[Congressional Record Volume 168, Number 25 (Tuesday, February 8, 2022)]
[House]
[Pages H1033-H1051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
POSTAL SERVICE REFORM ACT OF 2021
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, pursuant to House
Resolution 912, I call up the bill (H.R. 3076) to provide stability to
and enhance the services of the United States Postal Service, and for
other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 912, in lieu of
the amendment in the nature of a substitute recommended by the
Committee on Oversight and Reform printed in the bill, an amendment in
the nature of a substitute consisting of the text of Rules Committee
Print 117-32 is adopted and the bill, as amended, is considered as
read.
The text of the bill, as amended, is as follows:
H.R. 3076
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Postal
Service Reform Act of 2022''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--POSTAL SERVICE FINANCIAL REFORMS
Sec. 101. Postal Service Health Benefits Program.
Sec. 102. USPS Fairness Act.
Sec. 103. Nonpostal services.
TITLE II--POSTAL SERVICE OPERATIONAL REFORMS
Sec. 201. Performance targets and transparency.
Sec. 202. Integrated delivery network.
Sec. 203. Review of Postal Service cost attribution guidelines.
Sec. 204. Rural newspaper sustainability.
Sec. 205. Funding of Postal Regulatory Commission.
Sec. 206. Flats operations study and reform.
Sec. 207. Reporting requirements.
Sec. 208. Postal Service transportation selection policy revisions.
Sec. 209. USPS Inspector General oversight of Postal Regulatory
Commission.
TITLE III--SEVERABILITY
Sec. 301. Severability.
SEC. 2. DEFINITIONS.
(a) Commission.--In this Act, the term ``Commission'' means
the Postal Regulatory Commission.
(b) Terms Defined in Title 39, United States Code.--In this
Act, the terms ``competitive product'', ``market-dominant
product'', and ``Postal Service'' have the meanings given
those terms in section 102 of title 39, United States Code.
TITLE I--POSTAL SERVICE FINANCIAL REFORMS
SEC. 101. POSTAL SERVICE HEALTH BENEFITS PROGRAM.
(a) Establishment.--
(1) In general.--Chapter 89 of title 5, United States Code,
is amended by inserting after section 8903b the following:
``Sec. 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);
``(2) the term `initial contract year' means the contract
year beginning in January of 2025;
``(3) 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 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;
``(8) 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 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;
``(11) the term `Program' means the Postal Service Health
Benefits Program established under subsection (c) within the
Federal Employees Health Benefits Program;
``(12) the term `Program plan' means a health benefits plan
offered under the Program; and
``(13) the definitions set forth in section 8901 shall
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
``(2) supersede any other provision of this chapter
inconsistent with such requirements, as determined by the
Office.
``(c) Establishment of the Postal Service Health Benefits
Program.--
``(1) In general.--
``(A) Establishment.--The Office shall establish the 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 as described under this section.
``(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 other than under
this section.
``(C) Program plans and participation.--The Program shall--
``(i) to the greatest extent practicable--
``(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 offered by that carrier with
equivalent benefits and 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
``(II) include plans offered by any other carrier
determined appropriate by the Office;
``(ii) provide for enrollment in Program plans of Postal
Service employees and Postal Service annuitants, in
accordance with subsection (d);
``(iii) provide for enrollment in a Program plan as an
individual, for self plus one, or for self and family; and
``(iv) not provide for enrollment in a Program plan of 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 (4)).
``(2) Coverage with equivalent benefits and cost-sharing.--
In the initial contract year, 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 plans, 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 (h)(2).
``(3) Applicability of federal 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.
``(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
the same manner as such section applies to other health
benefits plans offered under this chapter.
``(d) Election of Coverage.--Each Postal Service employee
and Postal Service annuitant who elects to receive health
benefits coverage under this chapter--
``(1) shall be subject to the requirements of this section;
and
``(2) may not enroll in any other health benefits plan
offered under any other section of this chapter.
``(e) Requirement of Medicare Enrollment for Certain
Annuitants and Their Family Members.--
``(1) Medicare covered annuitants.--Except as provided
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.
``(2) Medicare covered family 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.
``(3) Exceptions.--
``(A) In general.--The requirements under paragraphs (1)
and (2), as applicable, shall not apply with respect to an
individual in the following cases:
``(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.
``(ii) Current employees aged 64 and over.--The individual,
as of January 1, 2025, is
[[Page H1034]]
a Postal Service employee and is at least 64 years of age.
``(iii) 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 (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 demonstrates such residency to the Postal
Service in accordance with regulations issued by the Postal
Service.
``(iv) Postal service medicare covered annuitants and
family members enrolled under va coverage.--The individual--
``(I) is a Postal Service Medicare covered annuitant or a
member of family of a Postal Service Medicare covered
annuitant; and
``(II) is enrolled in health care benefits provided by the
Department of Veterans Affairs under subchapter II of chapter
17 of title 38, United States Code.
``(v) Postal service medicare covered annuitants and family
members eligible for ihs health services.--The individual--
``(I) is a Postal Service Medicare covered annuitant or a
member of family of a Postal Service Medicare covered
annuitant; and
``(II) is eligible for health services from the Indian
Health Service.
``(B) Regulations for va and ihs exceptions.--Not later
than 1 year after the date of enactment of this section, the
Office shall, in consultation with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, and the
Postmaster General, promulgate any regulations necessary to
implement clauses (iv) and (v) of subparagraph (A).
``(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.
``(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 to timely inform
Postal Service employees, Postal Service annuitants, and
members of family of such employees and annuitants of the
requirements described in paragraphs (1) and (2) in order to
be eligible to enroll in Program plans under this section.
``(f) Transitional Open Season.--
``(1) Definitions.--In this subsection--
``(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
``(B) the term `current plan', with respect to an
individual, means the plan under this chapter in which the
individual is enrolled during the contract year preceding the
initial contract year.
``(2) Automatic enrollment.--
``(A) In general.--Subject to subparagraphs (B) and (C), 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 (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 the
start of the initial contract year, in a Program plan offered
by the carrier of the individual's current plan.
``(B) Carriers offering multiple program plans or
options.--If the carrier of the current plan of an individual
described in subparagraph (A) offers more than 1 Program plan
or option, the Office, in carrying out subparagraph (A),
shall automatically enroll the individual in the plan and
option that provide coverage with equivalent benefits and
cost sharing, as described in subsection (c)(2), to the
individual's current plan and current option.
``(C) Carriers not offering program plans.--If the carrier
of the current plan of an individual described in
subparagraph (A) does not offer a Program plan, the Office,
in carrying out subparagraph (A), 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 fee.
``(g) OPM Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Office shall
issue regulations to carry out this section.
``(2) Consultation.--In issuing regulations under paragraph
(1), the Director of the Office shall consult, as necessary,
with the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, the Commissioner of Social
Security, and the Postmaster General.
``(3) Contents.--The regulations issued under paragraph (1)
shall include--
``(A) any provisions necessary to implement this section;
``(B) a process under which Postal Service annuitants and
affected family members are timely informed of the enrollment
requirements and may request, in writing, any additional
enrollment information;
``(C) 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 choice;
and
``(D) provisions for individuals to cancel coverage under
the Program in writing to the Postal Service because the
individuals choose not to enroll in, or to disenroll from,
Medicare part B.
``(h) Medicare Coordination.--
``(1) 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
Office.
``(2) 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 (as defined in section 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--
``(A) a prescription drug plan (as defined in section
1860D-41(a)(14) of such Act); or
``(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.
``(i) Postal Service Contribution.--
``(1) In general.--Subject to subsection (k), for purposes
of applying section 8906(b) to the Postal Service, the
weighted average shall be calculated in accordance with
paragraphs (2) and (3).
``(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--
``(A) enrollments for self only;
``(B) enrollments for self plus one; and
``(C) enrollments for self and family.
``(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.
``(4) Payment of late enrollment penalties.--The Postal
Service may direct the Office to pay the amounts required by
section 1839(e) of the Social Security Act (42 U.S.C.
1395r(e)) 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.
``(j) Reserves.--
``(1) Separate reserves.--
``(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.
``(B) Applicability of section 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 the contingency
reserves of other plans under this chapter, except to the
extent that such provisions are inconsistent with the
requirements of this subsection.
``(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.
``(D) Amounts to be credited.--The reserves (including the
separate contingency reserve) 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
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.
``(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.
``(l) Health Benefits Education Program.--
``(1) Definition.--In this subsection, 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 (5).
``(2) Establishment.--Not later than 18 months after the
date of enactment of this section, the Postal Service shall
establish a Health Benefits Education Program.
``(3) Requirements.--In carrying out the Health Benefits
Education Program established under paragraph (2), the Postal
Service shall--
``(A) notify Postal Service annuitants and Postal Service
employees about the Postal Service Health Benefits Program
established under subsection (c)(1);
``(B) provide information regarding the Postal Service
Health Benefits Program and the requirements of this section
to Postal Service annuitants and Postal Service employees,
including--
``(i) a description of the health care options available
under such Program;
``(ii) the enrollment provisions of subsection (d); and
``(iii) the requirement that Postal Service annuitants and
their family members be enrolled in Medicare under subsection
(e);
``(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;
``(D) refer individuals to the Centers for Medicare &
Medicaid Services and the Social Security Administration that
provide information
[[Page H1035]]
about Medicare enrollment and options under the Medicare
program under XVIII of the Social Security Act; and
``(E) carry out, or provide for through contract or other
arrangement, the activities described in paragraph (5).
``(4) Information.--
``(A) Information from opm.--The Office shall timely
provide the Postal Service with such information as necessary
to conduct the Health Benefits Education Program.
``(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.
``(5) Navigator activities.--
``(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:
``(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.
``(ii) Distribution of fair and impartial information
concerning enrollment in such plans.
``(iii) Facilitation of enrollment in such plans.
``(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.
``(B) Standards.--
``(i) In general.--The Postal Service shall establish
standards for navigators carrying out the activities under
this paragraph to--
``(I) engage in the navigator activities described in
subparagraph (A); and
``(II) avoid conflicts of interest.
``(ii) Contents.--The standards established under clause
(i) shall provide that a navigator may not--
``(I) be a health insurance carrier; or
``(II) receive any consideration directly or indirectly
from any health insurance carrier in connection with the
enrollment of any individual in a Program plan.
``(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.
``(6) Regulations.--
``(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.
``(B) Contents.--The regulations issued under subparagraph
(A) shall include--
``(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;
``(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
``(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.''.
(2) Technical and conforming amendments.--
(A) Service benefit plans.--Section 8903(1) of title 5,
United States Code, is amended by striking ``two levels of
benefits'' and inserting ``at least 2 levels of benefits for
enrollees under this chapter generally and at least 2 levels
of benefits for enrollees under the Postal Service Health
Benefits Program established under section 8903c''.
(B) Table of sections.--The table of sections for chapter
89 of title 5, United States Code, is amended by inserting
after the item relating to section 8903b the following:
``8903c. Postal Service Health Benefits Program.''.
(b) Coordination With Medicare.--
(1) Part b special enrollment period.--Section 1837 of the
Social Security Act (42 U.S.C. 1395p) is amended by adding at
the end the following new subsection:
``(o)(1) In the case of an individual who--
``(A) as of January 1, 2024, is--
``(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
``(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
``(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.
``(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.''.
(2) Technical and conforming amendments.--
(A) Part a enrollment.--Section 1818(c) of the Social
Security Act (42 U.S.C. 1395i-2(c)) is amended, in the matter
preceding paragraph (1), by striking ``(except subsection (f)
thereof)'' and inserting ``(except subsections (f) and (o)
thereof)''.
(B) Coverage period under part b.--Section 1838 of the
Social Security Act (42 U.S.C. 1395q) is amended by adding at
the end the following:
``(i) Notwithstanding subsection (a), in the case of an
individual who enrolls during a special enrollment period
pursuant to section 1837(o), the coverage period shall begin
on January 1, 2025.''.
(3) Treatment of part b late enrollment penalty for
individuals enrolling during special enrollment period.--
Section 1839(e) of the Social Security Act (42 U.S.C.
1395r(e)) is amended--
(A) in paragraph (1), by striking ``(as defined in
paragraph (3)(A))'' and by inserting ``(as defined in
paragraph (3)(A)(i)). 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 (to be deposited in
the Treasury to the credit of the Federal Supplementary
Medical Insurance Trust Fund) an amount equal to the amount
of the part B late enrollment premium increases with respect
to the premiums for eligible individuals (as defined in
paragraph (3)(A)(ii)).''; and
(B) by amending paragraph (3)(A) to read as follows:
``(A) The term `eligible individual' means an individual
who is enrolled under this part B and who--
``(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
``(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).''.
(4) Part d egwp contracting conforming amendment.--Section
1860D-22(b) of the Social Security Act (42 U.S.C. 1395w-
132(b)) is amended by inserting before the period at the end
the following: ``, and shall be applied in a manner to
facilitate the offering of prescription drug benefits under a
Program plan under section 8903c of title 5, United States
Code, as required under subsection (h)(2) of such section,
through employment-based retiree health coverage through: (1)
a prescription drug plan; or (2) contracts between such a
Program plan and the PDP sponsor of such a prescription drug
plan.''.
(c) Information Sharing and Dissemination Required for
Special Enrollment Period and Enforcement of Part B
Enrollment Requirements.--
(1) Definitions.--In this subsection, the terms ``Medicare
part A'', ``Medicare part B'', ``Office'', ``Postal
Service'', and ``Postal Service annuitant'' have the meanings
given those terms in section 8903c of title 5, United States
Code, as added by subsection (a).
(2) Information sharing by opm.--The Office shall, by
regulation, establish a process for providing such
information as is necessary to the Social Security
Administration regarding Postal Service annuitants (and the
family members of such annuitants) who may be eligible to
enroll under Medicare part B during the special enrollment
period described in subsection (o) of section 1837 of the
Social Security Act (42 U.S.C. 1395p), as added by subsection
(b).
(3) Information sharing by ssa.--The Social Security
Administration shall provide to the Office and the Postal
Service information regarding whether a Postal Service
annuitant, or a family member of such an annuitant, is
entitled to benefits under Medicare part A and enrolled under
Medicare part B, to assist the Office and the Postal Service
in determining--
(A) which Postal Service annuitants, and family members of
such annuitants, are eligible to enroll under Medicare part B
during the special enrollment period described in paragraph
(2); and
(B) whether Postal Service annuitants, and family members
of such annuitants, satisfy the enrollment requirements
described in paragraphs (1) and (2) of section 8903c(e) of
title 5, United States Code, as added by subsection (a).
(4) Determination and dissemination.--The Office shall
determine which Postal Service annuitants are eligible to
enroll under Medicare part B during the special enrollment
period described in paragraph (2) and provide such
information to the Social Security Administration, the
Centers for Medicare & Medicaid Services, and the Postal
Service.
