H.R. 3076 — what changed

“8903c. Postal Service Health Benefits Program

“(a) Definitions—In this section—

“(1) the term covered Medicare individual means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is eligible to enroll under such part under section 1818 or 1818A of the Social Security Act (42 U.S.C. 1395i–2, 1395i–2a);

changed “(2) the term initial contract year means the contract year beginning in January of 2023;2025;

changed “(3) the term initial participating carrier means a carrier that enters into a contract with the Office to participate in the Postal Service Health Benefits Program during the initial contract year;

“(4) the term Medicare part A means part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);

“(5) the term Medicare part B means part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.);

“(6) the term Office means the Office of Personnel Management;

“(7) the term Postal Service means the United States Postal Service;

changed “(8) the term Postal Service annuitant means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is paid pursuant required to the requirements of be paid under section 8906(g)(2);

“(9) 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 Service;

“(10) the term Postal Service Medicare covered annuitant means an individual who—

“(A) is a Postal Service annuitant; and

“(B) is a covered Medicare individual;

changed “(11) the term Program means the Postal Service Health Benefits Program established under subsection (c) within the Federal Employees Health Benefit Benefits Program;

“(12) the term Program plan means a health benefits plan offered under the Program; and

changed “(13) the terms definitions set forth in section 8901 shall apply.apply, and for the purposes of applying such definitions in carrying out this section, a Postal Service employee and Postal Service annuitant shall be treated in the same manner as an employee and an annuitant (as those terms are defined in paragraphs (1) and (3), respectively, of section 8901), consistent with the requirements of this section.

“(b) Application—The requirements under this section shall—

“(1) apply to the initial contract year and each contract year thereafter; and

changed “(2) supersede any other provision of this chapter inconsistent with such requirements, as determined by the Office of Personnel Management.Office.

changed “(c) Establishment of the Postal Service Health Benefits Programprogram

changed “(1) In general—The Office shall establish the Postal Service Health Benefits Program under which the Office contracts with carriers to offer health benefits plans as described under this section. Except as otherwise provided in this section, any such contract shall be consistent with the requirements of this chapter for contracts under section 8902 with carriers to offer health benefits plans other than under this section. The Program shall—general

changed “(A) to Establishment—The Office shall establish the greatest extent practicable, include Postal Service Health Benefits Program within the Federal Employees Health Benefits Program under this chapter, under which the Office may contract with carriers to offer health benefits plans offered by—as described under this section.

changed “(i) each carrier for which the total enrollment “(B) Applicability of chapter requirements to contracts—Except as otherwise provided in this section, any contract described in subparagraph (A) shall be consistent with the requirements of this chapter for contracts under section 8902 with carriers to offer health benefits plans provided other than under this chapter includes, in the contract year beginning in January 2022, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants; andsection.

changed “(ii) any other carrier determined appropriate by the Office;“(C) Program plans and participation—The Program shall—

changed “(B) be available for participation by Postal Service employees and Postal Service annuitants, in accordance with subsection (d);“(i) to the greatest extent practicable—

changed “(C) provide for “(I) with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants, include a plan as an individual, for self plus one, or for self offered by that carrier with equivalent benefits and family; cost-sharing requirements as provided under paragraph (2), except that the Director of the Office may exempt any comprehensive medical plan from this requirement; and

changed “(D) not be available for participation “(II) include plans offered by an individual who is not a Postal Service employee or Postal Service annuitant (except as a member of family of such an employee or annuitant or as provided under paragraph (5)).any other carrier determined appropriate by the Office;

changed “(2) Separate Postal Service risk pool—The Office shall ensure that each “(ii) provide for enrollment in Program plan includes rates that reasonably and equitably reflect the cost of benefits provided to a risk pool consisting solely plans of Postal Service employees, employees and Postal Service annuitants, and covered members of family of such employees and annuitants (regardless of the health plan, coverage, or benefit program in which such an employee, annuitant, or member of family is enrolled), taking into specific account the change in benefits cost for the Program plan due to the Medicare enrollment requirements under subsection (e) and any savings or subsidies resulting from accordance with subsection (f).(d);

changed “(3) Actuarially equivalent coverage—The Office shall ensure that each carrier participating “(iii) provide for enrollment in the Postal Service Health Benefits Program provides coverage under the a Program plans offered by the carrier that is actuarially equivalent, plan as determined by the Office, to the coverage that the carrier provides under the health benefits plans offered by the carrier under this chapter that are not Program plans.an individual, for self plus one, or for self and family; and

changed “(4) Applicability “(iv) not provide for enrollment in a Program plan of federal employees health benefits program requirements—Except an individual who is not a Postal Service employee or Postal Service annuitant (except as otherwise set forth in this section, all provisions a member of this chapter applicable to health benefits plans offered by carriers under section 8903 family of such an employee or 8903a shall apply to plans offered annuitant or as provided under the Program.paragraph (4)).

changed “(5) Application of continuation coverage—In accordance “(2) Coverage with rules established by equivalent benefits and cost-sharing—In the Office, section 8905a initial contract year, the Office shall apply 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 section in chapter that are not Program plans, except that prescription drug benefits and cost-sharing requirements may differ between the same manner as such section applies to Program plans and other health benefits plans offered by the carrier under this chapter.chapter to the extent needed to integrate the Medicare part D prescription drug benefits coverage required under subsection (h)(2).

changed “(d) Election “(3) Applicability of coverageFederal Employees Health Benefits Program requirements—Except as otherwise set forth in this section, the provisions of this chapter applicable to health benefits plans offered by carriers under section 8903 or 8903a shall apply to plans offered under the Program.

changed “(1) In general—Except as provided “(4) Application of continuation coverage—In accordance with rules established by the Office, section 8905a shall apply to health benefits plans offered under this section in paragraph (2), each Postal Service employee and Postal Service annuitant who elects the same manner as such section applies to receive other health benefits coverage plans offered under this chapter—chapter.

