Nonpartisan Postmaster General Act of 2020

IB Union Calendar No. 462 116TH CONGRESS 2D SESSION H. R. 8109 [Report No. 116–564] 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 AUGUST 25, 2020 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Oversight and Reform OCTOBER 27, 2020 Additional sponsors: Ms. NORTON, Ms. SPEIER, Mr. DEFAZIO, Mr. GOMEZ, Mr. LYNCH, Mr. CLAY, Mr. CONNOLLY, Mrs. LAWRENCE, Ms. PRESSLEY, Ms. WASSERMAN SCHULTZ, Mr. SARBANES, Ms. PORTER, Ms. OCASIO- CORTEZ, Mr. MFUME, Mr. KHANNA, Mr. COOPER, Mr. LOWENTHAL, Mrs. HAYES, Mr. HIGGINS of New York, Ms. WILSON of Florida, Mr. MEEKS, and Mrs. DEMINGS OCTOBER 27, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on August 25, 2020] VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8109 RH 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. VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8109 RH 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 Postmaster 4 General Act of 2020’’. 5 SECTION 2. POSTAL SERVICE OFFICERS’ POLITICAL ACTIVI- 6 TIES LIMITED. 7 (a) HATCH ACT OFFICER APPLICABILITY.— 8 (1) IN GENERAL.—Section 410 of title 39, 9 United States Code, is amended by adding at the end 10 the following new subsection: 11 ‘‘(e) For the purposes of applying subchapter III of 12 chapter 73 of title 5, and any regulations thereunder, to 13 the Postal Service pursuant to subsection (b)(1), the fol- 14 lowing are deemed to be employees of the Postal Service: 15 ‘‘(1) The Postmaster General. 16 ‘‘(2) The Deputy Postmaster General. 17 ‘‘(3) Any individual holding a position in the 18 Postal Service to which such individual was ap- 19 pointed by the President, by and with the advice and 20 consent of the Senate, including a Governor ap- 21 pointed under section 202.’’. 22 (2) FURTHER RESTRICTED EMPLOYEES.—Sec- 23 tion 7323(b)(2)(B) of title 5, United States Code, is 24 amended— 25 VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8109 RH (A) in clause (i)(XIV), by striking ‘‘or’’ at 1 the end; 2 (B) in clause (ii), by striking the period at 3 the end and inserting ‘‘; and’’ ; and 4 (C) by adding at the end the following new 5 clause: 6 ‘‘(iii) a person holding a position described in 7 section 410(e) of title 39.’’. 8 (b) POLITICAL ACTIVITIES OF BOARD MEMBERS.— 9 Section 202 of title 39, United States Code, is amended by 10 adding at the end the following new subsections: 11 ‘‘(f) While serving as a member of the Board, an indi- 12 vidual may not— 13 ‘‘(1) hold a political position; or 14 ‘‘(2) solicit funds for— 15 ‘‘(A) the campaign of a candidate for elec- 16 tion for a Federal, State, or local elected office; 17 or 18 ‘‘(B) a Federal, State, or local political 19 party (as defined in the Federal Election Cam- 20 paign Act of 1971 (52 U.S.C. 30101 et seq.)). 21 ‘‘(g) For purposes of this section, an individual holds 22 a political position if such individual— 23 ‘‘(1) holds Federal, State, or local elected office; 24 VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8109 RH ‘‘(2) files paperwork to be a candidate for elec- 1 tion for a Federal, State, or local elected office; or 2 ‘‘(3) is an officer, director, or employee of a Fed- 3 eral, State, or local political party (as defined in sub- 4 section (f)(2)(B)).’’. 5 (c) SEVERABILITY.—If any provision of this Act, an 6 amendment made by this Act, or the application of such 7 provision or amendment to any person or circumstance is 8 held to be unconstitutional, the remainder of this Act, the 9 amendments made by this Act, and the application of the 10 provisions of such to any person or circumstance shall not 11 be affected thereby. 12 SEC. 3. FINANCIAL DISCLOSURES REQUIRED PRIOR TO AS- 13 SUMING DUTIES OF POSTMASTER GENERAL 14 OR DEPUTY POSTMASTER GENERAL. 15 The Ethics in Government Act of 1978 (5 U.S.C. App) 16 is amended— 17 (1) in section 101(a)— 18 (A) by striking ‘‘(a) Within’’ and inserting 19 ‘‘(a)(1) Within’’; and 20 (B) by adding at the end the following: 21 ‘‘(2)(A) An individual proposed pursuant to section 22 202 of title 39, United States Code, to assume the position 23 of Postmaster General or Deputy Postmaster General shall 24 VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8109 RH file the report required by paragraph (1) before assuming 1 such position. 2 ‘‘(B) An individual proposed for such a position may 3 not carry out any duty of the position until the report sub- 4 mitted by the individual pursuant to subparagraph (A) is 5 reviewed and signed by the Director of the Office of Govern- 6 ment Ethics under section 106(b)(1), and any action taken 7 by that individual in the performance of any function or 8 duty of the applicable position before the date on which such 9 signature occurs shall have no force or effect.’’; and 10 (2) in section 103(b)— 11 (A) by striking ‘‘(b) The President’’ and in- 12 serting ‘‘(b)(1) The President’’; and 13 (B) by adding at the end the following: 14 ‘‘(2) Notwithstanding subsection (a), an individual 15 proposed pursuant to section 202 of title 39, United States 16 Code, to assume the position of Postmaster General or Dep- 17 uty Postmaster General shall file the report required under 18 section 101(a) with the Director of the Office of Government 19 Ethics.’’. 20 VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS Union Calendar No. 462 116TH CONGRESS 2D SESSION H. R. 8109 [Report No. 116–564] 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 Post- master General, and for other purposes. OCTOBER 27, 2020 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 23:29 Oct 27, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H8109.RH H8109 pbinns on DSKJLVW7X2PROD with BILLS