Nonpartisan Postmaster General Act

II 116TH CONGRESS 2D SESSION S. 4561 To clarify and increase the restrictions on political activities that are applica- ble to the members of the Board of Governors of the United States Postal Service, including the Postmaster General and the Deputy Post- master General, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 10, 2020 Mr. PETERS (for himself, Mr. MANCHIN, Ms. KLOBUCHAR, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To clarify and increase the restrictions on political activities that are applicable to the members of the Board of Governors of the United States Postal Service, including the Postmaster General and the Deputy Postmaster Gen- eral, and for other purposes. 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’’. 5 VerDate Sep 11 2014 18:12 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4561.IS S4561 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4561 IS SEC. 2. LIMITATIONS ON POLITICAL ACTIVITIES OF UNITED 1 STATES POSTAL SERVICE OFFICERS. 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: 6 ‘‘(e) HATCH ACT OFFICER APPLICABILITY.—For the 7 purposes of applying subchapter III of chapter 73 of title 8 5, and any regulations thereunder, to the Postal Service 9 pursuant to subsection (b)(1) of this section, the following 10 are deemed to be employees of the Postal Service: 11 ‘‘(1) The Postmaster General. 12 ‘‘(2) The Deputy Postmaster General. 13 ‘‘(3) Any individual holding a position in the 14 Postal Service to which the individual was appointed 15 by the President, by and with the advice and consent 16 of the Senate, including a Governor appointed under 17 section 202 of this title.’’. 18 (2) FURTHER RESTRICTED EMPLOYEES.—Sec- 19 tion 7323(b)(2)(B) of title 5, United States Code, is 20 amended— 21 (A) in clause (i), by striking ‘‘or’’ at the 22 end; 23 (B) in clause (ii), by striking the period at 24 the end and inserting ‘‘; and’’; and 25 (C) by adding at the end the following: 26 VerDate Sep 11 2014 18:12 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4561.IS S4561 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4561 IS ‘‘(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 (1) in subsection (c)— 5 (A) by striking ‘‘The Governors shall’’ and 6 inserting ‘‘(1) The Governors shall’’; and 7 (B) by adding at the end the following: 8 ‘‘(2) The Governors may appoint as the Postmaster 9 General only an individual who has not held a political 10 position at any time during the 4-year period ending on 11 the date on which the individual is so appointed.’’; 12 (2) in subsection (d)— 13 (A) by striking ‘‘The Governors and the 14 Postmaster General shall’’ and inserting ‘‘(1) 15 The Governors and the Postmaster General 16 shall’’; and 17 (B) by adding at the end the following: 18 ‘‘(2) The Governors and the Postmaster General may 19 appoint as the Deputy Postmaster General only an indi- 20 vidual who has not held a political position at any time 21 during the 4-year period ending on the date on which the 22 individual is so appointed.’’; and 23 (3) by adding at the end the following: 24 VerDate Sep 11 2014 18:12 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4561.IS S4561 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4561 IS ‘‘(f) POLITICAL POSITIONS AND ACTIVITIES PROHIB- 1 ITED.—While serving as a member of the Board, an indi- 2 vidual may not— 3 ‘‘(1) hold a political position; or 4 ‘‘(2) solicit funds for— 5 ‘‘(A) the campaign of a candidate for elec- 6 tion for a Federal, State, or local elected office; 7 or 8 ‘‘(B) a Federal, State, or local political 9 party. 10 ‘‘(g) DEFINITIONS.—For purposes of this section— 11 ‘‘(1) the term ‘hold a political position’ 12 means— 13 ‘‘(A) to hold Federal, State, or local elect- 14 ed office; 15 ‘‘(B) to file paperwork to be a candidate 16 for election for a Federal, State, or local elected 17 office; or 18 ‘‘(C) to be an officer, director, or employee 19 of a Federal, State, or local political party; and 20 ‘‘(2) the term ‘political party’ has the meaning 21 given the term in section 301 of the Federal Elec- 22 tion Campaign Act of 1971 (52 U.S.C. 30101).’’. 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 18:12 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4561.IS S4561 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4561 IS a provision or amendment to any person or circumstance 1 is held to be unconstitutional, the remaining provisions of 2 and amendments made by this Act, and the application 3 of the provision or amendment to any other person or cir- 4 cumstance, shall not be affected thereby. 5 Æ VerDate Sep 11 2014 18:12 Sep 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4561.IS S4561 pamtmann on DSKBC07HB2PROD with BILLS