HOUSE of REPRESENTATIVES-Monday, April 17, 1989

6760 CONGRESSIONAL RECORD-HOUSE April 17, 1989 HOUSE OF REPRESENTATIVES-Monday, April 17, 1989

The House met at 12 noon and was H.R. 1750. An act to implement the bipar- Mr. Speaker, let us be fair, not parti- called to order by the Speaker pro tisan accord on Central America of March san, mean spirited, or hysterical. tempore [Mr. FOLEY]. 24, 1989.

COMMUNICATION FROM THE INTRODUCTION OF RESOLUTION DESIGNATION OF SPEAKER PRO CLERK OF THE HOUSE TO ALLOW A NATIONAL PLEBI TEMPORE SCITE IN CUBA The SPEAKER pro tempore laid The SPEAKER pro tempore laid

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6761 to a mistake, but there is still time to GAO ANALYSIS PROVES ERRO grams authorized by the Indoor correct that mistake. NEOUS FORT SHERIDAN DECI Radon Abatement Act. I also plan to The Commission on Base Closure SION introduce legislation to test radon and Realignment has recommended , or officer, employee, or agent thereof, duction in appropriations for the purpose of ecutives talk about cleaning up, we shall directly or indirectly intimidate, such first section. thought they had in mind the oil threaten, coerce, command, or directly or in Mr. GAYDOS (during the reading). spill-not the cash register. directly attempt to intimidate, threaten, Mr. Speaker, I ask unanimous consent When we heard them talk about coerce, or command- that the resolution be considered as maintaining the flow, we didn't know "(A) any employee for the purpose of read and printed in the RECORD. they had in mind $30 million more a interfering with the right of any employee The SPEAKER pro tempore. Is day to their bank accounts. to vote as such employee may choose, or of there objection to the request of the Mr. Speaker, today I am asking the causing any employee to vote, or not to vote, for any candidate or measure in any gentleman from Pennsylvania? Federal Trade Commission to investi election; There was no objection. gate the major oil companies pricing "(B) any employee to give or withhold any The SPEAKER pro tempore. The practices. I smell price gouging. And I political contribution; or gentleman from Pennsylvania CMr. do not think we should put that kind "(C) any employee to engage or not to GAYDOS] is recognized for 1 hour. of tiger into the tanks of America's engage, in any form of political activity Mr. GAYDOS. Mr. Speaker, I yield cars. whether or not such activity is prohibited by law. the customary 30 minutes to the gen (2) No portion of any dues, fees, or assess tlewoman from Nevada CMrs. VucANO The SPEAKER pro tempore (Mr. ments levied on the membership of any em v1cH], the ranking minority member FOLEY). Members of the Gallery are ployee organization referred to in para of the Subcommittee on Accounts, for cautioned that it is a violation of the graph <1) of this subsection by such organi- purposes of debate only; pending 6764 CONGRESSIONAL RECORD-HOUSE April 17, 1989 which I yield myself such time as I Mr. Speaker, I yield back the bal "(1) 'employee' means any individual, may consume, with the understanding ance of my time. other than the President and the Vice Presi that any additional time which I may Mr. GAYDOS. Mr. Speaker, I move dent, employed or holding office in- yield be subject to the specific limita the previous question on the resolu "(A) an Executive agency other than the General Accounting Office; or tion of being for debate purposes only. tion. " a position within the competitive Mr. Speaker, the resolution provides The previous question was ordered. service which is not in an Executive agency; $600,000 for further expenses of inves The resolution was agreed to. but does not include a member of the uni tigations and studies by the Commit A motion to reconsider was laid on formed services: tee on Standards of Official Conduct the table. "<2> 'candidate' means any individual who in the first session of the lOlst Con seeks nomination for election, or election, to any elective office, whether or not the indi gress. Any of this amount may be used GENERAL LEAVE for the procurement of consultant vidual is elected, and, for the purpose of this service under section 202(i) of the Leg Mr. GAYDOS. Mr. Speaker, I ask paragraph, an individual shall be considered islative Reorganization Act of 1946. unanimous consent that all Members to seek nomination for election, or election, may have 5 legislative days within to an elective office, if the individual has- The Committee on Standards of Of "(A) taken the action required to qualify ficial Conduct has requested this addi which to revise and extend their re marks on House Resolution 118, the for nomination for election, or election; or tional $600,000 for the first session to "(B) received any political contribution enable that committee to have ade resolution just agreed to. means any gift, subscription, loan, House Administration held a meeting SAWYER). Pursuant to the provisions advance, or deposit of money or anything of on this resolution and reviewed the value, made for any political purpose; of clause 5 of rule I, the Chair an "(B) includes any contract, promise, or justification provided by Chairman nounces that he will postpone further DIXON and ranking minority member agreement, express or implied, whether or proceedings today on each motion to not legally enforceable, to make a contribu MYERS. The resolution was favorably suspend the rules on which a recorded tion for any political purpose; reported to the House without change. vote or the yeas and nays are ordered, "(C) includes any payment by any person, Finally, there are strong institution or on which the vote is objected to other than a candidate or a political party al concerns present in the matter under clause 4 of rule 15. or affiliated organization, of compensation pending before the House today. It is Such rollcall votes, if postponed, will for the personal services of another person imperative for the House to have the be taken after debate has concluded which are rendered to any candidate or po necessary resources to police itself, on all motions to suspend the rules. litical party or affiliated organization with and, accordingly, the Committee on out charge for any political purpose: and "(D) includes the provision of personal Standards of Official Conduct should services for any political purpose; be authorized sufficient funds to FEDERAL EMPLOYEES POLITI CAL ACTIVITIES ACT OF 1989 "( 4) 'superior' means any employee who enable it to discharge its important in exercises supervision of, or control or ad stitutional responsibilities. According Mr. SIKORSKI. Mr. Speaker, I ministrative direction over, another employ ly, I urge that my colleagues vote in move to suspend the rules and pass ee; favor of the resolution. the bill United States Code, to restore to Fed public office and any elective office of any yield myself such time as I may con eral civilian employees their right to political party or affiliated organization; participate voluntarily, as private citi "(6) 'person' includes any individual, cor sume. poration, trust, association, any State, local, Mr. Speaker, I rise in support of zens, in the political processes of the or foreign government, any territory or pos House Resolution 118 which provides Nation, to protect such employees session of the United States, or any agency $600,000 for further expenses of inves from improper political solicitations, or instrumentality of any of the foregoing; tigations and studies by the Commit and for other purposes, as amended. and tee on Standards of Official Conduct The Clerk read as follows: "(7) 'Special Counsel' means the Special in the first session of the lOlst Con H.R. 20 Counsel appointed under section 12ll An employee may not directly or indi on Standards of Official Conduct came This Act may be cited as the "Federal Em rectly use or attempt to use the official au before our Accounts Subcommittee ployees' Political Activities Act of 1989". thority or influence of the employee for the earlier this year, it was made clear SEC. 2. POLITICAL ACTIVITIES. purpose of- that they would be back with a supple (a) IN GENERAL.-Subchapter III of chap "( 1 > interfering with or affecting the ter 73 of title 5, United States Code, is result of any election; or mental request. We understand the amended to read as follows: "(2) intimidating, threatening, coercing, necessity of the supplemental due to "SUBCHAPTER III-POLITICAL commanding, influencing, or attempting to the nature of the business of that ACTIVITIES intimidate, threaten, coerce, command, or commmittee. They cannot predict "§ 7321. Political participation influence- when an investigation will be called " any individual for the purpose of for or how long it will take. This "It is the policy of the Congress that em interfering with the right of any individual ployees should be encouraged to exercise to vote as the individual may choose, or of amount will enable the committee to fully, freely, and without fear of penalty or proceed with its charge and complete causing any individual to vote, or not to reprisal, and to the extent not expressly vote, for any candidate or measure in any its work. I commend our Accounts prohibited by law, their right to participate election; Subcommittee chairman, Mr. GAYDOS, or to refrain from participating in the politi "CB> any person to give or withhold any for his fine leadership in this matter cal processes of our Nation. political contribution; or and I urge all Members to support the "§ 7322. Definitions " any person to engage, or not to resolution. "For the purpose of this subchapter- engage, in any form of political activity. April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6765 "(b) An employee may not directly or indi to any political contribution from a person (b) TECHNICAL AND CONFORMING AMEND rectly use or attempt to use, or permit the in situations in which the facts and circum MENTS.-(!) Section 3302(2) of title 5, United use of, any official information obtained stances indicate there would not be any ad States Code, is amended by striking out through or in connection with his employ verse effect on the integrity of the Govern "7203, 7321, and 7322" and inserting in lieu ment for any political purpose, unless the ment or the public's confidence in the integ thereof "and 7203". official information is available to the gen rity of the Government. <2> Sections 8332(k)(l), 8706, and eral public. 8906(e)(2) of title 5, United States Code, are "Cc) For the purpose of subsection (a) of "§ 7325. Political activities on duty, etc.; prohibi each amended by inserting immediately this section, 'use of official authority or in tion after "who enters on" the following: "leave fluence' includes- "(a) An employee may not engage in polit without pay granted under section 7326(a) "( 1) promising to confer or conferring any ical activity- of this title, or who enters on". benefit Section 1216(c) of title 5, United States or to vote for or against any candidate or "(A) the duties and responsibilities of Code (as amended by the Whistleblower measure, in any election; whose position continue outside normal Protection Act of 1989) is amended- "(3) knowingly give or hand over a politi duty hours and while away from the normal by striking paragraph <1 >; and cal contribution to a superior of the employ duty post; and CB) in paragraph (2), by striking "(2) If" ee; or "(B) who is- and inserting "If". "< 4> knowingly solicit, accept, or receive, "(i) an employee paid from an appropria (C) AMENDMENTS TO TITLE 18.-(1) Section or be in any manner concerned with solicit tion for the Executive Office of the Presi 602 of title 18, United States Code, relating ing, accepting, or receiving, a political con dent; or to solicitation of political contributions, is tribution- "(ii) an employee appointed by the Presi amended- " from another employee by inserting "(a)" before "It"; of another employee's immediate family) the Senate, whose position is located within CB) by striking out all that follows "Treas with respect to whom the employee is a su the United States, who determines policies ury of the United States" and inserting in perior; or to be pursued by the United States in its re lieu thereof a semicolon and the following: "(B) in any room or building occupied in lations with foreign powers or in the nation "to knowingly solicit any contribution the discharge of official duties by- wide administration of Federal laws. within the meaning of section 301<8> of the "(i) an individual employed or holding "§ 7326. Candidates for elective office; leave Federal Election Campaign Act of 1971 from office in the Government of the United " Except as provided in subsection any other such officer, employee, or person. States; or of this section, an employee who is a candi Any person who violates this section shall "(ii) an individual receiving any salary or date shall, upon the request of the employ be fined under this title or imprisoned not compensation for services from money de ee, be granted leave without pay for the more than three years, or both."; and rived from the Treasury of the United purpose of allowing the employee to engage by adding at the end thereof the fol States. in activities relating to that candidacy. lowing new subsection: "(b)(l) In addition to the prohibitions of "(b) Notwithstanding section 6302(d) of "(b) The prohibition in subsection subsection of this section, an employee this title, and except as provided in subsec shall not apply to any activity of an employ may not knowingly solicit, accept, or receive tion of this section, an employee who is a ee has, or is seeking to obtain, contrac the purpose of allowing the employee to Rate Commission, unless that activity is tual or other business or financial relations engage in activities relating to that candida prohibited by section 7323 or 7324 of that with the agency in which the employee is cy. Leave under this subsection shall be in title.". employed; addition to leave without pay to which the (2) Section 603 of title 18, United States "(B) conducts operations or activities employee may be entitled under subsection Code, relating to making political contribu which are regulated by that agency; or of this section. tions, is amended by adding at the end "(C) has interests which may be substan "(c) A request for leave submitted under thereof the following new subsection: tially affected by the performance or non subsection or (b) of this section may be " The prohibition in subsection performance of the employee's official denied if the exigencies of the public busi shall not apply to any activity of an employ duties. ness so require. Any such denial shall be in ee (as defined in section 7322(1) of title 5> or "<2> The Special Counsel shall prescribe writing and shall be accompanied by a state any individual employed in or under the regulations which exempt an employee ment of the reasons why the request is United States Postal Service or the Postal from the application of paragraph <1 > of being denied. Rate Commission, unless that activity is this subsection with respect to any political "(d) An employee may not be required to prohibited by section 7324 of that title.". contribution to or from an individual who take leave without pay under subsection (a), (d) AMENDMENTS TO THE VOTING RIGHTS has a familial or personal relationship with or accrued annual leave under subsection ACT OF 1965.