I 
111TH CONGRESS 
1ST SESSION 
H. R. 658 
To amend title 39, United States Code, to modify the procedures governing 
the closure or consolidation of postal facilities. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2009 
Mr. SIRES (for himself, Mr. ROTHMAN of New Jersey, Mr. PAYNE, Mr. ORTIZ, 
Mr. CARDOZA, Mr. MURPHY of Connecticut, Ms. DELAURO, Mr. STUPAK, 
Ms. WOOLSEY, Mr. SHERMAN, Mr. PASTOR of Arizona, Ms. LEE of Cali-
fornia, Mr. COURTNEY, Mr. WU, Mr. SPACE, Mr. ACKERMAN, Mr. 
GRIJALVA, Mr. DEFAZIO, Mr. CONNOLLY of Virginia, Mr. PATRICK J. 
MURPHY of Pennsylvania, and Mr. MCGOVERN) 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 proce-
dures governing the closure or consolidation of postal 
facilities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Postal Serv-
ices Act’’. 
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SEC. 2. MODIFIED PROCEDURES. 
(a) IN GENERAL.—Section 404(d) of title 39, United 
States Code, is amended by striking the matter before 
paragraph (5) and inserting the following: 
‘‘(d)(1) Before making any determination under sub-
section (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 shall 
provide appropriate notice to the persons served by such 
postal facility to ensure that such persons will have an 
opportunity to present their views. Such notice shall be 
made to each person by mail, as well as by publication 
in newspapers of general circulation in the area within 
which such persons reside. 
‘‘(2) In deciding whether or not to close or consoli-
date a postal facility, the Postal Service— 
‘‘(A) shall consider— 
‘‘(i) the effect such closing or consolidation 
would have on the community served by such 
postal facility; 
‘‘(ii) the effect such closing or consolida-
tion would have on employees of the Postal 
Service employed at such postal facility; and 
‘‘(iii) whether such closing or consolidation 
would be consistent with the policy of the Gov-
ernment, as stated in section 101(b), that the 
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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; and 
‘‘(B) may not consider compliance with any 
provision of the Occupational Safety and Health Act 
of 1970. 
‘‘(3)(A) A decision to proceed with the proposal to 
close or consolidate, following an investigation under para-
graph (1), shall be made in writing and shall include the 
findings of the Postal Service with respect to each of the 
considerations specified in paragraph (2)(A). 
‘‘(B) Notice of the decision and findings under sub-
paragraph (A) shall be posted prominently in each postal 
facility that would be affected, and notice of the posting 
shall be sent by mail to all persons served by such postal 
facility, at least 90 days before a final determination is 
made, to ensure that such persons will have an oppor-
tunity to submit comments. 
‘‘(C) Any posting under subparagraph (B) shall in-
clude the following: ‘This is notice of a proposal to 
lllll 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’ 
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(whichever is appropriate), and with instructions for how 
any interested person may submit comments. 
‘‘(4) A final determination to close or consolidate a 
postal facility shall be made, in writing, after taking into 
consideration any comments received in the course of the 
90-day period referred to in paragraph (3). The Postal 
Service shall take no action to close or consolidate a postal 
facility before the end of the 60-day period beginning on 
the date as of which the Postal Service— 
‘‘(A) posts a copy of its final determination in 
a prominent location in each affected postal facility; 
and 
‘‘(B) sends to all persons served by such postal 
facility— 
‘‘(i) a notice of such determination; and 
‘‘(ii) notice of any appeal rights available 
with respect to such determination.’’. 
(b) 
SUSPENSION
PENDING
APPEAL.—Section 
404(d)(5) of title 39, United States Code, is amended in 
the next to last sentence by striking ‘‘may suspend’’ and 
inserting ‘‘shall suspend’’. 
(c) EXCEPTION.—Section 404(d) of title 39, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘(7) The preceding provisions of this subsection shall 
not apply in the case of a closing or consolidation which 
occurs— 
‘‘(A) by reason of an emergency suspension, as 
defined under regulations of the Postal Service; or 
‘‘(B) in the case of a leased facility, by reason 
of the termination or cancellation of the lease by a 
party other than the Postal Service.’’. 
SEC. 3. DEFINITIONS. 
Section 404 of title 39, United States Code, is 
amended by adding at the end the following: 
‘‘(f) For purposes of subsection (d)— 
‘‘(1) the term ‘postal facility’ includes an office, 
branch, station, or other facility which— 
‘‘(A) is operated by the Postal Service; and 
‘‘(B) provides services to persons described 
in paragraph (2); and 
‘‘(2) any reference to the persons served by a 
postal facility shall include any postal patrons receiv-
ing mail delivery service from such postal facility, 
residents within any ZIP code served by such postal 
facility, postal patrons having post office boxes at 
such postal facility, and the relevant local govern-
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ment officials (as defined under regulations of the 
Postal Service).’’. 
Æ 
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