To modify the process for closing or consolidating post offices and postal facilities.

SA 2056. Mr. TESTER (for himself, Mr. Franken, Mr. Levin, Mr. Pryor,
Mr. Wyden, Ms. Stabenow, Mr. Begich, Mrs. Shaheen, and Ms. Mikulski)
submitted an amendment intended to be proposed by him to the bill S.
1789, to improve, sustain, and transform the United States Postal
Service; which was ordered to lie on the table; as follows:

Strike section 205(a) and insert the following:
(a) Closing Post Offices.--Section 404(d) of title 39,
United States Code, is amended to read as follows:

[[Page S2512]]

``(d)(1) The Postal Service, prior to making a
determination under subsection (a)(3) of this section as to
the necessity for the closing or consolidation of any post
office, shall--
``(A) consider whether--
``(i) to close the post office or consolidate the post
office and another post office located within a reasonable
distance;
``(ii) instead of closing or consolidating the post
office--
``(I) to reduce the number of hours a day that the post
office operates; or
``(II) to continue operating the post office for the same
number of hours a day;
``(iii) to procure a contract providing full, or less than
full, retail services in the community served by the post
office; or
``(iv) to provide postal services to the community served
by the post office through a rural carrier;
``(B) provide postal customers served by the post office an
opportunity to participate in a nonbinding survey conducted
by mail on a preference for an option described in
subparagraph (A); and
``(C) if the Postal Service determines to close or
consolidate the post office, provide adequate notice of its
intention to close or consolidate such post office at least
60 days prior to the proposed date of such closing or
consolidation to persons served by such post office to ensure
that such persons will have an opportunity to present their
views.
``(2) The Postal Service, in making a determination whether
or not to close or consolidate a post office--
``(A) shall consider--
``(i) the effect of such closing or consolidation on the
community served by such post office;
``(ii) the effect of such closing or consolidation on
employees of the Postal Service employed at such office;
``(iii) whether such closing or consolidation is consistent
with--
``(I) the policy of the Government, as stated in section
101(b) of this title, that the 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
``(II) the retail service standards established under
section 203 of the 21st Century Postal Service Act of 2012;
``(iv) the extent to which the community served by the post
office lacks access to Internet, broadband and cellular phone
service;
``(v) whether substantial economic savings to the Postal
Service would result from such closing or consolidation; and
``(vi) such other factors as the Postal Service determines
are necessary; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.).
``(3) Any determination of the Postal Service to 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 (2) of
this subsection. Such determination and findings shall be
made available to persons served by such post office.
``(4) The Postal Service shall take no action to close or
consolidate a post office until 60 days after its written
determination is made available to persons served by such
post office.
``(5) A determination of the Postal Service to close or
consolidate any post office, station, branch, or facility may
be appealed by any person served by such office, station,
branch, or facility to the Postal Regulatory Commission
within 30 days after such determination is made available to
such person. The Commission shall review such determination
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 determination, findings, and
conclusions found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(B) without observance of procedure required by law;
``(C) inconsistent with the delivery service standards
required to be maintained under section 201 of the 21st
Century Postal Service Act of 2012 or not in conformance with
the retail service standards established under section 203 of
the 21st Century Postal Service Act of 2012; or
``(D) unsupported by substantial evidence on the record,
including that substantial economic savings are likely to be
achieved as a result of the closing or consolidation.

The Commission may affirm or reverse 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 determination of
the Postal Service shall be suspended 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.
``(6) For purposes of paragraph (5), any appeal received by
the Commission shall--
``(A) 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 such
appeal is mailed; or
``(B) 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).
``(7) Nothing in this subsection shall be construed to
limit the right under section 3662--
``(A) of an interested person to lodge a complaint with the
Postal Regulatory Commission under section 3662 concerning
nonconformance with service standards, including the retail
service standards established under section 203 of the 21st
Century Postal Service Act of 2012; or
``(B) of the Postal Regulatory Commission, if the
Commission finds a complaint lodged by an interested person
to be justified, to order the Postal Service to take
appropriate action to achieve compliance with applicable
requirements, including the retail service standards
established under section 203 of the 21st Century Postal
Service Act of 2012, or to remedy the effects of any
noncompliance.''.
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