-Section 6 of the Voting Rights the employee if the employee complies with Cb), in order to be a candidate, unless the ac Act of 1965 <42 U.S.C. 1973d) is amended by such requirements as the Special Counsel tivities relating to the candidacy interfere striking out "the provisions of section 9 of shall so prescribe which relate to the dis with the employee's performance of the the Act of August 2, 1939, as amended (5 qualification of the employee from engaging duties of the position. U.S.C. 118D, prohibiting partisan political in any official activity involving the individ activity" and by inserting in lieu thereof ual. "§ 7327. Regulations "the provisions of subchapter III of chapter "(3) The Special Counsel shall prescribe "The Special Counsel shall prescribe any 73 of title 5, United States Code, relating to regulations under which paragraph <1) of rules and regulations necessary to carry out political activities". this subsection shall not apply with respect this subchapter.". (e) APPLICABILITY TO POSTAL EMPLOYEES.- 6766 CONGRESSIONAL RECORD-HOUSE April 17, 1989 IN GENERAL.-The amendments made GENERAL LEAVE easily ignored and easily ridiculed. by this section, and any regulations there Mr. SIKORSKI. Mr. Speaker, I ask We've seen too much of that in the under, shall apply with respect to employ unanimous consent that all Members last decade. It is time to give back to ees of the United States Postal Service and may have 5 legislative days in which to the Postal Rate Commission, pursuant to these employees their constitutional sections 410 and 3604 of title 39, revise and extend their remarks on right to participate in government United States Code. H.R. 20, the bill currently being con which was wrongly taken away during (2) INVESTIGATIVE AND ENFORCEMENT AU· sidered. a period of congressional overreaction. THORITY.-The Special Counsel of title 5, United there objection to the request of the litical process on their own time. The States Code> may conduct investigations gentleman from Minnesota? professionals in whom we place great and seek disciplinary action with respect to There was no objection. trust to navigate the planes we fly, to any employee referred to in paragraph <1> Mr. SIKORSKI. Mr. Speaker, I yield inspect the products we purchase and in accordance with applicable provisions of myself such time as I may consume. chapter 12 of title 5, United States Code. to ensure the national security of our Mr. Speaker, well, it is Hatch Act country, deserve our trust. This legis SEC. 3. EFFECTIVE DATE. reform time again. As that great phi lation ensures that if they choose to IN GENERAL.-The amendments made losopher, Yogi Berra, said, "It's deja by this Act shall take effect 120 days after participate in the political process it vu all over again." It is about time we will be with integrity and impartiality the date of the enactment of this Act, pass Hatch Act reform, reform of the except that the authority to prescribe regu and without compromising the respon lations granted under section 7327 of title 5, 50-year-old Hatch Act law. It's time to sibilities of their positions. United States Code Virginia [Mr. WoLF] litical involvement. Federal employees electioneering, and some stressed and made the point that, if Not Common Cause. Not the United of the explicit Hatch Act rules were first ap this bill passes, that the U.S. attorneys States Chamber of Commerce. Not the plied in 1907 by President Theodore Roose will actively be able to participate in major newspapers across the country vel. In 1939, as an outgrowth of concern politics. that have editorialized against repeal over political coercion of Federal employees, Is it not true that today, without of the Hatch Act in recent years. the Hatch Act itself was enacted. The amendments which this bill make to this bill, that the Attorney General of Is this bill enforceable? The Attor the Hatch Act would deny the lessons of the United States can actively partici ney General does not think so. He history. If, as contemplated by H.R. 8617, pate in politics? would recommend a veto since the bill the prohibitions against political campaign Mr. WOLF. No, Mr. Speaker, the At would lead to "a tragic re-politicization ing were removed, we would be endangering torney General of the United States of the Federal workforce." The Attor the entire concept of employee independ does not participate in the process, nor ney General believes that the bill ence and freedom from coercion which has does the Secretary of Defense and would be unenforceable, due to the been largely successful in preventing undue political influence in Government programs other agencies like this, nor should subtle nature of political coercion and or personnel management. If this bill were they be able to, and let me say to the the fact that it often just occurs be to become law, I believe pressures could be gentleman from Missouri [Mr. CLAY] tween two individuals. Passage would brought to bear on Federal employees in ex that no U.S. attorney who is investi flood the already crowded docket of tremely subtle ways beyond the reach of gating people in the gentleman's con the Merit Systems Protection Board any anti-coercion statute so that they would gressional district ought to be able to with litigation by disgruntled employ inevitably feel compelled to engage in parti then go out, and then knock on doors ees. san political activity. This would be bad for and say, "I want you to vote for acer Proponents of this bill say that it the employee, bad for the government, and bad for the public. tain candidate." It is obsolutely wrong. will allow those few Federal employees Proponents of this bill argue that the Mr. CLAY. If the gentleman from who want to participate in partisan Hatch Act limits the rights of Federal em Virginia [Mr. WOLF] will further yield, politics a chance to do so and that the ployees. The Hatch Act does in fact restrict I would like to familiarize him with many employees who prefer not to will the right of employees to fully engage in the history of Bobby Kennedy, with not be pressured. This is fantasy. I partisan politics. It was intended, for good reasons, to do precisely that. Most people, the history of our recent Attorney fear that what is permitted will come General. ·I would just like to familiar to be expected. Partisan supervisors including most Federal employees, not only understand the reasons for these restric ize him with the facts of life. could pressure their workers to make tions, but support them. Every person in the Cabinet of the campaign contributions or work in However, present law does not bar all po President of the United States can and campaigns. This subtle pressure, with litical activity on the part of Federal em does get actively involved in politics. It the threat of performance appraisals, ployees. They may register and vote in any is the people that work for the Secre work assignments, and opportunities election, express opinions on political issues or candidates, be members of and make con taries or the Cabinet members who are for advancement, could politicize the prohibited. civil service. tributions to political parties, and attend po litical rallies and conventions, and engage in Mr. WOLF. Mr. Speaker, that is not H.R. 20 could well lead to the de a variety of other political activities. What the case, and, if I am wrong, I would struction of the federal workforce. We they may not-and, in my view, should not want to stand corrected, and I will per do not need legislation that will hurt do is attempt to be partisan political activ sonally apologize. public confidence in the Federal work ists and impartial Government employees at Mr. Speaker, it is my understanding force. We do not need legislation that the same time. will subject Federal workers to politi The U.S. Supreme Court in 1973 in affirm that the Secretary of Defense, the cal coercion. What we need is ade ing the validity of the Hatch Act, noted that Secretary of State, and other key quate pay for Federal employees and it represented "a judgment made by this members of the President's Cabinet do added benefits that will allow us to country over the last century that it is in not participate in the political process, the best interest of the country, indeed es and frankly I do not think that they retain the experienced federal workers sential, that federal service should depend and will continue to attract qualified should involve themselves in the polit upon meritious performance rather than po ical process, nor do I think the U.S. at individuals to public service. litical service, and that the political influ Instead of moving to destroy the ence of federal employees on others and on torney should. civil service, we should be strengthen the electoral process should be limited." Mr. SIKORSKI. Mr. Speaker, I yield ing the Federal workforce. We should The Hatch Act is intended to strike a deli 30 seconds to the gentleman from pass legislation like my bill to increase cate balance between fair and effective gov Oregon [Mr. AUCOIN]. ernment and the First Amendment rights of Mr. AuCOIN. Mr. Speaker, I would pay for Federal executives and judges. individual employees. It has been successful, We should address the disparity be like to correct the statement just in my opinion, in striking that balance. made by the gentleman from Virginia tween private sector and Federal pay H.R. 8617 is bad law in other respects. The throughout the general schedule. The bill's provisions for the exercise of a Con [Mr. WOLF] when he said that mem bill before us would make major gressional right of disapproval of executive bers of the Cabinet are not political. changes to a law that has provided agency regulations are Constitutionally ob Mr. Speaker, I would tell the gentle protection for 50 years, and I urge you jectionable. In addition, it would shift the man from Virginia that Don Hodel, to vote against H.R. 20 on the suspen responsibility for adjudicating Hatch Act the Secretary of the Interior, went violations from the Civil Service Commis door to door in my congressional dis sion calendar. sion to a new Board composed of Federal The veto message follows: trict campaigning against me. Now, if employees. No convincing evidence exists to that is not political, I do not know VETO OF HATCH ACT REPEAL justify this shift. However, the fundamental objection to this bill is that politicizing the what is. MESSAGE FROM THE PRESIDENT OF THE UNITED Mr. WOLF. Mr. Speaker, will the STATES Civil Service is intolerable. I, therefore, must veto the measure. gentleman yield? To the House of Representatives: GERALD R. FORD. Mr. AuCOIN. I yield to the gentle I am today returning, without my approv THE WHITE HOUSE, April 12, 1976. man from Virginia. al, H.R. 8617, a bill that would essentially Mr. WOLF. Mr. Speaker, the gentle repeal the Federal law commonly known as 0 1300 the Hatch Act, which prohibits Federal em man from Oregon [Mr. AuCoIN] is ac ployees from taking an active part in parti Mr. CLAY. Mr. Speaker, will the curate. I said there are a select few san politics. gentleman yield? Cabinet officials who do not. The ones April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6771 that do not are the Secretary of De your door coerce and intimidate you? by a vote of 22 to 1. It is virtually identical to fense-- At this time of the year, the IRS agent H.R. 3400 which the 100th Congress passed Mr. AuCOIN. Mr. Speaker, reclaim may have more reason to fear for his last year by an overwhelming 305-to-112 vote. ing my time-- own safety. The Senate failed to act on the measure. Mr. WOLF. And they ought not to What about intimidation in the For far too long Federal employees have participate. workplace? This is a fear in the pri suffered under the yoke of the Hatch Act, Mr. AuCOIN. Reclaiming my time, vate as well as the public sector. Many which was written for a different time and for Mr. Speaker, the point is Cabinet Sec employee organizations are extensive far, far different circumstances. No longer retaries can, and their employees ly involved in the political process. should those who serve their Federal Govern cannot. I think that means dual citi Managers often disagree with the poli ment be denied basic rights enjoyed by other zenship, second-class citizenship, for tics of their employees. Yet, none of us Americans. the Federal workers, and that ought would deny these workers the right to As lawmakers it is our duty to ensure that not to be possible. participate. Can you imagine applying Federal laws fit the times. Clearly we have an Mr. Speaker, I support the bill. for a job in the private sector which: obligation to Federal employees in this regard. Mr. HORTON. Mr. Speaker, I yield 4 Forbids you from running for parti It is important to understand here that H.R. minutes to the gentleman from Penn san public office; 20 is a bipartisan compromise and is the prod sylvania [Mr. RIDGE]. Forbids you from exercising your uct of extensive negotiations between Demo Mr. RIDGE. Mr. Speaker, I would right to hold office in a political party; crats and Republicans. first like to commend my colleagues and It is supported by all but one member of the from New York and Missouri for their Forbids you from handing out cam Committee on Post Office and Civil Service, outstanding efforts on behalf of our paign pamphlets to your neighbors? which I have the honor of chairing. It is, as Nation's Federal employees. As a Yet these are the very restrictions well, supported by every major Federal em newly appointed member of the Post we place on our civil servants. Office and Civil Service Committee, I ployee organization, including organizations of The protections at the heart of the managers. am proud to give my full support to Hatch Act are retained in H.R. 20. H.R. 20, the Federal Employees' Politi At the outset, let me tell you that this legis Civil servants and the public are pro lation absolutely continues to forbid partisan cal Activities Act of 1989. tected from coercion and intimidation. H.R. 20 is a bipartisan effort to Bribery is still illegal. On the job polit political activity while on duty. It will not, as update a now obsolete law. The Hatch ical activities would still be prohibited. critics have