Bylaws of the Board of Governors of the United States Postal Service
| Published date | 18 February 2021 |
| Citation | 86 FR 10011 |
| Record Number | 2021-00485 |
| Section | Rules and Regulations |
| Court | Postal Service |
Federal Register, Volume 86 Issue 31 (Thursday, February 18, 2021)
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10011-10015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00485]
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POSTAL SERVICE
39 CFR Parts 2, 3, 4, 6, 7, and 10
Bylaws of the Board of Governors of the United States Postal
Service
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Bylaws of the Board of Governors are being amended to
address a variety of issues. Many of the amendments are designed to
clarify, in both form and substance, existing provisions, and also to
increase their accuracy and align them to current practice. Additions
and deletions have also been made to better conform the Bylaws to
existing law.
DATES: This rule is effective as of February 18, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Elston, Secretary of the
Board of Governors, [email protected], 202-268-4800.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 2020, the Board of Governors approved the following
amendments to its Bylaws to address a
[[Page 10012]]
variety of issues. Many of the amendments are designed to clarify, in
both form and substance, existing provisions, and also to increase
their accuracy and align them to current practice. Additions and
deletions have also been made to better conform the Bylaws to existing
law. Among other things, the amendments also clarify that the Governors
are ultimately responsible for adjusting rates, and that the Postal
Regulatory Commission's role is to review those rate adjustments.
Additions have been made to expand the information to which the
Governors have regular access and to clarify that any additional
information can be requested as needed. A new section has been added to
govern situations in which there are an insufficient number of
Governors to constitute a quorum.
List of Subjects
39 CFR Part 2
General and Technical Provisions.
39 CFR Part 3
Board of Governors.
39 CFR Part 4
Officials.
39 CFR Part 6
Meetings.
39 CFR Part 7
Public Observation.
39 CFR Part 10
Rules of Conduct for Postal Service Governors.
For the reasons stated in the preamble, the Postal Service amends
39 CFR chapter I as follows:
PART 2--GENERAL AND TECHNICAL PROVISIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 39 U.S.C. 202, 203, 205(c), 207, 401(2); 5 U.S.C.
552b(f), (g).
0
2. Revise Sec. 2.1 to read as follows:
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, led by the Secretary of the Board, 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.
0
3. Revise Sec. 2.6 to read as follows:
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 five (5) business days before the meeting.
The members of the Board may waive the five (5) business 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
0
4. The authority citation for part 3 continues to read as follows:
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).
0
5. Revise Sec. 3.2 to read as follows:
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 meetings of the Board and its Committees.
Compensation is provided for not more than 42 days of meetings per
year.
0
6. Amend Sec. 3.3 by revising paragraphs (b), and (d) through (n) to
read as follows:
Sec. 3.3 Matters reserved for decision by the Board.
* * * * *
(b) Approval of the annual Postal Service Integrated Financial
Plan, which shall include the Financing Plan, the Operating Plan, and
the Capital Plan.
* * * * *
(d) 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.
(e) 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.
(f) 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).
(g) 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, pursuant to 39 U.S.C.
3661.
(h) 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.
(i) Compensation and benefits of officers the Postal Service whose
positions are included in Level II of the Postal Career Executive
Service.
(j) 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.
(k) 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.
(l) Approval and transmittal to the President and the Congress of
the Annual Report to Congress, which shall include the annual report of
the Postmaster General under 39 U.S.C. 2402, the comprehensive
statement of the Postal Service under 39 U.S.C. 2401(e), the Postal
Service's annual performance plan under 39 U.S.C. 2803, and the Postal
Service's report on program performance under 39 U.S.C. 2804.
(m) Approval and transmittal to the President and the Congress of
the Postal Service's strategic plan, pursuant to 39 U.S.C. 2802.
(n) All other matters that the Board may consider appropriate to
reserve for its decision by resolution adopted by the Board, pursuant
to Sec. 3.5.
* * * * *
0
7. Amend Sec. 3.4 by revising paragraphs (e), (k), and (m) to read as
follows:
[[Page 10013]]
Sec. 3.4 Matters reserved for decision by the Governors.
* * * * *
(e) Authorization of the Postal Service to adjust the rates and
fees for market dominant products and to seek the Postal Regulatory
Commission's review of the adjusted rates or fees for such products
under 39 U.S.C. 3622.
* * * * *
(k) Compensation and benefits, term of service, and appointment/
removal of the Secretary of the Board and other necessary staff, which
shall be considered annually in closed session.
* * * * *
(m) Establishment of the price of any special postage stamp under
39 U.S.C. 414 and any semi-postal stamp under 39 U.S.C. 416 or any act
of Congress.
* * * * *
0
8. Amend Sec. 3.6 by revising paragraphs (a) introductory text, (a)(4)
and (5) and adding paragraph (c) to read as follows:
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 quarterly
basis) financial and operating statements for the fiscal year to date,
addressing the following categories:
* * * * *
(4) Statement of cash flow; and
(5) Service quality measurements;
* * * * *
(c) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
0
9. Amend Sec. 3.7 by revising paragraphs (a)(1), (2), (3), (b), and
(d) and adding paragraphs (e) and (f) to read as follows:
Sec. 3.7 Information furnished to Board--program review.
(a) * * *
(1) Five-year and ten-year plans, annual operating and investment
plans, and significant departures from estimates upon which the plans
were based;
(2) Productivity measurements (reflecting workload and resource
utilization);
(3) The need for rate adjustments and the outcome of significant
matters before the Postal Regulatory Commission and related litigation;
and
* * * * *
(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.
* * * * *
(d) Postal management shall annually provide the Board with a
summary of the Annual Compliance Report filed with the Postal
Regulatory Commission, which includes data on product costs.
