Post Office Consumer Action Group Act or the POCAG Act - Establishes as a nonprofit corporation the Post Office Consumer Action Group (POCAG) to represent and promote the interests of individual residential postal users. Grants POCAG the authority to: (1) intervene and participate in regulatory proceedings of the U.S. Postal Service (USPS) and the Postal Regulatory Commission (PRC); and (2) bring civil actions for the review or enforcement of decisions by USPS, PRC, or other public bodies pertaining to postal matters. Sets forth provisions relating to rights and powers of POCAG, its funding and membership structure, and the powers and duties of its board of directors.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line