suggested, turn the Federal work Act was enacted in 1939 in response to However, the most basic political place into a political arena. Quite the contrary. massive political abuses by certain rights given to all other employees are The language is perfectly clear. Federal em Federal employees. Surely, no objec restored-the right to free association ployees may not engage in any political activi tive Member ot Congress can equate and to participate in our Government ty while at work. the conditions of the Civil Service on every level. Federal employees will, however, be re System in 1939 to those existing in Finally, Mr. Speaker, let me specifi stored to full citizenship away from the job. In 1989. Federal employees in all levels of cally address the question of abuse by short, the bill simply says full citizenship off Government in every Government an IRS agent. the job and no political activity on the job. agency have proven themselves Mr. Speaker, all Federal employees This, I might point out, is a system that works worthy of our trust and respect. are prohibited from using his or her well for many States and many foreign gov The civil service is a worthy career official influence or official informa ernments. option entitled to the same rights as tion directly or indirectly for political The bill contains strong, clear prohibitions other professions. This week, the Post purposes under H.R. 20. Section 7323 for misuse of official influence. It provides that Office and Civil Service Committee of H.R. 20 clearly prohibits this activi employees can be fined, fired, or suspended will begin discussion of the Volker ty. for misusing their authority as Federal employ Commission report which studied the In addition, if an IRS agent attempt ees to coerce others for political ends. state of today's public service. The ed to directly or indirectly extort It is vital in a democracy to have citizen par Commission recommends a greater money, or help a taxpayer defraud the ticipation. And that should include all citizens, parity between Federal employment Government, or receive anything of not all citizens except those who work for the and its private counterpart. Many pro value for the compromise, adjustment, Federal establishment. American democracy visions in the 1939 Hatch Act are now or settlement of a charge, that individ does not force any group to participate, nei outdated and merely add another un ual shall be dismissed, fined up to ther should it exclude any particular group. necessary restriction on Federal em $10,000 and/or imprisoned not more Since it was passed in 1939, the cost of the ployees. The Commission states: than 5 years under title 26 of the Hatch Act to our Government has been great. Few things reduce commitment more than United States Code. IRS employees For nearly five decades we have denied our yet another struggle with the suffocating must abide by stricter laws than other selves the benefit of some of our best in bureaucracy within an agency. Federal employees. formed citizens in the governmental process. Opponents of H.R. 20 insist that It is also important to note that 41 And we have paid dearly. Federal employment is a privilege and States presently have more liberal We must remember that the Hatch Act was this privilege justifies restrictions on Hatch Acts than the Federal Govern passed during a period of rapid expansion of partisan political activity. Although ment and there is no evidence that the Federal Government-especially during this may have been the reality of the employees working in tax collection or that long and painful decade of the Great De 1930's, it is not the reality of the law enforcement positions have been pression when we learned the importance of 1980's. The Commission indicates that involved in any problems with regard the Federal Government's role in shortening the public service is not as attractive to political activity. the peaks and filling in the valleys of business an alternative as it once was. They I urge my colleagues on both sides of cycles. state: the aisle to support our public serv During this period there was deep and justi CT1he erosion has been gradual, almost ants by supporting H.R. 20. fiable fear that Federal workers could be ma imperceptible year by year. But it has oc nipulated by those to whom they felt they curred nonetheless. D 1310 owed their jobs. In a very real sense the Federal employment is a worthy Mr. FORD of Michigan. Mr. Speaker, I rise Hatch Act was created to protect Federal career goal entitled to our full support to support H.R. 20, long overdue legislation workers from the political asylum and to pro in the Congress. that would return to Federal and postal em tect the system from Federal workers. There is concern that the political ployees the right to participate in the Nation's There are striking differences today from system may be abused by civil serv political process. The Post Office and Civil the time the Hatch Act was enacted into law. ants. Will the IRS agent who comes to Service Committee reported this bill last week For one thing, we have a firmly established 6772 CONGRESSIONAL RECORD-HOUSE April 17, 1989 merit system that protects both the employees This bill is overwhelmingly support to allow Federal employees to fully and the public from political abuse as a result ed. There are 310 cosponsors to this participate in our Nation's political of employment. bill, far over the amount needed to process. And on top of this we have a sophisticated pass it. In the last Congress it passed The Federal Employees' Political Ac system of organizations today that protects this House 3 to 1; so the process is tivities Act of 1989 would modify the employees and their rights. There were far being fair here. We are trying to do 50-year-old Hatch Act, prohibiting fewer organizations, and with much less influ again what this House did in the last Federal and postal employees from ence, when the Hatch Act became law. Congress. participating in political activities. Al At that time less than 32 percent of the Second, the gentleman from Virgin though the Hatch Act had good inten Federal work force was under the merit ia, who is a good friend of mine, who tions when implemented, it is time to system, compared to 78.6 percent today. worked very hard for Federal employ change this antiquated law and permit It is patently obvious that the differences ees, has spoken in opposition to this Federal employees the same rights af today are enormous. And clearly the law that bill. We disagree on this issue. forded other citizens in our political may have been necessary nearly 50 years Let me say to my friend from Virgin process. ago is no longer appropriate today. To under ia, this issue does not deal with pay in Mr. Speaker, H.R. 20 does not sug stand this we need only examine how different terms of legislation, but it may well the civil service is today from that time nearly deal with pay in terms of whether gest that Federal and postal employ a half a century ago. Federal employees can be ignored by ees should be allowed to engage in po The arguments presented in this Chamber the political leaders of this country, ig litical activities while on the job. In then for passage of the act simply are not nored because they do not have politi fact, this measure strictly prohibits valid today. cal clout, influence, and involvement employees from conducting such ac To believe otherwise we would have to be because why? We have prohibited tivities while on duty, in uniform, lieve that the spoils system, under which the them from exercising the rights that while in a Federal building, or while winner won the right to name most of the we tell to the rest of the world ought using a vehicle owned or leased by the work force, still exists. to be given to every citizen, irrespec Government. In addition, there are The fact is that when the guard changes at tive of race, color, sex, or national other provisions that protect Federal the White House these days, the incoming origin. and postal employees from coercion President has precious little opportunity to Oh, but if you are a Federal employ and undue influence, the original place his supporters and cronies in Federal ee, my friends, forget about exercising intent of the Hatch Act. jobs. your full rights as an American; but if Employees will be prohibited from The Hatch Act as it exists today in truth pro you are a citizen of the State of Vir using their authority to interfere with tects almost no one while working a terrible ginia, the Commonwealth of Virginia or influence election results, intimi burden on those it was designed to protect by does not denigrate your constitutional date an employee to make a financial excluding them from the political process. rights in a free democracy. No, the contribution, or require them to par H.R. 20 has as its primary premise the citizens of Virginia can fully partici ticipate in an election. Employees will belief that Federal employees should be free pate. continue to be protected against these to engage in any political activity on their own I come from the great State of abuses while enjoying the right to ac time but should not engage in any political ac Maryland, the free State of Maryland. tively participate or not participate in tivity on the job. Maryland does not prohibit its em the political process while maintaining It would give Federal employees the right to ployees from fully participating in the the integrity of the civil service. manage campaigns, solicit contributions, work electoral and political process of our Mr. Speaker, since enactment of the on phone banks, or even run for office while State. We count them as full citizens, Hatch Act, there have been over 3,000 off the job and away from the work place. fully able to exercise the greatest free administrative rulings necessary to en This is something that should have been dom that we have in this country to force this law. As a result, there are done years ago. It is something that cannot participate fully and freely in electing numerous inequities that would allow be put off any longer. our leadership. Cabinet Secretaries to actively cam Mr. SIKORSKI. Mr. Speaker, I yield Yes, I suggest to my friend from Vir paign for a candidate, but does not 4 minutes to the gentleman from ginia this may well be an issue of pay allow their personal secretaries to Maryland [Mr. HOYER]. and benefits and standards. It may stuff envelopes for a candidate on off. Mr. HOYER. Mr. Speaker, I rise well be, my friend, because we in this duty time. today to join my colleagues, the chair body and the President just down the This example demonstrates the con man of the Committee on Post Office road tends to pay attention to people fusion that the Hatch Act and its sub and Civil Service, Subcommittee on who can fully participate an impact Civil Service, Congressman GERRY SI upon the political decisions of our sequent regulations have created. H.R. KORSKI, and the gentleman from Mis 20 will serve to eradicate this unneces Nation. sary bureaucracy and eliminate the souri, Congressman WILLIAM CLA y. I Let me say, Mr. Speaker, that I have am pleased to once again be a cospon full faith and trust in the Federal em current confusion over the limited role sor of this important legislation. I ployees of this country. They are that Federal and postal employees can would like to thank and commend going to responsibly and effectively play in the political process. Clearly, Congressmen SIKORSKI and CLAY for exercise the rights that this House is with little understanding of the roles their commitment to restore political overwhelmingly going to vote to give that employees can or cannot play, the participation rights to Federal employ them. Hatch Act as it is now, intimidates ees and for bringing this important I have no concerns, I hope my friend workers from participating in political legislation to the floor today. from Virginia does not have concerns, activities at all. Let me discuss a couple things, if I about the responsibility of our Federal Now is the time for Congress to initi can; first of all, process. We have all employees who can exercise these ate reform and give our Federal and been in this House for some period of rights consistent with the highest postal employees the right to exercise time. There are bills that are contro principles of this Nation the laws of their first amendment rights of free versial, where the lines are closely this country. speech and association. We need to drawn, where openness is essential, In the lOOth Congress, identical leg make them an integral part of Ameri openness in the sense of giving every islation H.R. 3400 overwhelmingly ca's political process and grant them body an opportunity to amend, change passed the House by a vote of 305 to the opportunity to fully participate in and debate, et cetera; but we ought 112. The legislation before us today, the construction of our Government. not to have a process that is just a H.R. 20, has 310 cosponsors. Clearly, We need only to ensure that they do slave to process itself and not reality. Mr. Speaker, this is a bipartisan effort not abuse this right by keeping politi- April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6773 cal activities out of the workplace and I also want to compliment the gen It will ban absolutely all politicking while on duty. tleman from Minnesota [Mr. SIKOR in the Federal workplace, including Therefore, today, Mr. Speaker, I SKI], the gentleman from Michigan the wearing of political buttons, but it would like to commend Congressman [Mr. FORD], and the gentleman from will allow Federal employees on their CLAY and Congressman HORTON on New York [Mr. GILMAN] and all of own time to engage in the full range of their efforts to grant a fundamental those people who worked hard and political activities open to other citi and constitutional right to the Federal diligently for this very important leg zens. and postal employee, and I urge all of islation. By taking this black and white ap my colleagues to join with me in sup You know, this H.R. 20 has to do proach, no partisan political activities port of the Federal Employees' Politi with revising the set of rules that on the job, any otherwise legal activi cal Activities Act of 1989. govern Federal employees' participa ties off the job, the Hatch Act reform Mr. HORTON. Mr. Speaker, I yield tion in politics, which is complicated, bill would clear up the ambiguity and such time as she may consume to the inconsistent, unduly restrictive of Fed vagueness surrounding partisan politi gentlewoman from Illinois [Mrs. eral employees on their free time. We cal involvement by Federal employees. MARTIN]. know it as the Hatch Act. It is so con We have heard argued that many Mrs. MARTIN of Illinois. Mr. Speaker, today fusing that