Union Calendar No. 123

104TH CONGRESS

1ST SESSION H. R. 782

[Report No. 104–230]

A BILL

To amend title 18 of the United States Code to

ernment.resent their views before the United States Govallow members of employee associations to repAUGUST 4, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 123

104TH CONGRESS

1ST SESSION H. R. 782

[Report No. 104–230]

To amend title 18 of the United States Code to allow members of employee

associations to represent their views before the United States Government.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1995

Mr WOLF introduced the following bill; which was referred to the Committee

on the Judiciary

AUGUST 4, 1995

Additional sponsors: Mr. DAVIS, Mrs. MORELLA, Mr. BARTLETT of Maryland,

Mr. MORAN, Mr. FRANK of Massachusetts, Mr. BRYANT of Tennessee,

Mr. JACOBS, Mr. LEWIS of California, Mr. PICKETT, Mr. JONES, Mr.

HORN, Mr. RICHARDSON, Mr. COLEMAN, Mr. NEY, Mr. GOODLING, Mr.

FAZIO of California, Mr. CALVERT, Mr. HILLIARD, Mr. FROST, Mrs.

CLAYTON, Mr. LEWIS of Georgia, Mr. MFUME, Mr. SOLOMON, Mr.

HOYER, Mr. MCDERMOTT, Ms. NORTON, Mr. DEFAZIO, and Mr. RIGGS

AUGUST 4, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 18 of the United States Code to allow members of employee associations to represent their views

before the United States Government.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPRESENTATION OF VIEWS.

4 Section 205 of title 18, United States Code, is

5 amended by redesignating subsection (h) as subsection (i)

6 and by inserting after subsection (g) the following:

7 ‘‘(h) Nothing in this section shall prevent an officer

8 or employee of the Government, if not inconsistent with

9 the faithful performance of such officer’s or employee’s

10 duties, from representing an employee association before,

11 or the interest of the members of the association to, the

12 Executive Branch or any agency of the Government. For

13 purposes of this subsection, an employee association is an

14 association or component of an association, a majority of

15 whose members are officers or employees of the

16 Government.

17 SECTION 1. SHORT TITLE.

18 This Act may be cited as the ‘‘Federal Employee Rep19 resentation Improvement Act of 1995’’.

20 SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EM21 PLOYEES.

22 (a) EXTENSION OF EXEMPTION TO PROHIBITION.—

23 Subsection (d) of section 205 of title 18, United States Code,

24 is amended to read as follows:
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•HR 782 RH

1 ‘‘(d)(1) Nothing in subsection (a) or (b) prevents an

2 officer or employee, if not inconsistent with the faithful per3 formance of that officer’s or employee’s duties, from acting

4 without compensation as agent or attorney for, or otherwise

5 representing—

6 ‘‘(A) any person who is the subject of discipli7 nary, loyalty, or other personnel administration pro8 ceedings in connection with those proceedings; or

9 ‘‘(B) except as provided in paragraph (2), any

10 cooperative, voluntary, professional, recreational, or

11 similar organization or group not established or oper12 ated for profit, if a majority of the organization’s or

13 groups’s members are current officers or employees of

14 the United States or of the District of Columbia, or

15 their spouses or dependent children.

16 ‘‘(2) Paragraph (1)(B) does not apply with respect to

17 a covered matter that—

18 ‘‘(A) is a claim under subsection (a)(1) or (b)(1);

19 ‘‘(B) is a judicial or administrative proceeding

20 where the organization or group is a party; or

21 ‘‘(C) involves a grant, a contract, or other agree22 ment (including a request for any such grant, con23 tract, or agreement) providing for the disbursement of

24 Federal funds to the organization or group.’’.
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1 (b) APPLICATION TO LABOR-MANAGEMENT RELA2 TIONS.—Section 205 of title 18, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(i) Nothing in this section prevents an employee from

5 acting pursuant to chapter 71 of title 5 or section 1004

6 or chapter 12 of title 39.’’.