,,ii ,calendar ,no4 #bff #aagth ,,congress #b;d ,session ,h4 ,r4 #cjgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #h 7legislative day1 ,february #c71 #bjbb,received2 read the first time ,february #i1 #bjbb,read the second time and placed on the calendar ,,an ,,act ,to provide stability to and enhance the services of the ,united ,states ,postal ,service1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,postal ,service ,reform ,act of #bjbb4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,title ,i--,postal ,service ,financial ,reforms,sec4 #aja4 ,postal ,service ,health ,benefits ,program4,sec4 #ajb4 ,,usps ,fairness ,act4,sec4 #ajc4 ,nonpostal services4,title ,,ii--,postal ,service ,operational ,reforms,sec4 #bja4 ,performance targets and transparency4,sec4 #bjb4 ,integrated delivery network4,sec4 #bjc4 ,review of ,postal ,service cost attribution guidelines4,sec4 #bjd4 ,rural newspaper sustainability4,sec4 #bje4 ,funding of ,postal ,regulatory ,commission4,sec4 #bjf4 ,flats operations study and reform4,sec4 #bjg4 ,reporting requirements4,sec4 #bjh4 ,postal ,service transportation selection policy revisions4,sec4 #bji4 ,,usps ,inspector ,general oversight of ,postal ,regulatory ,commission4,title ,,iii--,severability,sec4 #cja4 ,severability4 #b4 ,definitions 7a7 ,commission ,in this ,act1 the term ,commission means the ,postal ,regulatory ,commission4 7b7 ,terms defined in title #ci1 ,united ,states ,code ,in this ,act1 the terms competitive product1 market-dominant product1 and ,postal ,service have the meanings given those terms in section #ajb of title #ci1 ,united ,states ,code4 ,i ,postal ,service ,financial ,reforms #aja4 ,postal ,service ,health ,benefits ,program 7a7 ,establishment 7#a7 ,in general ,chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after section #hijc;b the following3 #hijc;c4 ,postal ,service ,health ,benefits ,program 7a7 ,definitions ,in this section-- 7#a7 the term covered ,medicare individual means an individual who is entitled to benefits under ,medicare part ,a1 but excluding an individual who is eligible to enroll under such part under section #ahah or #ahah;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#b1 #acie;i-#b;a72 7#b7 the term initial contract year means the contract year beginning in ,january of #bjbe2 7#c7 the term initial participating carrier means a carrier that enters into a contract with the ,office to participate in the ,program during the initial contract year2 7#d7 the term ,medicare part ,a means part ,a of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;c et seq472 7#e7 the term ,medicare part ,b means part ,b of title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;j et seq472 7#f7 the term ,office means the ,office of ,personnel ,management2 7#g7 the term ,postal ,service means the ,united ,states ,postal ,service2 7#h7 the term ,postal ,service annuitant means an annuitant enrolled in a health benefits plan under this chapter whose ,government contribution is required to be paid under section #hijf7;g77#b72 7#i7 the term ,postal ,service employee means an employee of the ,postal ,service enrolled in a health benefits plan under this chapter whose ,government contribution is paid by the ,postal ,service2 7#aj7 the term ,postal ,service ,medicare covered annuitant means an individual who-- 7,a7 is a ,postal ,service annuitant2 and 7,b7 is a covered ,medicare individual2 7#aa7 the term ,program means the ,postal ,service ,health ,benefits ,program established under subsection 7c7 within the ,federal ,employees ,health ,benefits ,program2 7#ab7 the term ,program plan means a health benefits plan offered under the ,program2 and 7#ac7 the definitions set forth in section #hija shall apply1 and for the purposes of applying such definitions in carrying out this section1 a ,postal ,service employee and ,postal ,service annuitant shall be treated in the same manner as an employee and an annuitant 7as those terms are defined in paragraphs 7#a7 and 7#c71 respectively1 of section #hija71 consistent with the requirements of this section4 7b7 ,application ,the requirements under this section shall-- 7#a7 apply to the initial contract year and each contract year thereafter2 and 7#b7 supersede any other provision of this chapter inconsistent with such requirements1 as determined by the ,office4 7c7 ,establishment of the ,postal ,service ,health ,benefits program 7#a7 ,in general 7,a7 ,establishment ,the ,office shall establish the ,postal ,service ,health ,benefits ,program within the ,federal ,employees ,health ,benefits ,program under this chapter1 under which the ,office may contract with carriers to offer health benefits plans as described under this section4 7,b7 ,applicability of chapter requirements to contracts ,except as otherwise provided in this section1 any contract described in subparagraph 7,a7 shall be consistent with the requirements of this chapter for contracts under section #hijb with carriers to offer health benefits plans other than under this section4 7,c7 ,program plans and participation ,the ,program shall-- 7i7 to the greatest extent practicable-- 7,i7 with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes1 in the contract year beginning in ,january #bjbc1 #a1ejj or more enrollees who are ,postal ,service employees or ,postal ,service annuitants1 include a plan offered by that carrier with equivalent benefits and cost-sharing requirements as provided under paragraph 7#b71 except that the ,director of the ,office may exempt any comprehensive medical plan from this requirement2 and 7,,ii7 include plans offered by any other carrier determined appropriate by the ,office2 7ii7 provide for enrollment in ,program plans of ,postal ,service employees and ,postal ,service annuitants1 in accordance with subsection 7d72 7iii7 provide for enrollment in a ,program plan as an individual1 for self plus one1 or for self and family2 and 7iv7 not provide for enrollment in a ,program plan of an individual who is not a ,postal ,service employee or ,postal ,service annuitant 7except as a member of family of such an employee or annuitant or as provided under paragraph 7#d774 7#b7 ,coverage with equivalent benefits and cost-sharing ,in the initial contract year1 the ,office shall ensure that each carrier participating in the ,program provides under the ,program plans offered by the carrier benefits and cost-sharing requirements that are equivalent to the benefits and cost-sharing requirements under the health benefits plans offered by the carrier under this chapter that are not ,program plans1 except that prescription drug benefits and cost-sharing requirements may differ between the ,program plans and other health benefits plans offered by the carrier under this chapter to the extent needed to integrate the ,medicare part ,d prescription drug benefits coverage required under subsection 7h77#b74 7#c7 ,applicability of ,federal ,employees ,health ,benefits ,program requirements ,except as otherwise set forth in this section1 the provisions of this chapter applicable to health benefits plans offered by carriers under section #hijc or #hijc;a shall apply to plans offered under the ,program4 7#d7 ,application of continuation coverage ,in accordance with rules established by the ,office1 section #hije;a shall apply to health benefits plans offered under this section in the same manner as such section applies to other health benefits plans offered under this chapter4 7d7 ,election of coverage ,each ,postal ,service employee and ,postal ,service annuitant who elects to receive health benefits coverage under this chapter-- 7#a7 shall be subject to the requirements of this section2 and 7#b7 may not enroll in any other health benefits plan offered under any other section of this chapter4 7e7 ,requirement of ,medicare enrollment for certain annuitants and their family members 7#a7 ,medicare covered annuitants ,except as provided under paragraph 7#c71 a ,postal ,service ,medicare covered annuitant may not enroll in a ,program plan unless the annuitant is entitled to benefits under ,medicare part ,a and enrolled in ,medicare part ,b4 7#b7 ,medicare covered family members ,except as provided under paragraph 7#c71 in the case of a ,postal ,service annuitant who is entitled to benefits under ,medicare part ,a and required under this subsection to enroll in ,medicare part ,b to enroll under the ,program1 if a member of family of such ,postal ,service annuitant is a covered ,medicare individual1 that member of family may not enroll under the ,program as a member of family of the ,postal ,service annuitant unless that member of family is entitled to benefits under ,medicare part ,a and enrolled in ,medicare part ,b4 7#c7 ,exceptions 7,a7 ,in general ,the requirements under paragraphs 7#a7 and 7#b71 as applicable1 shall not apply with respect to an individual in the following cases3 7i7 ,current ,postal ,service annuitants ,the individual1 as of ,january #a1 #bjbe1 is a ,postal ,service annuitant who is not both entitled to benefits under ,medicare part ,a and enrolled in ,medicare part ,b4 7ii7 ,current employees aged #fd