many Federal employees Federal employees like the present re I rise in support of H.R. 20, the Federal Em find it difficult to exercise their politi strictions because the rules provide a ployees' Political Activities Act, commonly cal rights, even to the extent permissi convenient excuse for avoiding politi known as the Hatch Act Reform Act. ble. They are confused as to what the cal involvement. If that is true of some Our Nation has a long history of political ac limits are, so they play it safe by stay Federal employees, then it is particu tivity and freedom of speech. Yet, in this Bi ing out entirely or almost completely larly important to note that the being uninvolved. centennial year of one of our most precious According to the law, a Federal or a Reform Hatch· Act would even more documents, the Constitution of the United postal employee may wear on the job a effectively protect these workers' States, 3 million of our Federal employees campaign button for his or her favor rights to remain uninvolved. It would lack one of our basic rights as citizens of this ite Presidential candidate, but it is do so through the ban on all the on great Nation-the right to participate in the against the law for that same Federal the-job political activities, including political process. employee or any other Federal em those that were previously legal. It Some would argue that Federal employees ployee to host a "meet the candidate" would do so through a prohibition on should be apolitical. Although services the citi coffee at home after hours. contributions to the campaign of a su zens of this Nation receive from our Federal I want to also point out that now a pervisor. employees should not be based on the politi Cabinet Secretary can host a fund The new legislation will also tough cal beliefs of either the Federal employees or raiser for a candidate, but the clerical en penalties for misuse of official au the citizens they serve, the Hatch Act has ef secretary in that very same agency thority or information and prohibit fectively forbade Federal employees from cannot address envelopes on his or her employees from soliciting, accepting or having political beliefs. own free time for a candidate. receiving a contribution from a person Reform is long overdue. H.R. 20 represents The Federal employee's family car who has or is seeking a contract with a bipartisan effort to restore to those 3 million may sport a political advertisement no the employees' agencies, is regulated Federal employees their right to freely partici larger than 15 by 30 inches, but a po by the agency, or has an interest that pate in our Nation's political process, a right litical advertisement posted on a Fed may be affected by the performance of which is enjoyed by almost all other citizens of eral worker's lawn may be no larger the employees' duties. Penalties for the United States. than 14 by 22 inches. violation of these rules include fines, H.R. 20 prohibits any political activity what So you can see the Hatch Act restric suspension, demotion, removal from soever on the job, while permitting Federal tions. Those are just a few of the ex specific jobs, and disqualification from employees to utilize all their rights as citizens amples, based on a conglomeration of any Federal employment for a period off the job. H.R. 20 also prohibits any cam more than 3,000 separate regulatory not to exceed 5 years. paign solicitation by supervisors as well as rulings issued before 1940 deprives 3 any coercion or intimidation by or of Federal million American citizens who work D 1320 employees. for the Federal Government of the po Mr. Speaker, I just want to reiterate, Fifteen years ago, Congress removed re litical voice that is their right. and I simply want to say, that 40 strictions on the political activities of State and As an example, it has been a loss to States allow these rights for their em local employees when it passed the Federal the country that scientists for the Na ployees, and as we celebrate the 200th Election Campaign Act Amendments of 1974 tional Institutes of Health, inspectors anniversary of Congress, we, the (Pub. L. 93-443). I believe that the restrictions from the Department of Agriculture, people, should include Federal em within H.R. 20 will sufficiently protect the citi statisticians from the Census Bureau, ployees. zens of this country from politicized Federal have not been permitted to participate Mr. BURTON of Indiana. Mr. service, while allowing 3 million Federal em in politics over the past 49 years since Speaker, I yield 3 minutes to the gen ployees to exercise the rights the rest of us the Hatch Act was passed. The loss to tleman from Minnesota [Mr. FRENZEL]. enjoy. them and to their communities is par Mr. FRENZEL. Mr. Speaker, the Mr. HORTON. Mr. Speaker, I yield 5 ticularly strongly felt in the Washing House is now embarking on its bienni minutes to the gentlewoman from ton area, the home of some 350,000 al Hatch Act reform adventure. Each Maryland [Mrs. MORELLA]. Federal employees. of the last couple of bienniums we Mrs. MORELLA. Mr. Speaker, first In Maryland's Eighth Congressional have decided that in the name of of all, I want to express my apprecia District,' which I represent, there are reform we have to literally scrap the tion that this bill is coming before us, some 60,000 Federal employees, about Hatch Act. Each year those of us who H.R. 20, so early in the session. 20 percent of registered voters, who have reservations about it but who Also I certainly want to commend are restricted by the Hatch Act. would like to change the Hatch Act my colleague, the gentleman from We are going to be voting on this are not allowed to make amendments Missouri [Mr. CLAY] for reintroducing legislation to correct the Hatch Act. on the floor, and the debate on what I this important legislation, and also for The reform bill, I will reiterate, is a think is a rather important issue of the work in the last session by the very carefully crafted bipartisan com more than passing interest, not only to gentleman from Missouri, Mr. Gene promise, as has been mentioned, there the millions of Federal workers, but Taylor. are over 310 cosponsors on both sides also to the people of the United This is certainly what we fashioned of the aisle and all the 8 Members States, is given 40 minutes of debate as the Missouri compromise. from Maryland are cosponsors. under the suspension process. 6774 CONGRESSIONAL RECORD-HOUSE April 17, 1989 I thought I was the only one who I will just say to my friend that I make campaign speeches; they may was being cut out of the game, but think Federal employees who are in join a political party or club, but they after hearing the gentleman from Vir sensitive areas like the Federal elec may not hold an office in a political ginia, I see that there is probably a tion law would most likely refrain be party or club; they may wear or dis very good reason why we are not al cause of what they are charged to do, play political badges, buttons, or stick lowed to raise debate and to make but let me just say this: It is not easy ers, but they may not distribute those amendments, because some of them to be a public servant, a civil servant, same badges, buttons, or stickers. might pass. today, particularly Federal employees. Mr. Speaker, my civil service con Unlike the gentleman from Virginia They are, by the President's own Com stituents are frustrated because the [Mr. WOLF], I do not represent a lot of mission, 26 percent behind the private very institution they serve will not Federal employees. On the other sector in salary. They are behind in serve them. We must reform the hand, as part of my jurisdiction in terms of comprehensive health cover Hatch Act to allow Federal workers years past, I had to watch some of age. They pay for a good percentage of greater participation in the political them work. Some of these are mem their own health coverge. Every year process on their own time-and strong bers of the Federal Election Commis we see budgets submitted that would er rules to protect their professional sion staff, the people who are charged attack their retirement system, and neutrality and integrity on the taxpay with monitoring and enforcing our the retirees, once they are retired, ers' time. I urge my colleagues to join election laws and with drafting certain after being career employees, very me in voting for H.R. 20. rules that relate to election laws, and often, as is the case in the various pro Mr. BURTON of Indiana. Mr. here is a bill which is totally liberating posals, are not given equity with re Speaker, I yield 2 minutes to the gen them to engage in any kind of partisan spect to cost-of-living adjustments like tleman from Texas CMr. ARMEY]. activity those employees care to their brothers and sisters who are cov Mr. ARMEY. Mr. Speaker, to bring engage in, and with what have already ered under Social Security, and to add been described as inadequate enforce onto all of that that they are denied this bill to the floor under the Suspen ment procedures. what is the basic American citizen's sion Calendar, a bill that pretends to A couple of years ago I complained right, the right to fully participate in protect the rights to participate in the when this same group of employees our governmental process and in our political process of the working men were able through their union to form political process; it is as all-American and women of America who are Feder a political action committee and con as apple pie and motherhood, chil al employees, and to bring this bill tribute to the Presidential candidates dren, et cetera. Why should they be under the Suspension Calendar, which whom they were regulating, and in the denied to express themselves, to volun denies the right to participate by specific instance of my complaint, teer for the person of their choice in virtue of offering amendments that they had something to say about de terms of a campaign? Why should would further protect the rights of claring that a candidate was not even they be denied to have a certain type these working men and women from a candidate yet; he was an experimen of lawn display for the candidate of coercive tactics by special interest tal candidate; and yet their union PAC their choice? What is the real reason groups, is the worst kind of speical in was able to contribute to it. This is the here? Why are their brothers and sis terest power politics. kind of thing that makes the public ters for the most part, local civil serv Mr. Speaker, I am going to register suspect of congressional reform. ants, not denied this right? my protest to this kind of power poli What we are doing is taking off rules The fact of it is we have a wonderful tics by asking for a recorded vote on willy-nilly and exposing ourselves to process, legislative process, around this measure, and I would ask the great risks and dangers in our democ here. We have been remiss in passing Members of this body as they consider racy in the future, and until this Con this legislation for many, many years, what vote they will cast to decide gress is willing to let us have a shot at and it is reminiscent, without exagger whether or not they will cast a vote some amendments and some honest ating, of the rights that women went for the freedom and for protection of debate on this bill, I am certainly not through. I remind my friends that the freedom and rights of federally going to be able to vote for it. women did not have the right to vote employed working men and women of Mr. Speaker, I support many of the until 1920. We were belated then, and America in their districts, or will they reforms that are in here, but simply to we are belated now. instead vote for the Potomac power say that the whole problem is easy, we Mr. Speaker, let us pass this. base groups that are behind this bill in just give everybody anything they Mr. HORTON. Mr. Speaker, I yield 1 this form, and want it rushed through want, is not a good way to do it, espe minute to the gentleman from Wash this body without the amendments cially when we find that the anybodies ington [Mr. MILLER] that will decrease their coercive abili mostly do not want these special privi Mr. MILLER of Washington. Mr. ties and increase the freedom of work leges, because they notice that we are Speaker, I rise in support of H.R. 20. ing men and women. taking away protections, and I intend This will return to Federal civilian em to vote against the bill. ployees their right to participate in D 1330 Mr. SIKORSKI. Mr. Speaker, I yield the political process on their own I suggest that Members who believe 2 minutes to the gentlewoman from time, and will protect these employees in freedom and participation without Ohio [Ms. 0AKAR]. from intimidation or coercion on the coercion vote against this bill today on Ms. OAKAR. Mr. Speaker, I thank taxpayers' time. That is the way it behalf of the people in their districts the gentleman for yielding me this should be. who elected them rather than the time. Mr. Speaker, the Hatch Act was es people in this town who would take Mr. Speaker, I congratulate the gen tablished in 1939 to prevent politics advantage of those hard working men tleman from Minnesota [Mr. SIKOR from affecting civil service promotions and women. SKI], the gentleman from Missouri and job security. But recent strict in Mr. HORTON. Mr. Speaker, I yield [Mr. CLAY], the gentleman from New terpretations of the Hatch Act have the balance of my time, 2 minutes, to York CMr. HORTON], and others. This taken civil servants out of politics, in the gentleman from New York CMr. bill has 310 cosponsors, the vast ma stead of taking the politics out of civil GILMAN]. jority of the House, who saw fit to co service. As it stands, the Hatch Act is Mr. GILMAN. Mr. Speaker, I rise in sponsor it. I have tremendous respect confusing and inconsistent as to what support of the motion to suspend the for my friend, the gentleman from Federal employees may do on their rules and pass H.R. 20. Second, I com Minnesota. We worked together nu own time. Federal employees may ex mend the gentleman from Missouri merous occasions with respect to sub press an opinion publicly about candi CMr. CLAY] and the gentleman from committee and House administration. dates and issues, but they may not New York CMr. HORTON] and the gen- April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6775 tleman from Minnesota, [Mr. SIKOR held without public hearing in the an uncertainty about what is permissible under SKI] for their diligent work in bringing Senate, with almost no debate on the the current Hatch Act regulations. The great this bill to the floor at this time. The floor and passed under unanimous risk today isn't a spoils system so much as passage of this legislation, the Federal consent procedures on the floor of the the technical