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, USPS legally defends 5-day service

February 21st, 2013 | 2013 Budget Postal Service | Posted by Sean Reilly
Orignal post found here:

For anyone with a background in appropriations law and a little time on their hands, FedLine has obtained a copy of the legal opinion that the U.S. Postal Service is using to justify its decision to end Saturday mail delivery this August.

The gist: The long-standing congressional ban on curtailing six-day delivery doesn’t apply at present because the federal government is operating under a stopgap continuing resolution. And even if did apply, lawmakers don’t have to continue the ban when that resolution expires March 27, Postal Service lawyers write in the nine-page opinion.

The underlying reasoning is complicated enough that even Postmaster General Pat Donahoe had trouble explaining it at the Feb. 6 news conference announcing the planned delivery change. You can read the opinion for yourself here.

But while USPS attorneys say the agency is not flouting Congress’s will, the legal niceties may be lost on some lawmakers. “You said you’re satisfied that you have legal authority–I’m not,” Sen. Mark Pryor, D-Ark., told Donahoe at a hearing last week of the Senate Homeland Security and Governmental Affairs committee. “And I’m not sure the committee is,” Pryor added.

Sen. Carl Levin, D-Mich., also wasn’t satisfied. Despite “what’s in the law, your lawyer apparently is saying that you can cancel that sixth day,” he said. And while Donahoe pleaded with lawmakers to stay out of the way, Levin suggested that the agency might actually need additional congressional oversight of its contracts with Federal Express and UPS.

“Every contract in this Postal Service is competed,” Donahoe responded.

“That’s fine,” Levin said, “But it’s also the American way that there be some congressional oversight of your contracts.”