[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4335 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4335
To amend title 39, United States Code, to allow the Postal Regulatory
Commission to set aside determinations by the United States Postal
Service to close or consolidate postal facilities that would deny
essential postal services to rural areas, communities, or small towns,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2012
Mr. Rahall 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 allow the Postal Regulatory
Commission to set aside determinations by the United States Postal
Service to close or consolidate postal facilities that would deny
essential postal services to rural areas, communities, or small towns,
and for other purposes.
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 ``Postal Service Accountability Act of
2012''.
SEC. 2. 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.''.
SEC. 3. 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.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
closings and consolidations taking effect on or after the date of the
enactment of this Act.
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