[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1204 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 561
115th CONGRESS
  2d Session
                                S. 1204

                          [Report No. 115-329]

 To authorize the United States Postal Service to carry out emergency 
suspensions of post offices in accordance with certain procedures, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2017

  Mrs. McCaskill (for herself and Mr. Moran) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

                           September 4, 2018

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize the United States Postal Service to carry out emergency 
suspensions of post offices in accordance with certain procedures, and 
                          for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Post Office Discontinuance 
Accountability Act of 2017''.</DELETED>

<DELETED>SEC. 2. EMERGENCY SUSPENSIONS OF POST OFFICES.</DELETED>

<DELETED>    Section 404 of title 39, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(f) Emergency Suspensions.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection--</DELETED>
                <DELETED>    ``(A) the terms `alternate service' and 
                `temporary location' include a location at which 
                customers affected by an emergency suspension may send 
                and receive mail, which may include the provision and 
                regular servicing of a Cluster Box Unit (commonly known 
                as a `CBU') by the Postal Service;</DELETED>
                <DELETED>    ``(B) the term `discontinuance' means a 
                closing or consolidation;</DELETED>
                <DELETED>    ``(C) the term `discontinuance procedures' 
                means the procedures required for the discontinuance of 
                a post office under subsection (d) and any regulations 
                promulgated under that subsection;</DELETED>
                <DELETED>    ``(D) the term `discontinue' means close 
                or consolidate;</DELETED>
                <DELETED>    ``(E) the term `emergency suspension' 
                means the temporary discontinuance of a post office, 
                without following discontinuance procedures for the 
                post office, because of--</DELETED>
                        <DELETED>    ``(i) a natural 
                        disaster;</DELETED>
                        <DELETED>    ``(ii) the early, sudden, or 
                        unexpected termination of a lease or rental 
                        agreement by the lessor when suitable alternate 
                        quarters are not immediately available in the 
                        same community;</DELETED>
                        <DELETED>    ``(iii) lack of qualified 
                        personnel to operate the post office;</DELETED>
                        <DELETED>    ``(iv) severe or irreparable 
                        damage to, or destruction of, the post office 
                        when suitable alternate quarters are not 
                        immediately available in the 
                        community;</DELETED>
                        <DELETED>    ``(v) a challenge to the sanctity 
                        of the mail; or</DELETED>
                        <DELETED>    ``(vi) a lack of adequate measures 
                        to safeguard the post office or its revenues; 
                        and</DELETED>
                <DELETED>    ``(F) the term `post office'--</DELETED>
                        <DELETED>    ``(i) means a Post Office, as that 
                        term is defined in section 241.1 of title 39, 
                        Code of Federal Regulations, or any successor 
                        regulation; and</DELETED>
                        <DELETED>    ``(ii) does not include a post 
                        office branch or station.</DELETED>
        <DELETED>    ``(2) Authority.--A District Manager may implement 
        an emergency suspension of a post office in accordance with the 
        requirements under paragraphs (3) through (7).</DELETED>
        <DELETED>    ``(3) Notification.--If a District Manager 
        implements an emergency suspension of a post office, the 
        District Manager shall provide immediate notice of the 
        suspension to--</DELETED>
                <DELETED>    ``(A) the Headquarters Review Coordinator 
                or the Field Performance office;</DELETED>
                <DELETED>    ``(B) local officials of the Postal 
                Service, including--</DELETED>
                        <DELETED>    ``(i) all direct reports to the 
                        District Manager;</DELETED>
                        <DELETED>    ``(ii) the Vice President, Area 
                        Operations;</DELETED>
                        <DELETED>    ``(iii) State and national 
                        postmaster organizations;</DELETED>
                        <DELETED>    ``(iv) relevant local 
                        transportation and logistics officials of the 
                        Postal Service;</DELETED>
                        <DELETED>    ``(v) accounting services of the 
                        Postal Service and Postmaster 
                        accounts;</DELETED>
                        <DELETED>    ``(vi) each upstream Processing 
                        and Distributions Center responsible for 
                        processing mail to and from the relevant post 
                        office;</DELETED>
                        <DELETED>    ``(vii) the Address Management 
                        division of the Postal Service;</DELETED>
                        <DELETED>    ``(viii) the Shared Human 
                        Resources Center of the Postal 
                        Service;</DELETED>
                        <DELETED>    ``(ix) the Discontinuance 
                        Coordinator of the Postal Service;</DELETED>
                        <DELETED>    ``(x) the Facilities Service 
                        Office of the Postal Service;</DELETED>
                        <DELETED>    ``(xi) local political 
                        officials;</DELETED>
                        <DELETED>    ``(xii) the Vice President, 
                        Facilities; and</DELETED>
                        <DELETED>    ``(xiii) the Customer Relationship 
                        Manager; and</DELETED>
                <DELETED>    ``(C) customers, notification to whom 
                shall include--</DELETED>
                        <DELETED>    ``(i) the effective date of the 
                        suspension;</DELETED>
                        <DELETED>    ``(ii) the reason for the 
                        suspension;</DELETED>
                        <DELETED>    ``(iii) any alternate service 
                        available, including how to request curbside 
                        delivery;</DELETED>
                        <DELETED>    ``(iv) the nearest post offices 
                        and hours of service; and</DELETED>
                        <DELETED>    ``(v) the name, telephone number, 
                        and email address of an individual to contact 
                        for more information.</DELETED>
        <DELETED>    ``(4) Alternate service.--</DELETED>
                <DELETED>    ``(A) In general.--If a District Manager 
                implements an emergency suspension of a post office, 
                the District Manager shall establish alternate service 
                as quickly as possible.</DELETED>
                <DELETED>    ``(B) Determination to discontinue.--If 
                the Postal Service appears likely to make a 
                determination under subsection (a)(3) to discontinue a 
                post office that is under an emergency suspension, the 
                District Manager shall make every effort to provide the 
                alternate service under subparagraph (A) of this 
                paragraph that is most likely to be recommended in the 
                determination to discontinue the post office.</DELETED>
        <DELETED>    ``(5) Employee reassignment.--If a District 
        Manager implements an emergency suspension of a post office, 
        the District Manager shall temporarily reassign each employee 
        of the post office in accordance with each applicable statute, 
        regulation, and collective bargaining agreement.</DELETED>
        <DELETED>    ``(6) Suspension review team.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 10 days 
                after the date on which a District Manager implements 
                an emergency suspension of a post office, the District 
                Manager shall form a suspension review team to review 
                the decision to implement the emergency 
                suspension.</DELETED>
                <DELETED>    ``(B) Members.--The members of a 
                suspension review team shall include--</DELETED>
                        <DELETED>    ``(i) the Discontinuance 
                        Coordinator;</DELETED>
                        <DELETED>    ``(ii) the Manager of Post Office 
                        Operations or a designee;</DELETED>
                        <DELETED>    ``(iii) a representative from the 
                        Facility Services Office; and</DELETED>
                        <DELETED>    ``(iv) in the case of the 
                        suspension of a post office staffed by a 
                        postmaster, State presidents of each postmaster 
                        organization or their designees.</DELETED>
                <DELETED>    ``(C) Decisions.--All decisions of the 
                suspension review team shall be by an affirmative vote 
                of a majority of the members of the suspension review 
                team.</DELETED>
                <DELETED>    ``(D) Site visit.--The suspension review 
                team for a post office shall conduct a site visit to 
                the post office.</DELETED>
                <DELETED>    ``(E) Recommendation.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        10 business days after the site visit under 
                        subparagraph (D), the suspension review team 
                        shall notify the District Manager and the Vice 
                        President, Delivery Operations of its 
                        recommendation to--</DELETED>
                                <DELETED>    ``(I) continue the 
                                emergency suspension; or</DELETED>
                                <DELETED>    ``(II) reopen the post 
                                office.</DELETED>
                        <DELETED>    ``(ii) Postmaster organizations.--
                        In the case of the suspension of a post office 
                        staffed by a postmaster, the suspension review 
                        team shall also notify the national postmaster 
                        organizations of its recommendation under 
                        clause (i).</DELETED>
                <DELETED>    ``(F) Continued suspension.--</DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        suspension review team recommends under 
                        subparagraph (E) that the emergency suspension 
                        of a post office continue, the District Manager 
                        shall--</DELETED>
                                <DELETED>    ``(I) not later than 10 
                                days after being notified of that 
                                recommendation, initiate discontinuance 
                                procedures for the post office; 
                                or</DELETED>
                                <DELETED>    ``(II) not later than 30 
                                days after being notified of that 
                                recommendation, publish and submit to 
                                the Vice President, Delivery 
                                Operations, a plan of action to restore 
                                service to the affected community--
                                </DELETED>
                                        <DELETED>    ``(aa) within a 
                                        reasonable period of time; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) in any 
                                        event, not later than 180 days 
                                        after the date on which the 
                                        emergency suspension was 
                                        implemented.</DELETED>
                        <DELETED>    ``(ii) Delay in restoration of 
                        service.--If a District Manager publishes and 
                        submits a plan of action to restore service to 
                        an affected community under clause (i)(II) and 
                        service to the affected community is not 
                        restored within 180 days of the date on which 
                        the emergency suspension was implemented, the 
                        District Manager shall--</DELETED>
                                <DELETED>    ``(I)(aa) publish notice 
                                of the delay, including--</DELETED>
                                        <DELETED>    ``(AA) a reason 
                                        for the delay; and</DELETED>
                                        <DELETED>    ``(BB) an 
                                        anticipated date of restoration 
                                        of service; and</DELETED>
                                <DELETED>    ``(bb) not later than 10 
                                days after publishing the notice, host 
                                a live, in-person question-and-answer 
                                forum in the affected community; 
                                or</DELETED>
                                <DELETED>    ``(II) initiate 
                                discontinuance procedures for the post 
                                office.</DELETED>
                        <DELETED>    ``(iii) Further delays in 
                        restoration of service.--Upon the expiration of 
                        each 30-day period after the date that is 180 
                        days after the date on which the emergency 
                        suspension of a post office was implemented, if 
                        service has not been restored to the affected 
                        community, the District Manager shall publish 
                        an updated notice of the delay that includes 
                        the anticipated date of restoration of 
                        service.</DELETED>
                        <DELETED>    ``(iv) 1-year delay.--If 1 year 
                        has elapsed since the implementation of an 
                        emergency suspension of a post office and 
                        service has not been restored to the affected 
                        community, the District Manager--</DELETED>
                                <DELETED>    ``(I) shall host--
                                </DELETED>
                                        <DELETED>    ``(aa) a second 
                                        live, in-person question-and-
                                        answer forum in the affected 
                                        community; and</DELETED>
                                        <DELETED>    ``(bb) additional 
                                        live, in-person question-and-
                                        answer fora in the affected 
                                        community every subsequent 180 
                                        days until--</DELETED>

