A WIN FOR PRINT & POSTAL!!! US Senate this afternoon voted 62-37 to pass S. 1789 (as amended), the 21st Century Postal Service Act of 2012, as amended.

UPDATE 042512 -- S. 1789, as amended, works to refund the USPS billions of dollars in overpayments to the Federal Employees Retirement System, streamline its structure and operations, adjust an onerous retiree pre-funding requirement, and seeks compromise solutions on controversial issues like facility closures and Saturday mail delivery.

From Lysbeth Lyons:
I’m pleased to announce that the US Senate this afternoon voted 62-37 to pass S. 1789 (as amended), the 21st Century Postal Service Act of 2012, as amended. Sixty votes were needed to pass the bill. (We will provide the final roll call vote results once they are recorded officially by the Senate.) This bipartisan bill co-sponsored by Senators Brown (R-MA), Carper (D-DE), Collins (R-ME) and Lieberman (I-CT), while not perfect, is significant progress toward the necessary restructuring of the USPS. For your reference, I’ve attached our final key vote letter sent to all 100 Senators prior to the vote. An all-member special edition imPRINT victory announcement along with an organizational press release to trade media will be issued on Thursday morning.

Votes
NONE of the amendments opposed by Printing Industries were adopted. This was critical to the final vote outcome as noted in the attached key vote letter to the Senate. The vote on final passage split heavily in a partisan manner, with a large group of GOP Senators and a few Democrats voting against postal reform for one or more of the following reasons:

· The arcane government budget/scoring process the financial provisions of the bill on paper add an estimated $11 billion to the deficit and violate the Senate-passed Budget Control Act. While the attached one-pager explains our objections to this argument, it was still a bridge to far to cross for a bulk of fiscally conservative Senators. This is an argument we will continue to face (and more heavily) in the US House.

· The bill did not go “far enough” in financial, structural and labor cost reforms. Many in our industry will agree the approach should be more aggressive, but in order to pass a bill in the current Senate, the compromise that became S. 1789 was a very carefully threaded needle. A more aggressive bill (such as the House version) would not have passed this body. Our argument remains passage was crucial to getting an eventual reform law, even if it is one that has to be strengthened again in the future.

· The bill did not further delay or tie the hands of the USPS to close facilities. Many of the original 60+ amendments filed were to prevent closure of a specific facility. Again, we believe S. 1789 developed a good consensus on how to balance the needs of rural communities, the industry and the USPS’ need to manage costs.

· Finally, reforms on federal workers comp were too strict. (This was Sen. Akaka’s, D-HI, position; additionally, he cited jurisdictional issues on how total federal workers comp should be addressed w/in the USPS reform bill.) Our position was that the toughening of workers comp was a key structural reform and we supported it strongly.

About S. 1789
S. 1789, as amended, works to refund the USPS billions of dollars in overpayments to the Federal Employees Retirement System, streamline its structure and operations, adjust an onerous retiree pre-funding requirement, and seeks compromise solutions on controversial issues like facility closures and Saturday mail delivery. The bill does not include legislated rate increases on first class/standard mail above the current rate cap tied to the Consumer Price Index. While S. 1789 is not a perfect solution to the USPS crisis, Printing Industries of America supports this bipartisan bill as the legislation best suited to reform the USPS. For a short version summary and a more in-depth section-by-section summary of the S. 1789, please click here.

Printing Industries’ & Grassroots Advocacy
This is a big win not only for the allied mail industry and the Coalition for a 21st Century Postal Service, but also for our Affiliates and member companies – many of whom were part of our “rapid response” team over the past two weeks to beat back dangerous amendments, such as those that would have legislated postage rate increases, weakened federal workers comp reform or derailed the delicate bipartisan compromises on delaying but not prohibiting facility closures and Saturday mail delivery. NO amendments we opposed attained the 60 votes needed to pass. In short, our lobbying, grassroots and media messages have been heard loud and clear and our objectives in moving Senate legislation have been achieved. Thank you again to those who made the extra team effort over the past two weeks! While we did lose a bulk of GOP Senators, it was not due to their opposition to our specific industry. In fact, some in our industry may cheer the fact that certain Senators wanted to see more aggressive reforms of USPS. Regardless, we’ve come a long way from the days of postal reform being an under the radar issue in Congress – and that’s proof of a great team effort.