and over ,the individual1 as of ,january #a1 #bjbe1 is a ,postal ,service employee and is at least #fd years of age4 7iii7 ,postal ,service ,medicare covered annuitants and family members residing abroad ,for any contract year with respect to which the individual is a ,postal ,service ,medicare covered annuitant or a member of family of a ,postal ,service ,medicare covered annuitant and resides outside the ,united ,states 7which includes the ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,northern ,mariana ,islands71 provided that the individual demonstrates such residency to the ,postal ,service in accordance with regulations issued by the ,postal ,service4 7iv7 ,postal ,service ,medicare covered annuitants and family members enrolled under ,,va coverage ,the individual-- 7,i7 is a ,postal ,service ,medicare covered annuitant or a member of family of a ,postal ,service ,medicare covered annuitant2 and 7,,ii7 is enrolled in health care benefits provided by the ,department of ,veterans ,affairs under subchapter ,,ii of chapter #ag of title #ch1 ,united ,states ,code4 7v7 ,postal ,service ,medicare covered annuitants and family members eligible for ,,ihs health services ,the individual-- 7,i7 is a ,postal ,service ,medicare covered annuitant or a member of family of a ,postal ,service ,medicare covered annuitant2 and 7,,ii7 is eligible for health services from the ,indian ,health ,service4 7,b7 ,regulations for ,,va and ,,ihs exceptions ,not later than #a year after the date of enactment of this section1 the ,office shall1 in consultation with the ,secretary of ,veterans ,affairs1 the ,secretary of ,health and ,human ,services1 and the ,postmaster ,general1 promulgate any regulations necessary to implement clauses 7iv7 and 7v7 of subparagraph 7,a74 7,c7 ,list of individuals residing abroad ,the ,postal ,service shall provide a list of individuals who satisfy the exception under subparagraph 7,a77iii7 to the ,office4 7#d7 ,process for information collection and dissemination ,the ,postal ,service and the ,office1 in consultation with the ,social ,security ,administration and the ,centers for ,medicare ,medicaid ,services1 shall establish a process that will enable the ,postal ,service to timely inform ,postal ,service employees1 ,postal ,service annuitants1 and members of family of such employees and annuitants of the requirements described in paragraphs 7#a7 and 7#b7 in order to be eligible to enroll in ,program plans under this section4 7f7 ,transitional open season 7#a7 ,definitions ,in this subsection-- 7,a7 the term current option1 with respect to an individual1 means the option under a plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year2 and 7,b7 the term current plan1 with respect to an individual1 means the plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year4 7#b7 ,automatic enrollment 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 in the case of an individual who is a ,postal ,service employee or ,postal ,service annuitant eligible to enroll in a ,program plan under subsection 7d71 who is enrolled in a current plan1 and who does not enroll in a ,program plan during the open season that immediately precedes the initial contract year1 the ,office shall automatically enroll the individual1 as of the start of the initial contract year1 in a ,program plan offered by the carrier of the individual's current plan4 7,b7 ,carriers offering multiple ,program plans or options ,if the carrier of the current plan of an individual described in subparagraph 7,a7 offers more than #a ,program plan or option1 the ,office1 in carrying out subparagraph 7,a71 shall automatically enroll the individual in the plan and option that provide coverage with equivalent benefits and cost sharing1 as described in subsection 7c77#b71 to the individual's current plan and current option4 7,c7 ,carriers not offering ,program plans ,if the carrier of the current plan of an individual described in subparagraph 7,a7 does not offer a ,program plan1 the ,office1 in carrying out subparagraph 7,a71 shall automatically enroll the individual in the lowest-cost nationwide plan option within the ,program that is not a high deductible health plan and does not charge an association or membership fee4 7g7 ,,opm regulations 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,director of the ,office shall issue regulations to carry out this section4 7#b7 ,consultation ,in issuing regulations under paragraph 7#a71 the ,director of the ,office shall consult1 as necessary1 with the ,secretary of ,health and ,human ,services1 the ,secretary of ,veterans ,affairs1 the ,commissioner of ,social ,security1 and the ,postmaster ,general4 7#c7 ,contents ,the regulations issued under paragraph 7#a7 shall include-- 7,a7 any provisions necessary to implement this section2 7,b7 a process under which ,postal ,service annuitants and affected family members are timely informed of the enrollment requirements and may request1 in writing1 any additional enrollment information2 7,c7 provisions under which a ,postal ,service employee or ,postal ,service annuitant enrolled under the ,program may request a belated change of plan and may be prospectively enrolled in the plan of the employee's or annuitant's choice2 and 7,d7 provisions for individuals to cancel coverage under the ,program in writing to the ,postal ,service because the individuals choose not to enroll in1 or to disenroll from1 ,medicare part ,b4 7h7 ,medicare coordination 7#a7 ,in general ,the ,office shall require each ,program plan to provide benefits for covered ,medicare individuals pursuant to a coordination of benefits method approved by the ,office4 7#b7 ,medicare part ,d prescription drug benefits ,the ,office shall require each ,program plan to provide prescription drug benefits to any ,postal ,service annuitant and member of family of such annuitant who is a part ,d eligible individual 7as defined in section #ahfj;,d-#a7;a77#c77;,a7 of the ,social ,security ,act7 through employment-based retiree health coverage 7as defined in section #ahfj;,d-#bb7;c77#a7 of such ,act7 through-- 7,a7 a prescription drug plan 7as defined in section #ahfj;,d-#da7;a77#ad7 of such ,act72 or 7,b7 contracts between such a ,program plan and ,,pdp sponsor1 as defined in section #ahfj;,d-#da7;a77#ac7 of such ,act1 of such a prescription drug plan4 7i7 ,postal service contribution 7#a7 ,in general ,subject to subsection 7k71 for purposes of applying section #hijf7;b7 to the ,postal ,service1 the weighted average shall be calculated in accordance with paragraphs 7#b7 and 7#c74 7#b7 ,weighted average calculation ,not later than ,october #a of each year 7beginning with #bjbd71 the ,office shall determine the weighted average of the rates established pursuant to subsection 7c77#b7 for ,program plans that will be in effect during the following contract year with respect to-- 7,a7 enrollments for self only2 7,b7 enrollments for self plus one2 and 7,c7 enrollments for self and family4 7#c7 ,weighting in computing rates for initial contract year ,in determining such weighted average of the rates for the initial contract year1 the ,office shall take into account 7for purposes of section #hijf7;a77#b77 the enrollment of ,postal ,service employees and annuitants in the health benefits plans offered by the initial participating carriers as of ,march #ca1 #bjbc4 7#d7 ,payment of late enrollment penalties ,the ,postal ,service may direct the ,office to pay the amounts required by an agreement between the ,united ,states ,postal ,service and the ,secretary of the ,department of ,health and ,human ,services under section #ahci7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7e77#a77 from the ,postal ,service ,retiree ,health ,benefits ,fund established under section #hiji;a until depleted and thereafter shall pay such amounts from the ,postal ,service ,fund established under section #bjjc of title #ci4 7j7 ,reserves 7#a7 ,separate reserves 7,a7 ,in general ,the ,office shall ensure that each ,program plan maintains separate reserves 7including a separate contingency reserve7 with respect to the enrollees in the ,program plan in accordance with section #hiji4 7,b7 ,applicability of section #hiji to contingency reserves ,all provisions of section #hiji relating to contingency reserves shall apply to contingency reserves of ,program plans in the same manner as to the contingency reserves of other plans under this chapter1 except to the extent that such provisions are inconsistent with the requirements of this subsection4 7,c7 ,references ,for purposes of the ,program1 each reference to the ,government in section #hiji shall be deemed to be a reference to the ,postal ,service4 7,d7 ,amounts to be credited ,the reserves 7including the separate contingency reserve7 maintained by each ,program plan shall be credited with a proportionate amount of the funds in the reserves for health benefits plans offered by the carrier4 7#b7 ,discontinuation of program plan ,in applying section #hiji7;e7 relating to a ,program plan that is discontinued1 the ,office shall credit the separate ,postal ,service