(d) Funding.--
(1) CMS appropriation.--In addition to amounts otherwise
available, there is appropriated to ``Centers for Medicare &
Medicaid Services--Program Management'', out of any monies in
the Treasury not otherwise appropriated, $7,500,000 for
fiscal year 2022, to remain available until expended, for
purposes of carrying out this section, including the
amendments made by this section.
(2) SSA appropriation.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Social Security
Administration, out of any monies in the Treasury not
otherwise appropriated, $16,000,000 for fiscal year 2022, to
remain available until the date that is 1 year after the last
day of the special enrollment period described in subsection
(c)(2), for purposes of carrying out this section, with the
exception of carrying out subsection (c)(3)(B), including the
amendments made by this section.
(B) Relation to other appropriation.--The amounts
appropriated under subparagraph (A)
[[Page H1036]]
shall be in addition to the Social Security Administration's
Limitation on Administrative Expenditure appropriations.
(3) OPM appropriation.--In addition to amounts otherwise
available, there is appropriated to the Office of Personnel
Management, out of any monies in the Treasury not otherwise
appropriated, $70,500,000 for fiscal year 2022, to remain
available until expended, for purposes of carrying out this
section, including the amendments made by this section.
(4) Funds credited by postal service.--The United States
Postal Service shall credit to the Treasury from the Postal
Service Fund in fiscal year 2022 an amount equal to the sum
of the amounts appropriated under paragraphs (1), (2), and
(3).
(5) Reimbursement for periodic ssa data sharing.--
(A) 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
(including systems and administrative costs) of providing the
information described in subsection (c)(3)(B).
(B) Report to congress.--The Director of the Office--
(i) shall report the amount paid under subparagraph (A)
annually to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives; and
(ii) may satisfy the requirement under clause (i) by
including the amount paid under subparagraph (A) in any other
annual report submitted to Congress.
SEC. 102. USPS FAIRNESS ACT.
(a) Short Title.--This section may be cited as the ``USPS
Fairness Act''.
(b) Rational Benefits Funding and Accounting.--
(1) In general.--Section 8909a of title 5, United States
Code, is amended by striking subsection (d) and inserting the
following:
``(d)(1) Not later than June 30, 2026, and by June 30 of
each succeeding year, the Office shall compute, for the most
recently concluded fiscal year, the 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).
``(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 such paragraph.
``(e) Any computation required under section 3654(b) of
title 39 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
``(B) current employees of the United States Postal Service
who would, as of September 30 of that year--
``(i) be eligible to become annuitants pursuant to section
8901(3)(A)(i) or (ii); 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.
``(g) For purposes of this section, the term `estimated net
claims costs' shall mean the difference between--
``(1) the sum of--
``(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
``(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.''.
(2) Clerical amendment.--The heading of section 8909a of
title 5, United States Code, is amended by striking
``Benefit'' and inserting ``Benefits''.
(c) Application.--
(1) Cancellation of payments.--Any payment required from
the Postal Service under section 8909a of title 5, United
States Code, as in effect on the day before the date of
enactment of this Act that remains unpaid as of such date of
enactment is canceled.
(2) 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 Fund, the Office of Personnel Management
shall take into account the actual and reasonably expected
effects of this Act.
(d) Use of Funds From Sale of Real Property for Certain
Payments.--
(1) In general.--Chapter 29 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 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.''.
(2) Clerical amendment.--The table of sections of such
chapter is amended by adding after the item relating to
section 2902 the following new item:
``2903. Use of funds from sale of property.''.
SEC. 103. NONPOSTAL SERVICES.
(a) Nonpostal Services.--
(1) In general.--Part IV of title 39, United States Code,
is amended by adding after chapter 36 the following:
``CHAPTER 37--NONPOSTAL SERVICES
``Sec.
``3701. Purpose.
``3702. Definitions.
``3703. Postal Service program for State governments.
``3704. Postal Service program for other Government agencies.
``3705. Transparency and accountability for nonpostal services.
``Sec. 3701. 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 chapter.
``Sec. 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;
``(2) the term `costs attributable' has the meaning given
such term in section 3631;
``(3) the term `year' means a fiscal year;
``(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;
``(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;
``(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
``(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.
``Sec. 3703. Postal Service program for State governments
``(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 or
nonpostal services to the public on behalf of such agencies
for non-commercial purposes, but only if--
``(1) such property or nonpostal services--
``(A) 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;
``(B) do not interfere with or detract from the value of
postal services, including by--
``(i) harming the cost and efficiency of postal services;
and
``(ii) unreasonably restricting access to postal retail
service, such as customer waiting time and access to parking;
and
``(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.
``(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
``(2) a business plan that describes the specific property
or nonpostal service to be provided, the enhanced value to
the public, and terms of reimbursement to the Postal Service.
``(c) 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 Governors then in
office voting for approval.
``(d) Confidential Information.--Subsection (b) 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.
``Sec. 3704. Postal Service program for other Government
agencies
``The Postal Service may establish a program to provide
property and nonpostal services to
[[Page H1037]]
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.
``Sec. 3705. Transparency and accountability for nonpostal
services
``(a) Annual Report to the Commission.--
``(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.
``(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--
``(A) the attribution of costs or revenues to property,
products, 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.
``(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.
``(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.
``(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.
``(f) Regulations Required.--The Postal Regulatory
Commission shall issue such regulations as are necessary to
carry out this section.
``(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.''.
(2) Clerical amendment.--The table of chapters for part IV
of title 39, United States Code, is amended by adding after
the item relating to chapter 36 the following:
``37. Nonpostal services....................................3701''.....
(b) Conforming Amendments.--
(1) Section 404.--Section 404(e) of title 39, United States
Code, is amended in paragraph (2), by inserting after
``subsection'' the following: ``, or any nonpostal products
or services authorized by chapter 37''.
(2) Section 411.--The last sentence of section 411 of title
39, United States Code, is amended by striking ``including
reimbursability'' and inserting ``including reimbursability
within the limitations of chapter 37''.
(3) Treatment of existing nonpostal services.--All
individual nonpostal services, provided directly or through
licensing, that are continued pursuant to section 404(e) of
title 39, United States Code, shall be considered to be
expressly authorized by chapter 37 of such title (as added by
subsection (a)(1)) and shall be subject to the requirements
of section 3705, subsections (a) through (d).
TITLE II--POSTAL SERVICE OPERATIONAL REFORMS
SEC. 201. PERFORMANCE TARGETS AND TRANSPARENCY.
(a) In General.--Subchapter VII of chapter 36 of title 39,
United States Code, is amended by inserting after section
3691 the following:
``Sec. 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--
``(1) not later than 60 days after the beginning of the
fiscal year in which they will apply, establish and provide
to the Postal Regulatory Commission reasonable targets for
performance; and
``(2) provide the previous fiscal year's performance
targets in its Annual Compliance Report to the Postal
Regulatory Commission for evaluation of compliance.
``(b) Postal Regulatory Commission Determination of Certain
Performance Information.--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--
``(1) requirements for the Postal Service to publish
nationwide, regional, and local delivery area performance
information in accordance with subsection (c)(2) that--
``(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);
``(B) reflect the most granular geographic level of
performance information appropriate for the Postal Service to
publish; and
``(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
``(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.
``(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.
``(2) Performance information.--The performance information
provided for a market-dominant product on the Website shall
include--
``(A) the type of market-dominant product;
``(B) performance information for different geographic
areas, consistent with subsection (b);
``(C) performance information for different time periods,
including annual, quarterly, monthly, and weekly segments;
``(D) comparisons of performance information for market-
dominant products to performance information for previous
time periods to facilitate identification of performance
trends; and
``(E) the performance targets then in effect, and the
performance targets for the previous fiscal year, as
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
[[Page H1038]]
user to search for performance information by street address,
ZIP Code, or post office box.
``(5) Format.--The Postal Service shall make the
performance information provided on the Website available--
``(A) in a manner that--
``(i) presents the information required 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);
``(B) under an `open license' which has the meaning given
that term in section 3502 of title 44; and
``(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.
``(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
``(B) maintain a public feedback tool to ensure each
feature of, and the information on, the Website is usable and
understandable.
``(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).
``(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.
``(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.
``(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).''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 36 of title 39, United States Code, is
amended by inserting after the item relating to section 3691
the following:
``3692. Performance targets and transparency.''.
SEC. 202. INTEGRATED DELIVERY NETWORK.
(a) In General.--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, in emergency
situations, such as natural disasters, 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 2022.''.
(b) Rule of Construction.--Nothing in subsection (a) or the
amendment made by such subsection is intended to alter or
amend the requirements of chapters 20 or 36 of title 39,
United States Code, and related implementing regulations,
including provisions relating to costing, accounting, or
rates.
SEC. 203. REVIEW OF POSTAL SERVICE COST ATTRIBUTION
GUIDELINES.
Not later than the date that is one year after the date of
the enactment of this Act, the Postal Regulatory Commission
shall initiate a review of the regulations issued pursuant to
sections 3633(a) and 3652(a)(1) of title 39, United States
Code, 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 products, including by considering the
underlying methodologies in determining cost attribution and
considering options to revise such methodologies. If the
Commission determines, after notice and opportunity for
public comment, that revisions are appropriate, the
Commission shall make modifications or adopt alternative
methodologies as necessary.
SEC. 204. RURAL NEWSPAPER SUSTAINABILITY.
Section 3626(h) of title 39, United States Code, is amended
by striking ``10 percent'' and inserting ``50 percent''.
SEC. 205. FUNDING OF POSTAL REGULATORY COMMISSION.
(a) In General.--Subsection (d) of section 504 of title 39,
United States Code, is amended to read as follows:
``(d)(1) Not later than September 1 of each fiscal year
(beginning with fiscal year 2022), the Postal Regulatory
Commission shall submit to the Postal Service a budget of the
Commission's expenses, including expenses for facilities,
supplies, compensation, and employee benefits, for the
following fiscal year. Any such budget shall be deemed
approved as submitted if the Governors fail to adjust the
budget in accordance with paragraph (2).
``(2)(A) Not later than 30 days after receiving a budget
under paragraph (1), the Governors holding office, by
unanimous written decision, may adjust the total amount of
funding requested in such budget. Nothing in this
subparagraph may be construed to authorize the Governors to
adjust any activity proposed to be funded by the budget.
``(B) If the Governors adjust the budget under subparagraph
(A), the Postal Regulatory Commission shall adjust the
suballocations within such budget to reflect the total
adjustment made by the Governors. The budget shall be deemed
approved on the date the Commission makes any such
adjustments. The Commission may make further adjustments to
the suballocations within such budget as necessary.
``(3) Expenses incurred under any budget approved under
this subsection shall be paid out of the Postal Service Fund
established under section 2003.''.
(b) Conforming Amendments.--Title 39, United States Code,
is amended--
(1) in section 2003(e), by striking ``(B) all expenses of
the Postal Regulatory Commission, subject to the availability
of amounts appropriated under section 504(d);'' and inserting
``(B) all expenses of the Postal Regulatory Commission,
pursuant to section 504(d);''; and
(2) in section 2009--
(A) by striking ``, (2)'' and inserting ``, and (2)''; and
(B) by striking ``, and (3) the Postal Regulatory
Commission requests to be appropriated, out of the Postal
Service Fund, under section 504(d) of this title''.
SEC. 206. FLATS OPERATIONS STUDY AND REFORM.
(a) Flats Operations Study.--
(1) In general.--The Postal Regulatory Commission, in
consultation with the Inspector General of the United States
Postal Service, shall conduct a study to--
(A) comprehensively identify the causes of inefficiencies
in the collection, sorting, transportation, and delivery of
Flats; and
(B) quantify the effects of the volume trends, investments
decisions, excess capacity, and operational inefficiencies of
the Postal Service on the direct and indirect costs of the
Postal Service that are attributable to Flats.
(2) Postal service assistance.--For the purposes of
carrying out the study under paragraph (1), the Postal
Service shall, upon request by the Postal Regulatory
Commission, consult with the Postal Regulatory Commission and
provide--
(A) access to Postal Service facilities to personnel of the
Postal Regulatory Commission; and
(B) information and records necessary to conduct such
study.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Postal Regulatory Commission shall
submit to Congress and the Postmaster General a report on the
findings of the study conducted under paragraph (1).
(4) Flats defined.--In this subsection, the term ``Flats''
means products that meet the physical standards described in
the Domestic Mail Manual (as in effect on the date of the
enactment of this Act) for Flats mail for any class of mail.
(b) Flats Operations Reform.--
(1) In general.--Not later than six months after the date
on which the Postal Regulatory Commission submits the report
described in subsection (a)(3), the Postal Service shall--
(A) develop and implement a plan to remedy each
inefficiency identified in the study conducted under
subsection (a)(1) to the extent practicable; and
(B) if the Postal Service determines that remedying any
such inefficiency is not practicable, provide to Congress and
the Postal Regulatory Commission an explanation why remedying
such inefficiency is not practicable, including whether it
may become practicable to remedy such inefficiency at a later
time.
(2) Implementation requirements.--Prior to implementing the
plan described in paragraph (1)--
(A) the Postal Regulatory Commission must approve the plan;
and
(B) the Postal Service shall provide an adequate
opportunity for public comment on the plan.
(3) Completion notice.--On the date on which the plan
described in paragraph (1) is fully implemented, as
determined by the Postmaster General, the Postmaster General
shall submit to Congress and the Postal Regulatory Commission
a written notice of such implementation.
(c) Subsequent Rate Adjustments.--During the five-year
period beginning on the date on which the Postal Regulatory
Commission submits a report under subsection (a)(3), the
Postal Service, when making any adjustment to the rate of a
market-dominant product (as defined in section 102 of title
39, United States Code), shall consider the findings of such
report and, after the plan described in subsection (b)(1) is
implemented, the plan's efficacy in remedying the
inefficiencies identified in the study conducted under
subsection (a)(1).
SEC. 207. REPORTING REQUIREMENTS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, and every six months thereafter,
the Postmaster General shall submit to the President, the
Postal Regulatory Commission, the Committee on Homeland
Security and Governmental Affairs of the Senate, 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 60 days before the date on which the Postmaster
General submits such report.