What’s Next?
Now that Postal Reform has passed the Senate, action on postal reform now moves to the House The House version of postal reform (H.R. 2309), sponsored by Reps. Issa (R-CA) and Ross (R-AL), has been heard, amended and approved out of committee, but no floor vote has yet been scheduled. Our understanding from House GOP leadership and from the bill sponsors is that the House had been waiting for the Senate product and will likely move postal reform legislation this spring/summer. There are a few procedural avenues this could take, but the current expectation is that the House bill will go to a full floor debate/vote. It would then need to be merged with the now-passed Senate bill in a conference committee in order to receive final approval and be sent to President Obama for his signature. Please keep in mind that the House legislation takes a dramatically different approach to postal reform than does its Senate counterpart. Printing Industries and its allies will continue our work in the House and put on a full court press in that chamber to achieve legislative success as soon as possible.

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UPDATE: 6:10 p.m. (Eastern) - Majority Leader Reid has announced the Senate will suspend debate/votes on amendments to S. 1789 following the vote on Amdt #2025 (#19 on the list of accepted amendments below). The Senate is scheduled to resume floor action on postal reform at 2 p.m. Eastern tomorrow and a vote on final passage should occur tomorrow evening. Given the fact that we've made it past 3-4 of the most troubling amendments (including the w/drawn substitute amdt by Senator McCain), the prognosis is VERY good for 60+ votes needed for passing the bill. We don't want to count our proverbial chickens, but are thumbs up at the conclusion of today's work.

Below is today's wrap-up:

Timing: Today the Senate has concluded business on amendments listed #1-#19 on the list of 39 amendments (below). The remaining amendments will be offered/voted upon or withdrawn tomorrow when the Senate resumes work on the postal reform bill. Under the agreement reached by the bill sponsors/leadership, each amendment is allowed two minutes of debate, to be controlled equally by each party. Also, each needs to reach a threshold of 60 votes for passage.

Amendments - McCain (Substitutes S. 1789 for House bill) Amendment debate started off on a VERY good note as Senator McCain went to the floor and announced he was dropping his substitute amendment that would have replaced the entire bipartisan S. 1789 with the more extreme House version of postal reform legislation (thus, dooming Senate passage of postal reform as the House product is too conservative to get the needed 60 votes for passage). This was the biggest concern and potential "killer" amendment.

Amendments - Carper (Rates): Please note that although Senator Carper, one of the bill sponsors, is offering an amendment that would raise first class postage rates, he is ONLY speaking to his amendment and will NOT request a vote on it. This means he will spend his allotted one minute (or yield it or part of it to a colleague) to speak in favor of his proposal. So, please do not be alarmed when seeing it on the list of amendments yet to be considered.

Amendments - Coburn (Various): Senator Coburn was expected to offer a few amendments to increase reforms and modernization of USPS. One that DID pass w/ 60+ votes was an amendment to allow USPS to co-locate with other businesses (i.e., pharmacies). Susan Collins spoke in "opposition" just to reiterate that S. 1789 already did allow for a co-location process, but it passed anyway. This does not affect the prospect for final passage and we are not opposed to his amendment (as, again, it's already pretty much in the legislation he was amending).

Amendments - Akaka/McCaskill (Workers Comp): The Akaka amendment to strip strong reforms of workers comp at USPS was on our "priority watch" list. It failed by a vote of 46-53. Senator Collins spoke against it noting that the Akaka amdt would weaken reforms of workers comp to the point that the USPS would realize no savings from the reform.

