H.R. 22 PASSES THE HOUSE OF REPRESENTATIVES 

The decade-long odyssey known as postal reform has cleared its most significant hurdle to date. The House of Representatives late on Tuesday passed H.R. 22, the Postal Accountability and Enhancement Act, by a vote of 410-20. All proposed amendments to the bill were defeated.

For the first time in more than 35 years, the House has passed a bill to overhaul the U.S. Postal Service. The House Government Reform Committee unanimously reported H.R. 22 to the full House back in April. The Senate is not going to vote on its companion piece of legislation, S. 662, this week. It will have to wait until Congress returns to work after Labor Day. 

Rep. John M. McHugh, R-NY, and sponsor of H.R. 22, said in a statement in advance of the vote, “This reform is critical, not only for the continued operation of our nation's Postal Service, but truly for the millions of individuals and businesses who rely on the availability of universal mail service. Americans have an expectation that the Postal Service will abide by its well-known, although unofficial, motto - a commitment to deliver.  USPS would not be able to continue meeting those expectations, at least without significant cost increases, without this update to its business model.” 

The Postal Service, a $900 billion industry that represents nine million jobs and nearly nine percent of the Gross Domestic Product (GDP), is facing a decline in mail volume and increase in costs. McHugh noted.  Without reform, this "death spiral" could put at least 1.5 million industry jobs at risk.   

McHugh said H.R. 22 mandates transparency in the Postal Service’s finances, costs, and operations, thus providing a sound structure to help the Postal Service adapt, operate and survive. The legislation also substantially reduces the need for the across-the-board increase in postal rates, which the Postal Service had anticipated taking effect in January 2006. 

“After working on this bill for more than 10 years, I feel fairly certain that occasionally I do run the risk of sounding like a broken record,” McHugh added. “But there is no doubt in my mind that passage of this bill is critical, and not just for the solvency of the Postal Service.  The American taxpayer - individual, small business, non-profit, or corporate - can ill afford the tax increase that would come in the form of increased postal rates without HR. 22. What these taxpayers do need is the $6 billion tax cut that this bill essentially provides, which will, in turn, support investments in the economy and in job creation.” 

Currently, $43 billion would be collected from American taxpayers over the next 10 years and locked away in escrow, the McHugh release noted. H.R. 22 reduces this figure by $6 billion, and uses the remaining funds to address outstanding liabilities associated with retiree health care. 

Overall, the key provisions of the Postal Accountability and Enhancement Act are:

Modern Rate Regulation - shifting the basis of the Postal Rate Commission from a costly, complex scheme of rate cases to a modern system designed to ensure that rate increases generally do not exceed the annual change in the Consumer Price Index.  This applies only to market-dominant products (letters, periodicals, advertising mail) because the Postal Service is provided with different pricing freedom for its competitive products (Express Mail, Priority Mail, etc.).

Combining Market Disciplines with Regulation - combining market mechanisms with Commission regulation to govern the rates of competitive products.  The Postal Service would be given additional pricing freedom but would lose favored legal treatment for such products.

Limitations on Postal Monopoly and Nonpostal Products - requiring the Postal Service to only offer postal services and for the first time defining exactly what constitutes "postal services."  The bill also revises the authority of the Postal Service to regulate competitors.

Reform of International Mail Regulation - clarifying the authority of the State Department to set international policy, applying customs laws equally to postal and private shipments, and giving the Postal Service the authority to contract with airlines for transport of international mail.

Strengthening of the Commission - giving the PRC “teeth” by granting it subpoena power and a broader scope for regulation and oversight.  The PRC would be renamed the "Postal Regulatory Commission.”

Establish a Basis for Future Reforms - mandating several studies, including a comprehensive assessment of the scope and standards for universal services.

Miscellaneous Reforms - including returning the responsibility for the military service cost of Postal retirees to the Treasury Department, while also requiring the Postal Service to significantly fund its enormous liability for retiree health benefits. 

The House bill differs from the Senate companion legislation in a few ways. One is in the area of ratesetting. H.R. 22 directs and empowers the Postal Regulatory Commission to determine the methods of ratemaking to be applied to market-dominant service. It leaves the issue of rate caps to the Postal Regulatory Commission’s discretion.

Perhaps most importantly to mailers is that both HR 22 and S. 662 returns to the Treasury the responsibility to pay for the military portion of postal retiree benefits and eliminates the Civil Service Retirement System escrow created by Public Law 108-18. The President’s Commission on the U.S. Postal Service recommended both of these moves.

The White House, however, remains adamant that any postal reform bill brought to President Bush for signature must be “deficit neutral.” This has led to discussions between the co-sponsors and administration officials on potential compromises that would limit the amount of money available for rate relief.

Back in April, House Government Reform Committee Chairman Tom Davis, R-VA, said he recognized that some budgeteers might be concerned about the cost of this bill. Although the bill generates on-budget savings and does not violate the Budget Act, the bill does not have an off-budget cost. This cost comes from allowing the Postal Service to cut rates, which would stimulate economic growth.