[Congressional Record Volume 153, Number 47 (Monday, March 19, 2007)]
[Extensions of Remarks]
[Page E577]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE DISTRICT OF COLUMBIA HATCH ACT REFORM ACT OF 2007

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Monday, March 19, 2007

  Ms. NORTON. Madam Speaker, today, I introduce the District of 
Columbia Hatch Act Reform Act of 2007 to eliminate discriminatory 
treatment of the District of Columbia which still falls under the 
federal Hatch Act, as it did before the Congress made the District an 
independent jurisdiction that today enacts its own local laws. This 
bill would retain federal Hatch Act authority concerning prohibited 
partisan and political activity that applies to every state upon 
receipt of federal funds or functions, and importantly, would require 
the District to enact its own local version of the Hatch Act barring 
similar local violations, to become effective. This bill, of course, 
would automatically be held over for congressional review as required 
by the Home Rule Act. In any case, local Hatch Act violations in the 
District are rare, but the District needs its own Hatch Act to fully 
account and be responsible for local violations, with which only a 
local, objective body would be most familiar.
  This bill will leave in place the federal Hatch Act restrictions that 
apply to other jurisdictions on the use of official authority, 
specifically as it relates to elections; the solicitation, acceptance, 
or receiving of political campaign contributions; the prohibitions on 
running for public office in partisan elections; and the use of on-duty 
time and resources to engage in partisan campaign activity where 
federal funds or responsibilities are involved. My bill would remove 
only the federal Hatch Act jurisdiction that applies solely to the 
District of Columbia and would require the District to have its own 
local Hatch Act, like every other jurisdiction, instead of requiring 
the Office of Personnel Management (OPM) and its Special Counsel to 
devote staff time and other resources on investigation, fact-finding 
and judgment of unfamiliar local matters.
  Indeed, the OPM has asked for the federal guidance my bill offers. In 
recent cases, OPM cited an ANC commissioner (Advisory Neighborhood 
Commissioner) for violations of the Hatch Act when he ran for higher 
office, even though ANC commissioners are ``elected officials'' under 
local laws. The application of the Hatch Act to ANC commissioners has 
been selectively enforced by OPM. For example, recently OPM filed cases 
charging Hatch Act violations against an ANC commissioner running for 
the D.C. Council but did not file when several members of the current 
City Council ran for the Council from positions as ANC commissioners. 
The present law results in possible violation of the federal Hatch Act 
while leaving OPM with local responsibility that does not implicate its 
federal jurisdiction.

  The House recognized that the present federal Hatch Act jurisdiction 
over the District was inappropriate and obsolete by removing this 
federal responsibility several years ago, but the Senate failed to act. 
The District should bear this local responsibility. My bill will 
eliminate the double indignity of placing a local burden on the federal 
government and depriving the District of a responsibility, which only 
local jurisdictions familiar with local laws can be expected to handle 
responsibly.
  The Hatch Reform Act is the third in the ``Free and Equal D.C.'' 
series of bills that I have introduced to eliminate anti-Home Rule or 
redundant bills that deprive the city of equal treatment and 
recognition as an independent self-governing jurisdiction.

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