I
105TH CONGRESS
1ST SESSION
H. R. 1966
To expand the definition of ‘‘special Government employee’’ under title 18,
United States Code.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 1997
Mr. HORN (for himself, Mrs. MALONEY of New York, Mr. DAVIS of Virginia,
Mr. BAKER, Mr. ENGLISH of Pennsylvania, Mr. MICA, and Mr. SES-
SIONS) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To expand the definition of ‘‘special Government employee’’
under title 18, United States Code.
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 ‘‘Special Government
Employee Act of 1997’’.
SEC. 2. AMENDMENT TO DEFINITION OF ‘‘SPECIAL GOV-
ERNMENT EMPLOYEE’’.
(a) AMENDMENT TO SECTION 202(a).—Subsection
(a) of section 202 of title 18, United States Code, is
amended to read as follows:
‘‘(a) For the purpose of sections 203, 205, 207, 208,
and 209 of this title the term ‘special Government em-
ployee’ shall mean—
‘‘(1) an officer or employee as defined in sub-
section (c) who is retained, designated, appointed, or
employed in the legislative or executive branch of the
United States Government, in any independent
agency of the United States, or in the government
of the District of Columbia, and who, at the time of
retention, designation, appointment or employment,
is expected to perform temporary duties on a full-
time or intermittent basis for not to exceed one hun-
dred and thirty days during any period of three hun-
dred and sixty five consecutive days;
‘‘(2) a part-time United States commissioner;
‘‘(3) a part-time United States magistrate;
‘‘(4) an independent counsel appointed under
chapter 40 of title 28 and any person appointed by
that independent counsel under section 594(c) of
title 28;
‘‘(5) a person serving as a part-time local rep-
resentative of a Member of Congress in the Mem-
ber’s home district or State; and
‘‘(6) a Reserve officer of the Armed Forces, or
an officer of the National Guard of the United
States, who is not otherwise an officer or employee
as defined in subsection (c) who is—
‘‘(A) on active duty solely for training
(notwithstanding section 2105(d) of title 5);
‘‘(B) serving voluntarily for not to exceed
one hundred and thirty days during any period
of three hundred and sixty five consecutive
days; or
‘‘(C) serving involuntarily.’’.
(b) AMENDMENT TO SECTION 202(c).—Subsection
(c) of 202 of title 18, United States Code, is amended
to read as follows:
‘‘(c) The terms ‘officer’ and ‘employee’ in sections
203, 205, 207 through 209, and 218 of this title shall
include—
‘‘(1) an individual who is retained, designated,
appointed or employed in the United States Govern-
ment or in the government of the District of Colum-
bia, to perform, with or without compensation and
subject to the supervision of the President, the Vice
President, a Member of Congress, a Federal judge
or an officer or employee of the United States or of
the government of the District of Columbia, a Fed-
eral or District of Columbia function under author-
ity of law or an Executive act. As used in this sec-
tion, a Federal or District of Columbia function
shall include, but not be limited to—
‘‘(A) supervising, managing, directing or
overseeing a Federal or District of Columbia of-
ficer or employee in the performance of such of-
ficer’s or employee’s official duties;
‘‘(B) providing regular advice, counsel, or
recommendations to the President, the Vice
President, a Member of Congress, or any Fed-
eral or District of Columbia officer or employee,
or conducting meetings involving any of those
individuals, as part of the Federal or District of
Columbia government’s internal deliberative
process; or
‘‘(C) obligating funds of the United States
or the District of Columbia;
‘‘(2) a Reserve officer of the Armed Forces or
an officer of the National Guard of the United
States who is serving voluntarily in excess of one