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Title II — Postal Service operations

S. 1486 · 113th Congress · Aug 1, 2013 · Lineage

II Postal Service operations

Sec. 201 Maintenance of delivery service standards

During the 2-year period beginning on the date of enactment of this Act, the Postal Service shall maintain the service standards for first-class mail and periodicals under part 121 of title 39, Code of Federal Regulations, as in effect on the date of enactment of this Act.

Sec. 202 Preserving mail processing capacity

(a)
Definition of postal facility— In this section, the term postal facility means a processing and distribution center, processing and distribution facility, network distribution center, or other facility that is operated by the Postal Service, the primary function of which is to sort and process mail.
(b)
Moratorium on closures of postal facilities— During the 2-year period beginning on the date of enactment of this Act, the Postal Service may not close or consolidate any postal facility that is open as of the date of enactment of this Act.

Sec. 203 Preserving community post offices

Section 404(d) of title 39, United States Code, is amended—
(1)
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(2)
by striking paragraphs (1) through (4) and inserting the following:

“(d)

“(1) In this subsection, the term post office means a post office, post office branch, post office classified station, or other facility that is operated by the Postal Service, the primary function of which is to provide retail postal services.

“(2) The Postal Service, prior to making a determination under subsection (a)(3) of this section as to the necessity for the discontinuance of any post office, shall, to the extent practicable and appropriate—

“(A) consider whether—

“(i) to discontinue the post office and another post office located within a reasonable distance;

“(ii) instead of discontinuing 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—

“(I) through a letter carrier; or

“(II) by co-locating postal services at a commercial or government entity;

“(B) provide postal customers served by the post office an opportunity to present their views, which may be by nonbinding survey conducted by mail; and

“(C) if the Postal Service determines to discontinue the post office, provide adequate public notice of its intention to discontinue such post office at least 60 days prior to the proposed date of such discontinuance to persons served by such post office.

“(3) The Postal Service, in making a determination whether or not to discontinue a post office—

“(A) shall consider, to the extent practicable and appropriate—

“(i) the effect of the discontinuance on the community served by such post office;

“(ii) the effect of the discontinuance on businesses, including small businesses, in the area;

“(iii) the effect of such discontinuance on employees of the Postal Service employed at such office;

“(iv) whether such discontinuance is consistent with 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;

“(v) the extent to which the community served by the post office lacks access to Internet phone service;

“(vi) the extent to which postal customers served by the post office would continue after the discontinuance to receive substantially similar access to essential items and time-sensitive communications;

“(vii) the proximity and accessibility of other post offices;

“(viii) whether substantial economic savings to the Postal Service would result from such discontinuance; and

“(ix) 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.).

“(4) Any determination of the Postal Service to discontinue a post office shall be in writing and shall include the findings of the Postal Service, to the extent practicable and appropriate, with respect to the considerations required to be made under paragraph (3) of this subsection. Such determination and findings shall be made available to persons served by such post office by public notice.

“(5)

“(A) The Postal Service shall take no action to discontinue a post office until 60 days after its written determination is made available to persons served by such post office.

“(B) The Postal Service shall take no action to discontinue a post office until 60 days after the Postal Service provides written notice of the determination under paragraph (4) to the State board of elections for the State in which the post office is located.”

(3)
in paragraph (6), as redesignated by this section—
(A)
by striking “close or consolidate” and inserting “discontinue”; and
(B)
by striking “paragraph (3)” and inserting “paragraph (4)”; and
(4)
in paragraph (7), as redesignated by this section, by striking “paragraph (5)” and inserting “paragraph (6)”.