                                                <DELETED>    ``(AA) 
                                                service is restored; 
                                                or</DELETED>

                                                <DELETED>    ``(BB) the 
                                                District Manager 
                                                initiates 
                                                discontinuance 
                                                procedures for the post 
                                                office; and</DELETED>

                                <DELETED>    ``(II) if no alternate 
                                services are located within 10 miles of 
                                the post office, not later than 60 days 
                                after the date that is 1 year after the 
                                date on which the emergency suspension 
                                was implemented, shall develop and 
                                publish a plan to establish a temporary 
                                location from which to provide service 
                                within 10 miles of the suspended 
                                facility.</DELETED>
                <DELETED>    ``(G) Reopening of post office.--If the 
                suspension review team recommends under subparagraph 
                (E) that a post office be reopened--</DELETED>
                        <DELETED>    ``(i) not later than 5 business 
                        days after the date on which the suspension 
                        review team provides notice of the 
                        recommendation under clause (i) of that 
                        subparagraph, the District Manager shall reopen 
                        the post office; and</DELETED>
                        <DELETED>    ``(ii) the Inspector General shall 
                        conduct an investigation to determine the 
                        legitimacy of the concerns that resulted in the 
                        emergency suspension.</DELETED>
        <DELETED>    ``(7) Restoration of service.--Upon restoration of 
        service under paragraph (6)(F) or the reopening of a post 
        office under paragraph (6)(G), the District Manager shall 
        immediately notify--</DELETED>
                <DELETED>    ``(A) the affected community;</DELETED>
                <DELETED>    ``(B) the Headquarters Review Coordinator; 
                and</DELETED>
                <DELETED>    ``(C) the local Facilities Database 
                Coordinator.</DELETED>
        <DELETED>    ``(8) Lease or rental agreement expiration.--
        </DELETED>
                <DELETED>    ``(A) In general.--</DELETED>
                        <DELETED>    ``(i) Prohibition on emergency 
                        suspensions.--A District Manager may not 
                        implement an emergency suspension of a post 
                        office based on the expiration of the lease or 
                        rental agreement for the post office.</DELETED>
                        <DELETED>    ``(ii) Alternative process.--The 
                        Postal Service may establish an alternative 
                        process for the suspension of postal services 
                        to a community based on the expiration of a 
                        lease or rental agreement for a post office in 
                        accordance with subparagraphs (B) through (I) 
                        of this paragraph.</DELETED>
                <DELETED>    ``(B) Preparation for expiration.--Before 
                the expiration of a lease or rental agreement for a 
                post office, the District Manager shall--</DELETED>
                        <DELETED>    ``(i) initiate or attempt to 
                        initiate negotiations for an extension of the 
                        lease or rental agreement, or sale of the 
                        property to the Postal Service, with a 
                        sufficient amount of time, which shall be not 
                        less than 18 months, to allow for the likely 
                        completion of negotiations before the 
                        expiration of the lease or rental agreement; 
                        or</DELETED>
                        <DELETED>    ``(ii) initiate discontinuance 
                        procedures for the post office with a 
                        sufficient amount of time, which shall be not 
                        less than 18 months, to allow for likely 
                        completion of the procedures before the 
                        expiration of the lease or rental 
                        agreement.</DELETED>
                <DELETED>    ``(C) Discontinuance.--If the District 
                Manager does not initiate or attempt to initiate 
                negotiations described in subparagraph (B)(i) with a 
                sufficient amount of time (as defined in that 
                subparagraph) to allow for likely completion of 
                negotiations before the expiration of the lease or 
                rental agreement, discontinuance procedures may not be 
                initiated for the post office earlier than the date 
                that is 3 years after the date on which the lease or 
                rental agreement expires.</DELETED>
                <DELETED>    ``(D) Failure to reach agreement.--If, as 
                of 30 days before the expiration of a lease or rental 
                agreement for a post office, the District Manager has 
                not reached an agreement with the lessor to extend the 
                lease or rental agreement or to sell the property to 
                the Postal Service, the District Manager shall--
                </DELETED>
                        <DELETED>    ``(i) notify the affected 
                        community of a possible disruption in service 
                        due to the possible expiration of the lease or 
                        rental agreement; and</DELETED>
                        <DELETED>    ``(ii) include in the notification 
                        under clause (i)--</DELETED>
                                <DELETED>    ``(I) the expiration date 
                                of the lease or rental 
                                agreement;</DELETED>
                                <DELETED>    ``(II) alternate services 
                                available if the lease or rental 
                                agreement expires, including how to 
                                request curbside delivery;</DELETED>
                                <DELETED>    ``(III) the nearest post 
                                offices and hours of service; 
                                and</DELETED>
                                <DELETED>    ``(IV) the name, telephone 
                                number, and email address of an 
                                individual to contact for more 
                                information.</DELETED>
                <DELETED>    ``(E) New lease or rental agreement.--Not 
                later than 30 days after the date on which a lease or 
                rental agreement for a post office expires, the 
                District Manager shall make best efforts to enter into 
                a new lease or rental agreement for a post office in, 
                or within a reasonable distance of, the community in 
                which the post office that was the subject of the 
                expired lease or rental agreement is located.</DELETED>
                <DELETED>    ``(F) Failure to enter into new lease or 
                rental agreement.--If, within 30 days after the 
                expiration of a lease or rental agreement for a post 
                office, the District Manager is unable to execute a new 
                lease or rental agreement at the same location or 
                another location within the affected community, the 
                District Manager shall--</DELETED>
                        <DELETED>    ``(i) publish notice of intent to 
                        submit to the Vice President, Delivery 
                        Operations a plan of action to restore service 
                        to the affected community--</DELETED>
                                <DELETED>    ``(I) within a reasonable 
                                period of time; and</DELETED>
                                <DELETED>    ``(II) in any event, not 
                                later than 180 days after the date on 
                                which the lease or rental agreement 
                                expired; or</DELETED>
                        <DELETED>    ``(ii) if no suitable alternate 
                        quarters are available in the community--
                        </DELETED>
                                <DELETED>    ``(I) publish notice of 
                                intent to initiate discontinuance 
                                procedures for the post office; 
                                and</DELETED>
                                <DELETED>    ``(II) initiate 
                                discontinuance procedures.</DELETED>
                <DELETED>    ``(G) Delay in restoration of service.--If 
                a District Manager publishes and submits a plan of 
                action to restore service to an affected community 
                under subparagraph (F)(i) and service to the affected 
                community is not restored within 180 days of the date 
                on which the lease or rental agreement for the post 
                office expired, the District Manager shall--</DELETED>
                        <DELETED>    ``(i)(I) publish notice of the 
                        delay, including--</DELETED>
                                <DELETED>    ``(aa) a reason for the 
                                delay; and</DELETED>
                                <DELETED>    ``(bb) an anticipated date 
                                of restoration of service; 
                                and</DELETED>
                        <DELETED>    ``(ii) not later than 10 days 
                        after publishing the notice, host a live, in-
                        person question-and-answer forum in the 
                        affected community.</DELETED>
                <DELETED>    ``(H) Further delays in restoration of 
                service.--Upon the expiration of each 30-day period 
                after the date on which the District Manager publishes 
                notice under subparagraph (G)(i), if service has not 
                been restored to the affected community, the District 
                Manager shall publish an updated notice of the delay 
                that includes the anticipated date of restoration of 
                service.</DELETED>
                <DELETED>    ``(I) 1-year delay.--If service to the 
                affected community is not restored within 1 year of the 
                date on which the lease or rental agreement for the 
                post office expired, the District Manager--</DELETED>
                        <DELETED>    ``(i) shall host--</DELETED>
                                <DELETED>    ``(I) a second live, in-
                                person question-and-answer forum in the 
                                affected community; and</DELETED>
                                <DELETED>    ``(II) additional live, 
                                in-person question-and-answer fora in 
                                the affected community every subsequent 
                                180 days until--</DELETED>
                                        <DELETED>    ``(aa) service is 
                                        restored; or</DELETED>
                                        <DELETED>    ``(bb) the 
                                        District Manager initiates 
                                        discontinuance procedures for 
                                        the post office; and</DELETED>
                        <DELETED>    ``(ii) if no alternate services 
                        are located within 10 miles of the post office, 
                        not later than 60 days after the date that is 1 
                        year after the date on which the lease or 
                        rental agreement for the post office expired, 
                        shall develop and publish a plan to establish a 
                        temporary location from which to provide 
                        service within 10 miles of the post 
                        office.</DELETED>
        <DELETED>    ``(9) Delegation.--A District Manager may delegate 
        any authority or responsibility under this subsection except 
        under paragraph (2), (4)(B), or (6)(A).</DELETED>
        <DELETED>    ``(10) Applicability.--This subsection shall apply 
        to any emergency suspension of a post office that is 
        implemented on or after the date of enactment of the Post 
        Office Discontinuance Accountability Act of 2017.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post Office Discontinuance 
Accountability Act of 2018''.

SEC. 2. EMERGENCY SUSPENSIONS OF POST OFFICES.

    Section 404(d) of title 39, United States Code, is amended by 
adding at the end the following:
    ``(7)(A) The Postal Service may temporarily suspend operations at a 
post office if the Postal Service follows the procedures set forth in 
subchapter 61 of Postal Service Handbook PO-101.
    ``(B) If the lease or rental agreement for a post office expires, 
and the Postal Service does not reasonably expect to reach a new lease 
or rental agreement, the Postal Service shall notify affected customers 
of the possible suspension of the post office in accordance with 
section 613.3 of Postal Service Handbook PO-101.
    ``(C) If a post office has been suspended for not less than 1 year, 
any person served by the post office may file an appeal with the Postal 
Regulatory Commission. On review, the Commission may consider the 
suspension to be an action that is subject to the procedures required 
under paragraphs (1) through (6) unless--
            ``(i) the Postal Service demonstrates that--
                    ``(I) the need for a suspension under subchapter 61 
                of Postal Service Handbook PO-101 continues to exist; 
                and
                    ``(II) the Postal Service is complying with the 
                applicable procedures under subchapter 61 of Postal 
                Service Handbook PO-101; or
            ``(ii) the Commission has already established a process for 
        resolving the suspension of the post office.
    ``(D) If the Postal Service demonstrates the need for a continued 
suspension under subparagraph (C)(i), the Postal Service shall--
            ``(i) conduct a community meeting to--
                    ``(I) explain the circumstances of the suspension 
                and obtain customer opinion about alternate service in 
                a manner similar to the community meeting described in 
                part 714 of Postal Service Handbook PO-101; and
                    ``(II) present the plan of action to restore 
                service required under part 618 of Postal Service 
                Handbook PO-101; and
            ``(ii) periodically update the affected community if 
        service is not restored in accordance with the plan described 
        in clause (i)(II) of this subparagraph.
    ``(E) The Postal Service shall consult with the Postal Regulatory 
Commission in making any changes to suspension procedures in Postal 
Service Handbook PO-101.
    ``(F) In this paragraph--
            ``(i) the term `Postal Service Handbook PO-101' means the 
        document titled `Postal Service-Operated Retail Facilities 
        Discontinuance Guide' (Handbook PO-101), published by the 
        Postal Service in October 2012, or any appropriate successor to 
        that document; and
            ``(ii) a reference to a provision of Postal Service 
        Handbook PO-101 shall be deemed to include any appropriate 
        successor to that provision.''.
                                                       Calendar No. 561

115th CONGRESS

  2d Session

                                S. 1204

                          [Report No. 115-329]

_______________________________________________________________________

                                 A BILL

 To authorize the United States Postal Service to carry out emergency 
suspensions of post offices in accordance with certain procedures, and 
                          for other purposes.

_______________________________________________________________________

                           September 4, 2018

                       Reported with an amendment