AMENDING THE HATCH ACT CONCERNING JUNE 6, 1944.-Referred to the House Calendar and ordered to be printed Mr. FEIGHAN, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 330] The Committee on the Judiciary, to whom was referred the bill (H. R. 330) to amend section 16 of the act entitled "An act to prevent pernicious political activities", approved August 2, 1939, as amended, having considered the same, report the bill favorably to the House with amendments, with the recommendation that, as amended, the bill do pass. The committee amendments are as follows: Strike out all of the bill after the enacting clause and insert in lieu thereof the following: That subsection 9 (a) of the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939 (53 Stat. 1148), as amended by the Act of July 19, 1946 (54 Stat. 767, U. S. Code, title 18, sec. 61h), be, and it hereby is, amended by adding to said subsection, at the end thereof, the following sentence: "The provisions of the second sentence of this subsection shall not apply to the employees of the United States Government, including the employees of The Alaska Railroad, residing in municipalities on the line of the railroad, in respect to activities involving the municipality in which they reside." Amend the title to read as follows: A bill to amend subsection 9 (a) of the Act entitled "An Act to prevent pernicious political activities”, approved August 2, 1939, as amended. GENERAL STATEMENT The purpose of the bill, as reported by the committee, is to permit employees of the United States Government who reside in municipalities along the line of The Alaska Railroad, in the cities of Seward, Anchorage, and Fairbanks and other smaller places, to participate in local political matters involving the municipal governments only. All this area is served by The Alaska Railroad which is owned and operated by the United States Government, and as a consequence an unusually high proportion of the population of each municipality along the line of the railroad is employed by the Federal Government. These citizens, who have a direct, personal interest in local government, urge that it would be highly desirable to have the Hatch Act so amended as to permit them to participate actively in the selection of local school boards and local common councils, and to serve as members thereof. The city of Anchorage, which is the official headquarters of The Alaska Railroad, may be taken as an example. Prior to the war more than one-fourth the residents of that city were in the employ of the United States Government, a large proportion of them employed by The Alaska Railroad, and thus prevented from taking effective measures to secure efficient local government. Many of the people affected are among the most responsible citizens of the municipalities in which they reside, and their active influence in local governmental matters should be a potent influence for good government. The enactment of the bill would not permit such government employees to take active part in national or Territorial political matters. The Delegate from Alaska advises that political party contests in Alaska have never extended to municipal affairs, which are always confined to local issues. The enactment of the bill should tend to promote good government in the cities affected and would in no manner operate to break down the principle of the Hatch Act. As amended, the bill has clearance of the Bureau of the Budget and is in harmony with the views of the Attorney General as expressed in his letter of December 23, 1943, addressed to the chairman of the committee as follows: Hon. HATTON W. SUMNERS, OFFICE OF THE ATTORNEY GENERAL, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for my views relative to the bill (H. R. 330) to amend section 16 of the Hatch Act. The bill under consideration would permit Federal employees including employees of The Alaska Railroad who reside in municipalities along the line of the railroad to take an active part in political management or political campaigns involving the municipality in which they reside. Under existing law, Government officers and employees, with certain exceptions, are prohibited from taking an active part in political management or political campaigns (sec. 9 of the act of August 2, 1939, commonly known as the Hatch Act, 53 Stat. 1148, U. S. C., title 18, sec. 61h). Government employees who reside in the States of Maryland or Virginia in the immediate vicinity of Washington, D. C., or who reside in municipalities, the majority of whose voters are employed by the United States Government, may take an active part in political management or in political campaigns affecting such municipalities if the United States Civil Service Commission determines that by reason of special or unusual circumstances such participation would be in the interest of such persons (sec. 16 of the act of July 19, 1940, 54 Stat. 767, U. S. C., title 18, sec. 61p). The bill under consideration would make an additional exception to the provisions of existing law and would permit Government employees residing along the line of The Alaska Railroad to participate in political management and political campaigns affecting the cities in which they reside. It appears that the purpose of the legislation is to restore to Government employees residing along the line of The Alaska Railroad the same rights to participate in political management and political campaigns affecting the cities in which they reside that they had prior to the enactment of the Hatch Act. The bill in its present form, however, is somewhat broad and may have the effect of granting greater rights to such persons than it is intended to give them. Accordingly, I suggest that the measure be amended to read as follows: "That Subsection 46 9 (a) of the Act entitled 'An Act to prevent pernicious political activities', approved August 2, 1939 (53 Stat. 1148), as amended by the Act of July 19, 1940 (54 Stat. 767, U. S. Code, title 18, sec. 61h) be, and it hereby is, amended by adding to said subsection. at the end thereof. the following sentence: ""The provisions of the second sentence of this subsection shall not apply to the employes of the United States Government, including the employes of The Alaska Railroad. residing in municipalities on the line of the railroad. are permitted to take an active part in political management or politica' campaigns in respect to activities involving the municipality in which they reside The title of the bill should also be amended by inserting the number "9 (a)" in lieu of the number "16". If the bill is amended as above suggested, I find no objection to its enactment. I have been informed by the Director of the Bureau of the Budget that the enactment of the bill, amended as above suggested, would not be in conflict with the program of the President. Sincerely yours, CHANGES IN EXISTING LAW FRANCIS BIDDLE, Attorney General In compliance with clause 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law in which no change is proposed is shown in roman with new matter proposed to be added printed in italic): THE BILL AS INTRODUCED SEC. 16. Whenever the United States Civil Service Commission determines that, by reason of special or unusual circumstances which exist in any municipality or other political subdivision, in the immediate vicinity of the National Capital in the States of Maryland and Virginia or in municipalities the majority of whose voters are employed by the Government of the United States, it is in the domestic interest of persons to whom the provisions of this act are applicable, and who reside in such municipality or political subdivision, to permit such persons to take an active part in political management or in political campaigns involving such municipality or political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political management and political campaigns to the extent the Commission deems to be in the domestic interest of such persons. The employees of the United States Government, including the employees of The Alaska Railroad, residing in municipalities on the line of the railroad, are permitted to take an active part in political management or political campaigns involving the municipality in which they reside. THE BILL AS REPORTED SEC. 9. (a) It shall be unlawful for any person employed in the executive branch of the Federal Government, or any agency or department thereof, to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No officer or employee in the executive branch of the Federal Government, or any agency or department thereof, except a parttime officer or part-time employee without compensation or with nominal compensation serving in connection with the existing war effort, other than in any capacity relating to the procurement or manufacture of war material shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. For the purposes of this section the term "officer" or "employee" shall not be construed to include (1) the President and Vice President of the United States; (2) persons whose compensation is paid from the appropriation for the office of the President; (3) heads and assistant heads of executive departments; (4) officers who are appointed by the President, by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal laws. The provisions of the second sentence of this subsection shall not apply to the employees of the United States Government, including the employees of The Alaska Railroad, residing in municipalities on the line of the railroad, in respect to activities involving the municipality in which they reside. 2d Session No. 1603 ALASKAN INTERNATIONAL HIGHWAY COMMISSION JUNE 6, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. BLOOM, from the Committee on Foreign Affairs, submitted the following REPORT [To accompany H. R. 4625] The Committee on Foreign Affairs, to whom was referred the bill (H. R. 4625) to extend the existence of the Alaskan International Highway Commission for an additional 4 years, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. For the information of the Congress there is included in this report the following letter from the Secretary of State: Hon. SOL BLOOM, House of Representatives. DEPARTMENT OF STATE, MY DEAR MR. BLOOM: I have received your letter of April 20, 1944, enclosing for such comment as I might desire to make, several copies of H. R. 4625, a bill to extend the existence of the Alaskan International Highway Commission for an additional 4 years. Insofar as the interests entrusted to this Department are concerned, I perceive no objection to the passage of this bill. Sincerely yours, О CORDELL HULL. |