[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Page S8941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FEDERAL EMPLOYEE REPRESENTATION IMPROVEMENT ACT OF 1995

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar 339, H.R. 782.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:
  A bill (H.R. 782) to amend title 18 of the United States Code to 
allow members of employee associations to represent their views before 
the U.S. Government.
  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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 group'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.''.

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the 
committee amendment, as amended, be agreed to, the bill be deemed read 
a third time, passed, the motion to reconsider be laid upon the table, 
and any statements relating to the bill be placed at the appropriate 
place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 782), as amended, was deemed read the third time and 
passed.
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