IB 

Union Calendar No. 462 

116TH CONGRESS 

2D SESSION H. R. 8109 

[Report No. 116–564] 

To clarify and increase the restrictions on political activities that are applicable to the members of the Postal Service Board of Governors, including 

the Postmaster General and the Deputy Postmaster General, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2020 

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

was referred to the Committee on Oversight and Reform 

OCTOBER 27, 2020 

Additional sponsors: Ms. NORTON, Ms. SPEIER, Mr. DEFAZIO, Mr. GOMEZ, 

Mr. LYNCH, Mr. CLAY, Mr. CONNOLLY, Mrs. LAWRENCE, Ms. PRESSLEY, 

Ms. WASSERMAN SCHULTZ, Mr. SARBANES, Ms. PORTER, Ms. OCASIOCORTEZ, Mr. MFUME, Mr. KHANNA, Mr. COOPER, Mr. LOWENTHAL, 

Mrs. HAYES, Mr. HIGGINS of New York, Ms. WILSON of Florida, Mr. 

MEEKS, and Mrs. DEMINGS

OCTOBER 27, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on August 25, 2020] 


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•HR 8109 RH

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. 


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•HR 8109 RH

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 Postmaster 

5 General Act of 2020’’. 

6 SECTION 2. POSTAL SERVICE OFFICERS’ POLITICAL ACTIVI7 TIES LIMITED. 

8 (a) HATCH ACT OFFICER APPLICABILITY.— 

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

10 United States Code, is amended by adding at the end 

11 the following new subsection: 

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

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

14 the Postal Service pursuant to subsection (b)(1), the fol15 lowing are deemed to be employees of the Postal Service: 

16 ‘‘(1) The Postmaster General. 

17 ‘‘(2) The Deputy Postmaster General. 

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

19 Postal Service to which such individual was ap20 pointed by the President, by and with the advice and 

21 consent of the Senate, including a Governor ap22 pointed under section 202.’’. 

23 (2) FURTHER RESTRICTED EMPLOYEES.—Sec24 tion 7323(b)(2)(B) of title 5, United States Code, is 

25 amended— 


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•HR 8109 RH

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

2 the end; 

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

4 the end and inserting ‘‘; and’’ ; and 

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

6 clause: 

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

8 section 410(e) of title 39.’’. 

9 (b) POLITICAL ACTIVITIES OF BOARD MEMBERS.— 

10 Section 202 of title 39, United States Code, is amended by 

11 adding at the end the following new subsections: 

12 ‘‘(f) While serving as a member of the Board, an indi13 vidual may not— 

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

15 ‘‘(2) solicit funds for— 

16 ‘‘(A) the campaign of a candidate for elec17 tion for a Federal, State, or local elected office; 

18 or 

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

20 party (as defined in the Federal Election Cam21 paign Act of 1971 (52 U.S.C. 30101 et seq.)). 

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

23 a political position if such individual— 

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


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•HR 8109 RH

1 ‘‘(2) files paperwork to be a candidate for elec2 tion for a Federal, State, or local elected office; or 

3 ‘‘(3) is an officer, director, or employee of a Fed4 eral, State, or local political party (as defined in sub5 section (f)(2)(B)).’’. 

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

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

8 provision or amendment to any person or circumstance is 

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

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

11 provisions of such to any person or circumstance shall not 

12 be affected thereby. 

13 SEC. 3. FINANCIAL DISCLOSURES REQUIRED PRIOR TO AS14 SUMING DUTIES OF POSTMASTER GENERAL 

15 OR DEPUTY POSTMASTER GENERAL. 

16 The Ethics in Government Act of 1978 (5 U.S.C. App) 

17 is amended— 

18 (1) in section 101(a)— 

19 (A) by striking ‘‘(a) Within’’ and inserting 

20 ‘‘(a)(1) Within’’; and 

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

22 ‘‘(2)(A) An individual proposed pursuant to section 

23 202 of title 39, United States Code, to assume the position 

24 of Postmaster General or Deputy Postmaster General shall 


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•HR 8109 RH

1 file the report required by paragraph (1) before assuming 

2 such position. 

3 ‘‘(B) An individual proposed for such a position may 

4 not carry out any duty of the position until the report sub5 mitted by the individual pursuant to subparagraph (A) is 

6 reviewed and signed by the Director of the Office of Govern7 ment Ethics under section 106(b)(1), and any action taken 

8 by that individual in the performance of any function or 

9 duty of the applicable position before the date on which such 

10 signature occurs shall have no force or effect.’’; and 

11 (2) in section 103(b)— 

12 (A) by striking ‘‘(b) The President’’ and in13 serting ‘‘(b)(1) The President’’; and 

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

15 ‘‘(2) Notwithstanding subsection (a), an individual 

16 proposed pursuant to section 202 of title 39, United States 

17 Code, to assume the position of Postmaster General or Dep18 uty Postmaster General shall file the report required under 

19 section 101(a) with the Director of the Office of Government 

20 Ethics.’’. 


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pbinns on DSKJLVW7X2PROD with BILLS
Union Calendar No. 462 

116TH CONGRESS 

2D SESSION H. R. 8109 

[Report No. 116–564] 

A BILL 

To clarify and increase the restrictions on political 

master General, and for other purposes. the Postmaster General and the Deputy Postthe Postal Service Board of Governors, including activities that are applicable to the members of 

OCTOBER 27, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pbinns on DSKJLVW7X2PROD with BILLS