I
105TH CONGRESS
1ST SESSION
H. R. 1231
To amend title 39, United States Code, to establish guidelines for renovation,
relocation, closing, or consolidation of post offices, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 8, 1997
Mr. BLUMENAUER (for himself, Mr. FROST, and Mr. FOGLIETTA) introduced
the following bill; which was referred to the Committee on Government
Reform and Oversight
A BILL
To amend title 39, United States Code, to establish guide-
lines for renovation, relocation, closing, or consolidation
of post offices, and for other purposes.
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 ‘‘Post Office Relocation
Act of 1997’’.
SEC. 2. GUIDELINES FOR RENOVATION, RELOCATION,
CLOSING, OR CONSOLIDATION OF POST OF-
FICES.
Section 404(b) of title 39, United States Code, is
amended to read as follows—
‘‘(b)(1) The Postal Service, prior to making a deter-
mination under subsection (a)(3) of this section as to the
necessity for the renovation, relocation, closing, or consoli-
dation of any post office, shall provide adequate notice of
its intention to renovate, relocate, close, or consolidate
such post office at least 60 days prior to the proposed
date of such renovation, relocation, closing, or consolida-
tion to persons served by such post office.
‘‘(2) Such notification shall be made in writing and
shall be hand delivered or delivered by mail to persons
served by such post office, and shall be published in one
or more newspapers of general circulation within the zip
codes served by such post office. Such notification shall
include—
‘‘(A) an identification of the renovation, reloca-
tion, closing, or consolidation;
‘‘(B) a summary of the reasons for the renova-
tion, relocation, closing, or consolidation; and
‘‘(C) the proposed date for the renovation, relo-
cation, renovation, closing, or consolidation.
‘‘(3) Any person served by the post office may offer
an alternative renovation, relocation, consolidation, or
closing proposal within the 60 day notice period. The Post-
al Service shall deliver a response in writing by hand deliv-
ery or certified mail to the person making the proposal.
In a case in which the Postal Service rejects a bona fide
proposal, the Postal Service shall state in writing the rea-
sons for the rejection.
‘‘(4) At the end of the 60 day notice period, the Post-
al Service shall make a determination under subsection
(a)(3). Prior to making a final determination, the Postal
Service shall conduct a hearing, and persons served by the
post office may present oral or written testimony with re-
spect to the renovation, relocation, closing, or consolida-
tion of such post office. The Postal Service, in making a
determination as to whether or not to renovate, relocate,
close, or consolidate a post office shall consider—
‘‘(A) the extent to which such post office is part
of a core downtown business area;
‘‘(B) the effect of such renovation, relocation,
closing, or consolidation on the community served by
such post office;
‘‘(C) whether the community served by such
post office opposes a renovation, relocation, closing,
or consolidation;
‘‘(D) the effect of such renovation, relocation,
closing, or consolidation on employees of the Postal
Service employed at such office;
‘‘(E) whether such renovation, relocation, clos-
ing, or consolidation is consistent with the policy of
the Government, as stated in section 101(b) of this
title, that the Postal Service shall provide a maxi-
mum degree of effective and regular postal services
to rural areas, communities, and small towns where
post offices are not self sustaining;
‘‘(F) the quantified long-term economic saving
to the Postal Service resulting from such renovation,
relocation, closing, or consolidation;
‘‘(G) whether postal officials engaged in nego-
tiations with persons served by the post office con-
cerning the proposed renovation, relocation, closing,
or consolidation;
‘‘(H) whether management of the post office
contributed to a desire to relocate;
‘‘(I) the adequacy of the existing post office,
and whether all reasonable alternatives have been
explored; and
‘‘(J) such other factors as the Postal Service
determines are necessary.
‘‘(5) Any determination of the Postal Service to ren-
ovate, relocate, close, or consolidate a post office shall be
in writing and shall include the findings of the Postal
Service with respect to the considerations required to be
made under paragraph (4) of this subsection. Such deter-
mination and findings shall be made available to persons
served by such post office.
‘‘(6) The Postal Service shall take no action to ren-
ovate, relocate, close, or consolidate a post office until 60
days after its written determination is made available to
persons served by such post office.
‘‘(7) A determination of the Postal Service to ren-
ovate, relocate, close, or consolidate any post office may
be appealed by any person served by such post office to
the Postal Rate Commission within 30 days after such de-
termination is made available to such person under para-
graph (5). The Commission shall review such determina-
tion 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 determina-
tion, findings, and conclusions found to be—
‘‘(A) arbitrary, capricious, an abuse of discre-
tion, 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.
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 Com-
mission may suspend the effectiveness of the determina-
tion 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.
‘‘(8) In a case in which a community has procedures
to address the renovation, relocation, closing, or consolida-
tion of buildings in the community, and the public partici-
pation requirements of such procedures are more stringent
than those provided in this subsection, the Postal Service
shall follow such procedures and disregard the procedures
established in this subsection.
‘‘(9) The Postal Service, in making a determination
to renovate, relocate, close, or consolidate any post office,
shall comply with any zoning, planning, or land use regu-
lations, or building codes applicable to State or local public
entities, including the zoning authority, of the local juris-
diction.’’.
SEC. 3. POLICY STATEMENT.
Section 101(g) of title 39, United States Code, is
amended by adding at the end the following: ‘‘The Postal
Service shall also consider the effect a new postal facility
may have on the community served by the prior facility.’’.
Æ