[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.
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    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\
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    \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.
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    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\
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    \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.
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    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]