II

Calendar No. 339

104TH CONGRESS

2D SESSION H. R. 782

IN THE SENATE OF THE UNITED STATES

OCTOBER 25, 1995

Received; read twice and referred to the Committee on the Judiciary

MARCH 5, 1996

Reported by Mr. HATCH, with an amendment

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

AN ACT

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

before the United States Government.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Employee

5 Representation Improvement Act of 1995’’.
2

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1 SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EM2 PLOYEES.

3 (a) EXTENSION OF EXEMPTION TO PROHIBITION.—

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

5 Code, is amended to read as follows:

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

7 officer or employee, if not inconsistent with the faithful

8 performance of that officer’s or employee’s duties, from

9 acting without compensation as agent or attorney for, or

10 otherwise representing—

11 ‘‘(A) any person who is the subject of discipli12 nary, loyalty, or other personnel administration pro13 ceedings in connection with those proceedings; or

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

15 cooperative, voluntary, professional, recreational, or

16 similar organization or group not established or op17 erated for profit, if a majority of the organization’s

18 or groups’s members are current officers or employ19 ees of the United States or of the District of Colum20 bia, or their spouses or dependent children.

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

22 to a covered matter that—

23 ‘‘(A) is a claim under subsection (a)(1) or

24 (b)(1);

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

26 where the organization or group is a party; or
3

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1 ‘‘(C) involves a grant, a contract, or other

2 agreement (including a request for any such grant,

3 contract, or agreement) providing for the disburse4 ment of Federal funds to the organization or

5 group.’’.

6 (b) APPLICATION TO LABOR-MANAGEMENT RELA7 TIONS.—Section 205 of title 18, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(i) Nothing in this section prevents an employee

10 from acting pursuant to chapter 71 of title 5 or section

11 1004 or chapter 12 of title 39.’’.

12 SECTION 1. SHORT TITLE.

13 This Act may be cited as the ‘‘Federal Employee Rep14 resentation Improvement Act of 1996’’.

15 SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EM16 PLOYEES.

17 (a) EXTENSION OF EXEMPTION TO PROHIBITION.—

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

19 is amended to read as follows:

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

21 officer or employee, if not inconsistent with the faithful per22 formance of that officer’s or employee’s duties, from acting

23 without compensation as agent or attorney for, or otherwise

24 representing—
4

•HR 782 RS

1 ‘‘(A) any person who is the subject of discipli2 nary, loyalty, or other personnel administration pro3 ceedings in connection with those proceedings; or

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

5 cooperative, voluntary, professional, recreational, or

6 similar organization or group not established or oper7 ated for profit, if a majority of the organization’s or

8 groups’s members are current officers or employees of

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

10 their spouses or dependent children.

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

12 a covered matter that—

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

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

15 where the organization or group is a party; or

16 ‘‘(C) involves a grant, contract, or other agree17 ment (including a request for any such grant, con18 tract, or agreement) providing for the disbursement of

19 Federal funds to the organization or group.’’.

20 (b) APPLICATION TO LABOR-MANAGEMENT RELA21 TIONS.—Section 205 of title 18, United States Code, is

22 amended by adding at the end the following:

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

24 acting pursuant to—

25 ‘‘(1) chapter 71 of title 5;
5

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1 ‘‘(2) section 1004 or chapter 12 of title 39;

2 ‘‘(3) section 3 of the Tennessee Valley Authority

3 Act of 1933 (16 U.S.C. 831b);

4 ‘‘(4) chapter 10 of title I of the Foreign Service

5 Act of 1980 (22 U.S.C. 4104 et seq.); or

6 ‘‘(5) any provision of any other Federal or Dis7 trict of Columbia law that authorizes labor-manage8 ment relations between an agency or instrumentality

9 of the United States or the District of Columbia and

10 any labor organization that represents its employ11 ees.’’.

Passed the House of Representatives October 24,

1995.

Attest: ROBIN H. CARLE,

Clerk.
Calendar No. 339

104TH CONGRESS

2D SESSION H. R. 782

AN ACT

To amend title 18 of the United States Code to

Government.resent their views before the United Statesallow members of employee associations to repMARCH 5, 1996

Reported with an amendment