the Postal Service with 

18 such information as necessary to conduct the 

19 Health Benefits Education Program. 

20 ‘‘(B) COORDINATION WITH OPM.—The 

21 Postal Service shall coordinate with the Office, 

22 in consultation with the Centers for Medicare & 

23 Medicaid Services and the Social Security Ad24 ministration, to obtain and confirm the accu25 racy of information as the Postal Service deterVerDate Sep 11 2014 22:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.PCS2 H3076

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1 mines to be necessary to conduct the Health 

2 Benefits Education Program. 

3 ‘‘(5) NAVIGATOR ACTIVITIES.— 

4 ‘‘(A) ACTIVITIES.—The activities described 

5 in this paragraph, with respect to Program 

6 plans and the health care options available 

7 under the Program, are the following: 

8 ‘‘(i) Educational activities for annu9 itants and employees of the Postal Service 

10 to raise awareness of the availability of 

11 Program plans and requirements for en12 rolling in such plans, including require13 ments to be entitled to Medicare part A 

14 and enroll in Medicare part B. 

15 ‘‘(ii) Distribution of fair and impartial 

16 information concerning enrollment in such 

17 plans. 

18 ‘‘(iii) Facilitation of enrollment in 

19 such plans. 

20 ‘‘(iv) Provision of information in a 

21 manner that is culturally and linguistically 

22 appropriate to the needs of the population 

23 being served by the Program plans. 

24 ‘‘(B) STANDARDS.— 


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1 ‘‘(i) IN GENERAL.—The Postal Serv2 ice shall establish standards for navigators 

3 carrying out the activities under this para4 graph to— 

5 ‘‘(I) engage in the navigator ac6 tivities described in subparagraph (A); 

7 and 

8 ‘‘(II) avoid conflicts of interest. 

9 ‘‘(ii) CONTENTS.—The standards es10 tablished under clause (i) shall provide 

11 that a navigator may not— 

12 ‘‘(I) be a health insurance car13 rier; or 

14 ‘‘(II) receive any consideration 

15 directly or indirectly from any health 

16 insurance carrier in connection with 

17 the enrollment of any individual in a 

18 Program plan. 

19 ‘‘(C) FAIR AND IMPARTIAL INFORMATION

20 AND SERVICES.—The Postal Service, in con21 sultation as necessary with the Office and the 

22 Centers for Medicare & Medicaid Services, shall 

23 develop standards to ensure that information 

24 made available by navigators under this para25 graph is fair, accurate, and impartial. 


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1 ‘‘(6) REGULATIONS.— 

2 ‘‘(A) IN GENERAL.—Not later than 18 

3 months after the date of enactment of this sec4 tion, the Postmaster General shall issue regula5 tions to establish the Health Benefits Edu6 cation Program required under this subsection. 

7 ‘‘(B) CONTENTS.—The regulations issued 

8 under subparagraph (A) shall include— 

9 ‘‘(i) provisions for the notification of 

10 Postal Service annuitants and Postal Serv11 ice employees about the Program, includ12 ing a description of the available health 

13 benefits options, including a process for 

14 notifying Postal Service employees who be15 come eligible for Medicare part B and 

16 Postal Service Medicare covered annuitants 

17 about their choices; 

18 ‘‘(ii) provisions for notifying Postal 

19 Service annuitants, Postal Service employ20 ees, and their family members of the re21 quirements under subsection (e) to enroll 

22 in Medicare as a condition of eligibility to 

23 enroll in the Program; and 

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1 tion, the Centers for Medicare & Medicaid 

2 Services, and the Office, for addressing 

3 any inquiry from Postal Service annuitants 

4 and Postal Service employees about the 

5 Program or Medicare enrollment.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.— 

8 (A) SERVICE BENEFIT PLANS.—Section 

9 8903(1) of title 5, United States Code, is 

10 amended by striking ‘‘two levels of benefits’’ 

11 and inserting ‘‘at least 2 levels of benefits for 

12 enrollees under this chapter generally and at 

13 least 2 levels of benefits for enrollees under the 

14 Postal Service Health Benefits Program estab15 lished under section 8903c’’. 

16 (B) TABLE OF SECTIONS.—The table of 

17 sections for chapter 89 of title 5, United States 

18 Code, is amended by inserting after the item re19 lating to section 8903b the following: 

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

20 (C) APPLICATION TO CERTAIN POSTAL

21 SERVICE ANNUITANTS OR FAMILY MEMBERS.— 

22 Section 1862(b)(1)(E) of the Social Security 

23 Act (42 U.S.C. 1395y(b)(1)(E)) is amended by 

24 adding at the end the following: 


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1 ‘‘(iv) APPLICATION TO CERTAIN POST2 AL SERVICE ANNUITANTS OR FAMILY MEM3 BERS.—Nothing in this paragraph shall 

4 prohibit a group health plan from deter5 mining an individual’s eligibility to enroll 

6 in a health benefits plan offered under the 

7 Postal Service Health Benefits Program 

8 under section 8903c of title 5, United 

9 States Code, in accordance with subsection 

10 (e) of such section.’’. 

11 (b) COORDINATION WITH MEDICARE.— 

12 (1) PART B SPECIAL ENROLLMENT PERIOD.— 

13 Section 1837 of the Social Security Act (42 U.S.C. 

14 1395p) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(o)(1) In the case of an individual who— 

17 ‘‘(A) as of January 1, 2024, is— 

18 ‘‘(i) a Postal Service annuitant who is enti19 tled to benefits under part A of title XVIII of 

20 the Social Security Act, but excluding an indi21 vidual who is eligible to enroll under such part 

22 under section 1818 of such Act or 1818A of 

23 such Act (42 U.S.C. 1395i–2, 1395i–2a); or 

24 ‘‘(ii) a member of family (as defined in sec25 tion 8901(5) of title 5, United States Code) of 


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1 a Postal Service annuitant and is entitled to 

2 benefits under part A of title XVIII of the So3 cial Security Act, but excluding an individual 

4 who is eligible to enroll under such part under 

5 section 1818 of such Act or 1818A of such Act 

6 (42 U.S.C. 1395i–2, 1395i–2a); and 

7 ‘‘(B) is not enrolled under this part, the indi8 vidual may elect to be enrolled under this part dur9 ing a special enrollment period during the 6–month 

10 period beginning on April 1, 2024. 

11 ‘‘(2) In this subsection, the term ‘Postal Service an12 nuitant’ means an annuitant enrolled in a health benefits 

13 plan under chapter 89 of title 5, United States Code, 

14 whose Government contribution is required to be paid 

15 under section 8906(g)(2) of such title.’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.— 

18 (A) PART A ENROLLMENT.—Section 

19 1818(c) of the Social Security Act (42 U.S.C. 

20 1395i–2(c)) is amended, in the matter pre21 ceding paragraph (1), by striking ‘‘(except sub22 section (f) thereof)’’ and inserting ‘‘(except sub23 sections (f) and (o) thereof)’’. 

24 (B) COVERAGE PERIOD UNDER PART B.— 

25 Section 1838 of the Social Security Act (42 


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1 U.S.C. 1395q) is amended by adding at the end 

2 the following: 

3 ‘‘(i) Notwithstanding subsection (a), in the case of 

4 an individual who enrolls during the special enrollment pe5 riod pursuant to section 1837(o), the coverage period shall 

6 begin on January 1, 2025.’’. 