(b) Contents.--Each report submitted under this section
shall include updates, details of changes from previous
standards and requirements, and assessments of progress being
made
[[Page H1039]]
on the operations and financial condition of the Postal
Service, including--
(1) the actual mail and package volume growth relative to
any mail or package volume growth projections previously made
or relied upon by the Postal Service, including a discussion
of the reasons for the differences in projections and the
associated adjustments being made;
(2) the effect of pricing changes on product volume for
market-dominant and competitive products, and associated
revenue effects on financial projections, including a
discussion of the reasons behind the differences in
projections and associated adjustments being made;
(3) customer use of network distribution centers and
processing and distribution centers;
(4) the status of the USPS Connect program and revenue
effects of the program on the financial projections;
(5) the use of Priority Mail, Priority Mail Express, First-
Class Package Service, and Parcel Select services (as such
terms are defined in the Mail Classification Schedule as in
effect on the date of the enactment of this Act) among
customers and associated revenue effects;
(6) the use of USPS Connect Returns service among
customers, and associated costs and revenue effects;
(7) the use of USPS E-Commerce Marketplace among customers,
and associated costs and revenue effects;
(8) updates on the reliability, efficiency, and cost-
effectiveness of the transportation network, including the
manner in which ground transportation is utilized over air
transportation for types of market-dominant products and
competitive products;
(9) a review of efforts to enhance employee training,
safety, and wellbeing, including associated effects on
employee recruitment, satisfaction, and retention;
(10) a review of efforts being made to improve employee
allocation, including changes of non-career employees to
career status, and any associated impacts to operational
expenses and processing, transportation, and delivery
efficiency;
(11) the rate of planned investment into Postal Service
processing, transportation, and delivery equipment and
infrastructure for market-dominant and competitive products,
and a review of any associated effects on operational
expenses and efficiency;
(12) changes to network distribution centers and the
expansion of regional distribution centers, including costs
associated with the changes and any realized reduction in
operational expenses or improved resource efficiencies;
(13) a review of the ability of the Postal Service to meet
performance targets established under section 3692(a)(1) of
title 39, United States Code;
(14) a discussion of the progress of the Postal Service in
achieving any new, self-funded investments, including the
amounts realized and expended to date, and a discussion of
the reasons behind any disparities in the assumptions
regarding the expected progress of the Postal Service getting
new, self-funded investments to accommodate changes; and
(15) any other information the Postal Service determines
relevant, such as barriers or unanticipated events, in order
to help the Postal Regulatory Commission, Congress, the
President, and the American public evaluate the success or
difficulties faced by the Postal Service in implementing the
reform plan.
(c) Confidential Information.--
(1) In general.--The report required under this subsection
shall be submitted in a form that excludes any proprietary or
confidential information and trade secrets.
(2) Notification.--If the Postal Service determines that
any information must be excluded under paragraph (1), the
Postal Service shall, at the time of submitting the report,
notify the President, the Committee on Oversight and Reform
of the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Postal Regulatory Commission in writing of its determination
and describe in detail the information for which
confidentiality is sought and the reasons therefor.
(3) Annexes.--The Postal Service shall submit to the
persons and entities notified under paragraph (2) any
information excluded under paragraph (1) in an annex that
shall be treated as confidential in accordance with paragraph
(4).
(4) Treatment.--No person may, with respect to any
information which such person receives under paragraph (4)--
(A) use such information for purposes other than the
purposes for which it is supplied; or
(B) permit any person or entity other than a person or
entity notified under paragraph (2), or the staff thereof, to
have access to any such information.
(d) 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 submitted.
SEC. 208. POSTAL SERVICE TRANSPORTATION SELECTION POLICY
REVISIONS.
Section 101(f) of title 39, United States Code, is
amended--
(1) by striking ``prompt and economical'' and inserting
``prompt, economical, consistent, and reliable'';
(2) by inserting after ``all mail'' the following: ``in a
manner that increases operational efficiency and reduces
complexity'';
(3) by inserting ``cost-effective'' after ``to achieve'';
and
(4) by inserting ``also'' after ``Nation shall''.
SEC. 209. USPS INSPECTOR GENERAL OVERSIGHT OF POSTAL
REGULATORY COMMISSION.
(a) In General.--Section 8G of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)(2), by striking ``the Postal
Regulatory Commission,''; and
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``(2) In carrying'' and inserting ``(2)(A)
In carrying''; and
(ii) by adding at the end the following:
``(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.'';
(B) in paragraph (3)(A)(i), by inserting ``pertaining to
the United States Postal Service'' after ``subpoenas,'';
(C) in paragraph (3)(B)(i), by inserting ``and the Postal
Regulatory Commission'' after ``United States Postal
Service'';
(D) in paragraph (3)(C), by inserting ``or the Postal
Regulatory Commission'' after ``Governors'';
(E) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(F) by inserting after paragraph (3) the following:
``(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'.''.
(b) Appointment and Removal.--Section 202 of title 39,
United States Code, is amended--
(1) in subsection (e)(1), by striking ``The Governors shall
appoint'' and inserting ``The Governors and the members of
the Postal Regulatory Commission shall appoint, by a
favorable vote of a majority of the Governors in office and
of a majority of the members of the Commission in office,'';
and
(2) in subsection (e)(3), by inserting ``and 3 members of
the Postal Regulatory Commission'' after ``at least 7
Governors''.
(c) Savings Provision.--
(1) Personnel, documents, assets.--All personnel,
documents, assets, unexpended balances of appropriations, 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 section.
(2) Legal documents.--Any order, determination, rule,
regulation, permit, grant, loan, contract, agreement,
certificate, license, or privilege that has been issued,
made, granted, 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 modified,
terminated, superseded, set aside, or revoked in accordance
with law.
(3) 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 Commission, but such proceeding
shall be continued by the Inspector General of the Postal
Service, at the discretion of that Inspector General. 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 enacted.
(4) Suits.--This section and the amendments made by this
section shall not affect any suit commenced before the
effective date of this section, and in any such suit,
proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this section or such amendments had not been enacted.
(5) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, 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 Service.
(d) Technical and Conforming Amendment.--Section 504 of
title 39, United States Code, is amended by striking
subsection (h).
(e) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 180
days after the date of enactment of this Act.
TITLE III--SEVERABILITY
SEC. 301. SEVERABILITY.
If any provision of this Act or any amendment made by this
Act, or the application of a provision of this Act or an
amendment made by this Act to any person or circumstance, is
held to be unconstitutional, the remainder of this Act, and
the application of the provisions to any person or
circumstance, shall not be affected by the holding.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Oversight and Reform or their respective
designees.
After 1 hour of debate, it shall be in order to consider the further
amendment printed in House Report 117-243, if offered by the Member
designated in the report, which shall be considered read, shall be
separately debatable for
[[Page H1040]]
the time specified in the report equally divided and controlled by the
proponent and an opponent, and shall not be subject to a demand for a
division of the question.
The gentlewoman from New York (Mrs. Carolyn B. Maloney) and the
gentleman from Kentucky (Mr. Comer) each will control 30 minutes.
The Chair recognizes the gentlewoman from New York (Mrs. Carolyn B.
Maloney).
General Leave
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I ask unanimous
consent that all Members have 5 legislative days in which to revise and
extend their remarks and insert extraneous materials on H.R. 3076.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, I rise in strong support of H.R. 3076, the Postal
Service Reform Act, which I introduced along with my distinguished
ranking member, Mr. Comer.
I am proud to say that our bill, the bill before us today, is the
result of a truly bipartisan effort from the beginning until our time
on the floor today. We have jointly over 100 cosponsors almost evenly
divided between Democrats and Republicans. And according to the
nonpartisan CBO, this bill actually reduces Federal spending by $1.5
billion over the next 10 years.
The administration also supports the bill's efforts to ``strengthen
the U.S. Postal Service.''
Madam Speaker, I include the President's statement in the Record.
Statement of Administration Policy
H.R. 3076--postal service reform act of 2022--rep. maloney, d-ny, and
102 cosponsors
The Administration supports House passage of H.R. 3076, the
Postal Service Reform Act of 2022. The United States Postal
Service and its dedicated employees provide an essential
public service and the critical public infrastructure for the
delivery of mail and packages to all Americans in every
corner of the country. The Postal Service provides crucial
support to millions of Americans, including our Nation's
veterans, including by ensuring their ability to vote and
providing access to prescription medications. Furthermore,
the Postal Service is an indispensable complement to and
foundational support for American businesses and communities.
The Administration supports efforts to strengthen the
United States Postal Service, including by providing Postal
employees with the dignity, fair pay, and employer-provided
benefits they have earned. The Administration is committed to
ensuring that the Postal Service delivers the highest
quality, most reliable service possible to every American.
This legislation would advance these goals in several ways.
Under current law, the Postal Service is required to
annually prepay future retirement health benefits, a
requirement not imposed on most other public or private
entities. Consistent with the President's longstanding
commitment, H.R. 3076 would repeal this requirement, which
unfairly and unnecessarily burdens the Postal Service.
H.R. 3076 would also establish a new, separate Postal
Service Health Benefits Program (PSHBP) within the existing
Federal Employees Health Benefits Program (FEHBP), that
integrates Postal employees and annuitants into Medicare.
Making these changes would improve the Postal Service's long-
run financial outlook, without sacrificing quality,
affordable health coverage for Postal employees and retirees.
The Administration is mindful that these reforms would impose
administrative burdens on the Office of Personnel Management
and FEHBP, and further, that there could be potential
challenges with operationalizing Medicare integration and
with ensuring ongoing funding to support administration of
the new PSHPB. The Administration looks forward to working
with Congress to ensure that the goals of H.R. 3076 are met
in an efficient, equitable, and cost-effective manner, while
safeguarding the continued stability of the FEHBP.
Finally, H.R. 3076 would establish new transparency and
reporting requirements for the Postal Service and its
regulator, the Postal Regulatory Commission; require the
Postal Service to provide semi-annual reports to Congress on
the implementation of its strategic plan; provide for a
public dashboard using nationwide delivery metrics to track
delivery performance; and mandate a review of the costing of
competitive and non-competitive products. The Administration
supports these efforts to improve accountability, reliability
and transparency at the Postal Service.
Mrs. CAROLYN B. MALONEY of New York. The Postal Service is one of
America's most vital and respected institutions. Originally established
in Article I of the Constitution, for over two centuries it has
provided service across our country to every single address whether you
are in an urban skyscraper or rural family farm. It binds our Nation
together in ways that no agency or organization does, and it adds over
1 million new delivery points every year.
This bill is an agreement to fix some of the serious problems that
have been looming over the post office for years and threatening its
financial stability.
It is an agreement that was reached with input from Democrats,
Republicans, the postal unions, the postal professionals, and a wide
array of private- and public-sector stakeholders. Over 200 different
organizations have come out in support of this bill.
Madam Speaker, I include in the Record a list of the organizations in
support of this bill.
Organizations Supporting the Postal Service Reform Act
American Postal Workers Union; National Association of
Letter Carriers; National Rural Letter Carriers Association;
National Postal Mail Handlers Union; United States Postal
Service; National Active and Retired Federal Employees
Association; Federal-Postal Coalition; National Association
of Postal Supervisors; Package Coalition; Scholastic; Pitney
Bowes; CVS Health; eBay; International Paper; National Retail
Federation; OSM Worldwide; Pharmaceutical Care Management
Association; Pirate Ship; Keep Us Posted; Consumer Action.
Sylvamo; Coalition for a 21st Century Postal Service;
American Catalog Mailers Association; American Forest & Paper
Association; Association of National Advertisers; Envelope
Manufacturers Association; Greeting Card Association; Major
Mailers Association; MailersHub; National Association of
Presort Mailers; National Newspaper Association; National
Postal Policy Council; National Retail Federation; Letter in
Support of H.R. 3076, p. 2; News Media Alliance; Parcel
Shippers Association; Printing United Alliance; Retail
Industry Leaders Association; Saturation Mailers Coalition;
The Package Coalition Companies.
4-Imprint; Action Mail Presort; AIIM; All Island Media;
Amazon; Arcadia News; AT&T; Ballard Designs; Baudville Inc.;
BCC Software; Belk; Biely & Shoaf Co., Blue Kite Press;
BlueCrest; Bluegrass Integrated Communications; Bluestone
Perennials; BMS Direct; BMS Technologies; Business
Communication Solutions (BCS); C & G Newspaper.
Calyx Flowers, Inc.; Cathedral Corporation; Centron Data
Services; Christianbook, LLC; Clarity; CohereOne; Colony
Brands: Montgomery Ward, Seventh Avenue, Ginny's, Midnight
Velvet, Monroe & Main; The Swiss Colony, The Tender Filet;
The Wisconsin Cheeseman, Country Door, Ashro; Columbia
Sportswear; Community Papers of Michigan; Content Critical
Solutions; Continuum | Marketing Production Services;
Corporate Mailing Services; Corporate Mailing Services (CMS);
Data Media Associates; Datamatx; Datapage; DataProse;
Demographix Media.
Design Toscano; Direct Mail Solutions; DMM; DNI Corp.;
Domtar; Doxim; EasyPost; eBay; Etsy; Everything Marketing,
LLC; Fairytale Brownies; Fluence; FRONTGATE; FSSI; Gardener's
Supply Company; Garnet Hill; Genesee Valley Pennysavers;
Grayhair Software; Grizzly Industrial, Inc.; Hallmark Cards,
Inc.; Harbor Sweets.
Hatteras/FocusOne; HC3; Holt's Cigar Company; HSN; IC
Group; ICS Corp; Image Options; Impact; Improvements; IMS;
Indrio Brands: Hale Groves, Pittman & Davis, Sun Harvest
Citrus, StuartDM; InfoIMAGE; Inland Press; International
Bridge; International Paper; Japs Olson; Johnson & Quin; JSM;
Kathleen Schultz Marketing; King Solutions; K-Log; L & D Mail
Masters; L&M Mail & Courier; Las Vegas Presort; Legacy
Publishing Group; Lett Direct; LSC Communications; Mail
Maine; Mailbox Merchants; Mailing Services of Pittsburgh;
Mailing Technical Services, Inc.; Midland; Midwest Direct;
National Grange; Mountain Hard Wear; MPX; MRS Mail Express;
My Shipping Post; Northern Safety & Industrial Novica.
Nueske's Applewood Smoked Meats; OBRIEN; OSG; OSM
Worldwide; Package Shippers Association; Path2Response; PCI
Group; Pill Pack; Pirate Ship; Pitney Bowes; Pittsburgh
Mailing; Plow & Hearth; PMSI; Polaris Direct, LLC; Poshmark;
Potpourri Group: Cuddledown, NorthStyle, The Pyramid
Collection, Serengeti, In the Company of; Dogs, Magellan's,
Catalog Favorites, Young Explorers, Back in the Saddle,
Whatever Works; Country Store, Expressions, Nature's Jewelry,
The Stitchery, SafeFinds, TravelSmith; Chadwicks; prAna.
Premier Press; Presort Essentials, Inc.; Print Mail
Solutions; Print Mannschaft; Prolist; Publishers Clearing
House; Quad Inc.; Qurate Retail Group; QVC; R.R. Donnelley;
Raymond Geddes & Co., Inc.; Recreation Supply Company;
RevSpring; Scottish Gourmet USA LLC; Shades of Light; Shark
Publications, LLC; Shippo; Signature Graphics; Silver Star
Brands: Miles Kimball, Walter Drake, Easy Comforts,
Exposures, As We Change; NativeRemedies, Fox Valley Traders.
