II 

116TH CONGRESS 

2D SESSION S. 4561 

To clarify and increase the restrictions on political activities that are applicable to the members of the Board of Governors of the United States 

Postal Service, including the Postmaster General and the Deputy Postmaster General, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2020 

Mr. PETERS (for himself, Mr. MANCHIN, Ms. KLOBUCHAR, and Mr. CARPER) 

introduced the following bill; which was read twice and referred to the 

Committee on Homeland Security and Governmental Affairs 

A BILL 

To clarify and increase the restrictions on political activities 

that are applicable to the members of the Board of 

Governors of the United States Postal Service, including 

the Postmaster General and the Deputy Postmaster General, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nonpartisan Post5 master General Act’’. 


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•S 4561 IS

1 SEC. 2. LIMITATIONS ON POLITICAL ACTIVITIES OF UNITED 

2 STATES POSTAL SERVICE OFFICERS. 

3 (a) HATCH ACT OFFICER APPLICABILITY.— 

4 (1) IN GENERAL.—Section 410 of title 39, 

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘(e) HATCH ACT OFFICER APPLICABILITY.—For the 

8 purposes of applying subchapter III of chapter 73 of title 

9 5, and any regulations thereunder, to the Postal Service 

10 pursuant to subsection (b)(1) of this section, the following 

11 are deemed to be employees of the Postal Service: 

12 ‘‘(1) The Postmaster General. 

13 ‘‘(2) The Deputy Postmaster General. 

14 ‘‘(3) Any individual holding a position in the 

15 Postal Service to which the individual was appointed 

16 by the President, by and with the advice and consent 

17 of the Senate, including a Governor appointed under 

18 section 202 of this title.’’. 

19 (2) FURTHER RESTRICTED EMPLOYEES.—Sec20 tion 7323(b)(2)(B) of title 5, United States Code, is 

21 amended— 

22 (A) in clause (i), by striking ‘‘or’’ at the 

23 end; 

24 (B) in clause (ii), by striking the period at 

25 the end and inserting ‘‘; and’’; and 

26 (C) by adding at the end the following: 


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1 ‘‘(iii) a person holding a position described in 

2 section 410(e) of title 39.’’. 

3 (b) POLITICAL ACTIVITIES OF BOARD MEMBERS.— 

4 Section 202 of title 39, United States Code, is amended— 

5 (1) in subsection (c)— 

6 (A) by striking ‘‘The Governors shall’’ and 

7 inserting ‘‘(1) The Governors shall’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) The Governors may appoint as the Postmaster 

10 General only an individual who has not held a political 

11 position at any time during the 4-year period ending on 

12 the date on which the individual is so appointed.’’; 

13 (2) in subsection (d)— 

14 (A) by striking ‘‘The Governors and the 

15 Postmaster General shall’’ and inserting ‘‘(1) 

16 The Governors and the Postmaster General 

17 shall’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) The Governors and the Postmaster General may 

20 appoint as the Deputy Postmaster General only an indi21 vidual who has not held a political position at any time 

22 during the 4-year period ending on the date on which the 

23 individual is so appointed.’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(f) POLITICAL POSITIONS AND ACTIVITIES PROHIB2 ITED.—While serving as a member of the Board, an indi3 vidual may not— 

4 ‘‘(1) hold a political position; or 

5 ‘‘(2) solicit funds for— 

6 ‘‘(A) the campaign of a candidate for elec7 tion for a Federal, State, or local elected office; 

8 or 

9 ‘‘(B) a Federal, State, or local political 

10 party. 

11 ‘‘(g) DEFINITIONS.—For purposes of this section— 

12 ‘‘(1) the term ‘hold a political position’ 

13 means— 

14 ‘‘(A) to hold Federal, State, or local elect15 ed office; 

16 ‘‘(B) to file paperwork to be a candidate 

17 for election for a Federal, State, or local elected 

18 office; or 

19 ‘‘(C) to be an officer, director, or employee 

20 of a Federal, State, or local political party; and 

21 ‘‘(2) the term ‘political party’ has the meaning 

22 given the term in section 301 of the Federal Elec23 tion Campaign Act of 1971 (52 U.S.C. 30101).’’. 

24 (c) SEVERABILITY.—If any provision of this Act, an 

25 amendment made by this Act, or the application of such 


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•S 4561 IS

1 a provision or amendment to any person or circumstance 

2 is held to be unconstitutional, the remaining provisions of 

3 and amendments made by this Act, and the application 

4 of the provision or amendment to any other person or cir5 cumstance, shall not be affected thereby. 

Æ 


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