7 (3) TREATMENT OF PART B LATE ENROLLMENT

8 PENALTY FOR INDIVIDUALS ENROLLING DURING

9 SPECIAL ENROLLMENT PERIOD.—Section 1839(e) of 

10 the Social Security Act (42 U.S.C. 1395r(e)) is 

11 amended— 

12 (A) in paragraph (1), by striking ‘‘(as de13 fined in paragraph (3)(A))’’ and by inserting 

14 ‘‘(as defined in paragraph (3)(A)(i)). The Sec15 retary shall enter into an agreement with the 

16 United States Postal Service under which the 

17 United States Postal Service agrees to pay on 

18 a quarterly or other periodic basis to the Sec19 retary (to be deposited in the Treasury to the 

20 credit of the Federal Supplementary Medical 

21 Insurance Trust Fund) an amount equal to the 

22 amount of the part B late enrollment premium 

23 increases with respect to the premiums for eligi24 ble individuals (as defined in paragraph 

25 (3)(A)(ii)).’’; and 


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1 (B) by amending paragraph (3)(A) to read 

2 as follows: 

3 ‘‘(A) The term ‘eligible individual’ means 

4 an individual who is enrolled under this part B 

5 and who— 

6 ‘‘(i) in the case of an agreement en7 tered into under the first sentence of para8 graph (1), is within a class of individuals 

9 specified in such agreement; and 

10 ‘‘(ii) in the case of an agreement en11 tered into under the second sentence of 

12 paragraph (1), is so enrolled under this 

13 part pursuant to the special enrollment pe14 riod under section 1837(o)’’. 

15 (4) PART D EGWP CONTRACTING CONFORMING

16 AMENDMENT.—Section 1860D–22(b) of the Social 

17 Security Act (42 U.S.C. 1395w–132(b)) is amended 

18 by inserting before the period at the end the fol19 lowing: ‘‘, and shall be applied in a manner to facili20 tate the offering of prescription drug benefits under 

21 a Program plan under section 8903c of title 5, 

22 United States Code, as required under subsection 

23 (h)(2) of such section, through employment-based 

24 retiree health coverage through— 

25 ‘‘(1) a prescription drug plan; or 


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1 ‘‘(2) contracts between such a Program plan 

2 and the PDP sponsor of such a prescription drug 

3 plan.’’. 

4 (c) INFORMATION SHARING AND DISSEMINATION RE5 QUIRED FOR SPECIAL ENROLLMENT PERIOD AND EN6 FORCEMENT OF PART B ENROLLMENT REQUIRE7 MENTS.— 

8 (1) DEFINITIONS.—In this subsection, the 

9 terms ‘‘Medicare part A’’, ‘‘Medicare part B’’, ‘‘Of10 fice’’, ‘‘Postal Service’’, and ‘‘Postal Service annu11 itant’’ have the meanings given those terms in sec12 tion 8903c of title 5, United States Code, as added 

13 by subsection (a). 

14 (2) INFORMATION SHARING BY OPM.—The Of15 fice shall, by regulation, establish a process for pro16 viding such information as is necessary to the Social 

17 Security Administration regarding Postal Service an18 nuitants (and the family members of such annu19 itants) who may be eligible to enroll under Medicare 

20 part B during the special enrollment period de21 scribed in subsection (o) of section 1837 of the So22 cial Security Act (42 U.S.C. 1395p), as added by 

23 subsection (b), or who may be subject to the enroll24 ment requirements described in paragraphs (1) and 


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1 (2) of section 8903c(e) of title 5, United States 

2 Code, as added by subsection (a). 

3 (3) INFORMATION SHARING BY SSA.—The So4 cial Security Administration shall provide to the Of5 fice and the Postal Service information regarding 

6 whether a Postal Service annuitant, or a family 

7 member of such an annuitant, is entitled to benefits 

8 under Medicare part A and enrolled under Medicare 

9 part B, to assist the Office and the Postal Service 

10 in determining— 

11 (A) which Postal Service annuitants, and 

12 family members of such annuitants, may be eli13 gible to enroll under Medicare part B during 

14 the special enrollment period described in para15 graph (2); and 

16 (B) whether Postal Service annuitants, and 

17 family members of such annuitants, satisfy the 

18 enrollment requirements described in para19 graphs (1) and (2) of section 8903c(e) of title 

20 5, United States Code, as added by subsection 

21 (a). 

22 (d) FUNDING.— 

23 (1) CMS APPROPRIATION.—In addition to 

24 amounts otherwise available, there is appropriated to 

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1 gram Management Account, for fiscal year 2022, 

2 out of any money in the Treasury not otherwise ap3 propriated, $7,500,000, to remain available until ex4 pended, for the purposes of carrying out this section, 

5 including the amendments made by this section. 

6 (2) SSA APPROPRIATION.—In addition to 

7 amounts otherwise available, there is appropriated to 

8 the Social Security Administration for fiscal year 

9 2022, out of any money in the Treasury not other10 wise appropriated, $16,000,000, to remain available 

11 until expended, for the purposes of carrying out this 

12 section (with the exception of the purposes set forth 

13 in subsection (c)(3)(B)), including the amendments 

14 made by this section. 

15 (3) OPM APPROPRIATION.—In addition to 

16 amounts otherwise available, there is appropriated to 

17 the Office of Personnel Management for fiscal year 

18 2022, out of any money in the Treasury not other19 wise appropriated, $70,500,000, to remain available 

20 until expended, for the purposes of carrying out this 

21 section, including the amendments made by this sec22 tion. 

23 (4) FUNDS CREDITED BY POSTAL SERVICE.— 

24 The United States Postal Service shall deposit an 

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1 priated under paragraphs (1), (2), and (3) into the 

2 Treasury as a miscellaneous receipt from the Postal 

3 Service Fund in fiscal year 2022. 

4 (5) REIMBURSEMENT FOR PERIODIC SSA DATA

5 SHARING.— 

6 (A) INTER-AGENCY AGREEMENT.—The 

7 Commissioner of Social Security shall enter into 

8 an agreement with the Director of the Office 

9 under which the Director pays the Commis10 sioner from the Postal Service administrative 

11 reserve the full costs (including systems and ad12 ministrative costs) of providing the information 

13 described in subsection (c)(3) for the purpose 

14 set forth in subsection (c)(3)(B). 

15 (B) REPORT TO CONGRESS.—The Director 

16 of the Office— 

17 (i) shall report the amount paid under 

18 subparagraph (A) annually to the Com19 mittee on Homeland Security and Govern20 mental Affairs of the Senate and the Com21 mittee on Oversight and Reform of the 

22 House of Representatives; and 

23 (ii) may satisfy the requirement under 

24 clause (i) by including the amount paid 


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1 under subparagraph (A) in any other an2 nual report submitted to Congress. 

