[Congressional Record (Bound Edition), Volume 145 (1999), Part 3]
[Senate]
[Pages 3874-3876]
[From the U.S. Government Publishing Office, www.gpo.gov]




             POST OFFICE COMMUNITY PARTNERSHIP ACT OF 1999

 Mr. JEFFORDS. Mr. President, I rise today to discuss a bill 
that my colleague Senator Baucus and I are re-introducing titled the, 
``Post Office Community Partnership Act of 1999.''
  Aside from a few technical changes, the bill is similar to the one we 
introduced in the 105th Congress that was supported by so many of our 
colleagues in a 76-21 vote last July. Unfortunately our postal language 
was dropped from the underlying bill during conference with the House. 
However, I am hopeful that this year our bill will become law. I should 
add that this year we have coordinated our efforts with Representative 
Blumenauer of Oregon and an identical companion bill is being put 
forward in both the Senate and the House.
  Mr. President, I live in a small town in Vermont. I understand the 
importance downtowns and village centers play in the identity and 
longevity of communities. Downtowns are the social and economic hearts 
of small communities. They are where neighbors catch up on the news, 
shop, worship, and celebrate national holidays.
  Our bill will enable the residents of small villages and large towns 
to have a say when the Postal Service decides that their local post 
office will be closed, relocated, or consolidated. Local post offices 
are important tenants in any vibrant downtown. A recent article in USA 
Today cited a 1993 study that found that 80 percent of people who 
shopped downtown planned their visit around a visit to the post office.
  There is much talk in the news today about revitalizing our downtowns 
and encouraging smart growth. I say to my colleagues, if you want to 
encourage

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smart growth, let's start by doing what we can to keep federal 
facilities such as post offices in downtowns.
  Some of my colleagues may ask why this legislation is necessary. A 
story from my home state of Vermont will answer that question.
  A few years ago the general store on the green in Perkinsville, 
Vermont went bankrupt and the adjacent post office wanted to leave the 
small village center for a new building outside of town. By the time 
the community was aware of the relocation, plans were so far along--the 
new building had actually been constructed based on the promise of the 
post office as the anchor tenant--that there was no time to fully 
investigate in-town alternatives. One elderly resident wrote that in 
contrast to families now being able to walk to the post office, ``we 
certainly won't be walking along the busy Route 106 two miles or more 
to get our mail.'' The State Historic Preservation Officer commented 
that as people meet neighbors at the post office, the threads of 
community are woven and reinforced. ``It may be intangible, but its 
real, and such interaction is critically important to the preservation 
of the spirit and physical fabric of small village centers like 
Perkinsville.''
  In other Vermont towns such as Springfield, Arlington, and St. 
Albans, the threat of our legislation has encouraged the Postal Service 
to work more closely with these communities as plans are developed to 
expand their local post offices. Our bill would codify the process that 
communities should go through and would avoid a one-size fits all 
approach to community needs.
  Mr. President, post office closings and relocations are occurring all 
across the country and especially in small and rural communities. My 
colleagues will quickly discover similar examples in their own states 
where the removal of the post office has harmed the economic vitality 
of the downtown area, deprived citizens without cars of access, and 
contributed to sprawl.
  The basic premise for this legislation is to give the individuals in 
a community a voice in the process of a proposed relocation, closing, 
consolidation, or construction of a post office. This bill does not 
give the citizenry the ultimate veto power over a relocation, closing, 
consolidation, or construction. Instead, the bill sets up a process 
that makes sure community voices and concerns are heard and taken into 
account by the Postal Service.
  Additionally, this bill will require the Postal Service to abide by 
local zoning laws and the historic preservation rules regarding federal 
buildings. Because it is a federal entity, the Postal Service has the 
ability to override local zoning requirements. In some cases this has 
led to disruption of traffic patterns, a rejection of local safety 
standards, and concerns about environmental damage from problems such 
as storm water management.
  Mr. President, post offices in Vermont and across the nation are 
centers of social and business interaction. In communities where post 
offices are located on village greens or in downtowns, they become 
integral to these communities' identities. I believe that this 
legislation will strengthen the federal-local ties of the Postal 
Service, help preserve our downtowns, and combat the problem of sprawl. 
I urge my colleagues to join Senator Baucus and I in support of this 
important legislation. I ask to have the text of the bill printed in 
the Record.
  The text of the bill follows:

                                 S. 556

       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 ``Post Office Community 
     Partnership Act of 1999''.

     SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, CONSOLIDATION, OR 
                   CONSTRUCTION OF POST OFFICES.

       Section 404 of title 39, United States Code, is amended by 
     striking subsection (b) and inserting the following:
       ``(b)(1) Before making a determination under subsection 
     (a)(3) as to the necessity for the relocation, closing, 
     consolidation, or construction of any post office, the Postal 
     Service shall provide adequate notice to persons served by 
     that post office of the intention of the Postal Service to 
     relocate, close, consolidate, or construct that post office 
     not later than 60 days before the final determination is made 
     to relocate, close, consolidate, or construct.
       ``(2)(A) The notification under paragraph (1) shall be in 
     writing, hand delivered or delivered by mail to persons 
     served by that post office, and published in 1 or more 
     newspapers of general circulation within the zip codes served 
     by that post office.
       ``(B) The notification under paragraph (1) shall include--
       ``(i) an identification of the relocation, closing, 
     consolidation, or construction of the post office involved;
       ``(ii) a summary of the reasons for the relocation, 
     closing, consolidation, or construction;
       ``(iii) the proposed date for the relocation, closing, 
     consolidation, or construction;
       ``(iv) notice of the opportunity of a hearing, if 
     requested; and
       ``(v) notice of the opportunity for public comment, 
     including suggestions.
       ``(3) Any person served by the post office that is the 
     subject of a notification under paragraph (1) may offer an 
     alternative relocation, closing, consolidation, or 
     construction proposal during the 60-day period beginning on 
     the date on which the notice is provided under paragraph (1).
       ``(4)(A) At the end of the period specified in paragraph 
     (3), the Postal Service shall make a determination under 
     subsection (a)(3). Before making a final determination, the 
     Postal Service shall conduct a hearing, if requested by 
     persons served by the post office that is the subject of a 
     notice under paragraph (1). If a hearing is held under this 
     paragraph, the persons served by such post office may present 
     oral or written testimony with respect to the relocation, 
     closing, consolidation, or construction of the post office.
       ``(B) In making a determination as to whether or not to 
     relocate, close, consolidate, or construct a post office, the 
     Postal Service shall consider--
       ``(i) the extent to which the post office is part of a core 
     downtown business area;
       ``(ii) any potential effect of the relocation, closing, 
     consolidation, or construction on the community served by the 
     post office;
       ``(iii) whether the community served by the post office 
     opposes a relocation, closing, consolidation, or 
     construction;
       ``(iv) any potential effect of the relocation, closing, 
     consolidation, or construction on employees of the Postal 
     Service employed at the post office;
       ``(v) whether the relocation, closing, consolidation, or 
     construction of the post office is consistent with the policy 
     of the Government under section 101(b) that requires the 
     Postal Service to provide a maximum degree of effective and 
     regular postal services to rural areas, communities, and 
     small towns in which post offices are not self-sustaining;
       ``(vi) the quantified long-term economic saving to the 
     Postal Service resulting from the relocation, closing, 
     consolidation, or construction;
       ``(vii)(I) the adequacy of the existing post office; and
       ``(II) whether all reasonable alternatives to relocation, 
     closing, consolidation, or construction have been explored; 
     and
       ``(viii) any other factor that the Postal Service 
     determines to be necessary for making a determination whether 
     to relocate, close, consolidate, or construct that post 
     office.
       ``(C) In making a determination as to whether or not to 
     relocate, close, consolidate, or construct a post office, the 
     Postal Service may not consider compliance with any provision 
     of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
     651 et seq.).
       ``(5)(A) Any determination of the Postal Service to 
     relocate, close, consolidate, or construct a post office 
     shall be in writing and shall include the findings of the 
     Postal Service with respect to the considerations required to 
     be made under paragraph (4).
       ``(B) The Postal Service shall respond to all of the 
     alternative proposals described in paragraph (3) in a 
     consolidated report that includes--
       ``(i) the determination and findings under subparagraph 
     (A); and
       ``(ii) each alternative proposal and a response by the 
     Postal Service.
       ``(C) The Postal Service shall make available to the public 
     a copy of the report prepared under subparagraph (B) at the 
     post office that is the subject of the report.
       ``(6)(A) The Postal Service shall take no action to 
     relocate, close, consolidate, or construct a post office 
     until the applicable date described in subparagraph (B).
       ``(B) The applicable date specified in this subparagraph 
     is--
       ``(i) if no appeal is made under paragraph (7), the end of 
     the 30-day period specified in that paragraph; or
       ``(ii) if an appeal is made under paragraph (7), the date 
     on which a determination is made by the Commission under 
     paragraph 7(A), but not later than 120 days after the date on 
     which the appeal is made.
       ``(7)(A) A determination of the Postal Service to relocate, 
     close, consolidate, or construct any post office may be 
     appealed by any person served by that post office to the 
     Postal Rate Commission during the 30-day period beginning on 
     the date on which the report is made available under 
     paragraph (5). The Commission shall review the determination 
     on the basis of the record before the

[[Page 3876]]

     Postal Service in the making of the determination. The 
     Commission shall make a determination based on that review 
     not later than 120 days after appeal is made under this 
     paragraph.
       ``(B) The Commission shall set aside any determination, 
     findings, and conclusions of the Postal Service that the 
     Commission finds to be--
       ``(i) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with the law;
       ``(ii) without observance of procedure required by law; or
       ``(iii) unsupported by substantial evidence on the record.
       ``(C) The Commission may affirm the determination of the 
     Postal Service that is the subject of an appeal under 
     subparagraph (A) or order that the entire matter that is the 
     subject of that appeal 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.
       ``(D) The provisions of sections 556 and 557, and chapter 7 
     of title 5 shall not apply to any review carried out by the 
     Commission under this paragraph.
       ``(E) A determination made by the Commission shall not be 
     subject to judicial review.
       ``(8) In any case in which a community has in effect 
     procedures to address the relocation, closing, consolidation, 
     or construction of buildings in the community, and the public 
     participation requirements of those procedures are more 
     stringent than those provided in this subsection, the Postal 
     Service shall apply those procedures to the relocation, 
     closing, consolidation, or construction of a post office in 
     that community in lieu of applying the procedures established 
     in this subsection.
       ``(9) In making a determination to relocate, close, 
     consolidate, or construct any post office, the Postal Service 
     shall comply with any applicable zoning, planning, or land 
     use laws (including building codes and other related laws of 
     State or local public entities, including any zoning 
     authority with jurisdiction over the area in which the post 
     office is located).
       ``(10) The relocation, closing, consolidation, or 
     construction of any post office under this subsection shall 
     be conducted in accordance with the National Historic 
     Preservation Act (16 U.S.C. 470h-2).
       ``(11) Nothing in this subsection shall be construed to 
     apply to a temporary customer service facility to be used by 
     the Postal Service for a period of less than 60 days.
       ``(12)(A) For purposes of this paragraph the term 
     `emergency' means any occurrence that forces an immediate 
     relocation from an existing facility, including natural 
     disasters, fire, health and safety factors, and lease 
     terminations.
       ``(B) If the Postmaster General makes a determination that 
     an emergency exists relating to a post office, the Postmaster 
     General may suspend the application of the provisions of this 
     subsection for a period not to exceed 180 days with respect 
     to such post office.
       ``(C) The Postmaster General may exercise the suspension 
     authority under subparagraph (A) once with respect to a 
     single emergency for any specific post office.''.

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