II 

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 

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’’. 

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

7 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 (a) COMMISSION.—In this Act, the term ‘‘Commis3 sion’’ means the Postal Regulatory Commission. 

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

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

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

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

8 United States Code. 

9 TITLE I—POSTAL SERVICE 

10 FINANCIAL REFORMS 

11 SEC. 101. POSTAL SERVICE HEALTH BENEFITS PROGRAM. 

12 (a) ESTABLISHMENT.— 

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

14 States Code, is amended by inserting after section 

15 8903b the following: 

16 ‘‘§ 8903c. Postal Service Health Benefits Program 

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


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

2 means an individual who is entitled to benefits under 

3 Medicare part A, but excluding an individual who is 

4 eligible to enroll under such part under section 1818 

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

6 1395i–2, 1395i–2a); 

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

8 contract year beginning in January of 2025; 

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

10 means a carrier that enters into a contract with the 

11 Office to participate in the Program during the ini12 tial contract year; 

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

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

15 1395c et seq.); 

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

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

18 1395j et seq.); 

19 ‘‘(6) the term ‘Office’ means the Office of Per20 sonnel Management; 

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

22 States Postal Service; 

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

24 an annuitant enrolled in a health benefits plan under 


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1 this chapter whose Government contribution is re2 quired to be paid under section 8906(g)(2); 

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

4 an employee of the Postal Service enrolled in a 

5 health benefits plan under this chapter whose Gov6 ernment contribution is paid by the Postal Service; 

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

8 annuitant’ means an individual who— 

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

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

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

12 Service Health Benefits Program established under 

13 subsection (c) within the Federal Employees Health 

14 Benefits Program; 

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

16 benefits plan offered under the Program; and 

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

18 shall apply, and for the purposes of applying such 

19 definitions in carrying out this section, a Postal 

20 Service employee and Postal Service annuitant shall 

21 be treated in the same manner as an employee and 

22 an annuitant (as those terms are defined in para23 graphs (1) and (3), respectively, of section 8901), 

24 consistent with the requirements of this section. 


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

2 section shall— 

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

4 contract year thereafter; and 

5 ‘‘(2) supersede any other provision of this chap6 ter inconsistent with such requirements, as deter7 mined by the Office. 

8 ‘‘(c) ESTABLISHMENT OF THE POSTAL SERVICE

9 HEALTH BENEFITS PROGRAM.— 

10 ‘‘(1) IN GENERAL.— 

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

12 establish the Postal Service Health Benefits 

13 Program within the Federal Employees Health 

14 Benefits Program under this chapter, under 

15 which the Office may contract with carriers to 

16 offer health benefits plans as described under 

17 this section. 

18 ‘‘(B) APPLICABILITY OF CHAPTER RE19 QUIREMENTS TO CONTRACTS.—Except as other20 wise provided in this section, any contract de21 scribed in subparagraph (A) shall be consistent 

22 with the requirements of this chapter for con23 tracts under section 8902 with carriers to offer 

24 health benefits plans other than under this sec25 tion. 


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1 ‘‘(C) PROGRAM PLANS AND PARTICIPA2 TION.—The Program shall— 

3 ‘‘(i) to the greatest extent prac4 ticable— 

5 ‘‘(I) with respect to each plan 

6 provided by a carrier under this sub7 chapter in which the total enrollment 

8 includes, in the contract year begin9 ning in January 2023, 1,500 or more 

10 enrollees who are Postal Service em11 ployees or Postal Service annuitants, 

12 include a plan offered by that carrier 

13 with equivalent benefits and cost-shar14 ing requirements as provided under 

15 paragraph (2), except that the Direc16 tor of the Office may exempt any 

17 comprehensive medical plan from this 

18 requirement; and 

19 ‘‘(II) include plans offered by any 

20 other carrier determined appropriate 

21 by the Office; 

22 ‘‘(ii) provide for enrollment in Pro23 gram plans of Postal Service employees 

24 and Postal Service annuitants, in accord25 ance with subsection (d); 


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1 ‘‘(iii) provide for enrollment in a Pro2 gram plan as an individual, for self plus 

3 one, or for self and family; and 

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

5 Program plan of an individual who is not 

6 a Postal Service employee or Postal Service 

7 annuitant (except as a member of family of 

8 such an employee or annuitant or as pro9 vided under paragraph (4)). 

10 ‘‘(2) COVERAGE WITH EQUIVALENT BENEFITS

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

12 the Office shall ensure that each carrier partici13 pating in the Program provides under the Program 

14 plans offered by the carrier benefits and cost-sharing 

15 requirements that are equivalent to the benefits and 

16 cost-sharing requirements under the health benefits 

17 plans offered by the carrier under this chapter that 

18 are not Program plans, except that prescription drug 

19 benefits and cost-sharing requirements may differ 

20 between the Program plans and other health benefits 

21 plans offered by the carrier under this chapter to the 

22 extent needed to integrate the Medicare part D pre23 scription drug benefits coverage required under sub24 section (h)(2). 


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1 ‘‘(3) APPLICABILITY OF FEDERAL EMPLOYEES

2 HEALTH BENEFITS PROGRAM REQUIREMENTS.—Ex3 cept as otherwise set forth in this section, the provi4 sions of this chapter applicable to health benefits 

5 plans offered by carriers under section 8903 or 

6 8903a shall apply to plans offered under the Pro7 gram. 

8 ‘‘(4) APPLICATION OF CONTINUATION COV9 ERAGE.—In accordance with rules established by the 

10 Office, section 8905a shall apply to health benefits 

11 plans offered under this section in the same manner 

12 as such section applies to other health benefits plans 

13 offered under this chapter. 

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

15 employee and Postal Service annuitant who elects to re16 ceive health benefits coverage under this chapter— 

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

18 section; and 

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

20 plan offered under any other section of this chapter. 

21 ‘‘(e) REQUIREMENT OF MEDICARE ENROLLMENT

22 FOR CERTAIN ANNUITANTS AND THEIR FAMILY MEM23 BERS.— 

24 ‘‘(1) MEDICARE COVERED ANNUITANTS.—Ex25 cept as provided under paragraph (3), a Postal ServVerDate Sep 11 2014 01:51 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.RHUC H3076

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1 ice Medicare covered annuitant may not enroll in a 

2 Program plan unless the annuitant is entitled to 

3 benefits under Medicare part A and enrolled in 

4 Medicare part B. 

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

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

7 of a Postal Service annuitant who is entitled to ben8 efits under Medicare part A and required under this 

9 subsection to enroll in Medicare part B to enroll 

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

11 Postal Service annuitant is a covered Medicare indi12 vidual, that member of family may not enroll under 

13 the Program as a member of family of the Postal 

14 Service annuitant unless that member of family is 

15 entitled to benefits under Medicare part A and en16 rolled in Medicare part B. 

17 ‘‘(3) EXCEPTIONS.— 

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

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

20 shall not apply with respect to an individual in 

21 the following cases: 

22 ‘‘(i) CURRENT POSTAL SERVICE AN23 NUITANTS.—The individual, as of January 

24 1, 2025, is a Postal Service annuitant who 

25 is not both entitled to benefits under MediVerDate Sep 11 2014 01:51 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.RHUC H3076

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1 care part A and enrolled in Medicare part 

2 B. 

3 ‘‘(ii) CURRENT EMPLOYEES AGED 64

4 AND OVER.—The individual, as of January 

5 1, 2025, is a Postal Service employee and 

6 is at least 64 years of age. 