SiteForm, Inc.; Smart Market, Inc; Sorel; Specialty Print
Communications; Sporty's; Summit Direct; Letter in Support of
H.R. 3076, p. 5; Sylvamo; Target Direct; The Bradford
Exchange: Hammacher Schlemmer; The
[[Page H1041]]
Dingley Press; The Masters Touch; The PLD Group; The Vermont
Country Store; Think Patented; TLC Management, Inc.; United
Business Mail; United Mailing Services; United Postmasters
and Managers of America.
Up With Paper; Upper Valley Press; Ursa Major Associates;
USM Print Solutions; Value Direct, LLC; VariVerge; Whittier
Mailing Products Inc.; Wiland; Wisconsin Community Papers,
Town Money Saver; Wolverine Solutions Group; YRSTORE INC.;
Zappos; Zulil.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, it is an
agreement that contains two major reforms that together will save the
post office over $50 billion in the coming decade.
First, the bill requires postal employees to enroll in Medicare when
they are eligible and retire. All postal employees have already been
paying into Medicare throughout their careers, but not all retirees
could or would enroll when they reached 65. So the bill simply ensures
that Postal Service employees can fully utilize the benefits that they
have already paid for.
Second, the bill will eliminate the unfair requirement that the
Postal Service prepay its retiree health benefits for 75 years into the
future. This commonsense change will help reduce the burden on the
retiree health benefit fund and help it remain solvent.
{time} 1430
And the bill would provide Congress and the American people with a
whole new level of transparency and accountability. It would establish
an online, public-facing database that shows weekly service performance
information by zip code.
The bill also requires the Postal Service to continue to deliver mail
6 days a week, using an integrated network, ensuring that Americans can
receive their mail and medications on weekends.
The bill also enables our Postal Service to increase revenue through
nonpostal services, such as selling permits to go fishing or hunting.
I would like to thank my friend, Ranking Member Comer, for his
partnership on this bill and for helping to shepherd it to the floor.
It has truly been a joint effort.
I would also like to thank Representatives Connolly, Lynch, Lawrence,
and Foxx, for their work and dedication and devotion to getting this
bill done.
I also would like to thank Speaker Pelosi, Majority Leader Hoyer,
Whip Clyburn, all of whom supported this and helped move it to the
floor.
Let's do the right thing by all Americans and pass this bill, and
send it to the Senate with a large support from this body.
I urge all of my colleagues to support this historic, bipartisan
bill, and I reserve the balance of my time.
Committee on Energy and Commerce, House of
Representatives,
Washington, DC, February 8, 2022.
Hon. Carolyn Maloney,
Chairwoman, Committee on Oversight and Reform,
Washington, DC.
Dear Chairwoman Maloney: I write concerning H.R. 3076, the
``Postal Service Reform Act of 2021,'' which was additionally
referred to the Committee on Energy and Commerce.
In recognition of the desire to expedite consideration of
H.R. 3076, the Committee agrees to waive formal consideration
of the bill as to provisions that fall within the Rule X
jurisdiction of the Committee. The Committee takes this
action with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as this bill or similar
legislation moves forward so that we may address any
remaining issues within our jurisdiction. I also request that
you support my request to name members of the Committee to
any conference committee to consider such provisions.
Finally, I would appreciate the inclusion of this letter
into the Congressional Record during floor consideration of
H.R. 3076.
Sincerely,
Frank Pallone, Jr.
Chairman.
____
Committee on Oversight and Reform, House of
Representatives,
Washington, DC, February 8, 2022.
Hon. Frank Pallone,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Pallone: Thank you for your letter regarding
H.R. 3076, the ``Postal Service Reform Act.'' As you know,
the bill was referred to the Committee on Oversight and
Reform, with an additional referral to the Committee on
Energy and Commerce, due to provisions in the legislation
that concern health care, including Medicare.
I thank you for allowing the Committee on Energy and
Commerce to be discharged from further consideration of the
bill to expedite floor consideration. This discharge in no
way affects your jurisdiction over the subject matter of the
bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have the Committee
on Energy and Commerce represented on the conference
committee.
I would be pleased to include this letter and your
correspondence in the Congressional Record during floor
consideration to memorialize our understanding.
Sincerely,
Carolyn B. Maloney,
Chairwoman,
Committee on Oversight and Reform.
Mr. COMER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, Americans hold the United States Postal Service in
extremely high regard, and that is for good reason. All rely on it for
our paychecks, medications, news, magazines, and correspondence with
loved ones. And now, more than ever, Americans enjoy the conveniences
of e-commerce no matter where they live in this great Nation.
The United States Postal Service is truly one of our prized national
assets. But, as we know, the Postal Service has faced financial trouble
for many years. Service delays stemming from an unreliable and outdated
delivery network, a drastic historical decrease in mail revenue, and a
sustained surge in labor-intensive packages, have all contributed to
the organization's struggles.
The rise and dominance of the internet has completely changed the way
people shop, pay bills, and generally communicate. It has changed in
ways that could not have even been envisioned in the 1970s, when
Congress established today's independently operated Postal Service.
We need to face the music. The days of letters alone driving the
Postal Service's revenue are not coming back. And with this national
pandemic, we have seen what happens when the Postal Service is stressed
to its operational limits.
The dual challenges of workforce shortages and a surge in package
volume across its delivery network plainly exposed the inability for
the Postal Service to adapt to modern challenges.
I stand here today, after more than a year of bipartisan work with my
colleague, Chairwoman Maloney, to call for the House to pass the
bipartisan Postal Service Reform Act of 2022. This targeted bill
addresses the immediate needs of the Postal Service to help it succeed
into the 21st century.
H.R. 3076 bolsters Postal Service-led operational reforms that are
already showing success with better revenue and delivery performance.
For example, the Postal Service saw one of the busiest holiday
seasons ever this past year. And even this current White House could
not ignore the fact that nearly 99 percent of consumers received their
packages on time or with minimal delays.
This was done under the leadership of Postmaster General DeJoy, and
in the face of constant challenges brought about by the pandemic and
the current political climate.
Coupled with the Postmaster General's ambitious and comprehensive 10-
year reform plan are two legislative requests impacting the Postal
Service's ability to operate profitably in the years to come.
First, the well-intentioned 2006 legislative requirement that the
Postal Service prefund the retiree health benefits of all future
potential costs has proven unworkable and counterproductive.
H.R. 3076 repeals this requirement, while continuing to require
annual payments for what is owed to postal retirees. This helps
alleviate immediate financial stresses, while still protecting the
workforce's earned retirement health benefits.
Secondly, the Postmaster General has sought legislation to seamlessly
transition the postal workforce into Medicare upon retirement, rather
than continuing as the primary payer for retiree health benefits.
Congress has told the Postal Service it has to act like a business,
and this is
[[Page H1042]]
not something businesses do. Businesses offer secondary coverage to
wrap-around Medicare benefits, and that is what Congress should allow
the Postal Service to do as well. This is sensible policy in keeping
with the practices of private-sector businesses.
Postal Service retirees have been paying into Medicare their entire
careers and, next to the Federal Government itself, the Postal Service
is the largest contributor to the Medicare Trust Fund in the Nation.
Together, these two legislative provisions requested by Postmaster
General DeJoy are projected to help the Postal Service break even in
the coming years.
However, I have made it clear that Republicans need to see solutions
that would also allow the Postal Service to fundamentally improve its
business model. Our reform bill is designed around the Postal Service's
current operational reform plans.
Additionally, our bill makes sure Congress has key oversight tools.
For instance, our bill establishes a public-facing, online dashboard
with full local mail delivery performance data. This will provide
necessary transparency into the on-time delivery of mail, and equip
every House Member to conduct oversight of mail performance in their
local communities.
Congress should not be caught off guard as we were in early 2020 as
the pandemic accelerated performance problems in real time.
My colleagues should also consider what this targeted reform bill
does not do. Our legislation does not include draconian cuts to service
delivery, such as post office closures, or decreasing delivery to
residences.
Our bill keeps the needs of rural Postal Service customers front and
center. For instance, the bill codifies the 6-day delivery of mail and
packages, which provides assurance to businesses and rural communities
alike.
And importantly, our reform bill does all of this without taking the
easy approach of a bailout or increasing the budget. In fact, the bill
is projected to save over a billion dollars of tax funds over the next
decade, over a billion dollars.
Chairwoman Maloney and I have worked closely on receiving the input
from the Postal Service and industry groups large and small, and have
come to an agreement that we believe will have a real impact. I am very
proud of this product, this bipartisan work.
Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the distinguished gentleman from Maryland (Mr. Hoyer), the majority
leader of this Congress.
Mr. HOYER. Madam Speaker, I thank the chair for yielding, and I want
to thank both Mrs. Maloney, Congresswoman Maloney from New York, the
chair of the committee, and Mr. Comer from Kentucky.
There is nobody covering this right now. There aren't a lot of
Members on the floor. This will pass in a bipartisan fashion. But this
is a piece of legislation on one of the most important agencies of
government, the most important services to the American people, keeping
them in touch, getting them goods and services and prescription drugs
that they need, being able to pay their bills.
This bill is a very important bill. The interest in it in terms of
the public is belied by the fact that it is bipartisan and that,
therefore, it is assumed to happen.
But I tell you, Madam Speaker, this is decades in the making. This
bill has been debated--not this bill, but the reforms that this bill
achieves, have been debated for decades.
As the former chair of the Treasury Postal Subcommittee of the
Appropriations Committee, I know full well how difficult this process
has been, and it doesn't need me to say anything more about the
specifics of the bill, other than to thank Chair Maloney. She has been
tenacious. She has been focused, and she has been indefatigable in this
effort.
Madam Speaker, I want say that this would not have been done without
Mr. Comer, because it is easy to demagogue one part of the issue or
some other part of the issue. But the gentleman working together with
Mrs. Maloney has made this happen, and America will be better. The
Postal Service will be better. Postal workers will be better. And the
American community that utilizes and relies on the Postal Service will
have greater security and greater service.
So Madam Speaker, I thank Mrs. Maloney and Mr. Comer.
I thank all of those who worked on this bill in the committee, and I
urge its overwhelming passage on a bipartisan basis.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I reserve the
balance of my time.
Mr. COMER. Madam Speaker, I yield 3 minutes to the gentlewoman from
North Carolina (Ms. Foxx), who has worked steadfastly and been on board
and had significant input in this bill from day one.
Ms. FOXX. Madam Speaker, I thank my colleague from Kentucky who has
done a masterful job, along with Chairwoman Maloney, on this bill.
Madam Speaker, I rise today in support of H.R. 3076, the Postal
Service Reform Act.
The Postal Service is projected to lose $160 billion over the next 10
years as mail volume decreases and costs continue to increase. If
nothing changes, the Postal Service will run out of cash in 2024 and
plead for another taxpayer bailout.
This bill, coupled with Postmaster General DeJoy's 10-year reform
plan, will return the Postal Service to a more sustainable path. It
provides additional transparency mechanisms to help hold the Postal
Service accountable for meeting its goals and ultimately lead its
management to operate more efficiently.
It also allows the Postal Service to choose the most economic reform
of transportation, rather than using outdated rules that are not
tailored to the modern needs of the Postal Service.
The Postal Service Reform Act allows the Postmaster General to make
two financial reforms that are key to the 10-year reform plan. It
allows for Medicare integration and the elimination of the pre-funding
obligations.
Last Congress, I requested a recorded vote on H.R. 2382, the USPS
Fairness Act, and I voted ``no'' on that bill because I believe it is
irresponsible for the Postal Service to shed its pre-funding
obligations without making needed reforms so that taxpayers are not
asked to repeatedly bail it out.
Now I am pleased to say the Postal Service Reform Act delivers those
substantial and badly needed reforms to the Postal Service, such that
its fiscal stability will be restored. Even the Congressional Budget
Office notes that this bill would save taxpayers nearly $1.5 billion
over the next 10 years. This keeps the Postal Service solvent, and
eliminates the need for further postal bailouts.
Common ground is illusive in this body, Madam Speaker. I am proud to
say that the bill before us today is truly a bipartisan step in the
right direction to help the Postal Service fulfill its mission for
years to come.
I urge my colleagues to support this bill.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I would like to
join my colleague, Mr. Comer, in thanking Representative Foxx for her
unique contribution to this bill. She is co-chair of the Postal Caucus
and played a vital role in moving this bill to the floor.
Madam Speaker, I yield 3 minutes to the gentleman from New Jersey
(Mr. Pallone), the distinguished chairman of the House Energy and
Commerce Committee that has jurisdiction over this bill also, and I
thank him for his leadership on this bill.
Mr. PALLONE. Madam Speaker, let me thank Chairwoman Maloney. She has
worked hard on this and has constantly been telling us for months and
years how important this was and we had to get it done. So
congratulations. The day has arrived.
{time} 1445
The U.S. Postal Service, Madam Speaker, is one of the oldest and most
essential American institutions. Unfortunately, it has struggled
financially for many years. That is why this comprehensive, bipartisan
legislation is important, because it will address the financial
challenges facing the Postal Service.
A report last year by the GAO found that, since 2007, Postal Service
expenses have grown faster than revenues, in part due to the cost of
benefits, including retiree expenses.
[[Page H1043]]
The Energy and Commerce Committee has worked closely with the
Oversight and Reform Committee to craft healthcare provisions in the
Postal Service Reform Act that both protect the benefits of retirees
and put the Postal Service on a better financial footing.
Under the bill, current Postal Service retirees will be able to keep
their retirement health plans provided by the Postal Service and will
not be required to enroll in Medicare. However, the legislation creates
a one-time special enrollment period for Postal Service retirees who
are eligible for Medicare to enroll in Medicare part B if they so
choose.
Postal Service retirees who enroll in Medicare part B through this
special enrollment period would not pay late enrollment penalties on
their part B premium. Instead, the Postal Service would pay any late
enrollment penalties on behalf of the individual.
Arrangements like this exist today for certain State and local
government employees. The new special enrollment period will make it
easier and more affordable for current Postal Service retirees to
enroll in Medicare's comprehensive health coverage, and the majority of
Postal Service retirees already choose to take advantage of their
Medicare benefits.
H.R. 3076 would also require future Postal Service retirees to enroll
in Medicare when they become eligible in order to qualify for the
Postal Service's retiree health plan. This would mean that future
Postal Service retirees who are eligible for Medicare would have
Medicare as their primary insurer but also have their Postal Service
health plan filling any gaps in Medicare coverage. This is a common way
to provide retiree insurance in the private sector.
