[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6648 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6648

  To provide for the establishment of the Post Office Consumer Action 
                          Group, Incorporated.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2012

 Mr. Kucinich introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
  To provide for the establishment of the Post Office Consumer Action 
                          Group, Incorporated.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Post Office 
Consumer Action Group Act'' or the ``POCAG Act''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Findings and purposes.
Sec. 3. Establishment of Corporation; membership.
Sec. 4. Authorization of appropriations and allotments of grants.
Sec. 5. Duties, rights, and powers.
Sec. 6. Representation of citizens in proceedings.
Sec. 7. Judicial review of decisions by public bodies; enforcement 
                            actions.
Sec. 8. Representation of members in lawsuits.
Sec. 9. Funding of the Corporation.
Sec. 10. Prohibited acts.
Sec. 11. Board of directors.
Sec. 12. Duties of the board of directors.
Sec. 13. Appointment of interim board of directors.
Sec. 14. Delegates.
Sec. 15. Duties of delegates.
Sec. 16. Election of delegates and directors.
Sec. 17. Qualifications of candidates.
Sec. 18. Nomination.
Sec. 19. Statement of financial interests.
Sec. 20. Statement of personal background and positions.
Sec. 21. Statement of platform.
Sec. 22. Restrictions on and reporting of campaign contributions and 
                            expenditures.
Sec. 23. Election procedures for delegates.
Sec. 24. Election procedures for directors.
Sec. 25. Installation of elected candidates.
Sec. 26. Recall of directors.
Sec. 27. Vacancies on the board of directors.
Sec. 28. Recall of delegates.
Sec. 29. Vacancies of delegates.
Sec. 30. Annual meetings of delegates.
Sec. 31. Officers.
Sec. 32. Executive director.
Sec. 33. Relationship to existing law and policy.
Sec. 34. Corrupt practices and conflicts of interest.
Sec. 35. Penalties.
Sec. 36. Construction.
Sec. 37. Severability.
Sec. 38. Definitions.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Individual action by residential postal users for the 
        purposes of participating in postal matters and communicating 
        their views is rendered impracticable by reason of the 
        disproportionate expense of taking such action.
            (2) Such participation and representation can best be 
        secured by the creation of a permanent, not-for-profit 
        organization which is under the democratic control of its 
        membership, solely responsive to that membership's goals, and 
        funded by voluntary contributions.
            (3) The formation of such an entity by consumers acting 
        voluntarily is impeded because consumers have neither the 
        resources nor an efficient mechanism to contact all residential 
        postal users, raise initial funds, and join such an entity.
            (4) In order to create such an entity, it is necessary to 
        establish a democratically structured organization and to 
        provide for the dissemination, to all postal users, of 
        information as to the formation and purposes of such 
        organization and to provide an efficient means for joining and 
        contributing to such organization.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To assist in establishing adequate and affordable 
        postal service for all residential postal users.
            (2) To foster and encourage active citizen participation in 
        postal matters and to facilitate effective representation and 
        advocacy of the interests of residential postal users before 
        regulatory agencies, Congress, the courts, and other bodies; 
        and, for these purposes, to create a permanent not-for-profit 
        organization.
            (3) To create an efficient funding mechanism for the 
        organization, involving no compulsory burden whatsoever on the 
        taxpayers of the United States, whereby individual residential 
        postal users and others may voluntarily contribute to the 
        organization.
            (4) To ensure that public policies affecting the provision, 
        quality, and cost of postal services fairly reflect the needs 
        and concerns of those users.
            (5) To ensure universal, equal, and adequate access to 
        postal services for all residents of the United States.
            (6) To ensure that the Postal Service provides the highest 
        quality services and products that it can to its customers.
            (7) To ensure that the Postal Service adapts to, and adopts 
        when appropriate, new technologies to meet new customer needs.
            (8) To ensure that the Postal Service remains responsive to 
        its customers.

SEC. 3. ESTABLISHMENT OF CORPORATION; MEMBERSHIP.

    (a) In General.--There is established a not-for-profit corporation 
to be known as the ``Post Office Consumer Action Group, Incorporated''.
    (b) Membership.--The membership of the Corporation shall consist of 
all individuals of 16 years of age or older who have contributed to the 
Corporation at least an annual membership fee at such times as shall be 
set by the board of directors.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND ALLOTMENTS OF GRANTS.

    There is authorized to be appropriated to the Corporation, for the 
purpose of establishing the Corporation, $5,000,000 for the fiscal year 
ending 1 year after the date of the enactment of this Act.

SEC. 5. DUTIES, RIGHTS, AND POWERS.

