[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78981-78991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30020]
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POSTAL SERVICE
39 CFR Parts 1-11
Bylaws of the Board of Governors
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The Board of Governors of the United States Postal Service has
adopted a considerable number of amendments to its Bylaws, set forth in
subchapter A, parts 1 through 11, of title 39 of the Code of Federal
Regulations. These amendments implement changes in the authority,
responsibilities, and procedures of the Board made necessary by the
Postal Accountability and Enhancement Act of 2006 (PAEA), Public Law
109-435. The Postal Service hereby publishes this final rule revising
subchapter A to reflect the changes in the Board's Bylaws.
DATES: Effective Date: December 24, 2008.
FOR FURTHER INFORMATION CONTACT: Julie S. Moore, Secretary of the
Board, U.S. Postal Service, 475 L'Enfant Plaza, SW., Washington, DC
20260-1000; (202) 268-4800, or Christopher T. Klepac, (202) 268-3006.
SUPPLEMENTARY INFORMATION: This document revises subchapter A,
incorporating parts 1 through 11 of 39 CFR, to reflect numerous changes
to the Bylaws of the Postal Service's Board of Governors necessitated
by the enactment of the Postal Accountability and Enhancement Act of
2006 (PAEA), Public Law 109-435. A large number of these changes are
editorial or technical in nature, and do not alter the authority,
responsibilities, or procedures of the Board. Others reflect
substantive changes in these matters, particularly with reference to
the establishment of postal rates and fees under the new legislation.
For the convenience of the user, subchapter A has been republished in
its entirety, as revised by the Board of Governors. The following
section-by-section analysis identifies the new or modified provisions
of revised subchapter A.
Section-by-Section Analysis
Part 1--Postal Policy (Article I)
The authority citation for part 1 has been updated to reflect
changes under Public Law 109-435.
Section 1.1 Establishment of the U.S. Postal Service
Language has been added to this section to reflect the enactment of
[[Page 78982]]
Public Law 109-435. Minor editorial changes have been made for enhanced
clarity and other purposes.
Section 1.2 Delegation of Authority
This section is unchanged.
Part 2--General and Technical Provisions (Article II)
The authority citation for part 2 has been updated to reflect
changes under Public Law 109-435.
Section 2.1 Office of the Board of Governors
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 2.2 Agent for Receipt of Process
This section is unchanged.
Section 2.3 Offices
This section is unchanged.
Section 2.4 Seal
Subsection (b) of this section has been modified to correct a
reference to 39 CFR.
Section 2.5 Authority
This section is unchanged.
Section 2.6 Severability, Amendment, Repeal, and Waiver of Bylaws
This section is unchanged.
Part 3--Board of Governors (Article III)
The table of contents for part 3 has been revised by changing the
title of section 3.1, and adding new sections 3.9 and 3.10. The
authority citation for part 3 has been updated to reflect changes under
Public Law 109-435.
Section 3.1 Composition and Responsibilities of Board
This section has been given a new title.
Section 3.2 Compensation of Board
The statutory citation in this section has been updated.
Section 3.3 Matters Reserved for Decision by the Board
This section has been revised and reorganized to reflect the
functions of the Board of Governors, as modified by Public Law 109-435.
Language has been added concerning the authority of the Board with
regard to the establishment of service standards under 39 U.S.C. 3691,
as well as borrowing or the issuance of obligations under 39 U.S.C.
2011. Duplicative or obsolete language has been removed with regard to
separate approval of Postal Service Five-Year Capital Investment Plans,
requests under former law for recommended decisions in changes in
postal rates or the mail classification schedule, and the effective
dates of final decisions on such changes. In addition, this section
contains numerous minor editorial changes for enhanced clarity and
other purposes.
Section 3.4 Matters Reserved for Decision by the Governors
This section has been revised and reorganized to reflect the
functions reserved to the Governors, as modified by Public Law 109-435.
Language has been added concerning the authority of the Governors with
regard to establishing rates and classes of competitive products under
39 U.S.C. 3632, adjusting rates and fees for market-dominant products
under 39 U.S.C. 3622, requesting the Postal Regulatory Commission (PRC)
to change the lists of market-dominant and competitive products under
39 U.S.C. 3642, requesting the PRC for an expedited adjustment of rates
due to extraordinary circumstances under 39 U.S.C. 3622, taking actions
with regard to the Inspector General of the Postal Service under 39
U.S.C. 202(e) or 5 U.S.C. App. 8G(f)(3)(A), and establishing the price
for the breast cancer research special postal stamp under 39 U.S.C. 414
and any semipostal stamp under 39 U.S.C. 416. Obsolete language has
been removed with regard to actions under former law concerning
approval or adjustment of the Postal Rate Commission's budget, actions
under former law on the recommended decisions of the Postal Rate
Commission, and concurrence with the Postmaster General in the removal
or transfer of the Chief Postal Inspector. In addition, this section
contains numerous minor editorial changes for enhanced clarity and
other purposes.
Section 3.5 Delegation of Authority by the Board
This section is unchanged.
Section 3.6 Information Furnished to Board--Financial And Operating
Reports
This section contains minor changes in format for enhanced clarity
and other purposes.
Section 3.7 Information Furnished to Board--Program Review
This section has been revised to remove obsolete language
concerning separate approval of Postal Service Five-Year Capital
Investment Plans. In addition, this section contains numerous minor
editorial changes for enhanced clarity and other purposes.
Section 3.8 Information Furnished to Board--Special Reports
Language has been added to subsection (b) to enhance reporting to
the Board on major litigation or regulatory activities significantly
impacting the Postal Service or involving a new, novel, or potentially
controversial issue. New subsection (f) has been added to require
reporting on major or significant financial, operational and compliance
reports or studies the Postal Service is required by statute or law to
prepare.
Section 3.9 Establishment of Rates and Classes of Competitive Products
of General Applicability
This new section relates to the authority of the Governors under 39
U.S.C. 3632 concerning changes in rates or classes of competitive
products of general applicability.
Section 3.10 Establishment of Rates and Classes of Competitive Products
Not of General Applicability
This new section relates to the authority of the Governors under 39
U.S.C. 3632 concerning changes in rates or classes of competitive
products not of general applicability.
Part 4--Officials (Article IV)
Part 4 has been given a new title, and the authority citation for
part 4 has been updated to reflect changes under Public Law 109-435.
Section 4.1 Chairman
Language has been added to subsection (a)(2) to allow the Chairman
of the Board to designate a vice chairman of any committee established
by the Board. Subsection (c) has been added to provide that upon the
election of a new Chairman of the Board, the immediate past Chairman
shall become Chairman Pro Tempore of the Board, with certain specified
duties.
Section 4.2 Vice Chairman
This section is unchanged.
Section 4.3 Postmaster General
This section has been modified to reflect the enactment of 39
U.S.C. 3686, and contains minor editorial changes for enhanced clarity
and other purposes.
Section 4.4 Deputy Postmaster General
This section has been modified to reflect the enactment of 39
U.S.C. 3686, and contains minor editorial changes for enhanced clarity
and other purposes.
