[House Report 116-564]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-564
======================================================================
NONPARTISAN POSTMASTER GENERAL ACT OF 2020
_______
October 27, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight
and Reform, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8109]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Reform, to whom was referred
the bill (H.R. 8109) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Summary and Purpose of Legislation............................... 3
Background and Need for Legislation.............................. 3
Section by Section Analysis...................................... 4
Legislative History.............................................. 5
Committee Consideration.......................................... 5
Roll Call Votes.................................................. 5
Explanation of Amendments........................................ 8
List of Related Committee Hearings............................... 8
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 8
Statement of General Performance Goals and Objectives............ 8
Application of Law to the Legislative Branch..................... 8
Duplication of Federal Programs.................................. 9
Disclosure of Directed Rule Makings.............................. 9
Federal Advisory Committee Act Statement......................... 9
Unfunded Mandates Reform Act Statement........................... 9
Earmark Identification........................................... 9
Committee Cost Estimate.......................................... 9
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 9
Changes in Existing Law Made by the Bill, as Reported............ 11
Minority Views................................................... 23
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.''.
Summary and Purpose of Legislation
H.R. 8109, the Nonpartisan Postmaster General Act, would
restrict the political activities of the members of the Postal
Service Board of Governors, including the Postmaster General
and the Deputy Postmaster General. Specifically, the bill would
prohibit the Postmaster General and the Deputy Postmaster
General from taking an active part in political management of
political campaigns and prohibit the Governors, the Postmaster
General, and the Deputy Postmaster General from holding any
political position while in office or soliciting funds for the
campaign of a candidate for elected office or for a political
party.
Background and Need for Legislation
Enshrined in the Constitution and entrusted to Congress as
one of its enumerated powers, the United States Postal Service
is one of the oldest agencies in the federal government. Until
recently, the Postal Service has operated in a nonpartisan
manner. Unfortunately, the President installed a Republican
megadonor and bundler as Chairman of the Board of Governors,
and the Board then hired another bundler and Republican
megadonor as Postmaster General.
The Nonpartisan Postmaster General Act would reaffirm the
nonpartisan status of the Postal Service by prohibiting the
Board of Governors, Postmaster General, and Deputy Postmaster
General from engaging in all but private, personal political
activity such as individual donation and voting. In addition,
it would prevent an individual selected to serve as Postmaster
General or Deputy Postmaster General from taking office until
the Office of Government Ethics reviews and certifies
disclosure forms--something already required of the Board of
Governors.
The Nonpartisan Postmaster General Act would reaffirm the
nonpartisan status of the Postal Service by making the Board of
Governors, Postmaster General, and Deputy Postmaster General
further restricted employees under the Hatch Act--prohibiting
them from engaging in all but private, personal political
activity while in office. Prohibited activities would include:
Holding federal, state, or local elected
political office;
Filing paperwork to be a candidate for
federal, state, or local elected office;
Serving as an officer, director, or employee
of a federal, state, or local political party; and
Soliciting funds for campaigns or political
parties.
In addition, it would prevent an individual selected to
serve as Postmaster General or Deputy Postmaster General from
taking office until the Office of Government Ethics reviews and
certifies disclosure forms--something already required of the
Board of Governors.
Over the past several months, sweeping operational and
organization changes at the Postal Service have resulted in
delays in the mail across the country, including in rural
communities, among veterans and seniors, and in blue and red
states alike. Some of these changes include curtailing
overtime, restricting deliveries, eliminating sorting machines,
and removing mailboxes.
Concerns have been raised by both elected officials and
good government organizations about the timing of these changes
so close to a national election and during the coronavirus
crisis. In addition, troubling reports about the process by
which the Postmaster General was chosen and his close ties to
Republican officials and fundraising operations have raised
questions about the ability of Postal Service leadership to
remain impartial and nonpartisan.
When President Trump took office, he installed Robert
Duncan, a longtime Republican megadonor and bundler who
currently heads two Republican PACS, the Senate Leadership Fund
and American Crossroads, which was started by Karl Rove, as
Chairman of the Postal Service Board of Governors.
Postmaster General DeJoy, like Chairman Duncan, is a
longtime Republican megadonor and bundler. In fact, new reports
indicate that he may have engaged in inappropriate behavior by
encouraging his employees to donate to Republican campaigns and
organizations and then paying them back via bonuses. If true,
this would be illegal and cast a pall over the nonpolitical
nature of the Postal Service.
Section-by-Section Analysis
Section 1--The short title of this bill is the ``Nonpartisan Postmaster
5 General Act of 2020''
Section 2--Postal Service Officers' Political Activities Limited
Section 2(a)(1)
Designates the Postmaster General, Deputy Postmaster
General, and any individual who was appointed by the President
with advice and consent of the Senate to a position in the
Postal Service as employees of the Postal Service.
Section 2(a)(2)
Makes the Postmaster General, Deputy Postmaster General,
and any Presidentially appointed and Senate confirmed
individual in the Postal Service further restricted employees
under the Hatch Act.
Section 2(b)
Prohibits members of the Postal Service Board of Governors
from holding political positions and soliciting funds for
campaigns or political parties while in office. Defines an
individual holding a political position as an individual who
holds federal, state, or local elected office; files paperwork
to be a candidate for election for federal, state, or local
elected office; or is an officer, director, or employee of a
federal, state, or local political party.
Section 2(c)
Provides that if any provision of the bill is held to be
unconstitutional, the remainder of the bill will remain in
effect.
