[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6217 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6217

    To amend title 39, United States Code, to modify the procedures 
        governing the closure or consolidation of post offices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2008

  Mr. Sires (for himself, Mr. Payne, and Mr. Rothman) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                                 A BILL


 
    To amend title 39, United States Code, to modify the procedures 
        governing the closure or consolidation of post offices.

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

SECTION 1. MODIFIED PROCEDURES.

    (a) In General.--Section 404(d) of title 39, United States Code, is 
amended by striking the matter before paragraph (5) and inserting the 
following:
    ``(d)(1) Before making any determination under subsection (a)(3) to 
close or consolidate a post office, the Postal Service shall conduct an 
investigation to assess the need for the proposed closure or 
consolidation and shall provide appropriate notice to the persons 
served by such post office to ensure that such persons will have an 
opportunity to present their views. Such notice shall be made to each 
person by mail, as well as by publication in newspapers of general 
circulation in the area within which such persons reside.
    ``(2) In deciding whether or not to close or consolidate a post 
office, the Postal Service--
            ``(A) shall consider--
                    ``(i) the effect such closing or consolidation 
                would have on the community served by such post office;
                    ``(ii) the effect such closing or consolidation 
                would have on employees of the Postal Service employed 
                at such office; and
                    ``(iii) whether such closing or consolidation would 
                be consistent with the policy of the Government, as 
                stated in section 101(b), 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; and
            ``(B) may not consider compliance with any provision of the 
        Occupational Safety and Health Act of 1970.
    ``(3)(A) A decision to proceed with the proposal to close or 
consolidate, following an investigation under paragraph (1), shall be 
made in writing and shall include the findings of the Postal Service 
with respect to each of the considerations specified in paragraph 
(2)(A).
    ``(B) Notice of the decision and findings under subparagraph (A) 
shall be posted prominently in each post office that would be affected, 
and notice of the posting shall be sent by mail to all persons served 
by such post office, at least 90 days before a final determination is 
made, to ensure that such persons will have an opportunity to submit 
comments.
    ``(C) Any posting under subparagraph (B) shall include the 
following: `This is notice of a proposal to _____ this post office. A 
final determination will not be made before the end of the 90-day 
period beginning on the date on which this notice is first posted.', 
with the blank space being filled in with `close' or `consolidate' 
(whichever is appropriate), and with instructions for how any 
interested person may submit comments.
    ``(4) A final determination to close or consolidate a post office 
shall be made, in writing, after taking into consideration any comments 
received in the course of the 90-day period referred to in paragraph 
(3). The Postal Service shall take no action to close or consolidate a 
post office before the end of the 60-day period beginning on the date 
as of which the Postal Service--
            ``(A) posts a copy of its final determination in a 
        prominent location in each affected post office; and
            ``(B) sends to all persons served by such post office--
                    ``(i) a notice of such determination; and
                    ``(ii) notice of any appeal rights available with 
                respect to such determination.''.
    (b) Suspension Pending Appeal.--Section 404(d)(5) of title 39, 
United States Code, is amended in the next to last sentence by striking 
``may suspend'' and inserting ``shall suspend''.
    (c) Exception.--Section 404(d) of title 39, United States Code, is 
amended by adding at the end the following:
    ``(7) The preceding provisions of this subsection shall not apply 
in the case of a closing or consolidation which occurs--
            ``(A) by reason of an emergency suspension, as defined 
        under regulations of the Postal Service; or
            ``(B) in the case of a leased facility, by reason of the 
        termination or cancellation of the lease by a party other than 
        the Postal Service.''.

SEC. 2. DEFINITIONS.

    Section 404 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(f) For purposes of this section--
            ``(1) the term `post office' includes an office, branch, 
        station, or other facility which--
                    ``(A) is operated by the Postal Service; and
                    ``(B) provides services to persons described in 
                paragraph (2); and
            ``(2) any reference to the persons served by a post office 
        shall include any postal patrons receiving mail delivery 
        service from such post office, residents within any ZIP code 
        served by such post office, postal patrons holding post office 
        boxes at such post office, and (as further defined under 
        regulations of the Postal Service) the relevant local 
        government officials.''.
                                 <all>