[[Page 78983]]
Section 4.5 Assistant Postmasters General, General Counsel, Judicial
Officer, Chief Postal Inspector
This section is unchanged.
Section 4.6 Secretary of the Board
This section is unchanged.
Part 5--Committees (Article V)
The authority citation for part 5 has been updated to reflect
changes under Public Law 109-435.
Section 5.1 Establishment and Appointment
Language has been added to allow the Chairman of the Board to
designate a vice chairman of any committee established by the Board.
Section 5.2 Committee Procedure
This section is unchanged.
Part 6--Meetings (Article VI)
The authority citation for part 6 has been updated to reflect
changes under Public Law 109-435.
Section 6.1 Regular Meetings, Annual Meeting
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 6.2 Special Meetings
This section has been modified to require the ``earliest
practicable notice'' of a special meeting called by the Chairman of the
Board. This section also contains minor editorial changes for enhanced
clarity and other purposes.
Section 6.3 Notice of Meetings
This section has been modified to establish procedures for
providing e-mail notice of meetings. This section also contains minor
editorial changes for enhanced clarity and other purposes.
Section 6.4 Attendance by Conference Telephone Call
This section has been modified to clarify the Board's policy
concerning attendance at regularly scheduled meetings by conference
telephone call.
Section 6.5 Minutes of Meetings
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 6.6 Quorum and Voting
This section has been revised to reflect quorum and voting
requirements established under Public Law 109-435. As revised,
subsection (f) addresses the votes required to establish rates or
classes of competitive products, and subsection (g) applies to votes to
remove the Inspector General for cause. Obsolete language has been
removed with regard to actions under former law concerning adjustment
of the total budget of the Postal Rate Commission, as well as actions
under former law to approve, allow under protest, reject, or modify a
recommended decision of the Postal Rate Commission. This section also
contains minor editorial changes for enhanced clarity and other
purposes.
Part 7--Public Observation (Article VII)
The authority citation for part 7 has been updated to reflect
changes under Public Law 109-435.
Section 7.1 Definitions
This section is unchanged.
Section 7.2 Open Meetings
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 7.3 Exceptions
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 7.4 Procedure for Closing a Meeting
This section in unchanged.
Section 7.5 Public Notice of Meetings, Subsequent Changes
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 7.6 Certification and Transcripts of Closed Meetings
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 7.7 Enforcement
This section is unchanged.
Section 7.8 Open meetings, Freedom of Information, and Privacy of
Information
This section contains minor editorial changes for enhanced clarity
and other purposes.
Part 8 [Reserved]
Part 8 remains reserved.
Part 9 [Reserved]
Part 9, which formerly dealt with the policy under previous law
concerning communications with the Governors of the Postal Service
while rate and classification proceedings were pending, has been
removed and reserved.
Part 10--Rules of Conduct for Postal Service Governors (Article X)
The title of part 10 has been modified, and the authority citation
for part 10 has been updated to reflect changes under Public Law 109-
435.
Section 10.1 Applicability
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 10.2 Advisory Service
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 10.3 Post-Employment Activities
This section contains minor editorial changes for enhanced clarity
and other purposes.
Section 10.4 Financial Disclosure Reports
This section is unchanged.
Part 11--Advisory Boards (Article XI)
The authority citation for part 11 has been updated to reflect
changes under Public Law 109-435.
Section 11.1 Establishment
This section is unchanged.
List of Subjects in 39 CFR Parts 1-11
Administrative practice and procedure, Organization and functions
(Government agencies), Postal Service.
0
Subchapter A of 39 CFR is revised as follows:
Subchapter A--The Board of Governors of the U.S. Postal Service Bylaws
of the Board of Governors
PART 1--POSTAL POLICY (ARTICLE I)
Sec.
1.1 Establishment of the U.S. Postal Service.
1.2 Delegation of authority.
Authority: 39 U.S.C. 101, 202, 205, 401(2), 402, 403.
Sec. 1.1 Establishment of the U.S. Postal Service.
The U.S. Postal Service is established under the provisions of the
Postal Reorganization Act (the Reorganization Act) of 1970, Public Law
91-375, 84 Stat. 719, as amended by the Postal Accountability and
Enhancement Act of 2006 (PAEA), Public Law 109-435, 120 Stat. 3198, as
an independent establishment of the executive branch of the Government
of the United States, under the direction of a Board of Governors, with
the Postmaster General as its chief executive officer. The Board of
Governors of the Postal Service (the
[[Page 78984]]
Board) directs the exercise of its powers through management that is
expected to be honest, efficient, economical, and mindful of the
competitive business environment in which the Postal Service operates.
The Board consists of nine Governors appointed by the President, by and
with the advice and consent of the Senate, to represent the public
interest generally, together with the Postmaster General and Deputy
Postmaster General.
Sec. 1.2 Delegation of authority.
Except for powers, duties, or obligations specifically vested in
the Governors by law, the Board may delegate its authority to the
Postmaster General under such terms, conditions, and limitations,
including the power of redelegation, as it finds desirable. The bylaws
of the Board are the framework of the system through which the Board
monitors the exercise of the authority it has delegated, measures
progress toward the goals it has set, and shapes the policies to guide
the future development of the Postal Service. Delegations of authority
do not relieve the Board of full responsibility for carrying out its
duties and functions, and are revocable by the Governors in their
exclusive judgment.
PART 2--GENERAL AND TECHNICAL PROVISIONS (ARTICLE II)
Sec.
2.1 Office of the Board of Governors.
2.2 Agent for receipt of process.
2.3 Offices
2.4 Seal.
2.5 Authority.
2.6 Severability, amendment, repeal, and waiver of bylaws.
Authority: 39 U.S.C. 202, 203, 205(c), 207, 401(2); 5 U.S.C.
552b(f), (g).
Sec. 2.1 Office of the Board of Governors.
There shall be located in Washington, DC an Office of the Board of
Governors of the United States Postal Service. It shall be the function
of this Office to provide staff support for the Board, as directed by
the Chairman of the Board, to enable the Board to carry out effectively
its duties and responsibilities.
Sec. 2.2 Agent for receipt of process.
The General Counsel of the Postal Service shall act as agent for
the receipt of legal process against the Postal Service, and as agent
for the receipt of legal process against the Board of Governors or a
member of the Board, in his or her official capacity, and all other
officers and employees of the Postal Service to the extent that the
process arises out of the official functions of those officers and
employees. The General Counsel shall also issue public certifications
concerning closed meetings of the Board as appropriate under 5 U.S.C.
552b(f).
Sec. 2.3 Offices.
The principal office of the Postal Service is located in
Washington, DC, with such regional and other offices and places of
business as the Postmaster General establishes from time to time, or
the business of the Postal Service requires.
Sec. 2.4 Seal.