Section 3--Financial disclosures required prior to assuming duties of
Postmaster General or Deputy Postmaster General
Provides that any individual chosen by the Postal Service
Board of Governors to serve as Postmaster General or Deputy
Postmaster General may not take office until the individual
submits financial disclosure reports required by the Office of
Government Ethics (OGE) and until those reports have been
approved and certified by OGE.
Legislative History
On August 25, 2020, Representative Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform, introduced H.R.
8109, the Nonpartisan Postmaster General Act. H.R. 8109 was
referred to the Committee on Oversight and Reform. The
Committee discussed the legislation at a Subcommittee on
Government Operations hearing on September 14, 2020. The
Committee considered H.R. 8109 at a business meeting on
September 16, 2020, and ordered the bill as amended favorably
reported by voice vote.
Committee Consideration
On September 16, 2020, the Committee met in open session
and, with a quorum being present, ordered the bill as amended
favorably reported by voice vote.
Roll Call Votes
There were two roll call votes during consideration of H.R.
8109:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Explanation of Amendments
Chairwoman Maloney offered an amendment in the nature of a
substitute (ANS) that made technical changes to the bill. The
ANS passed by voice vote.
Mr. Connolly offered an amendment to the ANS to H.R. 8109
which passed by voice vote. The amendment added section 3 to
the bill relating to financial disclosure requirements.
Mr. Raskin offered an amendment to the ANS to H.R. 8109
which passed by voice vote. The amendment struck a provision in
the original bill relating to the qualification requirements
for the Postmaster General.
Mr. Massie offered an amendment to the ANS to H.R. 8109
which failed on a roll call vote of 18-21. The amendment would
have prohibited picketing or other concerted refusal to work
actions that would slow the delivery of mailed ballots.
Mr. Massie offered an amendment to the ANS to H.R. 8109
which failed on a roll call vote of 18-23. The amendment would
have made all local Postmasters further restricted employees
under the Hatch Act.
Mr. Massie offered an amendment to the ANS to H.R. 8109
which failed on a voice vote. The amendment would have
increased the fines for forging a postmark.
Mr. Hice offered an amendment to the ANS to H.R. 8109 which
failed on a voice vote. The amendment would have prohibited
postal employees from using official time before November 4,
2020.
Mr. Massie on behalf of Ms. Foxx offered an amendment to
H.R. 8109 which failed on a voice vote. The amendment would
have struck section 2(b) from the bill.
List of Related Committee Hearings
The Subcommittee on Government Operations held a hearing on
September 14, 2020, titled ``Postal Update'' at which this bill
was discussed.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the previous section.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is 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.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill would 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. As such, this bill
does not relate to employment or access to public services and
accommodations.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII, no
provision of this bill establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
This bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act
This bill does not establish or authorize the establishment
of an advisory committee within the definition of Section 5(b)
of the appendix to title 5, United States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget Act of
1974, the Committee has included a letter received from the
Congressional Budget Office below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 20, 2020.
Hon. Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 8109, the
Nonpartisan Postmaster General Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 8109 would specify that the Postmaster General, Deputy
Postmaster General, and people within the Postal Services
(USPS) appointed to their position by the President be deemed
as employees of USPS for purposes of federal government's
prohibitions on employee's political activities. Those people
also would be prohibited from taking an active part in
political management or political campaigns. The bill would
prohibit members of the USPS Board of Governors from holding a
political position and from soliciting funds for federal,
state, or local candidates for election or political parties.
Lastly, H.R. 8109 would make the filing of certain financial
disclosures by the Postmaster General and Deputy Postmaster
General a precondition for taking office rather than a post-
appointment requirement. The bill would require those
disclosures to be filed with the Director of the Office of
Government Ethics rather than USPS' designated ethics official.
Using information from USPS, CBO estimates that
implementing the bill would have no effect on USPS' costs and
thus no effect on the federal budget.
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 39, UNITED STATES CODE
* * * * * * *
PART I--GENERAL
* * * * * * *
CHAPTER 2--ORGANIZATION
* * * * * * *
Sec. 202. Board of Governors
(a)(1) The exercise of the power of the Postal Service shall
be directed by a Board of Governors composed of 11 members
appointed in accordance with this section. Nine of the members,
to be known as Governors, shall be appointed by the President,
by and with the advice and consent of the Senate, not more than
5 of whom may be adherents of the same political party. The
Governors shall elect a Chairman from among the members of the
Board. The Governors shall represent the public interest
generally, and shall be chosen solely on the basis of their
experience in the field of public service, law or accounting or
on their demonstrated ability in managing organizations or
corporations (in either the public or private sector) of
substantial size; except that at least 4 of the Governors shall
be chosen solely on the basis of their demonstrated ability in
managing organizations or corporations (in either the public or
private sector) that employ at least 50,000 employees. The
Governors shall not be representatives of specific interests
using the Postal Service, and may be removed only for cause.
Each Governor shall receive a salary of $30,000 a year plus
$300 a day for not more than 42 days of meetings each year and
shall be reimbursed for travel and reasonable expenses incurred
in attending meetings of the Board. Nothing in the preceding
sentence shall be construed to limit the number of days of
meetings each year to 42 days.
(2) In selecting the individuals described in paragraph (1)
for nomination for appointment to the position of Governor, the
President should consult with the Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate.
