Mar 21 2013
The claim by the Postmaster General that the U.S. Postal Service has the right to cut its mail delivery schedule from six-to-five days “rests upon a faulty USPS premise” and there is no legislative authority from Congress allowing the change, the Government Accountability Office said today in a legal opinion requested by Congressman Gerald E. Connolly (VA-11).
“The GAO legal opinion clearly rejects the Postal Service’s attempt to circumvent the law,” Connolly said.
In its letter to Connolly, GAO says that USPS is bound by current law and the current Continuing Resolution to fund the federal government requires “USPS to continue 6-day delivery and rural delivery of mail at not less than the 1983 level.”
“This impartial and definitive GAO legal opinion makes it crystal clear that USPS cannot operate outside the legislative authority of Congress and unilaterally implement a change in delivery service that many believe will not only disrupt mail service, but also exacerbate USPS revenue losses and contribute to the decline of this constitutionally-mandated service to all Americans,” Connolly said.
“Unfortunately, the Postmaster General continues to stonewall Members of Congress, withholding his legal justifications for eliminating Saturday delivery from Postal customers and the American public,” Connolly said.
“Fortunately, the Comptroller General and the dedicated, impartial analysts at GAO do not operate in a similar fashion, and I appreciate their prompt and diligent work in analyzing and issuing today’s legal opinion that clearly rejects the Postal Service’s attempt to circumvent current law under the Continuing Resolution,” the Virginia Congressman said.
“GAO’s opinion is clear that ‘USPS’s interpretation of the Continuing Resolution and of the 2012 Appropriations Act parses the statute in a fashion that frustrates both the nature and the purpose of the Continuing Resolution,’ and I hope the Postmaster General will cease wasting energy on flouting the will of Congress and the law itself” Connolly said. “It is imperative that the USPS focus on working with Congress to pass comprehensive postal reform legislation that transforms its business model to grow and thrive in the 21st century,” Connolly said.
The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the “congressional watchdog,” GAO investigates how the federal government spends taxpayer dollars. The head of GAO, the Comptroller General of the United States, is appointed to a 15-year term by the President from a slate of candidates Congress proposes.
TEXT OF LETTER FROM GAO TO CONGRESSMAN GERRY CONNOLLY here.
I got to this article through Facebook (a friend of mine posted it). After reading the article, I clicked “Like” and also reshared it.
I’ll worry about that heavy Monday if &when it comes… Till then, I’m headed down the shore!!!! Hello weekends!!!!
Sure, the Postal Service will save money by doing away with Saturday delivery.(Labor costs, electric service, fuel, etc.) But what happens the following Monday when we have to deliver twice as much mail? Your labor costs and fuel costs will go through the roof! Carriers will be delivering mail at 9 and 10 o’clock at night!
It appears that we borrow “above and beyond” our appropriations!
http://usgovinfo.about.com/od/consumerawareness/a/Postal-Service-Debt-Limit.htm
Borrow here…Pay us there(..CSRS Health Benefits Mystery Fund(PAEA)), just different pockets on the same clown(US Government)
Congress must face reality or pay the price for wasted expenses in 6 day operation of the USPS. The demand for postal services has declined as there are other means provided for individuals and businesses to communicate and conduct business. First class volume will comntinue to decline resulting in further decline in revenue. Marketing efforts should be directed in areas that can create new revenue. Parcel and shipping business had revenue increase from prior fiscal year. 6 day Street delivery of bulk advertising mail is a wasted cost as results in high delivery cost and low revenue generation. Congress needs to see the light; electric light has replaced candle light. DUH!
Lawmakers’ keen sight penetrated the conspiracy of the cunning numeric games played by those USPS bloated jerks.
(d) As reimbursement to the Postal Service for losses which it incurred as a result of insufficient amounts appropriated under section 2401 (c) for fiscal years 1991 through 1993, and to compensate for the additional revenues it is estimated the Postal Service would have received under the provisions of section 3626 (a) (as last in effect before enactment of the Postal Accountability and Enhancement Act), for the period beginning on October 1, 1993, and ending on September 30, 1998, if the fraction specified in subclause (VI) of section 3626 (a)(3)(B)(ii) (as last in effect before enactment of the Postal Accountability and Enhancement Act) were applied with respect to such period (instead of the respective fractions specified in subclauses (I) through (V) thereof), there are authorized to be appropriated to the Postal Service $29,000,000 for each of fiscal years 1994 through 2035.
http://www.law.cornell.edu/uscode/text/39/2401
Since when does the GAO issue legal opinions? Don’t we have a Department of Justice for that?
Ok now what? Issa and coburn have just given you the finger and have told you that your opinion means squat and we are above you. What are you going to do about it? Are you going to flex or go hide under the bed because they are carrying the stick and think they are in charge of this country. Last time I checked six day mail delivery is mandated for the american people. Parcel delivery as a loophole is a slap in your face. Don’t buy into this they are really being slick and think you are an idiot and that you will buy into this.
@ ET…yes, we do receive federal funding to operate free matter for the blind and overseas mail for our troops. Both are federally mandated services. However, the amount in question is only $100,000,000 a year…less that 0.0015% of our budget. That can hardly be considered using tax payer funds to operate.
5 day all the way!
Since the postal reorganization act was passed in the early 70’s, Congress has reimbursed the post office for “revenue foregone”. This is mail for the blind, mail from overseas voting and “franked” mail; mail sent free by members of Congress and servicemen and women from overseas. The revenue foregone totals about $70 million per year. The post office budget is $65 BILLION per year. So, yes, technically the post office is subsidized by the tax payer at the rate of about 1%, as a reimbursement for services rendered. This revolation will no doubt change everything and congress will demand that the blind begin paying their fair share and servicemen and women will be required to pay up to vote and, finally, congresspeople will pay their own postage.
(I’m not holding my breath though)
I am waiting for buy out dude.
E. Maiden Johnson…so I am to “swallow hook-line and sinker” like you apparently have whatever the union says? Talk about uninformed! Did you even read the letter or were you to busy reading union propaganda?
The truth is in the letter…we do receive appropriations from the treasury, care to post something that refutes that? Tell me what that section of the letter means “know it all” without quoting some union official who has a political agenda…or is that you?
ET would you please speak with your Union or do you have one? here an intelligent person as yourself will be given the truth. Oh, I forgot is the truth what you seek. However with all due respect you have the right to remain uninformed as you are.Solidarity Forever!!!!!!!!!!!!!!!!!!!!
To Mail Handler : Better actually read the letter because it says that since 1987 that the USPS has been compensated from the US Treasury for “foregone on free and reduced mail rate mail that it is required to carry”(Background section of the letter).
If that doesn’t mean that we receive a subsidy from the treasury then tell me what it does mean.
is there an ‘accountability office’ that can review postmaster general donahoe’s job performance and then release an opinion of whether he should be fired immediately or be allowed to continue with his bureaucratic nonsense?
Yes, grasshopper, the fish rots from the head down.
connolly – love this postal union money
Scott does have it right. Dona-the-hoe is the worst postmaster general we have ever had and should be fired.
To ET: This does not refute the fact that the postal service does not receive taxpayer subsidies. What Congress is trying to do is using the law of the CR to force the postal service to do what they want. We do not receive taxpayer money and do have to survive on what we sell. Unfortunately we have piss poor managers.
I have a small business. I needed to ship a package to England. I took it to a UPS store and they said the most economical way was to use the US Postal Service. The charge was $16.75. I asked for a quote for the UPS price and they printed out s sheet that said $116.00. I didn’t look at it until I got home. I thought there must be a mistake. I received the same results online so I called and talked to a UPS rep. He confirmed the price. FedEx online resulted in a similar price. So both private companies will charge me ten times as much as the USPS for the same service.
I have never had a problem using USPS to ship overseas.
There is no wonder the Postmaster General can afford to travel all around the country doing television and radio interviews about how bad things are financially for the United States Postal Service. He has the luxury of having the largest staff at USPS Headquarters in decades. The facts are, while career employee and management staffing levels at the local level have declined by over 37% over the last 15 years, headquarters staffing has actually increased by over 53%. Career staffing levels at the local level declined over 11% in the past year while at the same time USPS Headquarters staffing went up almost 8%. Customers are the biggest loser as they have longer waits in line and diminished delivery service.
In 2001 the Ratio of Career Craft Employees to Headquarters Staffing was at a rate of 374.53 to 1.
In 2012 the Ratio of Career Craft Employees to Headquarters Staffing was at a rate of 161.38 to 1.
In 2013 the Ratio of Career Craft Employees to Headquarters Staffing was at a rate of 144.09 to 1.
Since the GAO isn’t a body that can actually legislate or order the Postal Service to do or not do anything, Donahoe will ignore them. Plus, the GAO has been under fire in the recent past for some shady financial dealings of their own, so this is a case of the pot calling the kettle black. It’s a case of Congress seeking an “independent” verification of their own assertions, but whether it stops five day delivery or not is up in the air. Donahoe, regardless of whether the five day week becomes reality or not, should be fired for his continued disregard for the law and Congress. He is this country’s worst Postmaster General in history.
I guess this is what happens when you run the government on continuing resolutions instead of producing an annual budget as required by the constitution. We haven’t seen a budget since the current president was elected in 2008.
The letter does do away with the myth that we receive “NO” taxpayer subsidies and only operate on revenues from stamp sales and services.
So if Donuthole can’t do away with Saturday deliveries of selected mail classes as planned then let the layoff’s and management RIF’s begin!
“Unfortunately, the Postmaster General continues to stonewall Members of Congress, withholding his legal justifications for eliminating Saturday delivery from Postal customers and the American public,” Connolly said.” No surprise there as I am sure he has no printed legal justification to present. Even if he did, it wouldn’t matter. He and his dreggs would still carry out their plan. As for the USPS legal eagles….We, ya can’t soar like an eagle when you swim with the fish. I’m sure no “highly” educated “qualified” legal mind would embark on a career with the Post Office…so, what is left when the barrel is almost empty…the bottom feeders who barely eek by on the Bar.