    (a) Duties.--The Corporation shall have the following duties:
            (1) Represent and promote the interests of individual 
        residential postal users.
            (2) Inform, insofar as possible, all residential postal 
        users about the Corporation, including the procedure for 
        obtaining membership in the Corporation.
            (3) Establish an annual membership fee which shall be set 
        at a level that provides sufficient funding for the Corporation 
        to effectively perform its powers and duties, and is affordable 
        for as many residential postal users as is possible, but not 
        less than $10.
            (4) Have all rights and powers accorded generally to, and 
        be subject to all duties imposed generally upon, not-for-profit 
        membership corporations under the laws of the United States and 
        the District of Columbia.
    (b) Rights and Powers.--The Corporation shall have, in addition to 
those referred to in subsection (a)(4), the following rights and 
powers:
            (1) To solicit and accept gifts, loans, grants, or other 
        aid, in order to support activities concerning the interests of 
        residential postal users, except that the Corporation may not 
        accept gifts, loans, or other aid from the Postal Service or 
        from any governor, employee, or agent, or member of the 
        immediate family of a governor, employee, or agent, of the 
        Postal Service.
            (2) To seek tax-exempt status under Federal law and the 
        laws of the District of Columbia.
            (3) To conduct, support, and assist research, surveys, 
        investigations, planning activities, conferences, demonstration 
        projects, individual counseling of postal users, and public 
        information activities concerning the interests of individual 
        residential postal users.
            (4) To contract for services which cannot reasonably be 
        performed by its employees.
            (5) To represent the interests of individual residential 
        postal users before the Postal Service, the Postal Regulatory 
        Commission, Congress, State legislatures, Federal and State 
        courts, and other agencies.
            (6) To transmit complaints by individual postal users 
        concerning the Postal Service and private postal delivery 
        services to the Postal Service and other appropriate agencies. 
        Any such agency shall promptly inform the Corporation of its 
        response to such complaints.
            (7) To initiate, to intervene as a party, to maintain, or 
        to otherwise participate on behalf of residential postal users 
        in any proceeding which affects the interests of residential 
        postal users.
    (c) Incidental Powers.--The Corporation shall have, in addition to 
the rights and powers enumerated in this Act, such other incidental 
powers as are reasonably necessary for the effective representation of 
the interests of individual residential postal users.
    (d) Restrictions.--The Corporation may not sponsor, endorse, or 
otherwise support, nor may it oppose, any political party or candidacy 
of any person for public office.

SEC. 6. REPRESENTATION OF CITIZENS IN PROCEEDINGS.

    (a) Notification of Impending Proceedings.--The Postal Service, the 
Postal Regulatory Commission, and other agencies which regulate postal 
rates or services, shall notify or cause advance notice to be given to 
the Corporation as to the time, place, and subject of each formal 
proceeding of the agency, in which the Corporation may be eligible to 
participate. The agency shall notify or cause notice to be given to the 
Corporation at least 30 days before the scheduled date of such 
proceeding or within 5 days after the date and calendar for such 
proceeding is fixed, whichever is later. In addition, the agency shall 
give notice or cause notice to be given within 5 days to the 
Corporation of any filed statement proposing to modify or increase 
rates, services, schedule of rates or any other rating rule or to adopt 
or amend any rate or service rule or regulations.
    (b) Intervention and Participation in Proceedings.--
            (1) The Corporation may as a matter of right intervene or 
        otherwise participate in any proceeding of the Postal Service, 
        the Postal Regulatory Commission, or other agency which the 
        Corporation reasonably determines would affect the interests of 
        individual residential postal users.
            (2) The intervention or other participation of the 
        Corporation in any such proceeding will not affect the 
        obligation of the Postal Service, the Postal Regulatory 
        Commission, or other agency to operate in the public interest.
    (c) Conduct of the Proceeding.--When the Corporation intervenes or 
otherwise participates in a proceeding of the Postal Service, the 
Postal Regulatory Commission, or other agency, it shall be subject to 
all laws and rules of procedure generally applicable to the conduct of 
the proceeding and the rights of interveners and participants. The 
Corporation shall have the same rights regarding representation by 
counsel, participation in prehearing conferences, discovery, requests 
for issuance of subpoenas by the agency, stipulation of facts, 
presentation and cross-examination of witnesses, oral and written 
arguments, participation in settlement negotiations, and other aspects 
of the proceeding as are accorded to other interveners under the laws 
of the United States or, in instances in which a proceeding is held by 
State or local public body, under the laws of that State or locality, 
except as otherwise provided in this Act.

SEC. 7. JUDICIAL REVIEW OF DECISIONS BY PUBLIC BODIES; ENFORCEMENT 
              ACTIONS.

    The Corporation shall be deemed to have an interest sufficient to 
maintain, intervene as of right in, or otherwise participate in, any 
civil action, proceeding, or appeal for the review or enforcement of 
any decision by the Postal Service, the Postal Regulatory Commission, 
or other public body, which the Corporation determines would 
substantially affect the interests of individual residential postal 
users.

SEC. 8. REPRESENTATION OF MEMBERS IN LAWSUITS.

    (a) In General.--If the Board or Executive Director reasonably 
determines that bringing a civil action against the Postal Service on 
behalf of any member or group would further the general purposes of 
this Act, the Corporation shall provide the legal services necessary 
and the expert witness services reasonably appropriate for prosecution 
of the action.
    (b) Reimbursement of Expenses.--Any member who receives money due 
to a settlement or judgment attained with assistance in litigation 
provided by the Corporation as described in subsection (a) shall 
reimburse the Corporation for its expenses in the prosecution of the 
action, except that such reimbursement may not exceed 10 percent of the 
money received by the member.

SEC. 9. FUNDING OF THE CORPORATION.