(a) The Seal of the Postal Service is filed by the Board in the
Office of the Secretary of State, and is required by 39 U.S.C. 207 to
be judicially noticed. The Seal shall be in the custody of the General
Counsel, who shall affix it to all commissions of officers of the
Postal Service, and use it to authenticate records of the Postal
Service and for other official purposes. The following describes the
Seal adopted for the Postal Service:
(1) A stylized bald eagle is poised for flight, facing to the
viewer's right, above two horizontal bars between which are the words
``U.S. MAIL'', surrounded by a square border with rounded corners
consisting of the words ``UNITED STATES POSTAL SERVICE'' on the left,
top, and right, and consisting of nine five-pointed stars on the base.
(2) The color representation of the Seal shows, a white field on
which the bald eagle appears in dark blue, the words ``U.S. MAIL'' in
black, the bar above the words in red, the bar below in blue, and the
entire border consisting of the words ``UNITED STATES POSTAL SERVICE''
and stars in ochre.
[GRAPHIC] [TIFF OMITTED] TR24DE08.013
(b) The location and description of the Postal Service emblem is
described at 39 CFR 221.7.
Sec. 2.5 Authority.
These bylaws are adopted by the Board under the authority conferred
upon the Postal Service by 39 U.S.C. 401(2) and 5 U.S.C. 552b(g).
Sec. 2.6 Severability, amendment, repeal, and waiver of bylaws.
The invalidity of any provision of these bylaws does not affect the
validity of the remaining provisions, and for this purpose these bylaws
are severable. The Board may amend or repeal these bylaws at any
special or regular meeting, provided that each member of the Board has
received a written notice containing a statement of the proposed
amendment or repeal at least 5 days before the meeting. The members of
the Board may waive the 5 days' notice or the operation of any other
provision of these bylaws by unanimous consent, if that action is not
prohibited by law. The Secretary shall submit the text of any amendment
to these bylaws for publication in the Federal Register as soon as
practicable after the amendment is adopted by the Board.
PART 3--BOARD OF GOVERNORS (ARTICLE III)
Sec.
3.1 Composition and responsibilities of Board.
3.2 Compensation of Board.
3.3 Matters reserved for decision by the Board.
3.4 Matters reserved for decision by the Governors.
3.5 Delegation of authority by Board.
3.6 Information furnished to Board--financial and operating reports.
3.7 Information furnished to Board--program review.
3.8 Information furnished to Board--special reports.
3.9 Establishment of rates and classes of competitive products of
general applicability.
3.10 Establishment of rates and classes of competitive products not
of general applicability.
Authority: 39 U.S.C. 202, 203, 205, 401 (2), (10), 402, 404(b),
414, 416, 1003, 2005, 2011, 2802-2804, 3013, 3622, 3632, 3642, 3652,
3654, 3691; 5 U.S.C. 552b(g), (j); 5 U.S.C. App.; Pub. L. 107-67,
115 Stat. 514 (2001).
Sec. 3.1 Composition and responsibilities of Board.
The composition of the Board is described in 39 U.S.C. 202. The
Board directs the exercise of the powers of the Postal Service, reviews
the practices and policies of the Postal Service, and directs and
controls the expenditures of the Postal Service. Consistent with the
broad delegation of authority to the Postmaster General in Sec. 3.5 of
these bylaws, and except for those powers, duties, or obligations which
are specifically vested by statute in the Governors, as distinguished
from the Board of Governors, the Board accomplishes its purposes by
monitoring the operations and performance of the Postal Service, and
[[Page 78985]]
by establishing basic objectives, broad policies, and long-range goals
for the Postal Service.
Sec. 3.2 Compensation of Board.
Section 202(a)(1) of title 39 provides for the compensation of the
Governors and for reimbursement for travel and reasonable expenses
incurred in attending Board meetings. Compensation is provided for not
more than 42 days of meetings per year.
Sec. 3.3 Matters reserved for decision by the Board.
The following matters are reserved for decision by the Board of
Governors:
(a) Adoption of, and amendments to, the bylaws of the Board.
(b) (1) Approval of the annual Postal Service Finance Plan;
(2) Approval of the annual Postal Service Operating Plan;
(3) Approval of the annual Postal Service Capital Plan.
(c) Approval of the annual financial statements of the Postal
Service following receipt of the annual report of the Postal Service's
independent, certified public accounting firm.
(d) Authorization of the Postal Service, in consultation with the
Postal Regulatory Commission, to establish service standards under 39
U.S.C. 3691.
(e) Authorization of the Postal Service to request that the Postal
Regulatory Commission submit an advisory opinion on a proposed change
in the nature of postal services which will generally affect service on
a nationwide or substantially nationwide basis.
(f) Approval of any use of the authority of the Postal Service to
borrow money under 39 U.S.C. 2005 and 39 U.S.C. 2011, except for short-
term borrowings, having maturities of one year or less, assumed in the
normal course of business.
(g) Approval of the terms and conditions of each series of
obligations issued by the Postal Service under 39 U.S.C. 2005 and 39
U.S.C. 2011, including the time and manner of sale and the underwriting
arrangements, except for short-term borrowings, having maturities of
one year or less, assumed in the normal course of business.
(h) Approval of any use of the authority of the Postal Service to
require the Secretary of the Treasury to purchase Postal Service
obligations under 39 U.S.C. 2006(b), or to request the Secretary of the
Treasury to pledge the full faith and credit of the Government of the
United States for the payment of principal and interest on Postal
Service obligations under 39 U.S.C. 2006(c).
(i) Determination of the number of officers, described in 39 U.S.C.
204 as Assistant Postmasters General, whether so denominated or not, as
the Board authorizes by resolution.
(j) Compensation and benefits of officers of the Postal Service
whose positions are included in Level II of the Postal Career Executive
Service.
(k) Approval of official statements adopting major policy positions
or departing from established major policy positions, and of official
positions on legislative proposals having a major impact on the Postal
Service.
(l) Approval of all major policy positions taken with the
Department of Justice on petitioning the Supreme Court of the United
States for writs of certiorari.
(m) Approval and transmittal to the President and the Congress of
the annual report of the Postmaster General under 39 U.S.C. 2402.
(n) Approval and transmittal to the Congress of the annual report
of the Board under 5 U.S.C. 552b(j).
(o) Approval of the annual comprehensive statement of the Postal
Service to Congress under 39 U.S.C. 2401(e).
(p) Approval and transmittal to the Congress of the semi-annual
report of the Postmaster General under 39 U.S.C. 3013, summarizing the
investigative activities of the Postal Service.
(q) Approval and transmittal to the President and the Congress of
the Postal Service's strategic plan pursuant to the Government
Performance and Results Act of 1993, 39 U.S.C. 2802; approval of the
Postal Service annual performance plan under 39 U.S.C. 2803 and the
Postal Service program performance report under 39 U.S.C. 2804, which
are included in the comprehensive statement under 39 U.S.C. 2401.
(r) All other matters that the Board may consider appropriate to
reserve for its decision.
Sec. 3.4 Matters reserved for decision by the Governors.
The following matters are reserved for decision by the Governors:
(a) Appointment, pay, term of service, and removal of the
Postmaster General, 39 U.S.C. 202(c).