3 SEC. 102. USPS FAIRNESS ACT. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘USPS Fairness Act’’. 

6 (b) RATIONAL BENEFITS FUNDING AND ACCOUNT7 ING.— 

8 (1) IN GENERAL.—Section 8909a of title 5, 

9 United States Code, is amended by striking sub10 section (d) and inserting the following: 

11 ‘‘(d)(1) Not later than June 30, 2026, and by June 

12 30 of each succeeding year, the Office shall compute, for 

13 the most recently concluded fiscal year, the amount (if 

14 any) that Government contributions required to be paid 

15 from the Fund under section 8906(g)(2)(A) exceeded the 

16 estimated net claims costs under the enrollment of the in17 dividuals described in section 8906(g)(2)(A). 

18 ‘‘(2) Not later than September 30 of each year in 

19 which the Office makes a computation under paragraph 

20 (1), the United States Postal Service shall pay into the 

21 Fund the amount (if any) of the excess computed under 

22 such paragraph. 

23 ‘‘(e) Any computation required under section 3654(b) 

24 of title 39 shall be based on— 


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1 ‘‘(1) the net present value of the future net 

2 claims costs with respect to— 

3 ‘‘(A) current annuitants of the United 

4 States Postal Service as of the end of the fiscal 

5 year ending on September 30 of the relevant re6 porting year; and 

7 ‘‘(B) current employees of the United 

8 States Postal Service who would, as of Sep9 tember 30 of that year— 

10 ‘‘(i) be eligible to become annuitants 

11 pursuant to section 8901(3)(A)(i) or (ii); 

12 and 

13 ‘‘(ii) if they were retired as of that 

14 date, meet the criteria for coverage of an15 nuitants under section 8905(b); 

16 ‘‘(2) economic and actuarial methods and as17 sumptions consistent with the methods and assump18 tions used in determining the Postal surplus or sup19 plemental liability under section 8348(h); and 

20 ‘‘(3) any other methods and assumptions, in21 cluding a health care cost trend rate, that the Direc22 tor of the Office determines to be appropriate. 

23 ‘‘(f) After consultation with the United States Postal 

24 Service, the Office shall promulgate any regulations the 

25 Office determines necessary under this subsection. 


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1 ‘‘(g) For purposes of this section, the term ‘estimated 

2 net claims costs’ shall mean the difference between— 

3 ‘‘(1) the sum of— 

4 ‘‘(A) the estimated costs incurred by a car5 rier in providing health services to, paying for 

6 health services provided to, or reimbursing ex7 penses for health services provided to, annu8 itants of the United States Postal Service and 

9 any other persons covered under the enrollment 

10 of such annuitants; and 

11 ‘‘(B) an amount of indirect expenses rea12 sonably allocable to the provision, payment, or 

13 reimbursement described in subparagraph (A), 

14 as determined by the Office; and 

15 ‘‘(2) the amount withheld from the annuity of 

16 or paid by annuitants of the United States Postal 

17 Service under section 8906.’’. 

18 (2) CLERICAL AMENDMENT.—The heading of 

19 section 8909a of title 5, United States Code, is 

20 amended by striking ‘‘Benefit’’ and inserting 

21 ‘‘Benefits’’. 

22 (c) APPLICATION.— 

23 (1) CANCELLATION OF PAYMENTS.—Any pay24 ment required from the Postal Service under section 

25 8909a of title 5, United States Code, as in effect on 


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1 the day before the date of enactment of this Act that 

2 remains unpaid as of such date of enactment is can3 celed. 

4 (2) EFFECT OF THIS ACT.—In any determina5 tion relating to the future liability for retiree health 

6 benefits of the United States Postal Service or the 

7 Postal Service Retiree Health Benefits Fund, the 

8 Office of Personnel Management shall take into ac9 count the actual and reasonably expected effects of 

10 this Act. 

11 (d) USE OF FUNDS FROM SALE OF REAL PROPERTY

12 FOR CERTAIN PAYMENTS.— 

13 (1) IN GENERAL.—Chapter 29 of title 39, 

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 2903. Use of funds from sale of property 

17 ‘‘In the event that the Postal Service permanently 

18 ceases operations, any funds derived from the sale of any 

19 real property owned by the Postal Service shall be used 

20 to pay any outstanding liability with respect to the salaries 

21 and expenses of any Postal Service employee. The balance 

22 of any remaining funds shall be deposited into the Postal 

23 Service Retiree Health Benefits Fund established under 

24 section 8909a of title 5.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions of such chapter is amended by adding after the 

3 item relating to section 2902 the following new item: 

‘‘2903. Use of funds from sale of property.’’. 

4 SEC. 103. NONPOSTAL SERVICES. 

5 (a) NONPOSTAL SERVICES.— 

6 (1) IN GENERAL.—Part IV of title 39, United 

7 States Code, is amended by adding after chapter 36 

8 the following: 

9 ‘‘CHAPTER 37—NONPOSTAL SERVICES 

‘‘Sec. 

‘‘3701. Purpose. 

‘‘3702. Definitions. 

‘‘3703. Postal Service program for State governments. 

‘‘3704. Postal Service program for other Government agencies. 

‘‘3705. Transparency and accountability for nonpostal services. 

10 ‘‘§ 3701. Purpose 

11 ‘‘The purpose of this chapter is to enable the Postal 

12 Service to increase its net revenues through specific non13 postal products and services that are expressly authorized 

14 by this chapter. 

15 ‘‘§ 3702. Definitions 

16 ‘‘In this chapter— 

17 ‘‘(1) the term ‘nonpostal services’ is limited to 

18 services offered by the Postal Service that are ex19 pressly authorized by this chapter and are not postal 

20 products or services; 


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1 ‘‘(2) the term ‘costs attributable’ has the mean2 ing given such term in section 3631; 

3 ‘‘(3) the term ‘year’ means a fiscal year; 

4 ‘‘(4) the term ‘local government’ means a coun5 ty, municipality, city, town, township, local public 

6 authority, school district, special district, intrastate 

7 district, council of governments, or regional or inter8 state government entity; 

9 ‘‘(5) the term ‘State government’ includes the 

10 government of the District of Columbia, the Com11 monwealth of Puerto Rico, the United States Virgin 

12 Islands, Guam, American Samoa, the Common13 wealth of the Northern Mariana Islands, and any 

14 other territory or possession of the United States; 

15 ‘‘(6) the term ‘tribal government’ means the 

16 government of an Indian tribe, as that term is de17 fined in section 4 of the Indian Self-Determination 

18 and Education Assistance Act (25 U.S.C. 5304); 

19 and 

20 ‘‘(7) the term ‘United States’, when used in a 

21 geographical sense, means the States, the District of 

22 Columbia, the Commonwealth of Puerto Rico, the 

23 United States Virgin Islands, Guam, American 

24 Samoa, the Commonwealth of the Northern Mariana 


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1 Islands, and any other territory or possession of the 

2 United States. 

3 ‘‘§ 3703. Postal Service program for State govern4 ments 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of this title, the Postal Service may establish a pro7 gram to enter into agreements with an agency of any State 

8 government, local government, or tribal government to 

9 provide property or nonpostal services to the public on be10 half of such agencies for non-commercial purposes, but 

11 only if— 

12 ‘‘(1) such property or nonpostal services— 

13 ‘‘(A) provide enhanced value to the public, 

14 such as by lowering the cost or raising the qual15 ity of such services or by making such services 

16 more accessible; 

17 ‘‘(B) do not interfere with or detract from 

18 the value of postal services, including by— 

19 ‘‘(i) harming the cost and efficiency of 

20 postal services; and 

21 ‘‘(ii) unreasonably restricting access 

22 to postal retail service, such as customer 

23 waiting time and access to parking; and 

24 ‘‘(2) such agreements provide a net contribution 

25 to the Postal Service, defined as reimbursement that 


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1 covers at least 100 percent of the costs attributable 

2 to all property and nonpostal services provided under 

3 each relevant agreement in each year, except that 

4 agreements determined to be substantially similar by 

5 the Postal Service with the concurrence of the Postal 

6 Regulatory Commission shall be reviewed based on 

7 their collective revenue and costs attributable. 

