[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1231 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1231

  To amend title 39, United States Code, to establish guidelines for 
renovation, relocation, closing, or consolidation of post offices, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 1997

 Mr. Blumenauer (for himself, Mr. Frost, and Mr. Foglietta) introduced 
 the following bill; which was referred to the Committee on Government 
                          Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
  To amend title 39, United States Code, to establish guidelines for 
renovation, relocation, closing, or consolidation of post offices, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post Office Relocation Act of 
1997''.

SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION, CLOSING, OR 
              CONSOLIDATION OF POST OFFICES.

    Section 404(b) of title 39, United States Code, is amended to read 
as follows--
    ``(b)(1) The Postal Service, prior to making a determination under 
subsection (a)(3) of this section as to the necessity for the 
renovation, relocation, closing, or consolidation of any post office, 
shall provide adequate notice of its intention to renovate, relocate, 
close, or consolidate such post office at least 60 days prior to the 
proposed date of such renovation, relocation, closing, or consolidation 
to persons served by such post office.
    ``(2) Such notification shall be made in writing and shall be hand 
delivered or delivered by mail to persons served by such post office, 
and shall be published in one or more newspapers of general circulation 
within the zip codes served by such post office. Such notification 
shall include--
            ``(A) an identification of the renovation, relocation, 
        closing, or consolidation;
            ``(B) a summary of the reasons for the renovation, 
        relocation, closing, or consolidation; and
            ``(C) the proposed date for the renovation, relocation, 
        renovation, closing, or consolidation.
    ``(3) Any person served by the post office may offer an alternative 
renovation, relocation, consolidation, or closing proposal within the 
60 day notice period. The Postal Service shall deliver a response in 
writing by hand delivery or certified mail to the person making the 
proposal. In a case in which the Postal Service rejects a bona fide 
proposal, the Postal Service shall state in writing the reasons for the 
rejection.
    ``(4) At the end of the 60 day notice period, the Postal Service 
shall make a determination under subsection (a)(3). Prior to making a 
final determination, the Postal Service shall conduct a hearing, and 
persons served by the post office may present oral or written testimony 
with respect to the renovation, relocation, closing, or consolidation 
of such post office. The Postal Service, in making a determination as 
to whether or not to renovate, relocate, close, or consolidate a post 
office shall consider--
            ``(A) the extent to which such post office is part of a 
        core downtown business area;
            ``(B) the effect of such renovation, relocation, closing, 
        or consolidation on the community served by such post office;
            ``(C) whether the community served by such post office 
        opposes a renovation, relocation, closing, or consolidation;
            ``(D) the effect of such renovation, relocation, closing, 
        or consolidation on employees of the Postal Service employed at 
        such office;
            ``(E) whether such renovation, relocation, closing, or 
        consolidation is consistent with the policy of the Government, 
        as stated in section 101(b) of this title, that the Postal 
        Service shall provide a maximum degree of effective and regular 
        postal services to rural areas, communities, and small towns 
        where post offices are not self sustaining;
            ``(F) the quantified long-term economic saving to the 
        Postal Service resulting from such renovation, relocation, 
        closing, or consolidation;
            ``(G) whether postal officials engaged in negotiations with 
        persons served by the post office concerning the proposed 
        renovation, relocation, closing, or consolidation;
            ``(H) whether management of the post office contributed to 
        a desire to relocate;
            ``(I) the adequacy of the existing post office, and whether 
        all reasonable alternatives have been explored; and
            ``(J) such other factors as the Postal Service determines 
        are necessary.
    ``(5) Any determination of the Postal Service to renovate, 
relocate, close, or consolidate a post office shall be in writing and 
shall include the findings of the Postal Service with respect to the 
considerations required to be made under paragraph (4) of this 
subsection. Such determination and findings shall be made available to 
persons served by such post office.
    ``(6) The Postal Service shall take no action to renovate, 
relocate, close, or consolidate a post office until 60 days after its 
written determination is made available to persons served by such post 
office.
    ``(7) A determination of the Postal Service to renovate, relocate, 
close, or consolidate any post office may be appealed by any person 
served by such post office to the Postal Rate Commission within 30 days 
after such determination is made available to such person under 
paragraph (5). The Commission shall review such determination on the 
basis of the record before the Postal Service in the making of such 
determination. The Commission shall make a determination based upon 
such review no later than 120 days after receiving any appeal under 
this paragraph. The commission shall set aside any determination, 
findings, and conclusions found to be--
            ``(A) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with the law;
            ``(B) without observance of procedure required by law; or
            ``(C) unsupported by substantial evidence on the record.
The Commission may affirm the determination of the Postal Service or 
order that the entire matter be returned for further consideration, but 
the Commission may not modify the determination of the Postal Service. 
The Commission may suspend the effectiveness of the determination of 
the Postal Service until the final disposition of the appeal. The 
provisions of section 556, section 557, and chapter 7 of title 5 shall 
not apply to any review carried out by the Commission under this 
paragraph.
    ``(8) In a case in which a community has procedures to address the 
renovation, relocation, closing, or consolidation of buildings in the 
community, and the public participation requirements of such procedures 
are more stringent than those provided in this subsection, the Postal 
Service shall follow such procedures and disregard the procedures 
established in this subsection.
    ``(9) The Postal Service, in making a determination to renovate, 
relocate, close, or consolidate any post office, shall comply with any 
zoning, planning, or land use regulations, or building codes applicable 
to State or local public entities, including the zoning authority, of 
the local jurisdiction.''.

SEC. 3. POLICY STATEMENT.

    Section 101(g) of title 39, United States Code, is amended by 
adding at the end the following: ``The Postal Service shall also 
consider the effect a new postal facility may have on the community 
served by the prior facility.''.
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