(b) Appointment, term of service, and removal of the Deputy
Postmaster General (by the Governors and the Postmaster General, 39
U.S.C. 202(d)); pay of the Deputy Postmaster General, 39 U.S.C. 202(d).
(c) Election of the Chairman, 39 U.S.C. 202(a)(1), and Vice
Chairman of the Board of Governors.
(d) Establishment of rates and classes of competitive products of
both general and not of general applicability under 39 U.S.C. 3632 in
accordance with the procedures set out in sections 3.9 and 3.10 of
these bylaws.
(e) Authorization of the Postal Service to adjust the rates and
fees for market dominant products under 39 U.S.C. 3622.
(f) Authorization of the Postal Service to request that the Postal
Regulatory Commission, under 39 U.S.C. 3642, change the lists of market
dominant and competitive products by adding a product, removing a
product, or transferring a product.
(g) Authorization of the Postal Service to file a notice with the
Postal Regulatory Commission of substantive modifications to the
product descriptions in the Mail Classification Schedule.
(h) Authorization of the Postal Service to file a request with the
Postal Regulatory Commission for adjustment of rates on an expedited
basis due to extraordinary or exceptional circumstances, as provided in
39 U.S.C. 3622(d)(1)(E).
(i) Appointment and removal of the Inspector General under 39
U.S.C. 202(e).
(j) Exercise of the authority of the Governors under 5 U.S.C. App.
8G(f)(3)(A).
(k) The Governors shall meet annually in closed session to discuss
compensation and benefits, term of service, and appointment/removal of
the Board Secretary and other necessary staff.
(l) Transmittal to the Congress of the semi-annual report of the
Inspector General under section 5 of the Inspector General Act.
(m) Establishment of the price of the breast cancer research
special postage stamp under 39 U.S.C. 414 and any semipostal stamp
under 39 U.S.C. 416.
(n) Selection of an independent, certified public accounting firm
to certify the accuracy of Postal Service financial statements as
required by 39 U.S.C. 2008(e).
Sec. 3.5 Delegation of authority by Board.
As authorized by 39 U.S.C. 402, these bylaws delegate to the
Postmaster General the authority to exercise the powers of the Postal
Service to the extent that this delegation of authority does not
conflict with powers reserved to the Governors or to the Board by law,
these bylaws, or resolutions adopted by the Board. Any of the powers
delegated to the Postmaster General by these bylaws may be redelegated
by the Postmaster General to any officer, employee, or agency of the
Postal Service.
[[Page 78986]]
Sec. 3.6 Information furnished to Board--financial and operating
reports.
(a) To enable the Board to monitor the performance of the Postal
Service during the most recent accounting periods for which data are
available, postal management shall furnish the Board (on a monthly
basis) financial and operating statements for the fiscal year to date,
addressing the following categories:
(1) Mail volume by class;
(2) Income and expense by principal categories;
(3) Balance sheet information;
(4) service quality measurements;
(5) productivity measurements (reflecting workload and resource
utilization); and
(6) changes in postal costs.
(b) These statements shall include, where applicable, comparable
figures for the previous year and the current year's plan.
Sec. 3.7 Information furnished to Board--program review.
(a) To enable the Board to review the Postal Service operating
program, postal management shall furnish the Board information on all
aspects of the Postal Service budget plan, including:
(1) The tentative and final annual budgets submitted to the Office
of Management and Budget and the Congress, and amendments to the
budget;
(2) Five-year plans, annual operating and investment plans, and
significant departures from estimates upon which the plans were based;
(3) The need for rate adjustments and the progress of any pending
matters before the Postal Regulatory Commission and related litigation;
and
(4) Debt financing needs, including a review of all borrowings of
the Postal Service from the U.S. Treasury and private sources.
(b) To enable the Board to review the effectiveness of the Postal
Service's equal employment opportunity program, performance data
relating to this program shall be furnished to the Board at least
quarterly. These data shall be categorized in such manner as the Board,
from time to time, specifies.
(c) Postal management shall also regularly furnish the Board
information regarding major programs for improving postal service or
reducing the cost of postal operations.
(d) Management shall furnish to the Board: information regarding
any significant, new program, policy, major modification or initiative;
any plan to offer a significant, new or unique product or system
implementation; or any significant, new project not related directly to
the core business function of the Postal Service. This information
shall be provided to the Board in advance of entering into any
agreement in furtherance of such project. For the purposes of this
paragraph, ``significant'' means a project anticipated to have a
notable or conspicuous impact on corporate visibility or the operating
budget (including increases in expense amounts) or the capital
investment budget. The notification requirement of this paragraph
governs applicable projects regardless of the level of expenditure or
potential liability involved.
Sec. 3.8 Information furnished to Board--special reports.
To insure that the Board receives significant information of
developments meriting its attention, postal management shall bring to
the Board's attention the following matters:
(a) Major developments in personnel areas, including but not
limited to equal employment opportunity, career development and
training, and grade and salary structures.
(b) Major litigation activities. Postal management shall also
notify the Board in a timely manner whenever it proposes to seek review
by any United States Court of Appeals of an adverse judicial or
regulatory decision significantly impacting the Postal Service or
involving a new, novel, or potentially controversial issue.
(c) Any significant changes proposed in the Postal Service's system
of accounts or methods of accounting.
(d) Matters of special importance, including but not limited to
important research and development initiatives, major changes in Postal
Service organization or structure, major law enforcement activities,
and other matters having a significant impact upon the relationship of
the Postal Service with its employees, with any major branch of
Government, or with the general public.
(e) Information concerning any proposed grant of unique or
exclusive licenses to use Postal Service intellectual properties (other
than patents and technical data rights), or any proposed joint venture
involving the use of such property.
(f) Major or significant financial, operational and compliance
reports or studies the Postal Service is required by statute or
regulation to prepare.
(g) Other matters having important policy implications.
Sec. 3.9 Establishment of rates and classes of competitive products
of general applicability.
This section relates to changes in rates or classes of competitive
products of general applicability.
(a) Prior to establishing changes in rates or classes of
competitive products of general applicability, postal management shall
furnish to the Governors the following:
(1) The proposed rate and classification changes; and
(2) Management analysis demonstrating compliance with the standards
of 39 U.S.C. 3633(a).
(b) Pursuant to Sec. 6.6(f) of these bylaws, the Governors shall
issue a written decision on any changes in rates or classes of
competitive products of general applicability, which shall include a
statement as to when the decision becomes effective.
(c) The Secretary shall certify that the vote of the Governors met
the condition set forth in section 6.6(f) of these bylaws.
(d) The Secretary shall cause the decision of the Governors and its
attached analysis, along with the record of the Governors' proceedings
in connection with such decision, to be published in the Federal
Register at least 30 days before the effective date of the changes in
rates or classes of competitive products of general applicability. The
record of the proceedings of the Governors consists of the
certification by the Secretary of the vote of the Governors.
Sec. 3.10. Establishment of rates and classes of competitive products
not of general applicability.
