Agency Relationships With Organizations Representing Federal Employees and Other Organizations

Proposed Rules

Federal Register

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Proposed Rules

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 251

RIN 3206-AH72

Agency Relationships With Organizations Representing Federal

Employees and Other Organizations

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed

regulations governing agency relations with managerial, supervisory,

professional, and other organizations that are not labor organizations.

These regulations would reflect a provision of the Federal Employee

Representation Improvement Act of 1996.

DATES: Comments due by June 23, 1997.

ADDRESSES: Send written comments to Lorraine Lewis, General Counsel,

Office of Personnel Management, P.O. Box 57, Washington, DC 20044, or

deliver to OPM, Room 3451, 1900 E St. NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Wade Plunkett (202) 606-1700.

SUPPLEMENTARY INFORMATION: OPM published in the Federal Register on

June 26, 1996, at 61 FR 32913-32917, final regulations on agency

relationships with organizations representing Federal employees and

other organizations. Section 251.101(f) of the final regulations

cautions Federal employees against violating the restrictions imposed

by 18 U.S.C. Sec. 205 which, in pertinent part, restricts Federal

employees from acting, other than in the proper discharge of their

official duties, as agents or attorneys for any person or organization

other than a labor organization, before any Federal agency or other

Federal entity in connection with any matter in which the United States

is a party or has a direct and substantial interest. Section 251.101(f)

of the regulation accordingly advises agency officials and employees to

consult with their designated agency ethics official for guidance

regarding any conflicts of interest that may arise. 5 CFR 251.101(f).

Subsequent to the effective date of the final rule, Congress

modified the 18 U.S.C. Sec. 205 restrictions to permit employee

representation of employee organizations under certain circumstances.

The Federal Employee Representation Improvement Act of 1996; Public Law

104-177, 110 Stat. 1563, August 6, 1996. As amended, Section

205(d)(1)(B) allows a Federal officer or employee, if not inconsistent

with the performance of his or her duties, to represent without

compensation a non-profit cooperative, voluntary, professional,

recreational or similar organization if a majority of the

organization's or group's members are Government officers or employees

or their spouses or dependent children.

Subsection (d)(2) of amended Section 205, sets forth the

circumstances in which a Federal employee may not act as agent or

attorney representing an employee organization. There are three

situations in which an employee is prohibited from representing the

views of the organization or group. The first situation prevents

employee representation when the subject of the representation is a

claim against the United States. 18 U.S.C. Sec. 205(d)(2)(A). The

second situation prohibits the prescribed action during a judicial or

administrative proceeding where the organization or group is a party.

18 U.S.C. Sec. 205(d)(2)(B). The third situation expressly disallows

Federal employees from requesting grants, contracts or Federal funds on

behalf of an employee organization. 18 U.S.C. Sec. 205(d)(2)(C).

Accordingly, paragraph (f) of the Part 251 regulation is being revised

to reflect the new law.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because it will only

affect Federal Government employees and non-labor organizations

representing such employees.

Executive Order 12866, Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 251

Government employees.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM proposes to amend 5 CFR part 251 as follows:

PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING

FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS

1. The authority citation for part 251 continues to read as

follows:

Authority: 5 U.S.C. Sec. 1104; 5 U.S.C. Chap 7; 5 U.S.C.

Sec. 7135; 5 U.S.C. 7301; E.O. 11491.

2. In Sec. 251.101, paragraph (f) is revised to read as follows:

Sec. 251.101 Introduction.

* * * * *

(f) Federal employees, including management officials and

supervisors, may communicate with any Federal agency, officer, or other

Federal entity on the employee's own behalf. However, Federal employees

should be aware that 18 U.S.C. 205, in pertinent part, restricts

Federal employees from acting, other than in the proper discharge of

their official duties, as agents or attorneys for any person or

organization other than a labor organization, before any Federal agency

or other Federal entity in connection with any matter in which the

United states is a party or has a direct and substantial interest. An

exception to the prohibition found in 18 U.S.C. 205 permits Federal

employees to represent certain nonprofit organizations before the

Government except in connection with specified matters. Agency

officials and employees are therefore advised to consult with their

designated agency ethics officials for guidance regarding any conflicts

of interest that may arise.

[FR Doc. 97-10209 Filed 4-21-97; 8:45 am]

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