(e) 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 (e), ``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.
(f) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
0
10. Amend Sec. 3.8 by adding paragraph (h) to read as follows:
Sec. 3.8 Information furnished to Board--special reports
* * * * *
(h) At the reasonable request of the Board, Postal management shall
furnish to the Board such other information as the Board deems
necessary.
PART 4--OFFICIALS
0
11. The authority citation for part 4 continues to read as follows:
Authority: 39 U.S.C. 202-205, 401(2), (10), 402, 1003, 3013,
3686.
0
12. Amend Sec. 4.1 by revising paragraph (a)(1) and removing paragraph
(d) to read as follows:
Sec. 4.1 Chairman.
(a) * * *
(1) Shall be elected at the Board's regularly scheduled annual
meeting for a term that commences on December 1 of the calendar year in
which the election occurred, or upon the death, departure or
resignation of the current Chairman, whichever occurs first, and
expires upon the election and installation of a successor Chairman;
* * * * *
0
13. Revise Sec. 4.2 to read as follows:
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 is elected at the Board's regularly scheduled annual
meeting for a term that commences on December 1 of the calendar year in
which the election occurred or upon the death, departure or resignation
of the current Vice Chairman, whichever occurs first, and expires upon
the election and installation of a successor Vice Chairman. In the
event of the Vice Chairman's death, departure or resignation prior to
the election of a successor, the Board, as soon as practicable, shall
elect a new Vice Chairman who shall serve a term that commences
immediately upon election and expires upon the election and
installation of a successor Vice Chairman.
0
14. Revise Sec. 4.5 to read as follows:
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. The Postmaster General's appointment of
the Judicial Officer and any other judges in the Judicial Officer
Department must be ratified by resolution of the Governors.
0
15. Revise Sec. 4.6 by revising it to read as follows:
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
[[Page 10014]]
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. With the concurrence of the Board, the
Chairman may designate the number and general qualifications of such
assistant secretaries or other staff as may be necessary to perform any
of the duties of the Secretary.
PART 6--MEETINGS
0
16. The authority citation for part 6 continues to read as follows:
Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3622, 3632;
5 U.S.C. 552b(e), (g).
0
17. Revise Sec. 6.1 to read as follows:
Sec. 6.1 Regular meetings, annual meeting.
The Board shall meet regularly on a schedule established by the
Board. The first regular meeting in November of each calendar year is
designated as the annual meeting. Consistent with the provisions
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.
0
18. Revise Sec. 6.4 to read as follows:
Sec. 6.4 Attendance.
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, video
conference, 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 decision making authority.
0
19. Amend Sec. 6.6 by revising the introductory text to read as
follows:
Sec. 6.6 Quorum and voting.
As provided by 39 U.S.C. 205(c), and except for matters considered
through the notation voting process described in Sec. 6.7, the Board
acts by resolution upon a majority vote of those members who attend a
meeting in accordance with Sec. 6.4. No proxies are allowed in any
vote of the members of the Board. Any six (6) members constitute a
quorum for the transaction of business by the Board, except:
* * * * *
0
20. Amend Sec. 6.7 by revising paragraph (a) to read as follows:
Sec. 6.7 Notation voting.
(a) General. Notation voting consists of the circulation of
physical or electronic written memoranda and voting sheets to each
member of the Board simultaneously and the tabulation of submitted
responses. Notation voting may be used only for routine, non-
controversial, or administrative matters.
* * * * *
0
21. Add Sec. 6.8 to read as follows:
Sec. 6.8 Delegation of Authority for Continuity of Operations.
When, by reason of death, incapacity, or disruption of
transportation and communications, a quorum of the Board of Governors
cannot reasonably be assembled, or when vacancies on the Board make it
impossible for a quorum to assemble, the remaining members of the Board
who are able to assemble are constituted a Temporary Emergency
Committee of the Board of Governors. The Chairman or Vice Chairman of
the Board, or in their absence any available member of the Board, may
convene a meeting of such Temporary Emergency Committee for the
consideration of such business as may be needed to provide for
continuity of operations for the duration of the emergency, or for the
duration of the period of time in which vacancies on the Board prevent
a quorum from being assembled. The powers reserved to the Board under
Sec. 3.3 of these bylaws necessary to provide for continuity of
operations are delegated to the Committee, which may exercise such
powers until such time as sufficient members of the Board are again
available to enable the Board to convene.
PART 7--PUBLIC OBSERVATION
0
22. The authority citation for part 7 continues to read as follows:
Authority: 39 U.S.C. 410; 5 U.S.C. 552b(a)-(m).
0
23. Amend Sec. 7.6 by revising paragraph (a) to read as follows:
Sec. 7.6 Certification and transcripts of closed meetings.
(a) No later than the beginning of every meeting or portion of a
meeting closed under Sec. 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.
* * * * *
PART 10--RULES OF CONDUCT FOR POSTAL SERVICE GOVERNORS
0
24. The authority citation for part 10 continues to read as follows:
Authority: 39 U.S.C. 401(2), (10).
0
25. Revise Sec. 10.1 to read as follows:
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 Government
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.
0
26. Revise Sec. 10.2 to read as follows:
Sec. 10.2 Advisory service.
(a) The Associate General Counsel and Chief Ethics and Compliance
Officer 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 Executive
Branch, or the Postal Service regulations supplemental thereto, from
the Associate General Counsel or a designated assistant.
[[Page 10015]]
(c) If the Associate 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 General Counsel, the Chairman of the Board
of Governors, or the Vice Chairman, as appropriate.
Michael J. Elston,
Secretary of the Board of Governors.
[FR Doc. 2021-00485 Filed 2-17-21; 8:45 am]
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