This section relates to changes in rates and classes of competitive
products not of general applicability.
(a) Prior to establishing rates or classes of competitive products
not of general applicability, postal management shall furnish to the
Governors the following:
(1) The proposed changes in rates or ranges of rates, along with
the proposed changes in classes; and
(2) Management analysis demonstrating compliance with the standards
of 39 U.S.C. 3633(a).
(b) Pursuant to Sec. 6.6(f) of these bylaws, the Governors shall
issue a written decision on any changes in rates or classes of
competitive products not of general applicability, which shall include
a statement as to when the decision becomes effective.
(c) The Secretary shall certify that the vote of the Governors met
the condition set forth in Sec. 6.6(f) of these bylaws.
(d) The Secretary shall cause any decision of the Governors under
this
[[Page 78987]]
section, along with the record of any proceedings of the Governors, and
any supporting documentation required by 39 CFR Part 3015, to be filed
with the Postal Regulatory Commission. The record of the proceedings of
the Governors consists of the certification by the Secretary of the
vote of the Governors.
(e) Postal management is authorized to conclude agreements with
customers concerning any rates or classes of competitive products not
of general applicability, provided that any such rates are within the
range, or such classes are within the scope, of a decision of the
Governors then in effect.
PART 4--OFFICIALS (ARTICLE IV)
Sec.
4.1 Chairman.
4.2 Vice Chairman.
4.3 Postmaster General.
4.4 Deputy Postmaster General.
4.5 Assistant Postmasters General, General Counsel, Judicial
Officer, Chief Postal Inspector.
4.6 Secretary of the Board.
Authority: 39 U.S.C. 202-205, 401(2), (10), 402, 1003, 3013,
3686.
Sec. 4.1 Chairman.
(a) The Chairman of the Board of Governors is elected by the
Governors from among the members of the Board. The Chairman:
(1) Shall preside at all regular and special meetings of the Board,
and shall set the agenda for such meetings;
(2) Shall select and appoint the chairman, vice chairman (if any),
and members of any committee properly established by the Board;
(3) Serves a term that commences upon election and expires at the
end of the first annual meeting following the meeting at which he or
she was elected.
(b) If the Postmaster General is elected Chairman of the Board, the
Governors shall also elect one of their number to preside during
proceedings dealing with matters upon which only the Governors may
vote.
(c)(1) Upon the election of a new Chairman of the Board, the
immediate past Chairman shall become Chairman Pro Tempore of the Board,
to preside during the absence of the Chairman and Vice Chairman at any
meeting of the Board during the year or years following the immediate
past Chairman's tenure as Chairman and until another Chairman has been
elected.
(2) The Chairman Pro Tempore shall, at the request of the Chairman
or Vice-Chairman, serve as the representative of the Board of Governors
at conferences, trade shows, ceremonial functions and other meetings
important to Postal Service business.
Sec. 4.2 Vice Chairman.
The Vice Chairman is elected by the Governors from among the
members of the Board and shall perform the duties and exercise the
powers of the Chairman during the Chairman's absence or disability. The
Vice Chairman serves a term that commences upon election and expires at
the end of the first annual meeting following the meeting at which he
or she was elected.
Sec. 4.3 Postmaster General.
The appointment and role of the Postmaster General are described at
39 U.S.C. 202(c), 203. The Governors set the compensation and benefits
of the Postmaster General by resolution, subject to 39 U.S.C. 1003(a)
and 3686.
Sec. 4.4 Deputy Postmaster General.
The appointment and role of the Deputy Postmaster General are
described at 39 U.S.C. 202(d), 203. The Deputy Postmaster General shall
act as Postmaster General during the Postmaster General's absence or
disability, and when a vacancy exists in the office of Postmaster
General. The Governors set the compensation and benefits of the Deputy
Postmaster General, subject to 39 U.S.C. 1003(a) and 3686.
Sec. 4.5 Assistant Postmasters General, General Counsel, Judicial
Officer, Chief Postal Inspector.
There are within the Postal Service a General Counsel, a Judicial
Officer, a Chief Postal Inspector, and such number of officers,
described in 39 U.S.C. 204 as Assistant Postmasters General, whether so
denominated or not, as the Board authorizes by resolution. These
officers are appointed by, and serve at the pleasure of, the Postmaster
General. The Chief Postal Inspector shall report to, and be under the
general supervision of, the Postmaster General. The Postmaster General
shall promptly notify the Governors and both Houses of Congress in
writing if he or she removes the Chief Postal Inspector or transfers
the Chief Postal Inspector to another position or location within the
Postal Service, and shall include in any such notification the reasons
for such removal or transfer.
Sec. 4.6 Secretary of the Board.
The Secretary of the Board of Governors is appointed by the
Governors and serves at the pleasure of the Governors. The Secretary
shall be responsible for carrying out the functions of the Office of
the Board of Governors, under the direction of the Chairman of the
Board. The Secretary shall also issue notices of meetings of the Board
and its committees, keep minutes of these meetings, and take steps
necessary for compliance with all statutes and regulations dealing with
public observation of meetings. The Secretary shall perform all those
duties incident to this office, including those duties assigned by the
Board or by the Chairman of the Board. The Chairman may designate such
assistant secretaries as may be necessary to perform any of the duties
of the Secretary.
PART 5--COMMITTEES (ARTICLE V)
Sec.
5.1 Establishment and appointment.
5.2 Committee procedure.
Authority: 39 U.S.C. 202, 203, 204, 205, 401(2), (10), 1003.
Sec. 5.1 Establishment and appointment.
From time to time the Board may establish by resolution special and
standing committees of one or more members of the Board. The Board
shall specify, in the resolution establishing any committee, whether
the committee is authorized to submit recommendations or preliminary
decisions to the Board, to conduct hearings for the Board, or otherwise
to take action on behalf of the Board. Each committee may exercise only
those duties, functions, and powers prescribed from time to time by the
Board, and the Board may affirm, alter, or revoke any action of any
committee. Each member of the Board may have access to all of the
information and records of any committee at any time. The Chairman of
the Board shall appoint the chairman, vice chairman (if any), and
members of each committee, who serve terms which expire at the end of
each annual meeting. Each committee chairman may assign
responsibilities to members of the committee that are considered
appropriate. The committee chairman, or the chairman's designee, shall
preside at all meetings of the committee.
Sec. 5.2 Committee procedure.
Each committee establishes its own rules of procedure, consistent
with these bylaws, and meets as provided in its rules. A majority of
the members of a committee constitute a quorum.
PART 6--MEETINGS (ARTICLE VI)
Sec
6.1 Regular meetings, annual meeting.
6.2 Special meetings.
6.3 Notice of meetings.
6.4 Attendance by conference telephone call.
6.5 Minutes of meetings.
6.6 Quorum and voting.
[[Page 78988]]
Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3622, 3632; 5
U.S.C. 552b(e), (g).
Sec. 6.1 Regular meetings, annual meeting.