    (a) Corporation Statements.--The Corporation may prepare a 
statement concerning the organization and activities of the 
Corporation, including the purpose, history, nature, structure, and 
achievements of the Corporation, and other matters which may affect the 
interests of individual residential postal users. The statement--
            (1) shall indicate that the statement is not connected to 
        the Postal Service or any governmental agency;
            (2) shall indicate the procedure for becoming a member of 
        the Corporation; and
            (3) shall not contain an individual postal address.
    (b) Opportunity to Challenge Statement.--The Corporation shall 
furnish each such statement to the Postal Service, which will then 
print a quantity of the statements sufficient to provide one copy for 
every residential postal address. Each such statement shall weigh no 
more than 1 ounce. Within 7 days of its receipt, the Postal Service 
shall, if it believes the statement to be false or misleading, have the 
opportunity to challenge the contents of the statement. Should the 
Postal Service challenge the statement, the Postal Regulatory 
Commission shall approve or deny the challenged content after reviewing 
the statement and the basis of the Postal Service's challenge. The 
Commission shall approve the statement if it determines that the 
enclosure (1) is not false and misleading, and (2) contains and is 
limited to the information permitted by paragraph (1). The Commission 
shall be deemed to have approved the statement unless it disapproves of 
the statement within 15 days of receipt.
    (c) Mailing Requirement.--The Postal Service shall, subject to 
subsection (d), deliver to each individual post office or postal 
facility in the United States, a quantity of the mailings, pursuant to 
subsections (a) and (b), which approximately equals the number of 
residential addressees in the region served by the postal facility. 
Individual post offices and postal facilities shall deliver such 
mailings to every residential address in their district during regular 
delivery rounds.
    (d) Alternative Procedure.--The Postal Service may implement a 
procedure for distributing such mailings other than the procedure 
specified in subsection (c), unless such other procedure would be more 
costly to the Corporation or would be a slower or otherwise less 
efficient means of distributing such mailings.
    (e) Timing.--The Postal Service shall be required to distribute 
such mailings within 60 days of the date on which the statement is 
given to the Postal Service by the Corporation.
    (f) Numerical Limitation.--The Postal Service shall not be required 
to deliver more than 4 such mailings pursuant to subsections (c) and 
(d) per fiscal year. This provision shall not affect the obligation of 
the Postal Service to deliver any mailings for the Corporation for 
which the Corporation pays postage fees.
    (g) Costs.--The Postal Service shall bear all costs incurred in 
distributing mailings pursuant to subsections (c) and (d).
    (h) Dispute Resolution.--Any disputes arising from the operations 
of subsections (a) through (g) shall be resolved by negotiations 
between the Corporation and the Postal Service if possible, or by the 
Postal Regulatory Commission. Neither the Postal Service nor the 
Corporation may fail to comply with the provisions of this Act by 
reason of such a dispute.
    (i) Contributions.--An individual may contribute to the Corporation 
by sending a payment to any office of the Corporation. Such individual 
may list the names of additional contributors in such individual's 
household who are 16 years of age or older and the amount each has 
contributed.
    (j) Collection Methods.--The Corporation may establish an online 
system through which it can collect contributions from its members or 
other individuals. This subsection shall not be construed to limit 
other means through which the Corporation may collect funds.
    (k) Solicitation of Additional Contributions.--The Corporation may, 
at its discretion, solicit additional contributions from its members 
via email or other digital or electronic means. This subsection shall 
not be construed to limit other means through which the Corporation may 
collect funds.

SEC. 10. PROHIBITED ACTS.

    (a) Retribution.--No official or employee of the Postal Service, or 
any other public official or employee or officer, or any employee or 
agent of any private mail delivery service may interfere or threaten to 
interfere with or cause any interference with mail delivery to, or 
penalize or threaten to penalize or cause to be penalized, any person 
who contributes to the Corporation or participates in any of its 
activities, in retribution for such contribution or participation.
    (b) Interference etc.--No official or employee of the Postal 
Service, or any other public official or employee or officer, or 
employee or agent of any private postal delivery service may prevent, 
interfere with, or hinder the activities described in this Act.
    (c) List of Contributors.--No person shall use any list of 
contributors to the Corporation, nor any part of such list, for 
purposes other than the conduct of business of the Corporation as 
prescribed in this Act. No person shall disclose any such list or part 
thereof to any other person unless the person has substantial reason to 
believe that such list or part thereof is intended to be used for the 
lawful purposes described in this Act.
    (d) Penalties.--A person who violates subsection (a), (b), or (c) 
shall be subject to a civil penalty of not more than $10,000 for each 
violation.

SEC. 11. BOARD OF DIRECTORS.

    (a) In General.--The affairs of the Corporation shall be managed by 
a board of directors. There shall be 21 directors.
    (b) Terms.--The term of office of elected directors shall be 3 
years and no member shall serve more than 2 consecutive terms. One-
third of the directors first elected to the board shall serve a 1-year 
term; one-third of such directors shall serve a 2-year term; and one-
third of such directors shall serve a full 3-year term. The directors 
shall draw lots upon their installation in office to determine the 
length of their first terms. The term of office of directors appointed 
pursuant to this Act shall end when the first elected directors are 
installed in office.
    (c) Qualifications.--Directors shall meet the qualifications for 
delegates set forth in this Act.
    (d) Compensation.--The directors shall serve without salary, but 
each director may be entitled to reimbursement for actual and necessary 
expenses. The board of directors shall establish standard allowances 
for mileage, room, and meals and the purposes for which such allowances 
may be made and shall determine the reasonableness and necessity for 
such reimbursements.
    (e) Restrictions.--No director nor members of his or her immediate 
family shall, either directly or indirectly, be employed for 
compensation as a staff member or consultant of the Corporation.
    (f) Bonding Requirement.--Any director who shall handle, disburse, 
or receive money on behalf of the Corporation shall be bonded. Such 
bond shall be a cost to the Corporation.
    (g) Duty of Representation.--Each director shall represent the 
interests of residential postal users of the United States.
    (h) Voting.--Each director shall have one vote of the board of 
directors.
    (i) Installation of Directors.--Elected directors shall be 
installed in office by the president of the outgoing board of 
directors.

SEC. 12. DUTIES OF THE BOARD OF DIRECTORS.