violations of the Hatch Act Employees Political Activities Act of Senate. Why does that not undercut Rules. Ironically, the law to protect workers is 1989, will finally grant postal and Fed the merits of the current Hatch law now being used to harass them. eral employees the "political civil and support those of us, the 309 It is essential that we correct this situation. rights" they so much deserve * * * the others besides myself in this body who By supporting the legislation before us, we will right to participate voluntarily in our want this legislation for the constitu allow Federal and Postal Service employees Nation's political processes. tional rights of Federal employees? to become involved in a supportive role of the I join my colleagues in acknowledg Mr. Speaker, I yield 45 minutes to political process, and permit them to run for ing the key role played by my prede the gentleman from New Jersey [Mr. elected office or for party roles. At a time cessor, as the ranking minority HUGHES]. when there is so much discussion on how we member on the Post Office and Civil Mr. HUGHES. Mr. Speaker, I want can open up the process and ensure that the Service Committee, the gentleman to congratulate the gentleman from more qualified candidates will run for office, it from Missouri, GENE TAYLOR for his Minnesota CMr. SIKORSKI] and the seems to me that one clear approach is to substantive work on this issue. gentleman from New York CMr. allow millions of Americans who are currently H.R. 20 makes it clear to these work HORTON] for bringing H.R. 20 to the excluded the essential exercise of rights and ers that they may engage in any legal floor, the Federal Employees' Political the opportunity to participate. I would not sup political activity off the job but not Activities Act. In my 8 terms in Con port this approach unless I was convinced while on duty. The measure also en gress I have voted on this legislation that sufficient safeguards exist to guarantee a ables employees to seek elective office each of those terms. nonpoliticized Federal work force. I certainly and increase protection for employees We are dealing with basic equity. I who have no desire to become politi do not have a lot of Federal employees do not advocate the demise of necessary pro cally active. in my district. What I do have are very tections, but rather a balanced approach that Although H.R. 20 does restrict important employees, but they are not permits public workers to exercise their rights, postal and Federal employees from second class citizens. They should be and to take part in the self-governance of our wearing political buttons while on the able to support the candidate or candi Nation. clock or on Government property, dates of their choice at home. Mr. Speaker, H.R. 20 is lhe proper vehicle other than these restrictions, postal In fact, this bill would protect, I to achieve this by bringing current law up to and Federal employees could engage think, the Federal Government and date. During the last Congress, many of my in legal political activity off the job. our process by ensuring that they do colleagues realized the wisdom of this legisla Employees may run for office without not politic at the office, in the work tion when they passed a similar bill by a sub taking leave, as long as the campaign place. So it is a reform that is long stantial majority. The Post Office and Civil ing does not interfere with the per overdue, and I urge my colleagues to Service Committee understood the signifi formance of their duties. An employee support the legislation. cance of this bill and the positive impact it will who requests leave without pay for Mr. VENTO. Mr. Speaker, today I express have on our democratic process. They ap the purpose of running for office can my support for the millions of Federal and proved H.R. 20 overwhelmingly. With over 300 only be denied such leave by manage Postal Service employees who have been congressional House sponsors, it is well past ment "based on the exigencies of the denied their first amendment rights for nearly the time to pass this essential legislation, en public business." half of a century. These are rights that all suring that the Senate will act and that the Mr. Speaker, H.R. 20 sets straight Americans share and too often take for grant Federal public workers will finally be afforded years of ambiguities, inaccuracies, and ed. It is time to put an end to this discrimina the full rights of citizenship. misunderstandings. With the passage tion against U.S. Government employees, and Mr. Speaker, the legislation before us de of this bill, Federal workers will final support the Federal Employees' Political Ac serves all of our support. It is essential that ly know what they can or cannot do. tivities Act, H.R. 20. Our political structure and we who represent the final product of Ameri H.R. 20 is long overdue and a most fabric is strong and will surely be enhanced by ca's democratic political process recognize welcome development. Accordingly, I the full unfettered involvement of Federal not only the need, but the right for all citizens strongly urge my colleagues to support workers, the primary protection that Federal to participate in that process. I urge my col this bill. workers need in the political process is that of leagues to vote for passage of this essential Mr. BURTON of Indiana. Mr. power, to participate and vote. This legislation reform. Speaker, I have no more requests for to form the Hatch Act is long overdue. While Mr. GEPHARDT. Mr. Speaker, the House of time, and I yield back the balance of the original law may have served a purpose in Representatives today considers the Federal my time. the past to ensure against abuses in the still Employees' Political Activities Act. I am proud Mr. SIKORSKI. Mr. Speaker, I yield young and developing merit system, the politi to cosponsor this bill with my colleague from myself 1 minute. cal environment we find ourselves in today is St. Louis, MO, BILL CLAY. Mr. Speaker, I want to talk about dramatically different. History points out that This legislation would permit employees of the suspension issue. Suspension is a public employees needed protection from a the executive branch and U.S. Postal Service procedure. It is neither intrinsically spoils system and harassment, but today to participate in partisan political activities as meritorious or intrinsically evil. It is a strong civil service laws and public employee long as they do so on their own time and not procedure. If it is your legislation that unions serve to counter balance the once per on the job. The bill is needed to reform the is passing, it is the ark of the cov vasive political intrusion so prevalent in Feder longstanding denial of political rights to feder enant. If it is legislation you oppose, it al employment. There now exists a separate al employees as defined in the so-called is Satan incarnate. system of merit protection which protect em Hatch Act. In fact, in this process we have had ployees from political pressure or reprisal. The It is wrong to deny privileges to 3 million over 15 hearings over the years on Hatch Act of today no longer serves its origi Americans employed by the Federal Govern Hatch Act reform. The support within nal function with the same degree of clarity it ment because of a law passed over 50 years this institution is incredible. Over 310 might once have possessed. In the 1989 real ago in an era where politicking was under Members have cosponsored this legis world, the numerous and extremely complex scrutiny because of widespread abuses. Such lation. Why do those who attack this statutes are ill-defined, creating great uncer abuses are simply not prevalent in the modern legislation now, by those of us who tainty and an ambiguous environment in which political environment. Current law contains a support reform, not attack the proce many Federal workers are unsure of what is hodgepodge of restrictions on Federal em dure? permissible. As a result, many U.S. Govern ployees. It is confusing on many fronts: Feder Originally this legislation, sponsored ment employees are afraid to participate at all, al employees may speak on political issues, by Senator Hatch of New Mexico, was and in some instances even to vote, due to but not at political gatherings; they may attend 6776 CONGRESSIONAL RECORD-HOUSE April 17, 1989 a political convention, but not as delegates; placed by that act on the political rights of nal intention of the Hatch Act was to prevent they may sign a nominating petition for a polit Federal and postal employees. political pressure from developing within the ical candidate, but they may not circulate it. In 1939 the Hatch Act was enacted into Federal Government and its agencies. The This confusion engenders much doubt over law. Since that time Federal and postal em net result has been an exclusion of Federal what is allowable and not allowable under the ployees have been barred from running for workers from any political activity. Since the Hatch Act. It is time to remove this doubt. public or party office at any level. Federal and passage of the Hatch Act in 1939, legislation Last year the House overwhelmingly passed postal workers have also been prevented from has been passed which prohibits coercion of identical legislation because of the specified participating in partisan political campaigns on postal and Federal employees, making the safeguards in the legislation. These protec a free and voluntarily basis. They have been Hatch Act obsolete and detrimental to over 3 tions guarantee that Federal employees will uable to campaign for candidates in partisan million people. not be pressured with political solicitations on elections, even contests at the State and local H.R. 20, which I have cosponsored, prohib the job and prohibit government facilities from levels. Under the Hatch Act Federal and its political activity on the job site while allow being used for partisan political purposes. postal employees have been denied first ing postal and Federal employees to partici One of the things that makes our country amendment rights to make campaign speech pate in the democratic process on their own great is the ability of people from all walks of es, distribute materials, or collect campaign time. I believe this is a fair and just measure life to be able to participate in the political contributions in any partisan compaign. and will continue to support it this year in Con process. We should be commending citizens The Hatch Act originally intended to correct gress. for getting involved in the political process, alleged abuses of the merit system at a time I urge my colleagues to support H.R. 20. not reprimanding them. That is why I support of expansion within the Federal bureaucracy is Mr. ACKERMAN. Mr. Speaker, I rise in sup this much needed legislation. obsolete and in need of reform. The environ port of H.R. 20, which amends the Hatch Act ment that led to the enactment of the Hatch Mr. FAZIO. Mr. Speaker, I rise today in en to give Federal employees the right to partici Act 50 years ago does not obtain now. The thusiastic support of H.R. 20, the Federal Em pate in America's electoral process. I am Federal Government responding to growth in ployees' Political Activities Act of 1989. The proud to be a cosponsor of this historic our population and a much more complex and time has long since come to restore Federal reform. interdependent national and global situation employees' rights of citizenship, and I am At the present time, 41 States either permit, has tripled in size. Today, 3 million of our or at least do not prohibit, public employees' proud to be a cosponsor of this legislation. fellow citizens serving in the Federal Govern When Congress Hatched Federal employ ment are being denied their political rights. participation in most general campaign and ees in 1939, it intended to prevent partisan Today, we have a well established merit partisan political activities. America's 2.8 mil minded Government managers from coercing system that guards against the kickbacks and lion Federal employees should have this same Federal employees to participate or refrain coercion that led to the enactment of the first amendment right, but the Hatch Act re from participating in political activities. Since Hatch Act. stricts their ability to do so. then over 3,000 regulations have been pro Additionally, the Hatch Act is unworkable The present law is enforced by 3,000 regu mulgated in an attempt to protect Federal em and has consequently been administered in a lations, many of which are silly and contradic ployees from coercion while ensuring their po most arbitrary, confusing, and undefined tory. For instance, they permit Federal em litical rights. manner. Rather than protecting Federal work ployees to support a candidate but forbid Unfortunately, the existing restrictions on ers, the Hatch Act has become a source of in them to host a meet-the-candidate forum in the political activities of Federal civil servants timidation and fear, chilling even the most ele their homes. Federal employees can attend a have evolved into a morass of regulations that mentary act of democratic participation, political rally, but they can't wave a banner or are confusing, often conflicting, and have the voting. Cases have been reported of Federal flag. They can put a lawn sign in front of their effect of chilling even lawful participation in workers fearing to vote lest they be found in homes, but it must be smaller than a bumper our Nation's political process. With such a violation of the law. sticker. contradictory and complicated set of rules, it's H.R. 20 opens the way the Federal and H.R. 20 abolishes these confusing limita no surprise that many Federal and postal em postal employees to regain their first amend tions. It gives Federal employees the option of ployees choose to avoid the political process ment rights and their ability to participate in participating in partisan election campaigns, altogether for fear of violating Hatch Act rules. our democracy. With this legislation Federal and allows them to raise funds or even run for The legislation before us will restore politi and postal employees would regain the right office. But the bill also strengthens the safe cal freedom for Federal and postal employ to participate voluntarily in political activities guards which are needed in order to protect ees. The Federal Employees' Political Activi without fear of reprisal or penalty. workers from political coercion by banning all ties Act would ban all on-the-job political activ H.R. 20 also provides ample protection on-the-job political activities, even those which ity while ensuring, with few restrictions, that against abuse and protects the national inter are permitted now. Federal and postal employees are free to ex est in