I 
118TH CONGRESS 
2D SESSION 
H. R. 9839 
To amend title 39, United States Code, to modernize the Postal Service 
regulations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2024 
Mr. LATURNER introduced the following bill; which was referred to the 
Committee on Oversight and Accountability 
A BILL 
To amend title 39, United States Code, to modernize the 
Postal Service regulations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MODERNIZING POSTAL REGULATIONS. 
(a) COST AND EFFICIENCY REFORMS.— 
(1) IN GENERAL.—Section 3622(d) of title 39, 
United States Code, is amended— 
(A) in paragraph (1)(A), by striking ‘‘to be 
set by’’ and all that follows and inserting the 
following: ‘‘equal to the amount that is the dif-
ference between— 
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‘‘(i) the percentage change in the 
Consumer Price Index for All Urban Con-
sumers unadjusted for seasonal variation 
over the most recent available 12-month 
period preceding the date the Postal Serv-
ice files notice of its intention to increase 
rates; and 
‘‘(ii) a percentage determined by the 
Commission to be sufficient to ensure that 
the rate of cost growth of the Postal Serv-
ice will be significantly less than the per-
centage change described in clause (i) (but 
not less than zero);’’; and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) REVISIONS.—In revising the system as 
permitted by subsection (a), the Postal Regulatory 
Commission shall make no change which would 
cause the revised system to be inconsistent with this 
section.’’. 
(2) REGULATIONS.—Not later than 60 days 
after the date of the enactment of this Act, the Post-
al Regulatory Commission shall issue such regula-
tions as are necessary to carry out section 
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3622(d)(1)(A) of title 39, United States Code, as 
amended by this subsection. 
(b) SANCTIONS FOR CERTAIN FAILURES OF SERV-
ICE.— 
(1) IN GENERAL.—Subchapter VII of chapter 
36 of title 39, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 3693. Sanctions. 
‘‘(a) IN GENERAL.—If, pursuant to section 3653 or 
a complaint proceeding conducted pursuant to section 
3662, the Postal Regulatory Commission determines that 
the Postal Service failed to meet a target established 
under section 3692 and that such failure is a covered fail-
ure, the Commission may reduce the maximum amount 
by which the Postal Service may adjust the rates for the 
market-dominant products affected by such failure under 
section 3622, except that such reduction may not cause 
such maximum amount to be less than zero. In making 
such determination, the Commission shall consider evi-
dence of losses incurred by users of the product or prod-
ucts concerned as a result of the failure. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN
GENERAL.—A reduction under sub-
section (a) to the maximum amount by which the 
Postal Service may adjust the rates for a market- 
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dominant product under section 3622 shall apply 
only with respect to— 
‘‘(A) the first implementation of such an 
adjustment for such market-dominant product 
occurring during the period beginning on the 
date on which the Postal Regulatory Commis-
sion makes such reduction and ending on the 
date on which Commission determines that the 
Postal Service is meeting the target established 
under section 3692 with respect to which the 
Commission made such reduction; and 
‘‘(B) each subsequent implementation of 
such an adjustment for such market-dominant 
product occurring during such period to the ex-
tent determined appropriate by the Commis-
sion. 
‘‘(2) SUBSEQUENT
IMPLEMENTATION
DETER-
MINATION.—In making the determination described 
in paragraph (1)(B) with respect to a reduction for 
a failure described in subsection (a), the Postal Reg-
ulatory Commission shall consider evidence of losses 
incurred by users of each product affected by such 
failure. 
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‘‘(c) COVERED FAILURE DEFINED.—In this section, 
the term ‘covered failure’ means a failure to meet a target 
established under section 3692— 
‘‘(1) that is not the result of a natural disaster 
or another disruptive event the cause of which was 
outside the control of the Postal Service; 
‘‘(2) that has persisted for a material period of 
time; and 
‘‘(3) with respect to which the Postal Service 
does not have a credible plan for achieving and 
maintaining performance sufficient to meet the tar-
geted level within a reasonable time.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 36 of title 39, United States Code, 
is amended by inserting after the item relating to 
section 3692 the following: 
‘‘3693. Sanctions.’’. 