8 ‘‘(b) PUBLIC NOTICE.—Not more than 90 days after 

9 offering a service under the program, the Postal Service 

10 shall make available to the public on its website— 

11 ‘‘(1) the agreement with the agency regarding 

12 such service; and 

13 ‘‘(2) a business plan that describes the specific 

14 property or nonpostal service to be provided, the en15 hanced value to the public, and terms of reimburse16 ment to the Postal Service. 

17 ‘‘(c) APPROVAL REQUIRED.—The Postal Service may 

18 not establish the program under subsection (a) unless the 

19 Governors of the Postal Service approve such program by 

20 a recorded vote that is publicly disclosed on the Postal 

21 Service website with a majority of the Governors then in 

22 office voting for approval. 

23 ‘‘(d) CONFIDENTIAL INFORMATION.—Subsection (b) 

24 shall not be construed as requiring the Postal Service to 

25 disclose to the public any information— 


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1 ‘‘(1) described in section 410(c); or 

2 ‘‘(2) exempt from public disclosure under sec3 tion 552(b) of title 5. 

4 ‘‘§ 3704. Postal Service program for other Govern5 ment agencies 

6 ‘‘The Postal Service may establish a program to pro7 vide property and nonpostal services to other Government 

8 agencies within the meaning of section 411, but only if 

9 such program provides a net contribution to the Postal 

10 Service, defined as reimbursement that covers at least 100 

11 percent of the costs attributable for property and non12 postal services provided by the Postal Service in each year 

13 to such agencies. 

14 ‘‘§ 3705. Transparency and accountability for non15 postal services 

16 ‘‘(a) ANNUAL REPORT TO THE COMMISSION.— 

17 ‘‘(1) IN GENERAL.—Not later than 90 days 

18 after the last day of each year, the Postal Service 

19 shall submit to the Postal Regulatory Commission a 

20 report that analyzes costs, revenues, rates, and qual21 ity of service for each agreement or substantially 

22 similar set of agreements for the provision of prop23 erty or nonpostal services under section 3703 or the 

24 program as a whole under section 3704, and any 

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1 ter, using such methodologies as the Commission 

2 may prescribe, and in sufficient detail to dem3 onstrate compliance with the requirements of this 

4 chapter. 

5 ‘‘(2) SUPPORTING MATTER.—A report sub6 mitted under paragraph (1) shall include any non7 public annex, the working papers, and any other 

8 supporting matter of the Postal Service and the In9 spector General related to the information submitted 

10 in such report. 

11 ‘‘(b) CONTENT AND FORM OF REPORT.— 

12 ‘‘(1) IN GENERAL.—The Postal Regulatory 

13 Commission shall, by regulation, prescribe the con14 tent and form of the report required under sub15 section (a). In prescribing such regulations, the 

16 Commission shall give due consideration to— 

17 ‘‘(A) providing the public with timely, ade18 quate information to assess compliance; 

19 ‘‘(B) avoiding unnecessary or unwarranted 

20 administrative effort and expense on the part of 

21 the Postal Service; and 

22 ‘‘(C) protecting the confidentiality of infor23 mation that is commercially sensitive or is ex24 empt from public disclosure under section 

25 552(b) of title 5. 


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1 ‘‘(2) REVISED REQUIREMENTS.—The Commis2 sion may, on its own motion or on request of any 

3 interested party, initiate proceedings to improve the 

4 quality, accuracy, or completeness of Postal Service 

5 data required by the Commission if— 

6 ‘‘(A) the attribution of costs or revenues to 

7 property, products, or services under this chap8 ter has become significantly inaccurate or can 

9 be significantly improved; 

10 ‘‘(B) the quality of service data provided to 

11 the Commission for a report under this chapter 

12 has become significantly inaccurate or can be 

13 significantly improved; or 

14 ‘‘(C) such revisions are, in the judgment of 

15 the Commission, otherwise necessitated by the 

16 public interest. 

17 ‘‘(c) AUDITS.—The Inspector General shall regularly 

18 audit the data collection systems and procedures used in 

19 collecting information and preparing the report required 

20 under subsection (a). The results of any such audit shall 

21 be submitted to the Postal Service and the Postal Regu22 latory Commission. 

23 ‘‘(d) CONFIDENTIAL INFORMATION.— 

24 ‘‘(1) IN GENERAL.—If the Postal Service deter25 mines that any document or portion of a document, 


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1 or other matter, which it provides to the Postal Reg2 ulatory Commission in a nonpublic annex under this 

3 section contains information described in section 

4 410(c), or exempt from public disclosure under sec5 tion 552(b) of title 5, the Postal Service shall, at the 

6 time of providing such matter to the Commission, 

7 notify the Commission of its determination, in writ8 ing, and describe with particularity the documents 

9 (or portions of documents) or other matter for which 

10 confidentiality is sought and the reasons therefor. 

11 ‘‘(2) TREATMENT.—Any information or other 

12 matter described in paragraph (1) to which the 

13 Commission gains access under this section shall be 

14 subject to paragraphs (2) and (3) of section 504(g) 

15 in the same way as if the Commission had received 

16 notification with respect to such matter under sec17 tion 504(g)(1). 

18 ‘‘(e) ANNUAL COMPLIANCE DETERMINATION.— 

19 ‘‘(1) OPPORTUNITY FOR PUBLIC COMMENT.— 

20 Upon receiving a report required under subsection 

21 (a), the Postal Regulatory Commission shall prompt22 ly— 

23 ‘‘(A) provide an opportunity for comment 

24 on such report by any interested party; and 


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1 ‘‘(B) appoint an officer of the Commission 

2 to represent the interests of the general public. 

3 ‘‘(2) DETERMINATION OF COMPLIANCE OR NON4 COMPLIANCE.—Not later than 90 days after receiv5 ing a report required under subsection (a), the Post6 al Regulatory Commission shall make a written de7 termination as to whether the activities carried out 

8 pursuant to this chapter during the applicable year 

9 were or were not in compliance with the provisions 

10 of this chapter. For purposes of this paragraph, any 

11 case in which the requirements for coverage of costs 

12 attributable have not been met shall be considered to 

13 be a case of noncompliance. If, with respect to a 

14 year, no instance of noncompliance is found to have 

15 occurred, the determination shall be to that effect. 

16 Such determination of noncompliance shall be in17 cluded with the annual compliance determination re18 quired under section 3653. 

