PROPOSED INVESTIGATION AND STUDY OF THE OPERATION AND ENFORCEMENT OF THE HATCH ACT, THE CORRUPT PRACTICES ACT, AND OTHER FEDERAL REGULATIONS GOVERNING ELECTIONS FRIDAY, JULY 19, 1957 SUBCOMMITTEE ON ELECTIONS OF THE COMMITTEE ON HOUSE ADMINISTRATION, Washington, D. C. The subcommittee met, pursuant to notice, at 10 a. m., in room G-53, Capitol Building, Hon. Robert T. Ashmore, chairman of the subcommittee, presiding. Present: Messrs. Ashmore, Long, Abbitt, and Lesinski. Also present: Mr. Julian Langston, clerk, and Mr. Samuel H. Still, special counsel, Library of Congress. Mr. ASHMORE. Gentlemen, we will come to order. I want to announce that Congressman Long of Louisiana, Congressman Abbitt of Virginia, and the chairman, Robert T. Ashmore of South Carolina, are present. We are here this morning to take up consideration of H. R. 1167 and H. R. 433, two bills very similar in nature. We might insert both of these bills in the record at this time. (H. R. 1167 and H. R. 433 are as follows :) [H. R. 1167, 85th Cong., 1st Sess.] A BILL Establishing a Commission to study certain aspects of the restrictions on political activities imposed under sections 9, 12, and 15 of the Act commonly referred to as the Hatch Political Activities Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OF THE COMMISSION ON RESTRICTIONS OF POLITICAL ACTIVITIES UNDER THE HATCH POLITICAL ACTIVITIES ACT SECTION 1. (a) There is hereby established a bipartisan commission to be known as the Commission on Restrictions of Political Activities Under the Hatch Political Activities Act (referred to in this Act as the "Commission"). (b) Service of an individual as a member of the Commission or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes of the United States (5 U. S. C., sec. 99). MEMBERSHIP AND ORGANIZATION OF THE COMMISSION SEC. 2. (a) The Commission shall be composed of twelve members as follows: (1) Four appointed by the President of the United States, two from the executive branch of the Government and two from among representatives of employee organizations of the Federal Government; (2) Four appointed by the President pro tempore of the Senate, two from the Senate and two from private life; and (3) Four appointed by the Speaker of the House of Representatives, two from the House of Representatives and to from private life. (b) of each class of two members provided for in subsection (a), not more than one shall be from each of the two major political parties. (c) Any vacancy in the membership of the commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) The commission shall elect a chairman and a vice chairman from among its members. (e) Seven members of the commission shall constitute a quorum. DUTIES OF THE COMMISSION SEC. 3. (a) The commission shall conduct a full and complete investigation and study of the administration, operation, and enforcement of sections 9, 12, and 15 of the Act commonly referred to as the Hatch Political Activities Act, approved August 2, 1939 (5 U. S. C., secs. 118i, 118k, and 1181), to determine what changes therein are necessary, in the opinion of the commission, in order to grant the greatest possible freedom of political activity to the greatest possible number of persons whose political activities are now restricted under such sections, consistent with the preservation of governmental efficiency and impartiality. In the course of such investigation and study the commission shall (1) consider the possibility of excepting from the operation of such sections certain persons, or classes of persons, whose political activities are now restricted thereunder, including persons employed by State and local governments who are paid in any part from Federal funds; (2) consider the advisability of attempting to define more precisely the activities prohibited by such sections; (3) consider the advisability of classifying violations of such sections according to the nature of the political activity engaged in by the violator, and prescribing more severe penalties for serious violations and lesser penalties for minor violations, giving particular attention to the advisability of granting the United States Civil Service Commission complete discretion with respect to prescribing minimum penalties for minor violations; (4) study the possibility of granting discretionary power to the heads of the various departments and agencies of the United States in which the officers and employees are restricted in their political activities by such sections, to make a determination as to which officers and employees, or classes thereof, should be permitted to engage in certain political activities otherwise prohibited under such sections, including a determination with respect to the extent to which such officers and employees, or classes thereof, should be excepted from the provisions of such sections; (5) consider the advisability of providing for a continuing review, or periodic reviews, of Federal laws restricting political activities of persons employed by the Federal Government, and persons employed by State and local governments who are paid in any part from Federal funds, in order to keep such restrictions at a minimum, consistent with governmental efficiency and impartiality; and (6) attempt to determine whether the purposes of the reviews of Federal laws referred to in paragraph (5) of this section could best be served by providing for such reviews at periodic intervals by temporary commissions or boards established from time to time for that purpose, or by providing for the establishment of a permanent Commission or Board to conduct a continuing review and periodically recommend changes in such laws which are necessary, in the opinion of such Commission or Board, to grant greater freedom of political activity to persons subject to restrictions under such laws. (b) The Commission shall submit interim reports at such time, or times, as the Commission deems necessary, shall submit a comprehensive report of its activities and the results of its studies to the Congress on or before June 30, 1958, and shall submit its final report not later than December 31, 1958, at which date the Commission shall cease to exist. The final report of the Commission may propose such constitutional amendments, legislative enactments, and administrative actions as in its judgment are necessary to carry out its recommendations. POWERS OF THE COMMISSION SEC. 4. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued over the signature of the chairman of the Commission, of such subcommittee, or any duly designated member, and may be served by any person designated by such chairman or member. The provisions of sections 102 to 104, inclusive, of the Revised Statutes of the United States (2 U. S. C., secs, 192-194), shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section. (b) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this Act; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman or vice chairman. (c) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended. (d) The commission may procure, without regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Administrative Expenses Act of 1946 (5 U. S. C., sec. 55a), but at rates not to exceed $50 per diem for individuals. COMPENSATION OF MEMBERS OF THE COMMISSION SEC. 5. (a) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the commission. (b) The members of the commission who are in the executive branch of the Government shall serve without compensation in addition to that received for their services in the executive branch, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the commission. (c) The members of the commission appointed from private life shall each receive $50 per diem when engaged in the actual performance of duties vested in the commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. [H. R. 433, 85th Cong., 1st Sess.] A BILL Establishing a Commission to study certain aspects of the restrictions on political activities imposed under sections 9, 12, and 15 of the Act commonly referred to as the Hatch Political Activities Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OF THE COMMISSION ON RESTRICTIONS OF POLITICAL ACTIVITIES UNDER THE HATCH POLITICAL ACTIVITIES ACT SECTION 1. (a) There is hereby established a bipartisan commission to be known as the Commission on Restrictions of Political Activities under the Hatch Political Activities Act (referred to in this Act as the "Commission"). (b) Service of an individual as a member of the Commission or employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes of the United States (5 U. S. C. 99). MEMBERSHIP AND ORGANIZATION OF THE COMMISSION SEC. 2. (a) The Commission shall be composed of twelve members as follows: (1) Four appointed by the President of the United States, two from the executive branch of the Government and two from among representatives of employee organizations of the Federal Government; (2) Four appointed by the President pro tempore of the Senate, two from the Senate and two from private life; and (3) Four appointed by the Speaker of the House of Representatives, two from the House of Representatives and two from private life. (b) of each class of two members provided for in subsection (a), not more than one shall be from each of the two major political parties. (c) Any vacancy in the membership of the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) The Commission shall elect a Chairman and a Vice Chairman from among its members. (e) Seven members of the Commission shall constitute a quorum. DUTIES OF THE COMMISSION SEC. 3. (a) The Commission shall conduct a full and complete investigation and study of the administration, operation, and enforcement of sections 9, 12, and 15 of the Act commonly referred to as the Hatch Political Activities Act, approved August 2, 1939 (5 U. S. C., secs. 118i, 118k, and 1181), to determine what changes therein are necessary, in the opinion of the Commission, in order to grant the greatest possible freedom of political activity to the greatest possible number of persons whose political activities are now restricted under such sections, consistent with the preservation of governmental efficiency and impartiality. In the course of such investigation and study the Commission shall (1) consider the possibility of excepting from the operation of such sections certain persons, or classes of persons, whose political activities are now restricted thereunder, including persons employed by State and local governments who are paid in any part from Federal funds; (2) consider the advisability of attempting to define more precisely the activities prohibited by such sections; (3) consider the advisability of classifying violations of such sections according to the nature of the political activity engaged in by the violator. and prescribing more severe penalties for serious violations and lesser penalties for minor violations, giving particular attention to the advisability of granting the United States Civil Service Commission complete discretion with respect to prescribing minimum penalties for minor violations; (4) study the possibility of granting discretionary power to the heads of the various departments and agencies of the United States in which the officers and employees are restricted in their political activities by such sections, to make a determination as to which officers and employees, or classes thereof, should be permitted to engage in certain political activities otherwise prohibited under such sections, including a determination with respect to the extent to which such officers and employees, or classes thereof, should be excepted from the provisions of such sections; (5) consider the advisability of providing for a continuing review or periodic reviews, of Federal laws restricting political activities of persons employed by the Federal Government, and persons employed by State and local governments who are paid in any part from Federal funds, in order to keep such restrictions at a minimum, consistent with governmental efficiency and impartiality; and (6) attempt to determine whether the purposes of the reviews of Federal laws referred to in paragraph (5) of this section could best be served by providing for such reviews at periodic intervals by temporary commissions or boards established from time to time for that purpose, or by providing for the establishment of a permanent commission or board to conduct a continuing review and periodically recommend changes in such laws which are necessary, in the opinion of such commission or board, to grant greater freedom of political activity to persons subject to restrictions under such laws. (b) The Commission shall submit interim reports at such time, or times, as the Commission deems necessary, shall submit a comprehensive report of its activities and the results of its studies to the Congress on or before June 30, 1958, and shall submit its final report not later than December 31, 1958, at which date the Commission shall cease to exist. The final report of the Commission may propose such constitutional amendments, legislative enactments, and administrative actions as in its judgment are necessary to carry out its recommendations. POWERS OF THE COMMISSION SEC. 4. (a) The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpenas may be issued over the signature of the Chairman of the Commission, of such subcommittee, or any duly designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 to 104, inclusive, of the Revised Statutes of the United States (2 U. S. C., secs. 192–194), shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section. (b) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information suggestions, estimates, and statistics for the purpose of this Act; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman. (c) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended. (d) The Commission may procure, without regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Administrative Expenses Act of 1946 (5 U. S. C., sec. 55a), but at rates not to exceed $50 per diem for individuals. COMPENSATION OF MEMBERS OF THE COMMISSION SEC. 5. (a) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (b) The members of the Commission who are in the executive branch of the Government shall serve without compensation in addition to that received for their services in the executive branch, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission. (c) The members of the Commission appointed from private life shall each receive $50 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of such duties. Mr. ASHMORE. Congressman Richard E. Lankford, who is the author of H. R. 1167, is here and we will call on you, sir, to testify first. Before you begin, Dick, I want to welcome to the committee also our colleagues, Mr. Broyhill of the 10th District of Virginia, and Mr. Hyde of the 6th District of Maryland, who have indicated they would |