[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2035 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2035

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 1998

  Mr. Baucus (for himself and Mr. Jeffords) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 39, United States Code, to establish guidelines for the 
 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 ``Community and Postal Participation 
Act of 1998''.

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

    Section 404 of title 39, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b)(1) Before making a determination under subsection (a)(3) as 
to the necessity for the relocation, closing, or consolidation of any 
post office, the Postal Service shall provide adequate notice to 
persons served by that post office of the intention of the Postal 
Service to relocate, close, or consolidate that post office not later 
than 60 days before the proposed date of that relocation, closing, or 
consolidation.
    ``(2)(A) The notification under paragraph (1) shall be in writing, 
hand delivered or delivered by mail to persons served by that post 
office, and published in 1 or more newspapers of general circulation 
within the zip codes served by that post office.
    ``(B) The notification under paragraph (1) shall include--
            ``(i) an identification of the relocation, closing, or 
        consolidation of the post office involved;
            ``(ii) a summary of the reasons for the relocation, 
        closing, or consolidation; and
            ``(iii) the proposed date for the relocation, closing, or 
        consolidation.
    ``(3) Any person served by the post office that is the subject of a 
notification under paragraph (1) may offer an alternative relocation, 
consolidation, or closing proposal during the 60-day period beginning 
on the date on which the notice is provided under paragraph (1).
    ``(4)(A) At the end of the period specified in paragraph (3), the 
Postal Service shall make a determination under subsection (a)(3). 
Before making a final determination, the Postal Service shall conduct a 
hearing, and persons served by the post office that is the subject of a 
notice under paragraph (1) may present oral or written testimony with 
respect to the relocation, closing, or consolidation of the post 
office.
    ``(B) In making a determination as to whether or not to relocate, 
close, or consolidate a post office, the Postal Service shall 
consider--
            ``(i) the extent to which the post office is part of a core 
        downtown business area;
            ``(ii) any potential effect of the relocation, closing, or 
        consolidation on the community served by the post office;
            ``(iii) whether the community served by the post office 
        opposes a relocation, closing, or consolidation;
            ``(iv) any potential effect of the relocation, closing, or 
        consolidation on employees of the Postal Service employed at 
        the post office;
            ``(v) whether the relocation, closing, or consolidation of 
        the post office is consistent with the policy of the Government 
under section 101(b) that requires the Postal Service to provide a 
maximum degree of effective and regular postal services to rural areas, 
communities, and small towns in which post offices are not self-
sustaining;
            ``(vi) the quantified long-term economic saving to the 
        Postal Service resulting from the relocation, closing, or 
        consolidation;
            ``(vii) whether postal officials engaged in negotiations 
        with persons served by the post office concerning the proposed 
        relocation, closing, or consolidation;
            ``(viii) whether management of the post office contributed 
        to a desire to relocate;
            ``(ix)(I) the adequacy of the existing post office; and
            ``(II) whether all reasonable alternatives to relocation, 
        closing, or consolidation have been explored; and
            ``(x) any other factor that the Postal Service determines 
        to be necessary for making a determination whether to relocate, 
        close, or consolidate that post office.
    ``(5)(A) Any determination of the Postal Service to 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).
    ``(B) The Postal Service shall respond to all of the alternative 
proposals described in paragraph (3) in a consolidated report that 
includes--
            ``(i) the determination and findings under subparagraph 
        (A); and
            ``(ii) each alternative proposal and a response by the 
        Postal Service.
    ``(C) The Postal Service shall make available to the public a copy 
of the report prepared under subparagraph (B) at the post office that 
is the subject of the report.
    ``(6)(A) The Postal Service shall take no action to relocate, 
close, or consolidate a post office until the applicable date described 
in subparagraph (B).
    ``(B) The applicable date specified in this subparagraph is--
            ``(i) if no appeal is made under paragraph (7), the end of 
        the 60-day period specified in that paragraph; or
            ``(ii) if an appeal is made under paragraph (7), the date 
        on which a determination is made by the Commission under 
        paragraph 7(A), but not later than 120 days after the date on 
        which the appeal is made.
    ``(7)(A) A determination of the Postal Service to relocate, close, 
or consolidate any post office may be appealed by any person served by 
that post office to the Postal Rate Commission during the 60-day period 
beginning on the date on which the report is made available under 
paragraph (5). The Commission shall review the determination on the 
basis of the record before the Postal Service in the making of the 
determination. The Commission shall make a determination based on that 
review not later than 120 days after appeal is made under this 
paragraph.
    ``(B) The Commission shall set aside any determination, findings, 
and conclusions of the Postal Service that the Commission finds to be--
            ``(i) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with the law;
            ``(ii) without observance of procedure required by law; or
            ``(iii) unsupported by substantial evidence on the record.
    ``(C) The Commission may affirm the determination of the Postal 
Service that is the subject of an appeal under subparagraph (A) or 
order that the entire matter that is the subject of that appeal 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.
    ``(D) The provisions of sections 556 and 557, and chapter 7 of 
title 5 shall not apply to any review carried out by the Commission 
under this paragraph.
    ``(E) A determination made by the Commission shall not be subject 
to judicial review.
    ``(8) In any case in which a community has in effect procedures to 
address the relocation, closing, or consolidation of buildings in the 
community, and the public participation requirements of those 
procedures are more stringent than those provided in this subsection, 
the Postal Service shall apply those procedures to the relocation, 
consolidation, or closing of a post office in that community in lieu of 
applying the procedures established in this subsection.
    ``(9) In making a determination to relocate, close, or consolidate 
any post office, the Postal Service shall comply with any applicable 
zoning, planning, or land use laws (including building codes and other 
related laws of State or local public entities, including any zoning 
authority with jurisdiction over the area in which the post office is 
located).
    ``(10) The relocation, closing, or consolidation of any post office 
under this subsection shall be conducted in accordance with section 110 
of the National Historic Preservation Act (16 U.S.C. 470h-2).''.

SEC. 3. POLICY STATEMENT.

    Section 101(g) of title 39, United States Code, is amended by 
adding at the end the following: ``In addition to taking into 
consideration the matters referred to in the preceding sentence, with 
respect to the creation of any new postal facility, the Postal Service 
shall consider the potential effects of that facility on the community 
to be served by that facility and the service provided by any facility 
in operation at the time that a determination is made whether to plan 
or build that facility.''.
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