Amendment - Udall (5 Day): An amendment to prohibit the USPS from going to 5 day delivery under the bipartisan compromise contained in S. 1789 (two-year delay, financial review) was defeated. Essentially, this would have undone the consensus approach to allow the USPS the ability to cut a delivery day following the two year wait period. It failed not because people want to cut a day of delivery, but b/c the majority of Senators have agreed to the compromise already contained in S. 1789.

Message: Our message continues to be that S. 1789 is not a perfect bill – far from it – but it is a big step towards constructively addressing the deep financial abyss of the USPS and does make some structural/labor/cost reforms. In addition to the letter Printing Industries of America sent to all 100 Senators with the industry's message yesterday, a letter from the entire 21st Century Postal Service coalition was sent this morning to all 100 Senators. It is attached and was mainly focused on the concern re: McCain substitute amdt, which, as noted above, became a mute point. The best approach remains dispensing of amendements and "yes" vote on final passage with the understanding that further ideas to explore may be best left to a possible House-Senate conference. The "cleaner" the bill (with as few amendments as possible), the better for final passage. For those who've asked for talking points regarding the "budget impact" (aka, account quirk of govt scoring), a good one pager is attached. This is the message we've shared with Hill relating to the budget points of order raised agains the bill.

Grassroots: Thank you for the grassroots action yesterday. Quick work was done by targeted Affiliate Managers and their respective Boards/active members to drive home final pre-vote messages to on-the-fence GOP Senators. There is still time to weigh in and GOP Senators are the primary targets. The same list sent yesterday applies, plus Sen. Coats of IN. We've received letters from affiliates as well as cc's of messages directly from members and will send you a compiled list w/ tomorrow's update. Keep it coming, folks!

…and more Grassroots/Media: No noise is too much noise on this issue leading up to a final vote. We continue to encourage grasstops (CEO level) calls to Senators and staff are still very important this week and next, particularly on this rate issue. Additionally, you can keep on top of press releases/mentions on our coalition website: www.savethemailsavejobs.org. Remember, you can follow all of the remaining action beginning circa 2:00 p.m. (Eastern) on Wednesday on C-Span 2.

AMENDMENT LIST: #s 1 - 19 have been w/drawn and/or offered/voted upon as of close of Senate business today.

1) McCain amendment #2001 (substitute);
2) Tester amendment #2056 (closing/consolidation process);
3) Coburn amendment #2060 (government-sponsored conferences);
4) McCain amendment #2033 (Commission on Postal Reorganization);
5) Wyden amendment #2020 (voting by mail);
6) Coburn amendment #2058 (access to postal services);
7) McCaskill amendment #2031 (rural post offices);
8) Coburn amendment #2061 (postal employee retirements);
9) Snowe amendment #2080 (area mail processing studies);
10) Udall (NM) amendment #2043 (mail delivery schedule);
11) Durbin amendment #2082 (preventing certain closures and consolidations);
12) Akaka amendment #2034 (workers compensation);
13) Bennet amendment #2047 (citizen's service protection advocates);
14) Corker amendment #2083 (delivery frequency, rate regulation, reduction-in-force procedures, and post offices);
15) Mikulski amendment #2003 (post office closing to require state governor's certification);
16) Akaka amendment #2049 (supervisory and managerial organizations);
17) Paul amendment #2025 (mailbox use);
18) Manchin amendment #2079 (extend closing/consolidation moratorium);
19) Paul amendment #2026 (performance-based pay);
20) Bingaman amendment #2076 (state liasons);
21) Paul amendment #2027 (close all Capitol Complex post offices except one);
22) Cardin amendment #2040 (prohibit closing of facility if nearest facility is more than 50 miles away);
23) Paul amendment #2028 (alternative postal service delivery pilot program);
24) Carper amendment #2065 (first-class stamp rate);
25) Paul amendment #2029 (impact of regulations on Postal Service profitability plan);
26) Carper amendment #2066 (limit Postal Service executive compensation);
27) Paul amendment #2039 (collective bargaining prohibition);
28) Casey amendment #2042 (maintain current delivery time for market-dominant products);
29) Paul amendment #2038 (first-class mail and mailbox use);
30) Landrieu amendment #2072 (small business impact of closures/consolidations);
31) DeMint amendment #2046 (employee authorization re: using dues for union non-representational activities);
32) McCaskill amendment #2030 (workers compensation);
33) Coburn amendment #2059 (require closure of unprofitable post office facilities);
34) Pryor amendment #2036 (sense of Senate re: closings and consolidations);
35) Rockefeller amendment #2073 (Medicare enrollment);
36) Rockefeller amendment #2074 (Postal Service Health Benefits Program);
37) Schumer amendment #2050 (maintain all current door delivery point services);
38) Tester amendment #2032 (limit pay of Postal Service executives); and
39) Warner amendment #2071, as modified (retirement reporting).