contingency reserve maintained under paragraph 7#a7 for that plan only to the separate ,postal ,service contingency reserves of the ,program plans continuing under this chapter4 7k7 ,no effect on existing law ,nothing in this section shall be construed as affecting section #ajje7;f7 of title #ci regarding variations1 additions1 or substitutions to the provisions of this chapter4 7l7 ,health ,benefits ,education ,program 7#a7 ,definition ,in this subsection1 the term navigator means an employee of the ,postal ,service or of a contractor of the ,postal ,service who is designated by the ,postal ,service or contractor to carry out activities under paragraph 7#e74 7#b7 ,establishment ,not later than #ah months after the date of enactment of this section1 the ,postal ,service shall establish a ,health ,benefits ,education ,program4 7#c7 ,requirements ,in carrying out the ,health ,benefits ,education ,program established under paragraph 7#b71 the ,postal ,service shall-- 7,a7 notify ,postal ,service annuitants and ,postal ,service employees about the ,postal ,service ,health ,benefits ,program established under subsection 7c77#a72 7,b7 provide information regarding the ,postal ,service ,health ,benefits ,program and the requirements of this section to ,postal ,service annuitants and ,postal ,service employees1 including-- 7i7 a description of the health care options available under such ,program2 7ii7 the enrollment provisions of subsection 7d72 and 7iii7 the requirement that ,postal ,service annuitants and their family members be enrolled in ,medicare under subsection 7e72 7,c7 respond and provide answers to any inquiry from such employees and annuitants about the ,postal ,service ,health ,benefits ,program1 in consultation with the ,office as necessary2 7,d7 in consultation with the ,centers for ,medicare ,medicaid ,services and the ,social ,security ,administration1 provide information to individuals about enrollment under the ,medicare program under title ,,xviii of the ,social ,security ,act1 and refer individuals to the ,centers for ,medicare ,medicaid ,services and the ,social ,security ,administration as necessary for additional enrollment information2 and 7,e7 carry out1 or provide for through contract or other arrangement1 the activities described in paragraph 7#e74 7#d7 ,information 7,a7 ,information from ,,opm ,the ,office shall timely provide the ,postal ,service with such information as necessary to conduct the ,health ,benefits ,education ,program4 7,b7 ,coordination with ,,opm ,the ,postal ,service shall coordinate with the ,office1 in consultation with the ,centers for ,medicare ,medicaid ,services and the ,social ,security ,administration1 to obtain and confirm the accuracy of information as the ,postal ,service determines to be necessary to conduct the ,health ,benefits ,education ,program4 7#e7 ,navigator activities 7,a7 ,activities ,the activities described in this paragraph1 with respect to ,program plans and the health care options available under the ,program1 are the following3 7i7 ,educational activities for annuitants and employees of the ,postal ,service to raise awareness of the availability of ,program plans and requirements for enrolling in such plans1 including requirements to be entitled to ,medicare part ,a and enroll in ,medicare part ,b4 7ii7 ,distribution of fair and impartial information concerning enrollment in such plans4 7iii7 ,facilitation of enrollment in such plans4 7iv7 ,provision of information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the ,program plans4 7,b7 ,standards 7i7 ,in general ,the ,postal ,service shall establish standards for navigators carrying out the activities under this paragraph to-- 7,i7 engage in the navigator activities described in subparagraph 7,a72 and 7,,ii7 avoid conflicts of interest4 7ii7 ,contents ,the standards established under clause 7i7 shall provide that a navigator may not-- 7,i7 be a health insurance carrier2 or 7,,ii7 receive any consideration directly or indirectly from any health insurance carrier in connection with the enrollment of any individual in a ,program plan4 7,c7 ,fair and impartial information and services ,the ,postal ,service1 in consultation as necessary with the ,office and the ,centers for ,medicare ,medicaid ,services1 shall develop standards to ensure that information made available by navigators under this paragraph is fair1 accurate1 and impartial4 7#f7 ,regulations 7,a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,postmaster ,general shall issue regulations to establish the ,health ,benefits ,education ,program required under this subsection4 7,b7 ,contents ,the regulations issued under subparagraph 7,a7 shall include-- 7i7 provisions for the notification of ,postal ,service annuitants and ,postal ,service employees about the ,program1 including a description of the available health benefits options1 including a process for notifying ,postal ,service employees who become eligible for ,medicare part ,b and ,postal ,service ,medicare covered annuitants about their choices2 7ii7 provisions for notifying ,postal ,service annuitants1 ,postal ,service employees1 and their family members of the requirements under subsection 7e7 to enroll in ,medicare as a condition of eligibility to enroll in the ,program2 and 7iii7 a process1 developed in consultation with the ,social ,security ,administration1 the ,centers for ,medicare ,medicaid ,services1 and the ,office1 for addressing any inquiry from ,postal ,service annuitants and ,postal ,service employees about the ,program or ,medicare enrollment4 4 7#b7 ,technical and conforming amendments 7,a7 ,service benefit plans ,section #hijc7a7 of title #e1 ,united ,states ,code1 is amended by striking two levels of benefits and inserting at least #b levels of benefits for enrollees under this chapter generally and at least #b levels of benefits for enrollees under the ,postal ,service ,health ,benefits ,program established under section #hijc;c4 7,b7 ,table of sections ,the table of sections for chapter #hi of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #hijc;b the following3 #hijc;c4 ,postal ,service ,health ,benefits ,program4 4 7,c7 ,application to certain postal service annuitants or family members ,section #ahfb7;b77#a77;,e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7b77#a77;,e77 is amended by adding at the end the following3 7iv7 ,application to certain postal service annuitants or family members ,nothing in this paragraph shall prohibit a group health plan from determining an individual's eligibility to enroll in a health benefits plan offered under the ,postal ,service ,health ,benefits ,program under section #hijc;c of title #e1 ,united ,states ,code1 in accordance with subsection 7e7 of such section4 4 7b7 ,coordination with ,medicare 7#a7 ,part ,b special enrollment period ,section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep7 is amended by adding at the end the following new subsection3 7o7 7#a7 ,in the case of an individual who-- 7,a7 as of ,january #a1 #bjbd1 is-- 7i7 a ,postal ,service annuitant who is entitled to benefits under part ,a of title ,,xviii of the ,social ,security ,act1 but excluding an individual who is eligible to enroll under such part under section #ahah of such ,act or #ahah;,a of such ,act 7#db ,u4,s4,c4 #acie;i-#b1 #acie;i-#b;a72 or 7ii7 a member of family 7as defined in section #hija7e7 of title #e1 ,united ,states ,code7 of a ,postal ,service annuitant and is entitled to benefits under part ,a of title ,,xviii of the ,social ,security ,act1 but excluding an individual who is eligible to enroll under such part under section #ahah of such ,act or #ahah;,a of such ,act 7#db ,u4,s4,c4 #acie;i-#b1 #acie;i-#b;a72 and 7,b7 is not enrolled under this part1 the individual may elect to be enrolled under this part during a special enrollment period during the #f-month period beginning on ,april #a1 #bjbd4 7#b7 ,in this subsection1 the term ,postal ,service annuitant means an annuitant enrolled in a health benefits plan under chapter #hi of title #e1 ,united ,states ,code1 whose ,government contribution is required to be paid under section #hijf7;g77#b7 of such title4 4 7#b7 ,technical and conforming amendments 7,a7 ,part ,a enrollment ,section #ahah7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;i-#b7;c77 is amended1 in the matter preceding paragraph 7#a71 by striking 7except subsection 7f7 thereof7 and inserting 7except subsections 7f7 and 7o7 thereof74 7,b7 ,coverage period under part ,b ,section #ahch of the ,social ,security ,act 7#db ,u4,s4,c4 #acieq7 is amended by adding at the end the following3 7i7 ,notwithstanding subsection 7a71 in the case of an individual who enrolls during the special enrollment period pursuant to section #ahcg7o71 the coverage period shall begin on ,january #a1 #bjbe4 4 7#c7 ,treatment of part ,b late enrollment penalty for individuals enrolling during special enrollment period ,section #ahci7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acier7e77 is amended-- 7,a7 in paragraph 7#a71 by striking 7as defined in paragraph 7#c77;,a77 and by inserting 7as