7 ‘‘(iii) POSTAL SERVICE MEDICARE

8 COVERED ANNUITANTS AND FAMILY MEM9 BERS RESIDING ABROAD.—For any con10 tract year with respect to which the indi11 vidual is a Postal Service Medicare covered 

12 annuitant or a member of family of a Post13 al Service Medicare covered annuitant and 

14 resides outside the United States (which 

15 includes the States, the District of Colum16 bia, the Commonwealth of Puerto Rico, the 

17 Virgin Islands, Guam, American Samoa, 

18 and the Northern Mariana Islands), pro19 vided that the individual demonstrates 

20 such residency to the Postal Service in ac21 cordance with regulations issued by the 

22 Postal Service. 

23 ‘‘(iv) POSTAL SERVICE MEDICARE

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1 BERS ENROLLED UNDER VA COVERAGE.— 

2 The individual— 

3 ‘‘(I) is a Postal Service Medicare 

4 covered annuitant or a member of 

5 family of a Postal Service Medicare 

6 covered annuitant; and 

7 ‘‘(II) is enrolled in health care 

8 benefits provided by the Department 

9 of Veterans Affairs under subchapter 

10 II of chapter 17 of title 38, United 

11 States Code. 

12 ‘‘(v) POSTAL SERVICE MEDICARE COV13 ERED ANNUITANTS AND FAMILY MEMBERS

14 ELIGIBLE FOR IHS HEALTH SERVICES.— 

15 The individual— 

16 ‘‘(I) is a Postal Service Medicare 

17 covered annuitant or a member of 

18 family of a Postal Service Medicare 

19 covered annuitant; and 

20 ‘‘(II) is eligible for health services 

21 from the Indian Health Service. 

22 ‘‘(B) REGULATIONS FOR VA AND IHS EX23 CEPTIONS.—Not later than 1 year after the 

24 date of enactment of this section, the Office 

25 shall, in consultation with the Secretary of VetVerDate Sep 11 2014 01:51 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.RHUC H3076

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1 erans Affairs, the Secretary of Health and 

2 Human Services, and the Postmaster General, 

3 promulgate any regulations necessary to imple4 ment clauses (iv) and (v) of subparagraph (A). 

5 ‘‘(C) LIST OF INDIVIDUALS RESIDING

6 ABROAD.—The Postal Service shall provide a 

7 list of individuals who satisfy the exception 

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

9 ‘‘(4) PROCESS FOR INFORMATION COLLECTION

10 AND DISSEMINATION.—The Postal Service and the 

11 Office, in consultation with the Social Security Ad12 ministration and the Centers for Medicare & Med13 icaid Services, shall establish a process that will en14 able the Postal Service to timely inform Postal Serv15 ice employees, Postal Service annuitants, and mem16 bers of family of such employees and annuitants of 

17 the requirements described in paragraphs (1) and 

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

19 under this section. 

20 ‘‘(f) TRANSITIONAL OPEN SEASON.— 

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

22 ‘‘(A) the term ‘current option’, with re23 spect to an individual, means the option under 

24 a plan under this chapter in which the indiVerDate Sep 11 2014 01:51 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.RHUC H3076

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1 vidual is enrolled during the contract year pre2 ceding the initial contract year; and 

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

4 to an individual, means the plan under this 

5 chapter in which the individual is enrolled dur6 ing the contract year preceding the initial con7 tract year. 

8 ‘‘(2) AUTOMATIC ENROLLMENT.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graphs (B) and (C), in the case of an individual 

11 who is a Postal Service employee or Postal 

12 Service annuitant eligible to enroll in a Pro13 gram plan under subsection (d), who is enrolled 

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

15 a Program plan during the open season that 

16 immediately precedes the initial contract year, 

17 the Office shall automatically enroll the indi18 vidual, as of the start of the initial contract 

19 year, in a Program plan offered by the carrier 

20 of the individual’s current plan. 

21 ‘‘(B) CARRIERS OFFERING MULTIPLE PRO22 GRAM PLANS OR OPTIONS.—If the carrier of the 

23 current plan of an individual described in sub24 paragraph (A) offers more than 1 Program 

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1 paragraph (A), shall automatically enroll the in2 dividual in the plan and option that provide 

3 coverage with equivalent benefits and cost shar4 ing, as described in subsection (c)(2), to the in5 dividual’s current plan and current option. 

6 ‘‘(C) CARRIERS NOT OFFERING PROGRAM

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

8 individual described in subparagraph (A) does 

9 not offer a Program plan, the Office, in car10 rying out subparagraph (A), shall automatically 

11 enroll the individual in the lowest-cost nation12 wide plan option within the Program that is not 

13 a high deductible health plan and does not 

14 charge an association or membership fee. 

15 ‘‘(g) OPM REGULATIONS.— 

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

17 the date of enactment of this section, the Director 

18 of the Office shall issue regulations to carry out this 

19 section. 

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

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

22 consult, as necessary, with the Secretary of Health 

23 and Human Services, the Secretary of Veterans Af24 fairs, the Commissioner of Social Security, and the 

25 Postmaster General. 


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

2 paragraph (1) shall include— 

3 ‘‘(A) any provisions necessary to imple4 ment this section; 

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

6 annuitants and affected family members are 

7 timely informed of the enrollment requirements 

8 and may request, in writing, any additional en9 rollment information; 

10 ‘‘(C) provisions under which a Postal Serv11 ice employee or Postal Service annuitant en12 rolled under the Program may request a belated 

13 change of plan and may be prospectively en14 rolled in the plan of the employee’s or annu15 itant’s choice; and 

16 ‘‘(D) provisions for individuals to cancel 

17 coverage under the Program in writing to the 

18 Postal Service because the individuals choose 

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

20 part B. 

21 ‘‘(h) MEDICARE COORDINATION.— 

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

23 each Program plan to provide benefits for covered 

24 Medicare individuals pursuant to a coordination of 

25 benefits method approved by the Office. 


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1 ‘‘(2) MEDICARE PART D PRESCRIPTION DRUG

2 BENEFITS.—The Office shall require each Program 

3 plan to provide prescription drug benefits to any 

4 Postal Service annuitant and member of family of 

5 such annuitant who is a part D eligible individual 

6 (as defined in section 1860D–1(a)(3)(A) of the So7 cial Security Act) through employment-based retiree 

8 health coverage (as defined in section 1860D– 

9 22(c)(1) of such Act) through— 

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

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

12 ‘‘(B) contracts between such a Program 

13 plan and PDP sponsor, as defined in section 

14 1860D–41(a)(13) of such Act, of such a pre15 scription drug plan. 

16 ‘‘(i) POSTAL SERVICE CONTRIBUTION.— 

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

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

19 Postal Service, the weighted average shall be cal20 culated in accordance with paragraphs (2) and (3). 

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

22 later than October 1 of each year (beginning with 

23 2024), the Office shall determine the weighted aver24 age of the rates established pursuant to subsection 


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1 (c)(2) for Program plans that will be in effect dur2 ing the following contract year with respect to— 

3 ‘‘(A) enrollments for self only; 

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

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

6 ‘‘(3) WEIGHTING IN COMPUTING RATES FOR

7 INITIAL CONTRACT YEAR.—In determining such 

8 weighted average of the rates for the initial contract 

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

10 of section 8906(a)(2)) the enrollment of Postal Serv11 ice employees and annuitants in the health benefits 

12 plans offered by the initial participating carriers as 

13 of March 31, 2023. 

14 ‘‘(4) PAYMENT OF LATE ENROLLMENT PEN15 ALTIES.—The Postal Service may direct the Office 

16 to pay the amounts required by an agreement be17 tween the United States Postal Service and the Sec18 retary of the Department of Health and Human 

19 Services under section 1839(e)(1) of the Social Se20 curity Act (42 U.S.C. 1395r(e)(1)) from the Postal 

21 Service Retiree Health Benefits Fund established 

22 under section 8909a until depleted and thereafter 

23 shall pay such amounts from the Postal Service 

24 Fund established under section 2003 of title 39. 

25 ‘‘(j) RESERVES.— 


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1 ‘‘(1) SEPARATE RESERVES.— 

2 ‘‘(A) IN GENERAL.—The Office shall en3 sure that each Program plan maintains sepa4 rate reserves (including a separate contingency 

5 reserve) with respect to the enrollees in the 

6 Program plan in accordance with section 8909. 

7 ‘‘(B) APPLICABILITY OF SECTION 8909 TO

8 CONTINGENCY RESERVES.—All provisions of 

9 section 8909 relating to contingency reserves 

10 shall apply to contingency reserves of Program 

11 plans in the same manner as to the contingency 

12 reserves of other plans under this chapter, ex13 cept to the extent that such provisions are in14 consistent with the requirements of this sub15 section. 

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

17 Program, each reference to ‘the Government’ in 

18 section 8909 shall be deemed to be a reference 

19 to the Postal Service. 

20 ‘‘(D) AMOUNTS TO BE CREDITED.—The 

21 reserves (including the separate contingency re22 serve) maintained by each Program plan shall 

23 be credited with a proportionate amount of the 

24 funds in the reserves for health benefits plans 

25 offered by the carrier. 


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

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

3 plan that is discontinued, the Office shall credit the 

4 separate Postal Service contingency reserve main5 tained under paragraph (1) for that plan only to the 

6 separate Postal Service contingency reserves of the 

7 Program plans continuing under this chapter. 

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

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

10 of title 39 regarding variations, additions, or substitutions 

11 to the provisions of this chapter. 

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

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

14 ‘navigator’ means an employee of the Postal Service 

15 or of a contractor of the Postal Service who is des16 ignated by the Postal Service or contractor to carry 

17 out activities under paragraph (5). 

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

19 months after the date of enactment of this section, 

20 the Postal Service shall establish a Health Benefits 

21 Education Program. 

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

23 Health Benefits Education Program established 

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


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1 ‘‘(A) notify Postal Service annuitants and 

2 Postal Service employees about the Postal Serv3 ice Health Benefits Program established under 

4 subsection (c)(1); 

5 ‘‘(B) provide information regarding the 

6 Postal Service Health Benefits Program and 

7 the requirements of this section to Postal Serv8 ice annuitants and Postal Service employees, in9 cluding— 

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

11 options available under such Program; 

12 ‘‘(ii) the enrollment provisions of sub13 section (d); and 

14 ‘‘(iii) the requirement that Postal 

15 Service annuitants and their family mem16 bers be enrolled in Medicare under sub17 section (e); 

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

19 inquiry from such employees and annuitants 

20 about the Postal Service Health Benefits Pro21 gram, in consultation with the Office as nec22 essary; 

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

24 Medicare & Medicaid Services and the Social 

25 Security Administration, provide information to 


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1 individuals about enrollment under the Medi2 care program under title XVIII of the Social 

3 Security Act, and refer individuals to the Cen4 ters for Medicare & Medicaid Services and the 

5 Social Security Administration as necessary for 

6 additional enrollment information; and 

7 ‘‘(E) carry out, or provide for through con8 tract or other arrangement, the activities de9 scribed in paragraph (5). 

10 ‘‘(4) INFORMATION.— 

11 ‘‘(A) INFORMATION FROM OPM.—The Of12 fice shall timely provide the Postal Service with 

13 such information as necessary to conduct the 

14 Health Benefits Education Program. 

15 ‘‘(B) COORDINATION WITH OPM.—The 

16 Postal Service shall coordinate with the Office, 

17 in consultation with the Centers for Medicare & 

18 Medicaid Services and the Social Security Ad19 ministration, to obtain and confirm the accu20 racy of information as the Postal Service deter21 mines to be necessary to conduct the Health 

22 Benefits Education Program. 

23 ‘‘(5) NAVIGATOR ACTIVITIES.— 

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

25 in this paragraph, with respect to Program 


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1 plans and the health care options available 

2 under the Program, are the following: 

3 ‘‘(i) Educational activities for annu4 itants and employees of the Postal Service 

5 to raise awareness of the availability of 

6 Program plans and requirements for en7 rolling in such plans, including require8 ments to be entitled to Medicare part A 

9 and enroll in Medicare part B. 

10 ‘‘(ii) Distribution of fair and impartial 

11 information concerning enrollment in such 

12 plans. 

13 ‘‘(iii) Facilitation of enrollment in 

14 such plans. 

15 ‘‘(iv) Provision of information in a 

16 manner that is culturally and linguistically 

17 appropriate to the needs of the population 

18 being served by the Program plans. 

19 ‘‘(B) STANDARDS.— 

20 ‘‘(i) IN GENERAL.—The Postal Serv21 ice shall establish standards for navigators 

22 carrying out the activities under this para23 graph to— 


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1 ‘‘(I) engage in the navigator ac2 tivities described in subparagraph (A); 

3 and 

4 ‘‘(II) avoid conflicts of interest. 

5 ‘‘(ii) CONTENTS.—The standards es6 tablished under clause (i) shall provide 

7 that a navigator may not— 

8 ‘‘(I) be a health insurance car9 rier; or 

10 ‘‘(II) receive any consideration 

11 directly or indirectly from any health 

12 insurance carrier in connection with 

13 the enrollment of any individual in a 

14 Program plan. 

15 ‘‘(C) FAIR AND IMPARTIAL INFORMATION

16 AND SERVICES.—The Postal Service, in con17 sultation as necessary with the Office and the 

18 Centers for Medicare & Medicaid Services, shall 

19 develop standards to ensure that information 

20 made available by navigators under this para21 graph is fair, accurate, and impartial. 

22 ‘‘(6) REGULATIONS.— 

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

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1 tions to establish the Health Benefits Edu2 cation Program required under this subsection. 

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

4 under subparagraph (A) shall include— 

5 ‘‘(i) provisions for the notification of 

6 Postal Service annuitants and Postal Serv7 ice employees about the Program, includ8 ing a description of the available health 

9 benefits options, including a process for 

10 notifying Postal Service employees who be11 come eligible for Medicare part B and 

12 Postal Service Medicare covered annuitants 

13 about their choices; 

14 ‘‘(ii) provisions for notifying Postal 

15 Service annuitants, Postal Service employ16 ees, and their family members of the re17 quirements under subsection (e) to enroll 

18 in Medicare as a condition of eligibility to 

19 enroll in the Program; and 

20 ‘‘(iii) a process, developed in consulta21 tion with the Social Security Administra22 tion, the Centers for Medicare & Medicaid 

23 Services, and the Office, for addressing 

24 any inquiry from Postal Service annuitants 


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1 and Postal Service employees about the 

2 Program or Medicare enrollment.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENTS.— 

5 (A) SERVICE BENEFIT PLANS.—Section 

6 8903(1) of title 5, United States Code, is 

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

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

9 enrollees under this chapter generally and at 

10 least 2 levels of benefits for enrollees under the 

11 Postal Service Health Benefits Program estab12 lished under section 8903c’’. 

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

14 sections for chapter 89 of title 5, United States 

15 Code, is amended by inserting after the item re16 lating to section 8903b the following: 

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

17 (C) APPLICATION TO CERTAIN POSTAL

18 SERVICE ANNUITANTS OR FAMILY MEMBERS.— 

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

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

21 adding at the end the following: 

22 ‘‘(iv) APPLICATION TO CERTAIN POST23 AL SERVICE ANNUITANTS OR FAMILY MEM24 BERS.—Nothing in this paragraph shall 

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1 mining an individual’s eligibility to enroll 

2 in a health benefits plan offered under the 

3 Postal Service Health Benefits Program 

4 under section 8903c of title 5, United 

5 States Code, in accordance with subsection 

6 (e) of such section.’’. 