(c) 
IMPROVING
CHANGE-IN-SERVICE
PROCE-
DURES.—Section 3661 of title 39, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘When the’’ and insert 
‘‘(1) When the’’; 
(B) by striking ‘‘advisory opinion’’ and in-
serting ‘‘a decision’’; and 
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change in the nature of postal services implied by 
the plan or initiative and, to the extent necessary, 
justify the underlying plan or initiative in a hearing 
before the Commission. 
‘‘(ii) Each hearing under clause (i) shall be con-
ducted in accordance with sections 556 and 556 of 
title 5. 
‘‘(3) Each decision of the Postal Regulatory 
Commission under this subsection shall be trans-
mitted to the Governors of the Postal Service. The 
Governors may accept the decision or, by unanimous 
written decision, reject the decision and adopt the 
original proposal of the Postal Service, in the case 
of a request by the Postal Service for a decision, or 
approve the plan or initiative found by the Commis-
sion to have required a decision under paragraph 
(2). The decision of the Governors shall be a final 
order for purposes of section 3663 of this title. If 
the Governors have not acted upon a Commission 
decision within 60 days of receiving it, the Commis-
sion decision will be deemed a final order for pur-
poses of section 3663 of this title.’’; and 
(2) in subsection (c)— 
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(A) by inserting ‘‘designated pursuant to 
section 505 of this title’’ after ‘‘officer of the 
Commission’’; and 
(B) by striking ‘‘his judgment’’ and insert-
ing ‘‘the judgment of such Commissioner’’. 
(d) ONE
RATE
INCREASE
ANNUALLY.—Section 
3622(d)(1)(B) of title 39, United States Code, is amended 
by inserting after ‘‘amounts’’ the following: ‘‘, except that 
rates may not change more frequently than once every 12 
months’’. 
(e) LIMIT ON UNDERWATER SURCHARGES.—Section 
3622(d)(2) of title 39, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(D) USE OF RATE AUTHORITY FOR NON- 
COMPENSATORY CLASSES.— 
‘‘(i) 
LIMITATION.—Notwithstanding 
paragraph (1)(A), the Commission may au-
thorize the Postal Service to increase the 
rates for a non-compensatory class in ex-
cess of annual limitation under paragraph 
(1)(A) if— 
‘‘(I) the change in the attrib-
utable cost (as such term is defined in 
section 3631) per piece of mail for 
such class does not exceed the annual 
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limitation under paragraph (1)(A), as 
determined using year-to-year com-
parable costing methodologies; 
‘‘(II) in the immediately pre-
ceding fiscal year, the Postal Service 
has— 
‘‘(aa) pursuant to section 
3652 and without the use of any 
proxy data not approved by the 
Commission, directly measured 
and reported the compliance of 
the Postal Service with the tar-
gets established under section 
3692 for each product in such 
class for such fiscal year; and 
‘‘(bb) met each such target 
for such fiscal year; and 
‘‘(III) no target described in sub-
clause (II) for the immediately pre-
ceding fiscal year was reduced from 
the preceding fiscal year. 
‘‘(ii) NON-COMPENSATORY CLASS DE-
FINED.—In this subparagraph, the term 
‘non-compensatory class’ means a class of 
mail for which the attributable costs (as 
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defined in section 3631(b)) of the Postal 
Service exceed revenues of the Postal Serv-
ice attributable to such class of mail.’’. 
(f) CASE-SPECIFIC OBJECTIVES.—Section 3622 of 
title 39, United States Code, is amended— 
(1) in subsection (b), in the matter preceding 
paragraph (1), by inserting ‘‘, and all of which shall 
be applied to each class or type of mail service and 
product’’ after ‘‘others’’; and 
(2) in subsection (c), in the matter preceding 
paragraph (1), by inserting after ‘‘such system,’’ the 
following: ‘‘or when evaluating whether a class or 
type of mail service or product complies with the ap-
plicable provisions of this chapter and the regula-
tions issues under such provisions,’’. 
(g) RETAINED EARNINGS FROM COST SAVINGS.— 
Section 3622(b)(5) of title 39, United States Code, is 
amended by inserting after ‘‘retained earnings’’ the fol-
lowing: ‘‘resulting from improvements in efficiency or re-
ductions in cost only’’. 
(h) OFFICE OF THE CUSTOMER ADVOCATE.— 
(1) IN
GENERAL.—Section 505 of title 39, 
United States Code, is amended to read as follows: 
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‘‘§ 505. Office of the Customer Advocate 
‘‘(a) IN GENERAL.—The Postal Regulatory Commis-
sion shall establish in the Postal Regulatory Commission 
an Office of the Customer Advocate (in this section re-
ferred to as the ‘Office’). 
