Introduction Of District Of Columbia Hatch Act Reform Act Of 2009

Floor Speech

Ms. NORTON. Madam Speaker, today, I introduce the District of Columbia Hatch Act Reform Act of 2009, to eliminate discriminatory treatment of the District of Columbia, which alone among U.S. jurisdictions 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 and locality 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. 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 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 receipt 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 when 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 federal 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, OPM has asked for the federal guidance my bill offers. In recent cases, OPM cited an ANC (Advisory Neighborhood Commissioner) commissioner for violations of the Hatch Act when he ran for higher office, even though ANC commissioners are ``elected officials'' under D.C. law. As a result of the failure to clear up the confusion between local and federal jurisdictions, the application of the Hatch Act to ANC commissioners has been selectively enforced by OPM. For example, OPM recently 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 D.C. City Council ran for the D.C. Council from positions as ANC commissioners. The present law results in possible violations 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 and removed 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 Act Reform is the fourth 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. This uncomplicated and straightforward bill is not controversial, has been enacted before by the House and should be passed forthwith.

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