changed “(A) shall be subject to the requirements “(d) Election of coverage—Each Postal Service employee and Postal Service annuitant who elects to receive health benefits coverage under this section; andchapter—

changed “(B) may not enroll in any other health benefits plan offered under any other section “(1) shall be subject to the requirements of this chapter.section; and

changed “(2) Exceptionsmay not enroll in any other health benefits plan offered under any other section of this chapter.

changed “(A) Lack of geographic coverage—An individual who is a Postal Service employee or Postal Service annuitant may enroll in a health benefits plan offered under any other section “(e) Requirement of this chapter if the individual resides in a geographic area Medicare enrollment for which there is not a Program plan in which the individual may enroll.certain annuitants and their family members

changed “(B) Annuitants “(1) Medicare covered annuitants—Except as of program inceptionprovided under paragraph (3), 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 B.

changed “(i) Current medicare “(2) Medicare covered annuitantsfamily members—Except as provided under paragraph (3), 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 Program, if a member of family of such Postal Service annuitant is a covered Medicare individual, 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 B.

changed “(I) In general—Subject to subclause (II), in the case of an individual who, as of January 1, 2023, is a Postal Service Medicare covered annuitant who has not enrolled in both Medicare part A and Medicare part B, such individual may enroll in a health benefits plan offered under any other section of this chapter, and may not enroll in a Program plan.“(3) Exceptions

changed “(II) Program plan enrollment following Medicare parts A and B enrollment—In the case of an individual described in subclause (I) who subsequent to January 1, 2023, is enrolled in both Medicare part A and Medicare part B, beginning with the first contract year beginning after the date such individual is enrolled in both Medicare part A “(A) In general—The requirements under paragraphs (1) and Medicare part B, subclause (I) (2), as applicable, shall no longer not apply with respect to such individual and such an individual may receive health benefits under this chapter only through a Program plan.in the following cases:

changed “(ii) Pre-medicare annuitants“(i) Current Postal Service annuitants—The individual, as of January 1, 2025, is a Postal Service annuitant who is not both entitled to benefits under Medicare part A and enrolled in Medicare part B.

changed “(I) In general—Subject to subclause (II), an individual who, “(ii) Current employees aged 64 and over—The individual, as of January 1, 2023, 2025, is a Postal Service annuitant employee and is not a Postal Service Medicare annuitant (for a reason other than eligibility to enroll in Medicare part A under section 1818 or 1818A of the Social Security Act) may enroll in either a Program plan or in a health benefits plan offered under any other section at least 64 years of this chapter.age.

changed “(II) Exception—In the case of an individual described in subclause (I) who enrolls in a Program plan for “(iii) Postal Service Medicare covered annuitants and family members residing abroad—For any contract year beginning on or after the date on with respect to which the individual becomes is a Postal Service Medicare covered annuitant, beginning with such contract year, subclause (I) shall no longer apply to annuitant or a member of family of a Postal Service Medicare covered annuitant and resides outside the individual United States (which includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands), provided that the individual may receive health benefits under this chapter only through enrollment demonstrates such residency to the Postal Service in a Program plan.accordance with regulations issued by the Postal Service.

changed “(C) Certain employees as of program inception“(iv) Postal Service Medicare covered annuitants and family members enrolled under VA coverage—The individual—

changed “(i) Legacy coverage—A Postal Service employee who is enrolled in a health benefits plan under this chapter for the contract year immediately preceding the initial contract year that “(I) is not a health benefits plan offered by an initial participating carrier may enroll in either a Program plan Postal Service Medicare covered annuitant or in a health benefits plan offered under any other section member of this chapter, except that—family of a Postal Service Medicare covered annuitant; and

changed “(I) if the Postal Service employee changes enrollment to a different “(II) is enrolled in health care benefits plan provided by the Department of Veterans Affairs under this subchapter II of chapter during the open season for the initial contract year, or after the start 17 of the initial contract year, the Postal Service employee may only enroll in a Program plan;title 38, United States Code.

changed “(II) if the health benefits plan in which such employee is enrolled for such contract year becomes available as a Program plan, the “(v) Postal Service employee may only enroll in a Program plan; andMedicare covered annuitants and family members eligible for IHS health services—The individual—

changed “(III) upon becoming “(I) is a Postal Service annuitant, if the Postal Service employee elects to continue coverage under this chapter, the Medicare covered annuitant or a member of family of a Postal Service employee shall enroll in a Program plan during the open season that is—Medicare covered annuitant; and

changed “(aa) being held when “(II) is eligible for health services from the Postal Service employee becomes a Postal Service annuitant; orIndian Health Service.

changed “(bb) if “(B) Regulations for VA and IHS exceptions—Not later than 1 year after the date on which of enactment of this section, the Postal Service employee becomes a Postal Service annuitant falls outside Office shall, in consultation with the Secretary of an open season, Veterans Affairs, the first open season following that date.Secretary of Health and Human Services, and the Postmaster General, promulgate any regulations necessary to implement clauses (iv) and (v) of subparagraph (A).

changed “(ii) Current employees aged 64 and over“(C) List of individuals residing abroad—The Postal Service shall provide a list of individuals who satisfy the exception under subparagraph (A)(iii) to the Office.

changed “(I) In general—Subject to subclause (II), an individual who, as of January 1, 2023, is “(4) Process for information collection and dissemination—The Postal Service and the Office, in consultation with the Social Security Administration and the Centers for Medicare & Medicaid Services, shall establish a process that will enable the Postal Service employee to timely inform Postal Service employees, Postal Service annuitants, and is at least 64 years members of age may family of such employees and annuitants of the requirements described in paragraphs (1) and (2) in order to be eligible to enroll in either a Program plan or in a health benefits plan offered plans under any other section of this chapter.section.