(b)(1) The terms of the 9 Governors shall be 7 years, except
that the terms of the 9 Governors first taking office shall
expire as designated by the President at the time of
appointment, 1 at the end of 1 year, 1 at the end of 2 years, 1
at the end of 3 years, 1 at the end of 4 years, 1 at the end of
5 years, 1 at the end of 6 years, 1 at the end of 7 years, 1 at
the end of 8 years, and 1 at the end of 9 years, following the
appointment of the first of them. Any Governor appointed to
fill a vacancy before the expiration of the term for which his
predecessor was appointed shall serve for the remainder of such
term. A Governor may continue to serve after the expiration of
his term until his successor has qualified, but not to exceed
one year.
(2) No person may serve more than 2 terms as a Governor.
(c) The Governors shall appoint and shall have the power to
remove the Postmaster General, who shall be a voting member of
the Board. His pay and term of service shall be fixed by the
Governors.
(d) The Governors and the Postmaster General shall appoint
and shall have the power to remove the Deputy Postmaster
General, who shall be a voting member of the Board. His term of
service shall be fixed by the Governors and the Postmaster
General and his pay by the Governors.
(e)(1) The Governors shall appoint and shall have the power
to remove the Inspector General.
(2) The Inspector General shall be appointed--
(A) for a term of 7 years;
(B) without regard to political affiliation; and
(C) solely on the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis,
law, management analysis, public administration, or
investigations.
(3) The Inspector General may at any time be removed upon the
written concurrence of at least 7 Governors, but only for
cause. Nothing in this subsection shall be considered to exempt
the Governors from the requirements of section 8G(e) of the
Inspector General Act of 1978.
(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)).
* * * * * * *
CHAPTER 4--GENERAL AUTHORITY
* * * * * * *
Sec. 410. Application of other laws
(a) Except as provided by subsection (b) of this section, and
except as otherwise provided in this title or insofar as such
laws remain in force as rules or regulations of the Postal
Service, no Federal law dealing with public or Federal
contracts, property, works, officers, employees, budgets, or
funds, including the provisions of chapters 5 and 7 of title 5,
shall apply to the exercise of the powers of the Postal
Service.
(b) The following provisions shall apply to the Postal
Service:
(1) section 552 (public information), section 552a
(records about individuals), section 552b (open
meetings), section 3102 (employment of personal
assistants for blind, deaf, or otherwise handicapped
employees), section 3110 (restrictions on employment of
relatives), section 3333 and chapters 72
(antidiscrimination; right to petition Congress) and 73
(suitability, security, and conduct of employees),
section 5520 (withholding city income or employment
taxes), and section 5532 (dual pay) of title 5, except
that no regulation issued under such chapters or
section shall apply to the Postal Service unless
expressly made applicable;
(2) all provisions of title 18 dealing with the
Postal Service, the mails, and officers or employees of
the Government of the United States;
(3) section 107 of title 20 (known as the Randolph-
Sheppard Act, relating to vending machines operated by
the blind);
(4) the following provisions of title 40:
(A) sections 3114-3116, 3118, 3131, 3133, and
3141-3147; and
(B) chapters 37 and 173;
(5) chapters 65 and 67 of title 41;
(6) sections 2000d, 2000d-1--2000d-4 of title 42
(title VI, the Civil Rights Act of 1964);
(7) section 19 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 668);
(8) the provisions of the Act of August 12, 1968 (42
U.S.C. 4151-4156);
(9) chapter 39 of title 31;
(10) the Inspector General Act of 1978; and
(11) section 5520a of title 5.
(c) Subsection (b)(1) of this section shall not require the
disclosure of--
(1) the name or address, past or present, of any
postal patron;
(2) information of a commercial nature, including
trade secrets, whether or not obtained from a person
outside the Postal Service, which under good business
practice would not be publicly disclosed;
(3) information prepared for use in connection with
the negotiation of collective-bargaining agreements
under chapter 12 of this title or minutes of, or notes
kept during, negotiating sessions conducted under such
chapter;
(4) information prepared for use in connection with
proceedings under chapter 36 of this title;
(5) the reports and memoranda of consultants or
independent contractors except to the extent that they
would be required to be disclosed if prepared within
the Postal Service; and
(6) investigatory files, whether or not considered
closed, compiled for law enforcement purposes except to
the extent available by law to a party other than the
Postal Service.
(d)(1) A lease agreement by the Postal Service for rent of
net interior space in excess of 6,500 square feet in any
building or facility, or part of a building or facility, to be
occupied for purposes of the Postal Service shall include a
provision that all laborers and mechanics employed in the
construction, modification, alteration, repair, painting,
decoration, or other improvement of the building or space
covered by the agreement, or improvement at the site of such
building or facility, shall be paid wages at not less than
those prevailing for similar work in the locality as determined
by the Secretary of Labor under section 3142 of title 40.
(2) The authority and functions of the Secretary of Labor
with respect to labor standards enforcement under
Reorganization Plan numbered 14 of 1950 (title 5, appendix),
and regulations for contractors and subcontractors under
section 3145 of title 40, shall apply to the work under
paragraph (1) of this subsection.
