[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 658 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 658

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2009

   Mr. Sires (for himself, Mr. Rothman of New Jersey, Mr. Payne, Mr. 
Ortiz, Mr. Cardoza, Mr. Murphy of Connecticut, Ms. DeLauro, Mr. Stupak, 
Ms. Woolsey, Mr. Sherman, Mr. Pastor of Arizona, Ms. Lee of California, 
   Mr. Courtney, Mr. Wu, Mr. Space, Mr. Ackerman, Mr. Grijalva, Mr. 
      DeFazio, Mr. Connolly of Virginia, Mr. Patrick J. Murphy of 
 Pennsylvania, and Mr. McGovern) 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 postal facilities.

    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 ``Access to Postal Services Act''.

SEC. 2. 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 postal facility, 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 postal facility 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 postal 
facility, the Postal Service--
            ``(A) shall consider--
                    ``(i) the effect such closing or consolidation 
                would have on the community served by such postal 
                facility;
                    ``(ii) the effect such closing or consolidation 
                would have on employees of the Postal Service employed 
                at such postal facility; 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 postal facility that would be 
affected, and notice of the posting shall be sent by mail to all 
persons served by such postal facility, 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 postal facility. 
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 postal 
facility 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 postal facility 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 postal facility; and
            ``(B) sends to all persons served by such postal facility--
                    ``(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. 3. DEFINITIONS.

    Section 404 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(f) For purposes of subsection (d)--
            ``(1) the term `postal facility' 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 postal 
        facility shall include any postal patrons receiving mail 
        delivery service from such postal facility, residents within 
        any ZIP code served by such postal facility, postal patrons 
        having post office boxes at such postal facility, and the 
        relevant local government officials (as defined under 
        regulations of the Postal Service).''.
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