The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics

[Excerpt] This report provides an overview of federally related entities that possess legal characteristics of both the governmental and private sectors. These hybrid organizations (e.g., Fannie Mae, National Park Foundation, In-Q-Tel), collectively referred to in this report as the “quasi government,” have grown in number, size, and importance in recent decades. A brief review of executive branch organizational history is followed by a description of entities with ties to the executive branch, although they are not “agencies” of the United States as defined in Title 5 of the U.S. Code. Several categories of quasi governmental entities are defined and discussed: (1) quasi official agencies, (2) government-sponsored enterprises (GSE), (3) federally funded research and development corporations, (4) agency-related nonprofit organizations, (5) venture capital funds, (6) congressionally chartered nonprofit organizations, and (7) instrumentalities of indeterminate character. The quasi government, not surprisingly, is a controversial subject. To supporters of this trend toward greater reliance upon hybrid organizations, the proper objective of governmental management is to maximize performance and results, however defined. In their view, the private and governmental sectors are alike in their essentials, and thus subject to the same economically derived behavioral norms.They tend to welcome this trend toward greater use of quasi governmental entities. Critics of the quasi government, on the other hand, tend to view hybrid organizations as contributing to a weakened capacity of government to perform its fundamental constitutional duties, and to an erosion in political accountability, a crucial element in democratic governance. They tend to consider the governmental and private sectors as being legally distinct, with relatively little overlap in behavioral norms. Congress is increasingly engaged with the quasi government. The issues run the gamut from enacting legislation to encourage the creation of nonprofit organizations to promote individual national parks, to proposals to strengthen regulation of government- sponsored enterprises such as Fannie Mae, to oversight hearings respecting national security issues at Los Alamos Laboratory. There is nothing modest about the size, scope, and impact of the quasi government. Time will tell whether the emergence of the quasi government is to be viewed as a symptom of decline in our democratic government, or a harbinger of a new, creative management era where the purportedly artificial barriers between the governmental and private sectors are breached as a matter of principle. This report will be updated at the beginning of each Congress

Post Office and Retail Postal Facility Closures: Overview and Issues for Congress

[Excerpt] In common parlance, “post office” is used to refer to a wide variety of facilities operated by the United States Postal Service (USPS). In administrative practice, the USPS differentiates among several categories of postal facilities. Regarding one category of its facilities, the USPS announced in May 2009 that it was considering the closure of 3,105 of its 4,851 post office branches and stations. These facilities provide the public with postal services, such as stamp sales, post office boxes, and package shipping. Since the original announcement, the USPS has indicated that the number of possible closures may be more than 3,200. This report provides (1) information on this recent announcement; (2) historical data on the number of post offices and other retail postal facilities; (3) an explanation of the legal authorities relevant to retail postal facility closures; (4) a review of the retail postal facility closure processes, including data on public appeals of closures, and H.R. 658’s proposed alterations to the processes; and (5) a concluding discussion that suggests observations and possible issues for Congress. The USPS has cited financial duress as a reason for its proposed closure of up to 64% of its 4,851 post office branches and stations. According to the USPS, the post office branches and stations under consideration for closure are located in metropolitan areas. The USPS has not indicated whether any employees would lose their positions. Most postal employees are protected from layoffs by collective bargaining agreements. As of FY2008, the USPS had 36,065 retail postal facilities, including post offices, post office branches and stations, community post offices, and contract postal units. This is 16.3% fewer than existed in 1970 when the USPS was established as an independent establishment of the executive branch. The closure of 3,105 branches and stations would reduce the current number of retail postal facilities by 8.4%. By law, the USPS does not rely on appropriations to fund its operations. It must support itself through the sales of postal services. Congress has given the USPS considerable discretion to decide how many post offices to erect and where to place them. The USPS also is obliged to provide the public with adequate access to postal services. Both federal law and the USPS’s rules prescribe a post office closure process. The U.S. Postal Service must notify the affected public and hold a 60-day comment period prior to closing a post office. Should it decide to close a post office, the public has 30 days to appeal the decision to the Postal Regulatory Commission (PRC). Between FY1998 and FY2007, 25 of the approximately 676 post office closures were appealed to the PRC. The USPS uses an expedited version of this process to close post office branches, stations, and community post offices. On January 22, 2009, Representative Albio Sires introduced H.R. 658, which would require the USPS to employ the more lengthy post office closure process on all retail facility closures, and expand the current statutory public notification requirements. Federal law requires the USPS to arrange its delivery and service network to most efficiently serve the public. However, the proposed closures may raise a number of issues, including public participation in the closure process, the effects on postal workers, and the possible effects of closures on communities. Congress may wish to consider a variety of measures to address these possible issues. This report will be updated to reflect significant legislative action

The U.S. Postal Service’s Use of Contractors to Deliver Mail

[Excerpt] During the 110th Congress, three measures, H.Res. 282, S. 1457, and H.R. 4236, have been introduced to address the U.S. Postal Service’s (USPS’s) use of private contractors to deliver mail. This report provides information on USPS’s authority to contract and data on USPS’s use of private contractors to deliver mail. It notes that USPS has statutory authority to contract, although the extent of that authority has been contested. It also shows that USPS has increased its use of contractors in recent years, but that USPS employees continue to serve more than 98% of all U.S. homes and businesses. This report will be updated to reflect major legislative action

Security Classification Policy and Procedure: E.O. 12958, as Amended

This report describes security classification policy and procedure, largely prescribed in a series of successive presidential executive orders issued over the past 50 years. This policy provides the rationale and arrangements for designating information officially secret for reasons of national security, and for its declassification as well

The Charter of the American National Red Cross: Current Issues and Proposed Changes

This report consists of the character of the American National red cross with current issues and proposed changes

The U.S. Postal Service's Financial Condition: A Primer

Report that discusses the USPS financial challenges, agency's revenues, and recent financial difficulties

Regular Vetoes and Pocket Vetoes: An Overview

This report provides an overview of the President's veto power, including regular vetoes and pocket vetoes

Regular Vetoes and Pocket Vetoes: An Overview

This report gives an overview of the veto powers given to the President according to Article I, Section 7 of the Constitution. It contains sections on the Constitutional basis and importance of vetoes, overriding a veto, and the vetoes that have been exercised and overridden. It includes statistics and tables of Presidential vetoes 1789-2010

Congressional or Federal Charters: Overview and Current Issues

A congressional or federal charter is a federal statute that establishes a corporation. Congress has issued charters since 1791, although most charters were issued after the start of the 20th century. This report discusses the issues that recently, Congress has faced two issues involving its use of charters — confusion over who is responsible for the activities of chartered corporations and the challenges of managing them