the integrity of the merit system and the The bill, which was approved on April 12 by ercise their political rights as citizens outside impartial administration of the functions of the Committee on Post Office and Civil Serv the Federal workplace. government. Partisan political activity would ice, effectively protects any worker who The House overwhelmingly passed this bill be strictly prohibited when on the job. Addi chooses not to be involved in politics by pro in the last Congress. However, in the face of tionally, there are stringent provisions against viding an array of penalties for an abuse of of a threatened veto by the previous administra any activity by a Federal or postal employee ficial authority by a Federal employee, includ tion and with time running out at the end of designed to intimidate or improperly influence ing fines, job termination, or jail. the session, Hatch Act reform was never con a colleague or the public in the exercise of the Mr. Speaker, H.R. 20 has broad bipartisan sidered by the full Senate. It's unclear at this right to freely engage in political activity. H.R. support, and I urge my colleagues to support time what position the President will take on 20 has specific and sufficient provisions to this long-overdue reform. Hatch Act reforms, but I'm hopeful he will rec enjoin abuse and offical coercion. Mr. RAHALL. Mr. Speaker, I am pleased to ognize the need for this measure. As an original cosponsor of this bipartisan rise in support of H.R. 20, the Federal Em I believe this bill strikes a balance between legislation and as a Member representing a ployees' Political Activities Act of 1989. political freedom for individual Federal em large number of Federal and postal employ H.R. 20 is identical to the legislation passed ployees and a Federal workplace free of politi ees who want their democratic rights restored, by the House in the 1OOth Congress, by a cal coercion. I commend Representatives BILL I urge all of my colleagues to join the 309 co vote of 305 to 112. I support this bill, as I did CLAY and FRANK HORTON for introducing H.R. sponsors of H.R. 20 in passing this much last year, because it provides a fair solution to 20, and urge my colleagues to support this im needed reform. the issue of Federal and postal employee' portant legislation. Mr. GARCIA. Mr. Speaker, I would like to participation in the political activities and proc Mr. FAUNTROY. Mr. Speaker, I rise in express my support for the Federal Employ esses of this country. In doing this, the bill strong support of H.R. 20, the Federal Em ees' Political Activities Act of 1989. also safeguards the integrity of the civil serv ployees' Political Activities Act of 1989. H.R. The ability to participate in political activities ice. 20 seeks to amend the Hatch Act of 1939 by is fundamental to the democratic process and The 50-year-old Hatch Act needs to be re extirpating the anachronistic prohibitions this right should extend to everyone. The origi- formed. The regulations that flow from it are April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6777 confusing, massive, and serve to inhibit Feder Hatch Act restrictions currently are very un have taken a giant step backward to the days al and postal employees from exercising legiti clear and complicated. Federal workers often when Federal employees were subjected to mate constitutional rights. The affected em distance themselves from even permitted po supervisors who provided employment and ployees, three million strong, deserve the right litical activities out of fear of violating the act. advancement opportunities based not upon not to be excluded from the political process Rather than serve as a benefit to Federal em job performance but upon political favors. just because they are Federal or postal em ployees, the Hatch Act as presently drafted Now assume that Mr. Doe has no knowl ployees. serves to silence these workers and keep edge of his subordinate's campaign contribu Many claim, Mr. Speaker, that if we pass them out of the political process altogether. tion, but that the public is aware of the subor this bill and it is enacted into law, that it will H.R. 20 would rectify this situation simply by dinate's campaign participation, and, finally, lead to official, political coercion. This bill, I prohibiting all on-the-job political activity while that the subordinate is promoted. The appear firmly believe, prohibits all such uses of official permitting participation in any otherwise legal ance of bias alone would most likely under authority or influence to interfere with the political activity during the Federal employees' mine the public's confidence in that particular result of an election or to intimidate any indi own time. This "bright line" rule would provide government office. clear guidance on permissible activity, and vidual to vote or not to vote, to give or with Although I support the goals of this legisla would thereby remove the chilling effect on hold a contribution, or to engage or not tion, I think that it can and should be improved political participation that the currently vague engage in any political activity. The only offi before becoming law. I am disappointed that cial information a Federal employee may use standard imposes. It is time for Congress to recognize the right once again, Hatch Act reform legislation is for any political purpose is information already· being considered under suspension of the available to the public. The various criminal of the Federal work force to fully participate in the political process, just as other citizens, rules. This procedure prevents Members of prohibitions relating to elections and political and to further recognize that Federal workers, this body from making the sort of changes activities contained in chapter 29 of title 18 of just as workers in the private sector, can deal that I have suggested. I understand that the the U.S. Code are conformed in this legisla with partisan pressures without jeopardizing language being considered by our Senate col tion. the integrity of their work product. leagues more effectively addresses the prob Other than the restrictions that have been This is not to say that my decision to sup lems associated with political coercion and made part of this bill to safeguard against offi port H.R. 20 has been an easy one. One con employee office holding. Thus, I am support cial coercion, Federal employees may engage cern that I have surrounds the potential for ing H.R. 20 with the hope that these concerns in any legal political activity off the job, includ coercion of employees that could follow relax can be addressed before final submission of a ing the ability to run for political office. ation of Hatch Act restrictions. I am particular bill to the President. Federal employees should have the same ly cognizant of the fact that coercion can be, Mr. BORSKI. Mr. Speaker, I rise in strong constitutional protection of the right to free and most often is, subtle. A boss need not support of H.R. 20, the Federal Employees speech and association as is afforded all threaten his subordinate with dismissal or Political Activities Act. other Americans. This bill, after a long 50 denial of an earned promotion to coerce that This legislation will allow civil servants to years during which the Hatch Act successfully employee to engage in political activities that participate in the elective process on their shut them out of the process, returns those further the interests of his superior. Instead, own time. Under the 50-year-old Hatch Act, rights to these dedicated public servants, free the boss may rely upon unspoken assump Federal employees are forbidden from partici ing them from the fear of reprisal or penalty. tions and innuendo that conformity with the pating in partisan political activities. Unfortu Mr. Speaker, I strongly support this bill, H.R. politics of the office is the way to advance nately, the antiquated law which was designed 20. I hope that my colleagues will join me in ment and job security within the organization, to protect Federal employees from political voting for its swift passage today, and express resulting in subtle pressure on workers to con harassment has become the very vehicle re the hope also that our colleagues in the form to the political philosophy of the office. stricting their rights as American citizens. Senate will expedite action on similar legisla The same sort of pressure to conform may be The Hatch Act is composed of over 3,000 tion. applied by leaders of the employee's union. I administrative regulations, many which contra Mr. PARRIS. Mr. Speaker, with some reluc am hopeful that the enforcement provisions of dict each other. It provides vague and arbi tance, I rise in support of H.R. 20, the Hatch H.R. 20 are strong enough, and that the Merit trary guidelines for Federal employees seek Act reform measure presently before Con Systems Protection Board will be diligent ing to participate in the political process. H.R. gress. The Hatch Act was enacted in 1939 to enough in carrying out its enforcement duties 20 will amend the Hatch Act to allow civil protect Federal workers from partisan political under the measure, to effectively eliminate servants to participate in political activities activities. The act was adopted in response to even subtle pressures to conform to office without dismantling the important protections actual coercion of Federal employees during politics. The enforcement mechanisms under the Franklin Roosevelt administration and intended by the original law. H.R. 20 must be closely monitored to ensure Because the Hatch Act is so complicated abuses of the merit system during the 1930's. that coercion and patronage are truly guarded and contradictory, civil servants have chosen The purpose of the act was to protect govern against. to stay out of the process altogether rather ment employees from such coercion and I am also concerned about provisions per than risk violating the act. The regulations de abuse. mitting a Federal worker to take a leave of ab signed under the guise of protecting civil serv In today's society, however, the Hatch Act sence from his/her Federal service position to ants from political coercion actually limit em goes too far and simply serves to restrict Fed run for public office. I continue to believe that eral workers unnecessarily in exercising their these provisions go a step beyond granting ployees actions on their own time. fundamental rights to participate fully and Federal workers the same rights of political H.R. 20 will prohibit Federal employees freely in the political process. Due to the freedom as private sector employees and from using official authority or influence to strength of government employee unions and place at risk the public's continued confidence interfere with the result of an election or to in of the press, the Hatch Act no longer serves in the Federal Government. timidate an individual to vote or not to vote, to as the sole guardian against political abuses As an example, consider the Federal give or withhold a contribution, or to engage in in the Federal service. It is difficult to believe worker, John Doe, who under the provisions political activity. The measure also prohibits that a supervisor who attempts to use his in of H.R. 20 takes a leave of absence from his Federal employees from promising or threat fluence to coerce a subordinate to vote a cer job and runs for a local public office. Assume ening certain actions, including providing or tain way or contribute money to a particular that Mr. Doe is defeated, and, as permitted withholding compensation, grants, contracts, candidate would survive the wrath of that sub under the bill, returns to his Federal job. Fur licenses, and rulings. ordinate's union or public exposure from the ther assume that Mr. Doe learns that of the In fact, H.R. 20 not only leaves intact the press, and it is likely that the political issue or six subordinates who work under him and live important protections established under the candidate involved also would suffer as a in his district, only one worked on his cam Hatch Act, but also strengthens prohibitions result of the union or press exposure. The risk paign. If Mr. Doe has the opportunity to pro on using a Federal position for political pur of exposure for the supervisor would be too mote this subordinate over the others, and poses. The civil service will remain free of po great and would serve as a strong deterrent does, based upon the subordinate's campaign litical manipulation and continue to serve the to employee coercion or abuse. effort, then the Federal Government would public in an impartial and fair manner. 