(3) Paragraph (2) of this subsection shall not be construed
to give the Secretary of Labor authority to direct the
cancellation of the lease agreement referred to in paragraph
(1) of this 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.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART F--LABOR-MANAGEMENT AND EMPLOYEE RELATIONS
* * * * * * *
CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
* * * * * * *
SUBCHAPTER III--POLITICAL ACTIVITIES
* * * * * * *
Sec. 7323. Political activity authorized; prohibitions
(a) Subject to the provisions of subsection (b), an employee
may take an active part in political management or in political
campaigns, except an employee may not--
(1) use his official authority or influence for the
purpose of interfering with or affecting the result of
an election;
(2) knowingly solicit, accept, or receive a political
contribution from any person, unless such person is--
(A) a member of the same Federal labor
organization as defined under section 7103(4)
of this title or a Federal employee
organization which as of the date of enactment
of the Hatch Act Reform Amendments of 1993 had
a multicandidate political committee (as
defined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4)));
(B) not a subordinate employee; and
(C) the solicitation is for a contribution to
the multicandidate political committee (as
defined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))) 1 of such Federal labor
organization as defined under section 7103(4)
of this title or a Federal employee
organization which as of the date of the
enactment of the Hatch Act Reform Amendments of
1993 had a multicandidate political committee
(as defined under section 315(a)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))); 1 or
(3) run for the nomination or as a candidate for
election to a partisan political office; or
(4) knowingly solicit or discourage the participation
in any political activity of any person who--
(A) has an application for any compensation,
grant, contract, ruling, license, permit, or
certificate pending before the employing office
of such employee; or
(B) is the subject of or a participant in an
ongoing audit, investigation, or enforcement
action being carried out by the employing
office of such employee.
(b)(1) An employee of the Federal Election Commission (except
one appointed by the President, by and with the advice and
consent of the Senate), may not request or receive from, or
give to, an employee, a Member of Congress, or an officer of a
uniformed service a political contribution.
(2)(A) No employee described under subparagraph (B) (except
one appointed by the President, by and with the advice and
consent of the Senate), may take an active part in political
management or political campaigns.
(B) The provisions of subparagraph (A) shall apply to--
(i) an employee of--
(I) the Federal Election Commission or the
Election Assistance Commission;
(II) the Federal Bureau of Investigation;
(III) the Secret Service;
(IV) the Central Intelligence Agency;
(V) the National Security Council;
(VI) the National Security Agency;
(VII) the Defense Intelligence Agency;
(VIII) the Merit Systems Protection Board;
(IX) the Office of Special Counsel;
(X) the Office of Criminal Investigation of
the Internal Revenue Service;
(XI) the Office of Investigative Programs of
the United States Customs Service;
(XII) the Office of Law Enforcement of the
Bureau of Alcohol, Tobacco, and Firearms;
(XIII) the National Geospatial-Intelligence
Agency; or
(XIV) the Office of the Director of National
Intelligence; [or]
(ii) a person employed in a position described under
section 3132(a)(4), 5372, 5372a, or 5372b of title 5,
United States Code[.]; and
(iii) a person holding a position described in
section 410(e) of title 39.
(3) No employee of the Criminal Division or National Security
Division of the Department of Justice (except one appointed by
the President, by and with the advice and consent of the
Senate), may take an active part in political management or
political campaigns.
(4) For purposes of this subsection, the term ``active part
in political management or in a political campaign'' means
those acts of political management or political campaigning
which were prohibited for employees of the competitive service
before July 19, 1940, by determinations of the Civil Service
Commission under the rules prescribed by the President.
(c) An employee retains the right to vote as he chooses and
to express his opinion on political subjects and candidates.
* * * * * * *
----------
ETHICS IN GOVERNMENT ACT OF 1978
* * * * * * *
TITLE I--FINANCIAL DISCLOSURE REQUIREMENTS OF FEDERAL PERSONNEL
persons required to file
Sec. 101. [(a) Within] (a)(1) Within thirty days of assuming
the position of an officer or employee described in subsection
(f), an individual shall file a report containing the
information described in section 102(b) unless the individual
has left another position described in subsection (f) within
thirty days prior to assuming such new position or has already
filed a report under this title with respect to nomination for
the new position or as a candidate for the position.
(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.
(b)(1) Within five days of the transmittal by the President
to the Senate of the nomination of an individual (other than an
individual nominated for appointment to a position as a Foreign
Service Officer or a grade or rank in the uniformed services
for which the pay grade prescribed by section 201 of title 37,
United States Code, is O-6 or below) to a position, appointment
to which requires the advice and consent of the Senate, such
individual shall file a report containing the information
described in section 102(b). Such individual shall, not later
than the date of the first hearing to consider the nomination
of such individual, make current the report filed pursuant to
this paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received as
of the date which occurs five days before the date of such
hearing. Nothing in this Act shall prevent any Congressional
committee from requesting, as a condition of confirmation, any
additional financial information from any Presidential nominee
whose nomination has been referred to that committee.
(2) An individual whom the President or the President-elect
has publicly announced he intends to nominate to a position may
file the report required by paragraph (1) at any time after
that public announcement, but not later than is required under
the first sentence of such paragraph.
(c) Within thirty days of becoming a candidate as defined in
section 301 of the Federal Campaign Act of 1971, in a calendar
year for nomination or election to the office of President,
Vice President, or Member of Congress, or on or before May 15
of that calendar year, whichever is later, but in no event
later than 30 days before the election, and on or before May 15
of each successive year an individual continues to be a
candidate, an individual other than an incumbent President,
Vice President, or Member of Congress shall file a report
containing the information described in section 102(b).
Notwithstanding the preceding sentence, in any calendar year in
which an individual continues to be a candidate for any office
but all elections for such office relating to such candidacy
were held in prior calendar years, such individual need not
file a report unless he becomes a candidate for another vacancy
in that office or another office during that year.
(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties
of his position or office for a period in excess of sixty days
in that calendar year shall file on or before May 15 of the
succeeding year a report containing the information described
in section 102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a) covering
the preceding calendar year if the report required by
subsection (d) has not been filed and covering the portion of
the calendar year in which such termination occurs up to the
date the individual left such office or position, unless such
individual has accepted employment in another position
described in subsection (f).
