Nonpartisan Postmaster General Act of 2020

Bill: 116-hr-8109
Sponsor: full_name: Rep. Maloney, Carolyn B. [D-NY-12]
Introduced: 2020-08-25
Policy area: Government Operations and Politics
Subjects: Elections, voting, political campaign regulation

Federal officials

Government employee pay, benefits, personnel management

Government ethics and transparency, public corruption

Political parties and affiliation

State and local government operations

U.S. Postal Service
Latest action: action_date: 2020-10-27
text: Placed on the Union Calendar, Calendar No. 462.

Summaries:
action_date: 2020-08-25
action_desc: Introduced in House
text: <p><b>Nonpartisan Postmaster General Act</b></p> <p>This bill restricts the political activities of the members of the Postal Service Board of Governors, including the Postmaster General and the Deputy Postmaster General.</p> <p>Specifically, the bill (1) prohibits the Postmaster General and the Deputy Postmaster General from taking an active part in political management or political campaigns; (2) prohibits the Board of 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; and (3) restricts nominees for Postmaster General and Deputy Postmaster General to those who have not engaged in political activities in the four years prior to their appointments.</p>

action_date: 2020-10-27
action_desc: Reported to House
text: <p><b>Nonpartisan Postmaster General Act</b> <b>of 2020</b></p> <p>This bill restricts the political activities of the members of the Postal Service Board of Governors, including the Postmaster General and the Deputy Postmaster General.</p> <p>Specifically, the bill prohibits (1) the Postmaster General and the Deputy Postmaster General from taking an active part in political management or political campaigns; and (2) the Board of 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.</p> <p>An individual must make certain financial disclosures prior to assuming the duties of Postmaster General or Deputy Postmaster General.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 8109 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. Short title This Act may be cited as the Nonpartisan Postmaster General Act . 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— (1) in subsection (c)— (A) by striking The Governors shall and inserting (1) The Governors shall ; and (B) by adding at the end the following new paragraph: (2) The Governors may appoint as the Postmaster General only an individual who has not held a political position at any time during the 4-year period ending on the date on which such individual is so appointed. ; (2) in subsection (d)— (A) by striking The Governors and the Postmaster General shall and inserting (1) The Governors and the Postmaster General shall ; and (B) by adding at the end the following new paragraph: (2) The Governors and the Postmaster General may appoint as the Deputy Postmaster General only an individual who has not held a political position at any time during the 4-year period ending on the date on which such individual is so appointed. ; and (3) 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.

tv_txt: IB Union Calendar No. 462 116th CONGRESS 2d Session H. R. 8109 [Report No. 116–564] 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. Ocasio-Cortez , 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 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. Short title This Act may be cited as the Nonpartisan Postmaster General Act of 2020 . 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. 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. .

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