Overall, I believe this bill will improve the financial health of the
Postal Service, and it will allow the Postal Service to continue
providing critical services to the Nation and health benefits to its
employees and retirees.
Madam Speaker, I want to thank everyone, particularly Chairwoman
Maloney, for their involvement in this effort, and I urge support for
the bill.
Mr. COMER. Madam Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Rodney Davis), the ranking member of the House
Administration Committee.
Mr. RODNEY DAVIS of Illinois. Madam Speaker, I do want to reiterate
congratulations and thanks to Chairwoman Maloney and Ranking Member
Comer.
I am a little disappointed, though, because our colleague, Mr. Young,
the dean of the House, is sitting right in front of my favorite
microphone. But I will go here.
I do want to say, this is a great day. We see bipartisanship in
action, bringing this bill to the floor.
I have been a strong supporter of the Postal Service throughout my
time in Congress. The Postal Service is a lifeline to many rural
communities across our country and many right in Illinois' 13th
District that I am proud to represent.
For many families, the Postal Service delivers lifesaving
medications, benefits, and messages from loved ones. Its services are
critical. That is why I have been a leader in supporting it and its
employees, like the letter carriers and the postmasters, who truly are
essential.
Because of the Postal Service's importance to my constituents, I have
worked with colleagues on both sides of the aisle to lead on
initiatives to ensure it is not privatized, delivers mail on Saturdays,
and retains strict service standards.
The Postal Service keeps us connected in ways electronic
communication and other services cannot. Additionally, it finishes
delivering packages for private companies in more rural regions of our
country, like mine.
I am glad we are here today, voting on this vital piece of
legislation that will provide more funding and resources to our postal
employees.
This bill, importantly, makes the Postal Service financially viable
for generations to come and implements efficiencies that will protect
taxpayers and consumers alike. Postmaster General Louis DeJoy projects
this legislation will save the Postal Service $58 billion over the next
10 years and correct the agency's long-term financial problems by 2030.
Additionally, the Congressional Budget Office estimates this
legislation will save the Federal Government $1.5 billion over 10
years.
For these reasons, I support this vital piece of legislation, and I
urge my colleagues to vote ``yes.''
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentlewoman from Florida (Ms. Wasserman Schultz), the
distinguished chair of the Military Construction, Veterans Affairs, and
Related Agencies Subcommittee.
Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise in strong support of
this long-elusive, bipartisan legislation that has been years in the
making. Congratulations to Chairwoman Maloney on her Herculean effort,
along with Mr. Comer.
In the past 2 years, postal workers faced historic public health
challenges to heroically provide a lifeline for all Americans. Just as
they always deliver for us, this reform bill will deliver long-overdue
reforms to allow our Postal Service to thrive.
No other entity, public or private, is required to prefund retiree
health benefits for all its employees decades into the future. Only the
Postal Service faces that fiscally untenable mandate, and this
legislation eradicates that burden.
This reform also codifies 6-day mail delivery, which I am proud to
have long fought for as an appropriator.
This consensus bill increases transparency; allows other services to
be offered to its customers; and expands special rates for newspapers,
to help these vital community watchdogs thrive. These are all
commonsense reforms.
As we build on it, the next steps should require that Members be able
to conduct oversight at postal facilities without prior notice and
allow designation of single ZIP Codes for cities like Hollywood and
Cooper City, Florida, in my district, where assigned ZIP Codes overlap
jurisdictions.
Madam Speaker, I urge a ``yes'' vote on this critical legislation to
help the Postal Service better serve the American people.
Mr. COMER. Madam Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Grothman), who also serves as ranking subcommittee
member on the House Committee on Oversight and Reform.
Mr. GROTHMAN. Madam Speaker, I, as well, support this bill.
This is a bipartisan bill, and people have to realize it has to be a
bipartisan bill. I don't think either party could get 218 votes for
this bill, and of course, the same thing is true in the U.S. Senate.
Therefore, it can't be a bill for extreme people.
There are probably some people who want to get rid of the post office
and just see what happens. Those people are going to vote against the
bill.
However, this is a bill in part negotiated by our current Postmaster
General, Louis DeJoy. I think he has done a tremendous job.
For years, people have said we ought to run the post office like a
business. Now, we have a businessman who doesn't need the job, and he
has negotiated a package.
Admittedly, some people not normally known to sign have signed off.
But it is a good package that will save money.
If this package doesn't pass today, we will probably deal with
another package in 2 or 4 years that is not as good as this package.
We are including new machines, which will improve efficiency. We are
going to switch to more full-time people, which will result in less
overtime. We are going to align the distribution network, and there
will be transportation savings there. These things may not happen in
the future.
I think Mr. DeJoy has done a good job. I think we should stand with
him. I think if we do not vote for this bill today, we are really
sending a message that we cannot vote for something unless it is
absolutely perfect.
I do believe there will be a substantial savings over the next few
years, a savings which would not result if this bill would fail today.
I strongly encourage my colleagues, including my conservative
colleagues, to vote for this bill.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes
to the gentleman from Virginia (Mr. Connolly), the distinguished
[[Page H1044]]
chairman of the Subcommittee on Government Operations.
Mr. CONNOLLY. Madam Speaker, I thank Chairwoman Maloney for her
leadership, as well as Ranking Member Comer. I am also proud as an
original cosponsor of this bill and as the chairman of the subcommittee
with jurisdiction over postal issues.
This bill contains provisions that, when taken together, will right
the course of the Postal Service, returning it to solvency and removing
undue burdens that have mired it in debt for 16 years.
Much of the blame for the Postal Service's financial struggle rests
squarely here in Congress. In 2003, Congress enacted the Postal
Accountability and Enhancement Act, requiring the Postal Service to
make annual, exorbitant prepayments into its retiree health benefits
fund, a requirement required of no other entity in the United States.
These payments kept the Postal Service from profitability for years,
since 2006.
To be sure, this prepayment is not the only issue plaguing the Postal
Service's financial posture in an increasingly online and digital
society. But as the ranking member indicated, what this bill does do is
takes care of that red ink that we are responsible for and puts the
Postal Service in a position to buy time to develop a 21st century
business model that will work and will continue to serve the American
people.
We owe a debt of gratitude to postal workers who have, every day
during this pandemic, served every household and every business in
America on time and reliably, in terms of providing that lifeline and
that one constant in our lives that we depend on.
This bill is going to shore that up and buttress that. It represents
a bipartisan compromise that is long overdue, and I salute the
leadership of our committee, our chairwoman and our ranking member, in
being able to forge that bipartisan coalition that allows us to address
this issue today in a meaningful way and to pass this bill.
Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from
Nebraska (Mr. Bacon).
Mr. BACON. Madam Speaker, I rise today in support of H.R. 3076, the
Postal Service Reform Act.
The United States Postal Service has been part of our society since
Benjamin Franklin was appointed the first Postmaster General in 1775.
However, with the ever-advancing digital economy, the Postal Service's
financial difficulties are well known in modern times.
This bill takes the necessary steps toward addressing the financial
and operational issues facing the Postal Service and properly updates
them for the 21st century. A first-class postal system is critical for
businesses and our economy; it keeps 330 million Americans connected.
This bill also seeks to repair the Postal Service's unsustainable
health and retirement benefits by coordinating an enrollment into
Medicare. Under current law, the Postal Service is required to annually
prepay future retirement health benefits, an obligation Congress does
not require of most other public or private entities. The Postal
Service is bound by statute into this unmanageable system while still
being required to work like a private business.
Congress tied their hands. We created this problem, and now it has
been returned to sender. The package will not stamp out all the Postal
Service's problems overnight, but it is grounded in established
practices and will help deliver first-class-level results worthy of the
legacy of Ben Franklin.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes
to the gentleman from Oregon (Mr. DeFazio), the distinguished chairman
of the Transportation and Infrastructure Committee.
Mr. DeFAZIO. Madam Speaker, I thank Mrs. Maloney for getting us to
this point today, and I thank the ranking member also.
Postal reform has been languishing around here for more than a
decade, and we are finally there. The two largest elements of this
bill--one was already just mentioned by Representative Connolly, the
absurd prefunding mandate that was stuck in at midnight in a
conference, and no one knew it was there. It was back during the Bush
administration. They were trying to kill off the Postal Service.
It said you will prepay healthcare for the next 75 years of
employees. That means people who weren't even born yet, people who
might go to work for the Postal Service someday, that might retire, we
are prepaying their healthcare. That has been an incredible burden on
the Postal Service.
Now, that is going to be fixed. We are going to do away with that.
That is a bill I have carried for many years, the USPS Fairness Act. We
had, actually, 277 cosponsors on that bill in this Congress. I am very
pleased it was included as a key part of reform.
The other one is to have postal retirees sign up for Medicare like
our Federal retirees. That saves another $23 billion.
Those two things alone will put the Postal Service solvent into the
near future, and we will take other steps to increase efficiency.
The Postal Service is critical. They will go where the private sector
will not go, does not want to go. I have people who live in the most
remote parts of my district, very remote. They make a living on eBay
and selling things. If the Postal Service wouldn't pick up their
packages and wouldn't deliver their packages with that box rate, they
couldn't make a living. FedEx isn't going to go out there; UPS isn't
going to go out there. In fact, they dump all the stuff about 25 miles
away from Powers and say: Hey, take this out to that little town. We
don't want to go out that far.
It is an absolutely crucial service for tens of millions of
Americans, and today, we are going to ensure its future.
Madam Speaker, I urge passage of this bill, and I thank the chair and
the ranking member for their work.
{time} 1500
Mr. COMER. Madam Speaker, I yield 3 minutes to the gentleman from
North Dakota (Mr. Armstrong), who has been a strong supporter of reform
from day one.
Mr. ARMSTRONG. Madam Speaker, we all know the importance of the U.S.
Postal Service and its core mission of prompt, reliable, and efficient
mail service to all Americans, regardless of where they live.
This is essential in States like North Dakota, where even the most
rural postal customers rely on the USPS for the reliable delivery of
everything from electric bills to essential medicine.
But for too long, Congress has ignored the substantial problems
plaguing the U.S. Postal Service. From declining mail volume to
operational inefficiency, the Postal Service has been stuck with a
business model that is not suited to meet the needs of the 21st
century.
This body has been complicit in allowing the financially independent
Postal Service to die a slow death over the last 15 years. In that
time, we have seen mail volume collapse by 40 percent; annual losses
total more than $90 billion; and the addition of more than 1 million
new delivery points every year.
When I was on the floor debating these issues last Congress, I said
the Postal Service does not need a short-term bailout; it needs serious
reform. This bill begins that process.
H.R. 3076 is complementary to Postmaster General DeJoy's 10-year
reform plan and his request to Congress. This bill increases
accountability by requiring a public dashboard with national and local
service performance data that is routinely updated. It supports the
delivery of mail at least 6 days per week. It requires regular
reporting to Congress so we can keep on top of the Postal Service's
plan and ensure the investment goals, cost savings, and revenue
projections are met.
It is more important than ever to support initiatives that place the
Postal Service on a path to financial stability and maintain its self-
sufficiency. With a current projected insolvency date of 2024, delaying
postal reform today will only make future decisions more difficult and
more expensive. The status quo is simply not an option.
I appreciate Ranking Member Comer and Chairwoman Maloney coming
together on this bipartisan bill to do the hard work of making the
Postal Service more reliable and sustainable in the long term, and I
urge my colleagues to support this bill.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 1 minute to
[[Page H1045]]
the gentlewoman from Texas (Ms. Jackson Lee), the distinguished vice
chair of the Congressional Progressive Caucus.
Ms. JACKSON LEE. Mr. Speaker, I thank the chair and the ranking
member for this amazing legislation.
To my good friend from Oregon, Mr. DeFazio, I remember that bill year
after year after year because the post office was given the death
penalty. That is what happened in the dark of night.
I worked for the post office. Yes, I remember sorting the mail in
those old days. But what I most remember is the 1 million new delivery
points every year that the post office adds. While others are making a
lot of money, they go to the rural areas.
I also remember the letter carriers, the rural postmasters, and all
the hardworking men and women who were coming to us week after week,
day after day, and said: We are dying out here, and we need to be able
to have our healthcare taken care of.
But guess what? The post office had to prepay it. No one else had
ever had to do that. It was one of the highest liabilities. Along with
that, they were required to fund their pension liabilities at a much
higher level than the rest of the Federal Government.
To conserve cash, they hadn't been paying since 2012. Can you
imagine, they stopped paying their bills since 2012 because they didn't
have any money?
By more closely integrating Medicare, USPS estimates it can save
$22.6 billion over 10 years. What a smart thing to do.
Then, of course, the Postal Service Reform Act would eliminate the
requirement of the prepaid retirement. And, then, it would require USPS
to develop a public-facing online dashboard.
Again, the idea is to save the post office for the American people,
save it for the workers, and save it because it is patriotic to do so.
I congratulate you.
Madam Speaker, as a senior member of the House and the Committee on
Homeland Security, and as Chair of the Judiciary Subcommittee on Crime,
Terrorism, and Homeland Security, and a member of the Equality Caucus,
I rise in strong support of H.R. 3076, the Postal Service Reform Act of
2022.
Passage of this legislation is urgently needed because USPS incurred
its fourteenth consecutive net annual loss in 2020, and even if USPS
continues to default on mandated payments, it would likely run out of
cash to fund its operations prior to 2024.
Madam Speaker, USPS funds the universal mail service it provides to
nearly 159 million delivery points solely through the sale of postage.
USPS adds one million new delivery points every year, even as mail
volume continues to fall.
This means USPS must deliver less and less mail to more and more
places.
In addition, several congressional mandates imposed when mail volume
was at its peak put USPS on the road to insolvency.
USPS is required to pre-fund the health care costs of its employees,
regardless of whether they actually serve until retirement.
USPS is also required to fund its pension liabilities at a much
higher level than the rest of the federal government.
To conserve cash, USPS has defaulted on retiree health care payments
since 2012.
That is why the key reforms in the Postal Service Reform Act of 2021
are so important.
First, the Postal Service Reform Act of 2021 would require future
Postal Service retirees, who have been paying into Medicare their
entire careers, to enroll in Medicare.
Currently, roughly a quarter of postal retirees do not enroll in
Medicare even though they are eligible, which means USPS is stuck
paying far higher premiums than any other public or private sector
employer.
By more closely integrating Medicare, USPS estimates it could save
approximately $22.6 billion over 10 years.
Second, the Postal Service Reform Act of 2021 would eliminate the
requirement that USPS pre-fund retiree health benefits for all current
and retired employees for 75 years in the future.
No private company or other federal government entity is required to
comply with such a burdensome requirement and its elimination is
estimated to drastically reduce its prefunding liability and allow USPS
to save roughly $27 billion over 10 years.