(f) The officers and employees referred to in subsections
(a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, United States Code, who
occupies a position classified above GS-15 of the
General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay
is equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule; each member of a uniformed service whose pay
grade is at or in excess of O-7 under section 201 of
title 37, United States Code; and each officer or
employee in any other position determined by the
Director of the Office of Government Ethics to be of
equal classification;
(4) each employee appointed pursuant to section 3105
of title 5, United States Code;
(5) any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government;
(6) the Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule;
(7) the Director of the Office of Government Ethics
and each designated agency ethics official;
(8) any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special government employee) who holds a
commission of appointment from the President;
(9) a Member of Congress as defined under section
109(12);
(10) an officer or employee of the Congress as
defined under section 109(13);
(11) a judicial officer as defined under section
109(10); and
(12) a judicial employee as defined under section
109(8).
(g)(1) Reasonable extensions of time for filing any report
may be granted under procedures prescribed by the supervising
ethics office for each branch, but the total of such extensions
shall not exceed ninety days.
(2)(A) In the case of an individual who is serving in the
Armed Forces, or serving in support of the Armed Forces, in an
area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112 of
the Internal Revenue Code of 1986, the date for the filing of
any report shall be extended so that the date is 180 days after
the later of--
(i) the last day of the individual's service in such
area during such designated period; or
(ii) the last day of the individual's hospitalization
as a result of injury received or disease contracted
while serving in such area.
(B) The Office of Government Ethics, in consultation with the
Secretary of Defense, may prescribe procedures under this
paragraph.
(h) The provisions of subsections (a), (b), and (e) shall not
apply to an individual who, as determined by the designated
agency ethics official or Secretary concerned (or in the case
of a Presidential appointee under subsection (b), the Director
of the Office of Government Ethics), the congressional ethics
committees, or the Judicial Conference, is not reasonably
expected to perform the duties of his office or position for
more than sixty days in a calendar year, except that if such
individual performs the duties of his office or position for
more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b)
shall be filed within fifteen days of the sixtieth day,
and
(2) the report required by subsection (e) shall be
filed as provided in such subsection.
(i) The supervising ethics office for each branch may grant a
publicly available request for a waiver of any reporting
requirement under this section for an individual who is
expected to perform or has performed the duties of his office
or position less than one hundred and thirty days in a calendar
year, but only if the supervising ethics office determines
that--
(1) such individual is not a full-time employee of
the Government,
(2) such individual is able to provide services
specially needed by the Government,
(3) it is unlikely that the individual's outside
employment or financial interests will create a
conflict of interest, and
(4) public financial disclosure by such individual is
not necessary in the circumstances.
* * * * * * *
FILING OF REPORTS
Sec. 103. (a) Except as otherwise provided in this section,
the reports required under this title shall be filed by the
reporting individual with the designated agency ethics official
at the agency by which he is employed (or in the case of an
individual described in section 101(e), was employed) or in
which he will serve. The date any report is received (and the
date of receipt of any supplemental report) shall be noted on
such report by such official.
[(b) The President] (b)(1) The President, the Vice President,
and independent counsel and persons appointed by independent
counsel under chapter 40 of title 28, United States Code, shall
file reports required under this title with the Director of the
Office of Government Ethics.
(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.
(c) Copies of the reports required to be filed under this
title by the Postmaster General, the Deputy Postmaster General,
the Governors of the Board of Governors of the United States
Postal Service, designated agency ethics officials, employees
described in section 105(a)(2)(A) or (B), 106(a)(1)(A) or (B),
or 107(a)(1)(A) or (b)(1)(A)(i), of title 3, United States
Code, candidates for the office of President or Vice President
and officers and employees in (and nominees to) offices or
positions which require confirmation by the Senate or by both
Houses of Congress other than individuals nominated to be
judicial officers and those referred to in subsection (f) shall
be transmitted to the Director of the Office of Government
Ethics. The Director shall forward a copy of the report of each
nominee to the congressional committee considering the
nomination.
(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed in
the Office of Government Ethics and, immediately after being
filed, shall be made available to the public in accordance with
this title.
(e) Each individual identified in section 101(c) who is a
candidate for nomination or election to the Office of President
or Vice President shall file the reports required by this title
with the Federal Election Commission.
(f) Reports required of members of the uniformed services
shall be filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and make
available forms for reporting the information required by this
title.
(h)(1) The reports required under this title shall be filed
by a reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives,
in the case of a Representative in Congress, a Delegate
to Congress, the Resident Commissioner from Puerto
Rico, an officer or employee of the Congress whose
compensation is disbursed by the Chief Administrator
Officer of the House of Representatives, an officer or
employee of the Architect of the Capitol, United States
Capitol Police, the United States Botanic Garden, the
Congressional Budget Office, the Government Printing
Office, the Library of Congress, or the Copyright
Royalty Tribunal (including any individual terminating
service, under section 101(e), in any office or
position referred to in this subclause), or an
individual described in section 101(c) who is a
candidate for nomination or election as a
Representative in Congress, a Delegate to Congress, or
the Resident Commissioner from Puerto Rico; and
(II) the Secretary of the Senate, in the case of a
Senator, an officer or employee of the Congress whose
compensation is disbursed by the Secretary of the
Senate, an officer or employee of the General
Accounting Office, the Office of Technology Assessment,
or the Office of the Attending Physician (including any
individual terminating service, under section 101(e),
in any office or position referred to in this
subclause), or an individual described in section
101(c) who is a candidate for nomination or election as
a Senator; and
(ii) in the case of an officer or employee of the
Congress as described under section 101(f)(10) who is
employed by an agency or commission established in the
legislative branch after the date of the enactment of
the Ethics Reform Act of 1989--
(I) the Secretary of the Senate or the Clerk
of the House of Representatives, as the case
may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such
committee, the Secretary of the Senate for
agencies and commissions established in even
numbered calendar years, and the Clerk of the
House of Representatives for agencies and
commissions established in odd numbered
calendar years; and
(B) the Judicial Conference with regard to a judicial
officer or employee described under paragraphs (11) and
(12) of section 101(f) (including individuals
terminating service in such office or position under
section 101(e) or immediately preceding service in such
office or position).