The Board shall meet regularly on a schedule established by the
Board. The first regular meeting of each calendar year is designated as
the annual meeting. Consistent with the provisions of Sec. Sec. 6.6
and 7.5 of these bylaws, the time or place of a regular or annual
meeting may be varied by recorded vote, with the earliest practicable
notice to the Secretary. The Secretary shall distribute to the members
an agenda setting forth the proposed subject matter for any regular or
annual meeting in advance of the meeting.
Sec. 6.2 Special meetings.
Consistent with the provisions of Sec. Sec. 6.6 and 7.5 of these
bylaws, the Chairman may call a special meeting of the Board at any
place in the United States, with the earliest practicable notice to the
other members of the Board and to the Secretary, specifying the time,
date, place, and subject matter of the meeting. Consistent with the
provisions of Sec. Sec. 6.6 and 7.5 of these bylaws, by recorded vote
a majority of the members of the Board may call a special meeting of
the Board at any place in the United States, with the earliest
practicable notice to the other members of the Board and to the
Secretary, specifying the time, date, place and subject matter of the
meeting.
Sec. 6.3 Notice of meetings.
The Chairman or the members of the Board may give the notice
required under Sec. 6.1 or Sec. 6.2 of these bylaws in oral, written,
or e-mail form. Oral notice to a member may be delivered by telephone
and is sufficient if made to the member personally or to a responsible
person in the member's home or office. Any oral notice to a member must
be subsequently confirmed by written or e-mail notice. Written notice
to a member may be delivered by mail addressed to the member's mailing
address of record filed with the Secretary. Notice by e-mail may be
addressed to the member's e-mail address of record filed with the
Secretary. Except for written or e-mail notice confirming a previous
oral notice, a written or e-mail notice must be sent in sufficient time
to reach the address of record at least 2 days before the meeting date
under normal delivery conditions. A member waives notice of any meeting
by attending the meeting, and may otherwise waive notice of any meeting
at any time. No notice--whether oral, written, or e-mail--to the
Secretary is sufficient until actually received by the Secretary. The
Secretary may not waive notice of any meeting.
Sec. 6.4 Attendance by conference telephone call.
For regularly scheduled meetings of the Board, members are expected
to attend in person. Unless prohibited by law or by these bylaws,
however, a member of the Board, under exceptional circumstances, may
participate in a meeting of the Board by conference telephone or
similar communications equipment which enables all persons
participating in the meeting to hear each other and which permits full
compliance with the provisions of these bylaws concerning public
observation of meetings. Attendance at a meeting by this method
constitutes presence at the meeting and a member of the Board may be
paid for his or her participation provided such meeting addresses
substantive, as opposed to procedural or administrative, matters on
which the Board has decisionmaking authority.
Sec. 6.5 Minutes of meetings.
The Secretary shall preserve the minutes of Board meetings prepared
under Sec. 4.6 of these bylaws. After the minutes of any meeting are
approved by the Board, the Secretary shall promptly make available to
the public, in the Corporate Communications Department at Postal
Service Headquarters, or in another place easily accessible to the
public, copies of the minutes, except for those portions which contain
information inappropriate for public disclosure under 5 U.S.C. 552(b)
or 39 U.S.C. 410(c).
Sec. 6.6 Quorum and voting.
As provided by 39 U.S.C. 205(c), the Board acts by resolution upon
a majority vote of those members who attend a meeting in person or by
teleconference. No proxies are allowed in any vote of the members of
the Board. Any 6 members constitute a quorum for the transaction of
business by the Board, except:
(a) In the appointment or removal of the Postmaster General, and in
setting the compensation and benefits of the Postmaster General and
Deputy Postmaster General, 39 U.S.C. 205(c)(1) requires a favorable
vote of an absolute majority of the Governors in office;
(b) In the appointment or removal of the Deputy Postmaster General,
39 U.S.C. 205(c)(2) requires a favorable vote of an absolute majority
of the Governors in office and the Postmaster General;
(c) In the appointment, removal, or in the setting of the
compensation and benefits of the Secretary, Assistant Secretary, or
other necessary staff, a favorable vote of an absolute majority of the
Governors in office is required;
(d) In the determination to close a portion of a meeting or to
withhold information concerning a meeting, 5 U.S.C. 552b(d)(1) requires
a vote of a majority of the entire membership of the Board; and
(e) In the decision to call a meeting with less than a week's
notice, 5 U.S.C. 552b(e)(1) requires a vote of a majority of the
members of the Board. In the decision to change the subject matter of a
meeting, or the determination to open or close a meeting, 5 U.S.C.
552b(e)(2) requires a vote of a majority of the entire membership of
the Board.
(f) In establishing rates or classes of competitive products of
both general and not of general applicability in Sec. Sec. 3.9 and
3.10 of these bylaws, 39 U.S.C. 3632(a) requires the concurrence of a
majority of all of the Governors then holding office.
(g) In removing the Inspector General for cause, 39 U.S.C. 202(e)
requires the written concurrence of at least 7 Governors.
PART 7--PUBLIC OBSERVATION (ARTICLE VII)
Sec.
7.1 Definitions.
7.2 Open meetings.
7.3 Exceptions.
7.4 Procedure for closing a meeting.
7.5 Public notice of meetings, subsequent changes.
7.6 Certification and transcripts of closed meetings.
7.7 Enforcement.
7.8 Open meetings, Freedom of Information, and Privacy of
Information.
Authority: 39 U.S.C. 410; 5 U.S.C. 552b(a)-(m).
Sec. 7.1 Definitions.
For purposes of Sec. Sec. 7.2 through 7.8 of these bylaws:
(a) The term Board means the Board of Governors, and any
subdivision or committee of the Board authorized to take action on
behalf of the Board.
(b) The term meeting means the deliberations of at least the number
of individual members required to take action on behalf of the Board
under Sec. 5.2 or Sec. 6.6 of these bylaws, where such deliberations
determine or result in the joint conduct or disposition of the official
business of the Board. The term ``meeting'' does not include any
procedural deliberations required or permitted by Sec. Sec. 6.1, 6.2,
7.4, or 7.5 of these bylaws.
Sec. 7.2 Open meetings.
(a) It is the policy of the United States, established in section 2
of the
[[Page 78989]]
Government in the Sunshine Act, Public Law 94-409, 90 Stat. 1241, that
the public is entitled to the fullest practicable information regarding
the decisionmaking processes of the Federal Government. The Postal
Service is charged to provide the public with this information while
protecting the rights of individuals and the ability of the Government
to carry out its responsibilities. Accordingly, except as specifically
permitted by statute, every portion of every meeting of the Board of
Governors is open to public observation.
(b) Except as provided in Sec. 7.3 of these bylaws, every portion
of every meeting of the Board is open to public observation. Members of
the Board may not jointly conduct or dispose of business of the Board
without complying with Sec. Sec. 7.2 through 7.8 of these bylaws.
Members of the public may obtain access to documents considered at
meetings to the extent provided in the regulations of the Postal
Service concerning the release of information.
