[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5377 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5377
To provide for certain safeguards with respect to the sale of historic
postal facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2014
Mr. Serrano (for himself and Ms. Lee of California) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform
_______________________________________________________________________
A BILL
To provide for certain safeguards with respect to the sale of historic
postal facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Facilities Preservation and
Sales Reform Act''.
SEC. 2. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO THE
CLOSURE AND CONSOLIDATION OF POSTAL FACILITIES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended--
(1) by striking subsection (d)(1) and inserting the
following:
``(d)(1) Prior to making a determination under subsection (a)(3) of
this section as to the necessity for the closing or consolidation of
any postal facility, the Postal Service shall--
``(A) hold at least 3 public meetings, located within the
area affected by the closing or consolidation, at least 120
days prior to such determination; and
``(B) provide adequate notice of its intention to close or
consolidate such facility at least 180 days prior to the
proposed date of such closing or consolidation to persons
served by such facility to ensure that such persons will have
an opportunity to present their views.
``(2) For purposes of paragraph (1), `adequate notice' with respect
to a closure or consolidation of a post office means written
notification to--
``(A) each person served by such post office;
``(B) each officer or employee who is employed at such post
office; and
``(C) each Federal, State, and local elected official who
represents the ZIP code in which such post office is
located.'';
(2) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(3) by adding at the end the following:
``(8) The following entities shall have a right of first refusal,
in descending order of priority, to purchase any postal facility
offered for sale by the Postal Service under this section:
``(A) A Federal agency (as that term is defined in section
2671 of title 28).
``(B) The State in which such facility is located.
``(C) The city, town, or local unit of government with
jurisdiction over the area in which such facility is located.
``(9) The Postal Service may not enter into any contract or
agreement with a person where such contract permits such person to
represent, with respect to a sale of a postal facility under this
section, the Postal Service and the proposed buyer of the facility.''.
(b) Technical and Conforming Amendments.--Section 404(d) of title
39, United States Code, is amended--
(1) in paragraphs (3) through (7) (as redesignated by
subsection (a)(2)), by striking ``post office'' in each
instance it appears and inserting ``postal facility'';
(2) in paragraph (3) (as so redesignated), by striking
``post offices'' and inserting ``postal facilities''; in each
instance it appears
(3) in paragraph (4) (as so redesignated), by striking
``paragraph (2)'' and inserting ``paragraph (3)'';
(4) in paragraph (6) (as so redesignated), by striking
``paragraph (3)'' and inserting ``paragraph (4)''; and
(5) in paragraph (7) (as so redesignated), by striking
``paragraph (5)'' and inserting ``paragraph (6)''.
SEC. 3. AMENDMENTS TO TITLE 39, UNITED STATES CODE, WITH RESPECT TO
HISTORIC POSTAL FACILITIES.
(a) Sale of Postal Facilities.--Section 404(d) of title 39, United
States Code, is further amended by adding at the end the following new
paragraph:
``(10) With respect to any historic postal facility (as that term
is defined in section 417) offered for sale or proposed for relocation
or cessation of services by the Postal Service under this section, the
Postal Service may not enter into any contract or agreement to sell the
facility or relocate or cease services at such facility until the
proposed decision to sell or relocate such facility is reviewed
pursuant to section 106 of the National Historic Preservation Act (16
U.S.C. 470f).''.
(b) General Historic Postal Facility Requirements.--Chapter 4 of
title 39, United States Code, is amended by adding at the end the
following:
``Sec. 417. Historic postal facilities
``(a) Historic Surplus Property Program.--If the Postal Service
makes a determination to sell a historic postal facility under section
404, and the preservation of such facility has been determined by the
State Historic Preservation Officer or the Keeper of the National
Register of Historic Places to be of national significance, the Postal
Service shall use the Historic Surplus Property Program (administered
by the National Park Service and the General Services Administration)
to dispose of such facility.
``(b) Federal Preservation Officer Duties.--The Federal
preservation officer at the Postal Service shall be consulted in any
decision with respect to the sale or lease of any historic postal
facility or any historic art at such facility.
``(c) List of Historic Postal Facilities; Budget.--The Postmaster
General shall maintain--
``(1) a list of historic postal facilities and publish such
list on the Postal Service Web site; and
``(2) a separate preservation budget to track obligations
and expenditures by the Postal Service with respect to historic
preservation activities.
``(d) New Deal Art.--
``(1) In general.--The Federal preservation officer at the
Postal Service shall promptly notify the National Museum of
American Art in any instance where New Deal art owned by the
Postal Service is loaned or relocated.
``(2) Availability of policies.--The Postmaster General
shall make all Postal Service policies relating to historic
preservation and New Deal art available to the public.
``(e) Definitions.--In this section--
``(1) the term `historic postal facility' means any postal
facility listed, or eligible to be listed, in the National
Register of Historic Places; and
``(2) the term `New Deal art' means any work of art located
at a postal facility that--
``(A) was commissioned by the Federal Government
between 1933 and 1936; and
``(B) is owned by the Postal Service.''.
(c) Clerical Amendment.--The table of sections for title 39, United
States Code, is amended by inserting after the item relating to section
416 the following new item:
``417. Historic postal facilities.''.
SECTION 4. ADDITIONAL REQUIREMENTS WITH RESPECT TO HISTORIC POSTAL
FACILITIES.
(a) Moratorium on Sale of Historic Postal Facilities.--
Notwithstanding any other provision of law, the Postmaster General of
the United States Postal Service may not enter into any agreement to
sell a postal facility that is listed, or eligible to be listed, in the
National Register of Historic Places unless the sale is conducted
pursuant to the procedures established under section 404(d) of title
39, United States Code, as amended by sections 2 and 3.
(b) Application of National Historic Preservation Act.--Congress
reaffirms that sections 106, 110, and 111 of the National Historic
Preservation Act apply to the United States Postal Service.
(c) Development of Postal Service Policies and Procedures With
Respect to Historic Postal Facilities.--
(1) Model historic property covenant.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Postmaster General
shall, in consultation with the Advisory Council on
Historic Preservation, the National Conference of State
Historic Preservation Officers, and the National Trust
for Historic Preservation, develop a model covenant, to
be used and applied with respect to any historic postal
facility offered for sale by the Postal Service.
(B) Covenant requirements.--Such covenant shall
provide that--
(i) the purchaser of such a facility shall
allow public access to any historic artwork
located within such facility;
(ii) the Postal Service shall contribute
sufficient funds to the maintenance of any such
artwork; and
(iii) the purchaser of such a facility
shall not demolish the historic postal facility
or alter it in any way that is incompatible
with the historic character of such facility.
(C) Covenant guidance.--Not later than 1 year after
the date of enactment of this Act, the Postmaster
General shall, in consultation with the Advisory
Council on Historic Preservation, the National
Conference of State Historic Preservation Officers, and
the National Trust for Historic Preservation, develop
and implement guidelines with respect to notifying any
private entity of the responsibilities of such entity
under the covenant developed under subsection (a),
including stewardship requirements and any pertinent
information on Federal or State tax incentive programs.
(2) Training.--Not later than 180 days after the date of
enactment of this Act, the Postmaster General shall, in
consultation with the Advisory Council on Historic
Preservation, develop guidance and training procedures for
officers and employees of the Postal Service on the processes,
requirements, and special considerations with respect to the
sale of any historic postal facility, including--
(A) the application of section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) to such
sale; and
(B) consultation with stakeholders with respect to
such sale.
(3) Leasing.--Not later than 1 year after the date of
enactment of this Act, the Postmaster General shall develop and
implement a policy with respect to, as an alternative to
selling any historical postal facility, leasing such facility,
as permitted under section 111 of the National Historic
Preservation Act (16 U.S.C. 470h-3).
(4) Report on use of gsa for sale of property.--Not later
than 180 days after the date of enactment of this Act, the
Postmaster General shall publish a report on whether the Postal
Service should use the Office of Real Property Disposal of the
General Services Administration with respect to selling any
historic postal facility.
SEC. 5. PROPOSED POSTAL SERVICE RULE UNDER THE NATIONAL ENVIRONMENTAL
POLICY ACT.
The proposed rule published by the Postal Service in the Federal
Register on January 13, 2014 (79 Fed. Reg. 2102 et seq.), and any
subsequent rule that is substantially the same shall have no force or
effect.
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