6778 CONGRESSIONAL RECORD-HOUSE April 17, 1989 I believe passage of this legislation is long The Hatch Act was passed to fix the seri ployees from promising or threatening certain overdue and I am proud to support H.R. 20 as ous problem of political coercion in the Feder actions, including providing or withholding a cosponsor. As the son of a letter carrier, I al work force, and in its current form, it pro grants, contracts, licenses, and rulings. know firsthand about infringement on individ vides two very significant protections. The first Moreover, H.R. 20 strengthens provisions in ual rights imposed by the Hatch Act on Feder is to protect government workers from threats the Hatch Act designed to protect Federal al employees. My father was forbidden from and reprisals, both real and perceived, if they employees from coercion by their supervisors. publicly lending his support for my initial bid fail to adopt or endorse a particular partisan For example, the bill prohibits Federal man for public office. political view. Federal workers have a right to agement superiors from soliciting political con For these reasons, Mr. Speaker, I am be free from political pressures and solicita tributions from their employee subordinates. pleased to support this legislation and I urge tions from their supervisors and coworkers. I strongly urge my colleagues to vote for my colleagues to support this necessary revi The act recognized that subtle pressures on H.R. 20. Federal employees should no longer sion of the Hatch Act as well. government employees are often extremely be treated like second-class citizens. Mrs. BYRON. Mr. Speaker, I rise in support difficult to document. Mr. SMITH of Texas. Mr. Speaker, it is un of H.R. 20, the Federal Employees' Political The second, is to protect the public from fortunate that the House leadership has not Activities Act. threats and reprisals, again, both real and per afforded the House an opportunity for full This important legislation will allow Federal ceived, from government workers. Those debate on reform of the Hatch Act-an impor workers and Postal workers employees to par threats could include the use of government tant issue which goes to the heart of how this ticipate in political activities when off duty. It positions to coerce contractors to contribute Nation is governed and represented. will prohibit workers from engaging in political to certain candidates; pressure on people I support expanding the rights of Federal activities when they are on duty, wearing a dealing with the Internal Revenue Service; employees in order to allow the participation Federal uniform or driving a vehicle owned or and agencies dispensing grants or loans in the political process. But again, as in the leased by the Government. Only high level po having undue influence over applicants. Once last session, the House will not be able to litical employees would be exempt from this again, subtle pressures are difficult to docu fully address this issue because we have on duty ban, but they would be barred from ment. been prevented from offering perfecting using taxpayers' funds to pay for any political The job of government is the efficient oper amendments under the floor procedure man activity. ation of the Federal Government with equal H.R. 20 would also maintain ethical stand treatment of all taxpayers regardless of politi dated today. ards. Employees would be barred from using cal persuasion. The Hatch Act currently pro The procedure of suspending the normal government information for political purposes vides a measure of protection for government rules of debate has traditionally been reserved unless that information is available to the employees and for taxpayers. As H.R. 20 for the most noncontroversial measures, and public, and also from using their position to would drastically alter that delicate balance of those on which further debate and modifica coerce others into voting a certain way or protection, it should be defeated. tion is not desired. Considering the Hatch Act contributing to a politician's campaign. It Mr. MCMILLEN of Maryland. Mr. Speaker, I reform bill under suspension prevents us from would also allow Federal employees to run for rise today in support of H.R. 20, the Federal considering amendments to prohibit unions political office without taking leave, as long as Employees' Political Activities Act. I do so be from pressuring members on political matters the campaign does not interfere with their cause I believe Federal employees should of using dues for political purposes, to estab work. have the same political rights as currently en lish a sunset provision, and to establish a The Hatch Act was enacted in 1939 out of joyed by all other American citizens. commission to evaluate current Hatch Act re fear in Congress of the growing influence of The Hatch Act, which was enacted in 1939 strictions. President Roosevelt and the rapid growth of to provide for a fair and impartial Federal civil Mr. Speaker, we must respect the right of the Federal bureaucracy. During that time, service, bars most Federal and Postal employ Members to contribute to the legislative proc less than 32 percent of the Federal work ees from taking part in partisan political activi ess by offering amendments such as these. force of 950,000 was under the classified ties. It prohibits these employees from manag Therefore, while I support expanded political merit system. Today's Federal work force has ing a political campaign and running for politi participation rights for Federal employees, I approximately 3 million employees of which cal office. must cast a nay vote based on an objection to 78.6 percent are covered by the merit system. However, the arguments that were used this procedure, which violates the right of Enactment of the Hatch Act put into law back in the 1930's to justify the Hatch Act are House Members to engage in free and open over 3,000 administrative rulings of the Civil no longer valid today. When the Hatch Act debate. Service Commission. These 3,000 rulings still was originally passed, less than 32 percent of Mr. HAYES of Illinois. Mr. Speaker, I rise govern today. The law is confusing, overly the Federal work force of 950,000 was cov today to express my support for the passage broad and not understood by either the public ered by a classified merit system. Today the of H.R. 20, the Federal Employees' Political or the Federal and Postal employees to whom Federal work force is more than three times Activities Act of 1989, also known as the the rulings apply. The major restriction that larger, and approximately 70 percent of that Hatch Act reform. As an original sponsor of still remains today is that Federal and Postal work force is covered by a merit system that this legislation, I feel strongly about restoring employees cannot run as candidates for protects both employees and the public from Federal workers their right to participate in the public office tn partisan elections. undue political influence and abuse. political process. Mr. Speaker, H.R. 20 strikes the proper bal H.R. 20-which reforms the Hatch Act-re As you know, 50 years ago legislation was ance between the right of Federal and Postal moves unnecessary restrictions on political passed which prevented Federal workers from employees to participate in the political life of activities by the Federal work force, allowing running for public or party office at any level this Nation at all levels and the right of the them to use their off duty hours to manage and from participating in any partisan political public to impartial, nonpolitical administration political campaigns and run for political office. campaigns, as volunteers or paid employees. of the law. I urge my colleagues to support It also permits employees to request leave The act was originally intended to correct al this legislation. without pay or annual leave when running for leged abuses of the merit system that arose Mr. McCANDLESS. Mr. Speaker, the legis political office. Such requests must be granted with the growth of the Federal Government. lation before us, H.R. 20, would amend the unless the agency management determines However, times have changed. Currently, Fed Hatch act and allow employees of the Federal that existing work demands make granting eral workers work under a system of merit Government to directly participate in partisan leave to the employee impossible. protection which was designed to shield them politics. While I understand the strong senti At the same time, H.R. 20 tightens existing from political coercion. Clearly, the law which ments behind the legislation, I have reserva restrictions on political activities during work may have been necessary in 1939 is no tions about it and must oppose H.R. 20 in its hours. Among other things, this bill prohibits longer appropriate. present form. In addition, I object to the pro Federal employees from using their official au Additionally, the first amendment of the cedure under which this bill is brought before thority to intimidate an individual to vote or not Constitution guarantees to all Citizens of the the House of Representatives. That procedure to vote, to engage or not to engage in any po United States the right to political participa limits debate to 40 minutes, and prevents any litical activity, or to give or not to give a politi tion. Since 1939, Federal workers' rights in amendments from being offered to H.R. 20. cal contribution. It also prohibits Federal em- this area have been severely restricted. April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6779 In the 1OOth Congress this measure was an open rule. Then, we would have an oppor and the popularity of President Franklin overwhelmingly passed by the House, and I tunity for full debate and to improve the bill Roosevelt during the New Deal. again encourage my colleagues' support with amendments. The Hatch Act has been interpreted in a today. H.R. 20 provides voluntary, off duty po Mr. MARLENEE. Mr. Speaker, the Hatch manner that precludes Federal employees litical activities which do not interfere with the Act was instituted in 1939 to remove the from almost all political activities. The law for impartial administration of effective public spoils system from the Federal Government bids employees from campaigning for candi service. All the current civil and criminal penal civil service. It was passed to reassure the dates in partisan elections, making campaign ties for political coercion by Federal employ public that Federal employees were working speeches, distributing campaign material in ees are preserved. for them and not for any elected official. Even partisan elections, and collecting contributions As a Member of Congress that represents a with all the restrictions, there are still reported for any partisan candidate. Interpretation has substantial number of Federal workers, I am instances of attempted political coercion by become so restrictive that the very employees proud to stand today in support of legislation Federal civil servants. the law was intended to protect have been which seeks to bring true political freedom to During last year's election in my home State penalized instead. Postal and Federal employees who have been of Montana, postal unions contributed $12,500 This bill takes a straightforward approach to treated as second class citizens for the last to my opponent's campaign. The American reform of the Hatch Act-Federal employees 50 years. Again, Mr. Speaker I encourage the Postal Workers PAC contributed $2,000; would be able to fully participate in the politi support of my colleagues today in the pas NAPUS PAC for Postmasters contributed cal process on their own time but, at the sage of H.R. 20. $500; and the National Association of Letter same time, it would prohibit the use of official Mr. KOLBE. Mr. Speaker, this bill presents a Carriers Committee on Political Action contrib authority, influence or coercion with respect to tough dilemma for me. I am a cosponsor of uted $10,000. That is $12,500 from a group of the right to vote, not to vote, or to otherwise the Federal Employees' Political Activities Act. Federal employees who want more freedom engage in political activity. Reforming the Hatch Act makes a lot of to engage in partisan politics. $12,500 sounds But Mr. Speaker, although I commend Mr. sense. We all know the incredible contradic like they already have a good deal of freedom CLAY and Mr. HORTON for their work on this tions that currently exist in the Hatch Act. A to participate. What would be the outcome of legislation, I am nevertheless disturbed about Federal employee can have a sign on their lifting restrictions placed on them by the the way in which this bill was brought before car that is larger than the allowable yard sign. Hatch Act? Would the union bosses have an the House. I object vociferously that we would These types of ridiculous restrictions are in even stronger hand to whipsaw the average desperate need of clarification. well intentioned and consciencious Federal abandon the process by ramming this legisla Also at issue is fairness. Federal employees employee? tion through the House under suspension of should have the liberty to participate in the The answer is that this legislation would the rules and deny Members who represent political process if they so choose. This is par allow unprecedented involvement by Federal large numbers of Government employees an ticularly true with the ever decreasing percent employees in the electoral process. Identical opportunity to debate the bill fully and offer age of the American people who even bother legislation passed the House of Representa amendments as they see fit. to vote. It makes little sense to retain barriers tives last year under the suspension of the While I agree with the concept of this bill, I for those people who wish to be politically rules. With only 40 minutes of debate and no cannot support legislation that circumvents active. opportunities to add amendments or improve the regular process. We have a responsibility I realize that there are those who claim that the bill, I believe this legislation made a mock not only to our constituents and those Mem reforming the Hatch Act will cause an incredi ery of the legislative process by passing this bers who have a desire to be heard, and have ble politicization of the Federal work force. farreaching bill without an opportunity for a fair the right to be heard, but we have a responsi However, the environment of political spoils and open debate. bility to see to it that the process is not aban and cronyism have long since passed. In addi And, here we are once again repeating last doned. tion, the protections and penalties built into year's mistake. I opposed the Hatch Reform Ms. PELOSI. Mr. Speaker, I rise today in H.R. 20 are more than sufficient to prevent Act last year and I will do so today because of support of H.R. 20, the Federal Employees' and discourage abuse of the Hatch Act. the method used to consider this legislation Political Activities Act of 1989. The right to As you can see, I am a supporter of the and the bill fails to provide adequate protec participate freely and openly in decisions af reform measure before us today. Unfortunate tion to the public from political coercion by fecting their welfare has been an objective of ly, we will not be able to consider this major Federal Government workers. Would a farmer Americans since this country's inception. The piece of legislation in an open and free forum. feel pressure to contribute to a political candi Civil War was fought for this right; the Bringing this measure up under suspension of date if the ASCS loan officer drops a hint that women's movement and the civil rights move the rules is a clear effort to run this legislation the farmer's application would be looked more ment were based on it. In a democracy, this through the House. It does not allow those favorably if he did so? Protection from such right must be universal, guaranteed to all indi that have reservations or perfecting amend potential abuses is essential in maintaining viduals. ments the opportunity to present their cases. public confidence and trust in Federal civil A citizens' rights and responsibilities extend In fact, bringing up a bill under suspension of service. beyond suffrage. While the vote is the ultimate the rules is the best way to completely restrict Mr. Speaker, the first major overhaul of the political expression, it provides only one amendments. Hatch Act should be given more than 40 min method of affecting the political process. What escapes me is that if the leaders of utes consideration and some opportunity to Many other avenues of influence exist and this effort know they have sufficient votes to amend. I might also add that President Bush should be used by an informed citizenry. pass this by two-thirds, as required by the opposes this legislation, and it is destined for Today, we are debating whether