    The board of directors shall have the following duties:
            (1) To establish the policies of the Corporation regarding 
        appearances before the Postal Regulatory Commission, other 
        agencies, the courts, and other public bodies, and regarding 
        the activities which the Corporation has the authority to 
        perform under this Act.
            (2) To maintain up-to-date membership rolls, and to keep 
        them in confidence to the extent required by this Act.
            (3) To keep minutes, books, and records, which shall 
        reflect all the acts and transactions of the board of 
        directors, and which shall be open to examination by any member 
        during regular business hours.
            (4) To make all reports, studies, data pertaining to the 
        finances of the Corporation, and other information compiled by 
        the Corporation, available for public inspection during regular 
        business hours.
            (5) To maintain for inspection by membership quarterly 
        statements of the financial and substantive operations of the 
        Corporation.
            (6) To cause the Corporation's books to be audited by a 
        certified public accountant at least once each fiscal year, and 
        to make the audit available to the general public.
            (7) To prepare, as soon as practicable after the close of 
        the Corporation's fiscal year, an annual report of the 
        Corporation's financial and substantive operations to be made 
        available for public inspection.
            (8) To report to the delegates on the past and projected 
        activities and policies of the Corporation.
            (9) To employ an executive director and to direct and 
        supervise his or her activities.
            (10) To hold regular meetings at least once every 3 months 
        on such dates and at such places as it may determine. Special 
        meetings may be called by the president or by at least one-
        quarter of the directors upon at least 5 days' notice. A 
        majority of the directors shall constitute a quorum. All 
        meetings of the board of directors and of its committees and 
        subcommittees shall be open to the public. Complete minutes of 
        the meetings shall be kept.
            (11) To carry out all other duties and responsibilities 
        imposed upon the Corporation and the board of directors by this 
        Act.

SEC. 13. APPOINTMENT OF INTERIM BOARD OF DIRECTORS.

    (a) In General.--Within 60 days after the date of the enactment of 
this Act, the President, the Speaker of the House of Representatives, 
the President pro tempore of the Senate, the majority and minority 
leaders of the House of Representatives, and the majority and minority 
leaders of the Senate shall each appoint 2 interim directors of the 
Corporation to serve until a board of directors is first elected. The 
interim directors shall be installed in office by the President. If the 
Corporation fails to reach a membership of 50,000 persons, defined as 
individuals having contributed $10 or more to the Corporation, within 3 
years of the appointment of the complete interim board of directors, 
the Corporation shall be dissolved after having satisfied its debts, 
liabilities, and obligations, to the extent possible, from funds made 
available to the Corporation.
    (b) Member Criteria.--Individuals considered for appointment to the 
interim board shall have the same qualifications as candidates for the 
permanent board of directors pursuant to this Act, represent, to the 
extent possible, different regions of the United States, and represent 
categories of citizens' organizations including--
            (1) consumer groups;
            (2) organizations representing low-income persons;
            (3) labor unions;
            (4) civil rights groups;
            (5) neighborhood groups; and
            (6) elderly groups.
    (c) Eligibility.--To qualify for nomination or appointment as an 
interim director of the Corporation representing a designated category 
of citizens' organizations, an individual shall be an active officer, 
employee, or member of a citizens' organization within such category or 
previously have been an officer or employee of one or more such 
citizens' organizations within such category for a cumulative period of 
at least 2 years.
    (d) Requirements.--The interim board of directors shall be subject 
to the following requirements:
            (1) Inform the residential postal users of the United 
        States of the existence, nature, and purpose of the 
        Corporation, and encourage residential postal users to join the 
        Corporation's activities and to contribute to the Corporation.
            (2) As soon as possible after appointment, organize for the 
        transaction of business.
            (3) Elect officers.
            (4) Employ such staff as the directors deem necessary to 
        carry out the purpose of this Act.
            (5) Make all necessary preparations for the first election 
        of delegates and directors, oversee the election campaign, and 
        tally the votes.
            (6) Solicit funds for the Corporation.
            (7) Establish the procedure for members of the Corporation 
        to submit their votes in the election of delegates and for 
        delegates to submit their votes in the election of directors.
            (8) Carry out all other duties and exercise all other 
        powers accorded to the board of directors under this Act.

SEC. 14. DELEGATES.

    (a) In General.--The Corporation shall elect one delegate from each 
congressional district in the United States, including the District of 
Columbia.
    (b) Compensation.--The delegates shall serve without salary.
    (c) Terms.--The term of office of delegates shall be 2 years and no 
delegate shall serve more than 2 consecutive terms.
    (d) Restriction.--No delegate nor members of his or her immediate 
family shall, either directly or indirectly, be employed for 
compensation as a staff member or consultant of the Corporation.
    (e) Bonding Requirement.--Any delegate who shall handle, disburse, 
or receive money on behalf of the Corporation shall be bonded. Such 
bond shall be a cost to the Corporation.

SEC. 15. DUTIES OF DELEGATES.

    The delegates shall have the following duties:
            (1) To publicize the activities of the Corporation in their 
        districts.
            (2) To encourage members in their districts to participate 
        in the Corporation's programs and activities.
            (3) To act as a liaison between the board of directors and 
        members in their districts. To transmit to the board of 
        directors comments, writings, and suggestions concerning the 
        Corporation from members in their districts and to inform such 
        members of the board's response to their statements.
            (4) To vote at the annual meeting of delegates and at 
        special meetings of delegates called by the board on matters 
        involving basic changes in the policies and operations of the 
        Corporation. A majority vote of the delegates shall be 
        necessary to institute such changes.
            (5) To vote on other items submitted to delegates by the 
        board of directors at annual and special meetings. A majority 
        vote of the delegates shall indicate approval by the delegates 
        of such items.
            (6) To carry out all other duties and exercise all other 
        powers accorded to delegates under this Act.

SEC. 16. ELECTION OF DELEGATES AND DIRECTORS.

    (a) First Election of Delegates.--Not more than 60 days after the 
membership of the Corporation has reached 50,000 persons, with at least 
100 members in each district, and the Corporation has received $250,000 
in contributions, the interim board of directors shall set a date for 
the first election of delegates and shall notify every member by mail. 
The date set for the election shall be not less than 4 months nor more 
than 6 months after such notification.
    (b) Subsequent Elections of Delegates.--Each general election of 
delegates other than the first election shall be held not less than 11 
months and not more than 14 months after the last preceding general 
election. The date of such elections shall be fixed at least 4 months 
in advance of the date chosen for the election.
    (c) Procedures for Election of Delegates.--The interim board of 
directors, in accordance with this Act, shall establish the procedure 
for members of the Corporation to submit their votes in the election of 
delegates and for delegates to submit their votes in the election of 
directors. All subsequent boards of directors will have the power to 
make changes to these procedures with a majority vote.
    (d) First Elected Board of Directors.--Within 11 months of the 
first election of delegates, the delegates shall elect a board of 
directors, consisting of 21 members. Only delegates shall be eligible 
to run for the board of directors. Any delegate may nominate himself or 
herself or any other delegate for election to the board.
    (e) Subsequent Elections of Directors.--Subsequent elections of 
directors shall be held at not less than 11 months and not more than 13 
months after the last preceding general election. Elections may be held 
at the annual meeting of delegates if the elections would conform to 
the requirement of this subsection.

SEC. 17. QUALIFICATIONS OF CANDIDATES.

    (a) Restrictions.--No present employee, director, consultant, 
attorney, accountant, real estate agent, shareholder, bondholder of the 
Postal Service or the Postal Regulatory Commission shall be eligible to 
be a delegate or director. No delegate or director nor any candidate 
for delegate or director may hold an elective public office or be a 
candidate for an elective public office or be appointed to hold a 
public office.
    (b) Eligibility Requirements for Delegates.--To be eligible for 
election as a delegate, a candidate must satisfy the following:
            (1) Meet the qualifications for candidates.
            (2) Submit a petition for nomination.
            (3) Be a member of the Corporation and resident of the 
        United States district which that individual seeks to represent 
        as a delegate.
            (4) Submit a statement of financial interest and a 
        statement of personal background and position.
            (5) Affirm, under penalty of perjury, that the information 
        contained in the statement of financial interest and personal 
        background and position is true and complete.
    (c) Eligibility Requirements for Directors.--To be eligible for 
election to the board of directors a candidate must satisfy the 
following:
            (1) Meet the qualifications for candidates.
            (2) Be a member of the corporation and a delegate.
            (3) Submit a petition for nomination.
            (4) Submit a statement of financial interest and personal 
        background and position.
            (5) Affirm, under penalty of perjury, that the information 
        contained in the statement of financial interest and personal 
        background and position is true and complete.

SEC. 18. NOMINATION.

    (a) Lists of Current Members.--The interim board of directors and 
every subsequent board of directors shall make available for inspection 
by any member, upon request, a list of the current members in that 
member's district. Pursuant to section 11, no person shall use any list 
of contributors to the Corporation, nor any part of such list, for 
purposes other than the conduct of business of the Corporation as 
prescribed in this Act. No person shall disclose any such list or part 
thereof to any other person unless the person has substantial reason to 
believe that such list or part thereof is intended to be used for the 
lawful purposes described in this Act.
    (b) Candidates for Delegate.--A candidate for election as a 
delegate shall submit to the board, no later than 60 days prior to the 
election, a petition for nomination signed by at least 5 percent of the 
members residing in his or her district. Upon receipt of a member's 
nominating petition, the board of directors shall certify that such 
member is a nominated candidate for delegate.
    (c) Candidates for Director.--A candidate for election as a 
director shall submit to the board, no later than 60 days prior to the 
election, a petition for nomination signed by at least 5 percent of the 
delegates. Upon receipt of a member's nominating petition, the board of 
directors shall certify that such member is a nominated candidate for 
delegate.

SEC. 19. STATEMENT OF FINANCIAL INTERESTS.

    A candidate for election as a delegate or director shall submit to 
the board of directors, not later than 60 days prior to the election, a 
statement of financial interests upon a form provided by the board of 
directors. The statement of financial interests, which shall be open to 
public inspection, shall include the following information:
            (1) The occupation, employer, and position at place of 
        employment of the candidate and of his or her immediate family 
        members.
            (2) A list of all corporate and organizational 
        directorships or other offices, and of all fiduciary positions 
        held in the past 3 years by the candidate and by his or her 
        immediate family members.
            (3) An affirmation, subject to penalty of perjury, that the 
        information contained in the statement of financial interests 
        is true and complete.
            (4) Such other information as the board of directors shall 
        require candidates to disclose, which disclosure is required of 
        other public officials at the time, and shall be in the 
        judgment of the board of directors in the best interests of the 
        Corporation and its members.

SEC. 20. STATEMENT OF PERSONAL BACKGROUND AND POSITIONS.

    A candidate for election as delegate or director shall submit to 
the board, not later than 60 days prior to the election, on a form to 
be provided by the board of directors, a statement concerning his or 
her personal background and positions relating to postal issues or the 
operations of the Corporation. The statement shall contain an 
affirmation, subject to penalty of perjury, that the information 
contained in the statement of personal background is true and complete 
and that the candidate meets the qualifications prescribed for 
delegates and directors.

SEC. 21. STATEMENT OF PLATFORM.

    A candidate for election as a delegate or director shall submit to 
the board, not later than 60 days prior to the election, a 1,000 word, 
or less, description of their platform as a candidate and goals to be 
pursued as a delegate or director if elected.

SEC. 22. RESTRICTIONS ON AND REPORTING OF CAMPAIGN CONTRIBUTIONS AND 
              EXPENDITURES.

    (a) Contribution Amount Limitation.--No candidate for delegate or 
director may accept more than $100 in campaign contributions from any 
person or political committee during the year preceding the date of the 
election.
    (b) Record of Contributions.--Each candidate for election to the 
board of directors or as a delegate shall keep complete records of all 
contributions to his or her campaign of fifty dollars or more during 
the year preceding the election. Such records shall be available for 
inspection by the public.
    (c) Record of Expenditures.--Each candidate shall keep complete 
records of his or her campaign expenditures, and such records shall be 
available for inspection by the public.
    (d) Statement of Contributions.--Each candidate, no earlier than 
the next day succeeding the election and no later than 30 days after 
the election, shall submit to the board of directors, on a form 
provided by the board of directors, an accurate statement of his or her 
campaign contributions accepted and campaign expenses incurred, and 
shall affirm to the board, subject to penalty of perjury, that he or 
she has fully complied with the requirements of this subsection.
    (e) Restriction Rebating to Donors.--No candidate shall accept 
campaign contributions from the Postal Service, the Postal Regulatory 
Commission, any private postal delivery service, or a for-profit 
corporation which has spent more than $1,000,000 on mailings in their 
previous fiscal year.
    (f) Disqualification.--If the board of directors determines that 
the candidate's campaign expenses have exceeded the limits contained in 
this section, the candidate shall be disqualified and may be required 
to pay the expenses incurred by the Corporation in mailing that 
candidate's statement of personal background and position. The 
Corporation may pursue all civil remedies to recover the cost of 
mailing the candidate's statement of personal background and position. 
In the event of disqualification, the board of directors shall call a 
special election to be held not fewer than 4 months and not more than 6 
months after the determination of disqualification.
    (g) Limitation on Use of Campaign Contributions.--No candidate may 
use any campaign contribution for any purpose except for campaign 
expenditures.

SEC. 23. ELECTION PROCEDURES FOR DELEGATES.

    (a) In General.--The board of directors shall send or have sent to 
each member in the district of a candidate for delegate, to be 
postmarked no later than 20 days before the date fixed for a special or 
general election, the following:
            (1) An official ballot listing all candidates for delegate 
        from the member's district who have complied with the 
        requirements of this Act.
            (2) Each such candidate's statement of financial interests.
            (3) Each such candidate's statement of personal background 
        and positions.
            (4) Each such candidate's statement of their platform.
    (b) Voting.--Each residential postal user who is a member of the 
Corporation on the 13th day preceding a special or general election may 
cast a vote in such election by returning his or her official ballot, 
properly marked, to the principal office of the Corporation by 8 p.m. 
of the date fixed for the election. Voting shall be by secret ballot. 
The candidate receiving the greatest number of votes in each district 
shall be declared elected as a delegate.
    (c) Rules.--The board of directors may prescribe rules for the 
conduct of elections and election campaigns not inconsistent with this 
Act.

SEC. 24. ELECTION PROCEDURES FOR DIRECTORS.

    (a) In General.--The board of directors shall send or have sent to 
each delegate, to be postmarked no later than 20 days before the date 
fixed for a special or general election, the following:
            (1) An official ballot listing all candidates for director 
        who have complied with the requirements of this Act.
            (2) Each such candidate's statement of financial interests.
            (3) Each such candidate's statement of personal background 
        and positions.
            (4) Each such candidate's statement of their platform.
    (b) Voting.--Each member of the Corporation who is a delegate on 
the 30th day preceding a special or general election may cast a vote in 
such election by returning his or her official ballot, properly marked, 
to the principal office of the Corporation by 8 p.m. of the date fixed 
for the election, or by casting such vote in person if an election is 
held at an annual or special meeting of delegates. Voting shall be by 
secret ballot.
    (c) Requirements.--Each delegate may vote for a maximum of 21 
candidates for director and may cast only one vote for each candidate. 
If over 21 candidates each receive at least 30 percent of the vote on 
the first ballot, the 21 candidates with the highest number of votes 
shall be elected to the board. If less than 21 candidates receive at 
least 30 percent of the vote on the first ballot, the second ballot 
shall be conducted to elect candidates to the remaining positions on 
the board. If there are 15 or more remaining positions left after the 
first ballot, then the names of the 40 candidates, excluding those 
already elected, who received the highest number of votes in the first 
ballot shall be placed on the second ballot, and the candidates 
receiving the highest number of votes on the second ballot shall be 
elected to the remaining positions. If there are less than 40 
candidates for the remaining positions, the names of all remaining 
candidates shall be placed on the second ballot. If there are less than 
15 remaining positions left after the first ballot, then the names of 
the 25 candidates, excluding those already elected, who received the 
highest number of votes on the first ballot shall be placed on the 
second ballot, and the candidates receiving the highest number of votes 
on the second ballot shall be elected to the remaining positions. If 
there are less than 25 candidates for the remaining positions, the 
names of all remaining candidates shall be placed on the second ballot.
    (d) Rules.--The board of directors may prescribe rules for the 
conduct of elections and election campaigns not inconsistent with this 
Act.

SEC. 25. INSTALLATION OF ELECTED CANDIDATES.

    The president of the board of directors shall install in office 
within 30 days after the election all elected candidates who meet the 
qualifications prescribed in this Act.

SEC. 26. RECALL OF DIRECTORS.

    Upon receipt by the president of the board of directors of a 
petition to recall any director with the valid signatures of at least 
40 percent of the delegates, 40 percent of the members of the district 
from which such director was elected as delegate, or 10 percent of the 
Corporation's total membership, the president shall call a special 
election, to be held not less than 4 months and not more than 6 months 
after receipt of the petition, for the purpose of electing a director 
to serve out the term of the recalled director; except that no petition 
to recall a director may be filed within 6 months of his or her 
election. A director may become a candidate in an election following 
his or her own recall. A director recalled shall continue to serve 
until the installation in office of his or her replacement. A director 
who has been recalled shall be allowed to complete his or her term of 
office as a delegate, unless the petition for recall clearly states 
that its purpose is to recall a person from the office of delegate as 
well as director. No delegate removed from office shall be allowed to 
continue serving as director.

