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
allow members of employee associations to rep-
resent their views before the United States Gov-
ernment.
AUGUST 4, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
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 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. REPRESENTATION OF VIEWS.
Section 205 of title 18, United States Code, is
amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following:
‘‘(h) Nothing in this section shall prevent an officer
or employee of the Government, if not inconsistent with
the faithful performance of such officer’s or employee’s
duties, from representing an employee association before,
or the interest of the members of the association to, the
Executive Branch or any agency of the Government. For
purposes of this subsection, an employee association is an
association or component of an association, a majority of
whose
members
are
officers
or
employees
of
the
Government.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Employee Rep-
resentation 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 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, a 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.’’.