7 (b) COORDINATION WITH MEDICARE.— 

8 (1) PART B SPECIAL ENROLLMENT PERIOD.— 

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

10 1395p) is amended by adding at the end the fol11 lowing new subsection: 

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

13 ‘‘(A) as of January 1, 2024, is— 

14 ‘‘(i) a Postal Service annuitant who is enti15 tled to benefits under part A of title XVIII of 

16 the Social Security Act, but excluding an indi17 vidual who is eligible to enroll under such part 

18 under section 1818 of such Act or 1818A of 

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

20 ‘‘(ii) a member of family (as defined in sec21 tion 8901(5) of title 5, United States Code) of 

22 a Postal Service annuitant and is entitled to 

23 benefits under part A of title XVIII of the So24 cial Security Act, but excluding an individual 

25 who is eligible to enroll under such part under 


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1 section 1818 of such Act or 1818A of such Act 

2 (42 U.S.C. 1395i–2, 1395i–2a); and 

3 ‘‘(B) is not enrolled under this part, the indi4 vidual may elect to be enrolled under this part dur5 ing a special enrollment period during the 6–month 

6 period beginning on April 1, 2024. 

7 ‘‘(2) In this subsection, the term ‘Postal Service an8 nuitant’ means an annuitant enrolled in a health benefits 

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

10 whose Government contribution is required to be paid 

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

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.— 

14 (A) PART A ENROLLMENT.—Section 

15 1818(c) of the Social Security Act (42 U.S.C. 

16 1395i–2(c)) is amended, in the matter pre17 ceding paragraph (1), by striking ‘‘(except sub18 section (f) thereof)’’ and inserting ‘‘(except sub19 sections (f) and (o) thereof)’’. 

20 (B) COVERAGE PERIOD UNDER PART B.— 

21 Section 1838 of the Social Security Act (42 

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

23 the following: 

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

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1 riod pursuant to section 1837(o), the coverage period shall 

2 begin on January 1, 2025.’’. 

3 (3) TREATMENT OF PART B LATE ENROLLMENT

4 PENALTY FOR INDIVIDUALS ENROLLING DURING

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

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

7 amended— 

8 (A) in paragraph (1), by striking ‘‘(as de9 fined in paragraph (3)(A))’’ and by inserting 

10 ‘‘(as defined in paragraph (3)(A)(i)). The Sec11 retary shall enter into an agreement with the 

12 United States Postal Service under which the 

13 United States Postal Service agrees to pay on 

14 a quarterly or other periodic basis to the Sec15 retary (to be deposited in the Treasury to the 

16 credit of the Federal Supplementary Medical 

17 Insurance Trust Fund) an amount equal to the 

18 amount of the part B late enrollment premium 

19 increases with respect to the premiums for eligi20 ble individuals (as defined in paragraph 

21 (3)(A)(ii)).’’; and 

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

23 as follows: 


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

2 an individual who is enrolled under this part B 

3 and who— 

4 ‘‘(i) in the case of an agreement en5 tered into under the first sentence of para6 graph (1), is within a class of individuals 

7 specified in such agreement; and 

8 ‘‘(ii) in the case of an agreement en9 tered into under the second sentence of 

10 paragraph (1), is so enrolled under this 

11 part pursuant to the special enrollment pe12 riod under section 1837(o)’’. 

13 (4) PART D EGWP CONTRACTING CONFORMING

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

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

16 by inserting before the period at the end the fol17 lowing: ‘‘, and shall be applied in a manner to facili18 tate the offering of prescription drug benefits under 

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

20 United States Code, as required under subsection 

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

22 retiree health coverage through— 

23 ‘‘(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 

25 ‘‘the Centers for Medicare & Medicaid Services— 


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1 Program Management Account’’, out of any monies 

2 in the Treasury not otherwise appropriated, 

3 $7,500,000 for fiscal year 2022, to remain available 

4 until expended, for purposes of carrying out this sec5 tion, including the amendments made by this sec6 tion. 

7 (2) SSA APPROPRIATION.— 

8 (A) IN GENERAL.—In addition to amounts 

9 otherwise available, there is appropriated to the 

10 Social Security Administration, out of any mon11 ies in the Treasury not otherwise appropriated, 

12 $16,000,000 for fiscal year 2022, to remain 

13 available until the date that is 1 year after the 

14 last day of the special enrollment period de15 scribed in subsection (c)(2), for purposes of car16 rying out this section, with the exception of car17 rying out subsection (c)(3) for the purposes set 

18 forth in subsection (c)(3)(B), including the 

19 amendments made by this section. 

20 (B) RELATION TO OTHER APPROPRIA21 TION.—The amounts appropriated under sub22 paragraph (A) shall be in addition to the Social 

23 Security Administration’s Limitation on Admin24 istrative Expenditure appropriations. 


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1 (3) OPM APPROPRIATION.—In addition to 

2 amounts otherwise available, there is appropriated to 

3 the Office of Personnel Management, out of any 

4 monies in the Treasury not otherwise appropriated, 

5 $70,500,000 for fiscal year 2022, to remain avail6 able until expended, for purposes of carrying out 

7 this section, including the amendments made by this 

8 section. 

9 (4) FUNDS CREDITED BY POSTAL SERVICE.— 

10 The United States Postal Service shall deposit an 

11 amount equal to the sum of the amounts appro12 priated under paragraphs (1), (2), and (3) into the 

13 Treasury as a miscellaneous receipt from the Postal 

14 Service Fund in fiscal year 2022. 

15 (5) REIMBURSEMENT FOR PERIODIC SSA DATA

16 SHARING.— 

17 (A) INTER-AGENCY AGREEMENT.—The 

18 Commissioner of Social Security shall enter into 

19 an agreement with the Director of the Office 

20 under which the Director pays the Commis21 sioner from the Postal Service administrative 

22 reserve the full costs (including systems and ad23 ministrative costs) of providing the information 

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

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


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1 (B) REPORT TO CONGRESS.—The Director 

2 of the Office— 

3 (i) shall report the amount paid under 

4 subparagraph (A) annually to the Com5 mittee on Homeland Security and Govern6 mental Affairs of the Senate and the Com7 mittee on Oversight and Reform of the 

8 House of Representatives; and 

9 (ii) may satisfy the requirement under 

10 clause (i) by including the amount paid 

11 under subparagraph (A) in any other an12 nual report submitted to Congress. 

13 SEC. 102. USPS FAIRNESS ACT. 

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

15 ‘‘USPS Fairness Act’’. 

16 (b) RATIONAL BENEFITS FUNDING AND ACCOUNT17 ING.— 

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

19 United States Code, is amended by striking sub20 section (d) and inserting the following: 

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

22 30 of each succeeding year, the Office shall compute, for 

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

24 any) that Government contributions required to be paid 

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


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1 estimated net claims costs under the enrollment of the in2 dividuals described in section 8906(g)(2)(A). 

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

4 which the Office makes a computation under paragraph 

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

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

7 such paragraph. 

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

9 of title 39 shall be based on— 

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

11 claims costs with respect to— 

12 ‘‘(A) current annuitants of the United 

13 States Postal Service as of the end of the fiscal 

14 year ending on September 30 of the relevant re15 porting year; and 

16 ‘‘(B) current employees of the United 

17 States Postal Service who would, as of Sep18 tember 30 of that year— 

19 ‘‘(i) be eligible to become annuitants 

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

21 and 

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

23 date, meet the criteria for coverage of an24 nuitants under section 8905(b); 


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1 ‘‘(2) economic and actuarial methods and as2 sumptions consistent with the methods and assump3 tions used in determining the Postal surplus or sup4 plemental liability under section 8348(h); and 

5 ‘‘(3) any other methods and assumptions, in6 cluding a health care cost trend rate, that the Direc7 tor of the Office determines to be appropriate. 

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

9 Service, the Office shall promulgate any regulations the 

10 Office determines necessary under this subsection. 

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

12 net claims costs’ shall mean the difference between— 

13 ‘‘(1) the sum of— 

14 ‘‘(A) the estimated costs incurred by a car15 rier in providing health services to, paying for 

16 health services provided to, or reimbursing ex17 penses for health services provided to, annu18 itants of the United States Postal Service and 

19 any other persons covered under the enrollment 

20 of such annuitants; and 

21 ‘‘(B) an amount of indirect expenses rea22 sonably allocable to the provision, payment, or 

23 reimbursement described in subparagraph (A), 

24 as determined by the Office; and 


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

2 or paid by annuitants of the United States Postal 

3 Service under section 8906.’’. 

4 (2) CLERICAL AMENDMENT.—The heading of 

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

6 amended by striking ‘‘Benefit’’ and inserting 

7 ‘‘Benefits’’. 