19 ‘‘(3) NONCOMPLIANCE.—If a timely written de20 termination of noncompliance is made under para21 graph (2), the Postal Regulatory Commission shall 

22 take appropriate action. If the requirements for cov23 erage of costs attributable specified by this chapter 

24 are not met, the Commission shall, within 60 days 

25 after the determination, prescribe remedial action to 


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1 restore compliance as soon as practicable, including 

2 the full restoration of revenue shortfalls during the 

3 following year. The Commission may order the Post4 al Service to discontinue a nonpostal service under 

5 section 3703 that persistently fails to meet cost cov6 erage requirements. 

7 ‘‘(4) DELIBERATE NONCOMPLIANCE.—In the 

8 case of deliberate noncompliance by the Postal Serv9 ice with the requirements of this chapter, the Postal 

10 Regulatory Commission may order, based on the na11 ture, circumstances, extent, and seriousness of the 

12 noncompliance, a fine (in the amount specified by 

13 the Commission in its order) for each incidence of 

14 such noncompliance. All receipts from fines imposed 

15 under this subsection shall be deposited in the gen16 eral fund of the Treasury. 

17 ‘‘(f) REGULATIONS REQUIRED.—The Postal Regu18 latory Commission shall issue such regulations as are nec19 essary to carry out this section. 

20 ‘‘(g) EXPERIMENTAL PRODUCT AUTHORITY.—The 

21 Postal Service may conduct market tests of agreements 

22 pursuant to section 3703 and section 3704 of this chapter 

23 subject to the same terms and conditions described in sec24 tion 3641 of this title. For the purposes of a market test, 


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1 the cost coverage requirements in sections 3703 and 3704 

2 of this chapter shall not apply.’’. 

3 (2) CLERICAL AMENDMENT.—The table of 

4 chapters for part IV of title 39, United States Code, 

5 is amended by adding after the item relating to 

6 chapter 36 the following: 

‘‘37. Nonpostal services ................................................................... 3701’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) SECTION 404.—Section 404(e) of title 39, 

9 United States Code, is amended in paragraph (2), 

10 by inserting after ‘‘subsection’’ the following: ‘‘, or 

11 any nonpostal products or services authorized by 

12 chapter 37’’. 

13 (2) SECTION 411.—The last sentence of section 

14 411 of title 39, United States Code, is amended by 

15 striking ‘‘including reimbursability’’ and inserting 

16 ‘‘including reimbursability within the limitations of 

17 chapter 37’’. 

18 (3) TREATMENT OF EXISTING NONPOSTAL

19 SERVICES.—All individual nonpostal services, pro20 vided directly or through licensing, that are contin21 ued pursuant to section 404(e) of title 39, United 

22 States Code, shall be considered to be expressly au23 thorized by chapter 37 of such title (as added by 

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1 quirements of section 3705, subsections (a) through 

2 (d). 

3 TITLE II—POSTAL SERVICE 

4 OPERATIONAL REFORMS 

5 SEC. 201. PERFORMANCE TARGETS AND TRANSPARENCY. 

6 (a) IN GENERAL.—Subchapter VII of chapter 36 of 

7 title 39, United States Code, is amended by inserting after 

8 section 3691 the following: 

9 ‘‘§ 3692. Performance targets and transparency 

10 ‘‘(a) PERFORMANCE TARGETS.—Each year, to en11 sure that mail service for postal customers meets the serv12 ice standards for market-dominant products, established 

13 under section 3691, the Postal Service shall— 

14 ‘‘(1) not later than 60 days after the beginning 

15 of the fiscal year in which they will apply, establish 

16 and provide to the Postal Regulatory Commission 

17 reasonable targets for performance for each product; 

18 and 

19 ‘‘(2) provide the previous fiscal year’s perform20 ance targets in its Annual Compliance Report to the 

21 Postal Regulatory Commission for evaluation of 

22 compliance for each product. 

23 ‘‘(b) POSTAL REGULATORY COMMISSION DETER24 MINATION OF CERTAIN PERFORMANCE INFORMATION.— 

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1 ance targets under subsection (a)(1), the Postal Regu2 latory Commission shall provide to the Postal Service— 

3 ‘‘(1) requirements for the Postal Service to 

4 publish nationwide, regional, and local delivery area 

5 performance information in accordance with sub6 section (c)(2) that— 

7 ‘‘(A) are consistent with the organizational 

8 structure of the delivery network of the Postal 

9 Service (including at the District and Area or10 ganizational levels, or the functional equiva11 lents, and, to the extent practicable, at the U.S. 

12 ZIP Code Area level); 

13 ‘‘(B) reflect the most granular geographic 

14 level of performance information appropriate 

15 for the Postal Service to publish; and 

16 ‘‘(C) includes time period segments for the 

17 published geographic levels to satisfy the pub18 lishing requirements of subparagraphs (A) and 

19 (C) of subsection (c)(2); and 

20 ‘‘(2) recommendations for any modifications to 

21 the Postal Service’s measurement systems necessary 

22 to measure and publish the performance information 

23 under subsection (c)(2) that the Postal Regulatory 

24 Commission deems relevant. 

25 ‘‘(c) PUBLIC PERFORMANCE DASHBOARD.— 


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1 ‘‘(1) IN GENERAL.—The Postal Service shall 

2 develop and maintain a publicly available Website 

3 with an interactive web-tool that provides perform4 ance information for market-dominant products that 

5 is updated on a weekly basis. 

6 ‘‘(2) PERFORMANCE INFORMATION.—The per7 formance information provided for a market-domi8 nant product on the Website shall include— 

9 ‘‘(A) the type of market-dominant product; 

10 ‘‘(B) performance information for different 

11 geographic areas, consistent with subsection 

12 (b); 

13 ‘‘(C) performance information for different 

14 time periods, including annual, quarterly, 

15 monthly, and weekly segments; 

16 ‘‘(D) comparisons of performance informa17 tion for market-dominant products to perform18 ance information for previous time periods to 

19 facilitate identification of performance trends; 

20 and 

21 ‘‘(E) the performance targets then in ef22 fect, and the performance targets for the pre23 vious fiscal year, as established under sub24 section (a)(1). 


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1 ‘‘(3) COMPREHENSIBILITY.—The Website shall 

2 include plain language descriptions of the elements 

3 required under paragraph (2) and information on 

4 the collection process, measurement methodology, 

5 completeness, accuracy, and validity of the perform6 ance information provided on the Website. 

7 ‘‘(4) ADDRESS SEARCH FUNCTIONALITY.—The 

8 Website shall include functionality to enable a user 

9 to search for performance information by street ad10 dress, ZIP Code, or post office box. 

11 ‘‘(5) FORMAT.—The Postal Service shall make 

12 the performance information provided on the 

13 Website available— 

14 ‘‘(A) in a manner that— 

15 ‘‘(i) presents the information required 

16 under paragraph (2) on an interactive 

17 dashboard; 

18 ‘‘(ii) is searchable and may be sorted 

19 and filtered by the elements described in 

20 paragraph (2); and 

21 ‘‘(iii) to the extent practicable, enables 

22 any person or entity to download in bulk— 

23 ‘‘(I) such performance informa24 tion; and 


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1 ‘‘(II) the results of a search by 

2 the elements described in paragraph 

3 (2); 

4 ‘‘(B) under an ‘open license’ which has the 

5 meaning given that term in section 3502 of title 

6 44; and 

7 ‘‘(C) as an ‘open Government data asset’ 

8 and in a ‘machine-readable’ format which have 

9 the meaning given those terms in section 3502 

10 of title 44. 