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042312 -- Here’s the outlook:

· Timing: The Senate has begun debating S. 1789 (postal reform bill) today. Floor speeches, debate on amendments and votes are scheduled to continue through Tuesday evening or Wednesday morning, with a final vote on passage as the last action. Sens. Lieberman (I) and Collins are “managing” the bill for the D’s and R’s, respectively.

· Amendments: Corker - GREAT news on the Corker amendments to raise rates that were of great concern last week – Corker withdrew the amendments and they will not be offered at all. (Great work by the allied mail/paper industry in TN.) He does still plan to offer one comprehensive amendment that includes rate increases but b/c it also includes “poison pills” for Dems (like prohibiting no lay off clauses in future labor contracts), it will not get 60 votes to pass. So, no worries on that, but…

· Amendments: McCain - The current amendment concern is McCain’s “substitute” (literally, an entirely new bill that would replace S. 1789). This bill is similar to the House bill (which is too aggressive/conservative to pass the Senate), but worse as it has not been through a committee process to be improved to date (as has the House counterpart). The main concern of the bill sponsors is that McCain will upset the apple cart (as he’s prone to do) by splintering factions of partisan votes that will upset the very delicate balance of bipartisanship. He would need 60 votes which is a high hurdle but the debate could meltdown if Ds and Rs start to splinter support off of the bill. This is the main reason for our current round of pre-vote messaging (attached).

· Amendments: Workers Comp, Carper/Rates, Et Al. - Other amendments to keep an eye on are the two workers comp amendments that will seek to strip a provision that gives new structural reforms to lower USPS’ labor costs, and an amendment by bill sponsor Carper (D-DE) on rate increases (HOWEVER, under an agreement reached with Majority Leader Reid, Carper will on speak in favor of his amendment, but will not call for a vote on it.) So, all talk, basically on that one. Finally, a list of all amendments with a brief description is below.

· Message: Now that we’ve successfully beat back attempts to legislate rate increases, we’re focusing on not letting the amendment process (and the McCain amdt in particular) derail the ultimate goal of passing this bill. S. 1789 is not a perfect bill – far from it – but it is a big step towards constructively addressing the deep financial abyss of the USPS and does make some structural/labor/cost reforms. Please see the letter we’ve sent to all 100 Senators today regarding our final message.

· Whip List: At this time, we are told that all D’s are on board with voting to pass S. 1789 (barring some conservative and/or McCain amendment changes). While a final outreach doesn’t hurt, the more concentrated focus today and tomorrow is on a small group of “gettable” R’s. These include: TX (Cornyn), SD (Thune), NC (Burr), GA (Chambliss), AZ (Kyl), IA (Grassley) and OH (Portman). These are reliable pro-print, pro-business votes in most cases, but they have (legitimate) concerns that this bill does not do enough to truly fix the USPS and/or have concerns about the budget impact (which we remind them would be A LOT worse, i.e., taxpayer bailout, if we don’t act now.) The Op-Ed by Sen. Burr published in Sunday’s Charlotte Observer gives a good indication of where many of the R’s are on this bill.

