HR2825-119

1. Short title This Act may be cited as the Postal Service Clusterbox Responsibility Act.

2. Historically maintained cluster box units Chapter 29 of title 39, United States Code, is amended by adding at the end the following new section: The Postal Service shall, in accordance with this section, maintain covered cluster box units, including— repairing and replacing covered cluster box units; and adding mailboxes to covered cluster box units in accordance with subsection (c)(1). The Postal Service shall determine whether a cluster box unit is a covered cluster box unit. A covered person for a cluster box unit seeking a determination that such cluster box unit is a covered cluster box unit shall submit to Postal Service an application at such time and in such manner as the Postal Service determines, and containing— documentation evidencing that the Postal Service has primarily maintained such cluster box unit for a period of not less than 20 years; written permission for the Postal Service to maintain such cluster box unit; and such other information as the Postal Service determines appropriate. In making the determination under paragraph (1), the Postal Service shall— undertake a reasonable investigation to identify any documents and other information of the Postal Service or reasonably available to the Postal Service that are relevant to such determination; and consider such documents and other information. The Postal Service shall make the determination under paragraph (1) with respect to a cluster box unit and notify the covered person who submitted the application under paragraph (2) with respect to such cluster box unit not later than one month after the date on which such covered person submitted such application. The Postal Service shall add a mailbox to a covered cluster box unit if a covered person for such covered cluster box unit submits to the Postal Service a notice under subparagraph (B) and the Postal Service determines that such an additional mailbox is necessary. A covered person for a covered cluster box unit seeking the addition of a mailbox to such covered cluster box unit shall submit to the Postal Service a notice at such time, in such manner, and containing such information as the Postal Service determines appropriate, including evidence of the need for such additional mailbox. If a covered person for a covered cluster box unit adds a mailbox to such covered cluster box unit in accordance with all other laws and regulations, the Postal Service shall maintain such covered cluster box unit, including any such additional mailboxes, in accordance with this section. Nothing in this section shall be construed to prohibit or otherwise limit a covered person for a covered cluster box unit from maintaining such covered cluster box unit. The Postal Service shall not perform any maintenance under this section that— is not necessary for the function of a covered cluster box unit, except that the Postal Service shall make repairs to the extent that such repairs are incident to maintenance that is necessary for the function of the covered cluster box unit; is required as a result of a covered person for a covered cluster box unit or any individual residing at an address served by such covered cluster box unit— intentionally or willfully damaging such covered cluster box unit, as determined by the Postal Service; or making any change to such covered cluster box unit that is not necessary for the function of such covered cluster box unit; or pertains to the structure of a building. If the Postal Service incurs or will incur costs to perform maintenance under this section on or for a covered cluster box unit that is required by circumstances creating a legal liability on an individual or entity (other than the United States) to pay damages with respect to such maintenance, the Postal Service may request the beneficiary to— if the beneficiary enforces such liability, assign to the Postal Service any right of the beneficiary to share in money or property received in satisfaction of such liability to the extent of such costs; or if the beneficiary does not enforce such liability— assign to the Postal Service any right of action such beneficiary may have to enforce such liability; or enforce such liability and comply with paragraph (1). A covered cluster box unit shall cease to be a covered cluster box unit if— a covered person for a covered cluster box unit withdraws permission for the Postal Service to maintain such covered cluster box unit; a beneficiary that is a covered person refuses a request from the Postal Service described in subsection (f) with respect to maintenance for such covered cluster box unit; or the Postal Service permanently ceases delivery and collection of mail to all addresses served by a mailbox in such covered cluster box unit or any associated receptacle for parcels. The owner of a covered cluster box unit may withdraw permission for the Postal Service to maintain such covered cluster box unit only by submitting to the Postal Service a written notice. There is established in the Treasury of the United States a revolving fund to be called the Cluster Box Unit Maintenance Fund, which shall be available to the Postal Service without fiscal-year limitation to carry out this section. Notwithstanding section 2003(b), there shall be deposited in the Fund, subject to withdrawal by check by the Postal Service, amounts appropriated for the use of the Postal Service to carry out this section. In this section: The term cluster box unit means a centralized unit of individually locked compartments for the delivery and collection of mail. The term covered cluster box unit means a cluster box unit that— is owned by an individual or entity, other than a public entity; and the Postal Service has primarily maintained for a period of not less than 20 years. The term covered person means, with respect to a cluster box unit, an individual or entity that may give to and withdraw from the Postal Service permission to maintain such cluster box unit. The term primarily maintained, with respect to a cluster box unit, means paid for or performed the majority of the maintenance necessary for the function of the cluster box unit, including repairs and replacing the cluster box unit when necessary. The table of sections for chapter 29 of title 39, United States Code, is amended by adding at the end the following new item: Not later than 180 days after the date of the enactment of this Act, the United States Postal Service shall issue regulations carrying out the amendments made by this Act. 2904.Historically maintained cluster box units(a)In generalThe Postal Service shall, in accordance with this section, maintain covered cluster box units, including—(1)repairing and replacing covered cluster box units; and(2)adding mailboxes to covered cluster box units in accordance with subsection (c)(1).