[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 782 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Employee 
Representation Improvement Act of 1995''.</DELETED>

<DELETED>SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND 
              EMPLOYEES.</DELETED>

<DELETED>    (a) Extension of Exemption to Prohibition.--Subsection (d) 
of section 205 of title 18, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(A) any person who is the subject of 
        disciplinary, loyalty, or other personnel administration 
        proceedings in connection with those proceedings; or</DELETED>
        <DELETED>    ``(B) except as provided in paragraph (2), any 
        cooperative, voluntary, professional, recreational, or similar 
        organization or group not established or operated 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.</DELETED>
<DELETED>    ``(2) Paragraph (1)(B) does not apply with respect to a 
covered matter that--</DELETED>
        <DELETED>    ``(A) is a claim under subsection (a)(1) or 
        (b)(1);</DELETED>
        <DELETED>    ``(B) is a judicial or administrative proceeding 
        where the organization or group is a party; or</DELETED>
        <DELETED>    ``(C) involves a grant, a contract, or other 
        agreement (including a request for any such grant, contract, or 
        agreement) providing for the disbursement of Federal funds to 
        the organization or group.''.</DELETED>
<DELETED>    (b) Application to Labor-Management Relations.--Section 
205 of title 18, United States Code, is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Representation 
Improvement Act of 1996''.

SEC. 2. REPRESENTATION BY FEDERAL OFFICERS AND EMPLOYEES.

    (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 disciplinary, 
        loyalty, or other personnel administration proceedings 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 operated 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 agreement 
        (including a request for any such grant, contract, or 
        agreement) providing for the disbursement of Federal funds to 
        the organization or group.''.
    (b) Application to Labor-Management Relations.--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 District of 
        Columbia law that authorizes labor-management relations between 
        an agency or instrumentality of the United States or the 
        District of Columbia and any labor organization that represents 
        its employees.''.

            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 represent their views before the United States 
                              Government.

_______________________________________________________________________

                             March 5, 1996

                       Reported with an amendment