11 ‘‘(6) CONSULTATION.—The Postal Service shall 

12 regularly consult with the Postal Regulatory Com13 mission on appropriate features and information to 

14 be included on the Website. 

15 ‘‘(7) PUBLIC INPUT.—The Postal Service 

16 shall— 

17 ‘‘(A) solicit public input on the design and 

18 implementation of the Website; and 

19 ‘‘(B) maintain a public feedback tool to en20 sure each feature of, and the information on, 

21 the Website is usable and understandable. 

22 ‘‘(8) DEADLINE.—The Postal Service shall im23 plement and make available to the public (and make 

24 any subsequent changes in accordance with sub25 section (b)) the Website not later than 60 days from 


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1 the date on which the Postal Service receives the re2 quirements and recommendations from the Postal 

3 Regulatory Commission under subsection (b), and 

4 shall continuously update such information on the 

5 Website as required by subsection (b). 

6 ‘‘(9) AVAILABILITY.—A link and plain language 

7 description of the Website shall be made available on 

8 any webpage where performance targets and meas9 urements established under subsection (a)(1) are 

10 made available to the public. 

11 ‘‘(10) REPORTING.—The Postal Service, the 

12 Postmaster General, or the Board, as applicable, 

13 shall reference the dashboard described in paragraph 

14 (5)(A)(i) in the Annual Performance Plan under sec15 tion 2803, the Annual Performance Report under 

16 section 2804, and the Annual Report under section 

17 2402. 

18 ‘‘(11) DEFINITIONS.—In this subsection— 

19 ‘‘(A) PERFORMANCE INFORMATION.—The 

20 term ‘performance information’ means the ob21 jective external performance measurements es22 tablished under section 3691(b)(1)(D). 

23 ‘‘(B) WEBSITE.—The term ‘Website’ 

24 means the website described in paragraph (1).’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for chapter 36 of title 39, United 

3 States Code, is amended by inserting after the item relat4 ing to section 3691 the following: 

‘‘3692. Performance targets and transparency.’’. 

5 SEC. 202. INTEGRATED DELIVERY NETWORK. 

6 (a) IN GENERAL.—Section 101(b) of title 39, United 

7 States Code, is amended by inserting before ‘‘The Postal 

8 Service’’ the following: ‘‘The Postal Service shall maintain 

9 an integrated network for the delivery of market-dominant 

10 and competitive products (as defined in chapter 36 of this 

11 title). Delivery shall occur at least six days a week, except 

12 during weeks that include a Federal holiday, in emergency 

13 situations, such as natural disasters, or in geographic 

14 areas where the Postal Service has established a policy of 

15 delivering mail fewer than six days a week as of the date 

16 of enactment of the Postal Service Reform Act of 2022.’’. 

17 (b) RULE OF CONSTRUCTION.—Nothing in sub18 section (a) or the amendment made by such subsection 

19 is intended to alter or amend the requirements of chapters 

20 20 or 36 of title 39, United States Code, and related im21 plementing regulations, including provisions relating to 

22 costing, accounting, or rates. 


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1 SEC. 203. REVIEW OF POSTAL SERVICE COST ATTRIBUTION 

2 GUIDELINES. 

3 Not later than the date that is one year after the 

4 date of the enactment of this Act, the Postal Regulatory 

5 Commission shall initiate a review of the regulations 

6 issued pursuant to sections 3633(a) and 3652(a)(1) of 

7 title 39, United States Code, to determine whether revi8 sions are appropriate to ensure that all direct and indirect 

9 costs attributable to competitive and market-dominant 

10 products are properly attributed to those products, includ11 ing by considering the underlying methodologies in deter12 mining cost attribution and considering options to revise 

13 such methodologies. If the Commission determines, after 

14 notice and opportunity for public comment, that revisions 

15 are appropriate, the Commission shall make modifications 

16 or adopt alternative methodologies as necessary. 

17 SEC. 204. RURAL NEWSPAPER SUSTAINABILITY. 

18 Section 3626(h) of title 39, United States Code, is 

19 amended by striking ‘‘10 percent’’ and inserting ‘‘50 per20 cent’’. 

21 SEC. 205. FUNDING OF POSTAL REGULATORY COMMISSION. 

22 (a) IN GENERAL.—Subsection (d) of section 504 of 

23 title 39, United States Code, is amended to read as fol24 lows: 

25 ‘‘(d)(1) Not later than September 1 of each fiscal 

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1 latory Commission shall submit to the Postal Service a 

2 budget of the Commission’s expenses, including expenses 

3 for facilities, supplies, compensation, and employee bene4 fits, for the following fiscal year. Any such budget shall 

5 be deemed approved as submitted if the Governors fail to 

6 adjust the budget in accordance with paragraph (2). 

7 ‘‘(2)(A) Not later than 30 days after receiving a 

8 budget under paragraph (1), the Governors holding office, 

9 by unanimous written decision, may adjust the total 

10 amount of funding requested in such budget. Nothing in 

11 this subparagraph may be construed to authorize the Gov12 ernors to adjust any activity proposed to be funded by the 

13 budget. 

14 ‘‘(B) If the Governors adjust the budget under sub15 paragraph (A), the Postal Regulatory Commission shall 

16 adjust the suballocations within such budget to reflect the 

17 total adjustment made by the Governors. The budget shall 

18 be deemed approved on the date the Commission makes 

19 any such adjustments. The Commission may make further 

20 adjustments to the suballocations within such budget as 

21 necessary. 

22 ‘‘(3) Expenses incurred under any budget approved 

23 under this subsection shall be paid out of the Postal Serv24 ice Fund established under section 2003.’’. 


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1 (b) CONFORMING AMENDMENTS.—Title 39, United 

2 States Code, is amended— 

3 (1) in section 2003(e), by striking ‘‘(B) all ex4 penses of the Postal Regulatory Commission, subject 

5 to the availability of amounts appropriated under 

6 section 504(d);’’ and inserting ‘‘(B) all expenses of 

7 the Postal Regulatory Commission, pursuant to sec8 tion 504(d);’’; and 

9 (2) in section 2009— 

10 (A) by striking ‘‘, (2)’’ and inserting ‘‘, 

11 and (2)’’; and 

12 (B) by striking ‘‘, and (3) the Postal Regu13 latory Commission requests to be appropriated, 

14 out of the Postal Service Fund, under section 

15 504(d) of this title’’. 

16 SEC. 206. FLATS OPERATIONS STUDY AND REFORM. 

17 (a) FLATS OPERATIONS STUDY.— 

18 (1) IN GENERAL.—The Postal Regulatory Com19 mission, in consultation with the Inspector General 

20 of the United States Postal Service, shall conduct a 

21 study to— 

22 (A) comprehensively identify the causes of 

23 inefficiencies in the collection, sorting, transpor24 tation, and delivery of Flats; and 


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1 (B) quantify the effects of the volume 

2 trends, investments decisions, excess capacity, 

3 and operational inefficiencies of the Postal 

4 Service on the direct and indirect costs of the 

5 Postal Service that are attributable to Flats. 

6 (2) POSTAL SERVICE ASSISTANCE.—For the 

7 purposes of carrying out the study under paragraph 

8 (1), the Postal Service shall, upon request by the 

9 Postal Regulatory Commission, consult with the 

10 Postal Regulatory Commission and provide— 

11 (A) access to Postal Service facilities to 

12 personnel of the Postal Regulatory Commission; 

13 and 

14 (B) information and records necessary to 

15 conduct such study. 