‘‘(b) REPRESENTATION.— 
‘‘(1) IN GENERAL.—The Office shall represent 
the interests of the general public in all public pro-
ceedings of the Commission, including the interests 
of customers of market-dominant products and 
classes. 
‘‘(2) RIGHTS AND LIMITS.— 
‘‘(A) IN GENERAL.—The Office— 
‘‘(i) shall have the same right as any 
interested person to lodge a complaint with 
or petition the Commission, or otherwise 
seek to have the Commission initiate a 
public proceeding, including rulemakings; 
and 
‘‘(ii) is subject to the same ex parte 
rules and limitations as any other litigant 
with respect to communication with the 
Commission, Commissioners, and the advi-
sory staff of the Commission. 
‘‘(B) REPRESENT
CONFLICTING
INTER-
EST.— 
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‘‘(i) IN
GENERAL.—The Office may 
represent conflicting interests of the gen-
eral public in a public proceeding of the 
Commission to the extent that the head of 
the Office determines necessary for the Of-
fice to effectively represent the interests of 
the general public in such proceeding. 
‘‘(ii) SEPARATE REPRESENTATIVES.— 
If the Office is representing conflicting in-
terests of the general public in a public 
proceeding of the Commission, the head of 
the Office shall ensure that such con-
flicting interests are represented by dif-
ferent individuals to the extent and in such 
manner as the head of the Office deter-
mines necessary for the Office to effec-
tively represent the interests of the general 
public in such proceeding. 
‘‘(3) OFFICE
AUTONOMY.—The Commission 
may not terminate or otherwise take adverse employ-
ment action against any employee of or individual 
detailed to the Office based on the representation of 
the interests of the general public by such employee 
or detailee as an employee of or detailee to the Of-
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fice, respectively, in a public proceeding of the Com-
mission, except for cause. 
‘‘(c) RESEARCH AUTHORITY.—The Office may— 
‘‘(1) conduct research and policy development 
for the purposes of representing the interests of the 
general public, including research and policy develop-
ment that is unrelated to a specific proceeding of the 
Commission; and 
‘‘(2) subject to the availability of funds, obtain 
the temporary or intermittent services of experts or 
consultants for such purposes. 
‘‘(d) OUTSIDE CONSULTATION.—The Office shall 
consult with outside persons and organizations whose 
postal interests are relevant to the mission of the Office, 
including those persons and organizations that are actual 
or potential litigants before the Commission. 
‘‘(e) RATE AND CLASSIFICATION INQUIRY.—The Of-
fice shall inquire into the rates and classifications of com-
petitive products only to the extent necessary to evaluate 
compliance with sections 3622(b)(8) and 3622(b)(9) of 
this title, subchapter II of chapter 36 of this title, and 
the regulations issued under such subchapter. 
‘‘(f) OFFICE STAFF.—The Commission shall ensure 
that, to the extent practicable, the Office has employees 
of a sufficient quantity and quality for the Office to effec-
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tively carry out the responsibilities of the Office under this 
section, including by maximizing the duration of the detail 
of individuals detailed to the Office.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 5 of title 39, United States Code, 
is amended by striking the item relating to section 
505 and inserting the following: 
‘‘505. Office of the Customer Advocate.’’. 