(2) The date any report is received (and the date of receipt
of any supplemental report) shall be noted on such report by
such committee.
(i)(1) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may be,
to the appropriate State officer designated under section
316(a) of the Federal Election Campaign Act of 1971 of the
State represented by the Member or in which the individual is a
candidate, as the case may be, within the 30-day period
beginning on the day the report is filed with the Clerk or
Secretary.
(2) The requirements of paragraph (1) do not apply to any
report filed under this title which is filed electronically and
for which there is online public access, in accordance with the
systems developed by the Secretary and Sergeant at Arms of the
Senate and the Clerk of the House of Representatives under
section 8(b) of the STOCK Act.
(j)(1) A copy of each report filed under this title with the
Clerk of the House of Representatives shall be sent by the
Clerk to the Committee on Standards of Official Conduct of the
House of Representatives within the 7-day period beginning on
the day the report is filed.
(2) A copy of each report filed under this title with the
Secretary of the Senate shall be sent by the Secretary to the
Select Committee on Ethics of the Senate within the 7-day
period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this title
with respect to candidates for office, the Clerk of the House
of Representatives and the Secretary of the Senate shall avail
themselves of the assistance of the Federal Election
Commission. The Commission shall make available to the Clerk
and the Secretary on a regular basis a complete list of names
and addresses of all candidates registered with the Commission,
and shall cooperate and coordinate its candidate information
and notification program with the Clerk and the Secretary to
the greatest extent possible.
(l) Not later than 30 days after receiving notification of
any transaction required to be reported under section
102(a)(5)(B), but in no case later than 45 days after such
transaction, the following persons, if required to file a
report under any subsection of section 101, subject to any
waivers and exclusions, shall file a report of the transaction:
(1) The President.
(2) The Vice President.
(3) Each officer or employee in the executive branch,
including a special Government employee as defined in
section 202 of title 18, United States Code, who
occupies a position classified above GS-15 of the
General Schedule or, in the case of positions not under
the General Schedule, for which the rate of basic pay
is equal to or greater than 120 percent of the minimum
rate of basic pay payable for GS-15 of the General
Schedule; each member of a uniformed service whose pay
grade is at or in excess of O-7 under section 201 of
title 37, United States Code; and each officer or
employee in any other position determined by the
Director of the Office of Government Ethics to be of
equal classification.
(4) Each employee appointed pursuant to section 3105
of title 5, United States Code.
(5) Any employee not described in paragraph (3) who
is in a position in the executive branch which is
excepted from the competitive service by reason of
being of a confidential or policymaking character,
except that the Director of the Office of Government
Ethics may, by regulation, exclude from the application
of this paragraph any individual, or group of
individuals, who are in such positions, but only in
cases in which the Director determines such exclusion
would not affect adversely the integrity of the
Government or the public's confidence in the integrity
of the Government.
(6) The Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service and each officer or
employee of the United States Postal Service or Postal
Regulatory Commission who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for
GS-15 of the General Schedule.
(7) The Director of the Office of Government Ethics
and each designated agency ethics official.
(8) Any civilian employee not described in paragraph
(3), employed in the Executive Office of the President
(other than a special government employee) who holds a
commission of appointment from the President.
(9) A Member of Congress, as defined under section
109(12).
(10) An officer or employee of the Congress, as
defined under section 109(13).
* * * * * * *
MINORITY VIEWS
Committee Republicans oppose H.R. 8109. This legislation
seeks to legitimize a politically motivated narrative Democrats
have promulgated to sow distrust in the U.S. Postal Service
(USPS) prior to the 2020 elections.
I. H.R. 8109's elevation of USPS leadership to special Hatch Act
requirements is unnecessary and does not take into account the
politically balanced nature of the USPS Board of Governors
H.R. 8109 would unnecessarily broaden the Hatch Act's
applicability to the USPS by designating the postmaster
general, the deputy postmaster general, and members of the USPS
board of governors as ``further restricted employees.''\1\
Further restricted employees are prohibited from taking ``an
active part in political management or political
campaigns.''\2\ The designation as a further restricted
employee is currently limited to employees of the Federal
Election Commission, the intelligence community, the Merit
Systems Protection Board and Office of Special Counsel, certain
judges, and other investigative or law enforcement branches in
the federal government.\3\ These employees are ``responsible
for law enforcement or national security matters, such as the
Federal Bureau of Investigations and the Central Intelligence
Agency, as well as agencies that regulate elections.''\4\
---------------------------------------------------------------------------
\1\H.R. 8109, Sec. 2(a)(2).
\2\5 U.S.C. Sec. 7323(b)(2)(A).
\3\5 U.S.C. Sec. 7323(b)(2)(B).
