I 

116TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2020 

Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 

was referred to the Committee on Oversight and Reform 

A BILL 

To clarify and increase the restrictions on political activities 

that are applicable to the members of the Postal Service 

Board of Governors, including the Postmaster General 

and the Deputy Postmaster General, and for other purposes. 

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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1 SEC. 2. POSTAL SERVICE OFFICERS’ POLITICAL ACTIVITIES 

2 LIMITED. 

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 new subsection: 

7 ‘‘(e) For the purposes of applying subchapter III of 

8 chapter 73 of title 5, and any regulations thereunder, to 

9 the Postal Service pursuant to subsection (b)(1), the fol10 lowing are deemed to be employees of the Postal Service: 

11 ‘‘(1) The Postmaster General. 

12 ‘‘(2) The Deputy Postmaster General. 

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

14 Postal Service to which such individual was ap15 pointed by the President, by and with the advice and 

16 consent of the Senate, including a Governor ap17 pointed under section 202.’’. 

18 (2) FURTHER RESTRICTED EMPLOYEES.—Sec19 tion 7323(b)(2)(B) of title 5, United States Code, is 

20 amended— 

21 (A) in clause (i)(XIV), by striking ‘‘or’’ at 

22 the end; 

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

24 the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following new 

26 clause: 


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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 new 

9 paragraph: 

10 ‘‘(2) The Governors may appoint as the Post11 master General only an individual who has not held 

12 a political position at any time during the 4-year pe13 riod ending on the date on which such individual is 

14 so appointed.’’; 

15 (2) in subsection (d)— 

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

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

18 The Governors and the Postmaster General 

19 shall’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) The Governors and the Postmaster Gen23 eral may appoint as the Deputy Postmaster General 

24 only an individual who has not held a political posi25 tion at any time during the 4-year period ending on 


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1 the date on which such individual is so appointed.’’; 

2 and 

3 (3) by adding at the end the following new sub4 sections: 

5 ‘‘(f) While serving as a member of the Board, an indi6 vidual may not— 

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

8 ‘‘(2) solicit funds for— 

9 ‘‘(A) the campaign of a candidate for elec10 tion for a Federal, State, or local elected office; 

11 or 

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

13 party (as defined in the Federal Election Cam14 paign Act of 1971 (52 U.S.C. 30101 et seq.)). 

15 ‘‘(g) For purposes of this section, an individual holds 

16 a political position if such individual— 

17 ‘‘(1) holds Federal, State, or local elected office; 

18 ‘‘(2) files paperwork to be a candidate for elec19 tion for a Federal, State, or local elected office; or 

20 ‘‘(3) is an officer, director, or employee of a 

21 Federal, State, or local political party (as defined in 

22 subsection (f)(2)(B)).’’. 

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

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

25 provision or amendment to any person or circumstance is 


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1 held to be unconstitutional, the remainder of this Act, the 

2 amendments made by this Act, and the application of the 

3 provisions of such to any person or circumstance shall not 

4 be affected thereby. 

Æ 


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