Over the past few
weeks, things have been moving quickly in the normally glacier-like
world of the Postal Service. On May 12, a House committee voted
unanimously in favor of H.R. 4341, by Rep. John McHugh (R-NY), the
first broad postal reform legislation to be approved by a
congressional committee in 30 years. The next week, very similar
legislation, S. 2468, was introduced in the Senate by Sens. Susan
Collins (R-ME) and Tom Carper (D- DE). The good news is that these
bills would implement some welcome changes in the way the U.S.
Postal Service operates. The bad news is that they fall short of
the kind of real transformation that is needed and would saddle
taxpayers with billions in postal costs. Congress can and should
deliver more than this disappointing package.
It is no secret
that the U.S. Postal Service (USPS) is in need of change. Americans
have increasingly been turning to e-mail and other forms of
electronic communication to send messages, rather than visit the
post office. Last year, total mail volume shrank for the third year
in a row and has continued to do so this year. And although USPS
ran a surplus last year, it suffered huge deficits the three
previous years, and more are likely. The old way of doing things
just doesn't work any more: without change, the postal service may
soon no longer be viable.
Last year, a
special presidential commission looked at how the Postal Service
should respond to these long-term trends. That commission
recommended a broad set of reforms, focused on reducing costs,
increasing USPS's flexibility to respond to market conditions, and
increasing oversight of the organization. The postal reform bills
now in the House and Senate would implement many-but not all-of the
commission's recommendations. Specifically, the bills would:
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Grant USPS broad
authority to set prices for "competitive" products (i.e., those for
which it does not enjoy a monopoly). It would be prohibited,
however, from subsidizing competitive products with money from
other areas.
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Limit USPS to
provision of "postal services," although all current activities
would continue to be allowed.
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In markets where
the Postal Service is "dominant," replace the current, cumbersome,
system of setting rates with more "modern" regulation, such as
price caps, to be established by the new Postal Regulatory
Commission. This is meant to give postal managers more flexibility
in setting and adjusting rates by putting an end to the years-long
administrative hearings typical under today's system.
-
Require more
transparency in USPS's operations, with more public disclosure of
information about its finances and other activities.
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Replace today's
relatively weak Postal Rate Commission with a much more powerful
Postal Regulatory Commission. This oversight board would review and
approve rates, establish service quality standards, and review
financial data from USPS. Unlike the current Rate Commission, this
agency would have clear authority to subpoena information from the
Postal Service.
-
Reduce some of
the special privileges enjoyed by USPS. Among the changes, the
Postal Service would be subject to certain antitrust laws, would
have to comply with local building regulations, and would pay an
"assumed" federal income tax on competitive product revenue
(although this payment would simply be a transfer from USPS's
competitive products account to its general account). USPS's
statutory monopoly on letter mail would remain, although the price
that competitors such as FedEx and UPS can charge would be slightly
reduced.
The operating
theory behind these principles is clear and largely sensible. In
order to survive in today's changing world, USPS-like other
companies-needs the flexibility to adapt to changing market
conditions. But USPS is not an ordinary company-as a government
enterprise, it enjoys legal privileges and protections unlike those
enjoyed by any private firm. Thus, in return for increased
flexibility, these privileges and protections must be reduced and
oversight must be increased to prevent market abuses.
Yet, the House and
Senate bills fall far short of the comprehensive reform that is
needed, and they would in some ways would make the current
situation worse. Among the problems:
-
The bills
provide for billions in new subsidies for the Postal Service. The
legislation relieves the Postal Service for paying some $27 billion
over the next few decades in pension benefits due to postal
retirees for prior military service. These obligations, however,
are Postal Service costs, triggered by retirees' postal employment,
and part of the total compensation paid to employees for postal
work. Taxpayers should not be saddled with this burden.
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The bills keep
in place-or even expand-political restrictions on USPS's ability to
cut costs. For instance, the Postal Service would continue to be
banned from closing post offices because they run a deficit.
Moreover, the bills ignore a proposal by the President's reform
commission to streamline the closure of other facilities through a
process similar to that used to close unneeded military bases. The
bills also would limit the ability of the Postal Service to use
"workshare" agreements, under which private users take over some
mail processing functions in return for lower rates.
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While the bills
whittle away at several of the special privileges enjoyed by USPS,
they barely scratch the most important one: the statutory monopoly
that makes it illegal for anyone else to deliver letter mail. This
monopoly should be repealed. Short of that, there are a number of
important changes that could be made. The President's postal reform
commission, for example, proposed giving the Postal Regulatory
Commission authority to determine the extent of the monopoly,
rather than let the Postal Service itself define its own monopoly's
limits.
Many elements of
the postal reform legislation now pending in Congress are welcome
steps in the right direction. Yet, it falls far short of the
comprehensive transformation of the mails that USPS requires-and
American consumers deserve.
James Gattuso
is Research Fellow in Regulatory Policy in the Thomas A. Roe
Institute for Economic Policy Studies at The Heritage
Foundation.