S.Amdt. 2004

1. Adds SEC. __. COMMUNITY IMPACT STUDY wherever appropriate

   Adds a section

   Inserted: SEC. __. COMMUNITY IMPACT STUDY.

   Inserted: Subsection (f) of section 404 of title 39, United States Code, as added by section 201 of this Act, is amended--

   Inserted: (1) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively;

   Inserted: (2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;

   Inserted: (3) by inserting after paragraph (1) the following:

   Inserted: "(2) Community impact study.--

   Inserted: "(A) Study by independent organization.--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 contract with an independent organization to conduct a study of, and submit to the Postal Service a report on, the impact of the closing or consolidation on the community served by the postal facility.

   Inserted: "(B) Matters to be studied.--A community impact study described in subparagraph (A) shall evaluate the potential impact of the closing or consolidation of a postal facility on--

   Inserted: "(i) small business concerns in the community in which the postal facility is located;

   Inserted: "(ii) jobs and employment in the community in which the postal facility is located;

   Inserted: "(iii) the unemployment rate in the community in which the postal facility is located; and

   Inserted: "(iv) State and local government tax revenues.

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   Inserted: "(C) Postal service response.--The Postal Service shall include in the justification statement required under paragraph (6) for a postal facility a response to the report submitted under subparagraph (A) for the postal facility that describes the effect of the report on the determination to close or consolidate the postal facility.

   Inserted: "(D) Applicability.--The requirements under subparagraphs (A) through (C) shall apply to the determination to close or consolidate any postal facility, including a postal facility described in paragraph (3)(B)(ii).";

   Inserted: (4) in paragraph (5), as so redesignated, by striking "paragraph (3)" each place that term appears and inserting "paragraph (4)";

   Inserted: (5) in paragraph (6), as so redesignated, by striking "paragraph (4)" each place that term appears and inserting "paragraph (5)"; and

   Inserted: (6) by inserting after paragraph (7), as so redesignated, the following:

   Inserted: "(8) Appeal to postal regulatory commission.--

   Inserted: "(A) In general.--A determination of the Postal Service to close or consolidate a postal facility may be appealed by any person served by the postal facility to the Postal Regulatory Commission.

   Inserted: "(B) Review by commission.--

   Inserted: "(i) Review of record.--The Postal Regulatory Commission shall review a determination of the Postal Service under subparagraph (A) on the basis of the record that was before the Postal Service when the Postal Service made the determination.

   Inserted: "(ii) Standard of review.--The Postal Regulatory Commission shall set aside any determination, findings, and conclusions of the Postal Service that the Commission finds to be--

   Inserted: "(I) inconsistent with the findings of the report submitted under paragraph (2)(A);

   Inserted: "(II) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;

   Inserted: "(III) without observance of procedure required by law; or

   Inserted: "(IV) unsupported by substantial evidence on the record.

   Inserted: "(iii) Applicability of other laws.--The provisions of section 556, section 557, and chapter 7 of title 5 shall not apply to any review carried out by the Postal Regulatory Commission under this paragraph.

   Inserted: "(C) Limitation on actions by postal regulatory commission.--The Postal Regulatory 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.

   Inserted: "(D) Suspension.--The Postal Regulatory Commission may suspend the effectiveness of the determination of the Postal Service until the final disposition of the appeal.

   Inserted: "(E) Deadlines.--

   Inserted: "(i) Submittal of appeal.--A person may submit an appeal under subparagraph (A) with respect to a postal facility not later than 15 days after the date on which the Postal Service posts the justification statement under paragraph (6) with respect to the postal facility.

   Inserted: "(ii) Determination of postal regulatory commission.--The Postal Regulatory Commission shall make a determination with respect to an appeal under subparagraph (A) not later than 120 days after the date on which the Commission receives the appeal.

   Inserted: "(iii) Date submitted and received.--For purposes of clauses (i) and (ii), any appeal received by the Postal Regulatory Commission shall--

   Inserted: "(I) if sent to the Commission through the mails, be considered to have been submitted and received on the date of the Postal Service postmark on the envelope or other cover in which such appeal is mailed; or

   Inserted: "(II) if otherwise lawfully delivered to the Commission, be considered to have been submitted and received on the date determined based on any appropriate documentation or other indicia (as determined under regulations of the Commission).".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed