Nonpartisan Postmaster General Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1582 To clarify and increase the restrictions on political activities that are applica- ble to the members of the Postal Service Board of Governors, including the Postmaster General and the Deputy Postmaster General, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To clarify and increase the restrictions on political activities that are applicable to the members of the Postal Service Board of Governors, including the Postmaster General and the Deputy Postmaster General, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Nonpartisan Post- 4 master General Act of 2021’’. 5 VerDate Sep 11 2014 02:52 Apr 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1582.IH H1582 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1582 IH SEC. 2. POSTAL SERVICE OFFICERS’ POLITICAL ACTIVITIES 1 LIMITED. 2 (a) HATCH ACT OFFICER APPLICABILITY.— 3 (1) IN GENERAL.—Section 410 of title 39, 4 United States Code, is amended by adding at the 5 end the following new subsection: 6 ‘‘(e) For the purposes of applying subchapter III of 7 chapter 73 of title 5, and any regulations thereunder, to 8 the Postal Service pursuant to subsection (b)(1), the fol- 9 lowing are deemed to be employees of the Postal Service: 10 ‘‘(1) The Postmaster General. 11 ‘‘(2) The Deputy Postmaster General. 12 ‘‘(3) Any individual holding a position in the 13 Postal Service to which such individual was ap- 14 pointed by the President, by and with the advice and 15 consent of the Senate, including a Governor ap- 16 pointed under section 202.’’. 17 (2) FURTHER RESTRICTED EMPLOYEES.—Sec- 18 tion 7323(b)(2)(B) of title 5, United States Code, is 19 amended— 20 (A) in clause (i)(XIV), by striking ‘‘or’’ at 21 the end; 22 (B) in clause (ii), by striking the period at 23 the end and inserting ‘‘; and’’; and 24 (C) by adding at the end the following new 25 clause: 26 VerDate Sep 11 2014 02:52 Apr 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1582.IH H1582 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1582 IH ‘‘(iii) a person holding a position described in 1 section 410(e) of title 39.’’. 2 (b) POLITICAL ACTIVITIES OF BOARD MEMBERS.— 3 Section 202 of title 39, United States Code, is amended 4 by adding at the end the following new subsections: 5 ‘‘(f) While serving as a member of the Board, an indi- 6 vidual may not— 7 ‘‘(1) hold a political position; or 8 ‘‘(2) solicit funds for— 9 ‘‘(A) the campaign of a candidate for elec- 10 tion for a Federal, State, or local elected office; 11 or 12 ‘‘(B) a Federal, State, or local political 13 party (as defined in the Federal Election Cam- 14 paign Act of 1971 (52 U.S.C. 30101 et seq.)). 15 ‘‘(g) For purposes of this section, an individual holds 16 a political position if such individual— 17 ‘‘(1) holds Federal, State, or local elected office; 18 ‘‘(2) files paperwork to be a candidate for elec- 19 tion for a Federal, State, or local elected office; or 20 ‘‘(3) is an officer, director, or employee of a 21 Federal, State, or local political party (as defined in 22 subsection (f)(2)(B)).’’. 23 (c) SEVERABILITY.—If any provision of this Act, an 24 amendment made by this Act, or the application of such 25 VerDate Sep 11 2014 02:52 Apr 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1582.IH H1582 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1582 IH provision or amendment to any person or circumstance is 1 held to be unconstitutional, the remainder of this Act, the 2 amendments made by this Act, and the application of the 3 provisions of such to any person or circumstance shall not 4 be affected thereby. 5 SEC. 3. FINANCIAL DISCLOSURES REQUIRED PRIOR TO AS- 6 SUMING DUTIES OF POSTMASTER GENERAL 7 OR DEPUTY POSTMASTER GENERAL. 8 The Ethics in Government Act of 1978 (5 U.S.C. 9 App) is amended— 10 (1) in section 101(a)— 11 (A) by striking ‘‘(a) Within’’ and inserting 12 ‘‘(a)(1) Within’’; and 13 (B) by adding at the end the following: 14 ‘‘(2)(A) An individual proposed pursuant to section 15 202 of title 39, United States Code, to assume the position 16 of Postmaster General or Deputy Postmaster General 17 shall file the report required by paragraph (1) before as- 18 suming such position. 19 ‘‘(B) An individual proposed for such a position may 20 not carry out any duty of the position until the report sub- 21 mitted by the individual pursuant to subparagraph (A) is 22 reviewed and signed by the Director of the Office of Gov- 23 ernment Ethics under section 106(b)(1), and any action 24 taken by that individual in the performance of any func- 25 VerDate Sep 11 2014 02:52 Apr 29, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1582.IH H1582 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1582 IH tion or duty of the applicable position before the date on 1 which such signature occurs shall have no force or effect.’’; 2 and 3 (2) in section 103(b)— 4 (A) by striking ‘‘(b) The President’’ and 5 inserting ‘‘(b)(1) The President’’; and 6 (B) by adding at the end the following: 7 ‘‘(2) Notwithstanding subsection (a), an individual 8 proposed pursuant to section 202 of title 39, United 9 States Code, to assume the position of Postmaster General 10 or Deputy Postmaster General shall file the report re- 11 quired under section 101(a) with the Director of the Office 12 of Government Ethics.’’. 13 Æ VerDate Sep 11 2014 02:52 Apr 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1582.IH H1582 pbinns on DSKJLVW7X2PROD with BILLS