(b)Maintenance determination(1)In generalThe Postal Service shall determine whether a cluster box unit is a covered cluster box unit.(2)ApplicationA covered person for a cluster box unit seeking a determination that such cluster box unit is a covered cluster box unit shall submit to Postal Service an application at such time and in such manner as the Postal Service determines, and containing—(A)documentation evidencing that the Postal Service has primarily maintained such cluster box unit for a period of not less than 20 years;(B)written permission for the Postal Service to maintain such cluster box unit; and(C)such other information as the Postal Service determines appropriate.(3)Postal service documentationIn making the determination under paragraph (1), the Postal Service shall—(A)undertake a reasonable investigation to identify any documents and other information of the Postal Service or reasonably available to the Postal Service that are relevant to such determination; and(B)consider such documents and other information.(4)DeadlineThe Postal Service shall make the determination under paragraph (1) with respect to a cluster box unit and notify the covered person who submitted the application under paragraph (2) with respect to such cluster box unit not later than one month after the date on which such covered person submitted such application.(c)Additional mail receptacles(1)Postal Service additions(A)In generalThe Postal Service shall add a mailbox to a covered cluster box unit if a covered person for such covered cluster box unit submits to the Postal Service a notice under subparagraph (B) and the Postal Service determines that such an additional mailbox is necessary.(B)NoticeA covered person for a covered cluster box unit seeking the addition of a mailbox to such covered cluster box unit shall submit to the Postal Service a notice at such time, in such manner, and containing such information as the Postal Service determines appropriate, including evidence of the need for such additional mailbox.(2)Additions by othersIf a covered person for a covered cluster box unit adds a mailbox to such covered cluster box unit in accordance with all other laws and regulations, the Postal Service shall maintain such covered cluster box unit, including any such additional mailboxes, in accordance with this section.(d)Maintenance by othersNothing in this section shall be construed to prohibit or otherwise limit a covered person for a covered cluster box unit from maintaining such covered cluster box unit.(e)LimitsThe Postal Service shall not perform any maintenance under this section that—(1)is not necessary for the function of a covered cluster box unit, except that the Postal Service shall make repairs to the extent that such repairs are incident to maintenance that is necessary for the function of the covered cluster box unit;(2)is required as a result of a covered person for a covered cluster box unit or any individual residing at an address served by such covered cluster box unit—(A)intentionally or willfully damaging such covered cluster box unit, as determined by the Postal Service; or(B)making any change to such covered cluster box unit that is not necessary for the function of such covered cluster box unit; or(3)pertains to the structure of a building.(f)ReimbursementIf the Postal Service incurs or will incur costs to perform maintenance under this section on or for a covered cluster box unit that is required by circumstances creating a legal liability on an individual or entity (other than the United States) to pay damages with respect to such maintenance, the Postal Service may request the beneficiary to—(1)if the beneficiary enforces such liability, assign to the Postal Service any right of the beneficiary to share in money or property received in satisfaction of such liability to the extent of such costs; or(2)if the beneficiary does not enforce such liability—(A)assign to the Postal Service any right of action such beneficiary may have to enforce such liability; or(B)enforce such liability and comply with paragraph (1).(g)Termination(1)In generalA covered cluster box unit shall cease to be a covered cluster box unit if—(A)a covered person for a covered cluster box unit withdraws permission for the Postal Service to maintain such covered cluster box unit;(B)a beneficiary that is a covered person refuses a request from the Postal Service described in subsection (f) with respect to maintenance for such covered cluster box unit; or(C)the Postal Service permanently ceases delivery and collection of mail to all addresses served by a mailbox in such covered cluster box unit or any associated receptacle for parcels.(2)Withdrawal of permissionThe owner of a covered cluster box unit may withdraw permission for the Postal Service to maintain such covered cluster box unit only by submitting to the Postal Service a written notice.(h)Cluster box unit maintenance fund(1)In generalThere is established in the Treasury of the United States a revolving fund to be called the Cluster Box Unit Maintenance Fund, which shall be available to the Postal Service without fiscal-year limitation to carry out this section.(2)DepositsNotwithstanding section 2003(b), there shall be deposited in the Fund, subject to withdrawal by check by the Postal Service, amounts appropriated for the use of the Postal Service to carry out this section.(i)DefinitionsIn this section:(1)Cluster box unitThe term cluster box unit means a centralized unit of individually locked compartments for the delivery and collection of mail.(2)Covered cluster box unitThe term covered cluster box unit means a cluster box unit that—(A)is owned by an individual or entity, other than a public entity; and(B)the Postal Service has primarily maintained for a period of not less than 20 years.(3)Covered personThe term covered person means, with respect to a cluster box unit, an individual or entity that may give to and withdraw from the Postal Service permission to maintain such cluster box unit.(4)Primarily maintainedThe term primarily maintained, with respect to a cluster box unit, means paid for or performed the majority of the maintenance necessary for the function of the cluster box unit, including repairs and replacing the cluster box unit when necessary.. 2904. Historically maintained cluster box units..

2904. Historically maintained cluster box units The Postal Service shall, in accordance with this section, maintain covered cluster box units, including— repairing and replacing covered cluster box units; and adding mailboxes to covered cluster box units in accordance with subsection (c)(1). The Postal Service shall determine whether a cluster box unit is a covered cluster box unit. A covered person for a cluster box unit seeking a determination that such cluster box unit is a covered cluster box unit shall submit to Postal Service an application at such time and in such manner as the Postal Service determines, and containing— documentation evidencing that the Postal Service has primarily maintained such cluster box unit for a period of not less than 20 years; written permission for the Postal Service to maintain such cluster box unit; and such other information as the Postal Service determines appropriate. In making the determination under paragraph (1), the Postal Service shall— undertake a reasonable investigation to identify any documents and other information of the Postal Service or reasonably available to the Postal Service that are relevant to such determination; and consider such documents and other information. The Postal Service shall make the determination under paragraph (1) with respect to a cluster box unit and notify the covered person who submitted the application under paragraph (2) with respect to such cluster box unit not later than one month after the date on which such covered person submitted such application. The Postal Service shall add a mailbox to a covered cluster box unit if a covered person for such covered cluster box unit submits to the Postal Service a notice under subparagraph (B) and the Postal Service determines that such an additional mailbox is necessary. A covered person for a covered cluster box unit seeking the addition of a mailbox to such covered cluster box unit shall submit to the Postal Service a notice at such time, in such manner, and containing such information as the Postal Service determines appropriate, including evidence of the need for such additional mailbox. If a covered person for a covered cluster box unit adds a mailbox to such covered cluster box unit in accordance with all other laws and regulations, the Postal Service shall maintain such covered cluster box unit, including any such additional mailboxes, in accordance with this section. Nothing in this section shall be construed to prohibit or otherwise limit a covered person for a covered cluster box unit from maintaining such covered cluster box unit. The Postal Service shall not perform any maintenance under this section that— is not necessary for the function of a covered cluster box unit, except that the Postal Service shall make repairs to the extent that such repairs are incident to maintenance that is necessary for the function of the covered cluster box unit; is required as a result of a covered person for a covered cluster box unit or any individual residing at an address served by such covered cluster box unit— intentionally or willfully damaging such covered cluster box unit, as determined by the Postal Service; or making any change to such covered cluster box unit that is not necessary for the function of such covered cluster box unit; or pertains to the structure of a building. If the Postal Service incurs or will incur costs to perform maintenance under this section on or for a covered cluster box unit that is required by circumstances creating a legal liability on an individual or entity (other than the United States) to pay damages with respect to such maintenance, the Postal Service may request the beneficiary to— if the beneficiary enforces such liability, assign to the Postal Service any right of the beneficiary to share in money or property received in satisfaction of such liability to the extent of such costs; or if the beneficiary does not enforce such liability— assign to the Postal Service any right of action such beneficiary may have to enforce such liability; or enforce such liability and comply with paragraph (1). A covered cluster box unit shall cease to be a covered cluster box unit if— a covered person for a covered cluster box unit withdraws permission for the Postal Service to maintain such covered cluster box unit; a beneficiary that is a covered person refuses a request from the Postal Service described in subsection (f) with respect to maintenance for such covered cluster box unit; or the Postal Service permanently ceases delivery and collection of mail to all addresses served by a mailbox in such covered cluster box unit or any associated receptacle for parcels. The owner of a covered cluster box unit may withdraw permission for the Postal Service to maintain such covered cluster box unit only by submitting to the Postal Service a written notice. There is established in the Treasury of the United States a revolving fund to be called the Cluster Box Unit Maintenance Fund, which shall be available to the Postal Service without fiscal-year limitation to carry out this section. Notwithstanding section 2003(b), there shall be deposited in the Fund, subject to withdrawal by check by the Postal Service, amounts appropriated for the use of the Postal Service to carry out this section. In this section: The term cluster box unit means a centralized unit of individually locked compartments for the delivery and collection of mail. The term covered cluster box unit means a cluster box unit that— is owned by an individual or entity, other than a public entity; and the Postal Service has primarily maintained for a period of not less than 20 years. The term covered person means, with respect to a cluster box unit, an individual or entity that may give to and withdraw from the Postal Service permission to maintain such cluster box unit. The term primarily maintained, with respect to a cluster box unit, means paid for or performed the majority of the maintenance necessary for the function of the cluster box unit, including repairs and replacing the cluster box unit when necessary.