SEC. 27. VACANCIES ON THE BOARD OF DIRECTORS.

    If a director dies, resigns, is disqualified, or otherwise vacates 
his or her office, except as provided in section 24, the board of 
directors shall select, within 3 months, a successor from among the 
delegates for the remainder of the director's term of office. Any 
director may nominate any qualified delegate as successor. The board of 
directors shall select the successor from among those nominated, by a 
two-thirds majority of the remaining directors present and voting. The 
successor shall be installed in office by the president of the board of 
directors.

SEC. 28. RECALL OF DELEGATES.

    Upon receipt by the president of the board of directors of a 
petition to recall any delegate with the valid signatures of at least 
40 percent of the members from such delegate's district, the president 
shall call a special election for the district to be held not less than 
4 months and not more than 6 months after receipt of the petition, for 
the purpose of electing a delegate to serve out the term of the 
recalled delegate; except that no petition to recall a delegate may be 
filed within 6 months of his or her election. A delegate may become a 
candidate in an election following his or her own recall. The delegate 
recalled shall continue to serve until the installment in office of his 
or her successor.

SEC. 29. VACANCIES OF DELEGATES.

    If a delegate dies, resigns, is disqualified, or otherwise vacates 
his or her office, the board of directors shall hold, within 3 months 
of the date on which such vacancy was created, an election in the 
delegate's district for the purpose of electing a successor for the 
remainder of the delegate's term of office. The successor shall be 
installed by the president of the board of directors.

SEC. 30. ANNUAL MEETINGS OF DELEGATES.

    (a) In General.--An annual meeting of delegates shall be held on a 
date and at a place within the United States of America to be 
determined by the board of directors. The board of directors may 
determine that this meeting should be held via a conference call or 
other digital or electronic media.
    (b) Voting Procedures, etc.--All delegates shall be eligible to 
attend, participate in, and vote in the annual meeting of delegates. 
Two-thirds of the delegates shall constitute a quorum. Each delegate 
shall have one vote at such meeting. Should the board of directors 
determine that the annual meeting be held via a conference call or 
other digital or electronic media, the votes of each delegate may be 
cast electronically.
    (c) Agenda Items.--Items may be placed on the meeting's agenda by 
the following methods:
            (1) By request of any director or delegate not less than 5 
        days and not more than 4 months in advance of the date of such 
        meeting.
            (2) By petition containing the valid signatures of at least 
        20 percent of the members of any district or at least one 
        percent of the total membership. Such petition must be filed 
        with the board of directors not less than 2 days and not more 
        than 5 months in advance of the date of such meeting.
    (d) Format.--The form of the annual meeting of delegates shall be 
provided in the laws of the United States and the District of Columbia 
regarding not-for-profit membership corporations.
    (e) Open Meetings.--The annual meeting of delegates shall be open 
to the public. Members shall be given a reasonable opportunity at such 
meeting to present their comments, criticisms and suggestions 
concerning the Corporation, but members may not vote at such meeting.
    (f) Expense of Delegates.--The treasurer shall reimburse delegates 
for actual expenses necessarily incurred by them in the performance of 
their duties and for such expenses only.
    (g) Special Meetings.--The directors may hold a special meeting of 
delegates to consult with delegates on matters concerning the 
Corporation's policies, activities, and operations. The board of 
directors shall set a time and place for a special meeting and shall 
inform every delegate of such time and place not less than 14 days and 
not more than 60 days in advance of the date of such meeting. The 
directors shall be required to call a special meeting when they receive 
a petition containing the valid signatures of over 50 percent of the 
delegates or at least 5 percent of the members or when the majority of 
delegates vote for such a meeting. The meeting shall be held not more 
than 30 days after the filing of such petition or the date of such 
vote.

SEC. 31. OFFICERS.

    (a) In General.--At the first regular meeting of the board of 
directors at which a quorum is present and subsequent to the initial 
appointment of directors, and at the first regular meeting of the board 
of directors at which a quorum is present subsequent to the 
installation of new directors following each annual election, the board 
shall elect by a majority vote of members present and voting from among 
the directors a president, a vice-president, a secretary, and a 
treasurer. The board also has the power to elect a comptroller and such 
other officers as it deems necessary.
    (b) Terms.--Officers shall be installed by the president 
immediately upon their election. The term of office for officers shall 
be one year, except that an officer may resign, or may be removed from 
office by a two-thirds vote of all the directors. After an officer's 
term of office has expired, the officer shall continue to serve until 
his or her successor is installed.
    (c) Successors.--If an officer dies, resigns, is removed, or 
otherwise vacates his or her office, the board of directors shall elect 
a successor to serve out such officer's term of office.
    (d) Powers and Duties.--The officers shall exercise such powers and 
perform such duties as are prescribed by this Act or are delegates to 
them by the board of directors.

SEC. 32. EXECUTIVE DIRECTOR.

    (a) In General.--The executive director hired by the board of 
directors shall have the same qualifications as a candidate. The 
executive director may not be a candidate for the board of directors or 
delegate while serving as executive director. The by-laws of the 
Corporation shall provide a method for discharging the executive 
director, but in no event shall such discharge occur unless one-half of 
the directors plus one shall have consented to such discharge.
    (b) Requirements.--The board of directors shall require all 
applicants for the position of executive director of the Corporation to 
file a financial statement. The board of directors shall require the 
executive director to file a financial statement annually.
    (c) Duties.--The executive director shall have the following 
duties:
            (1) To implement the policies of the board of directors.
            (2) To employ and discharge employees of the Corporation.
            (3) To supervise the offices, facilities and work of the 
        employees of the Corporation.
            (4) To have custody of and maintain the books, records and 
        membership rolls of the Corporation.
            (5) To prepare and submit to the board of directors annual 
        and quarterly statements of the financial estimates for the 
        operations of the Corporation.
            (6) To attend and participate in meetings of the board of 
        directors as a non-voting director.
            (7) To exercise such other powers and perform such other 
        duties as the board of directors delegate.

SEC. 33. RELATIONSHIP TO EXISTING LAW AND POLICY.

    (a) In General.--The not-for-profit corporation law of the District 
of Columbia applies to the Corporation, except that if any provision of 
the not-for-profit corporation law conflicts with any provision of this 
Act, the conflicting provision of the not-for-profit law shall not 
apply in such case. If any provision of this Act relates to a matter 
embraced in the not-for-profit corporation law but is not in conflict 
therewith, both provisions shall apply.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to limit the right of any individual or group or class of individuals 
to initiate, intervene in, or otherwise participate in any proceeding 
before any regulatory agency or court; nor to require any petition or 
notification to the Corporation as a condition precedent to such right, 
nor to relieve any postal agency, court or other public body of any 
obligation, or affect its discretion to permit intervention or 
participation by a postal user or class of postal users in any 
proceeding or activity, nor to limit the right of any individual or 
individuals to obtain administrative or judicial review.
    (c) Clarifying Provision.--The intervention or participation of the 
Corporation in a proceeding or activity shall not affect the obligation 
of any regulatory agency or other public body to operate in the public 
interest.

SEC. 34. CORRUPT PRACTICES AND CONFLICTS OF INTEREST.

    (a) Donations.--No person may offer or give anything of monetary 
value to any director, delegate, employee, or agent of the Corporation 
if the offer or gift influences, or is intended to influence, the 
action or judgment of the director, employee or agent of the 
Corporation in his or her capacity as director, delegate, employee or 
agent of the Corporation.
    (b) Solicitations, etc.--No director, delegate, employee or agent 
of the Corporation may solicit or accept anything of monetary value 
from any person if their solicitation or acceptance influences, or is 
intended to influence, the official action or judgment of the director, 
employee or agent in his or her capacity as director, employee or agent 
of the Corporation.
    (c) Civil Penalty.--Any person who knowingly and willfully violates 
this section shall be subject to a civil penalty of not more than 
$10,000.
    (d) Removal.--The board of directors shall remove from any 
director, delegate, employee or agent of the Corporation violating the 
provisions of this section.

SEC. 35. PENALTIES.

    A violation of any provision of this Act pertaining to conduct by 
the Postal Service of officers or employees thereof shall be subject to 
a civil penalty of not more than $10,000 for each violation.

SEC. 36. CONSTRUCTION.

    This Act, being necessary for the welfare of the United States and 
its inhabitants, shall be liberally construed to effect its purposes.

SEC. 37. SEVERABILITY.

    If any clause, sentence, paragraph or part of this Act or the 
application thereof be adjudged by a court of competent jurisdiction to 
be invalid, such judgment shall not affect, impair or invalidate the 
remainder, and the application thereof, but shall be confined in its 
operation to the clause, sentence, paragraph or part thereof directly 
involved in the controversy in which such judgment shall have been 
rendered.

SEC. 38. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``individual residential postal user'' means 
        any person who sends or receives letters, packages, and other 
        items through the Postal Service.
            (2) The term ``private mail delivery service'' means any 
        establishment which regularly delivers second-class, third-
        class, fourth-class, overnight, or other category of mail for 
        profit.
            (3) The term ``agency'' means any local, State, or Federal 
        department, commission, office, authority or other public body 
        with the legal authority to establish or alter rates or 
        services for the provision of postal services within the United 
        States.
            (4) The term ``proceeding'' means any formal hearing or 
        meeting conducted by the Postal Service, the Postal Regulatory 
        Commission, or any other agency or subdivision thereof, 
        including a meeting conducted by an administrative law judge, 
        regarding--
                    (A) the establishment or alteration of rates and 
                charges for the provision of postal services within the 
                United States;
                    (B) the promulgation of rules and regulations 
                concerning postal services and other matters that 
                affect the interests of individual residential postal 
                consumers;
                    (C) adjudication of complaints, claims, disputes 
                and petitions of residential postal users; or
                    (D) the gathering of information on matters that 
                affect the interests of individual residential postal 
                consumers.
            (5) The term ``Corporation'' means the Post Office Consumer 
        Action Group, Incorporated.
            (6) The term ``member'' means any person who meets the 
        requirements for membership in the Corporation set forth in 
        this Act.
            (7) The term ``director'' means any member of the 
        Corporation duly elected or appointed to the board of directors 
        of the Corporation.
            (8) The term ``delegate'' means any person duly elected or 
        appointed as a delegate under this Act.
            (9) The term ``district'' means a district designated by 
        the board of directors pursuant to this Act.
            (10) The term ``campaign expenditure'' means a purchase, 
        payment, distribution, loan, advance, deposit, or gift of money 
        or anything of value, made for the purpose of electing a 
        candidate as a director or delegate, or a contract, promise, or 
        agreement therefore.
            (11) The term ``campaign contribution'' means money, goods, 
        services, or other benefits paid, made, loaned, given, 
        conferred, or promised, including but not limited to, use of 
        office space, telephones, equipment, staff services and 
        provisions of meals, drinks, entertainment, services or 
        transportation made for the purpose of electing a candidate as 
        a director or delegate.
            (12) The term ``political committee'' means any committee, 
        club, association, or other group of persons which makes 
        campaign expenditures or receives campaign contributions during 
        the year before an election of directors or delegates.
            (13) The term ``Postal Service'' means the United States 
        Postal Service.
                                 <all>