[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8109 Reported in House (RH)]

<DOC>





                                                 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 applicable 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]


_______________________________________________________________________

                                 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 purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nonpartisan Postmaster General Act 
of 2020''.

SECTION 2. POSTAL SERVICE OFFICERS' POLITICAL ACTIVITIES LIMITED.

    (a) Hatch Act Officer Applicability.--
            (1) In general.--Section 410 of title 39, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(e) For the purposes of applying subchapter III of chapter 73 of 
title 5, and any regulations thereunder, to the Postal Service pursuant 
to subsection (b)(1), the following are deemed to be employees of the 
Postal Service:
            ``(1) The Postmaster General.
            ``(2) The Deputy Postmaster General.
            ``(3) Any individual holding a position in the Postal 
        Service to which such individual was appointed by the 
        President, by and with the advice and consent of the Senate, 
        including a Governor appointed under section 202.''.
            (2) Further restricted employees.--Section 7323(b)(2)(B) of 
        title 5, United States Code, is amended--
                    (A) in clause (i)(XIV), by striking ``or'' at the 
                end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and'' ; and
                    (C) by adding at the end the following new clause:
            ``(iii) a person holding a position described in section 
        410(e) of title 39.''.
    (b) Political Activities of Board Members.--Section 202 of title 
39, United States Code, is amended by adding at the end the following 
new subsections:
    ``(f) While serving as a member of the Board, an individual may 
not--
            ``(1) hold a political position; or
            ``(2) solicit funds for--
                    ``(A) the campaign of a candidate for election for 
                a Federal, State, or local elected office; or
                    ``(B) a Federal, State, or local political party 
                (as defined in the Federal Election Campaign Act of 
                1971 (52 U.S.C. 30101 et seq.)).
    ``(g) For purposes of this section, an individual holds a political 
position if such individual--
            ``(1) holds Federal, State, or local elected office;
            ``(2) files paperwork to be a candidate for election for a 
        Federal, State, or local elected office; or
            ``(3) is an officer, director, or employee of a Federal, 
        State, or local political party (as defined in subsection 
        (f)(2)(B)).''.
    (c) Severability.--If any provision of this Act, an amendment made 
by this Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder of 
this Act, the amendments made by this Act, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.

SEC. 3. FINANCIAL DISCLOSURES REQUIRED PRIOR TO ASSUMING DUTIES OF 
              POSTMASTER GENERAL OR DEPUTY POSTMASTER GENERAL.

    The Ethics in Government Act of 1978 (5 U.S.C. App) is amended--
            (1) in section 101(a)--
                    (A) by striking ``(a) Within'' and inserting 
                ``(a)(1) Within''; and
                    (B) by adding at the end the following:
    ``(2)(A) An individual proposed pursuant to section 202 of title 
39, United States Code, to assume the position of Postmaster General or 
Deputy Postmaster General shall file the report required by paragraph 
(1) before assuming such position.
    ``(B) An individual proposed for such a position may not carry out 
any duty of the position until the report submitted by the individual 
pursuant to subparagraph (A) is reviewed and signed by the Director of 
the Office of Government Ethics under section 106(b)(1), and any action 
taken by that individual in the performance of any function or duty of 
the applicable position before the date on which such signature occurs 
shall have no force or effect.''; and
            (2) in section 103(b)--
                    (A) by striking ``(b) The President'' and inserting 
                ``(b)(1) The President''; and
                    (B) by adding at the end the following:
    ``(2) Notwithstanding subsection (a), an individual proposed 
pursuant to section 202 of title 39, United States Code, to assume the 
position of Postmaster General or Deputy Postmaster General shall file 
the report required under section 101(a) with the Director of the 
Office of Government Ethics.''.
                                                 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 Postmaster General, and 
                          for other purposes.

_______________________________________________________________________

                            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