defined in paragraph 7#c77;,a77i774 ,the ,secretary shall enter into an agreement with the ,united ,states ,postal ,service under which the ,united ,states ,postal ,service agrees to pay on a quarterly or other periodic basis to the ,secretary 7to be deposited in the ,treasury to the credit of the ,federal ,supplementary ,medical ,insurance ,trust ,fund7 an amount equal to the amount of the part ,b late enrollment premium increases with respect to the premiums for eligible individuals 7as defined in paragraph 7#c77;,a77ii7742 and 7,b7 by amending paragraph 7#c77;,a7 to read as follows3 7,a7 ,the term eligible individual means an individual who is enrolled under this part ,b and who-- 7i7 in the case of an agreement entered into under the first sentence of paragraph 7#a71 is within a class of individuals specified in such agreement2 and 7ii7 in the case of an agreement entered into under the second sentence of paragraph 7#a71 is so enrolled under this part pursuant to the special enrollment period under section #ahcg7o7 4 7#d7 ,part ,d ,,egwp contracting conforming amendment ,section #ahfj;,d-#bb7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#acb7;b77 is amended by inserting before the period at the end the following3 81 and shall be applied in a manner to facilitate the offering of prescription drug benefits under a ,program plan under section #hijc;c of title #e1 ,united ,states ,code1 as required under subsection 7h77#b7 of such section1 through employment-based retiree health coverage through-- 87#a7 a prescription drug plan2 or 87#b7 contracts between such a ,program plan and the ,,pdp sponsor of such a prescription drug plan404 7c7 ,information sharing and dissemination required for special enrollment period and enforcement of part ,b enrollment requirements 7#a7 ,definitions ,in this subsection1 the terms ,medicare part ,a1 ,medicare part ,b1 ,office1 ,postal ,service1 and ,postal ,service annuitant have the meanings given those terms in section #hijc;c of title #e1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,information sharing by ,,opm ,the ,office shall1 by regulation1 establish a process for providing such information as is necessary to the ,social ,security ,administration regarding ,postal ,service annuitants 7and the family members of such annuitants7 who may be eligible to enroll under ,medicare part ,b during the special enrollment period described in subsection 7o7 of section #ahcg of the ,social ,security ,act 7#db ,u4,s4,c4 #aciep71 as added by subsection 7b71 or who may be subject to the enrollment requirements described in paragraphs 7#a7 and 7#b7 of section #hijc;c7e7 of title #e1 ,united ,states ,code1 as added by subsection 7a74 7#c7 ,information sharing by ,,ssa ,the ,social ,security ,administration shall provide to the ,office and the ,postal ,service information regarding whether a ,postal ,service annuitant1 or a family member of such an annuitant1 is entitled to benefits under ,medicare part ,a and enrolled under ,medicare part ,b1 to assist the ,office and the ,postal ,service in determining-- 7,a7 which ,postal ,service annuitants1 and family members of such annuitants1 may be eligible to enroll under ,medicare part ,b during the special enrollment period described in paragraph 7#b72 and 7,b7 whether ,postal ,service annuitants1 and family members of such annuitants1 satisfy the enrollment requirements described in paragraphs 7#a7 and 7#b7 of section #hijc;c7e7 of title #e1 ,united ,states ,code1 as added by subsection 7a74 7d7 ,funding 7#a7 ,,cms appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,centers for ,medicare ,medicaid ,services--,program ,management ,account1 out of any monies in the ,treasury not otherwise appropriated1 #g1ejj1jjj for fiscal year #bjbb1 to remain available until expended1 for purposes of carrying out this section1 including the amendments made by this section4 7#b7 ,,ssa appropriation 7,a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,social ,security ,administration1 out of any monies in the ,treasury not otherwise appropriated1 #af1jjj1jjj for fiscal year #bjbb1 to remain available until the date that is #a year after the last day of the special enrollment period described in subsection 7c77#b71 for purposes of carrying out this section1 with the exception of carrying out subsection 7c77#c7 for the purposes set forth in subsection 7c77#c77;,b71 including the amendments made by this section4 7,b7 ,relation to other appropriation ,the amounts appropriated under subparagraph 7,a7 shall be in addition to the ,social ,security ,administration's ,limitation on ,administrative ,expenditure appropriations4 7#c7 ,,opm appropriation ,in addition to amounts otherwise available1 there is appropriated to the ,office of ,personnel ,management1 out of any monies in the ,treasury not otherwise appropriated1 #gj1ejj1jjj for fiscal year #bjbb1 to remain available until expended1 for purposes of carrying out this section1 including the amendments made by this section4 7#d7 ,funds credited by postal service ,the ,united ,states ,postal ,service shall deposit an amount equal to the sum of the amounts appropriated under paragraphs 7#a71 7#b71 and 7#c7 into the ,treasury as a miscellaneous receipt from the ,postal ,service ,fund in fiscal year #bjbb4 7#e7 ,reimbursement for periodic ,,ssa data sharing 7,a7 ,inter-agency agreement ,the ,commissioner of ,social ,security shall enter into an agreement with the ,director of the ,office under which the ,director pays the ,commissioner from the ,postal ,service administrative reserve the full costs 7including systems and administrative costs7 of providing the information described in subsection 7c77#c7 for the purpose set forth in subsection 7c77#c77;,b74 7,b7 ,report to ,congress ,the ,director of the ,office-- 7i7 shall report the amount paid under subparagraph 7,a7 annually to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7ii7 may satisfy the requirement under clause 7i7 by including the amount paid under subparagraph 7,a7 in any other annual report submitted to ,congress4 #ajb4 ,,usps ,fairness ,act 7a7 ,short title ,this section may be cited as the ,,usps ,fairness ,act4 7b7 ,rational benefits funding and accounting 7#a7 ,in general ,section #hiji;a of title #e1 ,united ,states ,code1 is amended by striking subsection 7d7 and inserting the following3 7d7 7#a7 ,not later than ,june #cj1 #bjbf1 and by ,june #cj of each succeeding year1 the ,office shall compute1 for the most recently concluded fiscal year1 the amount 7if any7 that ,government contributions required to be paid from the ,fund under section #hijf7;g77#b77;,a7 exceeded the estimated net claims costs under the enrollment of the individuals described in section #hijf7;g77#b77;,a74 7#b7 ,not later than ,september #cj of each year in which the ,office makes a computation under paragraph 7#a71 the ,united ,states ,postal ,service shall pay into the ,fund the amount 7if any7 of the excess computed under such paragraph4 7e7 ,any computation required under section #cfed7;b7 of title #ci shall be based on-- 7#a7 the net present value of the future net claims costs with respect to-- 7,a7 current annuitants of the ,united ,states ,postal ,service as of the end of the fiscal year ending on ,september #cj of the relevant reporting year2 and 7,b7 current employees of the ,united ,states ,postal ,service who would1 as of ,september #cj of that year-- 7i7 be eligible to become annuitants pursuant to section #hija7c77;,a77i7 or 7ii72 and 7ii7 if they were retired as of that date1 meet the criteria for coverage of annuitants under section #hije7;b72 7#b7 economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the ,postal surplus or supplemental liability under section #hcdh7;h72 and 7#c7 any other methods and assumptions1 including a health care cost trend rate1 that the ,director of the ,office determines to be appropriate4 7f7 ,after consultation with the ,united ,states ,postal ,service1 the ,office shall promulgate any regulations the ,office determines necessary under this subsection4 7g7 ,for purposes of this section1 the term estimated net claims costs shall mean the difference between-- 7#a7 the sum of-- 7,a7 the estimated costs incurred by a carrier in providing health services to1 paying for health services provided to1 or reimbursing expenses for health services provided to1 annuitants of the ,united ,states ,postal ,service and any other persons covered under the enrollment of such annuitants2 and 7,b7 an amount of indirect expenses reasonably allocable to the provision1 payment1 or reimbursement described in subparagraph 7,a71 as determined by the ,office2 and 7#b7 the amount withheld from the annuity of or paid by annuitants of the ,united ,states ,postal ,service under section #hijf4 4 7#b7 ,clerical amendment ,the heading of section #hiji;a of title #e1 ,united ,states ,code1 is amended by striking ,benefit and inserting ,benefits4 7c7 ,application 7#a7 ,cancellation of payments ,any payment required from the ,postal ,service under section #hiji;a of title #e1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act