\4\Whitney K. Novak, Cong. Research Serv., IFII512, The Hatch Act:
A Primer (2020).
---------------------------------------------------------------------------
In other words, further restricted employees under the
Hatch Act are required to avoid political activity because
their positions require the appearance of utmost
nonpartisanship. Such activities include practically any public
political activity whatsoever. H.R. 8109 unnecessarily expands
these restrictions to certain USPS members and indicts current
USPS leadership for non-existent problems and unproven
allegations.
All federal employees (including the postmaster general,
the deputy postmaster general, and presidentially-appointed
members of the board of governors) are already subject to the
broader requirements of the Hatch Act,\5\ which ``regulates the
partisan political activities of most executive branch
employees. . The statute seeks to balance the government's
interest in an efficient and impartial workforce with
employees' rights to participate in the political process.''\6\
All employees subject to the Hatch Act may participate in
partisan political activities ``so long as the employee is not
on duty or in the workplace.''\7\ Only further restricted
employees are restricted from playing an active part in
political management or political campaigns.
---------------------------------------------------------------------------
\5\Id. (``The Act generally defines ``employee'' as any individual
employed or holding office in (A) an ``executive agency'' or (B) a
position within the competitive service that is not in an ``executive
agency.'''').
\6\Id. (emphasis added).
\7\Id.
---------------------------------------------------------------------------
H.R. 8109 seeks to solve a problem that does not exist by
removing partisanship from USPS leadership. The USPS board of
governors, however, is bipartisan by design--not nonpartisan--
and does not need these further prohibitions on the activity of
its members.
The board consists of eleven members, including the
postmaster general and the deputy postmaster general. The nine
other members are ``appointed by the President, by and with the
advice and consent of the Senate, not more than 5 of whom may
be adherents of the same political party.''\8\ The postmaster
general is appointed by the nine presidentially-appointed
members of the board of governors.\9\ The deputy postmaster
general is appointed by the nine-presidentially appointed
members of the board of governors and the postmaster general.
None of the governors are to be ``representatives of specific
interests using the Postal Service[.]''\10\
---------------------------------------------------------------------------
\8\39 U.S.C. Sec. 202(a)(1).
\9\39 U.S.C. Sec. 202(c).
\10\39 U.S.C. Sec. 202(a)(1).
---------------------------------------------------------------------------
The bill sponsors and Committee Democrats have failed to
put forward a serious argument supporting H.R. 8109's
requirements to elevate members of the board of governors, the
postmaster general, or the deputy postmaster general to the
status of further restricted employees similar to leaders of
the FBI, the CIA, or the FEC. In those agencies, the
nonpartisanship of employees is paramount. In contrast, the
partisanship of the members of the board of governors is not
required to be mitigated but, instead, balanced through the
appointment process of a bipartisan board.
A President's prerogative to nominate the board of
governors is balanced by the statutory framework restricting
the board of governors from being made up of more than five
members of the same political party. The USPS is not a law
enforcement, intelligence, or elections oversight agency. Its
management and executives should not be subject to the sort of
political restrictions the further restricted employee status
would entail.
II. H.R. 8109's prohibitions on USPS leadership are unnecessary and
would restrict public servants' rights to fundraise and
participate in the political process
Beyond the Hatch Act amendments, H.R. 8109 also prohibits a
member of the board of governors from either holding political
positions or soliciting funds for a political party or a
campaign for a candidate for elected office.\11\ As described
above, the bill sponsors have failed to explain why
restrictions on fundraising are necessary.
---------------------------------------------------------------------------
\11\H.R. 8109, Sec. 2(b)(3).
---------------------------------------------------------------------------
The board members' partisan viewpoints are already
accounted for in the board's statutory framework. By
restricting membership to a maximum of five members of the same
political party, current law assures a balanced representation
of views. Any restrictions on political activity, whether
through the Hatch Act or direct legislation, must balance the
free speech rights of individuals against the government's
interest in promoting nonpartisanship in certain positions. The
bill sponsors and Committee Democrats have failed to adequately
consider the rights of board of governor members to participate
in the political process.
Republicans do not see an immediate need to prohibit board
members from raising funds for political parties or candidates.
This legislation has been put forward in haste to solve a
problem that does not exist. Congress should not legislate
permanent legal reforms, especially those that further restrict
the political participation of certain American citizens, based
purely on politically motivated and unfounded accusations.
Should a specific issue come to light, it should be dealt with
through existing legal mechanisms and oversight functions.
III. The Democrats refused to accept commonsense amendments to H.R.
8109 during the markup, which is evidence of the unseriousness
of this legislation
On September 15, 2020, the Committee on Oversight and
Reform met to consider and mark up H.R. 8109.\12\ At the
meeting, Republicans offered amendments to the bill with the
intention of balancing the legislation's requirements and
ensuring more likely sources of political bias within USPS
would be covered by the bill. Democrats rejected every
Republican amendment to H.R. 8109 along party lines, thus
demonstrating the narrow political motivations for advancing
the legislation.
---------------------------------------------------------------------------
\12\ Business meeting on Nonpartisan Postmaster General Act (and
other bills) before the H. Comm. on Oversight & Reform, 116th Cong.
(2020).
