Page:United States Statutes at Large Volume 90 Part 1.djvu/1360

 90 STAT. 1310 Appropriation authorization.

Post offices, closing or consolidation. Notice.

Appeal.

Review.

PUBLIC LAW 94-421—SEPT. 24, 1976 (h) There are authorized to be appropriated to the Postal Service Fund established under section 2003 of title 39, United States Code, without fiscal year limitation, such sums as may be necessary to carry out the provisions of this section. Expenses incurred by the Commission shall be paid out of the Postal Service Fund. SEC. 8. Section 3623(b) of title 39, United States Code, is amended by striking out "Postal Service" the second place it appears therein and inserting in lieu thereof "Governors". SEC. 9. (a) Section 404 of title 39, United States Code, is amended by inserting " (a) " immediately before "Without" and by adding at the end thereof the following new subsection: "(b)(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 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 Popta] Service, in making a determination whether or not to close or consolidate a post office, shall consider— "(A) the effect of such closing or consolidation on the community served by such post office; "(B) the effect of such closing or consolidation on employees of the Postal Service employed at such office; "(C) whether such closing 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 maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; "(D) the economic savings to the Postal Service resulting from such closing or consolidation; and " (E) such other factors as the Postal Service determines are necessary. "(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 finding shall be made available to persons served by such post office. " (4) The Postal Service shall take no action to close or consolidate a po?t 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 may be appealed by any person served by such office to the Postal Rate Commission within 30 days after such determination is made available to such person under paragraph (3). 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; or "(C) unsupported by substantial evidence on the record.