changed “(II) Exception—In the case of an individual described in subclause (I) who enrolls in a Program plan for any contract year beginning on or after the date on which the individual becomes a Postal Service Medicare covered annuitant, beginning with such contract year, subclause (I) shall no longer apply to the individual and the individual may receive health benefits under this chapter only through enrollment in a Program plan.“(f) Transitional open season

changed “(D) Certain other annuitants“(1) Definitions—In this subsection—

changed “(i) Annuitants and family members excluded from premium-free Medicare part A“(A) the term current option, with respect to an individual, means the option under a plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year; and

changed “(I) In general—Subject to subclause (II), a Postal Service annuitant who is eligible “(B) the term current plan, with respect to enroll in Medicare Part A under section 1818 or 1818A of an individual, means the Social Security Act may enroll in either a Program plan or in a health benefits plan offered under any other section of this chapter if in which the annuitant—individual is enrolled during the contract year preceding the initial contract year.

changed “(aa) is eligible to enroll in Medicare part A under section 1818 or 1818A of the Social Security Act; or“(2) Automatic enrollment

changed “(bb) includes “(A) In general—Subject to subparagraphs (B) and (C), in the annuitant’s plan enrollment one or more family members case of an individual who are is a Postal Service employee or Postal Service annuitant eligible to enroll in Medicare part A a Program plan under section 1818 or 1818A subsection (d), who is enrolled in a current plan, and who does not enroll in a Program plan during the open season that immediately precedes the initial contract year, the Office shall automatically enroll the individual, as of such Act.the start of the initial contract year, in a Program plan offered by the carrier of the individual’s current plan.

changed “(II) Exception—In “(B) Carriers offering multiple Program plans or options—If the case carrier of the current plan of an annuitant individual described in subclause (I) who enrolls in a subparagraph (A) offers more than 1 Program plan for any contract year beginning on or after the date on which the annuitant or any member of family covered by option, the enrollment becomes eligible to enroll Office, in Medicare part A, beginning with such contract year, subclause (I) carrying out subparagraph (A), shall no longer apply to automatically enroll the annuitant and individual in the annuitant may receive health plan and option that provide coverage with equivalent benefits under this chapter only through enrollment and cost sharing, as described in a Program plan.subsection (c)(2), to the individual's current plan and current option.

changed “(ii) Limited or redundant coverage—An “(C) Carriers not offering Program plans—If the carrier of the current plan of an individual who is a Postal Service annuitant may enroll either described in subparagraph (A) does not offer a Program plan (subject to subsection (e) of this section and to sections 226(j) and 1837(o)(2) of plan, the Social Security Act) or Office, in a health benefits plan offered under any other section of this chapter for any contract year carrying out subparagraph (A), shall automatically enroll the individual in which the annuitant or member of family covered by lowest-cost nationwide plan option within the enrollment, respectively, Program that is not a covered Medicare individual and—high deductible health plan and does not charge an association or membership fee.

changed “(I) the annuitant or family member, respectively, resides in an area where the Office has determined that no Medicare providers are available;“(g) OPM regulations

changed “(II) the annuitant receives comprehensive medical coverage provided by “(1) In general—Not later than 1 year after the Department date of Veterans Affairs under subchapter II enactment of chapter 17 this section, the Director of title 38, United States Code; orthe Office shall issue regulations to carry out this section.

changed “(III) “(2) Consultation—In issuing regulations under paragraph (1), the annuitant receives comprehensive medical coverage provided by Director of the Indian Health Service under Office shall consult, as necessary, with the Indian Secretary of Health Care Improvement Act (25 U.S.C. 1601 et seq.).and Human Services, the Secretary of Veterans Affairs, the Commissioner of Social Security, and the Postmaster General.

changed “(iii) Regulations—Not later than 90 days after the date of enactment of this section, the Office shall, in consultation with the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Postmaster General, promulgate any “(3) Contents—The regulations necessary to implement this subparagraph.issued under paragraph (1) shall include—

changed “(e) Requirement of medicare enrollment for certain annuitants and their family members“(A) any provisions necessary to implement this section;

changed “(1) Annuitants—Except as provided under subsection (d)(2), “(B) a process under which Postal Service Medicare covered annuitant may not enroll under a Program plan unless annuitants and affected family members are timely informed of the annuitant is enrolled in both Medicare part A enrollment requirements and Medicare part B.may request, in writing, any additional enrollment information;

changed “(2) Medicare covered family members—In the case of “(C) provisions under which a Postal Service annuitant who is required under this subsection to enroll in Medicare part A and Medicare part B to enroll under the Program, if a member of family of such employee or Postal Service annuitant is a covered Medicare individual or is eligible to enroll in Medicare Part A under section 1818 or 1818A of the Social Security Act, that member of family may not enroll enrolled under the Program as may request a member of family of the Postal Service annuitant unless that member belated change of family is plan and may be prospectively enrolled in both Medicare part A and Medicare part B.the plan of the employee's or annuitant's choice; and

changed “(3) Process “(D) provisions for coordinated election of Medicare enrollment—The Office shall establish a process individuals to cancel coverage under which—the Program in writing to the Postal Service because the individuals choose not to enroll in, or to disenroll from, Medicare part B.

changed “(A) Postal Service annuitants and members of family who are subject to the requirements of paragraph (1) or (2)—“(h) Medicare coordination

changed “(i) are informed, prior “(1) In general—The Office shall require each Program plan to enrollment under this section, provide benefits for covered Medicare individuals pursuant to a coordination of such requirement; andbenefits method approved by the Office.

changed “(ii) receive requests for “(2) Medicare part D prescription drug benefits—The Office shall require each Program plan to provide prescription drug benefits to any additional information necessary for enrollment Postal Service annuitant and member of family of such annuitant who is a part D eligible individual (as defined in writing; andsection 1860D–1(a)(3)(A) of the Social Security Act) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of such Act) through—

changed “(B) the Office provides the Secretary of Health and Human Services and the Commissioner of Social Security in “(A) a timely manner with such information with respect to such annuitants and members of family and such election as may be required to effect their enrollment and coverage under Medicare part A and Medicare part B and this section prescription drug plan (as defined in a timely manner, including to effect deemed enrollments, if applicable under sections 226(j) and 1837(o) of the Social Security Act, for such continuous period as such annuitant or member section 1860D–41(a)(14) of family involved otherwise maintains eligibility for enrollment under Medicare part A and Medicare part B, to have elected to be enrolled under such part (in accordance with such sections) in connection with the enrollment in a Program plan under this section.Act); or

changed “(f) Medicare coordination“(B) contracts between such a Program plan and PDP sponsor, as defined in section 1860D–41(a)(13) of such Act, of such a prescription drug plan.

