§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.

(Added Pub. L. 117–108, title I, §103(a)(1), Apr. 6, 2022, 136 Stat. 1141 .)