I 

112TH CONGRESS 

1ST SESSION H. R. 2692 

To amend title 39, United States Code, to modify the procedures governing 

the closure or consolidation of postal facilities. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2011 

Mr. SIRES 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 modify the procedures governing the closure or consolidation of postal 

facilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Access to Postal Serv5 ices Act’’. 

6 SEC. 2. MODIFIED PROCEDURES. 

7 (a) IN GENERAL.—Section 404(d) of title 39, United 

8 States Code, is amended by striking the matter before 

9 paragraph (5) and inserting the following: 


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1 ‘‘(d)(1) Before making any determination under sub2 section (a)(3) to close or consolidate a postal facility, the 

3 Postal Service shall conduct an investigation to assess the 

4 need for the proposed closure or consolidation and shall 

5 provide appropriate notice to the persons served by such 

6 postal facility to ensure that such persons will have an 

7 opportunity to present their views. Such notice shall be 

8 made to each person by mail, as well as by publication 

9 in newspapers of general circulation in the area within 

10 which such persons reside. 

11 ‘‘(2) In deciding whether or not to close or consoli12 date a postal facility, the Postal Service— 

13 ‘‘(A) shall consider— 

14 ‘‘(i) the effect such closing or consolidation 

15 would have on the community served by such 

16 postal facility; 

17 ‘‘(ii) the effect such closing or consolida18 tion would have on employees of the Postal 

19 Service employed at such postal facility; and 

20 ‘‘(iii) whether such closing or consolidation 

21 would be consistent with the policy of the Gov22 ernment, as stated in section 101(b), that the 

23 Postal Service shall provide a maximum degree 

24 of effective and regular postal services to rural 


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1 areas, communities, and small towns where post 

2 offices are not self-sustaining; and 

3 ‘‘(B) may not consider compliance with any 

4 provision of the Occupational Safety and Health Act 

5 of 1970. 

6 ‘‘(3)(A) A decision to proceed with the proposal to 

7 close or consolidate, following an investigation under para8 graph (1), shall be made in writing and shall include the 

9 findings of the Postal Service with respect to each of the 

10 considerations specified in paragraph (2)(A). 

11 ‘‘(B) Notice of the decision and findings under sub12 paragraph (A) shall be posted prominently in each postal 

13 facility that would be affected, and notice of the posting 

14 shall be sent by mail to all persons served by such postal 

15 facility, at least 90 days before a final determination is 

16 made, to ensure that such persons will have an oppor17 tunity to submit comments. 

18 ‘‘(C) Any posting under subparagraph (B) shall in19 clude— 

20 ‘‘(i) a statement as follows: ‘This is notice of a 

21 proposal to lllll this postal facility. A final 

22 determination will not be made before the end of the 

23 90-day period beginning on the date on which this 

24 notice is first posted.’, with the blank space being 

25 filled in with ‘close’ or ‘consolidate’ (whichever is apVerDate Mar 15 2010 21:37 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2692.IH H2692

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1 propriate), and with instructions for how any inter2 ested person may submit comments; 

3 ‘‘(ii) a brief summary of the findings of the 

4 Postal Service with respect to the factors for consid5 eration specified in paragraph (2)(A); and 

6 ‘‘(iii) the amount of cost savings the Postal 

7 Service estimates it will realize from the closing or 

8 consolidation, in the first year following the date of 

9 such closing or consolidation, together with an expla10 nation of the assumptions and methodologies used in 

11 making those estimates. 

12 ‘‘(4) A final determination to close or consolidate a 

13 postal facility shall be made, in writing, after taking into 

14 consideration any comments received in the course of the 

15 90-day period referred to in paragraph (3). The Postal 

16 Service shall take no action to close or consolidate a postal 

17 facility before the end of the 60-day period beginning on 

18 the date as of which the Postal Service— 

19 ‘‘(A) posts a copy of its final determination in 

20 a prominent location in each affected postal facility; 

21 and 

22 ‘‘(B) sends to all persons served by such postal 

23 facility— 

24 ‘‘(i) a notice of such determination; and 


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1 ‘‘(ii) notice of any appeal rights available 

2 with respect to such determination.’’. 

3 (b) SUSPENSION PENDING APPEAL.—Section 

4 404(d)(5) of title 39, United States Code, is amended in 

5 the next to last sentence by striking ‘‘may suspend’’ and 

6 inserting ‘‘shall suspend’’. 

7 (c) EXCEPTION.—Section 404(d) of title 39, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(7)(A) The preceding provisions of this subsection 

11 shall not apply in the case of a closing or consolidation 

12 which occurs by reason of an emergency suspension, as 

13 defined under regulations of the Postal Service, subject 

14 to subparagraph (B). 

15 ‘‘(B) For purposes of this paragraph, the term ‘emer16 gency suspension’ shall not, in the case of a leased facility, 

17 include the termination or cancellation of the lease by a 

18 party other than the Postal Service.’’. 

19 SEC. 3. ACTUAL COST SAVINGS. 

20 (a) IN GENERAL.—Not later than 2 years after the 

21 date of the closing or consolidation of any postal facility 

22 occurring after the date of the enactment of this Act, the 

23 Inspector General of the United States Postal Service 

24 shall determine, and submit to the Postmaster General 

25 and each House of Congress its findings with respect to, 


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1 the amount of the cost savings realized by the United 

2 States Postal Service from the closing or consolidation in 

3 the first year following such closing or consolidation. 

4 (b) INFORMATION TO BE INCLUDED.—A submission 

5 under this section shall include— 

6 (1) the amount of the cost savings determined 

7 by the Inspector General with respect to the closing 

8 or consolidation involved, together with an expla9 nation of the assumptions and methodologies used; 

10 (2) a comparison of the cost savings determined 

11 by the Inspector General versus the estimates pro12 vided by the Postal Service under section 

13 404(d)(3)(C)(iii) of title 39, United States Code (as 

14 amended by section 2(a)); and 

15 (3) an explanation of the reasons for any dif16 ferences between the Inspector General’s determina17 tion and the Postal Service’s estimates, together 

18 with recommendations for any legislation or admin19 istrative action which the Inspector General con20 siders appropriate to provide for more accurate esti21 mates. 

22 SEC. 4. DEFINITIONS. 

23 Section 404 of title 39, United States Code, is 

24 amended by adding at the end the following: 

25 ‘‘(f) For purposes of subsection (d)— 


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1 ‘‘(1) the term ‘postal facility’ includes an office, 

2 branch, station, or other facility which— 

3 ‘‘(A) is operated by the Postal Service; and 

4 ‘‘(B) provides services to persons described 

5 in paragraph (2); and 

6 ‘‘(2) any reference to the persons served by a 

7 postal facility shall include any postal patrons receiv8 ing mail delivery service from such postal facility, 

9 residents within any ZIP code served by such postal 

10 facility, postal patrons having post office boxes at 

11 such postal facility, and the relevant local govern12 ment officials (as defined under regulations of the 

13 Postal Service).’’. 

Æ 


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