8 (c) APPLICATION.— 

9 (1) CANCELLATION OF PAYMENTS.—Any pay10 ment required from the Postal Service under section 

11 8909a of title 5, United States Code, as in effect on 

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

13 remains unpaid as of such date of enactment is can14 celed. 

15 (2) EFFECT OF THIS ACT.—In any determina16 tion relating to the future liability for retiree health 

17 benefits of the United States Postal Service or the 

18 Postal Service Retiree Health Benefits Fund, the 

19 Office of Personnel Management shall take into ac20 count the actual and reasonably expected effects of 

21 this Act. 

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

23 FOR CERTAIN PAYMENTS.— 


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

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 2903. Use of funds from sale of property 

5 ‘‘In the event that the Postal Service permanently 

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

7 real property owned by the Postal Service shall be used 

8 to pay any outstanding liability with respect to the salaries 

9 and expenses of any Postal Service employee. The balance 

10 of any remaining funds shall be deposited into the Postal 

11 Service Retiree Health Benefits Fund established under 

12 section 8909a of title 5.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions of such chapter is amended by adding after the 

15 item relating to section 2902 the following new item: 

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

16 SEC. 103. NONPOSTAL SERVICES. 

17 (a) NONPOSTAL SERVICES.— 

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

19 States Code, is amended by adding after chapter 36 

20 the following: 

21 ‘‘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. 


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1 ‘‘§ 3701. Purpose 

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

3 Service to increase its net revenues through specific non4 postal products and services that are expressly authorized 

5 by this chapter. 

6 ‘‘§ 3702. Definitions 

7 ‘‘In this chapter— 

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

9 services offered by the Postal Service that are ex10 pressly authorized by this chapter and are not postal 

11 products or services; 

12 ‘‘(2) the term ‘costs attributable’ has the mean13 ing given such term in section 3631; 

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

15 ‘‘(4) the term ‘local government’ means a coun16 ty, municipality, city, town, township, local public 

17 authority, school district, special district, intrastate 

18 district, council of governments, or regional or inter19 state government entity; 

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

21 government of the District of Columbia, the Com22 monwealth of Puerto Rico, the United States Virgin 

23 Islands, Guam, American Samoa, the Common24 wealth of the Northern Mariana Islands, and any 

25 other territory or possession of the United States; 


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

2 government of an Indian tribe, as that term is de3 fined in section 4 of the Indian Self-Determination 

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

5 and 

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

7 geographical sense, means the States, the District of 

8 Columbia, the Commonwealth of Puerto Rico, the 

9 United States Virgin Islands, Guam, American 

10 Samoa, the Commonwealth of the Northern Mariana 

11 Islands, and any other territory or possession of the 

12 United States. 

13 ‘‘§ 3703. Postal Service program for State govern14 ments 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of this title, the Postal Service may establish a pro17 gram to enter into agreements with an agency of any State 

18 government, local government, or tribal government to 

19 provide property or nonpostal services to the public on be20 half of such agencies for non-commercial purposes, but 

21 only if— 

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

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

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1 ity of such services or by making such services 

2 more accessible; 

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

4 the value of postal services, including by— 

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

6 postal services; and 

7 ‘‘(ii) unreasonably restricting access 

8 to postal retail service, such as customer 

9 waiting time and access to parking; and 

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

11 to the Postal Service, defined as reimbursement that 

12 covers at least 100 percent of the costs attributable 

13 to all property and nonpostal services provided under 

14 each relevant agreement in each year, except that 

15 agreements determined to be substantially similar by 

16 the Postal Service with the concurrence of the Postal 

17 Regulatory Commission shall be reviewed based on 

18 their collective revenue and costs attributable. 

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

20 offering a service under the program, the Postal Service 

21 shall make available to the public on its website— 

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

23 such service; and 

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

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1 hanced value to the public, and terms of reimburse2 ment to the Postal Service. 

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

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

5 Governors of the Postal Service approve such program by 

6 a recorded vote that is publicly disclosed on the Postal 

7 Service website with a majority of the Governors then in 

8 office voting for approval. 

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

10 shall not be construed as requiring the Postal Service to 

11 disclose to the public any information— 

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

13 ‘‘(2) exempt from public disclosure under sec14 tion 552(b) of title 5. 

15 ‘‘§ 3704. Postal Service program for other Govern16 ment agencies 

17 ‘‘The Postal Service may establish a program to pro18 vide property and nonpostal services to other Government 

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

20 such program provides a net contribution to the Postal 

21 Service, defined as reimbursement that covers at least 100 

22 percent of the costs attributable for property and non23 postal services provided by the Postal Service in each year 

24 to such agencies. 


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1 ‘‘§ 3705. Transparency and accountability for non2 postal services 

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

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

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

6 shall submit to the Postal Regulatory Commission a 

7 report that analyzes costs, revenues, rates, and qual8 ity of service for each agreement or substantially 

9 similar set of agreements for the provision of prop10 erty or nonpostal services under section 3703 or the 

11 program as a whole under section 3704, and any 

12 other nonpostal service authorized under this chap13 ter, using such methodologies as the Commission 

14 may prescribe, and in sufficient detail to dem15 onstrate compliance with the requirements of this 

16 chapter. 

17 ‘‘(2) SUPPORTING MATTER.—A report sub18 mitted under paragraph (1) shall include any non19 public annex, the working papers, and any other 

20 supporting matter of the Postal Service and the In21 spector General related to the information submitted 

22 in such report. 

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

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

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1 section (a). In prescribing such regulations, the 

2 Commission shall give due consideration to— 

3 ‘‘(A) providing the public with timely, ade4 quate information to assess compliance; 

5 ‘‘(B) avoiding unnecessary or unwarranted 

6 administrative effort and expense on the part of 

7 the Postal Service; and 

8 ‘‘(C) protecting the confidentiality of infor9 mation that is commercially sensitive or is ex10 empt from public disclosure under section 

11 552(b) of title 5. 

12 ‘‘(2) REVISED REQUIREMENTS.—The Commis13 sion may, on its own motion or on request of any 

14 interested party, initiate proceedings to improve the 

15 quality, accuracy, or completeness of Postal Service 

16 data required by the Commission if— 

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

18 property, products, or services under this chap19 ter has become significantly inaccurate or can 

20 be significantly improved; 

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

22 the Commission for a report under this chapter 

23 has become significantly inaccurate or can be 

24 significantly improved; or 


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

2 the Commission, otherwise necessitated by the 

3 public interest. 

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

5 audit the data collection systems and procedures used in 

6 collecting information and preparing the report required 

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

8 be submitted to the Postal Service and the Postal Regu9 latory Commission. 

10 ‘‘(d) CONFIDENTIAL INFORMATION.— 

11 ‘‘(1) IN GENERAL.—If the Postal Service deter12 mines that any document or portion of a document, 

13 or other matter, which it provides to the Postal Reg14 ulatory Commission in a nonpublic annex under this 

15 section contains information described in section 

16 410(c), or exempt from public disclosure under sec17 tion 552(b) of title 5, the Postal Service shall, at the 

18 time of providing such matter to the Commission, 

19 notify the Commission of its determination, in writ20 ing, and describe with particularity the documents 

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

22 confidentiality is sought and the reasons therefor. 

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

24 matter described in paragraph (1) to which the 

25 Commission gains access under this section shall be 


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

2 in the same way as if the Commission had received 

3 notification with respect to such matter under sec4 tion 504(g)(1). 

5 ‘‘(e) ANNUAL COMPLIANCE DETERMINATION.— 

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

7 Upon receiving a report required under subsection 

8 (a), the Postal Regulatory Commission shall prompt9 ly— 

10 ‘‘(A) provide an opportunity for comment 

11 on such report by any interested party; and 

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

13 to represent the interests of the general public. 

14 ‘‘(2) DETERMINATION OF COMPLIANCE OR NON15 COMPLIANCE.—Not later than 90 days after receiv16 ing a report required under subsection (a), the Post17 al Regulatory Commission shall make a written de18 termination as to whether the activities carried out 

19 pursuant to this chapter during the applicable year 

20 were or were not in compliance with the provisions 

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

22 case in which the requirements for coverage of costs 

23 attributable have not been met shall be considered to 

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

25 year, no instance of noncompliance is found to have 


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1 occurred, the determination shall be to that effect. 

2 Such determination of noncompliance shall be in3 cluded with the annual compliance determination re4 quired under section 3653. 

5 ‘‘(3) NONCOMPLIANCE.—If a timely written de6 termination of noncompliance is made under para7 graph (2), the Postal Regulatory Commission shall 

8 take appropriate action. If the requirements for cov9 erage of costs attributable specified by this chapter 

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

11 after the determination, prescribe remedial action to 

12 restore compliance as soon as practicable, including 

13 the full restoration of revenue shortfalls during the 

14 following year. The Commission may order the Post15 al Service to discontinue a nonpostal service under 

16 section 3703 that persistently fails to meet cost cov17 erage requirements. 

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

19 case of deliberate noncompliance by the Postal Serv20 ice with the requirements of this chapter, the Postal 

21 Regulatory Commission may order, based on the na22 ture, circumstances, extent, and seriousness of the 

23 noncompliance, a fine (in the amount specified by 

24 the Commission in its order) for each incidence of 

25 such noncompliance. All receipts from fines imposed 


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1 under this subsection shall be deposited in the gen2 eral fund of the Treasury. 

3 ‘‘(f) REGULATIONS REQUIRED.—The Postal Regu4 latory Commission shall issue such regulations as are nec5 essary to carry out this section. 

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

7 Postal Service may conduct market tests of agreements 

8 pursuant to section 3703 and section 3704 of this chapter 

9 subject to the same terms and conditions described in sec10 tion 3641 of this title. For the purposes of a market test, 

11 the cost coverage requirements in sections 3703 and 3704 

12 of this chapter shall not apply.’’. 

13 (2) CLERICAL AMENDMENT.—The table of 

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

15 is amended by adding after the item relating to 

16 chapter 36 the following: 

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

17 (b) CONFORMING AMENDMENTS.— 

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

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

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

21 any nonpostal products or services authorized by 

22 chapter 37’’. 

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

24 411 of title 39, United States Code, is amended by 

25 striking ‘‘including reimbursability’’ and inserting 


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1 ‘‘including reimbursability within the limitations of 

2 chapter 37’’. 

3 (3) TREATMENT OF EXISTING NONPOSTAL

4 SERVICES.—All individual nonpostal services, pro5 vided directly or through licensing, that are contin6 ued pursuant to section 404(e) of title 39, United 

7 States Code, shall be considered to be expressly au8 thorized by chapter 37 of such title (as added by 

9 subsection (a)(1)) and shall be subject to the re10 quirements of section 3705, subsections (a) through 

11 (d). 

12 TITLE II—POSTAL SERVICE 

13 OPERATIONAL REFORMS 

14 SEC. 201. PERFORMANCE TARGETS AND TRANSPARENCY. 

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

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

17 section 3691 the following: 

18 ‘‘§ 3692. Performance targets and transparency 

19 ‘‘(a) PERFORMANCE TARGETS.—Each year, to en20 sure that mail service for postal customers meets the serv21 ice standards for market-dominant products, established 

22 under section 3691, the Postal Service shall— 

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

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

25 and provide to the Postal Regulatory Commission 


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1 reasonable targets for performance for each product; 

2 and 

3 ‘‘(2) provide the previous fiscal year’s perform4 ance targets in its Annual Compliance Report to the 

5 Postal Regulatory Commission for evaluation of 

6 compliance for each product. 

7 ‘‘(b) POSTAL REGULATORY COMMISSION DETER8 MINATION OF CERTAIN PERFORMANCE INFORMATION.— 

9 Not later than 90 days after first receiving the perform10 ance targets under subsection (a)(1), the Postal Regu11 latory Commission shall provide to the Postal Service— 

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

13 publish nationwide, regional, and local delivery area 

14 performance information in accordance with sub15 section (c)(2) that— 

16 ‘‘(A) are consistent with the organizational 

17 structure of the delivery network of the Postal 

18 Service (including at the District and Area or19 ganizational levels, or the functional equiva20 lents, and, to the extent practicable, at the U.S. 

21 ZIP Code Area level); 

22 ‘‘(B) reflect the most granular geographic 

23 level of performance information appropriate 

24 for the Postal Service to publish; and 


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

2 published geographic levels to satisfy the pub3 lishing requirements of subparagraphs (A) and 

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

5 ‘‘(2) recommendations for any modifications to 

6 the Postal Service’s measurement systems necessary 

7 to measure and publish the performance information 

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

9 Commission deems relevant. 

10 ‘‘(c) PUBLIC PERFORMANCE DASHBOARD.— 

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

12 develop and maintain a publicly available Website 

13 with an interactive web-tool that provides perform14 ance information for market-dominant products that 

15 is updated on a weekly basis. 

16 ‘‘(2) PERFORMANCE INFORMATION.—The per17 formance information provided for a market-domi18 nant product on the Website shall include— 

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

20 ‘‘(B) performance information for different 

21 geographic areas, consistent with subsection 

22 (b); 

23 ‘‘(C) performance information for different 

24 time periods, including annual, quarterly, 

25 monthly, and weekly segments; 


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1 ‘‘(D) comparisons of performance informa2 tion for market-dominant products to perform3 ance information for previous time periods to 

4 facilitate identification of performance trends; 

5 and 

6 ‘‘(E) the performance targets then in ef7 fect, and the performance targets for the pre8 vious fiscal year, as established under sub9 section (a)(1). 

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

11 include plain language descriptions of the elements 

12 required under paragraph (2) and information on 

13 the collection process, measurement methodology, 

14 completeness, accuracy, and validity of the perform15 ance information provided on the Website. 

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

17 Website shall include functionality to enable a user 

18 to search for performance information by street ad19 dress, ZIP Code, or post office box. 

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

21 the performance information provided on the 

22 Website available— 

23 ‘‘(A) in a manner that— 


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1 ‘‘(i) presents the information required 

2 under paragraph (2) on an interactive 

3 dashboard; 

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

5 and filtered by the elements described in 

6 paragraph (2); and 

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

8 any person or entity to download in bulk— 

9 ‘‘(I) such performance informa10 tion; and 

11 ‘‘(II) the results of a search by 

12 the elements described in paragraph 

13 (2); 

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

15 meaning given that term in section 3502 of title 

16 44; and 

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

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

19 the meaning given those terms in section 3502 

20 of title 44. 

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

22 regularly consult with the Postal Regulatory Com23 mission on appropriate features and information to 

24 be included on the Website. 


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

2 shall— 

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

4 implementation of the Website; and 

5 ‘‘(B) maintain a public feedback tool to en6 sure each feature of, and the information on, 

7 the Website is usable and understandable. 

8 ‘‘(8) DEADLINE.—The Postal Service shall im9 plement and make available to the public (and make 

10 any subsequent changes in accordance with sub11 section (b)) the Website not later than 60 days from 

12 the date on which the Postal Service receives the re13 quirements and recommendations from the Postal 

14 Regulatory Commission under subsection (b), and 

15 shall continuously update such information on the 

16 Website as required by subsection (b). 

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

18 description of the Website shall be made available on 

19 any webpage where performance targets and meas20 urements established under subsection (a)(1) are 

21 made available to the public. 

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

23 Postmaster General, or the Board, as applicable, 

24 shall reference the dashboard described in paragraph 

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1 tion 2803, the Annual Performance Report under 

2 section 2804, and the Annual Report under section 

3 2402. 

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

5 ‘‘(A) PERFORMANCE INFORMATION.—The 

6 term ‘performance information’ means the ob7 jective external performance measurements es8 tablished under section 3691(b)(1)(D). 

9 ‘‘(B) WEBSITE.—The term ‘Website’ 

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

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

13 States Code, is amended by inserting after the item relat14 ing to section 3691 the following: 

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

15 SEC. 202. INTEGRATED DELIVERY NETWORK. 

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

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

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

19 an integrated network for the delivery of market-dominant 

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

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

22 during weeks that include a Federal holiday, in emergency 

23 situations, such as natural disasters, or in geographic 

24 areas where the Postal Service has established a policy of 


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

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

3 (b) RULE OF CONSTRUCTION.—Nothing in sub4 section (a) or the amendment made by such subsection 

5 is intended to alter or amend the requirements of chapters 

6 20 or 36 of title 39, United States Code, and related im7 plementing regulations, including provisions relating to 

8 costing, accounting, or rates. 

9 SEC. 203. REVIEW OF POSTAL SERVICE COST ATTRIBUTION 

10 GUIDELINES. 

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

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

13 Commission shall initiate a review of the regulations 

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

15 title 39, United States Code, to determine whether revi16 sions are appropriate to ensure that all direct and indirect 

17 costs attributable to competitive and market-dominant 

18 products are properly attributed to those products, includ19 ing by considering the underlying methodologies in deter20 mining cost attribution and considering options to revise 

21 such methodologies. If the Commission determines, after 

22 notice and opportunity for public comment, that revisions 

23 are appropriate, the Commission shall make modifications 

24 or adopt alternative methodologies as necessary. 


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1 SEC. 204. RURAL NEWSPAPER SUSTAINABILITY. 

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

3 amended by striking ‘‘10 percent’’ and inserting ‘‘50 per4 cent’’. 

5 SEC. 205. FUNDING OF POSTAL REGULATORY COMMISSION. 

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

7 title 39, United States Code, is amended to read as fol8 lows: 

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

10 year (beginning with fiscal year 2022), the Postal Regu11 latory Commission shall submit to the Postal Service a 

12 budget of the Commission’s expenses, including expenses 

13 for facilities, supplies, compensation, and employee bene14 fits, for the following fiscal year. Any such budget shall 

15 be deemed approved as submitted if the Governors fail to 

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

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

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

19 by unanimous written decision, may adjust the total 

20 amount of funding requested in such budget. Nothing in 

21 this subparagraph may be construed to authorize the Gov22 ernors to adjust any activity proposed to be funded by the 

23 budget. 

24 ‘‘(B) If the Governors adjust the budget under sub25 paragraph (A), the Postal Regulatory Commission shall 

26 adjust the suballocations within such budget to reflect the 


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1 total adjustment made by the Governors. The budget shall 

2 be deemed approved on the date the Commission makes 

3 any such adjustments. The Commission may make further 

4 adjustments to the suballocations within such budget as 

5 necessary. 

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

7 under this subsection shall be paid out of the Postal Serv8 ice Fund established under section 2003.’’. 

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

10 States Code, is amended— 

11 (1) in section 2003(e), by striking ‘‘(B) all ex12 penses of the Postal Regulatory Commission, subject 

13 to the availability of amounts appropriated under 

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

15 the Postal Regulatory Commission, pursuant to sec16 tion 504(d);’’; and 

17 (2) in section 2009— 

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

19 and (2)’’; and 

20 (B) by striking ‘‘, and (3) the Postal Regu21 latory Commission requests to be appropriated, 

22 out of the Postal Service Fund, under section 

23 504(d) of this title’’. 

24 SEC. 206. FLATS OPERATIONS STUDY AND REFORM. 

25 (a) FLATS OPERATIONS STUDY.— 


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1 (1) IN GENERAL.—The Postal Regulatory Com2 mission, in consultation with the Inspector General 

3 of the United States Postal Service, shall conduct a 

4 study to— 

5 (A) comprehensively identify the causes of 

6 inefficiencies in the collection, sorting, transpor7 tation, and delivery of Flats; and 

8 (B) quantify the effects of the volume 

9 trends, investments decisions, excess capacity, 

10 and operational inefficiencies of the Postal 

11 Service on the direct and indirect costs of the 

12 Postal Service that are attributable to Flats. 

13 (2) POSTAL SERVICE ASSISTANCE.—For the 

14 purposes of carrying out the study under paragraph 

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

16 Postal Regulatory Commission, consult with the 

17 Postal Regulatory Commission and provide— 

18 (A) access to Postal Service facilities to 

19 personnel of the Postal Regulatory Commission; 

20 and 

21 (B) information and records necessary to 

22 conduct such study. 

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

24 date of the enactment of this Act, the Postal Regu25 latory Commission shall submit to Congress and the 


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1 Postmaster General a report on the findings of the 

2 study conducted under paragraph (1). 

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

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

5 standards described in the Domestic Mail Manual 

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

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

8 (b) FLATS OPERATIONS REFORM.— 

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

10 after the date on which the Postal Regulatory Com11 mission submits the report described in subsection 

12 (a)(3), the Postal Service shall— 

13 (A) develop and implement a plan to rem14 edy each inefficiency identified in the study con15 ducted under subsection (a)(1) to the extent 

16 practicable; and 

17 (B) if the Postal Service determines that 

18 remedying any such inefficiency is not prac19 ticable, provide to Congress and the Postal Reg20 ulatory Commission an explanation why rem21 edying such inefficiency is not practicable, in22 cluding whether it may become practicable to 

23 remedy such inefficiency at a later time. 


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1 (2) IMPLEMENTATION REQUIREMENTS.—Prior 

2 to implementing the plan described in paragraph 

3 (1)— 

4 (A) the Postal Regulatory Commission 

5 must approve the plan; and 

6 (B) the Postal Service shall provide an 

7 adequate opportunity for public comment on the 

8 plan. 

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

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

11 implemented, as determined by the Postmaster Gen12 eral, the Postmaster General shall submit to Con13 gress and the Postal Regulatory Commission a writ14 ten notice of such implementation. 

15 (c) SUBSEQUENT RATE ADJUSTMENTS.—During the 

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

17 Regulatory Commission submits a report under subsection 

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

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

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

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

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

23 remedying the inefficiencies identified in the study con24 ducted under subsection (a)(1). 


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1 SEC. 207. REPORTING REQUIREMENTS. 

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

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

4 thereafter, the Postmaster General shall submit to the 

5 President, the Postal Regulatory Commission, the Com6 mittee on Homeland Security and Governmental Affairs 

7 of the Senate, and the Committee on Oversight and Re8 form of the House of Representatives a report on the oper9 ations and financial condition of the Postal Service during 

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

11 which the Postmaster General submits such report. 

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

13 section shall include updates, details of changes from pre14 vious standards and requirements, and assessments of 

15 progress being made on the operations and financial con16 dition of the Postal Service, including— 

17 (1) the actual mail and package volume growth 

18 relative to any mail or package volume growth pro19 jections previously made or relied upon by the Postal 

20 Service, including a discussion of the reasons for the 

21 differences in projections and the associated adjust22 ments being made; 

23 (2) the effect of pricing changes on product vol24 ume for market-dominant and competitive products, 

25 and associated revenue effects on financial projec26 tions, including a discussion of the reasons behind 


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1 the differences in projections and associated adjust2 ments being made; 

3 (3) customer use of network distribution cen4 ters and processing and distribution centers; 

5 (4) the status of the USPS Connect program 

6 and revenue effects of the program on the financial 

7 projections; 

8 (5) the use of Priority Mail, Priority Mail Ex9 press, First-Class Package Service, and Parcel Se10 lect services (as such terms are defined in the Mail 

11 Classification Schedule as in effect on the date of 

12 the enactment of this Act) among customers and as13 sociated revenue effects; 

14 (6) the use of USPS Connect Returns service 

15 among customers, and associated costs and revenue 

16 effects; 

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

18 among customers, and associated costs and revenue 

19 effects; 

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

21 cost-effectiveness of the transportation network, in22 cluding the manner in which ground transportation 

23 is utilized over air transportation for types of mar24 ket-dominant products and competitive products; 


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1 (9) a review of efforts to enhance employee 

2 training, safety, and wellbeing, including associated 

3 effects on employee recruitment, satisfaction, and re4 tention; 

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

6 employee allocation, including changes of non-career 

7 employees to career status, and any associated im8 pacts to operational expenses and processing, trans9 portation, and delivery efficiency; 

10 (11) the rate of planned investment into Postal 

11 Service processing, transportation, and delivery 

12 equipment and infrastructure for market-dominant 

13 and competitive products, and a review of any asso14 ciated effects on operational expenses and efficiency; 

15 (12) changes to network distribution centers 

16 and the expansion of regional distribution centers, 

17 including costs associated with the changes and any 

18 realized reduction in operational expenses or im19 proved resource efficiencies; 

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

21 to meet performance targets established under sec22 tion 3692(a)(1) of title 39, United States Code; 

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

24 Service in achieving any new, self-funded invest25 ments, including the amounts realized and expended 


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

2 disparities in the assumptions regarding the ex3 pected progress of the Postal Service getting new, 

4 self-funded investments to accommodate changes; 

5 and 

6 (15) any other information the Postal Service 

7 determines relevant, such as barriers or unantici8 pated events, in order to help the Postal Regulatory 

9 Commission, Congress, the President, and the Amer10 ican public evaluate the success or difficulties faced 

11 by the Postal Service in implementing the reform 

12 plan. 

13 (c) CONFIDENTIAL INFORMATION.— 

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

15 this subsection shall be submitted in a form that ex16 cludes any proprietary or confidential information 

17 and trade secrets. 

18 (2) NOTIFICATION.—If the Postal Service de19 termines that any information must be excluded 

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

21 time of submitting the report, notify the President, 

22 the Committee on Oversight and Reform of the 

23 House of Representatives, the Committee on Home24 land Security and Governmental Affairs of the Sen25 ate, and the Postal Regulatory Commission in writVerDate Sep 11 2014 01:51 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.RHUC H3076

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1 ing of its determination and describe in detail the in2 formation for which confidentiality is sought and the 

3 reasons therefor. 

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

5 to the persons and entities notified under paragraph 

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

7 an annex that shall be treated as confidential in ac8 cordance with paragraph (4). 

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

10 to any information which such person receives under 

11 paragraph (4)— 

12 (A) use such information for purposes 

13 other than the purposes for which it is supplied; 

14 or 

15 (B) permit any person or entity other than 

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

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

18 information. 

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

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

21 report required by this section is submitted. 

22 SEC. 208. POSTAL SERVICE TRANSPORTATION SELECTION 

23 POLICY REVISIONS. 

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

25 amended— 


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

2 inserting ‘‘prompt, economical, consistent, and reli3 able’’; 

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

5 ‘‘in a manner that increases operational efficiency 

6 and reduces complexity’’; 

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

8 achieve’’; and 

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

10 SEC. 209. USPS INSPECTOR GENERAL OVERSIGHT OF POST11 AL REGULATORY COMMISSION. 

12 (a) IN GENERAL.—Section 8G of the Inspector Gen13 eral Act of 1978 (5 U.S.C. App.) is amended— 

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

15 Regulatory Commission,’’; and 

16 (2) in subsection (f)— 

17 (A) in paragraph (2)— 

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

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

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

22 ‘‘(B) In carrying out the duties and responsibil23 ities specified in this Act, the Inspector General of 

24 the United States Postal Service shall function as 

25 the Inspector General for the Postal Regulatory 


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1 Commission, and shall have equal responsibility over 

2 the United States Postal Service and the Postal 

3 Regulatory Commission. The Commission shall com4 ply with the Inspector General’s oversight as if the 

5 Commission were a designated Federal entity under 

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

7 were the inspector general of the Commission. The 

8 Governors of the Postal Service shall not direct over9 sight activities for the Postal Regulatory Commis10 sion.’’; 

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

12 ‘‘pertaining to the United States Postal Serv13 ice’’ after ‘‘subpoenas,’’; 

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

15 ‘‘and the Postal Regulatory Commission’’ after 

16 ‘‘United States Postal Service’’; 

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

18 the Postal Regulatory Commission’’ after ‘‘Gov19 ernors’’; 

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

21 and (6) as paragraphs (5), (6), and (7), respec22 tively; and 

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

24 following: 


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1 ‘‘(4) For activities pertaining to the Postal Reg2 ulatory Commission, sections 4, 5, 6 (other than 

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

4 applied by substituting the term ‘head of the Postal 

5 Regulatory Commission’ for ‘head of the establish6 ment’.’’. 

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

8 title 39, United States Code, is amended— 

9 (1) in subsection (e)(1), by striking ‘‘The Gov10 ernors shall appoint’’ and inserting ‘‘The Governors 

11 and the members of the Postal Regulatory Commis12 sion shall appoint, by a favorable vote of a majority 

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

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

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

16 members of the Postal Regulatory Commission’’ 

17 after ‘‘at least 7 Governors’’. 

18 (c) SAVINGS PROVISION.— 

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

20 personnel, documents, assets, unexpended balances 

21 of appropriations, and obligations of the Inspector 

22 General for the Postal Regulatory Commission shall 

23 transfer to the Inspector General of the Postal Serv24 ice on the effective date of this section. 


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1 (2) LEGAL DOCUMENTS.—Any order, deter2 mination, rule, regulation, permit, grant, loan, con3 tract, agreement, certificate, license, or privilege that 

4 has been issued, made, granted, or allowed to be5 come effective by the Inspector General of the Postal 

6 Regulatory Commission that is in effect on the effec7 tive date of this section shall continue in effect ac8 cording to their terms until modified, terminated, 

9 superseded, set aside, or revoked in accordance with 

10 law. 

11 (3) PROCEEDINGS.—This section and the 

12 amendments made by this section shall not affect 

13 any proceeding pending on the effective date of this 

14 section before the Inspector General of the Postal 

15 Regulatory Commission, but such proceeding shall 

16 be continued by the Inspector General of the Postal 

17 Service, at the discretion of that Inspector General. 

18 Nothing in this paragraph shall be construed to pro19 hibit the discontinuance or modification of any such 

20 proceeding under the same terms and conditions and 

21 to the same extent that the proceeding could have 

22 been discontinued or modified if this section and 

23 those amendments had not been enacted. 

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

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1 menced before the effective date of this section, and 

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

3 taken, and judgments rendered in the same manner 

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

5 amendments had not been enacted. 

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

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

8 delegation of authority, or any document relating to 

9 the Inspector General of the Postal Regulatory Com10 mission shall be deemed to refer to the Inspector 

11 General of the United States Postal Service. 

12 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

14 by striking subsection (h). 

15 (e) EFFECTIVE DATE.—This section and the amend16 ments made by this section shall take effect on the date 

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

18 TITLE III—SEVERABILITY 

19 SEC. 301. SEVERABILITY. 

20 If any provision of this Act or any amendment made 

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

22 or an amendment made by this Act to any person or cir23 cumstance, is held to be unconstitutional, the remainder 

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


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72 

HR 3076 RHUC

1 person or circumstance, shall not be affected by the hold2 ing. 

Passed the House of Representatives February 8, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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