SUBCOMMITTEE MARKUP OF H.R. 10671 AND H.R. 10659 TUESDAY, AUGUST 8, 1978 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The subcommittee met, pursuant to notice, at 10:25 a.m., in room 1310, Longworth House Office Building, Hon. Ronald V. Dellums (chairman of the subcommittee) presiding. Present: Representative Dellums, Delegate Fauntroy, Representative McKinney. Also present: Robert Brauer, subcommittee staff; Hugh Calkin, subcommittee staff; Edward C. Sylvester, staff director; James T. Clark, legislative counsel; Margi Hall, committee staff; Harry M. Singleton, deputy minority counsel; David Patch, minority staff. Mr. DELLUMS [following other business]. The Chair recognizes the gentleman from Connecticut. H.R. 10671 Mr. MCKINNEY. Mr. Chairman, I would like to offer an amendment in the nature of a substitute to H.R. 10671 re council qualifications, and to H.R. 10659, the Hatch Act revisions. Mr. DELLUMS. The gentleman is recognized for 5 minutes. Mr. MCKINNEY. I think that the other members of the committee have a copy of my amendment in the nature of a substitute. [The amendment referred to follows:] AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 10671 OFFERED BY MR. MCKINNEY Strike out all after the enacting clause and insert the following: That section 403(c) of the District of Columbia Self-Government and Governmental Reorganization Act, relating to compensation of the Chairman of the Council of the District of Columbia, is amended— (2) by inserting ", except as otherwise provided under paragraph (2)," before "the Chairman shall not engage in"; and (3) by adding at the end thereof the following new paragraph: "(2) Nothing in paragraph (1) shall be construed to prohibit the Chairman from engaging in occasional teaching, writing, or lecturing. The Council shall have authority to determine by regulation what constitutes occasional teaching, writing, or lecturing for purposes of the preceding sentence.". SEC. 2. Section 7324(d) (4) of title 5, United States Code, relating to exceptions to certain prohibited political activity by government employees, is amended to read as follows: "(4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, the Chairman of the Council of the District of Columbia, or any other individual employed by the government of the District of Columbia who is paid from the appropriation for the office of the Mayor of the District of Columbia or for the Council of the District of Columbia, as established by the District of Columbia Self-Government and Governmental Reorganization Act; or". Both bills as drafted would, among other things, amend the Charter to allow a Council member to run for a different office before the end of his term, and to define when a person is considered to be a "candidate" for elected office. Judge Gesell ruled in the recent Barry case, that the District's election law requiring elected officials to resign before running for another office was unconstitutional. Therefore, those sections relating to this matter contained in the original bills are no longer needed. The bills also contain the following provisions: H.R. 10671-Amends 403 (c) of the Charter relating to compensation of the Council Chairman, to allow occasional teaching, writing, or lecturing as determined by Council regulation. H.R. 10659-An amendment to section 7324 (d) of Title V, U.S. Code (Hatch Act) to permit staff members of each individual councilmember and the Mayor to participate in otherwise prohibited political activities. My amendment in the nature of a substitute, Mr. Chairman, does two things. It allows the City Council to clarify what will be considered outside employment for the City Council Chairman and it allows those individuals who are staff to the City Council and to the Mayor to be exempted from the Hatch Act which now prohibits them from taking part in the political campaigns of their bosses. I think that it is a very narrow line that we draw here, but I think that the City Council can make their own decisions in this matter and my amendment in the nature of a substitute would so allow them. Therefore, I would move my amendment in the nature of a substitute to H.R. 10671, which was Mr. Diggs' bill. Mr. DELLUMS. And to H.R. 10659, which is yours. Is there any further discussion? [No response.] Mr. DELLUMS. The vote occurs on the amendment in the nature of a substitute to the bills, H.R. 10671 and H.R. 10659, All in favor, say "aye." A CHORUS OF AYES. Mr. DELLUMS. All those opposed? [No response.] Mr. DELLUMS. The "ayes" have it. The amendment in the nature of a substitute is passed. Without objection, the bill will be reported as a clean bill. But, first, we should vote on that. VOTE ON CLEAN BILL All of those in favor of reporting the bill as a clean bill to the full committee, signify by saying "aye." A CHORUS OF AYES. Mr. DELLUMS. All of those opposed? [No response.] Mr. DELLUMS. The "ayes" have it. The bill will be reported as a clean bill to the full committee, in place of H.R. 10671 and H.R. 10659, both amended. Is there any further business to come before the subcommittee? [No response.] Mr. DELLUMS. If not, the subcommittee stands in adjournment. [Whereupon, at 10:35 a.m., the subcommittee was adjourned.] [Subsequently the following clean bill, H.R. 13784, was introduced; also the memorandum showing changes thereby in existing law:] [H.R. 13784, 95th Cong., 2d sess. by Mr. McKinney, et al., August 8, 1978] A BILL To amend the District of Columbia Self-Government and Governmental Reorganization Act to clarify the circumstances under which the Chairman of the Council of the District of Columbia may engage in outside employment, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 403 (c) of the District of Columbia Self-Government and Governmental Reorganization Act, relating to compensation of the Chairman of the Council of the District of Columbia, is amended(1) by inserting "(1)" after "(c)"; (2) by inserting ", except as otherwise provided under paragraph (2)," before "the Chairman shall not engage in"; and (3) by adding at the end thereof the following new paragraph: "(2) Nothing in paragraph (1) shall be construed to prohibit the Chairman from engaging in occasional teaching, writing, or lecturing. The Council shall have authority to determine by regulation what constitutes occasional teaching, writing, or lecturing for purposes of the preceding sentence.". SEC. 2. Section 7324(d) (4) of title 5, United States Code, relating to exceptions to certain prohibited political activity by government employees, is amended to read as follows: "(4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, the Chairman of the Council of the District of Columbia, or any other individual employed by the government of the District of Columbia who is paid from the appropriation for the office of the Mayor of the District of Columbia or for the Council of the District of Columbia, as established by the District of Columbia Self-Government and Governmental Reorganization Act; or". [Amended by H.R. 13784] HOME RULE ACT ADDITIONAL COMPENSATION FOR COUNCIL CHAIRMAN SEC. 403. (c) (1) The Chairman shall receive, in addition to the compensation to which he is entitled as a member of the Council, $10,000 per annum, payable in equal installments, for each year he serves as Chairman, but, except as otherwise provided under paragraph (2), the Chairman shall not engage in any employment (whether as an employee or as a self-employed individual) or hold any position (other than his position as Chairman), for which he is compensated in an amount in excess of his actual expenses in connection therewith. 2) Nothing in paragraph (1) shall be construed to prohibit the Chairman from engaging in occasional teaching, writing, or lecturing. The Council shall have authority to determine by regulation what constitutes occasional teaching, writing, or lecuring for purposes of the preceding sentence. (New language in italic.) [Amended by H.R. 13784] UNITED STATES CODE TITLE V § 7324 § 7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) An employee in an Executive agency or an individual employed by the government of the District of Columbia may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election; or (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (b) An employee or individual to whom subsection (a) of this section applies retains the right to vote as he chooses and to express this opinion on political subjects and candidates. (c) Subsection (a) of this section does not apply to an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (d) Subsection (a) (2) of this section does not apply to (1) an employee paid from the appropriation for the office of the President; (2) the head or the assistant head of an Executive department or military department; (3) an employee appointed by the President, by and with the advice and consent of the Senate, who determines policies to be pursued by the United States in its relations with foreign powers or in the nationwide administration of the Federal laws; [(4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, or the Chairman of the Council of the District of Columbia, as established by the District of Columbia Self-Government and Government Reorganization Act; or] (4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, the Chairman of the Council of the District of Columbia, or any other individual employed by the government of the District of Columbia who is paid from the appropriation for the office of the Mayor of the District of Columbia or for the Council of the District of Columbia, as established by the District of Columbia Self-Government and Governmental Reorganization Act; or (New language in italic.) (5) the Recorder of Deeds of the District of Columbia. |