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 mem-
bers of employee associations to represent their views
before the United States Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employee
Representation Improvement Act of 1995’’.
SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EM-
PLOYEES.
(a) EXTENSION OF EXEMPTION TO PROHIBITION.—
Subsection (d) of section 205 of title 18, United States
Code, is amended to read as follows:
‘‘(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer’s or employee’s duties, from
acting without compensation as agent or attorney for, or
otherwise representing—
‘‘(A) any person who is the subject of discipli-
nary, loyalty, or other personnel administration pro-
ceedings in connection with those proceedings; or
‘‘(B) except as provided in paragraph (2), any
cooperative, voluntary, professional, recreational, or
similar organization or group not established or op-
erated for profit, if a majority of the organization’s
or groups’s members are current officers or employ-
ees of the United States or of the District of Colum-
bia, or their spouses or dependent children.
‘‘(2) Paragraph (1)(B) does not apply with respect
to a covered matter that—
‘‘(A) is a claim under subsection (a)(1) or
(b)(1);
‘‘(B) is a judicial or administrative proceeding
where the organization or group is a party; or
‘‘(C) involves a grant, a contract, or other
agreement (including a request for any such grant,
contract, or agreement) providing for the disburse-
ment
of
Federal
funds
to
the
organization
or
group.’’.
(b) APPLICATION TO LABOR-MANAGEMENT RELA-
TIONS.—Section 205 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(i) Nothing in this section prevents an employee
from acting pursuant to chapter 71 of title 5 or section
1004 or chapter 12 of title 39.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employee Rep-
resentation Improvement Act of 1996’’.
SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EM-
PLOYEES.
(a) EXTENSION OF EXEMPTION TO PROHIBITION.—
Subsection (d) of section 205 of title 18, United States Code,
is amended to read as follows:
‘‘(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful per-
formance of that officer’s or employee’s duties, from acting
without compensation as agent or attorney for, or otherwise
representing—
‘‘(A) any person who is the subject of discipli-
nary, loyalty, or other personnel administration pro-
ceedings in connection with those proceedings; or
‘‘(B) except as provided in paragraph (2), any
cooperative, voluntary, professional, recreational, or
similar organization or group not established or oper-
ated for profit, if a majority of the organization’s or
groups’s members are current officers or employees of
the United States or of the District of Columbia, or
their spouses or dependent children.
‘‘(2) Paragraph (1)(B) does not apply with respect to
a covered matter that—
‘‘(A) is a claim under subsection (a)(1) or (b)(1);
‘‘(B) is a judicial or administrative proceeding
where the organization or group is a party; or
‘‘(C) involves a grant, contract, or other agree-
ment (including a request for any such grant, con-
tract, or agreement) providing for the disbursement of
Federal funds to the organization or group.’’.
(b) APPLICATION
TO
LABOR-MANAGEMENT
RELA-
TIONS.—Section 205 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(i) Nothing in this section prevents an employee from
acting pursuant to—
‘‘(1) chapter 71 of title 5;
‘‘(2) section 1004 or chapter 12 of title 39;
‘‘(3) section 3 of the Tennessee Valley Authority
Act of 1933 (16 U.S.C. 831b);
‘‘(4) chapter 10 of title I of the Foreign Service
Act of 1980 (22 U.S.C. 4104 et seq.); or
‘‘(5) any provision of any other Federal or Dis-
trict of Columbia law that authorizes labor-manage-
ment relations between an agency or instrumentality
of the United States or the District of Columbia and
any labor organization that represents its employ-
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
allow members of employee associations to rep-
resent their views before the United States
Government.
MARCH 5, 1996
Reported with an amendment