16 (3) REPORT.—Not later than one year after the 

17 date of the enactment of this Act, the Postal Regu18 latory Commission shall submit to Congress and the 

19 Postmaster General a report on the findings of the 

20 study conducted under paragraph (1). 

21 (4) FLATS DEFINED.—In this subsection, the 

22 term ‘‘Flats’’ means products that meet the physical 

23 standards described in the Domestic Mail Manual 

24 (as in effect on the date of the enactment of this 

25 Act) for Flats mail for any class of mail. 


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1 (b) FLATS OPERATIONS REFORM.— 

2 (1) IN GENERAL.—Not later than six months 

3 after the date on which the Postal Regulatory Com4 mission submits the report described in subsection 

5 (a)(3), the Postal Service shall— 

6 (A) develop and implement a plan to rem7 edy each inefficiency identified in the study con8 ducted under subsection (a)(1) to the extent 

9 practicable; and 

10 (B) if the Postal Service determines that 

11 remedying any such inefficiency is not prac12 ticable, provide to Congress and the Postal Reg13 ulatory Commission an explanation why rem14 edying such inefficiency is not practicable, in15 cluding whether it may become practicable to 

16 remedy such inefficiency at a later time. 

17 (2) IMPLEMENTATION REQUIREMENTS.—Prior 

18 to implementing the plan described in paragraph 

19 (1)— 

20 (A) the Postal Regulatory Commission 

21 must approve the plan; and 

22 (B) the Postal Service shall provide an 

23 adequate opportunity for public comment on the 

24 plan. 


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1 (3) COMPLETION NOTICE.—On the date on 

2 which the plan described in paragraph (1) is fully 

3 implemented, as determined by the Postmaster Gen4 eral, the Postmaster General shall submit to Con5 gress and the Postal Regulatory Commission a writ6 ten notice of such implementation. 

7 (c) SUBSEQUENT RATE ADJUSTMENTS.—During the 

8 five-year period beginning on the date on which the Postal 

9 Regulatory Commission submits a report under subsection 

10 (a)(3), the Postal Service, when making any adjustment 

11 to the rate of a market-dominant product (as defined in 

12 section 102 of title 39, United States Code), shall consider 

13 the findings of such report and, after the plan described 

14 in subsection (b)(1) is implemented, the plan’s efficacy in 

15 remedying the inefficiencies identified in the study con16 ducted under subsection (a)(1). 

17 SEC. 207. REPORTING REQUIREMENTS. 

18 (a) IN GENERAL.—Not later than 240 days after the 

19 date of the enactment of this Act, and every six months 

20 thereafter, the Postmaster General shall submit to the 

21 President, the Postal Regulatory Commission, the Com22 mittee on Homeland Security and Governmental Affairs 

23 of the Senate, and the Committee on Oversight and Re24 form of the House of Representatives a report on the oper25 ations and financial condition of the Postal Service during 


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1 the six-month period ending 60 days before the date on 

2 which the Postmaster General submits such report. 

3 (b) CONTENTS.—Each report submitted under this 

4 section shall include updates, details of changes from pre5 vious standards and requirements, and assessments of 

6 progress being made on the operations and financial con7 dition of the Postal Service, including— 

8 (1) the actual mail and package volume growth 

9 relative to any mail or package volume growth pro10 jections previously made or relied upon by the Postal 

11 Service, including a discussion of the reasons for the 

12 differences in projections and the associated adjust13 ments being made; 

14 (2) the effect of pricing changes on product vol15 ume for market-dominant and competitive products, 

16 and associated revenue effects on financial projec17 tions, including a discussion of the reasons behind 

18 the differences in projections and associated adjust19 ments being made; 

20 (3) customer use of network distribution cen21 ters and processing and distribution centers; 

22 (4) the status of the USPS Connect program 

23 and revenue effects of the program on the financial 

24 projections; 


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1 (5) the use of Priority Mail, Priority Mail Ex2 press, First-Class Package Service, and Parcel Se3 lect services (as such terms are defined in the Mail 

4 Classification Schedule as in effect on the date of 

5 the enactment of this Act) among customers and as6 sociated revenue effects; 

7 (6) the use of USPS Connect Returns service 

8 among customers, and associated costs and revenue 

9 effects; 

10 (7) the use of USPS E-Commerce Marketplace 

11 among customers, and associated costs and revenue 

12 effects; 

13 (8) updates on the reliability, efficiency, and 

14 cost-effectiveness of the transportation network, in15 cluding the manner in which ground transportation 

16 is utilized over air transportation for types of mar17 ket-dominant products and competitive products; 

18 (9) a review of efforts to enhance employee 

19 training, safety, and wellbeing, including associated 

20 effects on employee recruitment, satisfaction, and re21 tention; 

22 (10) a review of efforts being made to improve 

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1 pacts to operational expenses and processing, trans2 portation, and delivery efficiency; 

3 (11) the rate of planned investment into Postal 

4 Service processing, transportation, and delivery 

5 equipment and infrastructure for market-dominant 

6 and competitive products, and a review of any asso7 ciated effects on operational expenses and efficiency; 

8 (12) changes to network distribution centers 

9 and the expansion of regional distribution centers, 

10 including costs associated with the changes and any 

11 realized reduction in operational expenses or im12 proved resource efficiencies; 

13 (13) a review of the ability of the Postal Service 

14 to meet performance targets established under sec15 tion 3692(a)(1) of title 39, United States Code; 

16 (14) a discussion of the progress of the Postal 

17 Service in achieving any new, self-funded invest18 ments, including the amounts realized and expended 

19 to date, and a discussion of the reasons behind any 

20 disparities in the assumptions regarding the ex21 pected progress of the Postal Service getting new, 

22 self-funded investments to accommodate changes; 

23 and 

24 (15) any other information the Postal Service 

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1 pated events, in order to help the Postal Regulatory 

2 Commission, Congress, the President, and the Amer3 ican public evaluate the success or difficulties faced 

4 by the Postal Service in implementing the reform 

5 plan. 

6 (c) CONFIDENTIAL INFORMATION.— 

7 (1) IN GENERAL.—The report required under 

8 this subsection shall be submitted in a form that ex9 cludes any proprietary or confidential information 

10 and trade secrets. 

11 (2) NOTIFICATION.—If the Postal Service de12 termines that any information must be excluded 

13 under paragraph (1), the Postal Service shall, at the 

14 time of submitting the report, notify the President, 

15 the Committee on Oversight and Reform of the 

16 House of Representatives, the Committee on Home17 land Security and Governmental Affairs of the Sen18 ate, and the Postal Regulatory Commission in writ19 ing of its determination and describe in detail the in20 formation for which confidentiality is sought and the 

21 reasons therefor. 

