[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2692

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2011

  Mr. Sires 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--
            ``(i) a statement as follows: `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;
            ``(ii) a brief summary of the findings of the Postal 
        Service with respect to the factors for consideration specified 
        in paragraph (2)(A); and
            ``(iii) the amount of cost savings the Postal Service 
        estimates it will realize from the closing or consolidation, in 
        the first year following the date of such closing or 
        consolidation, together with an explanation of the assumptions 
        and methodologies used in making those estimates.
    ``(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)(A) The preceding provisions of this subsection shall not 
apply in the case of a closing or consolidation which occurs by reason 
of an emergency suspension, as defined under regulations of the Postal 
Service, subject to subparagraph (B).
    ``(B) For purposes of this paragraph, the term `emergency 
suspension' shall not, in the case of a leased facility, include the 
termination or cancellation of the lease by a party other than the 
Postal Service.''.

SEC. 3. ACTUAL COST SAVINGS.

    (a) In General.--Not later than 2 years after the date of the 
closing or consolidation of any postal facility occurring after the 
date of the enactment of this Act, the Inspector General of the United 
States Postal Service shall determine, and submit to the Postmaster 
General and each House of Congress its findings with respect to, the 
amount of the cost savings realized by the United States Postal Service 
from the closing or consolidation in the first year following such 
closing or consolidation.
    (b) Information To Be Included.--A submission under this section 
shall include--
            (1) the amount of the cost savings determined by the 
        Inspector General with respect to the closing or consolidation 
        involved, together with an explanation of the assumptions and 
        methodologies used;
            (2) a comparison of the cost savings determined by the 
        Inspector General versus the estimates provided by the Postal 
        Service under section 404(d)(3)(C)(iii) of title 39, United 
        States Code (as amended by section 2(a)); and
            (3) an explanation of the reasons for any differences 
        between the Inspector General's determination and the Postal 
        Service's estimates, together with recommendations for any 
        legislation or administrative action which the Inspector 
        General considers appropriate to provide for more accurate 
        estimates.

SEC. 4. 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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