(c) Without the permission of a majority of the Board, no person
may participate in, film, televise, or broadcast any portion of any
meeting of the Board. Any person may electronically record or
photograph a meeting, as long as that action does not tend to impede or
disturb the members of the Board in the performance of their duties, or
members of the public while attempting to attend or observe a meeting
of the Board. The rules and penalties of 39 CFR Part 232, concerning
conduct on postal property, apply with regard to meetings of the Board.
Sec. 7.3 Exceptions.
Section 7.2 of these bylaws does not apply to a portion of a
meeting, and Sec. Sec. 7.4 and 7.5 do not apply to information
concerning the meeting which otherwise would be required to be
disclosed to the public, if the Board properly determines that the
public interest does not require otherwise, and that such portion of
the meeting or the disclosure of such information is likely to:
(a) Disclose matters that are:
(1) Specifically authorized under criteria established by an
Executive order to be kept secret in the interests of national defense
or foreign policy, and
(2) In fact properly classified under that Executive order;
(b) Relate solely to the internal personnel rules and practices of
the Postal Service, including the Postal Service position in
negotiations or consultations with employee organizations.
(c) Disclose matters specifically exempted from disclosure by
statute (other than the Freedom of Information Act, 5 U.S.C. 552),
provided that the statute:
(1) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or
(2) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(d) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential, such as market
information pertinent to Postal Service borrowing or investments,
technical or patent information related to postal mechanization, or
commercial information related to purchases of real estate;
(e) Involve accusing any person of a crime, or formally censuring
any person;
(f) Disclose information of a personal nature, such as personal or
medical data regarding any individual if disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(g) Disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in those
records, but only to the extent that the production of those records or
information would:
(1) Interfere with enforcement proceedings,
(2) Deprive a person of a right to a fair trial or an impartial
adjudication,
(3) Constitute an unwarranted invasion of personal privacy,
(4) Disclose the identity of a confidential source and, in the case
of a record compiled by a criminal law enforcement authority in the
course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential information
furnished only by the confidential source,
(5) Disclose investigative techniques and procedures, or
(6) Endanger the life or physical safety of law enforcement
personnel;
(h) Disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of an agency responsible for the regulation or supervision of
financial institutions;
(i) Disclose information the premature disclosure of which would be
likely significantly to frustrate implementation of a proposed action
of the Board, such as information relating to the negotiation of a
labor contract or proposed Postal Service procurement activity, except
that this provision does not apply in any instance where:
(1) The Postal Service has already disclosed to the public the
content or nature of the proposed action, or
(2) The Postal Service is required by law to make such disclosure
on its own initiative before taking final action on the proposal; or
(j) Specifically concern the issuance of a subpoena by the Postal
Service, or the participation of the Postal Service in a civil action
or proceeding, such as a postal rate or classification proceeding, an
action in a foreign court or international tribunal, or an arbitration,
or the initiation, conduct, or disposition by the Postal Service of a
particular case of formal adjudication under the procedures of 5 U.S.C.
554 or otherwise involving a determination on the record after
opportunity for a hearing.
Sec. 7.4 Procedure for closing a meeting.
(a) A majority of the entire membership of the Board may vote to
close a portion of a meeting or to withhold information concerning a
meeting under the provisions of Sec. 7.3 of these bylaws. The members
shall take a separate vote with respect to each meeting a portion of
which is proposed to be closed to the public, or with respect to any
information which is proposed to be withheld, and shall make every
reasonable effort to take any such vote at least 8 days before the date
of the meeting involved. The members may take a single vote with
respect to a series of meetings, portions of which are proposed to be
closed to the public, or with respect to information concerning the
series, so long as each portion of a meeting in the series involves the
same particular matters, and no portion of any meeting is scheduled to
be held more than 30 days after the initial portion of the first
meeting in the series.
(b) Whenever any person whose interest may be directly affected by
a portion of a meeting requests that the Board close that portion to
the public for any of the reasons referred to in Sec. 7.3(e), (f), or
(g) of these bylaws, upon request of any one of its members the Board
shall vote by recorded vote whether to close that portion of the
meeting.
(c) The Secretary shall record the vote of each member
participating in a vote under paragraph (a) or (b) of this section.
Within 1 day of any vote under paragraph (a) or (b) of this section,
the Secretary shall make publicly available a written copy of the vote
showing the vote of each member on the question. If a portion of a
meeting is to be closed to the public, the Secretary shall, within 1
day of the vote, make publicly available a full written explanation of
the action
[[Page 78990]]
closing the portion, together with a list of all persons expected to
attend the meeting and their affiliation.
Sec. 7.5 Public notice of meetings, subsequent changes.
(a) At least one week before any meeting of the Board, the
Secretary shall publicly announce the time, date, place, and subject
matter of the meeting, whether it is to be open or closed to the
public, and the name and phone number of the official designated by the
Board to respond to requests for information about the meeting.
(b) By a recorded vote, a majority of the members of the Board may
determine that the business of the Board requires a meeting to be
called with less than a week's notice. At the earliest practicable
time, the Secretary shall publicly announce the time, date, place, and
subject matter of the meeting, and whether it is to be open or closed
to the public.
(c) Following the public announcement required by paragraphs (a) or
(b) of this section:
(1) As provided in Sec. 6.1 of these bylaws, the Board may change
the time or place of a meeting. At the earliest practicable time, the
Secretary shall publicly announce the change.
(2) A majority of the entire membership of the Board may change the
subject matter of a meeting, or the determination to open or close a
meeting to the public, if it determines by a recorded vote that the
change is required by the business of the Board and that no earlier
announcement of the change was possible. At the earliest practicable
time, the Secretary shall publicly announce the change, and the vote of
each member upon the change.
(d) Immediately following each public announcement required under
paragraphs (a), (b), or (c) of this section, the Secretary shall submit
for publication in the Federal Register a notice of the time, date,
place, and subject matter of the meeting, whether the meeting is open
or closed, any change in the preceding, and the name and phone number
of the official designated by the Board to respond to requests for
information about the meeting. The Secretary shall also submit the
announcement and information to the Corporate Communications Department
for dissemination to the public.
Sec. 7.6 Certification and transcripts of closed meetings.
(a) At the beginning of every meeting or portion of a meeting
closed under Sec. 7.3(a) through (j) of these bylaws, the General
Counsel shall publicly certify that, in his or her opinion, the meeting
or portion of the meeting may be closed to the public, stating each
relevant exemptive provision. The Secretary shall retain this
certification, together with a statement from the officer presiding at
the meeting which sets forth the time and place of the meeting, and the
persons present.
(b) The Secretary shall arrange for a complete transcript or
electronic recording adequate to record fully the proceedings to be
made of each meeting or portion of a meeting of the Board which is
closed to the public. The Secretary shall maintain a complete verbatim
copy of the transcript, or a complete electronic recording of each
meeting or portion of a meeting closed to the public for at least 2
years after the meeting, or for 1 year after the conclusion of any
Postal Service proceeding with respect to which the meeting was held,
whichever occurs later.
