Sec. 201. Modified procedures
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Section 404(d) of title 39, United States Code, is amended by striking (d)(1) and all that follows through paragraph
(4)and inserting the following: Before making a 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 ensure that each person served by the postal facility has an opportunity to present views by providing appropriate notice— to each person by mail; and by publication in a newspaper of general circulation in the area in which each person resides. In conducting an investigation under paragraph (1)(A) and determining whether to close or consolidate a postal facility under subsection (a)(3), the Postal Service— shall consider— the effect the closing or consolidation would have on the community served by the postal facility; the effect the closing or consolidation would have on employees of the Postal Service employed at the postal facility; and whether the closing or consolidation would be consistent with the policy of the Government under 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 postal facilities are not self-sustaining; and may not consider compliance with any provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). Upon completion of an investigation under paragraph (1), the Postal Service shall make a decision, in writing, whether to proceed with the proposal to close or consolidate a postal facility, which shall include the findings of the Postal Service with respect to each factor specified in paragraph (2)(A). Not later than 90 days before the Postal Service makes a final determination under this subsection, the Postal Service shall— post notice of the decision and findings under subparagraph
(A)in a prominent place in each postal facility that would be affected by the closing or consolidation; and send notice of each posting under clause
(i)by mail to each person served by the postal facility in which the notice is posted. Notice under subparagraph
(B)shall include— 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; a brief summary of the findings of the Postal Service with respect to the factors specified in paragraph (2)(A); and the amount of cost savings the Postal Service estimates the Postal Service will realize from the closing or consolidation, in the first year following the date of the closing or consolidation, together with an explanation of the assumptions and methodologies used in making the estimate. The Postal Service shall make a final determination to close or consolidate a postal facility in writing after taking into consideration any comments received during the 90-day period described under paragraph (3). The Postal Service shall take no action to close or consolidate a postal facility before the date that is 60 days after the date on which the Postal Service— posts a copy of the final determination in a prominent location in each affected postal facility; and sends to each person served by the postal facility— a notice of the determination; and notice of any appeal rights available with respect to the determination. . Section 404(d)(5) of title 39, United States Code, is amended— by striking post office and inserting postal facility ; and by striking The Commission shall set aside and all that follows through final disposition of the appeal. and inserting the following: The Commission shall review de novo the determination of the Postal Service. In conducting a review de novo, the Commission shall consider the factors described in paragraph (2)(A). If the Commission finds fault with a determination of the Postal Service, the Commission shall suspend the effectiveness of the determination of the Postal Service. . Section 404(d) of title 39, United States Code, is amended by adding at the end the following: Paragraphs
(1)through
(6)shall not apply in the case of a closing or consolidation which occurs by reason of an emergency suspension, as described in section 241.3 of title 39, Code of Federal Regulations, or any successor thereto. For purposes of this paragraph, the term emergency suspension does not, in the case of a leased facility, include the termination or cancellation of the lease by a party other than the Postal Service. Not later than 2 years after the date of the closing or consolidation of any postal facility occurring after the date of enactment of this paragraph, the Inspector General shall determine the amount of the cost savings realized by the Postal Service from the closing or consolidation for the first year following the closing or consolidation. The Inspector General shall submit to the Postmaster General and to Congress— a report for each postal facility for which the Inspector made a determination of cost savings under subparagraph
(A)during the preceding year that includes— the amount of the cost savings determined to be realized with respect to each closing or consolidation of a postal facility, together with an explanation of the assumptions and methodologies used in making the determination; a comparison of— the cost savings determined by the Inspector General; and the estimates provided by the Postal Service under paragraph (3)(C)(iii); and an explanation of the reasons for any differences between the determination of the Inspector General and the estimates of the Postal Service, together with recommendations for any legislation or administrative action that the Inspector General considers appropriate to provide for more accurate estimates; and an annual report with respect to all the postal facilities for which the Inspector made a determination of cost savings under subparagraph
(A)that includes the information required under clause (i). .
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Sec. 201
Modified procedures
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