that remains unpaid as of such date of enactment is canceled4 7#b7 ,effect of this ,act ,in any determination relating to the future liability for retiree health benefits of the ,united ,states ,postal ,service or the ,postal ,service ,retiree ,health ,benefits ,fund1 the ,office of ,personnel ,management shall take into account the actual and reasonably expected effects of this ,act4 7d7 ,use of funds from sale of real property for certain payments 7#a7 ,in general ,chapter #bi of title #ci1 ,united ,states ,code1 is amended by adding at the end the following3 #bijc4 ,use of funds from sale of property ,in the event that the ,postal ,service permanently ceases operations1 any funds derived from the sale of any real property owned by the ,postal ,service shall be used to pay any outstanding liability with respect to the salaries and expenses of any ,postal ,service employee4 ,the balance of any remaining funds shall be deposited into the ,postal ,service ,retiree ,health ,benefits ,fund established under section #hiji;a of title #e4 4 7#b7 ,clerical amendment ,the table of sections of such chapter is amended by adding after the item relating to section #bijb the following new item3 #bijc4 ,use of funds from sale of property4 4 #ajc4 ,nonpostal services 7a7 ,nonpostal services 7#a7 ,in general ,part ,,iv of title #ci1 ,united ,states ,code1 is amended by adding after chapter #cf the following3 #cg ,nonpostal ,services ,sec4 #cgja4 ,purpose4 #cgjb4 ,definitions4 #cgjc4 ,postal ,service program for ,state governments4 #cgjd4 ,postal ,service program for other ,government agencies4 #cgje4 ,transparency and accountability for nonpostal services4 #cgja4 ,purpose ,the purpose of this chapter is to enable the ,postal ,service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter4 #cgjb4 ,definitions ,in this chapter-- 7#a7 the term nonpostal services is limited to services offered by the ,postal ,service that are expressly authorized by this chapter and are not postal products or services2 7#b7 the term costs attributable has the meaning given such term in section #cfca2 7#c7 the term year means a fiscal year2 7#d7 the term local government means a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments1 or regional or interstate government entity2 7#e7 the term ,state government includes the government of the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states2 7#f7 the term tribal government means the government of an ,indian tribe1 as that term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7#g7 the term ,united ,states1 when used in a geographical sense1 means the ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 #cgjc4 ,postal ,service program for ,state governments 7a7 ,in general ,notwithstanding any other provision of this title1 the ,postal ,service may establish a program to enter into agreements with an agency of any ,state government1 local government1 or tribal government to provide property or nonpostal services to the public on behalf of such agencies for non-commercial purposes1 but only if-- 7#a7 such property or nonpostal services-- 7,a7 provide enhanced value to the public1 such as by lowering the cost or raising the quality of such services or by making such services more accessible2 7,b7 do not interfere with or detract from the value of postal services1 including by-- 7i7 harming the cost and efficiency of postal services2 and 7ii7 unreasonably restricting access to postal retail service1 such as customer waiting time and access to parking2 and 7#b7 such agreements provide a net contribution to the ,postal ,service1 defined as reimbursement that covers at least #ajj percent of the costs attributable to all property and nonpostal services provided under each relevant agreement in each year1 except that agreements determined to be substantially similar by the ,postal ,service with the concurrence of the ,postal ,regulatory ,commission shall be reviewed based on their collective revenue and costs attributable4 7b7 ,public notice ,not more than #ij days after offering a service under the program1 the ,postal ,service shall make available to the public on its website-- 7#a7 the agreement with the agency regarding such service2 and 7#b7 a business plan that describes the specific property or nonpostal service to be provided1 the enhanced value to the public1 and terms of reimbursement to the ,postal ,service4 7c7 ,approval required ,the ,postal ,service may not establish the program under subsection 7a7 unless the ,governors of the ,postal ,service approve such program by a recorded vote that is publicly disclosed on the ,postal ,service website with a majority of the ,governors then in office voting for approval4 7d7 ,confidential information ,subsection 7b7 shall not be construed as requiring the ,postal ,service to disclose to the public any information-- 7#a7 described in section #daj7;c72 or 7#b7 exempt from public disclosure under section #eeb7;b7 of title #e4 #cgjd4 ,postal ,service program for other ,government agencies ,the ,postal ,service may establish a program to provide property and nonpostal services to other ,government agencies within the meaning of section #daa1 but only if such program provides a net contribution to the ,postal ,service1 defined as reimbursement that covers at least #ajj percent of the costs attributable for property and nonpostal services provided by the ,postal ,service in each year to such agencies4 #cgje4 ,transparency and accountability for nonpostal services 7a7 ,annual report to the ,commission 7#a7 ,in general ,not later than #ij days after the last day of each year1 the ,postal ,service shall submit to the ,postal ,regulatory ,commission a report that analyzes costs1 revenues1 rates1 and quality of service for each agreement or substantially similar set of agreements for the provision of property or nonpostal services under section #cgjc or the program as a whole under section #cgjd1 and any other nonpostal service authorized under this chapter1 using such methodologies as the ,commission may prescribe1 and in sufficient detail to demonstrate compliance with the requirements of this chapter4 7#b7 ,supporting matter ,a report submitted under paragraph 7#a7 shall include any nonpublic annex1 the working papers1 and any other supporting matter of the ,postal ,service and the ,inspector ,general related to the information submitted in such report4 7b7 ,content and form of report 7#a7 ,in general ,the ,postal ,regulatory ,commission shall1 by regulation1 prescribe the content and form of the report required under subsection 7a74 ,in prescribing such regulations1 the ,commission shall give due consideration to-- 7,a7 providing the public with timely1 adequate information to assess compliance2 7,b7 avoiding unnecessary or unwarranted administrative effort and expense on the part of the ,postal ,service2 and 7,c7 protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under section #eeb7;b7 of title #e4 7#b7 ,revised requirements ,the ,commission may1 on its own motion or on request of any interested party1 initiate proceedings to improve the quality1 accuracy1 or completeness of ,postal ,service data required by the ,commission if-- 7,a7 the attribution of costs or revenues to property1 products1 or services under this chapter has become significantly inaccurate or can be significantly improved2 7,b7 the quality of service data provided to the ,commission for a report under this chapter has become significantly inaccurate or can be significantly improved2 or 7,c7 such revisions are1 in the judgment of the ,commission1 otherwise necessitated by the public interest4 7c7 ,audits ,the ,inspector ,general shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection 7a74 ,the results of any such audit shall be submitted to the ,postal ,service and the ,postal ,regulatory ,commission4 7d7 ,confidential information 7#a7 ,in general ,if the ,postal ,service determines that any document or portion of a document1 or other matter1 which it provides to the ,postal ,regulatory ,commission in a nonpublic annex under this section contains information described in section #daj7;c71 or exempt from public disclosure under section #eeb7;b7 of title #e1 the ,postal ,service shall1 at the time of providing such matter to the ,commission1 notify the ,commission of its determination1 in writing1 and describe with particularity the documents 7or portions of documents7 or other matter for which confidentiality is sought and the reasons therefor4 7#b7 ,treatment ,any information or other matter described in paragraph 7#a7 to which the ,commission gains access under this section shall be subject to paragraphs 7#b7 and 7#c7 of section #ejd7;g7 in the same way as if the ,commission had received notification with respect to such matter under section #ejd7;g77#a74 7e7 ,annual compliance determination 7#a7 ,opportunity for public comment ,upon receiving a report required under subsection 7a71 the ,postal ,regulatory ,commission shall promptly-- 7,a7 provide an opportunity for comment on such report by any interested party2 and 7,b7 appoint