Closing or consolidation of post offices

(a)

Economic effects

Section 404(d)(2)(A)(i) of title 39, United States Code, is amended by striking the semicolon and inserting , including any economic effects;. (b)

Increase in length of waiting period

Section 404(d)(4) of title 39, United States Code, is amended by striking 60 and inserting 120. (c)

Specific basis To exercise authority To set aside

Subparagraph (C) of section 404(d)(5) of title 39, United States Code, is amended to read as follows:

(C)unsupported by substantial evidence on the record, including any determination, finding, or conclusion of the Postal Service with respect to clause (i), (ii), (iii), or (iv) of paragraph (2)(A) (each of which clauses the Postal Service shall specifically address under paragraph (3) with respect to the post office involved).

(d)

PRC concurrence required

Section 404(d) of title 39, United States Code, is amended by adding at the end the following:

(7)If an appeal is filed under paragraph (5) with respect to the closure or consolidation of a post office, the Postal Service may not proceed with its determination to close or consolidate such post office without the written concurrence of at least 3 of the Commissioners.

(e)

Review

Section 404(d) of title 39, United States Code, is amended by adding after paragraph (7) (as added by subsection (d)) the following:

(8)Within 1 year after the date on which a post office is closed or consolidated, the Postal Service shall conduct a review and make public its findings and determinations in regard to— (A)the accuracy of the findings which the Postal Service had made earlier, with respect to the considerations under paragraph (2)(A), in connection with the proposed closing or consolidation of such post office; and (B)what substitute services are being provided for those previously provided by the post office that was closed or consolidated, and whether those substitute services are meeting community needs.

Provisions relating to certain other facilities

Section 404 of title 39, United States Code, is amended by adding at the end the following:

(f)(1)The Postal Service, prior to making a determination as to the necessity for the closing or consolidation of any mail processing facility, shall provide adequate notice of its intention to close or consolidate such mail processing facility at least 60 days prior to the proposed date of such closing or consolidation to the employees at that facility and the community in which such facility is located to ensure that such persons will have an opportunity to present their views. (2)The Postal Service, in making a determination whether or not to close or consolidate a mail processing facility— (A)shall consider— (i)the effect of such closing or consolidation on the community in which such facility is located, including any economic effects; (ii)the effect of such closing or consolidation on employees of the Postal Service employed at such facility; (iii)whether such closing or consolidation is 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; (iv)the economic savings to the Postal Service resulting from such closing or consolidation; and (v)such other factors as the Postal Service determines are necessary; and (B)may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (3)Any determination of the Postal Service to close or consolidate a mail processing facility shall be in writing and shall include the findings of the Postal Service with respect to the considerations required to be made under paragraph (2). Such determination and findings shall be made available to employees at the facility and the community in which such facility is located. (4)The Postal Service shall take no action to close or consolidate a mail processing facility until 120 days after its written determination is made available to employees of that facility and the community in which such facility is located. (5)A determination of the Postal Service to close or consolidate any mail processing facility may be appealed to the Postal Regulatory Commission, by any employee at such facility or member of the community in which such facility is located, within 30 days after such determination is made available to such person under paragraph (3). 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, including any determination, finding, or conclusion of the Postal Service with respect to clause (i), (ii), (iii), or (iv) of paragraph (2)(A) (each of which clauses the Postal Service shall specifically address under paragraph (3) with respect to the facility involved).

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.

(6)For purposes of paragraph (5), any appeal received by the Commission shall— (A)if sent to the Commission through the mails, be considered to have been received on the date of the Postal Service postmark on the envelope or other cover in which such appeal is mailed; or (B)if otherwise lawfully delivered to the Commission, be considered to have been received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission). (7)If an appeal is filed under paragraph (5) with respect to the closure or consolidation of a mail processing facility, the Postal Service may not proceed with its determination to close or consolidate such facility without the written concurrence of at least 3 of the Commissioners. (8)Within 1 year after the date on which a mail processing facility is closed or consolidated, the Postal Service shall conduct a review and make public its findings and determinations in regard to— (A)the accuracy of the findings which the Postal Service had made earlier, with respect to the considerations under paragraph (2)(A), in connection with the proposed closing or consolidation of such facility; and (B)what substitute services are being provided for those previously provided by the facility that was closed or consolidated, and whether those substitute services are meeting community needs. (9)For purposes of this subsection, the term mail processing facility means a processing and distribution center, processing and distribution facility, network distribution center, or other facility which is operated by the Postal Service, and the primary function of which is to sort and process mail.