Improving change-in-service procedures
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Section 3661 of title 39, United States Code, is amended— (1) in subsection (b)— (A) by striking When the and insert (1) When the; (B) by striking advisory opinion and inserting a decision; and (C) by adding at the end the following new paragraph: (2) (A) In the absence of a decision with respect to a proposal under paragraph (1), if the Commission determines that a plan or initiative of the Postal Service clearly indicates the need for a change described in such paragraph but such plan or initiative does not explicitly make such a change a purpose or goal of such plan or initiative, the Commission shall order the Postal Service to explain why the Postal Service determined that the Postal Service did not need to submit a proposal to the Commission under such paragraph with respect to such plan or initiative. (B) An order under subparagraph (A) pursuant to a determination of the Commission described in such subparagraph shall include an explanation of the reasoning for such determination. (C) (i) If the Commission determines that the explanation of the Postal Service provided pursuant to subparagraph (A) is not sufficient to support the determination of the Postal Service that the Postal Service did not need to submit a proposal to the Commission under paragraph (1) with respect to a plan or initiative, the Postal Service shall justify the change in the nature of postal services implied by the plan or initiative and, to the extent necessary, justify the underlying plan or initiative in a hearing before the Commission. (ii) Each hearing under clause (i) shall be conducted in accordance with sections 556 and 556 of title 5. (3) Each decision of the Postal Regulatory Commission under this subsection shall be transmitted to the Governors of the Postal Service. The Governors may accept the decision or, by unanimous written decision, reject the decision and adopt the original proposal of the Postal Service, in the case of a request by the Postal Service for a decision, or approve the plan or initiative found by the Commission to have required a decision under paragraph (2). The decision of the Governors shall be a final order for purposes of section 3663 of this title. If the Governors have not acted upon a Commission decision within 60 days of receiving it, the Commission decision will be deemed a final order for purposes of section 3663 of this title.; and (2) in subsection (c)— (A) by inserting designated pursuant to section 505 of this title after officer of the Commission; and (B) by striking his judgment and inserting the judgment of such Commissioner.