changed “(1) In general—The Office shall require each Program plan to provide benefits for covered Medicare individuals (and individuals eligible to enroll in Medicare part A pursuant to section 1818 or 1818A of the Social Security Act) pursuant to the same coordination of benefits method used in connection with plans offered under any other section of this chapter.“(i) Postal service contribution

changed “(2) Medicare part d prescription drug benefits—The Office shall require each Program plan to provide prescription drug benefits “(1) In general—Subject to any Postal Service annuitant and member of family subsection (k), for purposes of such annuitant who is a part D eligible individual (as defined in applying section 1860D–1(a)(3)(A) of 8906(b) to the Social Security Act) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of such Act) through a prescription drug plan (as defined Postal Service, the weighted average shall be calculated in section 1860D–41(a)(14) of such Act).accordance with paragraphs (2) and (3).

changed “(g) Postal service contribution“(2) Weighted average calculation—Not later than October 1 of each year (beginning with 2024), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to—

removed “(1) In general—Subject to subsection (i), for purposes of applying section 8906(b) to the Postal Service, the weighted average shall be calculated in accordance with paragraphs (2) and (3).

removed “(2) Weighted average calculation—Not later than October 1 of each year (beginning with 2022), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to—

“(A) enrollments for self only;

“(B) enrollments for self plus one; and

“(C) enrollments for self and family.

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

added “(4) 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 1839(e)(1) of the Social Security Act (42 U.S.C. 1395r(e)(1)) from the Postal Service Retiree Health Benefits Fund established under section 8909a until depleted and thereafter shall pay such amounts from the Postal Service Fund established under section 2003 of title 39.

changed “(3) Weighting in computing rates for initial contract year—In determining such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2022.“(j) Reserves

removed “(h) Reserves

“(1) Separate reserves

added “(A) In general—The Office shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with section 8909.

changed “(A) In general—The Office shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with “(B) Applicability of section 8909. All 8909 to contingency reserves—All provisions of section 8909 relating to contingency reserves shall apply to contingency reserves of Program plans in the same manner as to those the contingency reserves of other plans under this chapter, except to the extent that such provisions are inconsistent with the requirements of this subsection.

changed “(B) “(C) References—For purposes of the Program, each reference to “the Government” in section 8909 shall be deemed to be a reference to the Postal Service.

changed “(C) “(D) Amounts to be credited—The reserves (including the separate contingency reserve) maintained by for each Program plan shall be credited with a proportionate amount of the funds in the reserves for health benefits plans offered by the carrier.

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

changed “(i) “(k) No effect on existing law—Nothing in this section shall be construed as affecting section 1005(f) of title 39 regarding variations, additions, or substitutions to the provisions of this chapter.

changed “(j) “(l) Health benefits education programBenefits Education Program

changed “(1) Not later than 180 days after Definition—In this subsection, the date of enactment term navigator means an employee of this section, the Postal Service shall establish or of a Health Benefits Education Program. Under contractor of the Program, Postal Service who is designated by the Postal Service shall—or contractor to carry out activities under paragraph (5).

changed “(A) notify annuitants and employees of “(2) Establishment—Not later than 18 months after the Postal Service about date of enactment of this section, the Postal Service shall establish a Health Benefits Program established under subsection (c)(1);Education Program.

changed “(B) provide information regarding “(3) Requirements—In carrying out the Postal Service Health Benefits Education Program to such annuitants and employees, including a description of the health care options available established under such Program, the enrollment provisions of subsection (d), and paragraph (2), the requirement that annuitants and their family members be enrolled in Medicare under subsection (e); andPostal Service shall—

changed “(C) in coordination with the Centers for Medicare & Medicaid Services and the Commissioner of Social Security, respond “(A) notify Postal Service annuitants and provide answers to any inquiry from such Postal Service employees and annuitants about the Postal Service Health Benefits Program or Medicare enrollment.established under subsection (c)(1);

changed “(2) The Office shall timely “(B) provide information regarding the Postal Service with such information as Health Benefits Program and the requirements of this section to Postal Service determines to be necessary to conduct the Medicare Education Program.”annuitants and Postal Service employees, including—

added “(i) a description of the health care options available under such Program;

added “(ii) the enrollment provisions of subsection (d); and

added “(iii) the requirement that Postal Service annuitants and their family members be enrolled in Medicare under subsection (e);

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

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

added “(E) carry out, or provide for through contract or other arrangement, the activities described in paragraph (5).

added “(4) Information

added “(A) Information from OPM—The Office shall timely provide the Postal Service with such information as necessary to conduct the Health Benefits Education Program.

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

added “(5) Navigator activities

added “(A) Activities—The activities described in this paragraph, with respect to Program plans and the health care options available under the Program, are the following:

added “(i) 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 plans, including requirements to be entitled to Medicare part A and enroll in Medicare part B.

added “(ii) Distribution of fair and impartial information concerning enrollment in such plans.

added “(iii) Facilitation of enrollment in such plans.

added “(iv) Provision of information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Program plans.

added “(B) Standards

added “(i) In general—The Postal Service shall establish standards for navigators carrying out the activities under this paragraph to—

added “(I) engage in the navigator activities described in subparagraph (A); and

added “(II) avoid conflicts of interest.

added “(ii) Contents—The standards established under clause (i) shall provide that a navigator may not—

added “(I) be a health insurance carrier; or

added “(II) receive any consideration directly or indirectly from any health insurance carrier in connection with the enrollment of any individual in a Program plan.

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

added “(6) Regulations

added “(A) In general—Not later than 18 months after the date of enactment of this section, the Postmaster General shall issue regulations to establish the Health Benefits Education Program required under this subsection.

added “(B) Contents—The regulations issued under subparagraph (A) shall include—

added “(i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;

added “(ii) provisions for notifying Postal Service annuitants, Postal Service employees, and their family members of the requirements under subsection (e) to enroll in Medicare as a condition of eligibility to enroll in the Program; and

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

added “(iv) 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 8903c of title 5, United States Code, in accordance with subsection (e) of such section.”

removed “(j)

removed “(1) In the case of an individual who—

removed “(A) on or after January 1, 2023, is—

removed “(i) a Postal Service employee;

removed “(ii) a Postal Service annuitant who is not a Postal Service Medicare covered annuitant; or

removed “(iii) a member of family of a Postal Service employee or of a Postal Service annuitant and who is not described in section 1837(o)(1) of this Act; and

removed “(B) enrolls in a Program plan under section 8903c of title 5, United States Code,

removed “(2) Entitlement to hospital benefits under part A by reason of paragraph (1) begins as of—

removed “(A) in the case of an individual who is a Postal Service employee or a Postal Service annuitant who is eligible to become a Postal Service Medicare covered annuitant, the date on which the individual becomes a Postal Service Medicare covered annuitant or the date of enrollment in a Program plan, whichever is later;

removed “(B) in the case of an individual who is eligible to enroll under section 1818 or 1818A, the date on which the individual attains such eligibility or the date of enrollment in a Program plan whichever is later; and

removed “(C) in the case of an individual who is described in paragraph (1)(A)(iii) and is eligible to become a covered Medicare individual, as of the first date the individual becomes a covered Medicare individual or the date of enrollment in a Program plan, whichever is later.

removed “(3) The definitions in section 8903c(a) of title 5, United States Code, shall apply for purposes of this subsection.

removed “(4) Nothing in this subsection shall be construed to deprive any individual of any other method or period of enrollment to which such individual is entitled under this section.”

“(o)

“(1) In the case of an individual who—

added “(A) as of January 1, 2024, is—

added “(i) a Postal Service annuitant who is entitled to benefits under part A of title XVIII of the Social Security Act, but excluding an individual who is eligible to enroll under such part under section 1818 of such Act or 1818A of such Act (42 U.S.C. 1395i–2, 1395i–2a); or

added “(ii) a member of family (as defined in section 8901(5) of title 5, United States Code) of a Postal Service annuitant and is entitled to benefits under part A of title XVIII of the Social Security Act, but excluding an individual who is eligible to enroll under such part under section 1818 of such Act or 1818A of such Act (42 U.S.C. 1395i–2, 1395i–2a); and

added “(B) is not enrolled under this part, the individual may elect to be enrolled under this part during a special enrollment period during the 6–month period beginning on April 1, 2024.

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

removed “(A) as of January 1, 2023, is—

removed “(i) a Postal Service Medicare covered annuitant; or

removed “(ii) a member of family of a Postal Service employee or of a Postal Service annuitant and is a covered Medicare individual;

removed “(B) intends to enroll in a Program plan under section 8903c of title 5, United States Code, for the initial contract year; and

removed “(C) is not enrolled under this part,

removed “(2) In the case of an individual who—

removed “(A) on or after January 1, 2023, is—

removed “(i) a Postal Service employee;

removed “(ii) a Postal Service annuitant who is not a Postal Service Medicare covered annuitant; or

removed “(iii) a member of family of a Postal Service employee or of a Postal Service annuitant and who is not described in paragraph (1); and

removed “(B) enrolls in a Program plan under section 8903c of title 5, United States Code;

removed “(3) The definitions in section 8903c(a) of title 5, United States Code, shall apply for purposes of this subsection.

removed “(4) Nothing in this subsection shall be construed to deprive any individual of any other method or period of enrollment to which such individual is entitled under this section.”

changed “(i) Notwithstanding subsection (a)—(a), in the case of an individual who enrolls during the special enrollment period pursuant to section 1837(o), the coverage period shall begin on January 1, 2025.”

removed “(1) in the case of an individual who enrolls under this part pursuant to a special enrollment period under paragraph (1) of section 1837(o), the coverage period under this part shall begin on the date that the individual first has coverage under the Program plan pursuant to the enrollment described in paragraph (1)(B) of such section; and

removed “(2) in the case of an individual who is deemed enrolled under paragraph (2) of section 1837(o), the coverage period under this part shall begin as of—

removed “(A) in the case of such an individual who is a Postal Service employee or a Postal Service annuitant who is eligible to become a Postal Service Medicare covered annuitant, the date on which the individual becomes a Postal Service Medicare covered annuitant or the date of enrollment in a Program plan, whichever is later;

removed “(B) in the case of such an individual who is eligible to enroll under section 1818 or 1818A of this Social Security Act, the date on which the individual attains such eligibility or the date of enrollment in a Program plan, whichever is later; and

removed “(C) in the case of an individual described in paragraph (2)(A)(i)(III) of such section who is eligible to become a covered Medicare individual, as of the first date the individual becomes a covered Medicare individual or the date of enrollment in a Program plan, whichever is later.”

added “(A) The term eligible individual means an individual who is enrolled under this part B and who—

added “(i) in the case of an agreement entered into under the first sentence of paragraph (1), is within a class of individuals specified in such agreement; and

added “(ii) in the case of an agreement entered into under the second sentence of paragraph (1), is so enrolled under this part pursuant to the special enrollment period under section 1837(o)”

“(d)

changed “(1) Not later than June 30, 2024, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the difference between—amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).

changed “(A) any Government contributions required to be paid from “(2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under section 8906(g)(2)(A); andsuch paragraph.

changed “(B) the net claims costs “(e) Any computation required under the enrollment of the individuals described in section 8906(g)(2)(A).3654(b) of title 39 shall be based on—

removed “(2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the difference computed in such paragraph.

removed “(e) Any computation of the liability of the Fund required by law shall be based on—

“(1) the net present value of the future net claims costs with respect to—

“(A) current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and

added “(B) current employees of the United States Postal Service who would, as of September 30 of that year—

added “(i) be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and

removed “(B) current employees of the United States Postal Service who would, as of September 30 of that year,—

removed “(i) be eligible to become annuitants pursuant to section 8901(3)(A); and

“(ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b);

“(2) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and

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

“(f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.

added “(g) For purposes of this section, the term estimated net claims costs shall mean the difference between—

removed “(g) For purposes of this section, the term net claims costs shall mean the difference between—

“(1) the sum of—

added “(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and

removed “(A) the costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and

“(B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and

“(2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.”

“2903. Use of funds from sale of property

“In the event that the Postal Service permanently ceases operations, any funds derived from the sale of any real property owned by the Postal Service shall be used to pay any outstanding liability with respect to the salaries and expenses of any Postal Service employee. The balance of any remaining funds shall be deposited into the Postal Service Retiree Health Benefits Fund established under section 8909a of title 5.”

“37 Nonpostal Services

“3701. Purpose

changed “The purpose of this chapter is to enable the Postal Service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter. Postal Service revenues and expenses under this chapter shall be funded through the Postal Service Fund.chapter.

“3702. Definitions

“In this chapter—

“(1) the term nonpostal services is limited to services offered by the Postal Service that are expressly authorized by this chapter and are not postal products or services;

changed “(2) the term attributable costs attributable has the meaning given such term in section 3631; and3631;

changed “(3) the term year means a fiscal year.year;

added “(4) the term local government means a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments, or regional or interstate government entity;

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

added “(6) the term tribal government means the government of an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and

added “(7) the term United States, when used in a geographical sense, means the States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

“3703. Postal Service program for State governments

removed “(a) In general—Notwithstanding any other provision of this title, the Postal Service may establish a program to enter into agreements with an agency of any State government, local government, or tribal government to provide property and services on behalf of such agencies for non-commercial products and services, but only if such property and services—

removed “(1) provide enhanced value to the public, such as by lowering the cost or raising the quality of such services or by making such services more accessible;

removed “(2) do not interfere with or detract from the value of postal services, including—

removed “(A) the cost and efficiency of postal services; and

changed “(B) unreasonably restricting access “(a) In general—Notwithstanding any other provision of this title, the Postal Service may establish a program to postal retail service, such as customer waiting time and access enter into agreements with an agency of any State government, local government, or tribal government to parking; andprovide property or nonpostal services to the public on behalf of such agencies for non-commercial purposes, but only if—

changed “(3) provide a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement that covers at least 100 percent of attributable costs of all “(1) such property and services provided under each relevant agreement in each year.or nonpostal services—

changed “(b) Public notice—At least 90 days before offering a service under “(A) provide enhanced value to the program, public, such as by lowering the Postal Service shall make available to cost or raising the public on its website—quality of such services or by making such services more accessible;

added “(B) do not interfere with or detract from the value of postal services, including by—

added “(i) harming the cost and efficiency of postal services; and

added “(ii) unreasonably restricting access to postal retail service, such as customer waiting time and access to parking; and

added “(2) such agreements provide a net contribution to the Postal Service, defined as reimbursement that covers at least 100 percent of the costs attributable to all property and nonpostal services provided under each relevant agreement in each year, except that agreements determined to be substantially similar by the Postal Service with the concurrence of the Postal Regulatory Commission shall be reviewed based on their collective revenue and costs attributable.

added “(b) Public notice—Not more than 90 days after offering a service under the program, the Postal Service shall make available to the public on its website—

“(1) the agreement with the agency regarding such service; and

removed “(2) a business plan that describes the specific service to be provided, the enhanced value to the public, terms of reimbursement, the estimated annual reimbursement to the Postal Service, and the estimated percentage of attributable Postal Service costs that will be covered by reimbursement (with documentation to support the estimates).

removed “(c) Public comment—Before offering a service under the program, the Postal Service shall provide for a public comment period of at least 30 days that allows the public to post comments relating to the provision of such services on the Postal Service website. The Postal Service shall make reasonable efforts to provide written responses to the comments on such website at least 30 days before offering such services.

removed “(d) Approval required—The Postal Service may not establish the program under subsection (a) unless the Governors of the Postal Service approve such program by a recorded vote that is publicly disclosed on the Postal Service website with a majority of the total Governors voting for approval.

removed “(e) Application of reporting requirements—For purposes of the reporting requirements under section 3705, the Postal Service shall submit a separate report for each agreement with an agency entered into under subsection (a) analyzing the costs, revenues, rates, and quality of service for the provision of all services under such agreement, including information demonstrating that the agreement satisfies the requirements of paragraphs (1) through (3) of subsection (a).

removed “(f) Regulations required—The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section.

changed “(g) Definitions—For “(2) a business plan that describes the purpose specific property or nonpostal service to be provided, the enhanced value to the public, and terms of this section—reimbursement to the Postal Service.

changed “(1) “(c) Approval required—The Postal Service may not establish the term local government means program under subsection (a) unless the Governors of the Postal Service approve such program by a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council recorded vote that is publicly disclosed on the Postal Service website with a majority of governments, or regional or interstate government entity;the Governors then in office voting for approval.

changed “(2) the term State government includes the government of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, “(d) Confidential information—Subsection (b) shall not be construed as requiring the Commonwealth of Postal Service to disclose to the Northern Mariana Islands, and public any other territory or possession of the United States;information—

removed “(3) the term tribal government means the government of an Indian tribe, as that term is defined in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)); and

removed “(4) the term United States, when used in a geographical sense, means the States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

removed “(h) Confidential information—Subsection (b) or (c) shall not be construed as requiring the Postal Service to disclose to the public any information—

“(1) described in section 410(c); or

“(2) exempt from public disclosure under section 552(b) of title 5.

“3704. Postal Service program for other Government agencies

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

removed “(a) In general—The Postal Service may establish a program to provide property and services to other Government agencies within the meaning of section 411, but only if such program provides a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement by each agency that covers at least 100 percent of the attributable costs of all property and service provided by the Postal Service in each year to such agency.

removed “(b) Application of reporting requirements—For purposes of the reporting requirements under section 3705, the Postal Service shall submit a separate report for each agreement with an agency entered into under subsection (a) analyzing the costs, revenues, rates, and quality of service for the provision of all services under such agreement, including information demonstrating that the agreement satisfies the requirements of subsection (a).

“3705. Transparency and accountability for nonpostal services

“(a) Annual report to the Commission

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

removed “(1) In general—Not later than 90 days after the last day of each year, the Postal Service shall submit to the Postal Regulatory Commission a report that analyzes costs, revenues, rates, and quality of service for each agreement for the provision of property and services under this chapter, using such methodologies as the Commission may prescribe, and in sufficient detail to demonstrate compliance with the requirements of this chapter.

“(2) Supporting matter—A report submitted under paragraph (1) shall include any nonpublic annex, the working papers, and any other supporting matter of the Postal Service and the Inspector General related to the information submitted in such report.

“(b) Content and form of report

“(1) In general—The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the report required under subsection (a). In prescribing such regulations, the Commission shall give due consideration to—

“(A) providing the public with timely, adequate information to assess compliance;

“(B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and

“(C) protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under section 552(b) of title 5.

“(2) Revised requirements—The Commission may, on its own motion or on request of any interested party, initiate proceedings to improve the quality, accuracy, or completeness of Postal Service data required by the Commission if—

added “(A) the attribution of costs or revenues to property, products, or services under this chapter has become significantly inaccurate or can be significantly improved;

removed “(A) the attribution of costs or revenues to property or services under this chapter has become significantly inaccurate or can be significantly improved;

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

“(C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest.

“(c) Audits—The Inspector General shall regularly audit the data collection systems and procedures used in collecting information and preparing the report required under subsection (a). The results of any such audit shall be submitted to the Postal Service and the Postal Regulatory Commission.

“(d) Confidential information

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

“(2) Treatment—Any information or other matter described in paragraph (1) to which the Commission gains access under this section shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Commission had received notification with respect to such matter under section 504(g)(1).

“(e) Annual compliance determination

“(1) Opportunity for public comment—Upon receiving a report required under subsection (a), the Postal Regulatory Commission shall promptly—

“(A) provide an opportunity for comment on such report by any interested party; and

“(B) appoint an officer of the Commission to represent the interests of the general public.

added “(2) Determination of compliance or noncompliance—Not later than 90 days after receiving a report required under subsection (a), 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 chapter. For purposes of this paragraph, any case in which the requirements for coverage of costs attributable have not been met shall be considered to be a case of noncompliance. If, with respect to a year, no instance of noncompliance is found to have occurred, the determination shall be to that effect. Such determination of noncompliance shall be included with the annual compliance determination required under section 3653.

added “(3) Noncompliance—If a timely written determination of noncompliance is made under paragraph (2), the Postal Regulatory Commission shall take appropriate action. If the requirements for coverage of costs attributable specified by this chapter are not met, the Commission shall, within 60 days after the determination, prescribe remedial action to restore compliance as soon as practicable, including the full restoration of revenue shortfalls during the following year. The Commission may order the Postal Service to discontinue a nonpostal service under section 3703 that persistently fails to meet cost coverage requirements.

removed “(2) Determination of compliance or noncompliance—Not later than 90 days after receiving a report required under subsection (a), the Postal Regulatory Commission shall make a written determination as to whether the nonpostal activities carried out during the applicable year were or were not in compliance with the provisions of this chapter. For purposes of this paragraph, any case in which the requirements for coverage of attributable costs have not been met shall be considered to be a case of noncompliance. If, with respect to a year, no instance of noncompliance is found to have occurred, the determination shall be to that effect. Such determination of noncompliance shall be included with the annual compliance determination required under section 3653.

removed “(3) Noncompliance—If a timely written determination of noncompliance is made under paragraph (2), the Postal Regulatory Commission shall take appropriate action. If the requirements for coverage of attributable costs specified by this chapter are not met, the Commission shall, within 60 days after the determination, prescribe remedial action to restore compliance as soon as practicable, including the full restoration of revenue shortfalls during the following year. The Commission may order the Postal Service to discontinue a nonpostal service under section 3703 that persistently fails to meet cost coverage requirements.

“(4) Deliberate noncompliance—In the case of deliberate noncompliance by the Postal Service with the requirements of this chapter, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of such noncompliance. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury.

added “(f) Regulations required—The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section.

added “(g) Experimental product authority—The Postal Service may conduct market tests of agreements pursuant to section 3703 and section 3704 of this chapter subject to the same terms and conditions described in section 3641 of this title. For the purposes of a market test, the cost coverage requirements in sections 3703 and 3704 of this chapter shall not apply.”

removed “(f) Regulations required—The Postal Regulatory Commission shall issue such regulations as are necessary to carry out this section.”

removed “(6) Licensing which, before the date of enactment of this paragraph, has been authorized by the Postal Regulatory Commission for continuation as a nonpostal service may not be used for any purpose other than—

removed “(A) to continue to provide licensed mailing, shipping, or stationery supplies offered as of June 23, 2011; or

removed “(B) to license other goods, products, or services, the primary purpose of which is to promote and enhance the image or brand of the Postal Service.

removed “(7) Nothing in this section shall be construed to prevent the Postal Service from establishing nonpostal products and services that are expressly authorized by chapter 37.”

“3692. Performance targets and transparency

“(a) Performance targets—Each year, to ensure that mail service for postal customers meets the service standards for market-dominant products, established under section 3691, the Postal Service shall—

changed “(1) at least not later than 60 days before after the beginning of the fiscal year in which they will apply, establish and provide to the Postal Regulatory Commission reasonable targets for performance; performance for each product; and

changed “(2) provide the previous fiscal years’ year’s performance targets in its Annual Compliance Report to the Postal Regulatory Commission for evaluation of compliance.compliance for each product.

changed “(b) Public Postal regulatory commission determination of certain performance dashboardinformation—Not later than 90 days after first receiving the performance targets under subsection (a)(1), the Postal Regulatory Commission shall provide to the Postal Service—

added “(1) requirements for the Postal Service to publish nationwide, regional, and local delivery area performance information in accordance with subsection (c)(2) that—

added “(A) are consistent with the organizational structure of the delivery network of the Postal Service (including at the District and Area organizational levels, or the functional equivalents, and, to the extent practicable, at the U.S. ZIP Code Area level);

added “(B) reflect the most granular geographic level of performance information appropriate for the Postal Service to publish; and

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

added “(2) recommendations for any modifications to the Postal Service’s measurement systems necessary to measure and publish the performance information under subsection (c)(2) that the Postal Regulatory Commission deems relevant.

added “(c) Public performance dashboard

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

added “(2) Performance information—The performance information provided for a market-dominant product on the Website shall include—

removed “(2) Performance information—The performance information provided on the Website shall include—

“(A) the type of market-dominant product;

added “(B) performance information for different geographic areas, consistent with subsection (b);

added “(C) performance information for different time periods, including annual, quarterly, monthly, and weekly segments;

added “(D) comparisons of performance information for market-dominant products to performance information for previous time periods to facilitate identification of performance trends; and

added “(E) the performance targets then in effect, and the performance targets for the previous fiscal year, as established under subsection (a)(1).

removed “(B) geographic area at the nationwide, Area, and District level;

removed “(C) time periods showing performance information in annual, quarterly, monthly, and weekly segments;

removed “(D) comparisons of performance information for market-dominant products for previous time periods to facilitate identification of performance trends; and

removed “(E) the current performance targets and previous fiscal year performance targets, established under subsection (a)(1).

“(3) Comprehensibility—The Website shall include plain language descriptions of the elements required under paragraph (2) and information on the collection process, measurement methodology, completeness, accuracy, and validity of the performance information provided on the Website.

“(4) Address search functionality—The Website shall include functionality to enable a user to search for performance information by street address, ZIP Code, or post office box.

added “(5) Format—The Postal Service shall make the performance information provided on the Website available—

removed “(5) Format—The performance information provided on the Website shall be made available—

“(A) in a manner that—

added “(i) presents the information required under paragraph (2) on an interactive dashboard;

removed “(i) presents the information referenced under paragraph (2) on an interactive dashboard;

“(ii) is searchable and may be sorted and filtered by the elements described in paragraph (2); and

“(iii) to the extent practicable, enables any person or entity to download in bulk—

“(I) such performance information; and

“(II) the results of a search by the elements described in paragraph (2);

added “(B) under an “open license” which has the meaning given that term in section 3502 of title 44; and

added “(C) as an “open Government data asset” and in a “machine-readable” format which have the meaning given those terms in section 3502 of title 44.

removed “(B) in an open format that permits any individual or entity to reuse and analyze the performance information; and

removed “(C) in a structured data format, to the extent practicable.

“(6) Consultation—The Postal Service shall regularly consult with the Postal Regulatory Commission on appropriate features and information to be included on the Website.

“(7) Public input—The Postal Service shall—

“(A) solicit public input on the design and implementation of the Website; and

added “(B) maintain a public feedback tool to ensure each feature of, and the information on, the Website is usable and understandable.

added “(8) Deadline—The Postal Service shall implement and make available to the public (and make any subsequent changes in accordance with subsection (b)) the Website not later than 60 days from the date on which the Postal Service receives the requirements and recommendations from the Postal Regulatory Commission under subsection (b), and shall continuously update such information on the Website as required by subsection (b).

added “(9) 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 (a)(1) are made available to the public.

added “(10) Reporting—The Postal Service, the Postmaster General, or the Board, as applicable, shall reference the dashboard described in paragraph (5)(A)(i) in the Annual Performance Plan under section 2803, the Annual Performance Report under section 2804, and the Annual Report under section 2402.

removed “(B) maintain a public feedback tool, to ensure features of, and information on, the Website is usable and understandable.

removed “(8) Deadline—The Website shall be implemented and made available to the public not later than the date on which the performance targets are provided to the Postal Regulatory Commission under subsection (a)(1).

removed “(9) Availability—A link and plain language description of the Website shall be made available on the website where the performance targets and measurements established under subsection (a)(1) are made available.

removed “(10) Reporting—The dashboard referred to in paragraph (5)(A)(i) shall be referenced in the Annual Performance Plan under section 2803, the Annual Performance Report under section 2804, and the Annual Report under section 2402.

“(11) Definitions—In this subsection—

“(A) Performance information—The term performance information means the objective external performance measurements established under section 3691(b)(1)(D).

“(B) Website—The term Website means the website described in paragraph (1).”

removed Section 101(b) of title 39, United States Code, is amended by inserting before “The Postal Service” the following: “The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday or in emergency situations, such as natural disasters.”.

added “(B) In carrying out the duties and responsibilities specified in this Act, the Inspector General of the United States Postal Service shall function as the Inspector General for the Postal Regulatory Commission, and shall have equal responsibility over the United States Postal Service and the Postal Regulatory Commission. The Commission shall comply with the Inspector General’s oversight as if the Commission were a designated Federal entity under subsection (a)(2) and as if the Inspector General were the inspector general of the Commission. The Governors of the Postal Service shall not direct oversight activities for the Postal Regulatory Commission.”

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

removed “(B) In carrying out the duties and responsibilities specified in this Act, the Inspector General of the United States Postal Service shall function as the Inspector General for the Postal Regulatory Commission, and shall have equal responsibility over the United States Postal Service and the Postal Regulatory Commission. The Commission shall comply with the Inspector General’s oversight as if the Commission were a designated Federal entity under paragraph (a)(2) of this section.”