(i) COMPLAINT PROCESS IMPROVEMENT.—Section 
3662 of title 39, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘The Postal’’ and 
inserting ‘‘With respect to a complaint 
received under subsection (a), the 
Postal’’; and 
(II) by striking ‘‘, within 90 days 
after receiving a complaint under sub-
section (a)’’; and 
(ii) in subparagraph (A)— 
(I) by striking clause (i) and in-
serting the following: 
‘‘(i) begin proceedings on such com-
plaint— 
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‘‘(I) immediately after the expira-
tion of the period described in para-
graph (3) if the Commission finds 
that such complaint raises material 
issues of fact or law and no motion 
described in clause (ii) with respect to 
such complaint is filed in such period; 
‘‘(II) immediately after the Com-
mission denies all motions described 
in clause (ii) with respect to such 
complaint that were filed during the 
period described in paragraph (3) if 
the Commission finds that such com-
plaint raises material issues of fact or 
law and all such motions are denied 
not later than 45 days after the date 
on which the Commission received 
such complaint under such subsection; 
or 
‘‘(III) not later than 45 days 
after the date on which the Commis-
sion receives such complaint under 
such subsection if subclause (I) and 
(II) do not apply with respect to such 
complaint; or’’; and 
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(II) in clause (ii)— 
(aa) 
by 
inserting 
before 
‘‘issue’’ the following: ‘‘if the 
Commission finds that, after con-
sideration of any motion assert-
ing that such complaint raises no 
material issues of law or fact, 
that such complaint raises no 
such issue, upon making such 
finding’’; and 
(bb) by inserting ‘‘within 45 
days after receiving such com-
plaint under such subsection’’ 
after ‘‘dismissing the complaint’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) PROMPT MOTIONS.—A motion described in 
subparagraph (A)(ii) with respect to a complaint 
may only be filed during the 25-day period begin-
ning on date on which such complaint is filed, or 
during such shorter period as the Postal Regulatory 
Commission may prescribed by regulation.’’; and 
(2) in subsection (c)— 
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(A) by striking ‘‘or requiring’’ and insert-
ing ‘‘requiring’’; and 
(B) by inserting after ‘‘competitive prod-
ucts’’ the following: ‘‘or, upon a finding that 
the Postal Service has unreasonably delayed the 
proceeding, ordering reimbursement consistent 
with section 3681’’. 
(j) REIMBURSEMENT OF UNLAWFUL RATES; PEN-
ALTY FOR UNREASONABLE DELAY.—Section 3681 of title 
39, United States Code, is amended— 
(1) by striking ‘‘No mailer’’ and inserting ‘‘(a) 
No mailer’’; 
(2) by striking ‘‘through 3664 of this title, or 
is superseded by a lower rate or fee established 
under subchapter II of this chapter’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b)(1)(A) If the Postal Regulatory Commissions de-
termines that a rate or fee for a product is unlawful in 
a review conducted pursuant to section 3653 of this title 
or in a complaint proceeding conducted pursuant to sec-
tion 3662 of this title, the Commission shall order the 
price increase authority for such product and all other 
products in the class of mail containing such product to 
be reduced (but not below zero) for the next following 
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price adjustment and each succeeding price adjustments 
until the amount of foregone revenue is equal to amount 
of revenue received by the Postal Service from the portion 
of such rate or fee that exceeded the lawful amount such 
rate or fee. 
‘‘(B) In this paragraph, the term ‘foregone revenue’ 
means the difference between— 
‘‘(i) the revenue that the Postal Service would 
have received from the sale of the products subject 
to an order under subparagraph (A) during the pe-
riod that the Postal Service is unable to increase the 
prices of such products pursuant to such order if— 
‘‘(I) the Commission had not issued such 
order; and 
‘‘(II) the rate or fee for the product with 
the unlawful rate or fee for which the Commis-
sion issued such order was the maximum lawful 
rate or fee for such product at the time the 
Commission issued such order; and 
‘‘(ii) the revenue the Postal Service receives 
from the sale of the products subject to such order 
during such period. 
‘‘(2)(A) In a complaint proceeding conducted pursu-
ant to section 3662 of this title, if the Postal Regulatory 
Commission finds that the Postal Service has unreason-
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ably delayed the proceeding, the Commission may order 
a reduction in the price increase authority for the product 
or products whose rate or fee it has determined to be un-
lawful to the extent that the unreasonable delay caused 
by the Postal Service has extended the time during which 
users of such product or products have paid the unlawful 
rate or fee. 
‘‘(B) A reduction under subparagraph (A) shall be 
in addition to any reduction under paragraph (1). 
‘‘(C) The Commission shall include in an order under 
subparagraph (A) with respect to the unreasonably delay 
of a proceeding an explanation of the basis for the deter-
mination of the Commission regarding the time such pro-
ceeding would have required absent such unreasonable 
delay.’’. 
(k) MAIL VOLUME SYSTEM OBJECTIVE.—Section 
3622(b) of title 39, United States Code, is amended— 
(1) by redesignating paragraph (9) as para-
graph (10); and 
(2) by inserting after paragraph (8) the fol-
lowing new paragraph: 
‘‘(9) To maintain and, to the extent practicable, 
increase the volume of market-dominant mail, with 
due regard to total contribution to the institutional 
costs of the Postal Service.’’. 