those per suspension calendar, then why are they un an almost certain veto. I urge my colleagues sons who have chosen public service should willing to allow open and free debate. There to oppose this parody of legislation until a be given the right to participate fully in the are many Members on both sides of the aisle more rational approach can be considered. democratic process. On this point there who have questions and reservations about Mr. GUNDERSON. Mr. Speaker, I rise today should be no question. Just as political rights this legislation. It seems only fair to give them to address my concerns over H.R. 20, The should not be limited for reasons of race, sex the opportunity to voice their concerns. Federal Employees Political Activities Act or ethnic origin, neither should they be limited By bringing this measure up under suspen which would reduce the restrictions on politi by profession. sion of the rules, I am forced to vote against a cal activity while protecting employees from Federal employees must have the right to measure that I have strongly and consistently coercion if their political views differ from participate fully in the democratic process. I supported. I am forced to vote against many those of their supervisors. These concerns urge my colleagues to support H.R. 20. of my constituents wishes. No matter how are not directed at the bill itself, of which I am Mr. MCCLOSKEY. Mr. Speaker, I rise to ex strong the arguments in favor of passing this a cosponsor, but over the process in which press my wholehearted support for H.R. 20, to measure, the principle of institutional integrity the bill was brought before the House. allow increased participation by Federal and is a far greater argument. I would urge my col The act was originally intended to correct postal employees in the electoral process. leagues to vote against this measure under alleged abuses of the merit system that arose The original Hatch Act was passed over 50 suspension so that we might bring it up under with the growth of the Federal Government years ago as a remedy to abuses which oc- 6780 CONGRESSIONAL RECORD-HOUSE April 17, 1989 curred in the system. Currently, the rules gov present, I would have voted "aye" on pas A community forum on this subject last year erning Federal and postal employees partici sage of H.R. 20. in my district generated considerable interest, pation in political campaigns are complicated, Mr. FOGLIETTA. Mr. Speaker, I address my and unanimous support for reform of the cur restrictive, and inconsistent. The Hatch Act is remarks to H.R. 20, the bill to reform the rent law. long overdue for revision because Federal Hatch Act, and free Federal Government em Hopefully, the other body and the adminis hiring has changed substantially and most ployees to do what all of us can do, enjoy the tration will be more supportive of Hatch Act Federal employees are brought into the serv freedom-and responsibility-of political in reform than they have been in the past. In any ice through the merit system. The Hatch Act volvement. event it is important for this House to reaffirm has deprived postal and Federal workers of First, I want to pay tribute to Congressman its commitment, and H.R. 20 provides us with basic democratic rights. FRANK HORTON and my good friend, BILL just that chance. H.R. 20 is identical to the bill which passed CLAY, for seeing this battle through year after The SPEAKER pro tempore. The the House of Representatives last session by year. question is on the motion offered by a vote of 305 to 112. It is a reasonable and I would feel more comfortable if this bill the gentleman from Minnesota [Mr. responsible approach to reinstate the basic specifically prohibited Federal Government SIKORSKI] that the House suspend the rights which have been denied to Federal and employees, holding sensitive positions, from rules and pass the bill, H.R. 20, as postal employees. H.R. 20 allows Federal and being allowed to engage in politics. I fear, for amended. postal employees to participate in political ac example, the IRS agent or FBI agent who The question was taken. tivities during their own free time. No political could, directly or implicitly, use his or her posi Mr. SIKORSKI. Mr. Speaker, on activities are allowed while on duty or on the tion to exert pressure on voters by virtue of that I demand the yeas and nays. job. This bill also contains mechanisms to their position. For these reasons, I plan to in The yeas and nays were ordered. guard against official coercion. It strengthens troduce legislation to amend this law so to The SPEAKER pro tempore. Pursu the penalties to protect government employ preclude this type of pressure. ant to the provisions of clause 5, rule ees from intimidation and coercive behavior. Importantly, however, H.R. 20 contains pro I, and the Chair's prior announce I believe that the bill reported by the Post visions to prohibit a Federal employee from ment, further proceedings on this Office and Civil Service Committee provides a putting the muscle-as the saying goes-on motion will be postponed. proper balance of restoring basic political voters. I hope the employing Federal depart rights and providing ample protections against ments will be vigilant in enforcing the provi abuse. sions of this act which prohibit pressure by REMOVAL OF NAME OF MEMBER H.R. 20 is a truly bipartisan effort to allow Federal employees. AS COSPONSOR OF HOUSE the Federal and postal work force to partici Despite my concerns, I believe this is an im JOINT RESOLUTION 169 pate voluntarily in the democratic process of portant step. Participating in the political proc Mr. RHODES. Mr. Speaker, I ask elections. ess is a precious right-as those in this body unanimous consent that my name be I want to commend Chairman BILL FORD of well known. The old Hatch Act is arbitrary in removed as a cosponsor of House Joint my committee and my colleagues Mr. CLAY, the people it excludes from politics. Why, for Resolution 169. Mr. SIKORSKI, Mrs. SCHROEDER, Mr. GILMAN, example, should a boilermaker at the Philadel The SPEAKER pro tempore. Is and Mr. HORTON for their leadership in guiding phia Naval Shipyard be prevented from in there objection to the request of the this bill to the floor. This bill is vital to Federal volvement in politics? Why should a reception gentleman from Arizona? and postal workers and I urge my colleagues ist for the Social Security Department not be There was no objection. to support H.R. 20. allowed to campaign for the candidate of her Mr. LELAND. Mr. Speaker, I commend Mr. choice? MARTIN LUTHER KING, JR., CLAY (D-Missouri) and Chairman FORD (D Thus, I favor passage of H.R. 20 and hope FEDERAL HOLIDAY COMMIS Michigan) for introducing H.R. 20, the Federal that it becomes law. SION EXTENSION ACT Employees Political Activities (The Act). The Mr. DICKS. Mr. Speaker, I want to extend Hatch Act has made all Federal and postal my congratulations to my colleagues Mr. CLAY Mr. SAWYER. Mr. Speaker, I move employees second class citizens with respect and Mr. SIKORSKI for their work to forward this to suspend the rules and pass the bill to the exercise of those political rights guaran legislation to the House floor so promptly. REMOVAL. -Section 9 of Public Law 98- or her job? Clearly, Hatch Act reform is one of 399 (98 Stat. 1475) is amended to read as fol the most compelling issues affecting the political campaigns and raise funds on their lows: public work force which this Congress needs own time. "Sec. 9. The Commission shall continue in to address. The legislation at the same time retains im existence until terminated by law.". I urge my colleagues to enact H.R. 20 be portant protections against using official au (b) CONFORMING AMENDMENTS. - cause of the need to achieve a sound balance thority or influence to impact political activities (1) FINDINGs.-Paragraph (3) of the first between the political rights of Federal and including any activities that would create a section of Public Law 98-399 <98 Stat. 1473) postal employees and the policy imperative conflict of interest. is amended by striking "first". (2) PuRPOSES.-Section 3(1) of Public Law that these employees perform their duties In my State, we have a caucus system for 98-399 <98 Stat. 1473) is amended by strik without reference to partisan political interests nominating delegates to the national conven ing "first occurs on January 20, 1986" and and considerations. I agreed to cosponsor tions of the major political parties. Under cur inserting "occurs on the third Monday in H.R. 20 because the measure properly strikes rent law, Federal employees cannot run to be January each year". this delicate balance. delegates at such caucuses, and there are SEC. 3. MEMBERSHIP. M~. Speaker, due to official business in my real restrictions on how actively they can par (a) TERMS IN GENERAL.-Section 4(C) of district this morning, I was unable to cast my ticipate in the debate that goes on at this, the Public Law 98-399 <98 Stat. 1474) is amend vote in support of H.R. 20. Had I been real grassroots level, of the political process. ed to read as follows: April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6781 "(c)(l) Except as provided in paragraphs manent the Martin Luther King, Jr., I want to commend Congressman (2) and (3), members of the Commission Federal Holiday Commission, and to JOHN CONYERS, the sponsor of H.R. shall be appointed not later than June 1 of 1385, each year for terms of 1 year, and any va authorize an annual appropriation for for his dedication to keep Dr. cancy in the Commission shall be filed in the operation of the Commission. King's dream alive. the manner in which the original appoint The Commission was established by During his lifetime, Martin Luther ment was made. Any vacancy in the Com Congress in 1984 to encourage appro King, Jr., represented hope to millions mission shall not affect its powers. priate ceremonies and activities relat of Americans. Today, with the critical "(2) Coretta Scott King shall serve as a ing to the observance of the Federal problem of drug abuse, and high drop member for life. In the event of a vacancy, legal holiday in honor of Dr. King. out and unemployment rates among her position on the Commission shall be filed by a member of the family surviving When the Commission first began its minority youth, I believe the Commis Martin Luther King, Jr., not already a work, only 19 States observed the sion can continue Dr. King's legacy by member of the Commission, who shall be King holiday. Today, all but six States bringing hope to many young people appointed by the family and shall serve as a have made Dr. King's birthday a holi who have lost sight of the dream. member of the Commission at the direction day, and over 100 foreign countries cel Mr. Speaker, I urge my colleagues to of the family. · ebrate the occasion, as well. support this important legislation, and "(3) The 2 members of the Commission In providing assistance and guidance I reserve the balance of my time. appointed as members of the family surviv to States and organizations with re ing Martin Luther King, Jr., shall serve as 0 1340 members of the Commission at the discre spect to observance of the King holi tion of the family.". day, the Commission has distributed Mrs. MORELLA. Mr. Speaker, I (b) CONTINUATION OF TERMS OF EXISTING several hundred thousand pamphlets yield myself such time as I may con MEMBERS.-The individuals who are mem and posters, and responded to thou sume. bers of the Commission on the date of the sands of inquiries. The Commission Mr. Speaker, H.R. 1385 makes per enactment of this Act shall be considered to also publishes a newsletter, "Living manent the Martin Luther King, Jr., have been appointed members for a term the Dream," which provides informa Federal Holiday Commission and au ending on the first June 1 that occurs after the date of the enactment of this Act. tion to holiday observers around the thorizes $500,000 for each fiscal year. SEC. 4. REPORTS. country. The Commission was established in Section 8 of Public Law 98-399 <98 Stat. Equally important, the Commission 1984 and charged with the responsibil 1475) is amended by striking the period at has sponsored activities which pro ity of making Martin King, Jr., Day a the end and inserting the following: "with mote Dr. King's goals of racial equali meaningful national holiday. The respect to the most recent observance of the ty and nonviolent social change. Dr. Commission advises, educates, and as Federal legal holiday honoring the birthday King's teachings are promoted sists Federal, State, and local govern of Martin Luther King, Jr.". through the Commission's participa ments and private organizations in SEC. 5. AUTHORIZATION OF APPROPRIATIONS. tion in projects on issues such as drug their activities. (a) AUTHORIZATION.-Section 7 of Public abuse, illiteracy, voter registration, Mr. Speaker, Martin Luther King, Law 98-399 (98 Stat. 1474) is amended to read as follows: and urban economic development. Jr., left a legacy to this Nation; a "SEC. 7. There is authorized to be appro For the past 5 years, the Commis legacy for all people regardless of priated to carry ou this Act $500,000 for sion has carried out its work without color, race, ethnicity, age, or gender. each fiscal year.". Federal funding. Given the difficulty He taught the lesson of love, under (b) CONFORMING AMENDMENTS.- of ra1smg funds through private standing, and the power of persuasion EXPENSES OF MEMBERS.-Section 4(d) of sources, the Commission has faced se through the civil rights movement. Public Law 98-399 <98 Stat. 1474) is amend rious obstacles in carrying out its man The "I Have a Dream" speech given ed by striking "subject to section 7" and in serting "subject to the availability of suffi date, since far too much time and by Dr. King in 1963 galvanized mil cient funds". effort must be spent soliciting dona lions then and still reverberates (2) PAY FOR STAFF.-Section 6(a) of Public tions. throughout the world today. Law 98-399 <98 Stat. 1474> is amended by H.R. 1385 has two major provisions. The Martin Luther King, Jr., Com striking "Subject to section 7" and inserting First, the bill establishes the Martin mission has the task of helping the "Subject to the availability of sufficient Luther King, Jr., Federal Holiday Nation to focus on those dreams-not funds". Commission as a permanent Commis just for 1 day each year but every day. The SPEAKER pro tempore

... '·~..-.•~ April 17, 1989 CONGRESSIONAL RECORD-HOUSE 6807 LINS, Mr. JoNTZ, Mr. MRAZEK, and Mr. DELETIONS OF SPONSORS FROM H.R. 586: Mrs. UNSOELD. PENNY. PUBLIC BILLS AND RESOLU H.R. 917: Mr. SYNAR. H. Res. 25: Mr. MACHTLEY. TIONS H.J. Res. 169: Mr. RHODES. H. Res. 122: Mr. COMBEST and Mr. HORTON. Under clause 4 of rule XXII, spon sors were deleted from public bills and resolutions as follows: