[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