---------------------------------------------------------------------------
Rep. Thomas Massie (R-KY) introduced an amendment
prohibiting USPS employees and other mail carriers from
picketing or participating in other activities that
demonstrated a ``concerted refusal to work'' prior to the 2020
election. In so doing, this amendment would have protected the
public from one of the most likely ways in which USPS personnel
could impact the election.\13\ Democrats rejected this
amendment 18-21 along party lines.\14\
---------------------------------------------------------------------------
\13\Amend. offered by Rep. Thomas Massie (R-KY) to H.R. 8109
prohibiting striking or hindering the delivery of ballots (Sept. 15,
2020).
\14\Business meeting, supra, note 12.
---------------------------------------------------------------------------
Rep. Massie introduced another amendment that would expand
the further restricted employee status under the Hatch Act to
not only the postmaster general, the deputy postmaster general,
and the other members of the board of governors, but to the
thousands of local postmasters across the nation.\15\ Democrats
rejected this amendment 18-23 along party lines.\16\
---------------------------------------------------------------------------
\15\Amend. offered by Rep. Thomas Massie (R-KY) to H.R. 8109
designating local postmasters further restricted employees under the
Hatch Act (Sept. 15, 2020).
\16\Business meeting, supra, note 12.
---------------------------------------------------------------------------
Democrats have focused all of their scrutiny of USPS on
leadership at headquarters, and specifically at Postmaster
General DeJoy.\17\ However, USPS has given autonomy to the
local postmasters and facility directors throughout the
country. For example, in a briefing delivered to Committee
staff, USPS explained how its recently created programs to
facilitate the movement of election mail (the Ballot Monitoring
program and the Ballot Ambassador program), as well as the
process by which the need for additional resources is evaluated
and requested all take place on the local level with minimal
guidance or input from USPS headquarters.\18\
---------------------------------------------------------------------------
\17\See, e.g., Full Committee Hearing: ``Protecting the Timely
Delivery of Mail, Medicine, and Mail-in Ballots'', H. Comm. on
Oversight & Reform, 116th Cong. (2020) (Note also the title of the bill
at issue).
\18\USPS briefing with staff from the Committee on Oversight and
Reform, September 17, 2020.
---------------------------------------------------------------------------
There is an extraordinary amount of trust placed in
thousands of local postmasters and their handling of election
mail. Rep. Massie's amendment represented a reasonable effort
to focus not only on the highest levels of USPS leadership, but
at the national local leadership officials where direct
tampering with the mail can take place with less direct
accountability to ongoing congressional oversight efforts.
Rep. Massie introduced a third amendment addressing the
criminal law prohibiting counterfeiting and forgery of
postmarking stamps (18 U.S.C. Sec. 503) that would have
increased the penalty for forging or otherwise manipulating an
election mail postmarking from five years to ten years.\19\ The
amendment also imposed a penalty for falsifying the date of a
postmark.\20\ Again, this was a commonsense and nonpartisan
addition to H.R. 8109 that should not be controversial.
Democrats rejected this amendment by a voice vote.\21\
---------------------------------------------------------------------------
\19\Amend. offered by Rep. Thomas Massie (R-KY) to H.R. 8109
imposing greater penalties for the manipulation of postmarks on
election mail (Sept. 15, 2020).
\20\Id.
\21\Business meeting, supra, note 12.
---------------------------------------------------------------------------
Rep. Jody Hice (R-GA) introduced an amendment that would
have prohibited USPS employees from using ``official time,''
which is defined as time used to perform ``representational or
consultative functions, including for a collective bargaining
agreement.''\22\ Like Rep. Massie's amendment before it, this
amendment is meant to safeguard against the influence of postal
unions on the timely, complete, and efficient delivery of
election mail in the 2020 election. The amendment was necessary
due to the postal unions' historical and documented
preferencing of certain political candidates.
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\22\Amend. offered by Rep. Jody Hice (R-GA) to H.R. 8109
prohibiting the use of official time by USPS employees (Sept. 15,
2020).
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Furthermore, there have been documented cases of
impropriety by postal unions permitting activity meant to
support specific political candidates. For example, in 2017,
the Office of Special Counsel (OSC) found that the National
Association of Letter Carriers inappropriately assisted Hillary
Clinton's presidential campaign during the 2016 election. It is
unclear whether the USPS ever remedied the processes leading to
OSC's finding of this ``institutional bias''' towards the
Clinton campaign.\23\ Rep. Hice's amendment would have helped
ensure that time meant to be delivering the American people's
election mail is not spent on collective bargaining
negotiations by and with the postal unions. Committee Democrats
rejected this amendment by a voice vote.\24\
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\23\U.S. Office of Special Counsel, OSC File No. HA-17-0610, Report
of Hatch Act Investigation: Facilitating Labor Union's Political
Activity Through Use of ``Union Official'' Leave Without Pay (July 14,
2017) available at https://www.hsgac.senate.gov/imo/media/doc/
FINAL%202017%20HA%20USPS%20Report%207.14.17_Redacted.pdf.
\24\Business meeting, supra, note 12.
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IV. Conclusion
Committee Republicans oppose H.R. 8109. The bill is an
attempt to legitimize Democrats' unfounded conspiracy theories
about the postmaster general and corruption of the Postal
Service. They have proven none of these theories to be true and
have also not shown this legislation is necessary. The
Committee Democrats' unwillingness to accept commonsense
amendments to their bill is further evidence that the
legislation is not ready to advance through the House. Congress
should not pass legislation with no demonstrated purpose or
merely to advance political messaging based on unsubstantiated
accusations. The House should not politicize or fuel distrust
in the Postal Service, an institution relied upon by all
Americans with an especially critical role to play in the
upcoming national elections.
James Comer,
Ranking Member, Committee on
Oversight and Reform.
[all]