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B-335188 Apr 20, 2023 1 (2023-04-20)

handle is hein.gao/gaoomy0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335188 April 20, 2023 The Honorable Gary C. Peters Chairman The Honorable Rand Paul, M.D. Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable James Comer Chairman The Honorable Jamie Raskin Ranking Member Committee on Oversight and Accountability House of Representatives Subject: Office of Personnel Management: Postal Service Reform Act; Establishment of the Postal Service Health Benefits Program Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Office of Personnel Management (OPM) titled Postal Service Reform Act; Establishment of the Postal Service Health Benefits Program (RIN: 3206-AO43). We received the rule on April 3, 2023. It was published in the Federal Register as an interim final rule with request for comments on April 6, 2023. 88 Fed. Reg. 20383. The effective date is June 5, 2023. According to OPM, it is issuing an interim final rule with comment period (IFC) to establish and administer the Postal Service Health Benefits (PSHB) Program pursuant to the Postal Service Reform Act of 2022 (PSRA). Pub. L No. 117-108, 136 Stat. 1127 (Apr. 6, 2022). OPM stated that under the statute, it must establish a PSHB Program for U.S. Postal Service (USPS) employees, annuitants, and their eligible family members, and not later than one year after the date of enactment, the OPM Director must issue regulations to carry out the statute. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). Here, although OPM did not specifically mention CRA's 60-day delay in effective date requirement, OPM stated that notice and comment procedures are unnecessary for this IFC and the agency finds good cause to waive such procedures under section 553(b)(3)(B) of the Administrative Procedure Act. Specifically, OPM stated that notice and comment procedures would be impracticable here

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