an officer of the ,commission to represent the interests of the general public4 7#b7 ,determination of compliance or noncompliance ,not later than #ij days after receiving a report required under subsection 7a71 the ,postal ,regulatory ,commission shall make a written determination as to whether the activities carried out pursuant to this chapter during the applicable year were or were not in compliance with the provisions of this chapter4 ,for purposes of this paragraph1 any case in which the requirements for coverage of costs attributable have not been met shall be considered to be a case of noncompliance4 ,if1 with respect to a year1 no instance of noncompliance is found to have occurred1 the determination shall be to that effect4 ,such determination of noncompliance shall be included with the annual compliance determination required under section #cfec4 7#c7 ,noncompliance ,if a timely written determination of noncompliance is made under paragraph 7#b71 the ,postal ,regulatory ,commission shall take appropriate action4 ,if the requirements for coverage of costs attributable specified by this chapter are not met1 the ,commission shall1 within #fj days after the determination1 prescribe remedial action to restore compliance as soon as practicable1 including the full restoration of revenue shortfalls during the following year4 ,the ,commission may order the ,postal ,service to discontinue a nonpostal service under section #cgjc that persistently fails to meet cost coverage requirements4 7#d7 ,deliberate noncompliance ,in the case of deliberate noncompliance by the ,postal ,service with the requirements of this chapter1 the ,postal ,regulatory ,commission may order1 based on the nature1 circumstances1 extent1 and seriousness of the noncompliance1 a fine 7in the amount specified by the ,commission in its order7 for each incidence of such noncompliance4 ,all receipts from fines imposed under this subsection shall be deposited in the general fund of the ,treasury4 7f7 ,regulations required ,the ,postal ,regulatory ,commission shall issue such regulations as are necessary to carry out this section4 7g7 ,experimental product authority ,the ,postal ,service may conduct market tests of agreements pursuant to section #cgjc and section #cgjd of this chapter subject to the same terms and conditions described in section #cfda of this title4 ,for the purposes of a market test1 the cost coverage requirements in sections #cgjc and #cgjd of this chapter shall not apply4 4 7#b7 ,clerical amendment ,the table of chapters for part ,,iv of title #ci1 ,united ,states ,code1 is amended by adding after the item relating to chapter #cf the following3 #cg4,nonpostal services#cgja 4 7b7 ,conforming amendments 7#a7 ,section #djd ,section #djd7;e7 of title #ci1 ,united ,states ,code1 is amended in paragraph 7#b71 by inserting after subsection the following3 1 or any nonpostal products or services authorized by chapter #cg4 7#b7 ,section #daa ,the last sentence of section #daa of title #ci1 ,united ,states ,code1 is amended by striking including reimbursability and inserting including reimbursability within the limitations of chapter #cg4 7#c7 ,treatment of existing nonpostal services ,all individual nonpostal services1 provided directly or through licensing1 that are continued pursuant to section #djd7;e7 of title #ci1 ,united ,states ,code1 shall be considered to be expressly authorized by chapter #cg of such title 7as added by subsection 7a77#a77 and shall be subject to the requirements of section #cgje1 subsections 7a7 through 7d74 ,,ii ,postal ,service ,operational ,reforms #bja4 ,performance targets and transparency 7a7 ,in general ,subchapter ,,vii of chapter #cf of title #ci1 ,united ,states ,code1 is amended by inserting after section #cfia the following3 #cfib4 ,performance targets and transparency 7a7 ,performance targets ,each year1 to ensure that mail service for postal customers meets the service standards for market-dominant products1 established under section #cfia1 the ,postal ,service shall-- 7#a7 not later than #fj days after the beginning of the fiscal year in which they will apply1 establish and provide to the ,postal ,regulatory ,commission reasonable targets for performance for each product2 and 7#b7 provide the previous fiscal year's performance targets in its ,annual ,compliance ,report to the ,postal ,regulatory ,commission for evaluation of compliance for each product4 7b7 ,postal regulatory commission determination of certain performance information ,not later than #ij days after first receiving the performance targets under subsection 7a77#a71 the ,postal ,regulatory ,commission shall provide to the ,postal ,service-- 7#a7 requirements for the ,postal ,service to publish nationwide1 regional1 and local delivery area performance information in accordance with subsection 7c77#b7 that-- 7,a7 are consistent with the organizational structure of the delivery network of the ,postal ,service 7including at the ,district and ,area organizational levels1 or the functional equivalents1 and1 to the extent practicable1 at the ,u4,s4 ,,zip ,code ,area level72 7,b7 reflect the most granular geographic level of performance information appropriate for the ,postal ,service to publish2 and 7,c7 includes time period segments for the published geographic levels to satisfy the publishing requirements of subparagraphs 7,a7 and 7,c7 of subsection 7c77#b72 and 7#b7 recommendations for any modifications to the ,postal ,service's measurement systems necessary to measure and publish the performance information under subsection 7c77#b7 that the ,postal ,regulatory ,commission deems relevant4 7c7 ,public performance dashboard 7#a7 ,in general ,the ,postal ,service shall develop and maintain a publicly available ,website with an interactive web-tool that provides performance information for market-dominant products that is updated on a weekly basis4 7#b7 ,performance information ,the performance information provided for a market-dominant product on the ,website shall include-- 7,a7 the type of market-dominant product2 7,b7 performance information for different geographic areas1 consistent with subsection 7b72 7,c7 performance information for different time periods1 including annual1 quarterly1 monthly1 and weekly segments2 7,d7 comparisons of performance information for market-dominant products to performance information for previous time periods to facilitate identification of performance trends2 and 7,e7 the performance targets then in effect1 and the performance targets for the previous fiscal year1 as established under subsection 7a77#a74 7#c7 ,comprehensibility ,the ,website shall include plain language descriptions of the elements required under paragraph 7#b7 and information on the collection process1 measurement methodology1 completeness1 accuracy1 and validity of the performance information provided on the ,website4 7#d7 ,address search functionality ,the ,website shall include functionality to enable a user to search for performance information by street address1 ,,zip ,code1 or post office box4 7#e7 ,format ,the ,postal ,service shall make the performance information provided on the ,website available-- 7,a7 in a manner that-- 7i7 presents the information required under paragraph 7#b7 on an interactive dashboard2 7ii7 is searchable and may be sorted and filtered by the elements described in paragraph 7#b72 and 7iii7 to the extent practicable1 enables any person or entity to download in bulk-- 7,i7 such performance information2 and 7,,ii7 the results of a search by the elements described in paragraph 7#b72 7,b7 under an open license which has the meaning given that term in section #cejb of title #dd2 and 7,c7 as an open ,government data asset and in a machine-readable format which have the meaning given those terms in section #cejb of title #dd4 7#f7 ,consultation ,the ,postal ,service shall regularly consult with the ,postal ,regulatory ,commission on appropriate features and information to be included on the ,website4 7#g7 ,public input ,the ,postal ,service shall-- 7,a7 solicit public input on the design and implementation of the ,website2 and 7,b7 maintain a public feedback tool to ensure each feature of1 and the information on1 the ,website is usable and understandable4 7#h7 ,deadline ,the ,postal ,service shall implement and make available to the public 7and make any subsequent changes in accordance with subsection 7b77 the ,website not later than #fj days from the date on which the ,postal ,service receives the requirements and recommendations from the ,postal ,regulatory ,commission under subsection 7b71 and shall continuously update such information on the ,website as required by subsection 7b74 7#i7 ,availability ,a link and plain language description of the ,website shall be made available on any webpage where performance targets and measurements established under subsection 7a77#a7 are made available to the public4 7#aj7 ,reporting ,the ,postal ,service1 the ,postmaster ,general1 or the ,board1 as applicable1 shall reference the dashboard described in paragraph 7#e77;,a77i7 in the ,annual ,performance ,plan under section #bhjc1 the ,annual ,performance ,report under section #bhjd1 and the ,annual ,report under section #bdjb4 7#aa7 ,definitions ,in this subsection-- 7,a7 ,performance information ,the term performance information means the objective external performance measurements established under section #cfia7;b77#a77;,d74 7,b7 ,website ,the term ,website means the website described in paragraph 7#a74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #ci1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfia the following3 #cfib4 ,performance targets and transparency4 4 #bjb4 ,integrated delivery network 7a7 ,in general ,section #aja7;b7 of title #ci1 ,united ,states ,code1 is amended by inserting before ,the ,postal ,service the following3 ,the ,postal ,service shall maintain an integrated network for the delivery of market-dominant and competitive products 7as defined in chapter #cf of this title74 ,delivery shall occur at least six days a week1 except during weeks that include a ,federal holiday1 in emergency situations1 such as natural disasters1 or in geographic areas where the ,postal ,service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the ,postal ,service ,reform ,act of #bjbb44 7b7 ,rule of construction ,nothing in subsection 7a7 or the amendment made by such subsection is intended to alter or amend the requirements of chapters #bj or #cf of title #ci1 ,united ,states ,code1 and related implementing regulations1 including provisions relating to costing1 accounting1 or rates4 #bjc4 ,review of ,postal ,service cost attribution guidelines ,not later than the date that is one year after the date of the enactment of this ,act1 the ,postal ,regulatory ,commission shall initiate a review of the regulations issued pursuant to sections #cfcc7;a7 and #cfeb7;a77#a7 of title #ci1 ,united ,states ,code1 to determine whether revisions are appropriate to ensure that all direct and indirect costs attributable to competitive and market-dominant products are properly attributed to those products1 including by considering the underlying methodologies in determining cost attribution and considering options to revise such methodologies4 ,if the ,commission determines1 after notice and opportunity for public comment1 that revisions are appropriate1 the ,commission shall make modifications or adopt alternative methodologies as necessary4 #bjd4 ,rural newspaper sustainability ,section #cfbf7;h7 of title #ci1 ,united ,states ,code1 is amended by striking #aj percent and inserting #ej percent4 #bje4 ,funding of ,postal ,regulatory ,commission 7a7 ,in general ,subsection 7d7 of section #ejd of title #ci1 ,united ,states ,code1 is amended to read as follows3 7d7 7#a7 ,not later than ,september #a of each fiscal year 7beginning with fiscal year #bjbb71 the ,postal ,regulatory ,commission shall submit to the ,postal ,service a budget of the ,commission's expenses1 including expenses for facilities1 supplies1 compensation1 and employee benefits1 for the following fiscal year4 ,any such budget shall be deemed approved as submitted if the ,governors fail to adjust the budget in accordance with paragraph 7#b74 7#b7 7,a7 ,not later than #cj days after receiving a budget under paragraph 7#a71 the ,governors holding office1 by unanimous written decision1 may adjust the total amount of funding requested in such budget4 ,nothing in this subparagraph may be construed to authorize the ,governors to adjust any activity proposed to be funded by the budget4 7,b7 ,if the ,governors adjust the budget under subparagraph 7,a71 the ,postal ,regulatory ,commission shall adjust the suballocations within such budget to reflect the total adjustment made by the ,governors4 ,the budget shall be deemed approved on the date the ,commission makes any such adjustments4 ,the ,commission may make further adjustments to the suballocations within such budget as necessary4 7#c7 ,expenses incurred under any budget approved under this subsection shall be paid out of the ,postal ,service ,fund established under section #bjjc4 4 7b7 ,conforming amendments ,title #ci1 ,united ,states ,code1 is amended-- 7#a7 in section #bjjc7;e71 by striking 7,b7 all expenses of the ,postal ,regulatory ,commission1 subject to the availability of amounts appropriated under section #ejd7;d72 and inserting 7,b7 all expenses of the ,postal ,regulatory ,commission1 pursuant to section #ejd7;d722 and 7#b7 in section #bjji-- 7,a7 by striking 1 7#b7 and inserting 1 and 7#b72 and 7,b7 by striking 1 and 7#c7 the ,postal ,regulatory ,commission requests to be appropriated1 out of the ,postal ,service ,fund1 under section #ejd7;d7 of this title4 #bjf4 ,flats operations study and reform 7a7 ,flats operations study 7#a7 ,in general ,the ,postal ,regulatory ,commission1 in consultation with the ,inspector ,general of the ,united ,states ,postal ,service1 shall conduct a study to-- 7,a7 comprehensively identify the causes of inefficiencies in the collection1 sorting1 transportation1 and delivery of ,flats2 and 7,b7 quantify the effects of the volume trends1 investments decisions1 excess capacity1 and operational inefficiencies of the ,postal ,service on the direct and indirect costs of the ,postal ,service that are attributable to ,flats4 7#b7 ,postal service assistance ,for the purposes of carrying out the study under paragraph 7#a71 the ,postal ,service shall1 upon request by the ,postal ,regulatory ,commission1 consult with the ,postal ,regulatory ,commission and provide-- 7,a7 access to ,postal ,service facilities to personnel of the ,postal ,regulatory ,commission2 and 7,b7 information and records necessary to conduct such study4 7#c7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,postal ,regulatory ,commission shall submit to ,congress and the ,postmaster ,general a report on the findings of the study conducted under paragraph 7#a74 7#d7 ,flats defined ,in this subsection1 the term ,flats means products that meet the physical standards described in the ,domestic ,mail ,manual 7as in effect on the date of the enactment of this ,act7 for ,flats mail for any class of mail4 7b7 ,flats operations reform 7#a7 ,in general ,not later than six months after the date on which the ,postal ,regulatory ,commission submits the report described in subsection 7a77#c71 the ,postal ,service shall-- 7,a7 develop and implement a plan to remedy each inefficiency identified in the study conducted under subsection 7a77#a7 to the extent practicable2 and 7,b7 if the ,postal ,service determines that remedying any such inefficiency is not practicable1 provide to ,congress and the ,postal ,regulatory ,commission an explanation why remedying such inefficiency is not practicable1 including whether it may become practicable to remedy such inefficiency at a later time4 7#b7 ,implementation requirements ,prior to implementing the plan described in paragraph 7#a7-- 7,a7 the ,postal ,regulatory ,commission must approve the plan2 and 7,b7 the ,postal ,service shall provide an adequate opportunity for public comment on the plan4 7#c7 ,completion notice ,on the date on which the plan described in paragraph 7#a7 is fully implemented1 as determined by the ,postmaster ,general1 the ,postmaster ,general shall submit to ,congress and the ,postal ,regulatory ,commission a written notice of such implementation4 7c7 ,subsequent rate adjustments ,during the five-year period beginning on the date on which the ,postal ,regulatory ,commission submits a report under subsection 7a77#c71 the ,postal ,service1 when making any adjustment to the rate of a market-dominant product 7as defined in section #ajb of title #ci1 ,united ,states ,code71 shall consider the findings of such report and1 after the plan described in subsection 7b77#a7 is implemented1 the plan's efficacy in remedying the inefficiencies identified in the study conducted under subsection 7a77#a74 #bjg4 ,reporting requirements 7a7 ,in general ,not later than #bdj days after the date of the enactment of this ,act1 and every six months thereafter1 the ,postmaster ,general shall submit to the ,president1 the ,postal ,regulatory ,commission1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,reform of the ,house of ,representatives a report on the operations and financial condition of the ,postal ,service during the six-month period ending #fj days before the date on which the ,postmaster ,general submits such report4 7b7 ,contents ,each report submitted under this section shall include updates1 details of changes from previous standards and requirements1 and assessments of progress being made on the operations and financial condition of the ,postal ,service1 including-- 7#a7 the actual mail and package volume growth relative to any mail or package volume growth projections previously made or relied upon by the ,postal ,service1 including a discussion of the reasons for the differences in projections and the associated adjustments being made2 7#b7 the effect of pricing changes on product volume for market-dominant and competitive products1 and associated revenue effects on financial projections1 including a discussion of the reasons