136 STAT. 1127 PUBLIC LAW 117–108—APR. 6, 2022 Public Law 117–108 117th Congress An Act To provide stability to and enhance the services of the United States Postal Service, and for other purposes. 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: 39 USC 501 note. 39 USC 101 note. Postal Service Reform Act of 2022. Apr. 6, 2022 [H.R. 3076] VerDate Sep 11 2014 08:13 Apr 11, 2022 Jkt 029139 PO 00108 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL108.117 PUBL108 dkrause on LAP5T8D0R2PROD with PUBLAWS 136 STAT. 1128 PUBLIC LAW 117–108—APR. 6, 2022 ‘‘§ 8903c. Postal Service Health Benefits Program ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘covered Medicare individual’ means an indi- vidual 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 Manage- ment; ‘‘(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 incon- sistent 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. 5 USC 8903c. VerDate Sep 11 2014 08:13 Apr 11, 2022 Jkt 029139 PO 00108 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL108.117 PUBL108 dkrause on LAP5T8D0R2PROD with PUBLAWS 136 STAT. 1129 PUBLIC LAW 117–108—APR. 6, 2022 ‘‘(B) APPLICABILITY OF CHAPTER REQUIREMENTS TO CON- TRACTS.—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 Pro- gram 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 annu- itants, 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 comprehen- sive 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 annu- itants, 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 prescrip- tion drug benefits coverage required under subsection (h)(2). ‘‘(3) APPLICABILITY OF FEDERAL EMPLOYEES HEALTH BENE- FITS 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 accord- ance 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 bene- fits 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— Effective date. VerDate Sep 11 2014 08:13 Apr 11, 2022 Jkt 029139 PO 00108 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL108.117 PUBL108 dkrause on LAP5T8D0R2PROD with PUBLAWS 136 STAT. 1130 PUBLIC LAW 117–108—APR. 6, 2022 ‘‘(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 annu- itant 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 pro- vided 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 a Postal Service employee and is at least 64 years of age. ‘‘(iii) POSTAL SERVICE MEDICARE COVERED ANNU- ITANTS 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 ANNU- ITANTS AND FAMILY MEMBERS ENROLLED UNDER VA COV- ERAGE.—The individual— ‘‘(I) is a Postal Service Medicare covered annu- itant or a member of family of a Postal Service Medicare covered annuitant; and ‘‘(II) is enrolled in health care benefits pro- vided by the Department of Veterans Affairs under subchapter II of chapter 17 of title 38, United States Code. ‘‘(v) POSTAL SERVICE MEDICARE COVERED ANNU- ITANTS AND FAMILY MEMBERS ELIGIBLE FOR IHS HEALTH SERVICES.—The individual— Effective date. VerDate Sep 11 2014 08:13 Apr 11, 2022 Jkt 029139 PO 00108 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL108.117 PUBL108 dkrause on LAP5T8D0R2PROD with PUBLAWS 136 STAT. 1131 PUBLIC LAW 117–108—APR. 6, 2022 ‘‘(I) is a Postal Service Medicare covered annu- itant 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 Vet- erans 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 DISSEMI- NATION.—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 indi- vidual, 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 indi- vidual, 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 individ- ual’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 Consultation. Deadline. Consultation. VerDate Sep 11 2014 08:13 Apr 11, 2022 Jkt 029139 PO 00108 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL108.117 PUBL108 dkrause on LAP5T8D0R2PROD with PUBLAWS 136 STAT. 1132 PUBLIC LAW 117–108—APR. 6, 2022 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.— ‘‘( [Text truncated for display. Full text available on Congress.gov.]