22 (3) ANNEXES.—The Postal Service shall submit 

23 to the persons and entities notified under paragraph 

24 (2) any information excluded under paragraph (1) in 


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1 an annex that shall be treated as confidential in ac2 cordance with paragraph (4). 

3 (4) TREATMENT.—No person may, with respect 

4 to any information which such person receives under 

5 paragraph (4)— 

6 (A) use such information for purposes 

7 other than the purposes for which it is supplied; 

8 or 

9 (B) permit any person or entity other than 

10 a person or entity notified under paragraph (2), 

11 or the staff thereof, to have access to any such 

12 information. 

13 (d) TERMINATION.—This section shall terminate on 

14 the date that is five years after the date on which the first 

15 report required by this section is submitted. 

16 SEC. 208. POSTAL SERVICE TRANSPORTATION SELECTION 

17 POLICY REVISIONS. 

18 Section 101(f) of title 39, United States Code, is 

19 amended— 

20 (1) by striking ‘‘prompt and economical’’ and 

21 inserting ‘‘prompt, economical, consistent, and reli22 able’’; 

23 (2) by inserting after ‘‘all mail’’ the following: 

24 ‘‘in a manner that increases operational efficiency 

25 and reduces complexity’’; 


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1 (3) by inserting ‘‘cost-effective’’ after ‘‘to 

2 achieve’’; and 

3 (4) by inserting ‘‘also’’ after ‘‘Nation shall’’. 

4 SEC. 209. USPS INSPECTOR GENERAL OVERSIGHT OF POST5 AL REGULATORY COMMISSION. 

6 (a) IN GENERAL.—Section 8G of the Inspector Gen7 eral Act of 1978 (5 U.S.C. App.) is amended— 

8 (1) in subsection (a)(2), by striking ‘‘the Postal 

9 Regulatory Commission,’’; and 

10 (2) in subsection (f)— 

11 (A) in paragraph (2)— 

12 (i) by striking ‘‘(2) In carrying’’ and 

13 inserting ‘‘(2)(A) In carrying’’; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(B) In carrying out the duties and responsibil17 ities specified in this Act, the Inspector General of 

18 the United States Postal Service shall function as 

19 the Inspector General for the Postal Regulatory 

20 Commission, and shall have equal responsibility over 

21 the United States Postal Service and the Postal 

22 Regulatory Commission. The Commission shall com23 ply with the Inspector General’s oversight as if the 

24 Commission were a designated Federal entity under 

25 subsection (a)(2) and as if the Inspector General 


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1 were the inspector general of the Commission. The 

2 Governors of the Postal Service shall not direct over3 sight activities for the Postal Regulatory Commis4 sion.’’; 

5 (B) in paragraph (3)(A)(i), by inserting 

6 ‘‘pertaining to the United States Postal Serv7 ice’’ after ‘‘subpoenas,’’; 

8 (C) in paragraph (3)(B)(i), by inserting 

9 ‘‘and the Postal Regulatory Commission’’ after 

10 ‘‘United States Postal Service’’; 

11 (D) in paragraph (3)(C), by inserting ‘‘or 

12 the Postal Regulatory Commission’’ after ‘‘Gov13 ernors’’; 

14 (E) by redesignating paragraphs (4), (5), 

15 and (6) as paragraphs (5), (6), and (7), respec16 tively; and 

17 (F) by inserting after paragraph (3) the 

18 following: 

19 ‘‘(4) For activities pertaining to the Postal Reg20 ulatory Commission, sections 4, 5, 6 (other than 

21 subsection (g) thereof), and 7 of this Act shall be 

22 applied by substituting the term ‘head of the Postal 

23 Regulatory Commission’ for ‘head of the establish24 ment’.’’. 


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1 (b) APPOINTMENT AND REMOVAL.—Section 202 of 

2 title 39, United States Code, is amended— 

3 (1) in subsection (e)(1), by striking ‘‘The Gov4 ernors shall appoint’’ and inserting ‘‘The Governors 

5 and the members of the Postal Regulatory Commis6 sion shall appoint, by a favorable vote of a majority 

7 of the Governors in office and of a majority of the 

8 members of the Commission in office,’’; and 

9 (2) in subsection (e)(3), by inserting ‘‘and 3 

10 members of the Postal Regulatory Commission’’ 

11 after ‘‘at least 7 Governors’’. 

12 (c) SAVINGS PROVISION.— 

13 (1) PERSONNEL, DOCUMENTS, ASSETS.—All 

14 personnel, documents, assets, unexpended balances 

15 of appropriations, and obligations of the Inspector 

16 General for the Postal Regulatory Commission shall 

17 transfer to the Inspector General of the Postal Serv18 ice on the effective date of this section. 

19 (2) LEGAL DOCUMENTS.—Any order, deter20 mination, rule, regulation, permit, grant, loan, con21 tract, agreement, certificate, license, or privilege that 

22 has been issued, made, granted, or allowed to be23 come effective by the Inspector General of the Postal 

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1 cording to their terms until modified, terminated, 

2 superseded, set aside, or revoked in accordance with 

3 law. 

4 (3) PROCEEDINGS.—This section and the 

5 amendments made by this section shall not affect 

6 any proceeding pending on the effective date of this 

7 section before the Inspector General of the Postal 

8 Regulatory Commission, but such proceeding shall 

9 be continued by the Inspector General of the Postal 

10 Service, at the discretion of that Inspector General. 

11 Nothing in this paragraph shall be construed to pro12 hibit the discontinuance or modification of any such 

13 proceeding under the same terms and conditions and 

14 to the same extent that the proceeding could have 

15 been discontinued or modified if this section and 

16 those amendments had not been enacted. 

17 (4) SUITS.—This section and the amendments 

18 made by this section shall not affect any suit com19 menced before the effective date of this section, and 

20 in any such suit, proceeding shall be had, appeals 

21 taken, and judgments rendered in the same manner 

22 and with the same effect as if this section or such 

23 amendments had not been enacted. 

24 (5) REFERENCES.—Any reference in any other 

25 Federal law, Executive order, rule, regulation, or 


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1 delegation of authority, or any document relating to 

2 the Inspector General of the Postal Regulatory Com3 mission shall be deemed to refer to the Inspector 

4 General of the United States Postal Service. 

5 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

6 Section 504 of title 39, United States Code, is amended 

7 by striking subsection (h). 

8 (e) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall take effect on the date 

10 that is 180 days after the date of enactment of this Act. 

11 TITLE III—SEVERABILITY 

12 SEC. 301. SEVERABILITY. 

13 If any provision of this Act or any amendment made 

14 by this Act, or the application of a provision of this Act 

15 or an amendment made by this Act to any person or cir16 cumstance, is held to be unconstitutional, the remainder 

17 of this Act, and the application of the provisions to any 

18 person or circumstance, shall not be affected by the hold19 ing. 

Passed the House of Representatives February 8, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 

By KEVIN F. MCCUMBER, 

Deputy Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 273 

117TH CONGRESS 

2D SESSION H. R. 3076 

AN ACT 

To provide stability to and enhance the services of 

purposes. the United States Postal Service, and for other 

FEBRUARY 15, 2022 

Read the second time and placed on the calendar 


pamtmann on DSKBC07HB2PROD with BILLS