behind the differences in projections and associated adjustments being made2 7#c7 customer use of network distribution centers and processing and distribution centers2 7#d7 the status of the ,,usps ,connect program and revenue effects of the program on the financial projections2 7#e7 the use of ,priority ,mail1 ,priority ,mail ,express1 ,first-,class ,package ,service1 and ,parcel ,select services 7as such terms are defined in the ,mail ,classification ,schedule as in effect on the date of the enactment of this ,act7 among customers and associated revenue effects2 7#f7 the use of ,,usps ,connect ,returns service among customers1 and associated costs and revenue effects2 7#g7 the use of ,,usps ,e-,commerce ,marketplace among customers1 and associated costs and revenue effects2 7#h7 updates on the reliability1 efficiency1 and cost-effectiveness of the transportation network1 including the manner in which ground transportation is utilized over air transportation for types of market-dominant products and competitive products2 7#i7 a review of efforts to enhance employee training1 safety1 and wellbeing1 including associated effects on employee recruitment1 satisfaction1 and retention2 7#aj7 a review of efforts being made to improve employee allocation1 including changes of non-career employees to career status1 and any associated impacts to operational expenses and processing1 transportation1 and delivery efficiency2 7#aa7 the rate of planned investment into ,postal ,service processing1 transportation1 and delivery equipment and infrastructure for market-dominant and competitive products1 and a review of any associated effects on operational expenses and efficiency2 7#ab7 changes to network distribution centers and the expansion of regional distribution centers1 including costs associated with the changes and any realized reduction in operational expenses or improved resource efficiencies2 7#ac7 a review of the ability of the ,postal ,service to meet performance targets established under section #cfib7;a77#a7 of title #ci1 ,united ,states ,code2 7#ad7 a discussion of the progress of the ,postal ,service in achieving any new1 self-funded investments1 including the amounts realized and expended to date1 and a discussion of the reasons behind any disparities in the assumptions regarding the expected progress of the ,postal ,service getting new1 self-funded investments to accommodate changes2 and 7#ae7 any other information the ,postal ,service determines relevant1 such as barriers or unanticipated events1 in order to help the ,postal ,regulatory ,commission1 ,congress1 the ,president1 and the ,american public evaluate the success or difficulties faced by the ,postal ,service in implementing the reform plan4 7c7 ,confidential information 7#a7 ,in general ,the report required under this subsection shall be submitted in a form that excludes any proprietary or confidential information and trade secrets4 7#b7 ,notification ,if the ,postal ,service determines that any information must be excluded under paragraph 7#a71 the ,postal ,service shall1 at the time of submitting the report1 notify the ,president1 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,postal ,regulatory ,commission in writing of its determination and describe in detail the information for which confidentiality is sought and the reasons therefor4 7#c7 ,annexes ,the ,postal ,service shall submit to the persons and entities notified under paragraph 7#b7 any information excluded under paragraph 7#a7 in an annex that shall be treated as confidential in accordance with paragraph 7#d74 7#d7 ,treatment ,no person may1 with respect to any information which such person receives under paragraph 7#d7-- 7,a7 use such information for purposes other than the purposes for which it is supplied2 or 7,b7 permit any person or entity other than a person or entity notified under paragraph 7#b71 or the staff thereof1 to have access to any such information4 7d7 ,termination ,this section shall terminate on the date that is five years after the date on which the first report required by this section is submitted4 #bjh4 ,postal ,service transportation selection policy revisions ,section #aja7;f7 of title #ci1 ,united ,states ,code1 is amended-- 7#a7 by striking prompt and economical and inserting prompt1 economical1 consistent1 and reliable2 7#b7 by inserting after all mail the following3 in a manner that increases operational efficiency and reduces complexity2 7#c7 by inserting cost-effective after to achieve2 and 7#d7 by inserting also after ,nation shall4 #bji4 ,,usps ,inspector ,general oversight of ,postal ,regulatory ,commission 7a7 ,in general ,section #h;,g of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in subsection 7a77#b71 by striking the ,postal ,regulatory ,commission12 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#b7-- 7i7 by striking 7#b7 ,in carrying and inserting 7#b77;,a7 ,in carrying2 and 7ii7 by adding at the end the following3 7,b7 ,in carrying out the duties and responsibilities specified in this ,act1 the ,inspector ,general of the ,united ,states ,postal ,service shall function as the ,inspector ,general for the ,postal ,regulatory ,commission1 and shall have equal responsibility over the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission4 ,the ,commission shall comply with the ,inspector ,general's oversight as if the ,commission were a designated ,federal entity under subsection 7a77#b7 and as if the ,inspector ,general were the inspector general of the ,commission4 ,the ,governors of the ,postal ,service shall not direct oversight activities for the ,postal ,regulatory ,commission4 2 7,b7 in paragraph 7#c77;,a77i71 by inserting pertaining to the ,united ,states ,postal ,service after subpoenas12 7,c7 in paragraph 7#c77;,b77i71 by inserting and the ,postal ,regulatory ,commission after ,united ,states ,postal ,service2 7,d7 in paragraph 7#c77;,c71 by inserting or the ,postal ,regulatory ,commission after ,governors2 7,e7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7,f7 by inserting after paragraph 7#c7 the following3 7#d7 ,for activities pertaining to the ,postal ,regulatory ,commission1 sections #d1 #e1 #f 7other than subsection 7g7 thereof71 and #g of this ,act shall be applied by substituting the term head of the ,postal ,regulatory ,commission for head of the establishment4 4 7b7 ,appointment and removal ,section #bjb of title #ci1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a71 by striking ,the ,governors shall appoint and inserting ,the ,governors and the members of the ,postal ,regulatory ,commission shall appoint1 by a favorable vote of a majority of the ,governors in office and of a majority of the members of the ,commission in office12 and 7#b7 in subsection 7e77#c71 by inserting and #c members of the ,postal ,regulatory ,commission after at least #g ,governors4 7c7 ,savings provision 7#a7 ,personnel1 documents1 assets ,all personnel1 documents1 assets1 unexpended balances of appropriations1 and obligations of the ,inspector ,general for the ,postal ,regulatory ,commission shall transfer to the ,inspector ,general of the ,postal ,service on the effective date of this section4 7#b7 ,legal documents ,any order1 determination1 rule1 regulation1 permit1 grant1 loan1 contract1 agreement1 certificate1 license1 or privilege that has been issued1 made1 granted1 or allowed to become effective by the ,inspector ,general of the ,postal ,regulatory ,commission that is in effect on the effective date of this section shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law4 7#c7 ,proceedings ,this section and the amendments made by this section shall not affect any proceeding pending on the effective date of this section before the ,inspector ,general of the ,postal ,regulatory ,commission1 but such proceeding shall be continued by the ,inspector ,general of the ,postal ,service1 at the discretion of that ,inspector ,general4 ,nothing in this paragraph shall be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this section and those amendments had not been enacted4 7#d7 ,suits ,this section and the amendments made by this section shall not affect any suit commenced before the effective date of this section1 and in any such suit1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section or such amendments had not been enacted4 7#e7 ,references ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document relating to the ,inspector ,general of the ,postal ,regulatory ,commission shall be deemed to refer to the ,inspector ,general of the ,united ,states ,postal ,service4 7d7 ,technical and conforming amendment ,section #ejd of title #ci1 ,united ,states ,code1 is amended by striking subsection 7h74 7e7 ,effective date ,this section and the amendments made by this section shall take effect on the date that is #ahj days after the date of enactment of this ,act4 ,,iii ,severability #cja4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4 ,passed the ,house of ,representatives ,february #h1 #bjbb4;,cheryl ,l4 ,johnson1,clerk4 ,february #i1 #bjbb,read the second time and placed on the calendar