Sec. 204 Changes to mail delivery schedule

(a)
Limitation on change in schedule— The Postal Service may establish a general, nationwide delivery schedule of 5 or fewer days per week to street addresses under the authority of the Postal Service under title 39, United States Code, if—
(1)
the Postal Service determines that such a delivery schedule would contribute to the achievement of long-term solvency; and
(2)
not less than 1 year has elapsed since the date of enactment of this Act.
(b)
Implementation—
(1)
In general— If the Postal Service intends to establish a change in delivery schedule under subsection (a), the Postal Service, to the extent practicable and appropriate, shall—
(A)
identify customers and communities for which the change may have a disproportionate, negative impact, including small business customers and the customers identified as “particularly affected” in the Advisory Opinion on Elimination of Saturday Delivery issued by the Commission on March 24, 2011;
(B)
develop measures to ameliorate any disproportionately negative impact the change would have on customers and communities identified under paragraph (1); and
(C)
not later than 3 months before the effective date for any proposed change, submit a report that includes the determination required under subsection (a)(1) and details any measures developed pursuant to subparagraph (B) of this paragraph to—
(i)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(ii)
the Committee on Oversight and Government Reform of the House of Representatives; and
(iii)
the Commission.
(2)
Rule of construction— Nothing in this subsection shall be construed to affect the authority of the Postal Service to establish a nationwide delivery schedule of 5 or fewer days per week if the conditions in subsection (a) are satisfied.
(c)
GAO report— Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report evaluating the extent to which a change in delivery schedule would improve the financial condition of the Postal Service and assist in the efforts of the Postal Service to achieve long-term solvency, taking into consideration other ongoing and planned efforts to increase revenue and reduce costs, consistent with the requirements of this Act.
(d)
Rules of construction— Nothing in this section shall be construed to—
(1)
require the decrease or increase in delivery frequency for any route for which the Postal Service provided delivery on fewer than 6 days per week as of the date of enactment of this Act;
(2)
authorize any change in—
(A)
the days and times that postal retail service or any mail acceptance is available at postal retail facilities or processing facilities; or
(B)
the locations at which postal retail service or mail acceptance occurs at postal retail facilities or processing facilities;
(3)
require any change in the frequency of delivery to a post office box;
(4)
prohibit the collection or delivery of a competitive mail product on a weekend, a recognized Federal holiday, or any other specific day of the week; or
(5)
prohibit the Postal Service from exercising its authority to make changes to processing or retail networks.
(e)
Packages— Notwithstanding any other provision of this section, for a period of not less than 2 years, beginning on the date of enactment of this Act, the Postal Service shall provide package service—
(1)
6 days per week to each street address that was eligible to receive package service 6 days per week as of January 1, 2013; and
(2)
7 days per week to each street address for which the Postal Service determines that such service provides an economic benefit to the Postal Service.
(f)
Mailbox access— If the Postal Service establishes a general, nationwide delivery schedule of 5 or fewer days per week consistent with the provisions of this section, the Postal Service shall amend the Mailing Standards of the United States, Domestic Mail Manual to ensure that the provisions of section 508.3.2.10 of such manual, as in effect on January 1, 2013, shall apply on any day on which the Postal Service does not deliver the mail under the established delivery schedule.

Sec. 205 Delivery point modernization

(a)
In general— Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following:

“3692. Delivery point modernization

“(a) Definitions—In this section, the following definitions shall apply:

“(1) Centralized delivery—The term centralized delivery means a primary mode of mail delivery whereby mail is delivered to a group or cluster of mail receptacles at a single location.

“(2) Curbside delivery—The term curbside delivery means a primary mode of mail delivery whereby mail is delivered to a mail receptacle that is situated at the edge of a public sidewalk abutting a road or curb, at a road, or at a curb.

“(3) Delivery point—The term delivery point means a mailbox or other receptacle to which mail is delivered.

“(4) District office—The term district office means the central office of an administrative field unit with responsibility for postal operations in a designated geographic area (as defined under regulations, directives, or other guidance of the Postal Service).

“(5) Door delivery—The term door delivery—

“(A) means a primary mode of mail delivery whereby mail is—

“(i) delivered to a mail receptacle at or near a postal customer’s door; or

“(ii) hand-delivered to a postal customer; and

“(B) does not include curbside or centralized delivery.

“(6) Primary mode of mail delivery—The term primary mode of mail delivery means the typical method by which the Postal Service delivers mail to the delivery point of a postal customer.

“(b) Policy—Except as otherwise provided in this section, including paragraphs (4) and (5) of subsection (c), it shall be the policy of the Postal Service to use the primary mode of mail delivery that is most cost-effective and is in the best long-term interest of the Postal Service.

“(c) Conversion to other delivery modes

“(1) New addresses—Except as provided in paragraphs (4) and (5), the Postal Service shall provide centralized delivery to new addresses established after the date of enactment of the Postal Reform Act of 2013, or if centralized delivery is not practicable shall provide curbside delivery.

