The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“LEGISLATION AMENDING TITLE 18 OF THE UNITED STATES CODE” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E244 on Feb. 1, 1995.
The publication is reproduced in full below:
LEGISLATION AMENDING TITLE 18 OF THE UNITED STATES CODE
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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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