Sec. 202. Plant closings and consolidations
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/bill/114/s/2051/is/section-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the 2-year period beginning on the date of enactment of this Act, the Postal Service may not close or consolidate any postal facility (as defined in section 404(f) of title 39, United States Code, as added by this section). Section 404 of title 39, United States Code, is amended by adding at the end the following: In this subsection, the term postal facility — means any Postal Service facility that is primarily involved in the preparation, dispatch, or other physical processing of mail; and does not include— any post office, station, or branch; or any facility used only for administrative functions.
After the date of enactment of this subsection, before making a determination under subsection (a)(3) as to the necessity for the closing or consolidation of any postal facility, the Postal Service shall— conduct an area mail processing study relating to that postal facility that includes— a plan to reduce the capacity of the postal facility, but not close the postal facility; and consideration of the effect of the closing or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law; publish the study on the Postal Service website; and publish a notice that the study is complete and available to the public, including on the Postal Service website.
In the case of a postal facility described in clause (ii), the Postal Service shall— consider a plan to reduce the capacity of the postal facility without closing the postal facility; consider the effect of the closing or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law; and publish the results of the consideration under subclause
(I)with or as an amendment to the area mail processing study relating to the postal facility. A postal facility described in this clause is a postal facility for which, on or before the date of enactment of this subsection— an area mail processing study that does not include a plan to reduce the capacity of the postal facility without closing the postal facility or consideration of the effect of the closing or consolidation of the postal facility on the ability of individuals served by the postal facility to vote by mail and the ability of the Postal Service to timely deliver ballots by mail in accordance with the deadline to return ballots established under applicable State law has been completed; an area mail processing study is in progress; or a determination as to the necessity for the closing or consolidation of the postal facility has not been made. If the Postal Service makes a determination under subsection (a)(3) to close or consolidate a postal facility, the Postal Service shall— provide notice of the determination to— Congress; and the Postal Regulatory Commission; provide adequate public notice of the intention of the Postal Service to close or consolidate the postal facility; ensure that interested persons have an opportunity to submit public comments during a 45-day period after the notice of intention is provided under subparagraph (B); before the 45-day period described in subparagraph (C), provide for public notice of that opportunity by— publication on the Postal Service website; prominent posting at the affected postal facility; and advertising the date and location of the public community meeting under subparagraph (E); and during the 45-day period described in subparagraph (C), conduct a public community meeting that provides an opportunity for public comments to be submitted verbally or in writing. Not earlier than 30 days after the end of the 45-day period for public comment under paragraph (3), the Postal Service, in making a determination to close or consolidate a postal facility, shall consider— the views presented by interested persons under paragraph (3); the effect of the closing or consolidation on the affected community, including any disproportionate impact the closing or consolidation may have on a State, region, or locality; the effect of the closing or consolidation on the travel times and distances for affected customers to access services under the proposed closing or consolidation; the effect of the closing or consolidation on delivery times for all classes of mail; any characteristics of certain geographical areas, such as remoteness, broadband Internet availability, and weather-related obstacles to using alternative facilities, that may result in the closing or consolidation having a unique effect; the effect of the closing or consolidation on small businesses in the area, including shipping and communications with customers and suppliers and the corresponding impact on revenues, operations, and growth; and any other factor the Postal Service determines is necessary. Before the date on which the Postal Service closes or consolidates a postal facility, the Postal Service shall post on the Postal Service website— notice of the final determination to close or consolidate the postal facility; and a closing or consolidation justification statement that includes— a response to all public comments received with respect to the considerations described under paragraph (4); a description of the considerations made by the Postal Service under paragraph (4); and the actions that will be taken by the Postal Service to mitigate any negative effects identified under paragraph (4). Not earlier than 15 days after the date on which the Postal Service posts notice of the final determination and the justification statement under paragraph
(5)with respect to a postal facility, the Postal Service may close or consolidate the postal facility. If the Postal Service closes or consolidates a postal facility under subparagraph (A), the Postal Service shall make reasonable efforts to ensure continued mail receipt from customers of the closed or consolidated postal facility at the same location or at another appropriate location in close geographic proximity to the closed or consolidated postal facility. A determination of the Postal Service to close or consolidate any postal facility may be appealed by any person served by the postal facility to the Postal Regulatory Commission not later than 15 days after the date on which the determination is posted on the Postal Service website under paragraph (5). The Commission shall review a determination appealed under this paragraph on the basis of the record before the Postal Service in the making of the determination. The Commission shall make a determination based upon a review conducted under subparagraph
(B)not later than 90 days after the date on which the Commission receives the appeal of the determination under subparagraph (A). In making a determination under subparagraph (C), the Commission shall set aside any determination, finding, or conclusion of the Postal Service that the Commission determines— is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; is without observance of the procedures required under this subsection or any other applicable law; or is unsupported by substantial evidence on the record. The Commission— may affirm a determination of the Postal Service appealed under this paragraph or order that the entire matter be returned for further consideration; and may not modify the determination of the Postal Service. The Commission may suspend the effectiveness of a determination of the Postal Service appealed under this paragraph 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. For purposes of subparagraph (A), any appeal received by the Commission shall— 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 the appeal is mailed; or 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). For purposes of any notice required to be published on the Postal Service website under this subsection, the Postal Service shall ensure that the Postal Service website— is updated routinely; and provides any person, at the option of the person, the opportunity to receive relevant updates by electronic mail. Nothing in this subsection may be construed to require the Postal Service to disclose— any proprietary data, including any reference or citation to proprietary data; or any information relating to the security of a postal facility. .