“(2) Business address conversion—The Postal Service shall carry out a program to convert business addresses with door delivery on the date of enactment of the Postal Reform Act of 2013 to centralized delivery or to curbside delivery.

“(3) Residential address conversion

“(A) Identification—Not later than 9 months after the date of enactment of the Postal Reform Act of 2013, the head of each district office of the Postal Service shall identify residential addresses within the district office’s service area that are appropriate candidates for conversion from door delivery to another primary mode of delivery, in accordance with standards established by the Postal Service.

“(B) Voluntary conversion—Not later than 1 year after the date of enactment of the Postal Reform Act of 2013, and consistent with subsection (b) and paragraph (4), the Postal Service shall begin implementation of a program to convert, on a voluntary basis, the addresses identified under subparagraph (A) from door delivery to a more cost-effective primary mode of delivery.

“(C) Procedures—In pursuing conversion under subparagraph (B), the Postal Service shall establish procedures to—

“(i) solicit and consider input from postal customers, State and local governments, local associations, and property owners; and

“(ii) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal customers, and respect for private property rights.

“(4) Exceptions—In establishing a primary mode of mail delivery for new addresses under paragraph (1) or converting the primary mode of mail delivery for an address under paragraph (2) or (3), the Postal Service may provide door delivery if—

“(A) a physical barrier precludes the efficient provision of centralized delivery or curbside delivery;

“(B) the address is located in a registered historic district, as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986; or

“(C) the Postal Service determines that the provision of centralized delivery or curbside delivery would be impractical, would not be cost-effective, or would not be in the best long-term interest of the Postal Service.

“(5) Waiver for physical hardship—The Postal Service shall establish and maintain a waiver program under which, upon the application of a postal customer, door delivery may be continued or provided to a delivery point if—

“(A) centralized delivery or curbside delivery would, but for this paragraph, be the primary mode of mail delivery for the delivery point; and

“(B) a physical hardship prevents the postal customer from receiving his or her mail through any other form of mail delivery.”

(b)
Clerical amendment— The table of sections for subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following:

Sec. 206 Postal services for market-dominant products

(a)
In general— Strike section 3661 of title 39, United States Code, and insert the following:

“3661. Postal services for market-dominant products

“(a) General obligation—The Postal Service shall develop and promote adequate and efficient postal services with respect to its market-dominant products.

“(b) Change in service—The Board of Governors of the Postal Service is authorized to determine whether there should be a change in the nature of postal service provided for market-dominant products that will generally affect such service on a nationwide or substantially nationwide basis. The authority under this subsection may not be delegated to the Postmaster General or to any other individual or entity.

“(c) Notice, comment, and review

“(1) Notice

“(A) In general—Not later than 60 days before the date on which any change in service under subsection (b) is implemented, the Board of Governors shall provide public notice of the proposed change in service implementation of the proposed change, including any adjustment in classes or rates proposed to be made under this section.

“(B) Publication—The notice required by subparagraph (A) shall be—

“(i) published in the Federal Register and on the website of the Postal Service; and

“(ii) provided to the Postal Regulatory Commission.

“(C) Contents—The notice required by subparagraph (A) shall describe the proposed change in service, and address the consistency of the change with the policies of this title, including its effect on the provision of universal postal service.

“(2) Public comment—The Board of Governors shall solicit and receive public comments on any proposed change in service under subsection (b). The Board shall give interested persons an opportunity to comment on the proposed change in service through the submission of written data, views, or arguments, with or without opportunity for oral presentation, and shall take any relevant matter presented into consideration in making its final determination regarding the proposed change in service.

“(3) Final decision—Not later than 30 days before the date on which a change in service under subsection (b) takes effect, the Board of Governors shall issue a final decision on the change in service which shall—

“(A) be published in the Federal Register and on the website of the Postal Service; and

“(B) include an explanation responding to all relevant comments received.

“(4) Commission review—Any change in service made by the Board of Governors under this section shall be subject to review by the Commission under section 3662.

“(d) Limitation—Nothing in this section shall be construed as authorizing the making of changes under this section to the nature of service provided for competitive products. For a change that affects the nature of service provided for both market-dominant products and competitive products, only the effect on market-dominant products shall be subject to this section.”

(b)
Technical and conforming amendment— The table of sections for chapter 36 of title 39, United States Code, is amended by striking the item relating to section 3661 and inserting the following: