National Association of Postal Supervisors
Legislative and Regulatory Update -- December 20, 2007



HAPPY HOLIDAYS AND BEST WISHES FOR A HAPPY NEW YEAR!


In this Issue:


Congress Blocks Seven AMP Consolidations

In one of its final acts before adjourning for the year, Congress directed a halt to Area Mail Processing consolidations in seven locations and criticized the Postal Service for its handling of its network realignment effort.  The setback to the USPS infrastructure initiative is included in the FY 2008 omnibus government funding legislation, adopted by the House and Senate.  The funding measure is expected to be signed by the President.   

The roadblock to AMP consolidation effort is contained in the joint explanatory statement of the omnibus funding measureCongress questioned the wisdom of further AMP consolidations, basing its judgment on Government Accountability Office testimony to Congress delivered in July, faulting AMP consolidations as based on inadequate criteria, inconsistent data and insufficient stakeholder input.  The Postal Service already has canceled scores of AMP study efforts in locations around the country over the past year.

Congress this week directed the Postal Service to suspend consolidation efforts in the following locations: Sioux City, Iowa; Aberdeen, South Dakota, Bronx, New York; Pasadena, California, Canton, Ohio; Detroit/Flint, Michigan; and Alexandria, LouisianaSen. Tom Harkin (D-IA) took credit for blocking the Sioux City AMP and Rep. Jose Serrano (D-NY) for stalling the Bronx consolidation.  Congress instructed USPS to hold up efforts in the seven areas until the Government Accountability Office completed in evaluations in 2008 on USPS guidance on communications with the public on AMP consolidation (due to be issued by USPS in March), and the USPS Facilities Plan, detailing overall network realignment strategy (due to be issued by USPS in June). 

In other action, Congress also called upon USPS to devote greater resources to facilities improvements in Puerto Rico, as well as in Indio, California, and noted continued concerns over mail service delays in Chicago.  It directed USPS to work with Chicago officials and implement management reforms to improve service and delivery.


Annual Revenue Forgone Payment to USPS Assured

Congress this week provided $29 million in funding to the Treasury Department to satisfy the annual revenue forgone payment to the Postal Service.  The funding is contained in the $555 billion omnibus government funding measure and referenced in the Congressional joint explanatory statement on the measure.  Were Congress to step away from continuing to provide these funds, it would pose substantial budget implications for the Postal Service.

The Revenue Forgone Reform Act of 1993 provides for a $29 million annual payment over 42 years to the Postal Service to pay off a $1.2 billion debt Congress created by mandating preferred postage rates to nonprofits and others in the early 1990s. 

NAPS and other postal employee groups urged Congress to make the annual revenue forgone payment, especially after the House earlier this year had refrained from including payment funding in its original appropriation measure.  

 

Postal Service Issues Service Standards for Market Dominant Products

The Postal Service on December 19 published in the Federal Register its modern service standards for Market-Dominant Products.  These service standards represent what mailers can and should expect in terms of delivery for the product classes covered. 

Service standard modernization is required by the postal reform law -- the Postal Accountability and Enhancement Act -- passed by Congress almost exactly a year ago. This is the first adjustment of service standards for non-First-Class Mail since 1975.

Market-Dominant Products include First-Class Mail, Periodicals, Standard Mail and Package Services, as well as certain special services. 

The next major development in service standard modernization will involve USPS creation of a system to measure how well the Postal Service is meeting the standards.  The Postal Service is exploring an approach that utilizes both the Intelligent Mail Barcode and an independent contracting system.

 

FERS Sick Leave Bill Still In Drafting Mode

As the First Session of Congress came to a close, Rep. James Moran (D-VA) and his staff continued to work on the introduction of a bill to provide a lump sum payment to retiring FERS-covered employees for unused sick leave.   A FERS sick leave bill could be introduced, at the earliest, in late January.  The House of Representatives returns to Washington to begin its Second Session on January 15. 

According to sources, Moran is eyeing a FERS lump-sum payment approach as an incentive to hold down patterns of increased use of sick leave by FERS employees, especially as they approach retirement.  The lump sum approach is intended as a management tooln to curb sick leave abuse -- not to provide parity with CSRS employees, who receive a boost to their retirement pension through credit for the sick leave balance remaining at the time of retirement.  An initial draft of the Moran bill proposed a lump-sum payment based on 10 percent of the hourly rate of the high-three salary for accumulated sick leave in excess of 500 hours, with a $5,000 pay cap.  That approach has been criticized by some employee groups.  

The Congressional Research Service in a 2004 study and again this summer reported that that FERS employees use their sick leave more frequently – almost thirty-five percent more often -- than their CSRS counterparts do, particularly as they approach retirement.  Data compiled last year by the Office of Personnel Management reached the same findings, showing that retirement-eligible FERS employees on average used more sick leave than CSRS retirement-eligible employees. 

According to the Congressional Research Service, forty-five states provide some form of compensation for unused sick leave at retirement.  More than half of them provide a one-time cash payment, limiting the size of the payment in some way, through either a cap on how much sick leave may be credited, or the size of the payment itself, or both.


USPS Governors Approve Bank of America NSA, Based on Advances to Intelligent Mail Barcode

The USPS Board of Governors on December 17 issued its decision approving a controversial Negotiated Service Agreement with Bank of America Corporation.  The NSA will provide discounts to BAC on First-Class Mail and Standard Mail letters, in return for BAC’s expanded use of Intelligent Mail Barcode technology.

The Postal Regulatory Commission, in its decision reviewing the proposed BAC Negotiated Service Agreement, recommended adoption of the NSA by a 4-1 vote, despite noting that the Postal Service could lose as much as $45 million under the proposed agreement.  The Legislative Update appearing on page 21 of the November issue of The Postal Supervisor reported on the initial PRC decision.

The Board of Governors, in its decision to move ahead with the NSA, criticized the PRC’s estimation of reduced revenues, and emphasized the importance of broadened use of the Intelligent Mail Barcode.  The Governors noted: “BAC’s adoption of the IMB will not only create momentum for the use of this technology among other members of the mailing industry, but given BAC’s substantial size, its use by BAC will create incentives for the suppliers of the mailing industry to make adjustments to their products to support the new technology.  Thus, we believe BAC’s early adoption of this groundbreaking technology will enable the Postal Service to meet its objectives of widespread use of the IMB technology rapidly and consistently with recent pronouncements to achieve implementation by 2009.”


Mail Moves America Website Launched

Mail Moves America, the coalition of postal and printing industry organizations fighting efforts to establish Do Not Mail registries, has created a new website.  It’s got lots of good information on the Do Not Mail issue.  Check it out by clicking here.

Bruce Moyer
NAPS Legislative Counsel