Third, USPS Reform Act of 2021 would require USPS to develop a
public-facing, online dashboard with national and local level service
performance data updated each week to provide additional transparency
and promote compliance with on-time delivery of mail.
Fourth, the Postal Service Reform Act of 2021 would require USPS to
deliver both mail and packages at least six days per week across an
integrated network.
Finally, the Postal Service Reform Act of 2021 would allow USPS to
enter into agreements with State, local, and tribal governments to
provide non-commercial property and services that provide enhanced
value, do not detract from core postal services, and provide a
reasonable contribution to Postal Service institutional costs.
In addition, the legislation contains several provisions that will
improve the effectiveness of the Postal Service, including:
The expansion of special rates for local newspaper distribution to
promote local news organizations;
A Postal Regulatory Commission (PRC) review of cost attribution
guidelines for different Postal Service products to ensure pricing
accuracy and better accounting;
Increased funding autonomy and control for the Postal Regulatory
Commission to increase its budgetary resources commensurate with its
mission of regulating the Postal Service, and to shield the PRC from
government shutdowns;
A study on operational inefficiencies in Postal Service flats and
magazine processing;
Regular congressional reporting on Postal Service operations and
financial performance to enable accountability of stated cost savings,
revenue, and infrastructure investment goals;
Adjustments to the considerations USPS must make when deciding which
mode of transportation to use to deliver mail in order to ensure
greater consistency and reliability; and
The consolidation of the PRC's small Inspector General Office into
the more robust Postal Service Office of Inspector General.
Madam Speaker, the Postal Service's unmatched network and Universal
Service Obligation serves 159 million homes and businesses every day,
processing and delivering an average of 430 million pieces of mail and
packages per day.
In fact, USPS often delivers seven days a week due to demand and
necessity.
This has been especially true during the Covid-19 pandemic as
American homes, businesses and private shippers have relied on the
Postal Service to meet their needs in these extraordinary times.
Madam Speaker, I strongly support this legislation and urge all
Members to join me in voting for H.R. 3076, the Postal Service Reform
Act of 2021.
Mr. COMER. Mr. Speaker, I yield 1 minute to the gentleman from Alaska
(Mr. Young), the dean of the House.
Mr. YOUNG. Mr. Speaker, I thank Mr. Comer and Mrs. Maloney. This is a
good bill.
I have been working on this program for, actually, 48 years. I was
here when they stopped the post office, when we used to run it, and we
caused this mess. You guys are cleaning it up. I want my colleagues to
know this is the right way to go for the post office.
Now, you may wonder why I am so excited about this bill. Try living
in Alaska when you don't have any roads. Try not having anything but
the post office. Try to get your medicines and all the other things.
The post office is the key to the communities in Alaska. This bill
solves all the problems for the post office.
I am proud of the work you have done. I want to thank the staff who
worked on this legislation. It was a hard issue because there are some
people who say: Oh, let them go private. Don't worry about it.
You can't run something like this in the State of Alaska. Because of
our distances and lack of transportation, the post office is the key to
our economy in our great State. I want to thank both of you for the
work you have done. God bless you.
[[Page H1046]]
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes
to the gentleman from Massachusetts (Mr. Lynch), the distinguished
chairman of the Subcommittee on National Security.
Mr. LYNCH. Madam Speaker, I thank Chair Maloney and Ranking Member
Comer for the great work they have done on this bill.
As the son of a postal worker, my mom; as the brother of two postal
workers, my sisters Karen and Linda; and as a nephew and cousin to
about at least a dozen more, especially Pat Morris, my favorite, I rise
in strong support of H.R. 3076, the Postal Service Reform Act of 2022.
This landmark reform agreement will finally place our most trusted
government institution on a path toward financial viability. It is the
product of bipartisan collaboration and meaningful stakeholder input.
It focuses solely on fundamental reform areas that have long been the
subject of bipartisan and stakeholder consensus.
To that end, H.R. 3076 repeals the onerous mandate in current law
requiring the Postal Service to prefund retiree health benefits years
before it is necessary.
The agreement also integrates postal retiree health benefits with
Medicare to ensure that all postal workers receive the benefits that
they have already paid for, a total of more than $35 billion over the
last 40 years.
Moreover, this legislation codifies our support for an integrated
network through which nearly 650,000 dedicated clerks, mail handlers,
letter carriers, supervisors, and postmasters process and deliver mail
and packages to the American people at least 6 days a week, even amid a
global pandemic.
I want to acknowledge the tireless contributions of our employee
partners, especially the unions, in this effort, including President
Fred Rolando of the National Association of Letter Carriers, Paul
Hogrogian of the National Postal Mail Handlers Union, President Ronnie
Stutts of the National Rural Letter Carriers' Association, and
President Mark Dimondstein of the American Postal Workers Union.
I also want to recognize Kori Blalock Keller, Jim Sauber, Paul
Swartz, Katie Maddocks, Brian Young, and Judy Beard, and the
irreplaceable Bob Losi, my great pal and union brother, and all their
staffs for their good work.
Again, I commend Chairwoman Maloney, Ranking Member Comer, Chairman
Connolly, Representative Lawrence, and our dear departed friend Elijah
Cummings, who put a lot of time in on this, for their great work.
I urge my colleagues on both sides of the aisle to support H.R. 3076.
Mr. COMER. Madam Speaker, I yield 1 minute to the gentlewoman from
New York (Ms. Malliotakis).
Ms. MALLIOTAKIS. Madam Speaker, I proudly rise today in support of
this bipartisan Postal Service Reform Act.
Our postal workers are the reliable chain that links Americans and
businesses, from coast to coast.
This bill improves the efficiency of the Postal Service by
streamlining the transportation network, optimizing the workforce to
avoid costly overtime, and requiring reporting accountability.
Additionally, it eliminates the requirement that the USPS prepays 75
years' worth of retiree health benefits, saving $27 billion over the
next 10 years. It also improves customer service by requiring 6-day
delivery.
It is time for us to pave a better path for our neighbors who rely on
and work for the U.S. Postal Service, like John Byers, who recently
retired after 40 years of dedicated service to my district.
I strongly encourage my colleagues to stand alongside our postal
workers and vote for this bill.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 2 minutes
to the gentlewoman from Michigan (Mrs. Lawrence), the distinguished co-
chair of the Congressional Women's Caucus.
Mrs. LAWRENCE. Madam Speaker, I rise today in support of H.R. 3076,
the Postal Service Reform Act.
As the only Member of Congress who served an entire career of 30
years at the post office before coming to this House, I am thrilled to
support legislation that will be the groundwork for the Postal Service
to continue serving America.
I came to Congress with a promise to my constituents and to this
country that I would fight to protect and to ensure that we uphold and
make sure that our Postal Service is strong. Throughout my career, I
was a letter carrier, a clerk, a supervisor, and then moved up to
management. I know firsthand how important the Postal Service is. As a
matter of fact, I call myself a public servant. I know the hard work of
our postal employees and how much this bill means to them and their
lives.
I know that, today, in a bipartisan way--how amazing is that to say
on this floor--we are working to uphold our commitment to address the
longstanding financial issues facing this agency.
Every day, the dedicated Postal Service workers deliver packages
around this country. They deliver them to us. Today, Congress has the
opportunity to deliver a package that will take care of the Postal
Service, one that is established by the Constitution, to ensure that
neither rain, sleet, nor snow will deter them from their appointed
rounds.
Mr. COMER. Madam Speaker, I yield 1 minute to the gentlewoman from
New York (Ms. Tenney).
Ms. TENNEY. Madam Speaker, I rise today in support of H.R. 3076, the
bipartisan Postal Service Reform Act.
Article I, Section 8 of the Constitution gives Congress the power to
establish post offices and to make all laws which shall be necessary
and proper for executing that task. Yes, the U.S. Postal Service, like
the Department of Defense, is a constitutionally created entity.
As a lawyer and longtime small business owner and publisher of a
direct mailed newspaper, the importance of access to our unique system
of universal mail via the United States Postal Service is a game
changer.
Affordable and reliable mail service has given small businesses and
entrepreneurs a level playing field that would be eliminated if the
Postal Service were to be replaced by other more expensive private
options.
Seniors and vulnerable citizens rely on the Postal Service for access
to prescriptions. Small businesses and farmers rely on the post office
to provide reliable and affordable daily delivery. Families across
America, and especially rural America, need the Postal Service to stay
connected here and around the world.
This bill ensures the U.S. Postal Service can continue delivering
universal mail services for years to come by alleviating financial
burdens and increasing transparency and accountability.
I urge my colleagues to support this bill.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentlewoman from the District of Columbia (Ms. Norton), the
distinguished chair of the Subcommittee on Highways and Transit.
Ms. NORTON. Madam Speaker, I thank the distinguished chair and our
ranking member for this bipartisan bill, and I am pleased to speak
today in support of the Postal Service Reform Act. Amongst other good
policy, this bill would finally get rid of the prefunding of retirement
health benefits that has unnecessarily marked the U.S. Postal Service's
finances in a way that other Federal agencies are not treated, nor the
private sector.
Under current law, the Postal Service is required to prefund retiree
health benefits for all current and retired employees for 75 years in
the future. This is a unique requirement, and I am pleased that this
bill that enjoys widespread support would fix this. The bill amends the
2006 Postal Accountability and Enhancement Act to correct this
accounting problem, allowing the Postal Service to save an astonishing
$27 billion over the course of 10 years. The accounting problem led to
U.S. Postal Service showing losses annually of $5.2 billion since 2007
when the U.S. Postal Service, from 2013 to 2018, instead would have
shown a surplus of nearly $4 billion.
The SPEAKER pro tempore (Ms. Jackson Lee). The time of the
gentlewoman has expired.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield the
gentlewoman an additional 15 seconds.
Ms. NORTON. I would be remiss if I didn't take this opportunity to
note my strong concerns about delayed and undelivered mail in the
District of Columbia. Throughout most of the pandemic, I have written
to the Postal Service to repeatedly raise these concerns. These
problems at the Postal
[[Page H1047]]
Service in the Nation's Capital and throughout the country need
immediate attention.
I thank Congresswoman Maloney for her leadership on this important
issue.
{time} 1515
Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from New
York (Mr. Garbarino).
Mr. GARBARINO. Madam Speaker, I rise today in support of H.R. 3076,
the Postal Service Reform Act of 2021.
The United States Postal Service is in urgent need of reform. The
U.S. Postal Service provides an essential service to the American
people, but due to losses in revenue year after year, the long-term
viability of that service is in jeopardy. In fact, it is projected that
the U.S. Postal Service will run out of money completely by 2024.
This bill would institute reforms that would save the Postal Service
an estimated $46 billion over 10 years. Among other provisions, the
Postal Service Reform Act would require postal employees to enroll in
Medicare when they are eligible and to eliminate the unreasonable
requirement that the Postal Service prefund its retiree health benefits
75 years into the future.
Additionally, this bill would improve service by instituting
transparency requirements, promoting compliance with on-time delivery
of mail, requiring operation of at least 6 days a week, and expanding
nonpostal services.
We cannot turn a blind eye to the collapse of our postal system. I
urge every one of my colleagues to support this bill to prevent this.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentlewoman from California (Ms. Pelosi) the Speaker of the
House of Representatives.
Ms. PELOSI. Madam Speaker, I thank the gentlewoman for yielding, and
I salute the leadership of Chairwoman Carolyn Maloney and Ranking
Member James Comer. I thank them both for bringing this important
legislation to the floor and their determined leadership to have a
bipartisan bill, which is really important, and doing so, again, in a
spirit of bipartisanship that would make our Founders proud.
Madam Speaker, 230 years ago this month our fledgling Nation took a
bold step toward the future by formally establishing the modern United
States Postal Service, a beautiful thread that continues to weave
together communities across America.
Today, I rise in support of the Postal Service Reform Act, which
takes long overdue actions to strengthen this pillar of our democracy
so that it can continue to serve our communities for decades to come.
Since our earliest days, when couriers on horseback traversed the
Colonies, America's postal system has been a model for the world.
Indeed, our Founders knew the value of a strong Postal Service,
enshrining it into Article I, Section 8 of our Constitution: ``The
Congress shall have the power . . . to establish post offices and post
roads.''
And, when Alexis de Tocqueville visited in the early 19th century, he
was in awe of how our Postal Service brought Americans together,
writing there was ``no French province in which the inhabitants knew
each other as well as 13 million men spread over the extent of the
United States.''
Yet, decades of poor policy decisions and chronic underinvestment
have put this all-American institution on the path of insolvency. As
was indicated by the gentleman who just spoke, experts project that
USPS will run out of cash as soon as 2024; and reduced services and
added delays would only continue and bring harm in every ZIP Code.
Meanwhile, our Nation continues to ask more and more of our postal
workers. Today, they deliver to nearly 159 million delivery points--
imagine that--159 million delivery points--across the Nation, and they
add one million more delivery points each year. And millions of
Americans depend on the USPS to deliver prescriptions, Social Security
benefits, paychecks, tax returns, absentee ballots, and more.
I will just say in the period of COVID the U.S. Postal Service was
angelic. It was delivering prescriptions to our veterans who were in
need of those prescriptions, as well as to seniors and others. So we
thank them for that.
So this legislation would put the Postal Service on stronger
financial footing while improving the reliability of its services while
protecting the benefits of employees and retirees.
The legislation makes bipartisan, commonsense provisions that will
welcome all future postal retirees into Medicare, free the U.S. Postal
Service from the unnecessary requirement to prefund retiree health
benefits 75 years in advance--and we call that a financial albatross--
and improve USPS reliability with new transparency measures that will
help ensure consistent on-time mail delivery.
I have much more on that that I will submit for the Record, Madam
Speaker.
As a mother of five and grandmother of nine, I heavily depend on the
Postal Service for all kinds of things. Children write letters to
Santa. They still write letters to Santa. They do not text Santa. Some
do, maybe, but the letter to Santa is very important. Parents sharing
graduation photos; friends offering condolences; wedding announcements;
whatever it is, it is still the duty of the Postal Service to deliver
it. And servicemembers communicating with home is so important.
This important legislation takes the strong step to empower the
Postal Service to continue its crucial mission to improve our lives,
touch our hearts, and connect our communities.
With that, I once again want to thank Chairwoman Maloney and Ranking
Member Comer, and I urge a strong bipartisan vote for this legislation.
And again, even though we are communicating electronically in so many
ways, there is no substitute for that personal connection that the
Postal Service provides for us.
Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from
North Carolina (Mr. Rouzer).
Mr. ROUZER. Madam Speaker, I thank my friend for yielding.
Madam Speaker, I had not originally planned to speak on this bill,
but I think there are several things that need to be underscored. And
before I get into those, let me say we have all had our moments with
the Postal Service; I certainly have. But this is one agency that is
specifically prescribed by the Constitution. Major reforms are always
hard, and when we have the opportunity to make these reforms, we need
to take that opportunity.
Part of the reason why I am so strongly in support of this bill is my
friend Louis DeJoy, who is the Postmaster General. There is no one more
capable and qualified to serve in that capacity. This is a gentleman
who is one in a million.
Now is the best time to get these reforms passed and get them
implemented. If we don't do it now, it may never happen.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentleman from Illinois (Mr. Krishnamoorthi), the distinguished
chair of the Subcommittee on Economic and Consumer Policy.
Mr. KRISHNAMOORTHI. Madam Speaker, I thank the gentlewoman for
yielding.
Madam Speaker, I rise in support of the Postal Service Reform Act. I
thank Chairwoman Maloney and Ranking Member Comer for delivering good
news for America.
What is this good news? This bill eliminates the retirement health
prefunding mandate. It requires 6-day-a-week delivery. It increases
transparency and accountability for the Postal Service.
I thank all of our allies who have been working to pass this bill,
including the letter carriers, post handlers, rural carriers, postal
workers. Neither snow, nor rain, nor heat, nor gloom of night, nor
politics or partisanship can get in the way of this bill.
I urge swift passage of the Postal Service Reform Act.
Mr. COMER. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Fitzpatrick).
Mr. FITZPATRICK. Madam Speaker, I rise today in strong support of the
Postal Service Reform Act.
As my colleagues have pointed out here, this is a long-overdue reform
measure that will ensure 6-day delivery, eliminate the prefund mandate
which, by the way, applies only to the U.S. Postal Service. Not a
single other government agency across this Nation
[[Page H1048]]
has been subject to this wildly outrageous provision that has
significantly undermined the financial stability of the post office.
Madam Speaker, the very first Postmaster General was someone from my
hometown of Philadelphia, a man by the name of Ben Franklin. His annual
salary was $1,000 a year. And you look at the history of the U.S.
Postal Service, all the way up to and including the time of the COVID-
19 pandemic where they were up there on the front lines serving our
communities, serving our constituents, making sure that our country
continued to run. We owe them this support to reform these measures and
ensure the stability and strength of our hero letter carriers and
postal workers across our Nation.
Mr. COMER. Madam Speaker, may I inquire how much time I have
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 8\1/2\
minutes remaining. The gentlewoman from New York has 9 minutes
remaining.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentleman from Illinois (Mr. Danny K. Davis), the distinguished
chairman of the Worker and Family Support Subcommittee.
Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I commend the
chairwoman of this committee and ranking member for bringing this very
important bipartisan bill to the floor.
I associate myself with many of the comments that have been made by
colleagues on both sides, but I also remember when Chicago, the third
largest city in the United States of America, believed that its Postal
Service was the best thing it had going. We took great pride in it.
That has not been the case for the last several years.
And so we are coming to this point today where we can restore the
viability of our Postal Service. I also worked at the post office. It
was my first real job. And we had a saying: ``Clean hands, gentle
touch, surely we owe a letter that much.'' We will restore that.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield 1 minute
to the gentlewoman from Ohio (Ms. Kaptur), the distinguished chair of
the House Appropriations Subcommittee on Energy and Water Development.
Ms. KAPTUR. Madam Speaker, I rise today in strong support of this
bipartisan United States Postal Service and Postal Service Reform bill.
By eliminating the unnecessary and harmful mandate to prefund retiree
benefits, and preserving 6-day delivery, we are investing in our
hardworking postal workers and safeguarding this vital American
service.
For more than 200 years, the United States Postal Service has
delivered to households and businesses in every community on every
block in every State of our great Nation. What an American enterprise.
Through rain, sleet, and snow, hundreds of thousands of postal
workers serve America every single day, making sure we all remain
connected.
I was a carrier; I know, too.
The United States Postal Service is foundational to our American way
of life. It is incumbent upon Congress to support this cherished and
essential institution for all the generations to come.
I urge all of my colleagues to vote for the Postal Service Reform
bill and vote for the United States Postal Service.
I thank all those who labored for so many years to bring this to the
floor. Congratulations to you and to America.
Mr. COMER. Madam Speaker, I reserve the balance of my time.
{time} 1530
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I am prepared to
close, and I reserve the balance of my time.
Mr. COMER. Madam Speaker, I yield myself such time as I may consume,
and I thank my House colleagues for their heartfelt remarks today.
Madam Speaker, America's most esteemed institution, the United States
Postal Service, is in trouble. Since the 1970s legislative reform,
Congress has expected the Postal Service to operate as an independent
and self-sufficient organization. However, for years, the Postal
Service has spent far more than it has brought in, and last year alone
lost over $9 billion. Many of these challenges are beyond the control
of prior Postal Service leadership.
The U.S. Congress has legally obligated the Postal Service to provide
universal mail service delivery. Today, that means delivery to over 160
million addresses. This is a massive and expensive undertaking that
cannot be glossed over. Additionally, as our Nation's population and
economy continues to grow, so will the Postal Service's ever-increasing
expenses.
H.R. 3076 does not change this universal service obligation, but we
risk having that difficult national conversation if we do nothing. The
price for inaction is a Postal Service that will eventually require
drastic service reductions, especially in rural, remote parts of
America, or continual taxpayer-funded bailouts, which no conservative
and no taxpayer should want. Neither are desirable options.
We have an opportunity to pass targeted legislation to relieve the
Postal Service of certain financial hardships and bolster its ambitious
structure reform initiatives.
This moment, with a bipartisan bill and bold Postal Service
leadership at the helm, may not be easily replicated in future years. I
urge my colleagues to vote ``yes'' on H.R. 3036.
Madam Speaker, before I yield back, I would be remiss if I didn't say
my grandmother spent her whole career as a rural mail carrier. Her name
was Maitred Witcher, and she had Route 1 in Red Boiling Springs,
Tennessee. I grew up with an appreciation for our mail carriers and I
appreciate all the hardworking employees of the U.S. Postal Service.
Madam Speaker, I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, as we have heard many times on the floor today, the
Postal Service is vital to the United States. It is so important that
the Founding Fathers put it in the Constitution, right there under
Article I. They did this because they knew that the Postal Service
would keep our people connected and would ensure that no matter where a
person lives in this country, they can receive mail and other critical
deliveries.
As the gentleman, the dean, from Alaska said, one stamp can take you
from across the street in an urban area all the way to Alaska to some
of the most remote areas. It is a critical, critical service.
Madam Speaker, this bipartisan bill will dramatically improve the
financial situation of the Postal Service--and I would say the country
that depends on it--and enable it to continue performing these
essential services for the American people.
We all know firsthand the incredible job that the postal workers did
during the COVID-19 crisis, risking their lives to deliver our mail
every day. While many of us were quarantined and safe in our homes,
they were out interacting with people every day providing the service.
At times in my district, half the Postal Service was out sick with
COVID because of the interaction that they did to save our lives.
Just as 9/11 was helped so dramatically by the police and fire, along
with the healthcare workers, this COVID crisis was helped dramatically
by the Postal Service. They are really the heroes and heroines of this
crisis.
Madam Speaker, I share my thanks for the support of so many of my
colleagues on both sides of the aisle who understand and support the
necessity of these reforms. A vote for this bill is not only a vote for
the post office, I would say it is a vote for yourself, for the
services that we all receive, for America, for our institutions, and
our values.
Madam Speaker, I include in the Record a letter that lists all the
Members who reached out to indicate that they would have cosponsored
the bill had they had the opportunity to do so.
Committee on Oversight and Reform, House of
Representatives,
Washington, DC, February 8, 2022.
Cheryl L. Johnson,
Clerk of the U.S. House of Representatives,
Washington, DC.
Dear Ms. Johnson: As a result of a clerical error, numerous
Members of Congress who had expressed interest in
cosponsoring H.R. 3076, the Postal Service Reform Act, were
not added to the bill before it was discharged
[[Page H1049]]
from all committees and placed on the union calendar. Below
is a list of the Members of Congress who would have
cosponsored H.R. 3076 had they been able to be added.
Brad Sherman (CA), David B. McKinley (WV), Andy Levin (MI),
Maria Elvira Salazar (FL), Mark Pocan (WI), Mariannnette
Miller-Meeks (IA), Salud Carbajal (CA), Madeleine Dean (PA),
Eric Swalwell (CA), Lisa Blunt Rochester (DE), Veronica
Escobar (TX), Jim Langevin (RI), Peter DeFazio (OR), Yvette
D. Clarke (NY), Peter Welch (VT), Betty McCollum (MN), Bobby
L. Rush (IL), Marc Veasey (TX), David Trone (MD), Nydia
Velazquez (NY), Brendan Boyle (PA), Alma Adams (NC).
Raul M. Grijalva (AZ), Ann Kuster (NH), Jim Himes (CT),
Robin Kelly (IL), Doris Matsui (CA), Rashida Tlaib (MI), Tom
Malinowski (NJ), Barbara Lee (CA), Haley Stevens (MI), Jake
Auchincloss (MA), Pramila Jayapal (WA), Greg Stanton (AZ),
Judy Chu (CA), Gregory Meeks (NY), John Yarmuth (KY), Deborah
Ross (NC), Colin Allred (TX), Antonio Delgado (NY), Jim
McGovern (MA), Donald Payne Jr. (NJ), Diana DeGette (CO),
William Keating (MA).
Sara Jacobs (CA), David Cicilline (RI), Andre Carson (IN),
Kweisi Mfume (MD), Mark DeSaulnier (CA), Lizzie Fletcher
(TX), Emanuel Cleaver (MO), Luis Correa (CA), Henry Cuellar
(TX), Carolyn Bourdeaux (GA), Paul Tonko (NY), Adam Smith
(WA), Suzan K. DelBene (WA), Danny K. Davis (IL), Chrissy
Houlahan (PA).
Jared Golden (ME), Mary Gay Scanlon (PA), Mike Levin (CA),
Matt Cartwright (PA), Sean Casten (IL), Vicente Gonzalez
(TX), Suzanne Bonamici (OR), Michael Waltz (FL), Julia
Brownley (CA), Jamie Raskin (MD), Ashley Hinson (IA), Glenn
``GT'' Thompson (PA), Mark Takano (CA), Adam Schiff (CA),
Sheila Jackson-Lee (TX).
Sincerely,
Carolyn B. Maloney
Chairwoman,
Committee on Oversight and Reform.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I also include in
the Record a list of over 200 diverse organizations across our country
that support this bill.
United States Postal Service,
Washington, DC, June 28, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental
Affairs, U.S. Senate, Washington, DC.
Hon. Rob Portman,
Ranking Member, Committee on Homeland Security and
Governmental Affairs, U.S. Senate, Washington, DC.
Hon. Carolyn P. Maloney,
Chairwoman, Committee on Oversight and Reform, House of
Representatives, Washington, DC.
Hon. James Comer,
Ranking Member, Committee on Oversight and Reform, House of
Representatives, Washington, DC.
Dear Chairman Peters, Chairwoman Maloney, Ranking Member
Portman, and Ranking Member Comer: I want to salute your
leadership in introducing bipartisan, bicameral legislation
to restore the Postal Service to financial sustainability
while advancing service and operational accountability. You
have struck an important balance in the Postal Service Reform
Act, evident by the impressive list of bipartisan original
cosponsors. The American people and the men and women of the
Postal Service will be the beneficiaries of this outstanding
work for years to come.
The Postal Service supports the bill and has provided your
staff with modest technical refinements that we hope will be
adopted as the legislative process advances. We have provided
similar feedback to the Office of Management and Budget at
their request. Postal reform legislation has faltered in past
Congresses when language is added that unsettles the kind of
careful balance you have achieved in this bill. Accordingly,
I would commend your collective resolve in advancing a reform
bill limited to the current set of provisions.
I wanted to particularly comment on Section 202, the
Integrated Delivery Network provision, which as introduced
requires six-day delivery through an integrated delivery
network for market-dominant and competitive products. This
provision sets forth important principles that underlie the
Postal Service's provision of universal mail and package
delivery service and that therefore benefit the American
people. I strongly urge you to retain the wording as
introduced, despite what we consider to be a parochial and
misguided effort to modify or eliminate it.
I have elaborated in an attachment on the reasons this
provision is so essential to our mission.
I look forward to continuing to work with you to advance
the postal reform legislation you have put forward to serve
the interests of the American people. Each of you have
already shown yourselves to be exceptional leaders to
preserve this essential institution and its noble mission.
Please let me how we can assist in your important efforts.
Sincerely,
Louis DeJoy,
Postmaster General, CEO.
____
an integrated network enables six-day delivery
I offer the following context regarding the merit of the
language proposed in Section 202 of your bill, which would
amend how the Postal Service's universal service obligation
is described in our enabling statute, Title 39 of the United
State Code. Specifically, that provision would amend 39
U.S.C. 101(b) by adding 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.''
Initially, the Postal Service took the position that it was
not necessary to codify in Title 39 the requirement to
deliver six days a week. We argued the ``Delivering for
America'' plan includes at its core the ``maintenance of
universal six-day mail delivery and expanded seven-day
package delivery reach.'' Recognizing, however, that it is
Congress's prerogative to interpret and define the scope of
the Postal Service's universal service obligation, we
understand the policy goal of including a requirement to
deliver six-days a week in Title 39, rather than continuing
to include it as a rider to annual appropriations
legislation. In particular, we understand that Congress
wishes to make it clear in our enabling statute that it is
appropriate public policy, and in the best interests of the
American people, that the Postal Service provide at least six
days of mail and package delivery as a central aspect of our
universal service mission.
This same rationale applies equally to the language
requiring the retention of the ``integrated network for the
delivery of market-dominant and competitive products''
concept with any codified six-day delivery requirement. This
language properly reflects that the unitary postal delivery
network has delivered letters as well as packages at the same
time and through the same delivery network for well over a
century. American businesses and consumers benefit from the
economies of scope and density resulting from the delivery of
packages across the Postal Service's universal service
network, which reduces the average cost of every mail-piece
in the network and leads to more affordable prices for both
mail and packages. These benefits accrue to other shipping
companies as well, who can access the Postal Service's
delivery network through our Parcel Select product. Overall,
society as a whole benefits from these economies, and there
is nothing unfair or inappropriate about them. Simply put,
and just like 6-day delivery, an integrated network for the
delivery of mail and packages is in the best interests of the
American people.
The Postal Service also considers this language to provide
the appropriate operational flexibility. It does not prevent
us from structuring our delivery network in an optimal
fashion, such as by running special parcel routes as a
supplement to our normal integrated routes when business
conditions warrant. It also does not inhibit our ability to
structure our middle mile processing network in the manner
that we see fit, as it only applies to the delivery of mail
and packages, not processing.
an integrated network enables our universal service mission
Congress has recognized the importance of universal package
delivery, and we see the inclusion of this provision as
consistent with that fundamental principle. In this regard,
the universal delivery of packages is a core component of the
Postal Service's universal service mission. The Postal
Service provides affordable, universal package delivery
services to the American people in all communities whether
urban or rural, and to American businesses of all sizes. This
enables full participation by all Americans in the e-commerce
economy. The importance of this public service mission has
become even more apparent during the COVID-19 pandemic. Now,
more than ever, there can be no doubt that the Postal Service
is part of the critical infrastructure of the country,
providing an essential service to the American people,
delivering packages with life-sustaining medications and
other necessary consumable goods throughout the pandemic, and
thereby shoring up the resilience of our nation.
Not only do competitive products themselves represent an
important service, they also provide critical financial
support to other universal services. Package delivery enables
us to generate revenue that is absolutely necessary to
support the provision of prompt, reliable, and affordable
universal services in a self-sufficient manner, and therefore
critical to our financial sustainability. Our package
products generate an increasingly vital level of contribution
to support the Postal Service's universal service network and
thereby ensure the continued provision of reliable and
efficient universal postal services to all American people
and to all American businesses. Efforts that limit our
ability to compete equally or chip away at our revenue
generation capabilities are contrary to the public policy
goal that we be self-funded while continuing to provide
essential universal service to the nation.
Therefore, if Congress believes that six-day delivery is
critical enough to the universal service obligation to codify
it in Title 39, then as a matter of sound public policy, it
should also recognize the equally critical importance of the
Postal Service providing both mail and package delivery
across an integrated postal delivery network.
I encourage you to retain the language of Section 202 of
the Postal Service Reform Act of 2021 (H.R. 3076/S. 1720) as
introduced.
[[Page H1050]]
Mrs. CAROLYN B. MALONEY of New York. And I would again thank Ranking
Member Comer for his partnership on this widely supported bill. It
would not have happened without his partnership, and I am deeply
grateful.
Madam Speaker, with that, I urge all of my colleagues to support this
historic bipartisan bill. We rarely get a chance to vote for a bill
that helps so many people, that actually saves taxpayers money, that
reforms our government, doesn't cost anything. We are just reforming
and making government work better to serve the people. That is what
this bill is. It is a win-win-win in every direction.
Madam Speaker, I hope that this body would unanimously vote for it
and send it to the Senate with a message that they should pass it as
quickly as possible.
Madam Speaker, I thank my colleague, Mr. Comer, for his leadership,
his friendship, and for the long path we went through together to make
this happen. I thank all my colleagues who participated in making this
happen, particularly our Speaker and our leadership in this Congress.
Madam Speaker, I yield back the balance of my time.
Mr. BLUMENAUER. Madam Speaker, I am pleased to support this important
legislation to bolster the United States Postal Service.
As we all saw in the last few years, the postal service is vital to
our communities and I'm glad that it is getting the attention that it
deserves. From keeping rural and small-town America connected, to
delivering Social Security checks and medications, to maintaining our
democracy by ensuring that people can safely cast a vote, we have so
much at stake.
Meaningful postal reform affects us all and I am happy to support
this critical program.
Ms. MOORE of Wisconsin. Madam Speaker, I rise in strong support of
H.R. 3076, the Postal Reform Act. It is my hope that the changes in
this legislation will help the United States Postal Service and its
hardworking employees continue to serve our communities.
Our communities depend on a strong and vibrant Postal Service. The
United States Postal Service reaches into every community of every size
across our nation through its unmatchable delivery network. Over
600,000 hardworking Postal Service employees, nearly a quarter of them
veterans, help the Postal Service carryout its obligations and provide
top quality service to our communities which has helped the Postal
Service consistently rank as one of the most respected institutions.
My constituents, like most Americans, rely on the efficient and
timely delivery of bills, parcels and medication by the Postal Service.
And when asked to do more, our postal workers step up. For example, the
administration recently leaned on the Postal Service to help distribute
at home COVID test kits, given its presence and ability to reach every
community in our country. It is critical that the House take up
legislation to help strengthen the Postal Service. This debate has been
long overdue and so I welcome today's vote. I hope our colleagues in
the Senate will quickly follow suit.
The challenges facing the Postal Service are well known. The adverse
impact of mandates imposed by Congress in 2006 Postal Reform
legislation that have hurt the Postal Service. The declining volume of
first-class mail and associated revenue losses. Policy changes
initiated by the current Postmaster General that has slowed the mail
while raising mailing costs, a recipe for disaster.
At the same time, the Postal Service has an aging vehicle fleet that
becomes more expensive every year to maintain and keep on the road.
The bill before us, while not perfect and not addressing every issue,
would help put the Postal Service on a better path. I fear that every
day of further inaction or delay on legislation such as the Postal
Reform Act would only worsen the situation facing the Postal Service,
its customers, and its employees. And failing to act may only lead to
even more drastic measures and service cuts that will only adversely
impact the millions of Americans and businesses that rely on the USPS.
For example, some have used the current situation to push for ill-
advised privatization of the Postal Service.
The Postal Reform Act includes provisions from stand-alone bills that
I support such as preserving six-day mail delivery and repealing the
requirement that the USPS prefund future retirement health benefits.
And it would provide more flexibility for the Postal Service to offer
work with state, local and tribal governments, to explore avenues to
help generate more revenues.
We need a strong and vibrant Postal Service that maintains accessible
services for all in our community. As the most trusted institution in
the federal government and the cornerstone of a trillion dollar plus
industry, the Postal Service and its dedicated postal workforce deserve
every effort on our part to ensure it remains a viable and thriving
institution.
I support this legislation and urge my colleagues to do the same.
Ms. JACKSON LEE. Madam Speaker, as a senior member of the House and
the Committee on Homeland Security, and as Chair of the Judiciary
Subcommittee on Crime, Terrorism, and Homeland Security, and a member
of the Equality Caucus, I rise in strong support of H.R. 3076, the
Postal Service Reform Act of 2022.
Passage of this legislation is urgently needed because USPS incurred
its fourteenth consecutive net annual loss in 2020, and even if USPS
continues to default on mandated payments, it would likely run out of
cash to fund its operations prior to 2024.
Madam Speaker, USPS funds the universal mail service it provides to
nearly 159 million delivery points solely through the sale of postage.
USPS adds one million new delivery points every year, even as mail
volume continues to fall.
This means USPS must deliver less and less mail to more and more
places.
In addition, several congressional mandates imposed when mail volume
was at its peak put USPS on the road to insolvency.
USPS is required to pre-fund the health care costs of its employees,
regardless of whether they actually serve until retirement.
USPS is also required to fund its pension liabilities at a much
higher level than the rest of the federal government.
To conserve cash, USPS has defaulted on retiree health care payments
since 2012.
That is why the key reforms in the Postal Service Reform Act of 2021
are so important.
First, the Postal Service Reform Act of 2021 would require future
Postal Service retirees, who have been paying into Medicare their
entire careers, to enroll in Medicare.
Currently, roughly a quarter of postal retirees do not enroll in
Medicare even though they are eligible, which means USPS is stuck
paying far higher premiums than any other public or private sector
employer.
By more closely integrating Medicare, USPS estimates it could save
approximately $22.6 billion over 10 years.
Second, the Postal Service Reform Act of 2021 would eliminate the
requirement that USPS pre-fund retiree health benefits for all current
and retired employees for 75 years in the future.
No private company or other federal government entity is required to
comply with such a burdensome requirement and its elimination is
estimated to drastically reduce its prefunding liability and allow USPS
to save roughly $27 billion over 10 years.
Third, USPS Reform Act of 2021 would require USPS to develop a
public-facing, online dashboard with national and local level service
performance data updated each week to provide additional transparency
and promote compliance with on-time delivery of mail.
Fourth, the Postal Service Reform Act of 2021 would require USPS to
deliver both mail and packages at least six days per week across an
integrated network.
Finally, the Postal Service Reform Act of 2021 would allow USPS to
enter into agreements with State, local, and tribal governments to
provide non-commercial property and services that provide enhanced
value, do not detract from core postal services, and provide a
reasonable contribution to Postal Service institutional costs.
In addition, the legislation contains several provisions that will
improve the effectiveness of the Postal Service, including:
1. The expansion of special rates for local newspaper distribution to
promote local news organizations;
2. A Postal Regulatory Commission (PRC) review of cost attribution
guidelines for different Postal Service products to ensure pricing
accuracy and better accounting;
3. Increased funding autonomy and control for the Postal Regulatory
Commission to increase its budgetary resources commensurate with its
mission of regulating the Postal Service, and to shield the PRC from
government shutdowns;
4. A study on operational inefficiencies in Postal Service flats and
magazine processing;
5. Regular congressional reporting on Postal Service operations and
financial performance to enable accountability of stated cost savings,
revenue, and infrastructure investment goals;
6. Adjustments to the considerations USPS must make when deciding
which mode of transportation to use to deliver mail in order to ensure
greater consistency and reliability; and
7. The consolidation of the PRC's small Inspector General Office into
the more robust Postal Service Office of Inspector General.
Madam Speaker, the Postal Service's unmatched network and Universal
Service Obligation serves 159 million homes and businesses every day,
processing and delivering an average of 430 million pieces of mail and
packages per day.
In fact, USPS often delivers seven days a week due to demand and
necessity.
[[Page H1051]]
This has been especially true during the Covid-19 pandemic as
American homes, businesses and private shippers have relied on the
Postal Service to meet their needs in these extraordinary times.
Madam Speaker, I strongly support this legislation and urge all
Members to join me in voting for H.R. 3076, the Postal Service Reform
Act of 2021.
The SPEAKER pro tempore. All time for debate on the bill has expired.
Amendment Offered by Mrs. Carolyn B. Maloney of New York
Mrs. CAROLYN B. MALONEY. Madam Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 17, line 2, strike ``2022'' and insert ``2023''.
Page 17, beginning on line 5, strike ``section 1839(e) of
the Social Security Act (42 U.S.C. 1395r(e))'' and insert
``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))''.
Page 18, line 9, strike ``by'' and insert ``for''.
Page 20, strike lines 10 through 15 and insert the
following:
``(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''.
Page 24, before line 24, insert the following:
(C) Application to certain postal service annuitants or
family members.--Section 1862(b)(1)(E) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(E)) is amended by adding at the
end the following:
``(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.''.
Page 26, line 19, strike ``a'' and insert ``the''.
Page 28, line 5, strike ``(o).'' and insert ``(o)''.
Page 28, starting on line 15, strike ``through'' and all
that follows through line 18, and insert the following:
``through--
``(1) a prescription drug plan; or
``(2) contracts between such a Program plan and the PDP
sponsor of such a prescription drug plan.''.
Page 29, line 13, strike the period at the end and insert
the following: ``, or who may be subject to the enrollment
requirements described in paragraphs (1) and (2) of section
8903c(e) of title 5, United States Code, as added by
subsection (a).''.
Page 29, line 23, strike ``are eligible'' and insert ``may
be eligible''.
Page 30, strike lines 9 through 16.
Page 30, strike line 18 and all that follows through line
25 on page 31 and insert the following:
(1) CMS appropriation.--In addition to amounts otherwise
available, there is appropriated to the Centers for Medicare
& Medicaid Services--Program Management Account, for fiscal
year 2022, out of any money in the Treasury not otherwise
appropriated, $7,500,000, to remain available until expended,
for the purposes of carrying out this section, including the
amendments made by this section.
(2) SSA appropriation.--In addition to amounts otherwise
available, there is appropriated to the Social Security
Administration for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $16,000,000, to remain
available until expended, for the purposes of carrying out
this section (with the exception of the purposes set forth in
subsection (c)(3)(B)), including the amendments made by this
section.
(3) OPM appropriation.--In addition to amounts otherwise
available, there is appropriated to the Office of Personnel
Management for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, $70,500,000, to remain
available until expended, for the purposes of carrying out
this section, including the amendments made by this section.
Page 30, beginning on line 20, strike `` `Centers for
Medicare & Medicaid Services--Program Management' '' and
insert ``the Centers for Medicare & Medicaid Services--
Program Management Account''.
Page 31, line 11, after ``out'', insert ``subsection (c)(3)
for the purposes set forth in''.
Page 32, strike lines 1 through 5 and insert the following:
(4) Funds credited by postal service.--The United States
Postal Service shall deposit an amount equal to the sum of
the amounts appropriated under paragraphs (1), (2), and (3)
into the Treasury as a miscellaneous receipt from the Postal
Service Fund in fiscal year 2022.
Page 32, line 15, strike ``described in subsection
(c)(3)(B)'' and insert ``described in subsection (c)(3) for
the purpose set forth in subsection (c)(3)(B)''.
Page 48, line 17, insert ``for each product'' after
``performance''.
Page 48, line 21, insert ``for each product'' after
``compliance''.
The SPEAKER pro tempore. Pursuant to House Resolution 912, the
gentlewoman from New York (Mrs. Carolyn B. Maloney) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, I rise today in support of this manager's amendment to
H.R. 3076, which makes minor technical changes to the bill. We have
already discussed this bill at length so I will be brief.
The Postal Service is one of America's most vital and respected
institutions. Every American benefits from the services it provides.
This bill will dramatically improve the financial situation of the
Postal Service and will allow it to continue providing its essential
services for years to come. The technical changes made by the manager's
amendment will help ensure that the bill is implemented swiftly and
effectively.
Madam Speaker, I ask my colleagues to vote ``yes'' on this amendment,
but before that, I want to really give my heartfelt thanks to the
Committee on Oversight and Reform, the staff, that made this happen,
particularly Mark Stephenson and Ethan VanNess.
Madam Speaker, I yield 1 minute to the gentleman from Kentucky (Mr.
Comer), my friend, the ranking member.
Mr. COMER. Madam Speaker, I rise in support of the amendment.
Madam Speaker, as we have worked together on the Postal Service
Reform Act over the past year, Chairwoman Maloney and I strove to fully
incorporate the legislative feedback we received from the relevant
agencies. This manager's amendment contains necessary technical fixes
to ensure the bill's requirements are efficiently and effectively
implemented.
For instance, it ensures that the U.S. Postal Service, and not the
American taxpayer, fully cover the implementation costs of the Office
of Personnel Management, Social Security Administration, and Centers
for Medicare and Medicaid Services.
Madam Speaker, I thank the chairwoman and the Committee on Oversight
and Reform staff for working diligently with me to make sure this bill
is done right.
Madam Speaker, I yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I urge passage of
this amendment, and I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Hayes). Pursuant to the rule, the
previous question is ordered on the bill and on the amendment offered
by the gentlewoman from New York (Mrs. Carolyn B. Maloney).
The question is on the amendment offered by the gentlewoman from New
York (Mrs. Carolyn B. Maloney).
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. COMER. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
____________________