(c) Except for those items of discussion or testimony which the
Board, by a majority vote of those members who are present, determines
to contain information which may be withheld under Sec. 7.3 of these
bylaws, the Secretary shall promptly make available to the public, in
the Corporate Communications Department at Postal Service Headquarters,
or in another place easily accessible to the public, the transcript or
electronic recording of a closed meeting, including the testimony of
any witnesses received at the meeting. The Secretary shall furnish a
copy of this transcript, or a transcription of this electronic
recording disclosing the identity of each speaker, to any person at the
actual cost of duplication or transcription.
Sec. 7.7 Enforcement.
(a) Under 5 U.S.C. 552b(g), any person may bring a proceeding in
the United States Court of Appeals for the District of Columbia to set
aside any provisions of these bylaws which are not in accord with the
requirements of 5 U.S.C. 552b (a)-(f) and to require the promulgation
of provisions that are in accord with those requirements.
(b) Under 5 U.S.C. 552b(h) any person may bring a civil action
against the Board in an appropriate U.S. District Court to obtain
judicial review of the alleged failure of the Board to comply with 5
U.S.C. 552b(a)-(f). The burden is on the Board to sustain its action.
The court may grant appropriate equitable relief, including enjoining
future violations, or ordering the Board to make public information
improperly withheld from the public.
(c) Under 5 U.S.C. 552b(i) the court may assess against any party
reasonable attorney fees and other litigation costs reasonably incurred
by any other party who substantially prevails, except that the court
may assess costs against the plaintiff only if the court finds that he
initiated the suit primarily for frivolous or dilatory purposes.
Sec. 7.8 Open meetings, Freedom of Information, and Privacy of
Information.
The provisions of 5 U.S.C. 552b(c) (1)-(10), enacted by Public Law
94-409, the Government in the Sunshine Act, govern in the case of any
request under the Freedom of Information Act, 5 U.S.C. 552, to copy or
to inspect the transcripts or electronic recordings described in Sec.
7.6 of these bylaws. Nothing in 5 U.S.C. 552b authorizes the Board to
withhold from any individual any record, including the transcripts or
electronic recordings described in Sec. 7.6 of these bylaws, to which
the individual may otherwise have access under 5 U.S.C. 552a, enacted
by the Privacy Act of 1974, Public Law 93-579.
PART 8--[RESERVED]
PART 9--[RESERVED]
PART 10--RULES OF CONDUCT FOR POSTAL SERVICE GOVERNORS (ARTICLE X)
Sec.
10.1 Applicability.
10.2 Advisory service.
10.3 Post-employment activities.
10.4 Financial disclosure reports.
Authority: 39 U.S.C. 401(2), (10).
Sec. 10.1 Applicability.
This part contains rules of conduct for the members of the Board of
Governors of the United States Postal Service. As special employees
within the meaning of 18 U.S.C. 202(a), the members of the Board are
also subject to the Standards of Ethical Conduct for Employees of the
Executive Branch, 5 CFR part 2635, and Postal Service regulations
supplemental thereto, 5 CFR part 7001.
Sec. 10.2 Advisory service.
(a) The General Counsel is the Ethical Conduct Officer of the
Postal Service and the Designated Agency Ethics Official for purposes
of the Ethics in Government Act, as amended, and the implementing
regulations of the Office of Government Ethics, including 5 CFR part
2638.
(b) A Governor may obtain advice and guidance on questions of
conflicts of interest, and may request any ruling provided for by
either the Standards of Ethical Conduct for Employees of the
[[Page 78991]]
Executive Branch, or the Postal Service regulations supplemental
thereto, from the General Counsel or a designated assistant.
(c) If the General Counsel determines that a Governor is engaged in
activity which involves a violation of federal statute or regulation,
including the ethical conduct regulations contained in 5 CFR parts 2635
and 7001, or conduct which creates the appearance of such a violation,
he or she shall bring this to the attention of the Governor or shall
notify the Chairman of the Board of Governors, or the Vice Chairman, as
appropriate.
Sec. 10.3 Post-employment activities.
Governors are subject to the restrictions on the post-employment
activities of special Government employees imposed by 18 U.S.C. 207.
Guidance concerning post-employment restrictions applicable to
Governors may be obtained in accordance with section 10.2(b).
Sec. 10.4 Financial disclosure reports.
(a) Requirement of submission of reports. At the time of their
nomination, Governors complete a financial disclosure report which,
under the practice of the Senate Governmental Affairs Committee, is
kept confidential. Because the Director of the Office of Government
Ethics has ruled that Governors who do not perform the duties of their
office for more than 60 days in any calendar year are not required to
file financial disclosure reports that are open to the public,
Governors file non-public reports annually, in accordance with this
section. A Governor who performs the duties of his or her office for
more than 60 days in a particular calendar year is required to file a
public report in accordance with 5 CFR 2634.204(c).
(b) Person with whom reports should be filed and time for filing.
(1) A Governor shall file a financial disclosure report with the
General Counsel on or before May 15 of each year when the Governor has
been in office for more than 60 consecutive calendar days during the
previous year.
(2) The General Counsel may, for good cause shown, grant to a
Governor an extension of up to 45 days. An additional extension of up
to 45 days may be granted by the Director of the Office of Government
Ethics for good cause shown.
(c) Information required to be reported. Each report shall be a
full and complete statement, on the form prescribed by the General
Counsel and the Office of Government Ethics and in accordance with
instructions issued by him or her. The form currently in use is
Standard Form 278.
(d) Reviewing reports. (1) Financial disclosure reports filed in
accordance with the provisions of this section shall, within 60 days
after the date of filing, be reviewed by the General Counsel who shall
either approve the report, or make an initial determination that a
conflict or appearance thereof exists. If the General Counsel
determines initially that a conflict or the appearance of a conflict
exists, he or she shall inform the Governor of his determination.
(2) If the General Counsel considers that additional information is
needed to complete the report or to allow an adequate review to be
conducted, he or she shall request the reporting Governor to furnish
that information by a specified date.
(3) The General Counsel shall refer to the Chairman of the Board of
Governors or the Vice Chairman the name of any Governor he or she has
reasonable cause to believe has wrongfully failed to file a report or
has falsified or wrongfully failed to report required information.
(e) Custody of and public access to reports. (1) Retention of
reports. Each report filed with the General Counsel shall be retained
by him or her for a period of six years. After the six-year period, the
report shall be destroyed unless needed in connection with an
investigation then pending.
(2) Confidentiality of reports. Unless a public report is required
by this section, the financial disclosure reports filed by Governors
shall not be made public.
PART 11--ADVISORY BOARDS (ARTICLE XI)
Authority: 39 U.S.C. 202, 205, 401(2), (10), 402, 403.
Sec. 11.1 Establishment.
The Board of Governors may create such advisory boards as it may
deem appropriate and may appoint persons to serve thereon or may
delegate such latter authority to the Postmaster General.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E8-30020 Filed 12-23-08; 8:45 am]
BILLING CODE 7710-12-P