[Congressional Record Volume 141, Number 20 (Wednesday, February 1, 1995)]
[Extensions of Remarks]
[Page E244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        LEGISLATION AMENDING TITLE 18 OF THE UNITED STATES CODE

                                 ______


                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                      Wednesday, February 1, 1995
  Mr. WOLF. Mr. Speaker, for as long as I can remember Federal 
employees who are members of employee organizations, like credit 
unions, child care centers, health and fitness organizations, 
recreation associations, and professional associations, have been able 
to represent the views of the employee organization to the employing 
department or agency. I think all would agree that active employee 
participation in matters of employment should be encouraged.
  Until now, Federal employees' ability to represent to their superiors 
the interests of their employee organization has peacefully coexisted 
with Sec. 205 of title 18, United States Code, which prohibits a 
Government employee, except in the performance of official duties, from 
acting as agent or attorney for anyone before any agency or court of 
the United States in connection with a covered matter. A covered matter 
is described at 18 U.S.C. Sec. 205(h) as including ``any judicial or 
other proceeding, application, request for a ruling or other 
determination, contract, claim, controversy, investigation, charge, 
accusation, arrest, or other particular matter.'' Until now, issues 
affecting employees as employees, such as pay and benefits issues, have 
not been viewed as covered matters.
  The Department of Justice [DoJ] has recently issued legal opinions 
and guidelines stating that managers or supervisors who are Federal 
employees and who represent the interests of their peers or 
associations before senior management officials are guilty of a 
violation of 18 U.S.C. Sec. 205 and could be prosecuted as felons and 
subject to imprisonment and fines. Technically, according to DoJ, an 
employee who asks to use office space on behalf of an employee 
organization may have violated the law and could be subject to criminal 
prosecution.
  Mr. Speaker, 18 U.S.C. Sec. 205 was enacted in 1962 and there has not 
been a problem until DoJ issued its opinion. Now, if a Federal employee 
wishes to discuss child care on behalf of her employee organization, 
she is in technical violation of the law. This situation is outrageous 
and must be corrected. I have contacted the Attorney General about this 
issue and am awaiting a response. In the meantime, I am introducing 
legislation which reverses the Department of Justice's interpretation 
of the law to allow a Federal employee to represent an employee 
association or the interests of its members to the executive branch or 
any agency of the Government.
  This small technical change will protect the rights that Federal 
employees have enjoyed for years until the Department of Justice 
removed them through its interpretation of the law. This legislation is 
a good-government measure, is good for Federal employees, and maintains 
the integrity and purpose of Sec. 205. Mr. Speaker, I urge Members to 
cosponsor this legislation and urge the House to make this technical 
change to the law as soon as possible.
                                H.R. --

       Be it enacted by the Senate and House of Representatives 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.''
     

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