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(l) NEW PRODUCT DEFINITION CRITERIA.—Section 
3642(b)(3) of title 39, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) the importance of paragraphs (7), 
(8), and (11) of section 3622(c) of this title in 
the appropriate definition of market-dominant 
products.’’. 
(m) MAIL VOLUME ESTIMATION MODEL.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Post-
al Regulatory Commission shall develop a model for 
estimating the demand for postal services. 
(2) INDEPENDENT DEVELOPMENT.—The Com-
mission may not consider any models for estimating 
demand developed by the Postal Service when devel-
oping the model required under this subsection. 
(3) PUBLIC
COMMENT.—In developing the 
model required under this subsection, the Postal 
Regulatory Commission shall solicit and provide ade-
quate opportunity for public comment regarding the 
model. 
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(4) REGULATIONS.—The Postal Regulatory 
Commission may issue such regulations, after notice 
and comment in accordance with section 553 of title 
5, United States Code, as the Commission deter-
mines necessary to develop the model required under 
this subsection. 
(5) EXPERT ADVISORS.—The Commission may 
obtain the temporary or intermittent services of ex-
perts or consultants to facilitate the development of 
the model required under this subsection. 
(n) LABOR
DISPUTE
ARBITRATION
CONSIDER-
ATIONS.—Section 1207(c)(2) of title 39, United States 
Code, is amended by inserting after ‘‘they may elect.’’ the 
following: ‘‘When making a decision, the arbitration board 
shall consider the current and, to the extent practicable, 
projected financial condition of the Postal Service in addi-
tion to any other relevant considerations.’’. 
SEC. 2. INVESTMENT OF THE POSTAL SERVICE RETIREE 
HEALTH BENEFITS FUNDS. 
Section 8909a(c) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘(c) The Secretary’’ and insert-
ing ‘‘(c)(1) Subject to paragraph (2), the Sec-
retary’’; and 
(2) by adding at the end the following: 
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‘‘(2)(A) The Secretary of the Treasury shall im-
mediately invest a specified percentage of the Fund, 
using one or more qualified professional asset man-
agers, in index funds modeled after those established 
under subparagraphs (B), (C), (D), and (E) of sec-
tion 8438(b)(1). The Secretary shall ensure, to the 
maximum extent practicable, that the investment 
replicates the performance of the longest-term target 
date asset allocation investment fund established by 
the Federal Retirement Thrift Investment Board. 
‘‘(B) In exercising authority under subpara-
graph (A), including in the selection of specific 
qualified professional asset managers and in the de-
velopment of specific investment guidelines to meet 
the requirement of such subparagraph, the Secretary 
shall consult with the Postal Service Retiree Health 
Benefits Fund Investment Committee. 
‘‘(C)(i) There is established a Postal Service 
Retiree Health Benefits Fund Investment Com-
mittee that shall consist of— 
‘‘(I) the Secretary; 
‘‘(II) the Chair of the Board of Governors 
of the United States Postal Service; 
‘‘(III) the Chairman of the Federal Retire-
ment Thrift Investment Board; and 
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‘‘(IV) two members, appointed by the 
President, who— 
‘‘(aa) shall represent the interests of 
Postal Service employees and annuitants; 
‘‘(bb) have experience and expertise in 
the management of financial investments 
and Postal Service employee benefits; and 
‘‘(cc) shall serve for a term of 3 years. 
‘‘(ii) Subsections (b)(1) and (c)(2) of section 
8477 shall apply with respect to the Postal Service 
Retiree Health Benefits Fund Investment Com-
mittee and each member of the Postal Service Re-
tiree Health Benefits Fund Investment Committee 
in the same manner as such subsections apply to a 
fiduciary with respect to the Thrift Savings Fund. 
‘‘(D)(i) The Secretary shall annually engage an 
independent qualified public accountant (as defined 
in section 8439) to audit and provide a report on the 
financial statements of the investments made pursu-
ant to subparagraph (A). 
‘‘(ii) Not later than 180 days after the end of 
each fiscal year beginning after the date of the en-
actment of this paragraph, the Secretary shall sub-
mit to Congress an annual management report re-
garding the Fund that includes— 
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