· Grassroots: Contact to the above listed offices is important. Pls see the attached talking points and grassroots call script. We will be sending targeted g’roots alerts to the affiliates repping the target Senate states separately.

· …and more Grassroots/Media: No noise is too much noise on this issue leading up to a final vote. We continue to encourage grasstops (CEO level) calls to Senators and staff are still very important this week and next, particularly on this rate issue. Additionally, you can keep on top of press releases/mentions on our coalition website: www.savethemailsavejobs.org. Finally, you can follow all of the riveting action this week on C-Span 2.

Please note all amendments will be subject to 60-vote thresholds, and budget points of order and applicable motions to waive are in order. Upon disposition of the listed amendments, the Reid (for Lieberman/Collins) substitute amendment #2000, as amended, if amended, will be agreed to and the Senate will vote on passage of the bill, as amended, with 60 votes required for final passage.

1) McCain amendment #2001 (substitute);
2) Tester amendment #2056 (closing/consolidation process);
3) Coburn amendment #2060 (government-sponsored conferences);
4) McCain amendment #2033 (Commission on Postal Reorganization);
5) Wyden amendment #2020 (voting by mail);
6) Coburn amendment #2058 (access to postal services);
7) McCaskill amendment #2031 (rural post offices);
8) Coburn amendment #2061 (postal employee retirements);
9) Snowe amendment #2080 (area mail processing studies);
10) Udall (NM) amendment #2043 (mail delivery schedule);
11) Durbin amendment #2082 (preventing certain closures and consolidations);
12) Akaka amendment #2034 (workers compensation);
13) Bennet amendment #2047 (citizen's service protection advocates);
14) Corker amendment #2083 (delivery frequency, rate regulation, reduction-in-force procedures, and post offices);
15) Mikulski amendment #2003 (post office closing to require state governor's certification);
16) Akaka amendment #2049 (supervisory and managerial organizations);
17) Paul amendment #2025 (mailbox use);
18) Manchin amendment #2079 (extend closing/consolidation moratorium);
19) Paul amendment #2026 (performance-based pay);
20) Bingaman amendment #2076 (state liasons);
21) Paul amendment #2027 (close all Capitol Complex post offices except one);
22) Cardin amendment #2040 (prohibit closing of facility if nearest facility is more than 50 miles away);
23) Paul amendment #2028 (alternative postal service delivery pilot program);
24) Carper amendment #2065 (first-class stamp rate);
25) Paul amendment #2029 (impact of regulations on Postal Service profitability plan);
26) Carper amendment #2066 (limit Postal Service executive compensation);
27) Paul amendment #2039 (collective bargaining prohibition);
28) Casey amendment #2042 (maintain current delivery time for market-dominant products);
29) Paul amendment #2038 (first-class mail and mailbox use);
30) Landrieu amendment #2072 (small business impact of closures/consolidations);
31) DeMint amendment #2046 (employee authorization re: using dues for union non-representational activities);
32) McCaskill amendment #2030 (workers compensation);
33) Coburn amendment #2059 (require closure of unprofitable post office facilities);
34) Pryor amendment #2036 (sense of Senate re: closings and consolidations);
35) Rockefeller amendment #2073 (Medicare enrollment);
36) Rockefeller amendment #2074 (Postal Service Health Benefits Program);
37) Schumer amendment #2050 (maintain all current door delivery point services);
38) Tester amendment #2032 (limit pay of Postal Service executives); and
39) Warner amendment #2071, as modified (retirement reporting).

Please note not all of the amendments listed above will require roll call votes. We expect the votes on the Postal Reform amendments to take most of Tuesday afternoon/evening and possibly into Wednesday morning.

You are welcome to share this email with others. Thank you, and feel free to contact me w/ questions. LL

Lisbeth A. Lyons
Vice President, Government Affairs
Printing Industries of America
601 13th Street, NW, Ste. 350 South
Washington, D.C. 20005
llyons@printing.org
PH: (202) 730-7975
FAX: (202) 730-7987
www.printing.org